Common use of Cash Sweep Clause in Contracts

Cash Sweep. Under the terms of the 7-Year Notes Indenture, so long as any principal amount of 7-Year Notes shall remain outstanding, if the amount of Excess Cash for any Transfer Date (after complying with the obligation set forth in Clause 12) exceeds U.S.$3,000,000 (or the equivalent in other currencies), the Company will apply 70% of any such surplus Excess Cash (the determination of such amount to be certified by the Company’s independent auditors) plus, without duplication, 100% of the Unapplied Net Asset Sale Proceeds on such Transfer Date to the ratable pre-payment of any outstanding 7-Year Notes. Amounts required to be prepaid in accordance herewith will be determined by reference to the Peso amounts using the Company’s consolidated balance sheets for the relevant dates and converting such amounts into U.S. Dollars at the prevailing exchange rate on the date of the mandatory prepayment). In the event that on any Transfer Date any restriction or prohibition of access to the Argentine foreign exchange market exists, the Company agrees to pay all amounts required to be paid under this section either (i) by purchasing, with Pesos, any series of “Bonos Externos de la República Argentina” or any other securities or public or private bonds issued in Argentina and denominated in U.S. Dollars, and transferring and selling such instruments outside Argentina for U.S. dollars, or (ii) by means of any other legal procedure existing in Argentina on any such Transfer Date. All costs and taxes payable in connection with the procedures referred to in (i) and (ii) above shall be borne by the Company. The Company shall effectuate any pre-payment of the 7-Year Notes described in Section 4.3(a) by providing not more than 30 nor less than five days’ irrevocable notice to Holders of 7-Year Notes and redeeming Outstanding 7-Year Notes, on a pro rata basis, at their remaining principal amount thereof, together with accrued interest to the relevant Transfer Date.

Appears in 1 contract

Samples: Second Supplemental Indenture (Multicanal Sa)

AutoNDA by SimpleDocs

Cash Sweep. Under the terms of the 7-Year Notes Indenture, so long as any principal amount of 7-Year Notes shall remain outstanding, if the amount of Excess Cash for any Transfer Date (after complying with the obligation set forth in Clause 12) exceeds U.S.$3,000,000 (or the equivalent in other currencies), the Company will apply 70% of any such surplus Excess Cash (the determination of such amount to be certified by the Company’s 's independent auditors) plus, without duplication, 100% of the Unapplied Net Asset Sale Proceeds on such Transfer Date to the ratable pre-payment of any outstanding 7-Year Notes. Amounts required to be prepaid in accordance herewith will be determined by reference to the Peso amounts using the Company’s 's consolidated balance sheets for the relevant dates and converting such amounts into U.S. Dollars at the prevailing exchange rate on the date of the mandatory prepayment). In the event that on any Transfer Date any restriction or prohibition of access to the Argentine foreign exchange market exists, the Company agrees to pay all amounts required to be paid under this section either (i) by purchasing, with Pesos, any series of "Bonos Externos de la República Argentina” or any other securities dx xx Xxxxxxxxx Xxxxxxxxx" xx xxx xxxxx xxxxxities or public or private bonds issued in Argentina and denominated in U.S. Dollars, and transferring and selling such instruments outside Argentina for U.S. dollars, or (ii) by means of any other legal procedure existing in Argentina on any such Transfer Date. All costs and taxes payable in connection with the procedures referred to in (i) and (ii) above shall be borne by the Company. The Company shall effectuate any pre-payment of the 7-Year Notes described in Section 4.3(a) by providing not more than 30 nor less than five days' irrevocable notice to Holders of 7-Year Notes and redeeming Outstanding 7-Year Notes, on a pro rata basis, at their remaining principal amount thereof, together with accrued interest to the relevant Transfer Date.

Appears in 1 contract

Samples: Indenture (Multicanal Sa)

Cash Sweep. Under the terms of the 7-Year Notes Indenture, so long as any principal amount of 7-Year Notes shall remain outstanding, if the amount of Excess Cash for any Transfer Date (after complying with the obligation set forth in Clause 12) exceeds U.S.$3,000,000 (or the equivalent thereof in other currencies), the Company will apply 70% of any such surplus Excess Cash (the determination of such amount to be certified by the Company’s independent auditors) plus, without duplication, 100% of the Unapplied Net Asset Sale Proceeds on such Transfer Date to the ratable pre-payment of any outstanding 7-Year Notes. Amounts required to be prepaid in accordance herewith will be determined by reference to the Peso amounts using the Company’s consolidated balance sheets for the relevant dates and converting such amounts into U.S. Dollars at the prevailing exchange rate on the date of the mandatory prepayment). In the event that on any Transfer Date any restriction or prohibition of access to the Argentine foreign exchange market exists, the Company agrees to pay all amounts required to be paid under this section either (i) by purchasing, with Pesos, any series of “Bonos Externos de la República Argentina” or any other securities or public or private bonds issued in Argentina and denominated in U.S. Dollars, and transferring and selling such instruments outside Argentina for U.S. dollars, or (ii) by means of any other legal procedure existing in Argentina on any such Transfer Date. All costs and taxes payable in connection with the procedures referred to in (i) and (ii) above shall be borne by the Company. The Company shall effectuate any pre-payment of the 7-Year Notes described in Section 4.3(a) by providing not more than 30 nor less than five days’ irrevocable notice to Holders of 7-Year Notes and redeeming Outstanding 7-Year Notes, on a pro rata basis, at their remaining principal amount thereof, together with accrued interest to the relevant Transfer Date.

Appears in 1 contract

Samples: Second Supplemental Indenture (Multicanal Sa)

Cash Sweep. Under the terms (a) So long as any of the 7-Year Notes Indenture, so long as any principal amount of 7-Year Notes shall remain outstandingOutstanding, if the amount of Excess Cash for any Transfer Date (after complying with the obligation set forth in Clause 12Section 4.2) exceeds U.S.$3,000,000 (or the equivalent thereof in other currencies), ) the Company will apply 70% of any such surplus Excess Cash (the determination of such amount to be certified by the Company’s independent auditors) plus, without duplication, 100% of the Unapplied Net Asset Sale Proceeds on such Transfer Date to the ratable pre-payment of any outstanding 7-Year Notes. Amounts required to be prepaid in accordance herewith will be determined by reference to the Peso amounts using the Company’s consolidated balance sheets for the relevant dates and converting such amounts into U.S. Dollars at the prevailing exchange rate on the date of the mandatory prepayment). In the event that on any Transfer Date any restriction or prohibition of access to the Argentine foreign exchange market exists, the Company agrees to pay all amounts required to be paid under this section either (i) by purchasing, with Pesos, any series of “Bonos Externos de la República Argentina” or any other securities or public or private bonds issued in Argentina and denominated in U.S. Dollars, and transferring and selling such instruments outside Argentina for U.S. dollars, or (ii) by means of any other legal procedure existing in Argentina on any such Transfer Date. All costs and taxes payable in connection with the procedures referred to in (i) and (ii) above shall be borne by the Company. . (b) The Company shall effectuate any pre-payment of the 7-Year Notes described in Section 4.3(a) by providing not more than 30 nor less than five days’ irrevocable notice to Holders of 7-Year Notes and redeeming Outstanding 7-Year Notes, on a pro rata basis, at their remaining principal amount thereof, together with accrued interest to the relevant Transfer Date.

Appears in 1 contract

Samples: Second Supplemental Indenture (Multicanal Sa)

AutoNDA by SimpleDocs

Cash Sweep. Under the terms of the 7-Year Notes Indenture, so long as any principal amount of 7-Year Notes shall remain outstanding, if the amount of Excess Cash for any Transfer Date (after complying with the obligation set forth in Clause 12) exceeds U.S.$3,000,000 (or the equivalent thereof in other currencies), the Company will apply 70% of any such surplus Excess Cash (the determination of such amount to be certified by the Company’s 's independent auditors) plus, without duplication, 100% of the Unapplied Net Asset Sale Proceeds on such Transfer Date to the ratable pre-payment of any outstanding 7-Year Notes. Amounts required to be prepaid in accordance herewith will be determined by reference to the Peso amounts using the Company’s 's consolidated balance sheets for the relevant dates and converting such amounts into U.S. Dollars at the prevailing exchange rate on the date of the mandatory prepayment). In the event that on any Transfer Date any restriction or prohibition of access to the Argentine foreign exchange market exists, the Company agrees to pay all amounts required to be paid under this section either (i) by purchasing, with Pesos, any series of "Bonos Externos de la República Argentina” or any other securities dx xx Xxxxxxxxx Xxxxxxxxx" xx xxx xxxxx xxxxxities or public or private bonds issued in Argentina and denominated in U.S. Dollars, and transferring and selling such instruments outside Argentina for U.S. dollars, or (ii) by means of any other legal procedure existing in Argentina on any such Transfer Date. All costs and taxes payable in connection with the procedures referred to in (i) and (ii) above shall be borne by the Company. The Company shall effectuate any pre-payment of the 7-Year Notes described in Section 4.3(a) by providing not more than 30 nor less than five days' irrevocable notice to Holders of 7-Year Notes and redeeming Outstanding 7-Year Notes, on a pro rata basis, at their remaining principal amount thereof, together with accrued interest to the relevant Transfer Date.

Appears in 1 contract

Samples: Indenture (Multicanal Sa)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!