Common use of Borrower’s Right to Cure Clause in Contracts

Borrower’s Right to Cure. Notwithstanding anything to the contrary contained in Section 8.01, in the event of any Default resulting from a violation of the covenant set forth in Section 7.14 and until the expiration of the tenth day after the date on which financial statements are required to be delivered with respect to US-DOCS\79529473.13 the applicable fiscal quarter hereunder, Holdings or any direct or indirect parent thereof (or any Intermediate Holding Company) may engage in a Permitted Equity Issuance and apply the amount of the Net Cash Proceeds thereof to increase Consolidated EBITDA with respect to such applicable quarter; provided that such Net Cash Proceeds (i) are actually received by the Borrower through capital contribution of such Net Cash Proceeds by Holdings or any direct or indirect parent thereof (or any Intermediate Holding Company) to the Borrower no later than ten days after the date on which financial statements are required to be delivered with respect to such fiscal quarter hereunder, (ii) are Not Otherwise Applied and (iii) do not exceed the aggregate amount necessary to cure such Default from a violation of the covenant set forth in Section 7.14, for any applicable period. The parties hereby acknowledge that this Section 8.05(a) may not be relied on for purposes of calculating any financial ratios other than as applicable to Section 7.14 and shall not result in any adjustment to any amounts other than the amount of the Consolidated EBITDA referred to in the immediately preceding sentence.

Borrower’s Right to Cure. Notwithstanding anything to the contrary contained in Section 8.01, in the event of any Event of Default resulting from a violation of the covenant set forth in Section 7.14 7.11 and until the expiration of the tenth (10th) day after the date on which financial statements are required to be delivered with respect to US-DOCS\79529473.13 the applicable fiscal quarter hereunder, Holdings or any direct or indirect parent thereof (or any an Intermediate Holding CompanyCompany (or, following a Qualifying IPO, the Borrower) may engage in a Permitted Equity Issuance to any of the Equity Investors and apply the amount of the Net Cash Proceeds thereof to increase Consolidated EBITDA with respect to such applicable quarter; provided that such Net Cash Proceeds (i) are actually received by the Borrower through capital contribution of such Net Cash Proceeds by Holdings or any direct or indirect parent thereof (or any an Intermediate Holding Company) Company to the Borrower no later than ten (10) days after the date on which financial statements are required to be delivered with respect to such fiscal quarter hereunder, (ii) are Not Otherwise Applied and (iii) do not exceed the aggregate amount necessary to cure such Event of Default from a violation of the covenant set forth in Section 7.14, 7.11 for any applicable period. The parties hereby acknowledge that this Section 8.05(a) may not be relied on for purposes of calculating any financial ratios other than as applicable to Section 7.14 7.11 and shall not result in any adjustment to any amounts other than the amount of the Consolidated EBITDA referred to in the immediately preceding sentence.

Borrower’s Right to Cure. Notwithstanding anything to the contrary contained in Section 8.01Sections 8.01 or 8.02, in if the event Borrower determines that an Event of any Default resulting from a violation of under the covenant set forth in Section 7.14 and until SectionSection 7.11 has occurred or may occur, during the expiration period commencing after the beginning of the tenth day last fiscal quarter included in such Test Period and ending ten (10) Business Days after the date on which financial statements are required to be delivered hereunder with respect to US-DOCS\79529473.13 such fiscal quarter, the applicable fiscal quarter hereunderInvestors may make a Specified Equity Contribution to Holdings (a “Designated Equity Contribution”), Holdings or any direct or indirect parent thereof (or any Intermediate Holding Company) may engage in a Permitted Equity Issuance and apply the amount of the Net Cash Proceeds net cash proceeds thereof shall be deemed to increase Consolidated EBITDA with respect to such applicable quarter; provided that such Net Cash Proceeds net cash proceeds (i) are actually received by the Borrower as cash common equity (including through capital contribution of such Net Cash Proceeds by Holdings or any direct or indirect parent thereof (or any Intermediate Holding Company) net cash proceeds to the Borrower) during the period commencing after the beginning of the last fiscal quarter included in such Test Period by the Borrower no later than and ending ten days (10) Business Days after the date on which financial statements are required to be delivered with respect to such fiscal quarter hereunder, hereunder and (ii) are Not Otherwise Applied and (iii) do not exceed the aggregate amount necessary to cure such Default from a violation of the covenant set forth in Section 7.14, for any applicable periodApplied. The parties hereby acknowledge that this Section SectionSection 8.05(a) may not be relied on for purposes of calculating any financial ratios other than as applicable to Section 7.14 SectionSection 7.11 and shall not result in any adjustment to any baskets or other amounts other than the amount of the Consolidated EBITDA referred to in for the immediately preceding sentencepurpose of SectionSection 7.11.

Borrower’s Right to Cure. Notwithstanding anything to the contrary contained in Section 8.018.1, in but subject to Section 8.2(b), if the event Borrower determines that an Event of any Default resulting from a violation of under the covenant covenants set forth in Section 7.14 and until 7.1 has occurred or may occur, during the expiration period commencing after the first day of the tenth day last fiscal quarter included in such Reference Period and ending ten (10) Business Days after the date on which financial statements are required to be delivered hereunder with respect to US-DOCS\79529473.13 the applicable such fiscal quarter hereunder(the “Cure Expiration Date”), a Specified Equity Contribution may be made to Holdings or any direct or indirect parent thereof (or any Intermediate Holding Company) may engage in each, a Permitted “Designated Equity Issuance Contribution”), and apply the amount of the Net Cash Proceeds net cash proceeds thereof shall be deemed to increase Consolidated EBITDA with respect to such applicable quarter; provided that such Net Cash Proceeds (i) net cash proceeds are actually received by the Borrower as cash common equity (including through capital contribution of such Net Cash Proceeds by Holdings or any direct or indirect parent thereof (or any Intermediate Holding Company) net cash proceeds to the Borrower) or other equity on terms and conditions reasonably satisfactory to the Administrative Agent during the period commencing after the first day of the last fiscal quarter included in such Reference Period of the Borrower no later than and ending ten days (10) Business Days after the date on which financial statements are required to be delivered with respect to such fiscal quarter hereunder, (ii) are Not Otherwise Applied and (iii) do not exceed the aggregate amount necessary to cure such Default from a violation of the covenant set forth in Section 7.14, for any applicable period. The parties hereby acknowledge that this Section 8.05(a) 8.2 may not be relied on for purposes of calculating any financial ratios other than as applicable to Section 7.14 7.1 and shall not result in any adjustment to any baskets or other amounts other than the amount of the Consolidated EBITDA referred to in for the immediately preceding sentencepurpose of Section 7.1.

Borrower’s Right to Cure. (a) Notwithstanding anything to the contrary contained in Section 8.01, in the event of any Event of Default resulting from a violation of the covenant set forth in Section 7.14 7.11 and until the expiration of the tenth (10th) day after the date on which financial statements are required to be delivered with respect to US-DOCS\79529473.13 the applicable fiscal quarter hereunder, Holdings or any direct or indirect parent thereof (or any an Intermediate Holding CompanyCompany (or, following a Qualifying IPO, the Borrower) may engage in a Permitted Equity Issuance to any of the Equity Investors and apply the amount of the Net Cash Proceeds thereof to increase Consolidated EBITDA with respect to such applicable quarter; provided that such Net Cash Proceeds (i) are actually received by the Borrower through capital contribution of such Net Cash Proceeds by Holdings or any direct or indirect parent thereof (or any an Intermediate Holding Company) Company to the Borrower no later than ten (10) days after the date on which financial statements are required to be delivered with respect to such fiscal quarter hereunder, (ii) are Not Otherwise Applied and (iii) do not exceed the aggregate amount necessary to cure such Event of Default from a violation of the covenant set forth in Section 7.14, 7.11 for any applicable period. The parties hereby acknowledge that this Section 8.05(a) may not be relied on for purposes of calculating any financial ratios other than as applicable to Section 7.14 7.11 and shall not result in any adjustment to any amounts other than the amount of the Consolidated EBITDA referred to in the immediately preceding sentence. (b) In each period of four fiscal quarters, there shall be at least two (2) consecutive fiscal quarters in which no cure set forth in Section 8.05(a) is made.

Borrower’s Right to Cure. (a) Notwithstanding anything to the contrary contained in Section 8.01, in the event of any Event of Default resulting from a violation of the covenant covenants set forth in Section 7.14 7.11 or 7.12 and until the expiration of the tenth (10th) day after the date on which financial statements are required to be delivered with respect to US-DOCS\79529473.13 the applicable fiscal quarter hereunder, Holdings or any direct or indirect parent thereof (or any an Intermediate Holding CompanyCompany (or, following a Qualifying IPO, the Borrower) may engage in a Permitted Equity Issuance or otherwise receive cash capital contributions and apply the amount of the Net Cash Proceeds net cash proceeds thereof to increase Consolidated EBITDA with respect to such applicable quarter; provided that such Net Cash Proceeds net cash proceeds (i) are actually received by the Borrower through capital contribution of such Net Cash Proceeds net cash proceeds by Holdings or any direct or indirect parent thereof (or any an Intermediate Holding Company) Company to the Borrower no later than ten (10) days after the date on which financial statements are required to be delivered with respect to such fiscal quarter hereunder, (ii) are Not Otherwise Applied and (iii) do not exceed the aggregate amount necessary to cure such Event of Default from a violation of the covenant covenants set forth in Section 7.14, 7.11 or 7.12 for any applicable period. The parties hereby acknowledge that this Section 8.05(a) may not be relied on for purposes of calculating any financial ratios other than as applicable to Section 7.14 Sections 7.11 or 7.12 (and, for the avoidance of doubt, not the financial ratios set forth in the definition of the term “Applicable Rate”) and shall not result in any adjustment to any amounts other than the amount of the Consolidated EBITDA referred to in the immediately preceding sentence. (b) In each period of four fiscal quarters, there shall be at least two (2) consecutive fiscal quarters in which no cure set forth in Section 8.05(a) is made.