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

Borrower’s Right to Cure. (a) Notwithstanding anything to the contrary otherwise contained in this Section 8, in the event of any Financial Covenant Event of Default and upon the receipt of a Specified Equity Contribution (the “Cure Amount”) within the time period specified, and subject to the satisfaction of the other conditions with respect to Specified Equity Contribution set forth in the definition thereof, Consolidated EBITDA shall be increased with respect to such applicable fiscal quarter and any four fiscal quarter period that contains such fiscal quarter by the amount of such Specified Equity Contribution solely for the purpose of measuring compliance with Section 7.1(b). If, after giving effect to the foregoing pro forma adjustment (without giving effect to any repayment of any Indebtedness with any portion of the Cure Amount or any portion of the Cure Amount on the balance sheet of the Borrower with respect to such fiscal quarter only (except, for each fiscal quarter other than the fiscal quarter in respect of which such Specified Equity Contribution is made, to the extent applied for the voluntary prepayment of Term Loans)), the Borrower shall then be in compliance with the requirements of Section 7.1(b), it shall be deemed to have been in compliance therewith as of the relevant date of determination with the same effect as though there had been no failure to comply therewith at such date, and the applicable breach or default hereunder that had occurred shall be deemed cured for the purposes of this Agreement.

Borrower’s Right to Cure. (a) Notwithstanding anything to the contrary otherwise contained in this Section 89, in the event of any Financial Covenant that there would otherwise be an Event of Default and in respect of Subsection 8.10, upon the receipt of a Specified Equity Contribution (the “Cure Amount”) within the time period specified, specified in the definition thereof (and subject to the satisfaction of the other conditions with respect to Specified Equity Contribution set forth in the definition thereoftherein), Consolidated EBITDA shall be increased with respect to such the applicable fiscal quarter and any four (4) fiscal quarter period that contains such fiscal quarter by the amount of such Specified Equity Contribution (the “Cure Amount”), solely for the purpose of measuring compliance with Section 7.1(b)Subsection 8.10. If, after giving effect to the foregoing pro forma adjustment (without giving effect to any repayment of any Indebtedness with any portion of the Cure Amount or any portion of the Cure Amount on the balance sheet of the Borrower Amount, in each case, with respect to such fiscal quarter only (except, for each fiscal quarter other than the fiscal quarter in respect of which such Specified Equity Contribution is made, to the extent applied for the voluntary prepayment of Term Loans)only), the Borrower shall then be in compliance with the requirements of Section 7.1(b)Subsection 8.10, it the Borrower shall be deemed to have been in compliance therewith as of the relevant date of determination with the same effect as though there had been no failure to comply therewith at such datedetermination, and the applicable breach or default hereunder that had occurred no Event of Default shall be deemed cured to have occurred in respect of Subsection 8.10 for the purposes of this Agreement. (b) The parties hereby acknowledge that notwithstanding any other provision in this Agreement to the contrary, the Cure Amount received pursuant to the occurrence of any Specified Equity Contribution shall be disregarded for purposes of determining any financial ratio-based conditions (other than as applicable to Subsection 8.10), pricing or any available basket under Section 8.

Borrower’s Right to Cure. (a) Notwithstanding anything to the contrary otherwise contained in this Section 88.1, in the event that Holdings and Borrower fail to comply with the requirements of any Financial Covenant Event of Default and upon Section 6.8(a), Holdings shall have the receipt of a Specified Equity Contribution (the “right to issue Permitted Cure Amount”) within the time period specified, and subject Securities for cash or otherwise receive cash contributions to the satisfaction capital of Holdings (which, or the other conditions with respect proceeds of which, shall be contributed to Specified Equity Contribution set forth Borrower) in the definition thereof, an amount not to exceed $5,000,000 in any Fiscal Quarter or $10,000,000 in any Fiscal Year. Such amounts shall be added to Consolidated EBITDA shall be increased with respect to such applicable fiscal quarter and any four fiscal quarter period that contains such fiscal quarter by the amount for purposes of such Specified Equity Contribution solely for the purpose of measuring determining compliance with Section 7.1(b)6.8(a) for the Fiscal Quarter immediately preceding the Fiscal Quarter in which they are so received by Borrower. If, If after giving effect to the foregoing pro forma adjustment (without giving effect to any repayment of any Indebtedness with any portion of the Cure Amount or any portion of the Cure Amount on the balance sheet of the Borrower with respect to such fiscal quarter only (exceptrecalculation, for each fiscal quarter other than the fiscal quarter in respect of which such Specified Equity Contribution is made, to the extent applied for the voluntary prepayment of Term Loans)), the Borrower shall then be in compliance with the requirements of Section 7.1(b)6.8, it then Borrower shall be deemed to have been in compliance therewith satisfied the requirements of Section 6.8 as of the relevant date of determination with the same effect as though there had been no failure to comply therewith at such date, and the applicable breach or default hereunder that of Section 6.8 which had occurred shall be deemed cured for the all purposes of this Agreementthe Credit Documents. (b) Notwithstanding anything herein to the contrary, (i) in no event shall Holdings or Borrower be entitled to exercise the right described in clause (a) above in more than two Fiscal Quarters during any Fiscal Year, and (ii) in no event may the right described in clause (a) above be exercised more than four times in the aggregate during the Revolving Commitment Period.

Borrower’s Right to Cure. (a) Notwithstanding anything to the contrary otherwise contained in this Section 88.1, in the event for purposes of any Financial Covenant determining whether an Event of Default has occurred under the financial covenant set forth in Section 6.7(d), any equity contribution (which shall be in the form of common equity or other equity (other than Disqualified Equity Interests) having terms reasonably satisfactory to the Requisite Lenders and upon Administrative Agent) made to Borrower or any incurrence by Borrower of additional Indebtedness under the receipt Second Lien Loan Documents, in each case after the last day of any Fiscal Quarter and on or prior to the day that is 10 days after the day on which financial statements are required to be delivered for that Fiscal Quarter will, at the request of Borrower, be included in the calculation of Consolidated EBITDA solely for the purposes of determining compliance with the financial covenant set forth in Section 6.7(d) at the end of such Fiscal Quarter and any subsequent period that includes such Fiscal Quarter (any such contribution or incurrence, a “Specified Contribution”); provided that (a) Borrower shall not be permitted to so request that a Specified Equity Contribution (be included in the “Cure Amount”) within the time period specified, and subject to the satisfaction calculation of the other conditions Consolidated EBITDA with respect to Specified Equity Contribution set forth in the definition thereof, Consolidated EBITDA shall be increased with respect to such applicable fiscal quarter and any four fiscal quarter period that contains such fiscal quarter by the amount of such Specified Equity Contribution solely for the purpose of measuring compliance with Section 7.1(b). IfFiscal Quarter unless, after giving effect to the foregoing pro forma adjustment (without giving effect to any repayment of any Indebtedness with any portion of the Cure Amount or any portion of the Cure Amount on the balance sheet of the Borrower with respect to such fiscal quarter only (exceptrequested Specified Contribution, for each fiscal quarter other than the fiscal quarter in respect of which such Specified Equity Contribution is made, to the extent applied for the voluntary prepayment of Term Loans)), the Borrower shall then be in compliance with the requirements of Section 7.1(b), it there shall be deemed to have been no more than two Fiscal Quarters in compliance therewith as of the relevant date of determination with the same effect as though there had been no failure to comply therewith at such date, and the applicable breach or default hereunder that had occurred shall be deemed cured for the purposes of this Agreement.Relevant