Intended Acquisition Cash

Intended Acquisition Cash. Means, at any time, the aggregate amount of cash and cash equivalents (other than cash and cash equivalents that constitute Unrestricted Cash pursuant to clause (a) of such definition) held at such time by the Borrower to the extent that (i) such cash and cash equivalents are proceeds of Indebtedness incurred by the Borrower in order to finance, in whole or in part, an acquisition (an "Intended Acquisition"), (ii) the Borrower intends in good faith to apply such cash and cash equivalents as... consideration for an Intended Acquisition, (iii) a definitive agreement in respect of the applicable Intended Acquisition is in full force and effect and has not been terminated in accordance with the terms of any such agreement and (iv) such cash and cash equivalents are not subject to any Liens (other than customary Liens in connection with any escrow and/or customary banking arrangements and bank accounts); provided that to the extent that the amount of any cash and cash equivalents that would otherwise constitute "Intended Acquisition Cash" pursuant to this definition is available to the Borrower from the proceeds of the Hybrid Capital Securities referenced in clause (a)(iii) of the definition of "Leverage Ratio" for purposes of calculating the Leverage Ratio, such amounts shall not be counted as Intended Acquisition Cash; and provided further that any cash and cash equivalents shall cease to constitute Intended Acquisition Cash upon the consummation of the applicable Intended Acquisition. View More