Excess Cash Flow

Excess Cash Flow. Provided that, if the Globalstar Receivables Sale occurs, any cash received in connection with the Globalstar Receivables Sale, any charges or write-offs associated with the Globalstar Receivables or any gains resulting from the Globalstar Receivables Sale in each case that are recorded or taken after October 1, 2000, shall be disregarded for the purpose of calculating Excess Cash Flow.

Excess Cash Flow. Means for each fiscal quarter beginning with the fiscal quarter beginning October 1, 2001, an amount equal to fifty percent (50%) of the increase in excess net cash from previous quarter as shown on the Company's Form 10Q Statement of Cash Flows, furnished to the Lender in accordance with Section 6.1.1 (Financial Statements); or in the event that the Borrowers fail to deliver such financial statements to the Lender as and when required, or the Lender determines in... the exercise of its reasonable discretion, that such financial statements do not accurately reflect the Borrowers' consolidated financial position for the period covered, the Lender shall estimate, in its sole and absolute discretion, the amount of Excess Cash Flow for such period. View More

Excess Cash Flow. Means Gross Operating Profit, less the cost of the insurance coverages described in Article 8 and rents under Operating Leases in existence as of the Commencement Date.

Excess Cash Flow. Shall have the meaning ascribed to such term in the Subordination Agreement.

Excess Cash Flow. Means, for the Borrower for any period, EBITDA of the Borrower for such period PLUS the sum of (without duplication) (a) the excess, if any, of the Adjusted Working Capital of the Borrower at the beginning of such period over the Adjusted Working Capital of the Borrower at the end of such period and (b) the excess, if any, of Programming Amortization Expense for such period over Programming Rights Payments for such period LESS the sum of... (without duplication) (i) scheduled and mandatory cash interest and principal payments on the Facilities during such period and optional cash principal payments on the Facilities during such period (but, in the case of the Revolving Credit Facility, only to the extent that the Revolving Credit Commitments are permanently reduced by the amount of such payments), (ii) scheduled cash principal payments and cash payments of Preferred Stock dividends made by the Borrower or any of 1 its Subsidiaries during such period on other Indebtedness or on Preferred Stock (as the case may be) to the extent such other Indebtedness, Preferred Stock and such payments in respect thereof are permitted by this Agreement, (iii) taxes paid by the Borrower and its Subsidiaries on a consolidated basis, (iv) Capital Expenditures made by the Borrower or any of its Subsidiaries during such period to the extent permitted by this Agreement, (v) Programming Rights Payments in excess of Programming Amortization Expense, (vi) the excess, if any, of the Adjusted Working Capital of the Borrower at the end of such period over the Adjusted Working Capital of the Borrower at the beginning of such period and (vii) scheduled and mandatory cash interest payments on the New Senior Subordinated Notes to the extent such payments in respect thereof are permitted by this Agreement. View More

Excess Cash Flow. For the subject fiscal quarter, the sum of the following, determined in accordance with generally accepted accounting principles consistently applied and on a consolidated basis for the Company and its Subsidiaries: (i) EBITDA, minus (ii) income and franchise taxes to the extent paid or due and payable in cash, minus (iii) interest expense to the extent paid or due and payable in cash, minus (iv) all net principal payments made in respect of indebtedness for money borrowed (excluding mandatory... prepayments hereunder measured by Excess Cash Flow), minus (v) capital expenditures paid in cash (including principal payments made under capitalized leases and purchase money financing of capital assets) up to a maximum of $312,500 per fiscal quarter, plus (vi) without limitation of Section 5.12(c) of the Purchase Agreement, net cash proceeds of any new borrowings (other than borrowings represented by Notes issued pursuant to the Purchase Agreement and borrowings solely for the purchase of capital assets within the limitations of Section 5.12(l) of the Purchase Agreement). View More

Excess Cash Flow. Shall mean, for any time period, without duplication, an amount equal to the sum of (i) consolidated net income or loss of Obligor for such period, plus (ii) an amount equal to the amount of depreciation expenses, amortization expense (including the amortization of goodwill), accrued non-cash interest expense and all other non-cash charges deducted in arriving at such consolidated net income or loss, plus (iii) an amount equal to the ... aggregate net cash proceeds of the sale, lease, transfer or other disposition of assets by Obligor during such period to the extent not required to be applied to mandatory prepayments or payments on the Loans, plus (iv) an amount equal to the net loss on the sale, lease, transfer or other disposition of assets by Obligor during such period to the extent deducted in arriving at such consolidated net income or loss, plus (v) without duplication of other items included in this definition an amount equal to any tax refunds or credits received by Obligor during such period, less (vi) an amount equal to the permitted Capital Expenditures of Obligor for such period, less (vii) an amount equal to the sum of all regularly scheduled payments and optional and mandatory prepayments of principal on Indebtedness for money borrowed by Obligor (other than on the Loans) actually made during such period to the extent permitted hereunder, less (viii) an amount equal to the net gain on the sale, lease, transfer or other disposition of assets by Obligor during such period to the extent included in arriving at such consolidated net income or loss. View More

Excess Cash Flow. Means, for any period, the remainder of (a) Consolidated Adjusted Modified Cash EBITDA for such period, minus (b) the sum, without duplication, of (i) scheduled repayments made during such period of principal of the Term Loan (excluding the refinancing thereof made from the proceeds of the 2024 Term Loan), the 2024 Term Loan, the Delayed Draw Term Loan (excluding the refinancing thereof made from the proceeds of the 2024 Term Loan) and the 2024 Delayed Draw Term Loan, plus (ii) voluntary... prepayments of the 2024 Term Loan and the 2024 Delayed Draw Term Loan pursuant to Section 5.2.1 during such period, plus (iii) cash payments made in such period with respect to unfinanced Capital Expenditures, plus (iv) all federal, state, provincial, territorial, local and foreign income taxes and Permitted Tax Distributions paid or payable in cash by the Borrowers during such period, plus (v) cash Interest Expense of the Borrowers during such period, in each case calculated based on the audited Fiscal Year-end consolidated financial statements of KWH and its Subsidiaries. View More

Excess Cash Flow. Means, for any fiscal year of the Restricted Companies, the excess (determined without duplication in accordance with GAAP) of (a) Operating Cash Flow for such fiscal year over (b) the sum of (i) Debt Service for the Restricted Companies for such fiscal year plus (ii) the aggregate amount of all Capital Expenditures for the Restricted Companies made during such fiscal year, except for any such Capital Amendment No. 3 Expenditures to the extent financed with the proceeds... of Indebtedness incurred pursuant to Section 7.01(d) or 7.01(e) during such fiscal year and that is secured by Liens permitted under Section 7.02(f) plus (iii) the aggregate amount paid, or required to be paid, in cash in respect of income taxes during such fiscal year plus (iv) the aggregate amount of Restricted Payments made by the Restricted Companies to enable the payment of principal and interest in respect of Public Notes, or the redemption price and dividends in respect of Disqualified Capital Stock (other than any such Restricted Payments to the extent financed with the proceeds of equity capital received by the Restricted Companies or Indebtedness incurred pursuant to Section 7.01(e) during such fiscal year) plus (v) $10,000,000. View More

Excess Cash Flow. Shall mean, for any fiscal year, without duplication, an amount equal to the sum of (i) consolidated net income or loss of the Company for such period, plus (ii) an amount equal to the amount of depreciation expenses, amortization expense (including the amortization of goodwill), accrued non-cash interest expense and all other noncash charges deducted in arriving at such consolidated net income or loss, plus (iii) an amount equal to the aggregate net cash proceeds of the sale, lease, transfer... or other disposition of assets by the Company during such period to the extent not (a) reinvested in other assets constituting "Collateral" pursuant to and as defined in the Senior Credit Agreement upon which Agent has a first and prior Lien pursuant to and as defined in the Senior Credit Agreement, or (b) required to be applied to special prepayments or payments on the Senior Indebtedness or this Convertible Note, plus (iv) an amount equal to the net loss on the sale, lease, transfer or other disposition of assets by the Company during such period to the extent deducted in arriving at such consolidated net income or loss, plus (v) the other amount of any tax refunds or credits received by the Company during such period, less (vi) an amount equal to the non-financed Capital Expenditures of the Company for such period less (vii) an amount equal to the sum of payments required by and actually paid pursuant to Section 2.8(a) of the Senior Credit Agreement, k~ (viii) all voluntary prepayments on the Convertible Note in excess of required payments actually made during such period to the extent permitted under the Senior Credit Agreement, less (ix) an amount equal to the net gain on the sale, lease, transfer or other disposition of assets, other than sales in the ordinary course of business, by the Company during such period to the extent included in arriving at such consolidated net income or loss less (x) an amount equal to the increase in the Company's working capital during such period. View More