Qualifying Cash means, with respect to any Project or Permitted Minority Investment Project, Cash (other than Internally Generated Cash) distributed by the relevant Restricted Operating Company Subsidiary or Permitted Minority Investment Company to a Credit Party (or, for purposes of calculating Borrower Cash Flow from non-U.S. and non-Canada Restricted Operating Company Subsidiaries (or non-U.S. and non-Canada Permitted Minority Investment Companies), permitted and available for distribution as provided in the definition of Available Cash) during the Ramp-up Phase for such Project or Permitted Minority Investment Project that is not excluded pursuant to clauses (a) through (h) of the final sentence of the definition of Available Cash and that does not exceed $5,000,000 in the aggregate in respect of such Project or Permitted Minority Investment Project.
Qualifying Cash means unrestricted cash and Cash Equivalents in an amount of up to fifty percent (50%) of Consolidated Adjusted EBITDA for the immediately preceding four Fiscal Quarter period, which cash and Cash Equivalents are held by any Borrower or their domestic Subsidiaries in a deposit account or securities account maintained in the United States with a commercial bank that is organized under the Laws of the United States of America, any state thereof or the District of Columbia or is the principal banking subsidiary of a bank holding company organized under the Laws of the United States of America, any state thereof or the District of Columbia, and is a member of the Federal Reserve System and not subject to a Lien in favor of any Person other than the Administrative Agent.
Qualifying Cash means, with respect to any Project, Cash (other than Internally Generated Cash) distributed by the relevant Restricted Operating Company Subsidiary to a Credit Party (or, for purposes of calculating Borrower Cash Flow from non-U.S. and non-Canada Restricted Operating Company Subsidiaries, permitted and available for distribution as provided in the definition of Available Cash) during the Ramp-up Phase for such Project that is not excluded pursuant to clauses (a) through (h) of the final sentence of the definition of Available Cash and that does not exceed $5,000,000 in the aggregate in respect of such Project.
Examples of Qualifying Cash in a sentence
The Owner Lessor shall be under no obligation to accept any Qualifying Cash Bid.
For purposes of determining Available Cash solely for the calculation of the ratios set forth in this Section 6.6, distributions of Available Cash (other than Qualifying Cash) in respect of such Project or business made during the Ramp-up Phase of such Project or business shall be annualized by the amount of any such distributions multiplied by a fraction, the numerator of which is twelve (12) and the denominator of which is the number of months from and including the beginning of such Ramp-up Phase.
If the Facility Lessee makes a Qualifying Cash Bid and the Owner Lessor accepts such offer (which acceptance shall be deemed to have occurred unless the Owner Lessor rejects such offer in writing prior to the expiration date of such offer), the Facility Lessee shall pay the Owner Lessor on the Termination Date (a) the amount of such Qualifying Cash Bid plus (b) all amounts due and payable under Section 13.3 (but shall have no obligation to pay Termination Value).
If the Owner Lessor receives any Qualifying Cash Bids, the Owner Lessor shall be deemed to have accepted the highest such bid received by 10 Business Days prior to the Burdensome Termination Date unless the Owner Lessor rejects such bid and elects to retain the Owner Lessor's Leasehold Interest in writing prior to the earlier of (x) the expiration date of such bid and (y) the date at least 45 days prior to the Burdensome Termination Date.
If the Lessor has elected to sell the Undivided Interest, the Lessee shall then have a right of first refusal (pursuant to the terms and conditions set forth in Section 7.6 of the Participation Agreement, mutatis mutandis) with respect to any Qualifying Cash Bid that the Lessor intends to accept.
More Definitions of Qualifying Cash
Qualifying Cash means cash and Cash Equivalents in an amount of up to twenty-five percent (25%) of Consolidated Adjusted EBITDA for the immediately preceding four Fiscal Quarter period, which cash and Cash Equivalents are held by any Borrower or their domestic Subsidiaries in a deposit account or securities account maintained in the United States with a commercial bank that is organized under the Laws of the United States of America, any state thereof or the District of Columbia or is the principal banking subsidiary of a bank holding company organized under the Laws of the United States of America, any state thereof or the District of Columbia, and is a member of the Federal Reserve System and not subject to a Lien in favor of any Person other than the Administrative Agent.
Qualifying Cash means Restricted Pledged Cash of Pivotal US or unrestricted cash of Pivotal US, in each case, which shall not directly or indirectly be funded from Loans or other extensions of credit by Silicon, and which at all times shall be subject to Silicon's first-priority perfected security interest but not encumbered by any other lien. As used herein, the term "Supplemental Required Deposit Amount" means, as of any date of determination, an amount equal to: (i) until such time (if ever) that Silicon receives all items required under clauses (a) and (c) of --- Section 8(7) of this Schedule, $550,000; and (b) thereafter, $-0-. Borrower hereby acknowledges that, as of the date of this Amendment, Silicon has not received all items required under clauses (a) and (c) of Section 8(7) of this Schedule, and that, accordingly, the Supplemental Required Deposit Amount is $550,000 as of the date of this Amendment.
Qualifying Cash means, on any date on which there are (i) no outstanding Securitization Obligations of Holdings or any Subsidiary in respect of Receivables Securitization Transactions and (ii) no outstanding Revolving Loans (other than Canadian Revolving Loans), the aggregate amount of cash of the Loan Parties on deposit on such date in one or more deposit accounts maintained with the U.S. Collateral Agent or any Lender in respect of which a control agreement in favor of the U.S. Collateral Agent or such Lender, for the benefit of the Secured Parties, is in effect.
Qualifying Cash means all cash on hand as of the Closing Date, except cash generated after July 31, 1997 from the sale of assets (other than the marketable securities listed on Schedule 2 and assets sold in the ordinary course of business and in accordance with past practice).
Qualifying Cash means Restricted Pledged Cash of Pivotal US or unrestricted cash of Pivotal US, in each case, which shall not directly or indirectly be funded from Loans or other extensions of credit by Silicon, and which at all times shall be subject to Silicon’s first-priority perfected security interest but not encumbered by any other lien. As used herein, the term “Supplemental Required Deposit Amount” means, as of any date of determination, an amount equal to: (i) until such time (if ever) that Silicon receives all items required under clauses (a) and (b) of Section 8(7) of this Schedule, $1,000,000; and (b) thereafter, $–0–. Maximum Quarterly Net Loss Borrower shall not cause, suffer, or permit its net loss (and, in the case of the fiscal quarter ending December 31, 2002, the portion of such net loss attributable to negative EBITDA), measured on a fiscal quarter-end basis, to exceed the amount set forth in the following table for the applicable period set forth opposite thereto: Maximum Quarterly Net Loss Fiscal Quarter Ending $17,000,000, and of which net loss negative EBITDA may not account for more than $7,000,000 December 31, 0000 Xxxxxxx Xxxxxx Xxxx Schedule to Loan and Security Agreement $5,000,000 March 31, 2003 $4,000,000 June 30, 2003 $3,000,000 September 30, 2003 Special Provisions Relating to Violations: (1) Solely with respect to the first violation (if ever) of the Maximum Quarterly Net Loss financial covenant set forth above occurring after the date of this Agreement, such violation (the “ABL Provisions Trigger”) shall constitute an Event of Default that is immediately and automatically waived, but shall trigger the applicability of the provisions herein and in the other Loan Documents that specifically are identified as an ABL Provision (collectively, the “ABL Provisions”); it being acknowledged and agreed that the ABL Provisions shall remain in effect unless and until either (a) Silicon in its sole discretion waives the applicability thereof or (b) a Net Loss CSL Provisions Trigger occurs (and thereupon the CSL Provisions shall be in effect in lieu of the ABL Provisions).
Qualifying Cash means the sum of balances of the Principal Account and the Collection Account (excluding the Additional Purchase Price and any amounts to be transferred to the Security Account or the Reserve Account on or about such Additional Purchase Date, irrespective of whether the transfer of such amount has been completed at the time of the determination);
Qualifying Cash means the sum of (1) aggregate cash payments received during the 2018 Period and (2) aggregate cash payments received after December 31, 2018 and on or before the date that is ninety (90) days thereafter under any invoices that are issued during the 2018 Period, in either case, by Acquirer, the Surviving Corporation or any Affiliate thereof (including any Subsidiary of the Surviving Corporation) arising from, or with respect to, the Mexico Supply Arrangement.