Unrestricted Cash Balances definition

Unrestricted Cash Balances means, as of any date, all cash and cash equivalents held by the Borrower and the Subsidiary Loan Parties on such date that are not (a) contractually committed to be spent, reserved for or applied to a specific purpose, (b) required to be maintained or kept available by the applicable Loan Party or (c) otherwise subject to contractual or other restrictions limiting the applicable Loan Party's ability to spend, transfer or otherwise apply such cash or cash equivalents.

Unrestricted Cash Balances means, at any time of determination, the aggregate amount of all cash deposits of the Domestic Credit Parties maintained in any demand deposit account maintained with the Collateral Agent in the United States, to the extent such cash deposits are subject to the Collateral Agent's first-priority perfected security interest and are free of any Lien or other encumbrance (other than (i) customary Liens arising in the ordinary course of business which the depository institution may have with respect to any right of offset against funds in such account, (ii) customary holds for uncollected deposits, and (iii) Liens granted to the Collateral Agent and securing the Obligations).

Unrestricted Cash Balances means, at any time of determination, the aggregate amount of all cash deposits of the Borrowers and the Guarantors maintained in any demand deposit or securities account maintained in the United States with the Agent or in a demand deposit or securities account subject to a Deposit Account Control Agreement or Securities Account Control Agreement, as applicable, to the extent such cash deposits are subject to the Agent's

Examples of Unrestricted Cash Balances in a sentence

Unrestricted Cash Balances measured on a fiscal quarter-end basis, of at least $500,000.
Mr. Dommer continued with “Cash Reserves and Cash Balances” regarding Emergency Reserve Fund, Operating Reserve Fund, Debt Service Reserve Fund, Bond Proceeds and Use of Unrestricted Cash Balances.
Make a Restricted Payment, other than a Permitted Investment, and other than (a) to pay dividends or make distributions of cash from Parent or any Subsidiary to any Credit Party, and (b) to repurchase shares or warrants issued by the Credit Parties, so long as immediately after such repurchase the sum of Excess Borrowing Base Availability plus Unrestricted Cash Balances shall not be less than $20,000,000.
The sum of the Excess Borrowing Availability and Unrestricted Cash Balances shall not be any time be less than (i) $94,000,000 from June 1, 2004 until payment of the Senior Notes that are due on September 1, 2004; and (ii) $45,000,000 from June 1, 2005 until the $15,000,000 payment required on the Senior Notes on August 1, 2005).
The Borrower shall not permit Unrestricted Cash Balances to be less than $26,500,000 at any time.

Unrestricted Cash Balances means, as of the date of any computation, the sum of the aggregate balances of cash and cash equivalents owned by the Borrower and the Guarantors reported on line (1) as "unrestricted cash balances" on the executed certificate delivered weekly by the Borrower to the Lenders pursuant to Section 6.4(h), but excluding in any event any cash or cash equivalent that is subject to any holdback, escrow, deposit, setoff, lien, pledge, security interest, encumbrance, limitation or restriction in favor of or imposed by any Person other than the Agent or any Lender for the benefit of all Lenders, other than ordinary bankers' liens and rights of setoff in favor of the Person maintaining the account where such cash or cash equivalents are maintained.

Unrestricted Cash Balances means, as of any date of determination, all of the cash on hand of the Debtors or Reorganized Debtors, as applicable, except restricted cash which includes, but not necessarily limited to, (a) certificates of deposit collateralizing certain liabilities, (b) segregated accounts for local taxing authorities, (c) deposits held by utility providers pursuant to the Final Order Determining Adequate Assurance of Payment for Future Utility Services, entered on December 17, 2009 [Docket No. 115], and (d) reserves for potential liabilities arising under or related to certain agreements with the City of Gary, Indiana, including the Development Agreement, dated as of March 26, 1996 (as amended or otherwise restated).

Unrestricted Cash Balances is added to Section 1.1 of the Credit Agreement as follows:

Unrestricted Cash Balances means, at any time of determination, the aggregate amount of all cash deposits of the Borrowers and the Guarantors maintained in any demand deposit account maintained in the United States with the Agent or in a Collateral Reserve Account or with an Approved Depository, to the extent such cash deposits are subject to the Agent's first-priority perfected security interest and are free of any Lien or other encumbrance (other than (i) customary Liens arising in the ordinary course of business which the depository institution may have with respect to any right of offset against funds in such account, (ii) customary holds for uncollected deposits, and (iii) Liens granted to the Agent and securing the Obligations).

Unrestricted Cash Balances has the meaning set forth in Schedule D-1 hereto.