Pro Forma Cash Balance

Pro Forma Cash Balance. The amount of cash and Cash Equivalents set forth on the Balance Sheet as of any determination date, plus all cash expenditures made and cash expenses incurred during the rolling twelve month period preceding such determination date, in each case other than those cash expenditures and cash expenses relating to the Designated Products, the Maker's general overhead expenses and any MHR Approved Products; provided that, in the event that any cash amounts are to be used following any determination... date (i) to pay Royalties pursuant to Sections 2.3(a) or 2.3(b) of the Royalty Agreement in respect of the Fiscal Year or Fiscal Quarter ending on such determination date, (ii) to repay principal and interest outstanding on any Loans pursuant to Section 4(c) of the Facility in respect of the Fiscal Year or Fiscal Quarter ending on such determination date, or (iii) to redeem the Convertible Notes pursuant to Section 4(b)(iii) of the Convertible Notes in respect of the Fiscal Year or Fiscal Quarter ending on such determination date, such cash amounts shall be deducted from the calculation of the Pro Forma Cash Balance as of the end of such Fiscal Year or Fiscal Quarter for the purposes of this definition, but only if such amounts are thereafter actually paid in cash on their respective due dates View More