Qualified Cash and Cash Equivalents means, as of any date of determination, the unrestricted cash and Cash Equivalents held by Holdings and its Restricted Subsidiaries as reflected on a consolidated balance sheet of Holdings as of such date excluding (i) the cash and Cash Equivalents of any Restricted Subsidiary that is not the Company or a Guarantor to the extent such Restricted Subsidiary would be prohibited on such date from distributing such cash to the Company or a Guarantor and (ii) the proceeds of any Indebtedness incurred substantially concurrently with the applicable determination of the Total Net Leverage Ratio or the Consolidated Senior Secured Leverage Ratio, as applicable.
Qualified Cash and Cash Equivalents means, as of any date of determination, the aggregate amount of Unrestricted cash and Cash Equivalents held by the Borrower and its Subsidiaries in deposit accounts or securities accounts located within the United States and covered by a control agreement in favor of the Administrative Agent. For purposes hereof, “Unrestricted” means, when referring to cash and Cash Equivalents of the Borrower and its Subsidiaries, that such cash and Cash Equivalents (a) do not appear or would not be required to appear as “restricted” on the financial statements of the Borrower or any such Subsidiary (unless related to the Loan Documents or the Liens created thereunder) or (b) are not subject to a Lien (other than Liens permitted under Section 9.2(a) or (k)).
Qualified Cash and Cash Equivalents means, as of any date of determination, the aggregate amount of Unrestricted cash and Cash Equivalents held by the Borrower and its Subsidiaries in deposit accounts or securities accounts located within the United States and covered by a control agreement in favor of the Administrative Agent. For purposes hereof, “Unrestricted” means, when referring to cash and Cash Equivalents of the Borrower and its Subsidiaries, that such cash and Cash Equivalents (a) do not appear or would not be required to appear as “restricted” on the financial statements of the Borrower or any such Subsidiary (unless related to the Loan Documents or the Liens created thereunder) or (b) are not subject to a Lien (other than Liens permitted under Section 9.2(a) or (k)). “Qualified Equity Interests” means any Equity Interests that are not Disqualified Equity Interests. “Qualified Unsecured Debt Issuance” means the issuance of unsecured debt securities (whether convertible or non-convertible) by the Borrower pursuant to Section 9.1(r) in an outstanding principal or accreted amount of $150,000,000 or more, on customary market terms (as determined in good faith by the Borrower). “Recipient” means
Examples of Qualified Cash and Cash Equivalents in a sentence
Thereafter, in the event that the sum of (i) Excess Availability plus (ii) the then existing amount of Qualified Cash and Cash Equivalents is less than or equal to $8,000,000 at any time during any Fiscal year, the Borrowers shall not thereafter during such Fiscal year incur Capital Expenditures in excess of the maximum amount so established by the Lender based upon the Business Plan.
The Borrowers shall pay to the Lender a Collateral Monitoring Fee in the amount of $1,500.00 per month on the first day of each calendar month until all Liabilities have been irrevocably paid in full; provided, however, that the Collateral Monitoring Fee for a particular month shall be waived in the event that the sum of (i) Excess Availability plus (ii) the then existing amount of Qualified Cash and Cash Equivalents exceeds $10,000,000.00 at all times during the preceding calendar month.
More Definitions of Qualified Cash and Cash Equivalents
Qualified Cash and Cash Equivalents. Each of the following:
Qualified Cash and Cash Equivalents means, as of any date of determination, the aggregate amount of Unrestricted cash and Cash Equivalents held by the Borrower and its Subsidiaries. For purposes hereof, “Unrestricted” means, when referring to cash and Cash Equivalents of the Borrower and its Subsidiaries, that such cash and Cash Equivalents (a) do not appear or would not be required to appear as “restricted” on the financial statements of the Borrower or any such Subsidiary (unless related to the Loan Documents or the Liens created thereunder) or (b) are not subject to a Lien (other than Liens permitted under Section 9.2(a) or (k)).
Qualified Cash and Cash Equivalents means, as of any date of determination, the aggregate amount of Unrestricted cash and Cash Equivalents held by the Company and its Restricted Subsidiaries in (a) deposit accounts or securities accounts located within the United States and maintained with an ABL Lender under, or otherwise covered by a control agreement pursuant to, the ABL Facility and that can be accessed within thirty (30) days and (b) deposit accounts or securities accounts located outside the United States that can be accessed within thirty (30) days (net of potential tax obligations for repatriation and transaction costs and expenses related thereto), in each case, as determined by a Responsible Officer of the Company in good faith. For purposes hereof, “Unrestricted” means, when referring to cash and Cash Equivalents of the Company and its Restricted Subsidiaries, that such cash and Cash Equivalents (i) do not appear or would not be required to appear as “restricted” on the financial statements of the Company or any such Restricted Subsidiary (unless related to the ABL Credit Agreement, the Loan Documents or the Liens created thereunder) or (ii) are not subject to a Lien (other than Liens permitted under Section 7.2(a), (b) or (n)) in favor of any Person other than the Administrative Agent under the Loan Documents.
Qualified Cash and Cash Equivalents means, as of any date of determination, the unrestricted cash andCash Equivalents held by Holdings and its Subsidiaries as reflected on a consolidated balance sheet of Holdings asof such date excluding (i) the cash and Cash Equivalents of any Subsidiary that is not a Loan Party to the extent suchSubsidiary would be prohibited on such date from distributing such cash to a Loan Party and (ii) the proceeds of anyIncremental Facility or any other Indebtedness incurred substantially concurrently with the applicable determinationof the Total Net Leverage Ratio, the Consolidated First Lien Leverage Ratio or the Consolidated Senior SecuredLeverage Ratio, as applicable.“Real Property ” means all right, title and interest of Holdings or any of its respective Domestic Subsidiariesin and to a parcel of real property owned, leased or operated (including, without limitation, any leasehold estate) byany Loan Party or any of its respective Domestic Subsidiaries together with, in each case, all improvements andappurtenant fixtures, equipment, personal property, easements and other property and rights incidental to theownership, lease or operation thereof.“Recipient ” means (a) the Administrative Agent, (b) any Lender and (c) any Issuing Bank, as applicable.“Refinancing Amendment ” shall mean an amendment to this Agreement executed by each of (a) theBorrower, (b) the Administrative Agent and (c) each Additional Refinancing Lender thereunder.“Refinancing Revolving Commitments ” shall mean one or more Classes of revolving credit commitmentshereunder that result from a Refinancing Amendment.“Refinancing Revolving Loans ” shall mean one or more revolving loans hereunder that result from aRefinancing Amendment.-38-141683210_5 163765871_7 22-31184-1 C1.1 P60
Qualified Cash and Cash Equivalents means, as to any Person, as of any date of determination, the aggregate amount of Unrestricted cash and Cash Equivalents held by such Person and its Subsidiaries in domestic deposit accounts or securities accounts maintained with the Lender under, or otherwise covered by a control agreement pursuant to, this Agreement. For purposes hereof, "Unrestricted" means, when referring to cash and Cash Equivalents of any Person, that such cash and Cash Equivalents (a) do not appear, or would not be required to appear, as "restricted" on the financial statements of such Person and its Subsidiaries (unless related to the Loan Documents or the Liens created thereunder), (b) are not subject to a Lien in favor of any Person other than the Lender under the Loan Documents or (c) are not otherwise unavailable to such Person or its Subsidiaries.
Qualified Cash and Cash Equivalents means, as to the Loan Parties, as of any date of determination, the aggregate amount of Unrestricted cash and Cash Equivalents held by the Loan Parties (a) in domestic deposit accounts or securities accounts maintained with the Administrative Agent under, or otherwise covered by a Control Agreement pursuant to, this Agreement and (b) in escrow or similar designated accounts resulting from debt or equity financing transactions intended for the purpose of satisfying the then outstanding Convertible Senior Notes. For purposes hereof, “Unrestricted” means, when referring to cash and Cash Equivalents of any Loan Party, that such cash and Cash Equivalents (a) do not appear, or would not be required to appear, as “restricted” on the financial statements of such Loan Party (unless related to the Loan Documents or the Liens created thereunder), (b) are not subject to a Lien in favor of any Person other than the Administrative Agent under the Loan Documents or (c) are not otherwise unavailable to such Loan Party.
Qualified Cash and Cash Equivalents means, as to any Person, as of any date of determination, the aggregate amount of Unrestricted cash and Cash Equivalents held by such Person and its Subsidiaries in domestic deposit accounts or securities accounts. For purposes hereof, “Unrestricted” means, when referring to cash and Cash Equivalents of any Person, that such cash and Cash Equivalents (a) do not appear, or would not be required to appear, as “restricted” on the financial statements of such Person and its Subsidiaries (unless related to the Loan Documents or the Liens created thereunder), (b) are not subject to a Lien in favor of any Person other than (i) Liens in favor of the Administrative Agent under the Loan Documents (if any) or (ii) Liens of the type referred to in Section 9.2(k), or (c) are not otherwise unavailable to such Person or its Subsidiaries.