Net Refinancing Proceeds definition

Net Refinancing Proceeds means the gross proceeds received from the closing of the financing or refinancing of a specified asset less the aggregate of (i) obligations due to the holders of then existing Senior Loans thereon being satisfied, including, without limitation, any prepayment penalties or fees, and (ii) reasonable closing costs payable to third-parties who are not a MARC Entity or an Affiliate thereof other than a refinancing fee as contemplated by Section 12.2.2 hereof.

Net Refinancing Proceeds shall have the meaning set forth in Subsection 4.8.5.

Net Refinancing Proceeds means the aggregate amount of any Refinancing Indebtedness incurred in excess of the aggregate principal amount (or if issued with original issue discount, an aggregate issue price) then outstanding of the Indebtedness being refinanced by such Refinancing Indebtedness, plus fees, underwriting discounts, premiums, unpaid accrued interest and other costs and expenses incurred in connection with such Refinancing Indebtedness.

Examples of Net Refinancing Proceeds in a sentence

• The BOP Preferred Cumulative Return shall be payable as specified in this Agreement only from funds available to the Partnership from Net Cash Flow, Net Refinancing Proceeds, Net Sale Proceeds or proceeds upon the Partnership's liquidation, and shall not (i) create a debt of the Partnership to any Partner to the extent that any such funds are not available for distribution, or (ii) constitute a guaranteed payment as defined in Section 707(c) of the Code.

• The Preferred Cumulative Return shall be payable as specified in this Agreement only from funds available to the Partnership from Net Cash Flow, Net Refinancing Proceeds, Net Sale Proceeds or proceeds upon the Partnership's liquidation, and shall not (i) create a debt of the Partnership to any Partner to the extent that any such funds are not available for distribution, or (ii) constitute a guaranteed payment as defined in Section 707(c) of the Code.

• The Company shall give Purchaser and its Representatives a reasonable opportunity to review and comment on drafts of the Company Information Circular and other related documents, and shall accept the reasonable comments made by Purchaser and its Representatives, and agrees that all information relating to the Purchaser included in the Company Information Circular must be in a form and content reasonably satisfactory to Purchaser.

• Upon payment to County of a Net Proceeds Share in connection with a Financing Event, then the Improvement Costs incurred by Concessionaire prior to such Financing Event shall be increased by the amount of Net Refinancing Proceeds derived from such Financing Event and the Documented Transaction Costs incurred with respect thereto and shall be in addition to Improvement Costs incurred by Concessionaire after such Financing Event.

• Making, or causing to be made, distributions of Cash Available for Distribution, Net Refinancing Proceeds or Net Sales Proceeds pursuant to Article IV.

More Definitions of Net Refinancing Proceeds

Net Refinancing Proceeds means the gross principal amount of any Financing Event after the date of this Agreement, minus (i) the principal amount of Concessionaire's existing financing, (ii) Improvement Costs incurred by Concessionaire and not paid for or repaid with the proceeds of any Financing Event and (iii) Documented Transaction Costs with respect to such Financing Event [strike through end].

Net Refinancing Proceeds means the gross face amount of the Project Loan obtained in connection with such Refinancing, after: (1) payment of the actual, documented and reasonable expenses of such Refinancing, including escrow fees, title policy expenses, legal expenses, survey fees, recording fees, commissions, and other usual and reasonable expenses of any such Refinancing (provided, that no deduction shall be allowed for payments in connection with such Refinancing which are in excess of the amounts that would be paid for the same or equivalent services in an arms’ length transaction between unrelated parties acting reasonably); and (2) deduction of amounts repaid (excluding voluntary payments) in connection with the Refinancing towards amounts outstanding under the Senior Financing.

Net Refinancing Proceeds means, with respect to a Refinancing Transaction, the net proceeds received by any applicable Excluded Subsidiary in connection with such Refinancing Transaction (including any swap termination payments and released reserves (other than any portion thereof that are used to fund the reserves pursuant to such Refinancing Transaction) that are received by any such Excluded Subsidiary in connection with such Refinancing Transaction) net of (a) transaction costs, fees and related expenses associated with such Refinancing Transaction, (b) amounts used to fund any applicable reserves required to be funded pursuant to such Refinancing Transaction (other than any reserves funded with proceeds of reserves released from the Permitted Asset Financing that is being refinanced pursuant to such Refinancing Transaction), (c) the amount required to repay the Permitted Asset Financing Transaction that is being refinanced pursuant to such Refinancing Transaction, (d) the amount required to make any swap termination payments required to be made in connection with such Refinancing [***] = Certain information contained in this document, marked by brackets, has been omitted because it is both not material and would be competitively harmful if publicly disclosed. Transaction and (e) any upfront payments required with the hedging strategy pursued in connection with such Refinancing Transaction.

Net Refinancing Proceeds means the gross principal amount of any Financing Event after the Effective Date (plus, in the case of secondary financing, the original principal balance of any existing financing that is not repaid as a part of such secondary financing), minus (i) the greatest of (A) the Improvement Costs, (B) the original principal amount of any subsequent refinancing by Tenant in connection with which County was paid Value Appreciation Rent plus, if the financing described in this clause (B) was secondary financing, the original principal balance of any then-existing financing that was not repaid as a part of such secondary financing, or (C) in the case of a successor Tenant, the purchase price such successor paid to Tenant or such successor Tenant’s seller for the interest acquired; (ii) any portion of the proceeds of the Financing Event that shall be used for Improvement Costs; (iii) other Improvement Costs incurred by Tenant and not paid for or repaid with the proceeds of any Financing Event; and (iv) Documented Transaction Costs with respect to such Financing Event. Notwithstanding the foregoing, there shall be no double counting of Improvement Costs.

Net Refinancing Proceeds means the cumulative full amount disbursed (in one or more advances) under any loan or loans obtained by Owner, from time to time, to the extent such disbursement or disbursements are not used for the following purposes: (i) simultaneous repayment of other indebtedness of Owner; (ii) commercially reasonable transaction costs; and (iii) the payment of, or creation of reserves deemed necessary in the reasonable discretion of Owner for, Administrative Expenses.

Net Refinancing Proceeds means the aggregate amount of any Refinancing Indebtedness incurred in excess of the sum of the aggregate principal amount (or if issued with original issue discount, an aggregate issue price) then outstanding of the Indebtedness being refinanced by such Refinancing Indebtedness (including any amounts satisfying AIMCO's obligations under the Contingent Acquisition Note), plus fees, underwriting discounts, premiums, unpaid accrued interest and other costs and expenses incurred in connection with such Refinancing Indebtedness; provided, that, in the case of non-wholly owned Persons, Net Refinancing Proceeds shall be limited to the Borrowers', the Guarantors' or any of their Subsidiaries' respective pro-rata share of such excess Refinancing Indebtedness.

Net Refinancing Proceeds is defined in Section 3.2.