Written by attorneys · grounded in primary & secondary sources — see below
A measure of liquidity consisting of the net movement of cash into and out of a business or property over a period.
Sources & Authorities· 2 primary sources
Select any source to read its text and confirm it supports the definition.
Model Codes
Restatements
Dictionaries
How it applies
Common Examples
6
Junior Receiver Applies Rents
National Oil obtained a receiver for Alpha Oil's wind farm after default. The receiver collected monthly lease payments from maintenance-yard tenants. Those payments first covered real estate taxes and structural repairs. The remaining cash flow was applied to National Oil's junior mortgage balance.
Railcar Leasing Generates Cash Flow
Trans Union generated hundreds of millions in annual cash flow from its railcar leasing operations. The company nevertheless struggled to produce sufficient taxable income because accelerated depreciation reduced the income available to offset investment tax credits.
Smith v. Van GorkomDel. Supr., 488 A.2d 858, 872 (1985)
Updated Projections Alter Valuation
Evercore revised MFW's EBITDA projections downward for 2015. The discounted cash flow model based on the new figures produced a fair-value range of twenty-two to thirty-eight dollars per share. The special committee used that range to evaluate the proposed merger price.
Kahn v. M & F Worldwide Corp.88 A.3d 635, 648–49 (Del. 2014)
Suppliers Aid Cash Flow Manipulation
Charter arranged sham transactions with Scientific-Atlanta and Motorola to inflate reported operating cash flow by fifteen to twenty million dollars. The suppliers participated in the round-trip payments that allowed Charter to meet Wall Street expectations.
Stoneridge Investment Partners, LLC v. Scientific Atlanta, Inc.552 U.S. 148, 158 (2008)
Laboratory Reports Compared to Cash Flow Statements
The Court noted that differences among official records such as laboratory reports, cash flow statements, and birth certificates are not of constitutional dimension. Each document serves a comparable function of establishing facts for legal proceedings.
Williams v. Illinois567 U.S. 50 (2012)
Bank Reviews Corporate Cash Flow
First Western Bank examined DeBaun's corporate financial statements before extending credit. The statements showed positive cash flow from operations that supported the loan application. The bank later discovered undisclosed liabilities that altered the true cash position.
DeBaun v. First Western Bank and Trust Co.120 Cal. Rptr. 354 (Cal. Ct. App. 1975)
Common questions
Frequently Asked
3
How does a junior receiver apply collected rents under the Restatement rule?+
The junior receiver must first pay real estate taxes and reasonable maintenance and repair expenses. Only the excess cash flow may then be applied to the junior obligation. The receiver has no duty to apply any surplus to the senior mortgage.
Supporting sources
Why must a junior receiver apply rents to taxes and repairs before the mortgage?+
The duty arises because any person in possession of real estate must avoid waste. Applying cash flow first to taxes and maintenance preserves the value of the collateral for all lienholders.
Supporting sources
What happens to rents that remain uncollected when a senior receiver is appointed?+
Any rent that accrues but is uncollected during the junior receivership belongs to the senior receiver. The junior receiver must account for those amounts to the successor.
Supporting sources
488 A.2d 858 (Del. 1985)Business Associations
…principal earnings of which were generated by its railcar leasing business. During the period here involved, the Company had a cash flow of hundreds of millions of dollars annually. However, the Company had difficulty in generating sufficient taxable income to offset increasingly large investment tax credits (ITCs).…