Common use of CASH FLOW LIMITATIONS Clause in Contracts

CASH FLOW LIMITATIONS. Notwithstanding any other provision of this Article VI, in the event that the amount due from the Company in payment for Option Shares purchased hereunder (including both principal and interest) in any one fiscal year of the Company (other than a purchase occurring by reason of Ken's death) exceeds fifty percent (50%) of the Company's Free Cash Flow for the preceding year, then and in that event the Company in its sole discretion may elect to defer payment of any portion of such principal and/or interest to the extent that payment would require the Company to pay more than fifty percent (50%) of its Free Cash Flow for such preceding year, provided that any such deferred amounts shall continue to earn interest as described in Section 6.7 (c)(i) until paid; and provided further that in any event all principal and interest shall be paid in full no later than five (5) years or ten (10) years, as the case may be, after the date of the closing. If, in the same fiscal year, the Company is also required to pay any persons or entities other than Ken xxx shares of Class A Stock that such persons or entities originally acquired from other stockholders of the Company as of the date hereof or pursuant to options granted by the Company and/or is required to make payment to Ken xxx/or any other persons under any comparable long-term senior executive compensation plan in effect from time to time, the amounts due to such other persons or entities in such fiscal year shall be aggregated with the amount due with respect to the Option Shares in such fiscal year and, if the aggregate amount due exceeds fifty percent (50%) of the Company's Free Cash Flow for the preceding fiscal year, then and in that event the Company in its sole discretion may elect to defer payment of any portion of such aggregate amount (principal and/or interest) to the extent that it would 30 35 exceed fifty (50%) of the Company's Free Cash Flow for the preceding year, and payments and deferments shall be effected among Ken xxx such other persons in proportion to the amounts (both principal and interest) then due and owing to each, subject to any provisions in such plans as to priority of payment.

CASH FLOW LIMITATIONS. Notwithstanding any other provision of this Article VIIII, in the event that the amount due from the Company in payment for Option Restricted Shares purchased hereunder (including both principal and interest) in any one fiscal year of the Company (other than a purchase occurring by reason of KenDan's death) exceeds fifty percent (50%) of the Company's Free Cash Flow for the preceding year, then and in that event the Company in its sole discretion may elect to defer payment of any portion of such principal and/or interest to the extent that payment would require the Company to pay more than fifty percent (50%) of its Free Cash Flow for such preceding year, provided that any such deferred amounts shall continue to earn interest as described in Section 6.7 3.5 (c)(i) until paid; and provided further that in any event all principal and interest shall be paid in full no later than five (5) years or ten (10) years, as the case may be, after the date of the closing. If, in the same fiscal year, the Company is also required to pay any persons or entities other than Ken Dan xxx shares of Class A Stock that such persons or entities originally acquired from other stockholders of the Company Gerrx xxx/or Lilo as of the date hereof or pursuant to 17 21 options granted by the Company and/or is required to make payment to Ken Dan xxx/or any other persons under any comparable long-term senior executive compensation plan in effect from time to time, the amounts due to such other persons or entities in such fiscal year shall be aggregated with the amount due with respect to the Option Restricted Shares in such fiscal year and, if the aggregate amount due exceeds fifty percent (50%) of the Company's Free Cash Flow for the preceding fiscal year, then and in that event the Company in its sole discretion may elect to defer payment of any portion of such aggregate amount (principal and/or interest) to the extent that it would 30 35 exceed fifty percent (50%) of the Company's Free Cash Flow for the preceding year, and payments and deferments shall be effected among Ken Dan xxx such other persons or entities in proportion to the amounts (both principal and interest) then due and owing to each, subject to any provisions in such plans as to priority of payment.

CASH FLOW LIMITATIONS. Notwithstanding any other provision of this Article VIIII, in the event that the amount due from the Company in payment for Option Restricted Shares purchased hereunder (including both principal and interest) in any one fiscal year of the Company (other than a purchase occurring by reason of Ken's death) exceeds fifty percent (50%) of the Company's Free Cash Flow for the preceding year, then and in that event the Company in its sole discretion may elect to defer payment of any portion of such principal and/or interest to the extent that payment would require the Company to pay more than fifty percent (50%) of its Free Cash Flow for such preceding year, provided that any such deferred amounts shall continue to earn interest as described in Section 6.7 3.5 (c)(i) until paid; and provided further that in any event all principal and interest shall be paid in full no later than five (5) years or ten (10) years, as the case may be, after the date of the closing. If, in the same fiscal year, the Company is also required to pay any persons or entities other than Ken xxx shares of Class A Stock that such persons or entities originally acquired from other stockholders of the Company Gerrx xxx/or Lilo as of the date hereof or pursuant to options granted by the Company and/or is required to make payment to Ken xxx/or any other persons under any comparable long-term senior executive compensation plan in effect from time to time, the amounts due to such other persons or entities in such fiscal year shall be aggregated with the amount due with respect to the Option Restricted Shares in such fiscal year and, if the aggregate amount due exceeds fifty percent (50%) of the Company's Free Cash Flow for the preceding fiscal year, then and in that event the Company in its sole discretion may elect to defer payment of any portion of such aggregate amount (principal and/or interest) to the extent that it would 30 35 exceed fifty (50%) of the Company's Free Cash Flow for the preceding year, and payments and deferments shall be effected among Ken xxx such other persons in proportion to the amounts (both principal and interest) then due and owing to each, subject to any provisions in such plans as to priority of payment.such

CASH FLOW LIMITATIONS. Notwithstanding any other provision of this Article VIIII, in the event that the amount due from the Company in payment for Option Restricted Shares purchased hereunder (including both principal and interest) in any one fiscal year of the Company (other than a purchase occurring by reason of KenMichael's death) exceeds fifty percent (50%) of the Company's Free Cash Flow for the preceding year, then and in that event the Company in its sole discretion may elect to defer payment of any portion of such principal and/or interest to the extent that payment would require the Company to pay more than fifty percent (50%) of its Free Cash Flow for such preceding year, provided that any such deferred amounts shall continue to earn interest as described in Section 6.7 3.5 (c)(i) until paid; and provided further that in any event all principal and interest shall be paid in full no later than five (5) years or ten (10) years, as the case may be, after the date of the closing. If, in the same fiscal year, the Company is also required to pay any persons or entities other than Ken Michxxx xxx shares of Class A Stock that such persons or entities originally acquired from other stockholders of the Company Gerrx xxx/or Lilo as of the date hereof or pursuant to options granted by the Company and/or is required to make payment to Ken Michxxx xxx/or any other persons under any comparable long-term senior executive compensation plan in effect from time to time, the amounts due to such other persons or entities in such fiscal year shall be aggregated with the amount due with respect to the Option Restricted Shares in such fiscal year and, if the aggregate amount due exceeds fifty percent (50%) of the Company's Free Cash Flow for the preceding fiscal year, then and in that event the Company in its sole discretion may elect to defer payment of any portion of such aggregate amount (principal and/or interest) to the extent that it would 30 35 exceed fifty percent (50%) of the Company's Free Cash Flow for the preceding year, and payments and deferments shall be effected among Ken Michxxx xxx such other persons or entities in proportion to the amounts (both principal and interest) then due and owing to each, subject to any provisions in such plans as to priority of payment.

CASH FLOW LIMITATIONS. Notwithstanding any other provision of this Article VI, in the event that the amount due from the Company in payment for Option Shares purchased hereunder (including both principal and interest) in any one fiscal year of the Company (other than a purchase occurring by reason of KenDan's death) exceeds fifty percent (50%) of the Company's Free Cash Flow for the preceding year, then and in that event the Company in its sole discretion may elect to defer payment of any portion of such principal and/or interest to the extent that payment would require the Company to pay more than fifty percent (50%) of its Free Cash Flow for such preceding year, provided that any such deferred amounts shall continue to earn interest as described in Section 6.7 (c)(i) until paid; and provided further that in any event all principal and interest shall be paid in full no later than five (5) years or ten (10) years, as the case may be, after the date of the closing. If, in the same fiscal year, the Company is also required to pay any persons or entities other than Ken Dan xxx shares of Class A Stock that such persons or entities originally acquired from other stockholders of the Company as of the date hereof or pursuant to options granted by the Company and/or is required to make payment to Ken Dan xxx/or any other persons under any comparable long-term senior executive compensation plan in effect from time to time, the amounts due to such other persons or entities in such fiscal year shall be aggregated with the amount due with respect to the Option Shares in such fiscal year and, if the aggregate amount due exceeds fifty percent (50%) of the Company's Free Cash Flow for the preceding fiscal year, then and in that event the Company in its sole discretion may elect to defer payment of any portion of such aggregate amount (principal and/or interest) to the extent that it would 30 35 exceed fifty (50%) of the Company's Free Cash Flow for the preceding year, and payments and deferments shall be effected among Ken Dan xxx such other persons in proportion to the amounts (both principal and interest) then due and owing to each, subject to any provisions in such plans as to priority of payment.