Otherwise Applied definition

Otherwise Applied means, with respect to any Net Proceeds, the amount of such Net Proceeds that was (i) required to prepay the Loans pursuant to Section 2.11 or (ii) otherwise previously applied under the Loan Documents.

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Otherwise Applied means, with respect to any Net Cash Proceeds, the amount of such Net Cash Proceeds that were previously applied under the Loan Documents.

Otherwise Applied has the correlated meaning.

Examples of Otherwise Applied in a sentence

• In addition to the foregoing Capital Expenditures, the Borrower and its Subsidiaries may make additional Capital Expenditures in an aggregate amount not to exceed 100% of Cumulative Excess Cash Flow that is Not Otherwise Applied.

• This Discounted Term Loan Prepayment is being financed by [the Borrower] [and] [Restricted Subsidiary] with Internally Generated Cash Flow or with Eligible Equity Proceeds or the proceeds of Permitted Subordinated Indebtedness, in each case that are Not Otherwise Applied.

• Investments made using the Excluded WD Credit Not Otherwise Applied.

• Otherwise, Applied Biology shall thereafter have the right but not the obligation to, within one hundred and twenty (120) days of T▇▇▇▇▇’s failure to elect, seek to obtain a discontinuance of such Infringement or bring and prosecute an action against the third party with respect to the Applied Biology IP.

• Subsection 8.14(a) of the Credit Agreement is hereby amended by inserting “(x)” immediately prior to the phrase “with Cumulative Excess Cash Flow Not Otherwise Applied so long as the Consolidated Leverage Ratio of the Parent Borrower for the Most Recent Four Quarter Period is less than or equal to 3.75 to 1.00” and inserting immediately after such phrase “and (y) in amounts not to exceed in the aggregate the amount of any Indebtedness incurred or assumed in reliance on subsection 8.2(x)”.

More Definitions of Otherwise Applied

Otherwise Applied shall have the correlative meaning.

Otherwise Applied means, with respect to any Net Proceeds, the amount of such Net Proceeds that was (i) required to prepay the Loans pursuant to Section 2.11 or (ii) otherwise previously applied under the Loan Documents. “Outbound Investment Rules” means the regulations administered and enforced, together with any related public guidance issued, by the United States Treasury Department under U.S. Executive Order 14105 of August 9, 2023, or any similar law or regulation; as of the date of this Agreement, and as codified at 31 C.F.R. § 850.101 et seq. “Overnight Bank Funding Rate” means, for any day, the rate comprised of both overnight federal funds and overnight eurodollar borrowings by U.S.-managed banking offices of depository institutions, as such composite rate shall be determined by the NYFRB as set forth on its public website from time to time, and published on the next succeeding Business Day by the NYFRB as an overnight bank funding rate (from and after such date as the NYFRB shall commence to publish such composite rate). “Parent” means any direct or indirect parent of which Holdings is a wholly owned subsidiary. “Participant” has the meaning set forth in Section 9.04(c). “Participant Register” has the meaning set forth in Section 9.04(c). “Patriot Act” has the meaning set forth in Section 9.14. “Payment” has the meaning set forth in Section 8.04. “Payment Notice” has the meaning set forth in Section 8.04. “PBGC” means the Pension Benefit Guaranty Corporation referred to and defined in ERISA and any successor entity performing similar functions. “Perfection Certificate” means a certificate in the form of Exhibit C or any other form approved by the Collateral Agent. “Permits” means, with respect to any Person, any permit, approval, authorization, license, registration, certificate, concession, grant, franchise, variance or permission from, and any other contractual obligations with, any Governmental Authority, in each case whether or not having the force of law and applicable to or binding upon such Person or any of its property or operations or to which such Person or any of its property or operations is subject. “Permitted Acquisition” means any Investment by Holdings or any of its Restricted Subsidiaries consisting of (a) the acquisition of all or substantially all of the assets of any other Person (a “Target”) or of assets constituting a business unit, a division or line of business of a Target or a facility of such Target (including research and development and...

Otherwise Applied shall have the corresponding meaning.