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Available Amount
Available Amount contract clause examples

Available Amount” means, at any time, an amount, not less than zero in the aggregate, determined on a cumulative basis equal to, without duplication: (a) the Retained Excess Cash Flow Amount as of such date; less (b) any prior usage of such Available Amount hereunder pursuant to Section 9.3(u).

Available Amount” means, as of any date of determination, an amount equal to (I) during the Covenant Relief Period, $0 plus the amount of Restricted Payments made pursuant to Section 8.07(g) in an amount not to exceed the Specified Restricted Payment Amount in reliance on clause (y) of the proviso to the first paragraph of Section 8.07, (II) after the Covenant Relief Period, if the Rent-Adjusted Total Net Leverage Ratio is greater than 6.00 to 1.00 calculated on a Pro Forma Basis as of the end of the most recently ended Test Period, the Specified Restricted Payment Amount less the amount (if any) of Restricted Payments made pursuant to clause (I) above and (III) after the Covenant Relief Period, if the Rent-Adjusted Total Net Leverage Ratio is equal to or less than 6.00 to 1.00 calculated on a Pro Forma Basis as of the end of the most recently ended Test Period, the sum, without duplication, of (A) $2,500,000,000 less the amount (if any) of Restricted Payments made pursuant to clause (I) above and less the amount Restricted Payments, Investments and voluntary prepayments, redemptions, purchases, defeasances or other satisfaction of any Prepayment Restricted Indebtedness pursuant to clause (II) above plus (B) Cumulative Net Income plus (C) the amount of dividends, distributions, interest payments, returns of capital, repayments and returns of payment (including, for the avoidance of doubt, proceeds from sales of Investments financed using the Available Amount pursuant to Section 8.06(k), but excluding any such amounts included in the calculation of Borrower Group EBITDA), actually received in cash by the Borrower Group from and after the Closing Date and prior to such date of determination from any Person which is not included in the Borrower Group plus (D) the net cash proceeds of any issuance by the Company of common Equity Interests or other Qualified Equity Interests after the Closing Date and prior to such date of determination plus (E) the aggregate principal amount of any Indebtedness or Disqualified Equity Interests, in each case, of the Company and/or any Restricted Subsidiary issued after the Closing Date (other than Indebtedness or such Disqualified Equity Interests issued to the Company or a Restricted Subsidiary), which has been converted into or exchanged for Equity Interests of the Company, and/or any Restricted Subsidiary that does not constitute Disqualified Equity Interests plus (F) upon the Revocation of a Subsidiary that was Designated as an Unrestricted Subsidiary, the aggregate amount of any Investment in such Subsidiary that was made pursuant to Section 8.06 at the time of such Revocation plus (G) an amount equal to any returns (including dividends, interest, distributions, returns of principal, profits on sale, repayments, income and similar amounts) actually received by the Borrower Group in respect of any Investments made pursuant to Section 8.06(k) from and after the Closing Date and prior to such time (to the extent not included in the calculation of Borrower Group EBITDA) plus (H) 100% of the aggregate amount received by the Borrower Group in cash (and the fair market value (as determined in good faith by the Company) of property other than cash received by the Borrower Group) from and after the Closing Date (in each case, to the extent not included in the calculation of Borrower Group EBITDA) from (i) the sale or other disposition (other than to the Company or a Restricted Subsidiary) of Investments made pursuant to Section 8.06(m) or (ff) by the Company or any Restricted Subsidiary and from repurchases and redemptions by any Person (other than the Company or a Restricted Subsidiary) and from repayments of loans or advances or other transfers of assets (including by way of dividends, interest, distributions, return of principal, repayments, income and similar amounts), and releases of guarantees, which constituted Investments made pursuant to Section 8.06(m) or (ff) (to the extent such amount is not otherwise used pursuant to an exception in Section 8.06), (ii) the sale (other than to the Company or any Restricted Subsidiary) of the Equity Interests of an Unrestricted Subsidiary or (iii) any dividend or other distribution by an Unrestricted Subsidiary. The Available Amount will be decreased by any amounts thereof (i) used to make Investments pursuant to Section 8.06(k) since the Closing Date, (ii) used to prepay, redeem,

Available Amount” means, at any time, the sum of (a) $50 million plus (b) 95%

Available Amount” means, initially, Twenty Million Dollars ($20,000,000) in the aggregate, which amount shall be reduced by the Purchase Amount each time the Investor purchases Purchase Shares pursuant to Section 2 hereof.

Available Amount” means, initially, Fifteen Million Dollars ($15,000,000) in the aggregate, which amount shall be reduced by the Purchase Amount each time the Investor purchases shares of Common Stock pursuant to Section 2 hereof.

Available Amount” means, on any date of determination (the “Reference Date”), an amount (which shall not be less than zero) determined on a cumulative basis equal to the sum of (without duplication): an amount equal to

Available Amount” means, on any date of determination, the sum of:

Available Amount” means the sum of (a) the aggregate net cash proceeds received by the Borrower after the Closing Date from Equity Issuances, minus (b) the aggregate amount of Investments made by the Borrower or its Subsidiaries after the Closing Date pursuant to Sections 7.03(c)(iv) and 7.03(i), minus (c) the aggregate amount of Restricted Payments made by the Borrower or its Subsidiaries after the Closing Date pursuant to Section 7.06(h) , minus (d) the aggregate amount of payments made by the Borrower or its Subsidiaries in respect of Indebtedness made after the Closing Date pursuant to Section 7.15(c).

Available Amount” shall mean, on any date, an amount not less than zero, equal to:

Available Amount” means, at any time (the “Reference Date”), the sum of:

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