Unrestricted Domestic Cash means, as of any date, domestic unrestricted cash and domestic unrestricted Permitted Investments of the Borrower and its Domestic Subsidiaries as of such date.
Unrestricted Domestic Cash means, as of any date of determination, that portion of the Borrower’s and its Domestic Subsidiaries’ aggregate cash and Cash Equivalents that is (i) on deposit with one or more financial institutions in the United States of America and (ii) not encumbered by or subject to any Lien, setoff, counterclaim, recoupment, defense or any restriction on the use thereof to pay Indebtedness and other liabilities of the Borrower and its Domestic Subsidiaries (including, without limitation, any Lien permitted hereunder other than non-consensual Liens constituting Permitted Encumbrances as provided in clause (h) of the definition thereof).
Unrestricted Domestic Cash domestic cash at a U.S. bank or a U.S. branch or agency of a foreign bank or domestic Cash Equivalents, in each case, held by the Company or any Subsidiary Guarantor, which is freely transferable and not subject to a Lien (other than a Lien permitted pursuant to Section 6.3(m)), pledge, security interest, encumbrance, escrow or cash collateral arrangement or other restriction on its use.
Examples of Unrestricted Domestic Cash in a sentence
Permit at any time the aggregate amount of Unrestricted Domestic Cash and Cash Equivalents and the undrawn and available portion of the Revolving Commitments to equal less than $20,000,000.
The Borrower will not permit Unrestricted Domestic Cash to be less than $25,000,000 on any date prior to September 30, 2005 or to be less than $50,000,000 on any date on or after September 30, 2005.
Unrestricted Domestic Cash.......................................
The Borrowers shall at all times maintain Unrestricted Domestic Cash and Cash Equivalents in an amount greater than or equal to Thirty-Five Million and 00/100 Dollars ($35,000,000.00).
Notwithstanding anything to the contrary herein, with respect to determining the permissibility of the incurrence of any Indebtedness, the proceeds thereof shall be not counted as Unrestricted Domestic Cash for purposes of clause (a)(y) of the definition of Consolidated Leverage Ratio.
More Definitions of Unrestricted Domestic Cash
Unrestricted Domestic Cash means, at any time of determination, the sum of (i) the aggregate amount of all cash deposits of the Credit Parties maintained in any demand deposit account maintained in the United States, and (ii) the aggregate monetary value of all money market funds of the Credit Parties maintained in any account of a securities intermediary, to the extent such cash deposits and money market funds are free of any Lien or other encumbrance (other than (x) 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, (y) customary holds for uncollected deposits, and (z) Liens granted to the Agent and securing the Obligations).
Unrestricted Domestic Cash means, at any time, the positive excess, if any, of (a) 100% of the cash of the Company and its Restricted Subsidiaries maintained in accounts located in the United States that is not subject to any Lien (other than Liens permitted pursuant to Section 7.01(a) or 7.01(j)) or any restriction as to its use and would not appear as “restricted” on a consolidated balance sheet of the Company and its Restricted Subsidiaries (but in any event not including amounts held as Cash Collateral) over (b) $10,000,000.
Unrestricted Domestic Cash means, on any date of determination, the amount of unrestricted cash and Cash Equivalents of the Borrowers in a deposit account in the United States and subject to a Cash Management Controlled Account in favor of Collateral Agent.
Unrestricted Domestic Cash means Unrestricted Cash maintained in an account located in the United States.
Unrestricted Domestic Cash means unrestricted cash and cash equivalents owned by the Borrower and each other Loan Party and not controlled by or subject to any Lien in favor of any creditor (other than Liens created under the Loan Documents and Liens constituting Permitted Liens of the type referred to in clause (xi) of the definition of such term).
Unrestricted Domestic Cash means, as of any date of determination, that portion of the Borrower’s and its Domestic Subsidiaries’ aggregate cash and Cash Equivalents that is (i) on deposit with one or more financial institutions in the United States of America and (ii) not encumbered by or subject to any Lien, setoff, counterclaim, recoupment, defense or any restriction on the use thereof to pay Indebtedness and other liabilities of the Borrower and its Domestic Subsidiaries (including, without limitation, any Lien permitted hereunder other than Liens in favor of the Administrative Agent to secure the Secured Obligations and non-consensual Liens constituting Permitted Encumbrances as provided in clause (h) of the definition thereof).
Unrestricted Domestic Cash means, as of any date of determination, the aggregate amount of cash and cash equivalents of the Loan Parties as of such date, not to exceed fifty percent (50%) of Consolidated EBITDA for the period of the four prior fiscal quarters most recently ended on or prior to such date of determination, that (a) does not appear (or would be not be required to appear) as “restricted” on a consolidated balance sheet of the US Borrower and its Subsidiaries (unless such restriction is related to the Loan Documents or Liens created thereunder) as determined in accordance with GAAP, (b) is not subject to any Lien in favor of any Person other than the Administrative Agent for the benefit of the holders of the Obligations (but excluding amounts serving as cash collateral for Letters of Credit or Canadian Letters of Credit), (c) in the case of cash and cash equivalents of the US Loan Parties, are held in bank accounts or securities accounts located in the United States and (d) in the case of cash and cash equivalents of the Canadian Loan Parties, (i) are denominated in Dollars or Canadian Dollars and (ii) can be repatriated, without adverse tax consequences, to the United States.