Net Cash Proceeds

Net Cash Proceeds. An amount equal to (i) cash payments received by the Company in connection with a Cash Proceeds Event minus (ii) any bona fide costs incurred by the Company in connection with such Cash Proceeds Event, including (a) the amount of all taxes payable that are attributable to such Cash Proceeds Event, (b) any reasonable costs, fees and expenses incurred by the Company in connection with such Cash Proceeds Event and (c) in connection with any Cash Proceeds Event described in clauses (i) and (ii) of... the definition thereof, any reasonable underwriting discounts and commissions in connection therewith. View More

Net Cash Proceeds. In connection with any issuance or sale of Equity Interests, securities evidencing Debt or the incurrence of Debt, the cash proceeds received from such disposition, issuance or incurrence, net of attorneys' fees, investment banking fees, accountants' fees, underwriting discounts and commissions and other customary fees and expenses actually incurred in connection therewith, or in the case of asset sales, less repayment of Debt secured by a Lien on the property which is the subject of such sale... of assets. View More

Net Cash Proceeds. Means, with respect to the sale or issuance of any equity interest by the Borrower or any of its Subsidiaries, or the incurrence or issuance of any Debt for Borrowed Money (exclusive of any such Debt in respect of commercial paper) by the Borrower or any of its Subsidiaries, the excess of (i) the sum of the cash and cash equivalents received in connection with such transaction over (ii) the underwriting discounts and commissions or other similar payments, and other related out-of-pocket costs,... fees, commissions, premiums and expenses, incurred by the Borrower or such Subsidiary in connection therewith View More

Net Cash Proceeds. The aggregate cash proceeds received by the Corporation or any Guarantor in an Equity Transaction, as applicable, minus reasonable and customary brokerage commissions and other reasonable and customary fees and expenses related to such transaction (including reasonable and customary fees and expenses of counsel and investment bankers actually paid by the Corporation or any of its Subsidiaries).

Net Cash Proceeds. Shall mean (a) with respect to any Alternate Capital or other funds received through Subordinated Indebtedness, cash received by Borrower on or after the date of incurrence of such Subordinated Indebtedness after payment of all attorneys' fees and usual and customary underwriting commissions, closing costs, and other reasonable expenses associated with such Subordinated Indebtedness; and (b) with respect to any Alternate Capital or other funds received through the issuance of any common stock,... preferred stock, warrant or other equity, cash received by Borrower on or after the date of such equity issuance, from such equity issuance after payment of all attorneys' fees and usual and customary underwriting commissions, closing costs, and other reasonable expenses associated with such equity issuance. View More

Net Cash Proceeds. With respect to any Disposition (other than the Disposition of the Assets from Vivakor to VivaSphere), an amount equal to the cash proceeds received by VivaSphere (or any affiliate thereof) from or in respect of such Disposition (including deferred payments and cash proceeds of any non-cash proceeds of such transaction), less (a) any out-of-pocket expenses that are reasonably incurred by VivaSphere (or any affiliate thereof) in connection therewith (including, without limitation, legal,... accounting and other professional fees, sales commissions, fees and charges), and (b) any taxes paid or reasonably estimated by VivaSphere (or any affiliate thereof) to be payable by VivaSphere (or any affiliate thereof) in respect of such Disposition, any portion of such proceeds deposited in an escrow account pursuant to the documentation relating to a Disposition and any portion of such proceeds which VivaSphere (or any affiliate thereof) determines in its reasonable business judgment should be reserved for post-closing adjustments and indemnities with respect to such Disposition. View More

Net Cash Proceeds. (a) In connection with any Asset Sale or any Recovery Event, the proceeds thereof in the form of cash and cash equivalents (including any such proceeds actually received from deferred payments), net of attorneys' fees, accountants' fees, investment banking fees, amounts required to be reserved for indemnification, adjustment of purchase price or similar obligations pursuant to the agreements governing an Asset Sale and other customary fees and expenses actually incurred in connection therewith... and net of taxes paid (after taking into account any available tax credits or deductions and any tax sharing arrangements) and (b) in connection with any issuance or sale of equity interests or any incurrence of Debt, the cash proceeds received from such issuance or incurrence, net of attorneys' fees, investment banking fees, accountants' fees, underwriting discounts and commissions and other customary fees and expenses actually incurred in connection therewith. View More