Net Cash Proceeds. 13 Notes..................................................................... 14
Net Cash Proceeds. The Borrowers shall immediately prepay the Loans in accordance with clause (c) below upon receipt by any Borrower or any of its Subsidiaries of Net Cash Proceeds arising from:
Net Cash Proceeds. Borrower shall, on the 10th Business Day following the date of receipt of the Net Cash Proceeds from (i) the sale, lease, transfer or other disposition of any assets of Borrower or any of its Subsidiaries (other than (A) sales of inventory in the ordinary course of business, (B) sales of damaged, worn or obsolete equipment to the extent the proceeds thereof are intended to be used to purchase replacements for such equipment within 10 Business Days or sales of damaged, worn or obsolete equipment made after the purchase of replacements for such equipment, and (C) sales of assets, or a series of sales of related assets, which are sold for an amount, or an aggregate amount, less than $100,000, EXCEPT to the extent that the aggregate of all such sales in any fiscal year exceeds $500,000); (ii) the incurrence or issuance by Borrower or any of its Subsidiaries of any Debt (other than Debt described in Section 5.2(b)(i), (ii), and (iv) through (vii)); and (iii) the sale or issuance by Borrower or any of its Subsidiaries of any capital stock, any securities convertible into or exchangeable for capital stock or any warrants, rights or options to acquire capital stock (other than the sale or issuance of such stock upon the exercise by employees, directors, or consultants of Borrower and its Subsidiaries of stock options issued pursuant to Borrower's stock option plans), prepay an aggregate principal amount of the Advances equal to the amount of such Net Cash Proceeds; provided that, in each such case the amount prepaid hereunder shall be reduced to the extent that during such 10 Business Day period Borrower or its Subsidiaries have utilized or entered into a binding commitment to utilize such Net Cash Proceeds to effect a Capital Expenditure by Borrower or a Subsidiary of Borrower, or, in the case of a sale of securities, to redeem outstanding securities of Borrower or of any Subsidiary of Borrower. Each such prepayment under this Section 2.4(a) shall be applied in inverse order to the unpaid installments of the Advances.
Net Cash Proceeds. Deposit all of the Net Cash Proceeds received by the Borrower from and after the Effective Date from Asset Sales (other than Net Cash Proceeds required to be applied to prepay or repay the Facilities or the Debt outstanding under the Term Credit Agreement) in the Mafco Collateral Account.
Net Cash Proceeds. (a) in connection with any Disposition, the proceeds thereof in the form of cash and Cash Equivalents (including any such proceeds received by way of deferred payment of principal pursuant to a note or installment receivable or purchase price adjustment receivable or otherwise, but only as and when received) of such Disposition, net of (i) amounts required to be applied to the repayment of Indebtedness secured by a Lien expressly permitted hereunder on any asset that is the subject of such Disposition (other than any Lien pursuant to a Security Document), (ii) attorneys’ fees, accountants’ fees, investment bank fees and other reasonable and customary fees and expenses actually incurred in connection therewith and (iii) taxes paid or reasonably estimated to be payable as a result thereof (after taking into account any available tax credits or deductions and any tax sharing arrangements); and (b) in connection with any incurrence of Indebtedness for borrowed money, the cash proceeds received from such incurrence, net of attorneys’ fees, accountants’ fees, investment bank fees, underwriting discounts and commissions and other reasonable and customary fees and expenses actually incurred in connection therewith; provided, however, that, in each case, evidence of such costs and payments is provided to Agent in form and substance reasonably satisfactory to it. Non-Defaulting Lender: at any time, each Lender that is not a Defaulting Lender at such time.
Net Cash Proceeds. With respect to the incurrence by the Borrower, REIT or any of its Subsidiaries of any Unsecured Debt for borrowed money (other than the Obligations), the aggregate amount of cash received for such Unsecured Debt, net of reasonable and customary transaction costs properly attributable to such transaction and payable by the Borrower, REIT or such Subsidiary, as the case may be, to a non-Affiliate in connection with such issuance or incurrence (provided that legal fees and expenses that are part of such transaction costs may be estimated in good faith). Net Income (or Loss). With respect to any Person (or any asset of any Person) for any period, the net income (or loss) of such Person (or attributable to such asset), determined in accordance with GAAP. Net Offering Proceeds. The gross cash proceeds received by Parent Company or any of its Subsidiaries as a result of an Equity Offering less the customary and reasonable costs, expenses, fees, commissions and discounts paid by Parent Company or such Subsidiary in connection therewith.
Net Cash Proceeds. Promptly and in any event within one Business Day, notice to the Administrative Agent of receipt of Net Cash Proceeds in excess of $500,000.
Net Cash Proceeds. Direct payment of, or if such arrangements are not practicable, deposit within two Business Days of receipt thereof, all Net Cash Proceeds solely into the Collection Account.
Net Cash Proceeds. With respect to the incurrence by the Borrower, REIT or any of its Subsidiaries of any Unsecured Debt for borrowed money (other than the Obligations), the aggregate amount of cash received for such Unsecured Debt, net of reasonable and customary transaction costs properly attributable to such transaction and payable by the Borrower, REIT or such Subsidiary, as the case may be, to a non-Affiliate in connection with such issuance or incurrence (provided that legal fees and expenses that are part of such transaction costs may be estimated in good faith). Net Income (or Loss). With respect to any Person (or any asset of any Person) for any period, the net income (or loss) of such Person (or attributable to such asset), determined in accordance with GAAP. Net Offering Proceeds. The gross cash proceeds received by Parent Company or any of its Subsidiaries as a result of an Equity Offering less the customary and reasonable costs, expenses, fees, commissions and discounts paid by Parent Company or such Subsidiary in connection therewith. Net Operating Income. For any Real Estate and for a given period, an amount equal to the sum of (a) the rents, common area reimbursements, and service and other income for such Real Estate for such period received in the ordinary course of business from tenants or licensees paying rent, and termination fees received for such period of not greater than one percent (1.0%) of the aggregate Monthly Recurring Charges for such period (excluding pre-paid rents and revenues and security deposits except to the extent applied in satisfaction of tenants’ or licensees’ obligations for rent and any non-recurring fees, charges or amounts (excluding Set-up Fees) minus (b) all expenses paid or accrued and related to the ownership, operation or maintenance of such Real Estate for such period, including, but not limited to, taxes, assessments and the like, insurance, utilities, payroll costs, maintenance, repair and landscaping expenses, marketing expenses, and general and administrative expenses (including an appropriate allocation for legal, accounting, advertising, marketing and other expenses incurred in connection with such Real Estate, but specifically excluding general overhead expenses of Parent Company and its Subsidiaries, any property management fees and non-recurring charges), minus (c) the greater of (i) actual property management expenses of such Real Estate, or (ii) an amount equal to four percent (4.0%) of the gross revenues from su...
Net Cash Proceeds. With respect to any sale, transfer or other disposition by any Borrower or any Guarantor or any proceeds of a casualty, condemnation or eminent domain, the excess, if any, of (i) the sum of cash and cash equivalents received in connection with such transaction (including any cash or cash equivalents received by way of deferred payment pursuant to, or by monetization of, a note receivable or otherwise, but only as and when so received) over (ii) the sum of (A) reasonable and customary out-of-pocket expenses incurred by such Person in connection with such transaction (including, without limitation, appraisals, and brokerage, legal, title and recording or transfer tax expenses and commissions) paid by any Borrower or Guarantor to third parties (other than Affiliates)), plus (B) taxes actually paid in connection with any such sale or disposition and reserves for non-delinquent taxes in connection with the business sold for periods prior to such sale. With respect to the issuance of any Capital Stock by any Borrower or any Guarantor, the excess of (i) the sum of the cash and cash equivalents received in connection with such transaction (including any cash or cash equivalents received by way of deferred payment pursuant to, or by monetization of, a note receivable or otherwise, but only as and when so received) over (ii) the sum of (A) underwriting discounts and commissions, and other reasonable out-of-pocket expenses, incurred by the Borrowers and Guarantors in connection therewith, plus (B) the amount of any Indebtedness of any of the Borrowers and Guarantors that is repaid in connection with such transaction. Net Debt. Prior to the Paperchase Sale and solely with respect to Paperchase, at any time of calculation, the difference between the total Indebtedness of Paperchase then outstanding and the cash and cash equivalents of Paperchase at such time (but in no event less than zero).
