Common use of Applicable High Yield Discount Obligation Mandatory Prepayment Clause in Contracts

Applicable High Yield Discount Obligation Mandatory Prepayment. On any Interest Payment Date following the fifth anniversary of the Original Closing Date, if the aggregate amounts which would be includible in gross income of the holders of the Notes with respect to such Notes for all periods ending on or before such Interest Payment Date (within the meaning of section 163(i) of the Code) (the "Aggregate Accrual") would exceed an amount equal to the sum of (x) the aggregate amount of interest to be paid (within the meaning of section 163(i) of the Code) under the Notes on or before such Interest Payment Date (determined without regard to the amounts payable on such Interest Payment Date under this Section 4.08), and (y) the product of (A) the issue price (as defined in sections 1273(b) and 1274(a) of the Code) of the Notes and (B) the yield to maturity (interpreted in accordance with section 163(i) of the Code) of the Notes (such sum, the "Maximum Accrual"), then the Borrower shall mandatorily pay to the Lenders ratably in cash, on each Interest Payment Date following the fifth anniversary of the Original Closing Date, an amount equal to the excess, if any, of the Aggregate Accrual over the Maximum Accrual and the amount of such payment shall be treated for purposes of section 163(i) of the Code as interest paid under the Notes. Notwithstanding anything to the contrary contained herein, all payments of Principal, premium and interest due from the Borrower hereunder shall be made to the Lenders on an equal and ratable basis. All Notes which have been prepaid may not be reborrowed.

Applicable High Yield Discount Obligation Mandatory Prepayment. On any Interest Payment Date following the fifth anniversary of the Original Closing DateFirst Disbursement, if the aggregate amounts which would be includible in gross income of the holders of the Notes Lenders with respect to such Notes Loans for all periods ending on or before such Interest Payment Date (within the meaning of section 163(i) of the Code) (the "“Aggregate Accrual") ”), would exceed an amount equal to the sum of (x) the aggregate amount of interest to be paid in cash (within the meaning of section 163(i) of the Code) under the Notes Loans on or before such Interest Payment Date (determined without regard to the amounts payable on such Interest Payment Date under this Section 4.082.11), and (y) the product of (A) the issue price (as defined in sections 1273(b) and 1274(a) of the Code) of the Notes Loans and (B) the yield to maturity (interpreted in accordance with section 163(i) of the Code) of the Notes Loans (such sum, the "“Maximum Accrual"”), then the Borrower shall mandatorily pay to the Lenders ratably in cash, on each Interest Payment Date following the fifth anniversary of the Original Closing DateFirst Disbursement, an amount equal to the excess, if any, of the Aggregate Accrual over the Maximum Accrual and the amount of such payment shall be treated for purposes of section 163(i) of the Code as interest paid under on the NotesLoans. The Borrower shall consult with the Lenders regarding the calculation of the Aggregate Accrual and the Maximum Accrual and such calculations shall be subject to the reasonable approval of the Lenders. Each accrual period with respect to the Loans shall end on an Interest Payment Date. Notwithstanding anything to the contrary contained herein, all payments of Principalprincipal, premium and interest due from the Borrower hereunder shall be made to the Lenders on an equal and ratable basis. All Notes Loans which have been prepaid may not be reborrowed.

Applicable High Yield Discount Obligation Mandatory Prepayment. On any Interest Payment Date following the fifth anniversary of the Original Closing Datedate of the Borrowing, if the aggregate amounts which would be includible in gross income of the holders of the Notes Lenders with respect to such Notes Loans for all periods ending on or before such Interest Payment Date (within the meaning of section 163(i) of the Code) (the "“Aggregate Accrual") ”), would exceed an amount equal to the sum of (x) the aggregate amount of interest to be paid in cash (within the meaning of section 163(i) of the Code) under the Notes Loans on or before such Interest Payment Date (determined without regard to the amounts payable on such Interest Payment Date under this Section 4.082.15), and (y) the product of (A) the issue price (as defined in sections 1273(b) and 1274(a) of the Code) of the Notes Loans and (B) the yield to maturity (interpreted in accordance with section 163(i) of the Code) of the Notes Loans (such sum, the "“Maximum Accrual"”), then the Borrower shall mandatorily pay to the Lenders ratably in cash, on each Interest Payment Date following the fifth anniversary of the Original Closing Datedate of the Borrowing, an amount equal to the excess, if any, of the Aggregate Accrual over the Maximum Accrual and the amount of such payment shall be treated for purposes of section 163(i) of the Code as interest paid under on the NotesLoans. The Borrower shall consult with the Lenders regarding the calculation of the Aggregate Accrual and the Maximum Accrual and such calculations shall be subject to the reasonable approval of the Lenders. Each accrual period with respect to the Loans shall end on an Interest Payment Date. Notwithstanding anything to the contrary contained herein, all payments of Principal, premium and interest due from the Borrower hereunder shall be made to the Lenders on an equal and ratable basis. All Notes Loans which have been prepaid may not be reborrowed.

Applicable High Yield Discount Obligation Mandatory Prepayment. On any Interest Payment Date following last day of any calendar quarter ending after the fifth anniversary of the Original Closing Date (a “Test Date”), if the aggregate amounts which would be includible in gross income of the holders of the Notes with respect to such Notes for all periods ending on or before such Interest Payment Test Date (within the meaning of as Note and Equity Purchase Agreement 39 determined in accordance with section 163(i) of the Code) (the "“Aggregate Accrual"”) would exceed an amount equal to the sum of (x) the aggregate amount of interest to be paid (within the meaning of section 163(i) of the Code) under the Notes on or before such Interest Payment Date (determined without regard to the amounts payable on such Interest Payment Date under this Section 4.08)Test Date, and (y) the product of (A) the issue price (as defined in sections 1273(b) and 1274(a) of the Code) of the Notes and (B) the yield to maturity (interpreted determined in accordance with section 163(i) of the Code) of the Notes (such sum, the "“Maximum Accrual"”), then the Borrower shall mandatorily pay to the Lenders ratably in cash, on each Interest Payment Date following the fifth anniversary of the Original Closing Test Date, an amount equal to the excess, if any, of the Aggregate Accrual over the Maximum Accrual (determined as of such Test Date) and the amount of such payment shall be treated for purposes of section 163(i) of the Code as interest paid under the Notes. Any payments made pursuant to this Section 3.2(b) shall be treated, as the case may be, as full or partial payment of the interest due on the Interest Payment Date immediately following the Test Date. Notwithstanding anything to the contrary contained herein, all payments of Principal, premium and interest due from the Borrower hereunder shall be made to the Lenders on an equal and ratable basis. All Notes which have been prepaid may not be reborrowed.

Applicable High Yield Discount Obligation Mandatory Prepayment. On any or before the first Interest Payment Date immediately following the fifth anniversary of the Original Closing Funding Date (but in any event not prior to the fifth anniversary of the Funding Date) and on or before any Interest Payment Date thereafter, if the aggregate amounts which would be includible in gross income of the holders of the Notes with respect to such Notes for all periods ending on or before such Interest Payment Date (within the meaning of section 163(i) of the Code) (the "“Aggregate Accrual"”) would exceed an amount equal to the sum of (x) the aggregate amount of interest to be paid (within the meaning of section 163(i) of the Code) under the Notes on or before such Interest Payment Date (determined without regard to the amounts payable on such Interest Payment Date under this Section 4.08), and (y) the product of (A) the issue price (as defined in sections 1273(b) and 1274(a) of the Code) of the Notes and (B) the yield to maturity (interpreted in accordance with section 163(i) of the Code) of the Notes (such sum, the "“Maximum Accrual"”), then the Borrower Company shall mandatorily pay to the Lenders ratably in cash, on each Interest Payment Date following the fifth anniversary of the Original Closing Date, cash an amount equal to the excess, if any, of the Aggregate Accrual over the Maximum Accrual and the amount of such payment shall be treated for purposes of section 163(i) of the Code as interest paid under the Notes. Notwithstanding anything to the contrary contained herein, all payments of Principal, premium and interest due from the Borrower Company hereunder shall be made to the Lenders on an equal and ratable basis. All Notes which have been prepaid may not be reborrowed.