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As employed above, “Specified Acquisition” signifies any one or more transactions (i) pursuant to which the Borrower or any Limited Subsidiary acquires for an combination purchase cost of not lower than $fifty,000,000 (x) in excess of 50% from the Fairness Passions in some other Person or (y) other residence or assets (other than acquisitions of Fairness Passions of an individual, cash expenditures and acquisitions of inventory or provides within the common system of company) of, or of an functioning division or organization device of, any other Particular person, and (ii) which can be selected because of the Borrower (by published notice into the Lender) to be a “Specified Acquisition”.
Qualifying transactions: Deposits have to be revenue not now held in a private TD checking or cost savings account
Cash Move from Functions usually means net cash money delivered from functions, distinctive of Cash from Profits or Refinancing, of the Company or financial commitment of any Company funds, with no deduction for depreciation, but immediately after deducting cash cash accustomed to pay back or build a reserve for fees, debt payments, capital improvements, and replacements and for such other items as the Board of Administrators moderately decides to get needed or proper and topic to Bank loan Problems.
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(a) Standing by yourself, sections six and 7 in the Act need payments in the prescribed wages, together with overtime payment, in cash or negotiable instrument payable at par. Section three(m) provides, nevertheless, for your inclusion within the “wage” paid to any staff, under the circumstances which it prescribes from the “affordable cost,” or “good price” as based on the Secretary, of furnishing this sort of personnel with board, lodging, or other services. Furthermore, segment three(m) gives that a tipped worker's wages may well consist partly of tips. It can be area three(m) which permits and governs the payment of wages in besides cash. (b) It should not be assumed that since the time period “wage” won't seem in portion 7, all time beyond regulation payment must be paid out in cash and may not be paid out in board, lodging, or other services. There seems for being no evidence in either the statute or its legislative record which demonstrates the intention to supply just one rule for your payment with the minimum wage and One more rule with the payment of additional time compensation. The ideas said in paragraph (a) of the section are regarded equally applicable to payment with the minimum hourly wage essential by portion six or from the wages essential through the equivalent shell out provisions of portion 6(d), and to payment, when extra time is labored, of the payment needed by portion seven.
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