Specified Equity Contributions definition

Specified Equity Contributions has the meaning provided in Section 7.12.
Specified Equity Contributions means cash made available to the Borrower in the form of (a) common equity, (b) preferred equity that does not require or permit any cash payments and is not redeemable prior to the date that is one year and one day (or, if later, any applicable preference period plus one day) following the repayment of the Loan hereunder and has subordination terms and conditions reasonably satisfactory to the Required Lenders or (c) Permitted Subordinated Debt, but in each case solely to the extent contributed (in the case of clauses (a) and (b) above) or paid (in the case of clause (c) above) to the Borrower within five Business Days after any breach of Section 6.11 of the Senior Term Loan Agreement.
Specified Equity Contributions means cash made available to the Borrower in the form of (a) common equity, (b) preferred equity that does not require or permit any cash payments and is not redeemable prior to the date that is one year and one day (or, if later, any applicable preference period plus one day) following the repayment of the Loan hereunder and has subordination terms and conditions reasonably satisfactory to the Required Lenders or (c) Permitted Subordinated Debt, but in each case solely to the extent contributed (in the case of clauses (a) and (b) above) or paid (in the case of clause (c) above) to the Borrower in the circumstances contemplated by clause (s) of Article VII of the Senior Term Loan Agreement not later than the earlier to occur of (i) the fifth Business Day following the date on which dividends are paid by the Company and (ii) one Business Day prior to the applicable Payment Date under the Senior Term Loan Agreement.

Examples of Specified Equity Contributions in a sentence

  • For the avoidance of doubt, all Specified Equity Contributions shall be disregarded for all other purposes of this Agreement.

  • Notwithstanding anything to the contrary contained herein, (a) Specified Equity Contributions shall not be permitted more than two (2) times during any period of six consecutive calendar months and (b) there shall not be more than ten (10) Specified Equity Contributions for all periods prior to the Maturity Date.

  • Immediately upon receipt by any Credit Party or any Subsidiary of any Credit Party of the Net Issuance Proceeds of Specified Equity Contributions or the incurrence of Indebtedness (other than Net Issuance Proceeds from the incurrence of Indebtedness permitted hereunder), the Borrower shall deliver, or cause to be delivered, to Agent an amount equal to such Specified Equity Contributions or Net Issuance Proceeds, in each instance, for application to the Loans in accordance with Section 1.8(g).

  • Notwithstanding the foregoing, no single Specified Equity Contribution shall exceed $1,000,000 and the Specified Equity Contributions shall not exceed $2,500,000 in the aggregate during the term of this Agreement.

  • Any Specified Equity Contributions made to fund Capital Expenditure pursuant to Section 7.8(ii)(A) above shall not count as Specified Equity Contributions (or equity contributions of any other type) for any other purpose (including any baskets, growers or other thresholds) under this Agreement.

  • Specified Equity Contributions shall be counted solely for purposes of compliance with Section 6.15.2, as applicable and shall be disregarded for all other purposes including (A) whether or not Holdings or the Borrowers are in pro forma compliance with financial covenant to determine whether or not an action that is conditioned upon such pro forma compliance may be taken by Holdings or any of its Subsidiaries or (B) for any other purpose under this Agreement.

  • EVENTS OF DEFAULT Section 7.01 Events of Default 119 Section 7.02 Remedies 122 Section 7.03 Remedies Waterfall 123 Section 7.04 Specified Equity Contributions 123 ARTICLE VIII.

  • Notwithstanding anything herein to the contrary, (i) in each four-Fiscal Quarter period there shall be at least two Fiscal Quarters in which no Cure Right is exercised, (ii) no more than four Specified Equity Contributions may be made after the Effective Date and (iii) with respect to this Agreement, the amount of any Specified Equity Contribution shall be no greater than the minimum amount required to cause Company to be in compliance with the Financial Covenant.

  • Notwithstanding anything herein to the contrary, (i) in each four-Fiscal Quarter period there shall be at least two Fiscal Quarters in which no Cure Right is exercised, (ii) no more than four Specified Equity Contributions may be made after the Amendment No. 3 Effective Date and (iii) with respect to this Agreement, the amount of any Specified Equity Contribution shall be no greater than the minimum amount required to cause Company to be in compliance with the Financial Covenant.

  • The consent of only the Lenders holding more than 50% of the commitments and loans under the Revolving Facilities, the Term A Facilities and the Short Term Facility shall be necessary to amend or waive the terms of (A) the Financial Covenant, (B) any Events of Default with respect to the failure to comply with the Financial Covenant, (C) provisions relating to any Specified Equity Contributions and (D) any definitions and related provisions solely as they relate to the foregoing clauses (A)-(C).


More Definitions of Specified Equity Contributions

Specified Equity Contributions means, with respect to any ------------------------------ Investment, Restricted Payment or Acquisition, the sum of any cash amounts invested (a) in Holdco and contributed to the Borrower or (b) in any Joint Venture Subsidiary by any Person other than the Borrower or any of its Subsidiaries, in either case in the form of an equity contribution or issuance, for the sole purpose of financing such Investment, Restricted Payment or Acquisition and to the extent not used for any other purpose."
Specified Equity Contributions means, with respect to any Investment, Restricted Payment or Acquisition, the sum of (a) the amount of Closing Equity on deposit in the Equity Collateral Account, plus (b) any additional cash amounts invested in Holdco and contributed to the Borrower in the form of an equity contribution for the sole purpose of financing such Investment, Restricted Payment or Acquisition, and in each case to the extent not used for any other purpose.
Specified Equity Contributions means the Cash Equivalents or other assets (valued at their fair market value) received by Parent after the Note Issuance Date from (i) contributions to its common equity capital, and (ii) the sale (other than to a Subsidiary of Parent) of Equity Interests (other than Disqualified Capital Stock) of Parent, in each case, designated as Specified Equity Contributions pursuant to an Officers’ Certificate on or promptly after the date such capital contributions are made or the date such Equity Interests are sold, as the case may be.
Specified Equity Contributions means any cash Investment (which Investment shall be in Qualified Equity Interests) made by one or more of the Investors to the Borrower after the Closing Date and on or prior to the date that is 10 days after the date on which financial statements are required to be delivered pursuant to Section 6.01(a)(i) for a fiscal year or Section 6.01(b)(i) for a fiscal quarter, as applicable.
Specified Equity Contributions means cash made available to the Borrower in the form of (a) common equity, (b) preferred equity that does not require or permit any cash payments and is not redeemable prior one year and one day (or, if later, any applicable preference period plus one day) following the repayment of all Loans hereunder and has subordination terms and conditions reasonably satisfactory to the Required Lenders or (c) Permitted Subordinated Debt, but in each case solely to the extent contributed (in the case of clauses (a) and (b) above) or paid (in the case of clause (c) above) to the Borrower in the circumstances contemplated by clause (s) of Article VII not later than the earlier to occur of (i) the fifth Business Days following the date on which dividends are paid by the Company and (ii) one Business Day prior to the applicable Payment Date.

Related to Specified Equity Contributions

  • Qualified Equity Interests means any Equity Interests that are not Disqualified Equity Interests.

  • Disqualified Equity Interest means, with respect to any Person, any Equity Interest in such Person that by its terms (or by the terms of any security into which it is convertible or for which it is exchangeable, either mandatorily or at the option of the holder thereof), or upon the happening of any event or condition:

  • Prior Period Investments means investments made in a previous evaluation period that are outstanding as of the examination date.

  • Qualifying Equity Interests means Equity Interests of the Company other than Disqualified Stock.

  • Fair Share Contribution Amount means, with respect to a Contributing Guarantor as of any date of determination, the maximum aggregate amount of the obligations of such Contributing Guarantor under this Guaranty that would not render its obligations hereunder or thereunder subject to avoidance as a fraudulent transfer or conveyance under Section 548 of Title 11 of the United States Code or any comparable applicable provisions of state law; provided, solely for purposes of calculating the “Fair Share Contribution Amount” with respect to any Contributing Guarantor for purposes of this Section 7.2, any assets or liabilities of such Contributing Guarantor arising by virtue of any rights to subrogation, reimbursement or indemnification or any rights to or obligations of contribution hereunder shall not be considered as assets or liabilities of such Contributing Guarantor. “Aggregate Payments” means, with respect to a Contributing Guarantor as of any date of determination, an amount equal to (1) the aggregate amount of all payments and distributions made on or before such date by such Contributing Guarantor in respect of this Guaranty (including in respect of this Section 7.2), minus (2) the aggregate amount of all payments received on or before such date by such Contributing Guarantor from the other Contributing Guarantors as contributions under this Section 7.2. The amounts payable as contributions hereunder shall be determined as of the date on which the related payment or distribution is made by the applicable Funding Guarantor. The allocation among Contributing Guarantors of their obligations as set forth in this Section 7.2 shall not be construed in any way to limit the liability of any Contributing Guarantor hereunder. Each Guarantor is a third party beneficiary to the contribution agreement set forth in this Section 7.2.