Examples of Permitted Bank Indebtedness in a sentence
To the extent that the Estimated Permitted Bank Indebtedness exceeds the amount required to pay out the net liability of the TEXCAN ENTITIES to CIBC according to the Payment Letter delivered to Anicom pursuant to Section 8.2(h), such excess shall be paid to TEXCAN to be used to honor and clear checks written by the Texcan Entities on or prior to the Closing Date to pay obligations which form part of the Assumed Liabilities (the "Outstanding Check Funds").
At the Closing, the ANICOM ENTITIES shall pay to the TEXCAN ENTITIES an amount (the "Cash Payment") equal to (i) U.S.$39,000,000, minus U.S.$11,781,498, which amount represents the parties estimate of the Effective Date Permitted Bank Indebtedness (the "Estimated Permitted Bank Indebtedness"), by wire transfer of immediately available funds to an account or accounts of the TEXCAN ENTITIES at a bank or banks specified by TEXCAN CN in wire transfer instructions.
Alternatively, if and to the extent that the Estimated Permitted Bank Indebtedness exceeds the Effective Date Permitted Bank Indebtedness, as set forth in the Closing Statement, then the ANICOM ENTITIES shall, within five business days after the ultimate determination of the Effective Date Permitted Indebtedness, pay to the TEXCAN ENTITIES by bank or certified check or wire transfer an amount equal to such excess.
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For purposes of this determination, the parties agree that cash and cash equivalents will constitute, and be deemed to constitute, a contra-liability included in the Permitted Bank Indebtedness as of the Effective Date and, therefore, an Assumed Liability and will not constitute, or be deemed to constitute a Purchased Asset.