Common use of AHYDO Clause in Contracts

AHYDO. Notwithstanding anything to the contrary contained in Section 2, if (1) the loans evidenced by the Notes remain outstanding after the fifth anniversary of the initial issuance thereof and (2) the aggregate amount of the accrued but unpaid interest on such loans (including any amounts treated as interest for federal income tax purposes, such as “original issue discount”) as of any Testing Date occurring after such fifth anniversary exceeds an amount equal to the Maximum Accrual, then all such accrued but unpaid interest on such loans (including any amounts treated as interest for federal income tax purposes, such as “original issue discount”) as of such time in excess of an amount equal to the Maximum Accrual shall be paid in cash by the Borrower to the holders thereof on such Testing Date, it being the intent of the parties hereto that the deductibility of interest under such loans shall not be limited or deferred by reason of Section 163(i) of the Code. For these purposes, the “Maximum Accrual” is an amount equal to the product of the issue price of such loans (as defined in Code Sections 1273(b) and 1274(a)) and their yield to maturity, and a “Testing Date” is any Interest Payment Date and the date on which any “accrual period” (within the meaning of Section 1272(a)(5) of the Code) closes. Any accrued interest which for any reason has not theretofore been paid shall be paid in full on the date on which the final principal payment on such loans is made.

AHYDO. Notwithstanding anything to the contrary contained in Section 2this Agreement, if (1) the loans evidenced by the Notes Loans remain outstanding after the fifth anniversary of the initial issuance thereof Closing Date and (2) the aggregate amount of the accrued but unpaid interest on such loans the Loans (including any amounts treated as interest for federal income tax purposes, such as “original issue discount”) as of any Testing Date (as defined below) occurring after such fifth anniversary exceeds an amount equal to the Maximum AccrualAccrual (as defined below), then all such accrued but unpaid interest on such loans the Loans (including any amounts treated as interest for federal income tax purposes, such as “original issue discount”) as of such time in excess of an amount equal to the Maximum Accrual shall be paid in cash by the Borrower to the holders thereof Lenders on such Testing Date, it being the intent of the parties hereto that the deductibility of interest under such loans shall Loans will not be limited or deferred by reason of treated as an “applicable high yield debt obligation” under Sections 163(e)(5) and Section 163(i) of the CodeCode and shall be interpreted consistently with such intent. For these purposes, the “Maximum Accrual” is an amount equal to the product of the Loans’ issue price of such loans (as defined in Code Sections 1273(b) and 1274(a)) and their yield to maturity, and a “Testing Date” is any Interest Payment Date regularly scheduled date on which interest is required to be paid hereunder and the date on which any “accrual period” (within the meaning of Section 1272(a)(5) of the Code) closes. Any accrued interest which for any reason has not theretofore been paid shall be paid in full on the date on which the final principal payment on such loans the Loans is made.

AHYDO. Notwithstanding anything to the contrary contained in Section 2herein, if (1) the loans evidenced by the Notes remain outstanding after the fifth anniversary of the initial issuance thereof and (2) the aggregate amount of the accrued but unpaid interest on such loans the Notes (including any amounts treated as interest for federal income tax Tax purposes, such as “original issue discount”) as of any Testing Date occurring after such fifth anniversary exceeds an amount equal to the Maximum Accrual, then all such accrued but unpaid interest on such loans the Notes (including any amounts treated as interest for federal income tax Tax purposes, such as “original issue discount”) as of such time in excess of an amount equal to the Maximum Accrual shall be paid in cash by the Borrower to the holders thereof on such Testing Date, it being the intent of the parties hereto that the deductibility of interest under such loans the Notes shall not be limited or deferred by reason of Section 163(i) of the U.S. Internal Revenue Code. For these purposes, the “Maximum Accrual” is an amount equal to the product of the such Notes’ issue price of such loans (as defined in U.S. Internal Revenue Code Sections 1273(b) and 1274(a)) and their yield to maturity, and a “Testing Date” is any Interest Payment Date and the date on which any “accrual period” (within the meaning of Section 1272(a)(5) of the U.S. Internal Revenue Code) closes. Any accrued interest which for any reason has not theretofore been paid shall be paid in full on the date on which the final principal payment on such loans a Note is made.

AHYDO. Notwithstanding anything to the contrary contained in Section 2subparagraph (a)(i) above, if (1) the loans evidenced by the Notes remain Term Loan remains outstanding after the fifth anniversary of the initial issuance thereof and (2) the aggregate amount of the accrued but unpaid interest on such loans the Term Loan (including any amounts treated as interest for federal income tax purposes, such as “original issue discount”) as of any Testing Date occurring after such fifth anniversary exceeds an amount equal to the Maximum Accrual, then all such accrued but unpaid interest on such loans the Term Loan (including any amounts treated as interest for federal income tax purposes, such as “original issue discount”) as of such time in excess of an amount equal to the Maximum Accrual shall be paid in cash by the Borrower to the holders thereof on such Testing Date, it being the intent of the parties hereto that the deductibility of interest under such loans the Term Loan shall not be limited or deferred by reason of Section 163(i) of the CodeIRC. For these purposes, the “Maximum Accrual” is an amount equal to the product of the such Term Loan’s issue price of such loans (as defined in Code IRC Sections 1273(b) and 1274(a1274 (a)) and their yield to maturity, and a “Testing Date” is any Interest Payment Date date on which interest is paid in respect of the Term Loan and the date on which any “accrual period” (within the meaning of Section 1272(a)(5) of the CodeIRC) closes. Any accrued interest which for any reason has not theretofore been paid shall be paid in full on the date on which the final principal payment on such loans the Term Loan is made.

AHYDO. Notwithstanding anything to the contrary contained in Section 2this Agreement, if (1) the loans evidenced by the Notes remain outstanding after the fifth anniversary of the initial issuance thereof Closing Date and (2) the aggregate amount of the accrued but unpaid interest on such loans the Notes (including any amounts treated as interest for federal income tax purposes, such as “original issue discount”) as of any Testing Date (as defined below) occurring after such fifth anniversary exceeds an amount equal to the Maximum AccrualAccrual (as defined below), then all such accrued but unpaid interest on such loans the Notes (including any amounts treated as interest for federal income tax purposes, such as “original issue discount”) as of such time in excess of an amount equal to the Maximum Accrual shall be paid in cash by the Borrower Issuer to the holders thereof Purchasers on such Testing Date, it being the intent of the parties hereto that the deductibility of interest under such loans shall Notes will not be limited or deferred by reason of treated as an “applicable high yield debt obligation” under Sections 163(e)(5) and Section 163(i) of the CodeInternal Revenue Code and shall be interpreted consistently with such intent. For these purposes, the “Maximum Accrual” is an amount equal to the product of the Notes’ issue price of such loans (as defined in Internal Revenue Code Sections 1273(b) and 1274(a)) and their yield to maturity, and a “Testing Date” is any Interest Payment Date regularly scheduled date on which interest is required to be paid hereunder and the date on which any “accrual period” (within the meaning of Section 1272(a)(5) of the Internal Revenue Code) closes. Any accrued interest which for any reason has not theretofore been paid shall be paid in full on the date on which the final principal payment on such loans the Notes is made.

AHYDO. Notwithstanding anything herein to the contrary contained in Section 2contrary, if (1) the loans evidenced by the Notes Loans remain outstanding after the fifth anniversary of the initial issuance thereof and (2) the aggregate amount of the accrued but unpaid interest on such loans the Loans (including any amounts treated as interest for U.S. federal income tax purposes, such as “original issue discount”) as of any Testing Date occurring after such fifth anniversary exceeds an amount equal to the Maximum Accrual, then all such accrued but unpaid interest on such loans the Loans (including any amounts treated as interest for U.S. federal income tax purposes, such as “original issue discount”) as of such time in excess of an amount equal to the Maximum Accrual shall be paid in cash by the Borrower to the holders thereof Lenders on such Testing Date, it being the intent of the parties hereto that the deductibility of interest under such loans the Loans shall not be limited or deferred by reason of Section 163(e)(5) and Section 163(i) of the Code. For these purposes, the “Maximum Accrual” is an amount equal to the product of the such Loans’ issue price of such loans (as defined in Code Sections 1273(b) and 1274(a)) and their yield to maturity, and a “Testing Date” is any Interest Payment Date and the date on which any “accrual period” (within the meaning of Section 1272(a)(5) of the Code) closes. Any accrued interest which for any reason has not theretofore been paid shall be paid in full on the date on which the final principal payment on such loans is made.

AHYDO. Notwithstanding anything to the contrary contained in Section 22.06, if (1) the loans evidenced by the Notes remain outstanding after the fifth anniversary of the initial issuance thereof and (2) the aggregate amount of the accrued but unpaid interest on such loans (including any amounts treated as interest for federal income tax purposes, such as “original issue discount”) as of any Testing Date occurring after such fifth anniversary exceeds an amount equal to the Maximum Accrual, then all such accrued but unpaid interest on such loans (including any amounts treated as interest for federal income tax purposes, such as “original issue discount”) as of such time in excess of an amount equal to the Maximum Accrual shall be paid in cash by the Borrower Issuers to the holders thereof on such Testing Date, it being the intent of the parties hereto that the deductibility of interest under such loans shall not be limited or deferred by reason of Section 163(i) of the Code. For these purposes, the “Maximum Accrual” is an amount equal to the product of the issue price of such loans (as defined in Code Sections 1273(b) and 1274(a)) and their yield to maturity, and a “Testing Date” is any Interest Payment Date and the date on which any “accrual period” (within the meaning of Section 1272(a)(5) of the Code) closes. Any accrued interest which for any reason has not theretofore been paid shall be paid in full on the date on which the final principal payment on such loans is made.

AHYDO. Notwithstanding anything to If the contrary contained in Section 2, if (1) the loans evidenced by the Notes Loans remain outstanding after the fifth anniversary of the initial issuance thereof Initial Funding Date (or, if later, after the fifth anniversary of the date that the Loans are deemed exchanged for purposes of for purposes of Section 1.1001-1(a) of the United States Treasury Regulations) and (2) the aggregate amount of the accrued but unpaid interest on such loans the Loans (including any amounts treated as interest for federal income tax purposes, such as “original issue discount”purposes of Section 163(i) of the Code) as of any Testing Date (as defined below) occurring after such fifth anniversary exceeds an amount equal to the Maximum AccrualAccrual (as defined below), then all such accrued but unpaid interest on such loans (including any amounts treated as interest for federal income tax purposes, such as “original issue discount”) the Loans as of such time in excess of an amount equal to the Maximum Accrual shall be paid in cash by the Borrower to the holders thereof on such Testing Date, it being the intent of the parties hereto that the deductibility of interest under such loans the Loans shall not be limited or deferred by reason of Section 163(i) of the Code. For these purposes, the “Maximum Accrual” is an amount equal to the product of the such Loans’ “issue price of such loans (as defined in Code Sections 1273(b) and 1274(a)) price” and their “yield to maturity” (in each case for purposes of Section 163(i) of the Code), and a “Testing Date” is any Interest Payment Date and the date on which any “accrual period” (within the meaning for purposes of Section 1272(a)(5163(i) of the Code) closes. Any accrued interest which that for any reason has not theretofore been paid shall be paid in full on the date on which the final principal payment on such loans a Loan is made.

AHYDO. Notwithstanding anything to the contrary contained in Section 2, if (1) the loans evidenced by the Notes remain outstanding after the fifth anniversary of the initial issuance thereof and (2) the aggregate amount of the accrued but unpaid interest on such loans (including any amounts treated as interest for federal income tax purposes, such as “original issue discount”) as of any Testing Date occurring after such fifth anniversary exceeds an amount equal to the Maximum Accrual, then all such accrued but unpaid interest on such loans (including any amounts treated as interest for federal income tax purposes, such as “original issue discount”) as of such time in excess of an amount equal to the Maximum Accrual shall be paid in cash by the Borrower to the holders thereof on such Testing Date, it being the intent of the parties hereto that the deductibility of interest under such loans shall not be limited or deferred by reason of Section 163(i) of the Code. For these purposes, the “Maximum Accrual” is an amount equal to the product of the issue price of such loans (as defined in Code Sections 1273(b) and 1274(a)) and their yield to maturity, and a “Testing Date” is any Interest Payment Date and the date on which any “accrual period” (within the meaning of Section 1272(a)(5) of the Code) closes. Any accrued interest which for any reason has not theretofore been paid shall be paid in full on the date on which the final principal payment on such loans is made.. 29