Permitted Intercompany Transfers means any of the following:
Permitted Intercompany Transfers means any Disposition by the Parent or any Restricted Subsidiary to the Parent or any Restricted Subsidiary; provided that (i) any such Disposition made for consideration of less than the fair market value of the assets Disposed of (as reasonably determined by the Company) shall constitute an Investment by the maker of such Disposition in the recipient of such Disposition in an amount equal to the difference (as reasonably determined by the Company) between the fair market value of the assets so Disposed of and the consideration received and such Investment shall be required to be permitted under Section 8.02 (provided that, solely for this purpose, Section 8.02(i) shall not apply) and (ii) for the avoidance of doubt, any non-cash consideration received in connection with any such Disposition in the form of an Investment shall be required to be permitted under Section 8.02 (provided that, solely for this purpose, Section 8.02(i) shall not apply).
Permitted Intercompany Transfers means intercompany transfers consisting of (i) loans, advances and investments made by the Loan Parties to the Excluded Subsidiaries to finance expenditures in the ordinary course of business, and (ii) sales, transfers, leases and other dispositions of assets by the Loan Parties to the Excluded Subsidiaries; provided, that (a) the aggregate amount of clause (i) and the non-cash consideration paid by the Excluded Subsidiaries to the Loan Parties for sales, transfers, leases and other dispositions set forth in clause (ii) above shall not, at any time the same is to be determined, exceed the Excluded Subsidiary Limit for the four fiscal quarters ending immediately prior to such date of determination, (b) contracts, agreements and business arrangements between a Loan Party and an Excluded Subsidiary permitted pursuant to Section 8.16 hereof shall not be deemed an intercompany transfer, and (c) loans, advances and investments permitted by Section 8.9(e), (m) or (n) hereof shall not be deemed to be intercompany transfers for purposes of clause (i) of this defined term.
Examples of Permitted Intercompany Transfers in a sentence
Make advances, loans or extensions of credit to any Person, including any other Loan Party or Affiliate thereof, other than Permitted Intercompany Transfers and Permitted Investments.
Section 20.2 Section 7.4(a)(iv) of the Credit Agreement, as the result of the Borrower's failure to limit Permitted Intercompany Transfers to $250,000 in the aggregate for the Borrower's fiscal year ending December 31, 2001.
Section 20.1 Section 7.2(e) of the Credit Agreement, as the result of the Borrower's failure to limit Permitted Intercompany Transfers to $250,000 in the aggregate for the Borrower's fiscal year ending December 31, 2001.
More Definitions of Permitted Intercompany Transfers
Permitted Intercompany Transfers means intercompany transfers consisting of (i) loans, advances and investments made by the Loan Parties to Excluded Subsidiaries to finance expenditures in the ordinary course of business, (ii) any other loans, advances and investments made by the Loan Parties to Excluded Subsidiaries and (iii) sales, transfers, leases and other Dispositions of assets by the Loan Parties to Excluded Subsidiaries; provided, that (a) the aggregate amount of clause (ii) and any other non-cash consideration paid by Excluded Subsidiaries to the Loan Parties for sales, transfers, leases and other Dispositions set forth in clause (iii) above shall not, at any time the same is to be determined, exceed the Excluded Subsidiary Limit for the most recent Test Period ending immediately prior to such date of determination and (b) contracts, agreements and business arrangements between a Loan Party and an Excluded Subsidiary permitted pursuant to Section 8.16 hereof shall not be deemed an intercompany transfer.
Permitted Intercompany Transfers means (a) dispositions of property by any Domestic Loan Party to any other Domestic Loan Party; (b) dispositions of Equity Interests in Bright Denmark Telecom and/or Bright Denmark Administration to the Parent or any other Subsidiary; (c) dispositions of property by any Foreign Subsidiary to any other Foreign Subsidiary, provided that that any Indebtedness loaned or advanced by any Foreign Subsidiary that is not a Foreign Loan Party to any Foreign Loan Party as consideration for any disposition pursuant to this clause (c) shall be subordinated in right of payment to the prior payment of the Foreign Obligations on terms and conditions set forth in Exhibit 8.02; (d) dispositions of property by the Parent or any Domestic Subsidiary to any Foreign Subsidiary (it being understood that if the consideration paid in connection therewith is (i) not cash or Cash Equivalents paid contemporaneous with consummation of such disposition, such consideration shall be deemed an Investment in such Foreign Subsidiary and (ii) less than the fair market value of the property subject thereto, then such difference shall be deemed an Investment in such Foreign Subsidiary), (e) dispositions of property by any Foreign Subsidiary to the Parent or any Domestic Subsidiary, provided that that any Indebtedness issued by the Parent or any Domestic Subsidiary to any Foreign Subsidiary that is not a Foreign Borrower as consideration for any disposition pursuant to this clause (e) shall be subordinated in right of payment to the prior payment of the Obligations on terms and conditions set forth in Exhibit 8.02 (it being understood that if the consideration paid in connection therewith exceeds the fair market value of the property subject thereto, then such excess shall be deemed an Investment in such Foreign Subsidiary) and (f) the cancellation or forgiveness in the ordinary course of business of intercompany Indebtedness permitted under Section 8.03 (other than Indebtedness loaned or advanced by the Parent or any Domestic Subsidiary to any Foreign Subsidiary). Notwithstanding the foregoing, the sale, transfer or other disposition of any property to a Foreign Subsidiary or a SPV pursuant to, in connection with or in contemplation of a Permitted Securitization Transaction or a Permitted Factoring Transaction shall not be a Permitted Intercompany Transfer.
Permitted Intercompany Transfers means intercompany transfers consisting of (i) loans, advances and investments made by the Loan Parties to Excluded Subsidiaries to finance expenditures in the ordinary course of business, and (ii) sales, transfers, leases and other Dispositions of assets by the Loan Parties to Excluded Subsidiaries; provided, that (a) the aggregate amount of clause (i) and the non-cash consideration paid by Excluded Subsidiaries to the Loan Parties for sales, transfers, leases and other Dispositions set forth in clause (ii) above shall not, at any time the same is to be determined, exceed the Excluded Subsidiary Limit for the most recent Test Period ending immediately prior to such date of determination, (b) contracts, agreements and business arrangements between a Loan Party and an Excluded Subsidiary permitted pursuant to Section 8.16 hereof shall not be deemed an intercompany transfer, and (c) loans, advances and investments permitted by Section 8.9(e), (n) or (o) hereof shall not be deemed to be intercompany transfers for purposes of clause (i) of this defined term.
Permitted Intercompany Transfers means any Intercompany Transfer, (a) by any Company Entity, on the one hand, to any Seller or any of its Affiliates (other than any Company Entity), on the other hand, or (b) by any Seller or any of its Affiliates (other than any Company Entity), on the one hand, to any Company Entity, on the other hand, required to remain unrestricted pursuant to the TG Finance Credit and Guaranty Agreement.
Permitted Intercompany Transfers means (1) any Intercompany Transfer consistent with historical practice that does not constitute Leakage and involves (a) any payment, repayment or prepayment solely related to the sale of energy, capacity or ancillary services (in each case net of any energy, capacity or ancillary service costs incurred by any Company Entity solely for the purpose of meeting its load support obligations pursuant to any Company Contract with an electric cooperative), (b) any net payment solely related to a Company Contract with a municipal utility, (c) any payment, prepayment or repayment solely related to the costs of fuel consumed by any Project for the production of electricity, (d) any payment, prepayment or repayment solely related to wages and related employee/employer expenses, including travel and entertainment expenses, (e) any payment, prepayment or repayment solely related to P-Card transactions of the Company Entities, (f) any payment, prepayment or repayment solely related to insurance and (g) any payment, prepayment or repayment solely to the extent related to the transmission required for the PJM 2017/2018 Capacity Revenue (2) any dividend or other distribution of cash in an amount not to exceed the revenues generated through the operation of the Cottonwood Project minus the plant-level costs (including, for avoidance of doubt, all costs that would be borne by the “Tenant” pursuant to the Cottonwood Lease as if it were in effect during the Lockbox Period) and, for each month during the Lockbox Period, the Cottonwood Monthly Overhead Cost incurred for the operation thereof by Cottonwood and those entities set forth in Schedule 1.01(a) during the Lockbox Period; provided that, for the avoidance of doubt, such revenues shall not include any amounts in respect of lease payments pursuant to the Cottonwood Lease.
Permitted Intercompany Transfers means (a) sales and transfers of inventory in the ordinary course of business by Avnet or any of its Domestic Subsidiaries to any Foreign Subsidiary, provided such sale or transfer is undertaken (i) upon the receipt of and in order to satisfy a bona fide customer order or (ii) in anticipation of future customer orders, based upon a bona fide customer commitment or customer-provided purchase forecast; (b) sales and transfers of inventory or equipment by any Loan Party to any other Loan Party (other than a sale or transfer from Avnet or a Domestic Subsidiary to a Foreign Subsidiary); or (c) other sales and transfers of inventory in the ordinary course of business by Avnet or any of its Domestic Subsidiaries to any Foreign Subsidiary (other than as described in clause (a) of this defined term) pursuant to reasonably anticipated customer demand in the jurisdiction of such recipient (including "special needs" situations) and not exceeding in the aggregate $6,000,000 in value for any Fiscal Quarter.
Permitted Intercompany Transfers is the Transfer of cash by Borrower or any Subsidiary to Parent, after July 1, 2025, subject to the achievement of the FDA Approval Milestone, in the aggregate amount of up to Forty Million Dollars ($40,000,000.00) during the term of this Agreement. For the purposes of this clarification, such amount shall be in excess of the amounts to be Transferred pursuant the Intercompany License Agreement.