Casualty Events. Upon the date (the “Insurance Date”) 30 days following the receipt by the Borrower or any of its Restricted Subsidiaries of the Net Available Proceeds of insurance, condemnation award or other compensation, in each case in excess of $2,000,000 (or its equivalent in other currencies, calculated as of the date such proceeds are received) in respect of any Casualty Event, affecting (i) any Hydrocarbon Property of the Borrower or any Restricted Subsidiary or (ii) any Foreign Assets of the Borrower or any Restricted Subsidiary, the Borrower shall, or as applicable, shall cause the applicable Restricted Subsidiary to (in each case, only if required by the Administrative Agent to do so) repay the Loans to the extent of such Net Available Proceeds (and/or provide cash collateral for the Letter of Credit Liabilities as specified in clause (e) below), and if such Casualty Event or series of related Casualty Events shall result in the receipt by the Borrower or any of its Restricted Subsidiaries of Net Available Proceeds in excess of $2,000,000 (or its equivalent amount in other currencies, calculated as of the date such proceeds are received) in any Determination Period, the Majority Banks, based on their review of such Casualty Event, may reduce the Borrowing Base, such reduction in any event not to be in an aggregate amount in excess of 100% of the Net Available Proceeds of such Casualty Event, or such lesser amount as may be specified in a written notice from the Majority Banks, such prepayment and reduction to be effected in each case in the manner and to the extent specified in clause (e) of this Section 2.10. Nothing in this clause (b) shall be deemed to limit any obligation of the Borrower and any of its Restricted Subsidiaries pursuant to any of the Security Documents to remit to a collateral or similar account maintained by the Administrative Agent the proceeds of insurance, condemnation award or other compensation received in respect of any Casualty Event.
Appears in 1 contract
Samples: Agreement (Gran Tierra Energy, Inc.)
Casualty Events. Upon the date (the “Insurance Date”) 30 Not later than 60 days following the receipt by the Borrower Company or any of its Restricted Subsidiaries (other than a Supplemental Guarantor) of the Net Available Proceeds proceeds of insurance, condemnation award or other compensation, in each case in excess of $2,000,000 (or its equivalent in other currencies, calculated as of the date such proceeds are received) compensation in respect of any Casualty Event, Event affecting (i) any Hydrocarbon Property of the Borrower Company or any Restricted Subsidiary of its Subsidiaries (other than Property of a Supplemental Guarantor or acquired with the proceeds of Facility C Loans or Facility D Loans under the Second Restated Supplemental Credit Agreement) (ii) any Foreign Assets of or upon such earlier date as the Borrower Person owning such Property shall have determined not to repair or any Restricted Subsidiaryreplace the Property affected by such Casualty Event), the Borrower shall, or as applicable, Company shall cause the applicable Restricted Subsidiary to (in each case, only if required by the Administrative Agent to do so) repay prepay the Loans to the extent of such Net Available Proceeds (and/or provide cash collateral cover for the Letter of Credit Liabilities as specified in clause paragraph (ef) below), and if such Casualty Event or series of related Casualty Events the Facility A Commitments shall result in the receipt by the Borrower or any of its Restricted Subsidiaries of Net Available Proceeds in excess of $2,000,000 (or its equivalent amount in other currenciesbe subject to automatic reduction, calculated as of the date such proceeds are received) in any Determination Period, the Majority Banks, based on their review of such Casualty Event, may reduce the Borrowing Base, such reduction in any event not to be in an aggregate amount in excess of amount, if any, equal to 100% of the Net Available Proceeds of such Casualty Event, Event not theretofore applied to the repair or replacement of such lesser amount as may be specified in a written notice from Property or prepayment of the Majority BanksFacility B Loans, such prepayment and reduction to be effected in each such case in the manner and to the extent specified in clause paragraph (e) of this Section 2.10below. Nothing in this clause paragraph (ba) shall be deemed to limit any obligation of the Borrower and Company or any of its Restricted Subsidiaries pursuant to any of the Security Documents to remit to a collateral or similar account (including, without limitation, the Collateral Account) maintained by the Administrative Agent pursuant to any of the Security Documents the proceeds of insurance, condemnation award or other compensation received in respect of any Casualty Event. Notwithstanding the foregoing, in the event that a Casualty Event shall occur with respect to Property of the Company or any of its Subsidiaries (other than Property of a Supplemental Guarantor or acquired with the proceeds of Facility C Loans or Facility D Loans under the Second Restated Supplemental Credit Agreement) and covered by any Mortgage, the Company shall prepay the Loans (and/or provide cover for Letter of Credit Liabilities) on the dates and in the amounts to the extent specified in such Mortgage. In the event of a Casualty Event involving Property of a Supplemental Guarantor or acquired with the proceeds of Facility C Loans or Facility D Loans under the Second Restated Supplemental Credit Agreement, the Net Available Proceeds of such Casualty Event shall be applied in accordance with the terms of the Second Restated Supplemental Credit Agreement.
Appears in 1 contract
Samples: Credit Agreement (Suiza Foods Corp)
Casualty Events. Upon the date (the “Insurance Date”"INSURANCE DATE") 30 days following the receipt by the Borrower Company or any of its Restricted Subsidiaries incorporated in the United States of the Net Available Proceeds proceeds of insurance, condemnation award or other compensation, in each case in excess of $2,000,000 (or its equivalent in other currencies, calculated as of the date such proceeds are received) compensation in respect of any Casualty Event, Event affecting (i) any Hydrocarbon Property other than Unrestricted Properties of the Borrower or any Restricted Subsidiary or (ii) any Foreign Assets of the Borrower or any Restricted Subsidiary, the Borrower shall, or as applicable, Company shall cause the applicable Restricted Subsidiary to (in each case, only if required by the Administrative Agent to do so) repay prepay the Loans to the extent of such Net Available Proceeds (and/or provide cash collateral cover for the Letter of Credit Liabilities as specified in clause (ef) below), and if such Casualty Event or series of related Casualty Events shall result in the receipt by the Borrower Company or any of its Restricted Subsidiaries incorporated in the United States of Net Available Proceeds in excess of $2,000,000 (or its equivalent amount in other currencies, calculated as of the date such proceeds are received) in any Determination Period2,500,000, the Majority BanksCombined Supermajority Lenders, in their sole discretion based on their review of such Casualty Event, may reduce the Borrowing Base, such reduction in any event not to be Base in an aggregate amount not in excess of 100% of the Net Available Proceeds of such Casualty EventEvent not theretofore applied to the repair or replacement of such Hydrocarbon Property, or such lesser amount as may be is specified in a written notice from the Majority BanksCombined Supermajority Lenders, such prepayment and reduction to be effected in each case in the manner and to the extent specified in clause (e) of this Section 2.10. Nothing in this clause (b) shall be deemed to limit any obligation of the Borrower Company and any of its Restricted Subsidiaries incorporated in the United States pursuant to any of the Security Documents to remit to a collateral or similar account (including, without limitation, the Collateral Account) maintained by the Administrative Agent pursuant to any of the Security Documents the proceeds of insurance, condemnation award or other compensation received in respect of any Casualty Event.
Appears in 1 contract
Samples: Credit Agreement (Forest Oil Corp)
Casualty Events. Upon the date (the “Insurance Date”) 30 Not later than 270 days following the after receipt by the any Borrower or any of its Restricted Subsidiaries of the Net Available Proceeds of insurance, condemnation award or other compensation, in each case in excess of $2,000,000 (or its equivalent in other currencies, calculated as of the date such proceeds are received) in respect a Subsidiary thereof of any Casualty Event, affecting (i) any Hydrocarbon Property of the Borrower or any Restricted Subsidiary or (ii) any Foreign Assets of the Borrower or any Restricted Subsidiary, the Borrower shall, or as applicable, shall cause the applicable Restricted Subsidiary to (in each case, only if required by the Administrative Agent to do so) repay the Loans to the extent of such Net Available Proceeds (and/or provide cash collateral for the Letter of Credit Liabilities as specified in clause (e) below), and if such Casualty Event or series of related Casualty Events shall result in the receipt by the Borrower or any of its Restricted Subsidiaries of Net Available Proceeds in excess of $2,000,000 (or its equivalent amount in other currencies, calculated as of the date such proceeds are received) in any Determination Period, the Majority Banks, based on their review of such Casualty Event, may reduce the Borrowing Base, such reduction in any event not to be in an aggregate amount in excess of 100% of the Net Available Proceeds of such Casualty Event, or such lesser amount as may be specified in a written notice from the Majority Banks, such prepayment and reduction to be effected in each case in the manner and to the extent specified in clause (e) of this Section 2.10. Nothing in this clause (b) shall be deemed to limit any obligation of the Borrower and any of its Restricted Subsidiaries pursuant to any of the Security Documents to remit to a collateral or similar account maintained by the Administrative Agent the proceeds of insurance, condemnation award or other compensation received in respect of any Casualty Event (or, if earlier, upon its determination not to repair or replace any property subject to such Casualty Event or to acquire assets used or useable in the business of the Parent and its Subsidiaries), the Borrowers will prepay the outstanding principal amount of the Loans in an amount equal to 100% of the Net Cash Proceeds from such Casualty Event, less any amounts (A) under $2,500,000 for each occurrence or series of related occurrences or (B) theretofore applied (or contractually committed to be applied) to the repair or replacement of property subject to such Casualty Event or to acquire assets used or useable in the business of the Parent and its Subsidiaries and will deliver to the Administrative Agent, concurrently with such prepayment, a certificate signed by a Financial Officer of the Borrowers in form and substance satisfactory to the Administrative Agent and setting forth the calculation of such Net Cash Proceeds; provided, however, that, notwithstanding the foregoing, (i) except as otherwise provided in this Agreement (including in clause (ii) below) or in any other Credit Document, the Administrative Agent shall turn over to the Borrowers any such proceeds received during such 270-day period (unless the Borrowers have, prior to the Administrative Agent's receipt of such proceeds, notified the Administrative Agent of their determination not to repair or replace the property subject to the applicable Casualty Event or to acquire assets used or useable in the business of the Borrowers and their Subsidiaries), and (ii) any and all such proceeds received or held by the Administrative Agent or the Borrowers or any of their Subsidiaries during the continuance of an Event of Default (regardless of any proposed or actual use thereof for repair, replacement or reinvestment) shall be applied to prepay the outstanding principal amount of the Loans; and provided further that no prepayment shall be required with respect to Net Cash Proceeds received by an Insurance Subsidiary to the extent that such proceeds must be retained by such Insurance Subsidiary to satisfy an applicable Requirement of Law or if such retention is, in the opinion of any applicable Governmental Authority, necessary or appropriate to maintain the soundness of such Insurance Subsidiary, whether or not the opinion of such Governmental Authority has the force of law.
Appears in 1 contract
Casualty Events. Upon the date (the “Insurance Date”) 30 days following the receipt by the Borrower Canadian Forest or any of its Restricted Subsidiaries the Subsidiary Borrowers incorporated in Canada (or Forest, in the case of the Net Available Proceeds Forest Pledged Properties) of the proceeds of insurance, condemnation award or other compensation, in each case in excess of $2,000,000 (or its equivalent in other currencies, calculated as of the date such proceeds are received) compensation in respect of any Casualty Event, Event affecting (i) any Hydrocarbon Property other than Unrestricted Properties of Canadian Forest or any Subsidiary Borrower incorporated in Canada or assets used in connection with the gas marketing business of any of the Borrower Subsidiary Borrowers incorporated in Canada (or any Restricted Subsidiary or (ii) any Foreign Assets Forest, in the case of the Borrower or any Restricted Subsidiary, Forest Pledged Properties) the Borrower shall, or as applicable, Company shall cause the applicable Restricted Subsidiary to (in each case, only if required by the Administrative Agent to do so) repay prepay the Loans to the extent of such Net Available Proceeds (and/or provide cash collateral cover for the Letter of Credit and Bankers' Acceptance Liabilities as specified in clause (eh) below), and if such Casualty Event or series of related Casualty Events shall result in the receipt by the Borrower Company or any of its Restricted Subsidiaries the Subsidiary Borrowers incorporated in Canada (or Forest, in the case of the Forest Pledged Properties) of Net Available Proceeds in excess of $2,000,000 (2,500,000 or its equivalent amount the Equivalent Amount in other currencies, calculated as of the date such proceeds are received) in any Determination PeriodCanadian Dollars, the Combined Majority BanksLenders, in their sole discretion based on their review of such Casualty Event, may reduce the Borrowing Base, such reduction in any event not to be Base in an aggregate amount not in excess of 100% of the Net Available Proceeds of such Casualty EventEvent not theretofore applied to the repair or replacement of such Hydrocarbon Property, or such lesser amount as may be is specified in a written notice from the Combined Majority BanksLenders, such prepayment and reduction to be effected in each case in the manner and to the extent specified in clause (eg) of this Section 2.102.11. Nothing in this clause (be) shall be deemed to limit any obligation of the Borrower and any of its Restricted Subsidiaries Company pursuant to any of the Security Documents to remit to a collateral or similar account maintained by the Administrative Agent pursuant to any of the Security Documents the proceeds of insurance, condemnation award or other compensation received in respect of any Casualty Event.";
Appears in 1 contract
Samples: Canadian Forest Oil LTD
Casualty Events. Upon the date (the “Insurance Date”) 30 Not later than 60 days following the receipt by the Borrower Company or any of its Restricted Subsidiaries of the Net Available Proceeds proceeds of insurance, condemnation award or other compensation, in each case in excess of $2,000,000 (or its equivalent in other currencies, calculated as of the date such proceeds are received) compensation in respect of any Casualty Event, Event affecting (i) any Hydrocarbon Property of any Supplemental Guarantor or acquired with the Borrower proceeds of CREDIT AGREEMENT Facility C Loans or any Restricted Subsidiary or (ii) any Foreign Assets of the Borrower or any Restricted Subsidiary, the Borrower shall, or as applicable, shall cause the applicable Restricted Subsidiary to (in each case, only if required by the Administrative Agent to do so) repay the Facility D Loans to the extent of such Net Available Proceeds (and/or provide cash collateral for the Letter of Credit Liabilities as specified in clause (e) below), and if such Casualty Event or series of related Casualty Events shall result in the receipt by the Borrower or any of its Restricted Subsidiaries of Net Available Proceeds in excess of $2,000,000 hereunder (or its equivalent amount in other currencies, calculated upon such earlier date as of the date Person owning such proceeds are received) in any Determination Period, Property shall have determined not to repair or replace the Majority Banks, based on their review of Property affected by such Casualty Event), the Company shall prepay the Facility C Loans or Facility D Loans, as the case may reduce the Borrowing Basebe, such reduction in any event not to be in an aggregate amount in excess of amount, if any, equal to 100% of the Net Available Proceeds of such Casualty Event, Event not theretofore applied to the repair or replacement of such lesser amount as may be specified in a written notice from the Majority BanksProperty, such prepayment and reduction prepayments to be effected in each such case in the manner and to the extent specified in clause paragraph (e) ). In the event that such Net Available Proceeds exceed the outstanding amount of this Section 2.10the Facility C Loans or Facility D Loans, such excess shall be applied to the prepayment of the Facility B Loans in accordance with the terms of the Existing Credit Agreement. Nothing in this clause paragraph (ba) shall be deemed to limit any obligation of the Borrower and Company or any of its Restricted Subsidiaries pursuant to any of the Security Documents to remit to a collateral or similar account (including, without limitation, the Collateral Account) maintained by the Administrative Agent pursuant to any of the Security Documents the proceeds of insurance, condemnation award or other compensation received in respect of any Casualty Event. Notwithstanding the foregoing, in the event that a Casualty Event shall occur with respect to Property of a Supplemental Guarantor or acquired with the proceeds of Facility C Loans or Facility D Loans hereunder and covered by any Mortgage, the Company shall prepay the Facility C Loans or the Facility D Loans on the dates and in the amounts specified in such Mortgage. In the event of a Casualty Event involving Property not covered by this Section 2.09(a), the Net Available Proceeds of such Casualty Event shall be applied in accordance with the terms of the Existing Credit Agreement.
Appears in 1 contract
Samples: Credit Agreement (Suiza Foods Corp)
Casualty Events. Upon the date (the “Insurance Date”) 30 Not later than 270 days following the after receipt by the any Borrower or any of its Restricted Subsidiaries of the Net Available Proceeds of insurance, condemnation award or other compensation, in each case in excess of $2,000,000 (or its equivalent in other currencies, calculated as of the date such proceeds are received) in respect a Subsidiary thereof of any Casualty Event, affecting (i) any Hydrocarbon Property of the Borrower or any Restricted Subsidiary or (ii) any Foreign Assets of the Borrower or any Restricted Subsidiary, the Borrower shall, or as applicable, shall cause the applicable Restricted Subsidiary to (in each case, only if required by the Administrative Agent to do so) repay the Loans to the extent of such Net Available Proceeds (and/or provide cash collateral for the Letter of Credit Liabilities as specified in clause (e) below), and if such Casualty Event or series of related Casualty Events shall result in the receipt by the Borrower or any of its Restricted Subsidiaries of Net Available Proceeds in excess of $2,000,000 (or its equivalent amount in other currencies, calculated as of the date such proceeds are received) in any Determination Period, the Majority Banks, based on their review of such Casualty Event, may reduce the Borrowing Base, such reduction in any event not to be in an aggregate amount in excess of 100% of the Net Available Proceeds of such Casualty Event, or such lesser amount as may be specified in a written notice from the Majority Banks, such prepayment and reduction to be effected in each case in the manner and to the extent specified in clause (e) of this Section 2.10. Nothing in this clause (b) shall be deemed to limit any obligation of the Borrower and any of its Restricted Subsidiaries pursuant to any of the Security Documents to remit to a collateral or similar account maintained by the Administrative Agent the proceeds of insurance, condemnation award or other compensation received in respect of any Casualty Event (or, if earlier, upon its determination not to repair or replace any property subject to such Casualty Event or to acquire assets used or useable in the business of the Parent and its Subsidiaries), the Borrowers will prepay the outstanding principal amount of the Loans in an amount equal to 100% of the Net Cash Proceeds from such Casualty Event, less any amounts (A) under $2,500,000 for each occurrence or series of related occurrences or (B) theretofore applied (or contractually committed to be applied) to the repair or replacement of property subject to such Casualty Event or to acquire assets used or useable in the business of the Parent and its Subsidiaries and will deliver to the Administrative Agent, concurrently with such prepayment, a certificate signed by a Financial Officer of the Borrowers in form and substance satisfactory to the Administrative Agent and setting forth the calculation of such Net Cash Proceeds; provided, however, that, notwithstanding the foregoing, (i) except as otherwise provided in this Agreement (including in clause (ii) below) or in any other Credit Document, the Administrative Agent shall turn over to the Borrowers any such proceeds received during such 270-day period (unless the Borrowers have, prior to the Administrative Agent’s receipt of such proceeds, notified the Administrative Agent of their determination not to repair or replace the property subject to the applicable Casualty Event or to acquire assets used or useable in the business of the Borrowers and their Subsidiaries), and (ii) any and all such proceeds received or held by the Administrative Agent or the Borrowers or any of their Subsidiaries during the continuance of an Event of Default (regardless of any proposed or actual use thereof for repair, replacement or reinvestment) shall be applied to prepay the outstanding principal amount of the Loans; and provided further that no prepayment shall be required with respect to Net Cash Proceeds received by an Insurance Subsidiary to the extent that such proceeds must be retained by such Insurance Subsidiary to satisfy an applicable Requirement of Law or if such retention is, in the opinion of any applicable Governmental Authority, necessary or appropriate to maintain the soundness of such Insurance Subsidiary, whether or not the opinion of such Governmental Authority has the force of law.
Appears in 1 contract
Casualty Events. Upon the date Not later than ten (the “Insurance Date”10) 30 days Business Days following the receipt of any Net Cash Proceeds from a Casualty Event by any Group Member, the Borrower or any shall apply an amount equal to 100% of its Restricted Subsidiaries of such Net Cash Proceeds to make prepayments in accordance with Section 2.10(h) and (i); provided that (i) such Net Cash Proceeds shall not be required to be so applied on such date to the extent that (A) (x) the Net Available Cash Proceeds of insurance, condemnation award a Casualty Event do not exceed the greater of $1,500,000 and 5.0% of Consolidated EBITDA for the most recently ended Test Period per Casualty Event or other compensation, (y) in each case respect of Net Cash Proceeds not in excess of $2,000,000 3,000,000 and 10% of Consolidated EBITDA for the most recently ended Test Period in any twelve month period (the “Casualty Event Threshold”), or its equivalent (B) in other currenciesthe event that such Net Cash Proceeds exceed the Casualty Event Threshold, calculated as such proceeds in excess of the date such proceeds Casualty Event Threshold (x) are received) expected to be used to repair, replace or restore any Property in respect of any Casualty Event, affecting (i) any Hydrocarbon Property which such Net Cash Proceeds were paid or to reinvest in other fixed or Capital Assets or assets that are otherwise used or useful in the business of the Borrower Group Members (including pursuant to a Permitted Acquisition, Investment or Capital Expenditure) or to be contractually committed (including, without limitation, pursuant to any Restricted Subsidiary or (iiletter of intent) any Foreign Assets of the Borrower or any Restricted Subsidiaryto be so reinvested, the Borrower shall, or as applicable, shall cause the applicable Restricted Subsidiary to (in each case, only no later than 18 months (or within 24 months following receipt thereof if required such contractual commitment to reinvest has been entered into within 18 months following receipt thereof) following the date of receipt of such proceeds (provided, that, in each case, for the avoidance of doubt, no specific assets need be identified by the Administrative Agent to do soBorrower) repay the Loans to the extent of or (y) such Excess Net Available Cash Proceeds (and/or provide cash collateral for the Letter of Credit Liabilities as specified in clause (e) below), and if such Casualty Event or series of related Casualty Events shall result in the receipt by the Borrower or any of its Restricted Subsidiaries of Net Available Proceeds in excess of $2,000,000 (or its equivalent amount in other currencies, calculated as of the date such proceeds are received) in any Determination Period, the Majority Banks, based on their review of such Casualty Event, may reduce the Borrowing Base, such reduction in any event not to be in an aggregate amount in excess of 100% of the Net Available Proceeds of such Casualty Event, or such lesser amount as may be specified in a written notice from the Majority Banks, such prepayment and reduction to be effected in each case in the manner and to the extent specified in clause (e) of this Section 2.10. Nothing in this clause (b) shall be deemed to limit have been reinvested in assets used or useful in the business of any obligation of the Borrower and any of its Restricted Subsidiaries Group Member (including pursuant to a Permitted Acquisition, Investment or Capital Expenditure) pursuant to any such investment occurring in the ninety (90) days preceding such date); and (ii) if all or any portion of such Net Cash Proceeds is contractually committed (including, without limitation, pursuant to any letter of intent) within such 18 month period to be so reinvested within such 24 month period but is not actually reinvested within 24 months of the Security Documents to remit to receipt of the Net Cash Proceeds related thereto, such unused portion shall be applied within ten (10) Business Days after the last day of such period as a collateral or similar account maintained by the Administrative Agent the proceeds of insurance, condemnation award or other compensation received mandatory prepayment as provided in respect of any Casualty Eventthis Section 2.10(e).
Appears in 1 contract
Samples: First Lien Credit Agreement (Allvue Systems Holdings, Inc.)
Casualty Events. Upon the date (the “Insurance Date”) 30 180 days following the receipt --------------- by the Borrower or any of its Restricted Subsidiaries Obligor of the Net Available Proceeds proceeds of insurance, condemnation award or other compensation, in each case in excess of $2,000,000 (or its equivalent in other currencies, calculated as of the date such proceeds are received) compensation in respect of any Casualty Event, Event affecting (i) any Hydrocarbon Property of the Borrower or any Restricted Subsidiary of its Subsidiaries (or (ii) any Foreign Assets of upon such earlier date as the Borrower or any Restricted such Subsidiary, as the case may be, shall have determined not to repair or replace the Property affected by such Casualty Event), the Borrower shall, or as applicable, shall cause the applicable Restricted Subsidiary to (in each case, only if required by the Administrative Agent to do so) repay prepay the Loans to the extent of such Net Available Proceeds (and/or provide cash collateral cover for the Letter of Credit Liabilities as specified provided in clause paragraph (eh) below), and if such Casualty Event or series of related Casualty Events the Facility A Revolving Credit Commitments shall result in the receipt by the Borrower or any of its Restricted Subsidiaries of Net Available Proceeds in excess of $2,000,000 (or its equivalent amount in other currenciesbe subject to automatic reduction, calculated as of the date such proceeds are received) in any Determination Period, the Majority Banks, based on their review of such Casualty Event, may reduce the Borrowing Base, such reduction in any event not to be in an aggregate amount in excess of equal to 100% of the Net Available Proceeds of such Casualty Event, Event not theretofore applied to the repair or replacement of such lesser amount as may be specified in a written notice from Property (or to reimburse the Majority BanksBorrower or respective Subsidiary for repairing or replacing such Property), such prepayment and reduction to be effected applied in each case in the manner and to the extent specified in clause accordance with paragraph (e) of below. Notwithstanding the foregoing, the Borrower shall not be required to make any prepayment under this Section 2.102.10(c) unless the Net Available Proceeds of a Casualty Event shall be greater than or equal to $1,000,000. Nothing in this clause paragraph (bc) shall be deemed to limit any obligation of the Borrower and or any of its Restricted Subsidiaries pursuant to any of the Security Documents to remit to a collateral or similar account maintained by the Administrative Agent pursuant to any of the Security Documents the proceeds of insurance, condemnation award or other compensation received in respect of any Casualty EventEvent or to obligate the Administrative Agent to release any of such proceeds from such account to the Borrower for purposes of repair, replacement or reinvestment as aforesaid upon the occurrence and during the continuance of an Event of Default.
Appears in 1 contract
Samples: Credit Agreement (Premier Parks Inc)
Casualty Events. Upon the date (the “Insurance Date”) 30 days twenty Business Days following the receipt by the Borrower or any of its Restricted Subsidiaries of the Net Available Proceeds proceeds of insurance, condemnation award or other compensation, in each case in excess of $2,000,000 (or its equivalent in other currencies, calculated as of the date such proceeds are received) compensation in respect of any Casualty Event, Event affecting (i) any Hydrocarbon Property property of the Borrower or any Restricted Subsidiary or (ii) any Foreign Assets of the Borrower or any Restricted Subsidiary, the Borrower shall, or as applicable, shall cause the applicable Restricted Subsidiary to (in each case, only if required by the Administrative Agent to do so) repay the Loans to the extent of such Net Available Proceeds (and/or provide cash collateral for the Letter of Credit Liabilities as specified in clause (e) below), and if such Casualty Event or series of related Casualty Events shall result in the receipt by the Borrower or any of its Restricted Subsidiaries of Net Available Proceeds in excess of $2,000,000 (or its equivalent amount in other currencies, calculated as of the date such proceeds are received) in any Determination PeriodSubsidiaries, the Majority Banks, based on their review of such Casualty Event, may reduce Borrower shall prepay the Borrowing Base, such reduction in any event not to be Senior Notes and the Loans in an aggregate amount in excess of amount, if any, equal to 100% of the Net Available Proceeds of such Casualty Event, or such lesser amount as may be specified in a written notice from the Majority Banks, such prepayment and reduction to be effected in each case in the manner and to the extent specified in Section 4.1 of the Intercreditor Agreement and clause (evi) of this Section 2.10below. Nothing in this clause paragraph (bbut subject to the following two sentences) shall be deemed to limit any obligation of the Borrower and or any of its Restricted Subsidiaries pursuant to any of the Security Documents to remit to a collateral or similar account maintained by any Secured Party pursuant to any of the Administrative Agent Security Documents the proceeds of insurance, condemnation award or other compensation received in respect of any Casualty Event. Notwithstanding the foregoing, the Borrower may use Net Available Proceeds of any Casualty Event to repair or replace any property destroyed or damaged by such Casualty Event (and to pay related costs and expenses), provided that (x) the Borrower determines that the repair or replacement of such property is in the best interest of the Borrower, (y) the Borrower notifies the Lender, within ten Business Days of the occurrence of such Casualty Event, of the Borrower’s intention to do so and commences such repair or replacement within ten days after the giving of such notice and (z) the cost of such repair or replacement will not exceed such Net Available Proceeds by more than 10%. Any such Net Available Proceeds not used for the repair or replacement of such property shall be promptly applied to the prepayment of the Senior Notes and the Loans as provided above.
Appears in 1 contract
Samples: Credit Agreement (Ampex Corp /De/)
Casualty Events. Upon the date (the “Insurance Date”) 30 180 days following the receipt by the Borrower or any of its Restricted Subsidiaries Obligor of the Net Available Proceeds proceeds of insurance, condemnation award or other compensation, in each case in excess of $2,000,000 (or its equivalent in other currencies, calculated as of the date such proceeds are received) compensation in respect of any Casualty Event, Event affecting (i) any Hydrocarbon Property of the Borrower or any Restricted Subsidiary of its Subsidiaries (or (ii) any Foreign Assets of upon such earlier date as the Borrower or any Restricted such Subsidiary, as the case may be, shall have determined not to repair or replace the Property affected by such Casualty Event), the Borrower shall, or as applicable, shall cause prepay the applicable Restricted Subsidiary to (in each case, only if required by the Administrative Agent to do so) repay the Loans to the extent of such Net Available Proceeds (and/or provide cash collateral for the Letter of Credit Liabilities as specified in clause (e) below)Facility A and Facility B Term Loans, and if such Casualty Event or series of related Casualty Events the Facility A and Facility B Commitments shall result in the receipt by the Borrower or any of its Restricted Subsidiaries of Net Available Proceeds in excess of $2,000,000 (or its equivalent amount in other currenciesbe subject to automatic reduction, calculated as of the date such proceeds are received) in any Determination Period, the Majority Banks, based on their review of such Casualty Event, may reduce the Borrowing Base, such reduction in any event not to be in an aggregate amount in excess of amount, if any, equal to 100% of the Net Available Proceeds of such Casualty Event, Event not theretofore applied to the repair or replacement of such lesser amount as may be specified in a written notice from Property (or to reimburse the Majority BanksBorrower or respective Subsidiary for repairing or replacing such Property), such prepayment and reduction to be effected in each case as follows: first, to the prepayment of the Sub-Series of Term Loans (if any) secured by the respective Property that was the subject of such Casualty Event, to the installments of such Sub-Series in the manner inverse order of maturity; and second, after the prepayment in full of such Sub-Series (or, in the event such Property was not collateral security for any of the Term Loans), to the prepayment of the Facility A and Facility B Term Loans ratably in accordance with the respective then-outstanding aggregate principal amounts thereof (and, to the extent such prepayment shall exceed the then outstanding aggregate principal amount of the Term Loans and shall occur prior to the Term Loan Commitment Termination Date, the Facility A and Facility B Term Loan Commitments shall be concurrently reduced in an Credit Agreement amount equal to the respective amounts of such required prepayments in respect of such Loans), each such prepayment of the Term Loans of any Class being applied ratably to each Sub-Series of the Loans of such Class in accordance with the respective then-outstanding aggregate amounts of such Sub- Series, and to the extent specified installments thereof in clause (e) the inverse order of maturity. Notwithstanding the foregoing, the Borrower shall not be required to make any prepayment under this Section 2.102.10(c) unless the Net Available Proceeds of a Casualty Event shall be greater than or equal to $100,000. Nothing in this clause paragraph (bc) shall be deemed to limit any obligation of the Borrower and or any of its Restricted Subsidiaries pursuant to any of the Security Documents to remit to a collateral or similar account maintained by the Administrative Agent pursuant to any of the Security Documents the proceeds of insurance, condemnation award or other compensation received in respect of any Casualty EventEvent or to obligate the Administrative Agent to release any of such proceeds from such account to the Borrower for purposes of reinvestment as aforesaid upon the occurrence and during the continuance of an Event of Default.
Appears in 1 contract
Samples: Credit Agreement (Premier Parks Inc)
Casualty Events. Upon the date (the “Insurance Date”) 30 Not later than 60 days following the receipt by the Borrower Company or any of its Restricted Subsidiaries of the Net Available Proceeds proceeds of insurance, condemnation award or other compensation, in each case in excess of $2,000,000 (or its equivalent in other currencies, calculated as of the date such proceeds are received) compensation in respect of any Casualty Event, Event affecting (i) any Hydrocarbon Property of any Supplemental Guarantor or acquired with the Borrower proceeds of Facility C Loans or any Restricted Subsidiary or (ii) any Foreign Assets of the Borrower or any Restricted Subsidiary, the Borrower shall, or as applicable, shall cause the applicable Restricted Subsidiary to (in each case, only if required by the Administrative Agent to do so) repay the Facility D Loans to the extent of such Net Available Proceeds (and/or provide cash collateral for the Letter of Credit Liabilities as specified in clause (e) below), and if such Casualty Event or series of related Casualty Events shall result in the receipt by the Borrower or any of its Restricted Subsidiaries of Net Available Proceeds in excess of $2,000,000 hereunder (or its equivalent amount in other currencies, calculated upon such earlier date as of the date Person owning such proceeds are received) in any Determination Period, Property shall have determined not to repair or replace the Majority Banks, based on their review of Property affected by such Casualty Event), the Company shall prepay the Facility C Loans or Facility D Loans, as the case may reduce the Borrowing Basebe, such reduction in any event not to be in an aggregate amount in excess of amount, if any, equal to 100% of the Net Available Proceeds of such Casualty Event, Event not theretofore applied to the repair or replacement of such lesser amount as may be specified in a written notice from the Majority BanksProperty, such prepayment and reduction prepayments to be effected in each such case in the manner and to the extent specified in clause paragraph (e) ). In the event that such Net Available Proceeds exceed the outstanding amount of this Section 2.10the Facility C Loans or Facility D Loans, such excess shall be applied to the prepayment of the Facility B Loans in accordance with the terms of the Existing Credit Agreement. Nothing in this clause paragraph (ba) shall be deemed to limit any obligation of the Borrower and Company or any of its Restricted Subsidiaries pursuant to any of the Security Documents to remit to a collateral or similar account (including, without limitation, the Collateral Account) maintained by the Administrative Agent pursuant to any of the Security Documents the proceeds of insurance, condemnation award or other compensation received in respect of any Casualty Event. Notwithstanding the foregoing, in the event that a Casualty Event shall occur with respect to Property of a Supplemental Guarantor or acquired with the proceeds of Facility C Loans or Facility D Loans hereunder and covered by any Mortgage, the Company shall prepay the Facility C Loans or the Facility D Loans on the dates and in the amounts specified in such Mortgage. In the event of a Casualty Event involving Property not covered by this Section 2.09(a), the Net Available Proceeds of such Casualty Event shall be applied in accordance with the terms of the Existing Credit Agreement.
Appears in 1 contract
Samples: Execution Copy (Suiza Foods Corp)
Casualty Events. Upon the date (the “Insurance Date”) 30 90 days following the receipt by the Borrower SSC or any of its Restricted Subsidiaries of the Net Available Proceeds proceeds of insurance, condemnation award or other compensation, in each case in excess of $2,000,000 (or its equivalent in other currencies, calculated as of the date such proceeds are received) compensation in respect of any Casualty Event, Event affecting (i) any Hydrocarbon Property of the SSC or any of its Restricted Subsidiaries (or upon such earlier date as such Borrower or any Restricted Subsidiary or (ii) any Foreign Assets of the Borrower or any Restricted Subsidiary, as the Borrower shall, or as applicablecase may be, shall cause have determined not to repair or replace the applicable Restricted Subsidiary to (in each caseProperty affected by such Casualty Event), only if required by the Administrative Agent to do so) repay Borrowers shall prepay the Loans to the extent of such Net Available Proceeds (and/or provide cash collateral cover for the Letter of Credit Liabilities as specified in clause paragraph (eh) below), and if such Casualty Event or series of related Casualty Events the Commitments shall result in the receipt by the Borrower or any of its Restricted Subsidiaries of Net Available Proceeds in excess of $2,000,000 (or its equivalent amount in other currenciesbe subject to automatic reduction, calculated as of the date such proceeds are received) in any Determination Period, the Majority Banks, based on their review of such Casualty Event, may reduce the Borrowing Base, such reduction in any event not to be in an aggregate amount in excess of amount, equal to 100% of the Net Available Proceeds of such Casualty Event, Event not theretofore applied to the repair or replacement of such lesser amount as may be specified in a written notice from the Majority BanksProperty, such prepayment and reduction to be effected in each case in the manner and to the extent specified in clause paragraph (eg) of this Section 2.10. Nothing in this clause paragraph (b) shall be deemed to limit any obligation of the Borrower and SSC or any of its Restricted Subsidiaries pursuant to any of the Security Documents to remit to a collateral or similar account (including, without limitation, the Collateral Account) maintained by the Administrative Agent pursuant to any of the Security Documents the proceeds of insurance, condemnation award or other compensation received in respect of any Casualty Event.. Notwithstanding the foregoing, the Borrowers shall not be required to make a prepayment pursuant to this paragraph (b) with respect to (and the Commitments shall not be subject to reduction) (i) the first $1,000,000 of the Net Available Proceeds from Casualty Events received by SSC and its Restricted Subsidiaries after the Restatement Effective Date required to be so applied after giving effect to the following clause (ii) and (ii) the Net Available Proceeds from any Casualty Event in the event that the Borrowers advise the Administrative Agent not later than the 90th day following the date the Net Available Proceeds from such Casualty Event are received that they intend to use such Net Available Proceeds to repair or replace the Property that was the subject of such Casualty Event, so long as:
Appears in 1 contract
Casualty Events. (i) Upon the date (the “Insurance Date”"INSURANCE DATE") 30 days following the receipt by the Borrower Company or any of its Restricted Subsidiaries incorporated in the United States of the Net Available Proceeds proceeds of insurance, condemnation award or other compensationcompensation in respect of any Casualty Event affecting any Hydrocarbon Property other than Unrestricted Properties of the Company or any Restricted Subsidiary, the Company shall prepay the U.S. Loans (and/or provide cover for the U.S. Letter of Credit Liabilities as specified in each case clause (f) below), and if such Casualty Event shall result in the receipt by the Company or any of its Restricted Subsidiaries incorporated in the United States of Net Available Proceeds in excess of $2,000,000 U.S.$2,500,000 (or its equivalent in other currenciesCanadian Dollars, calculated as of the date such proceeds are received) in respect of any Casualty Event, affecting (i) any Hydrocarbon Property of the Borrower or any Restricted Subsidiary or (ii) any Foreign Assets of the Borrower or any Restricted Subsidiary), the Borrower shall, or as applicable, shall cause the applicable Restricted Subsidiary to (in each case, only if required by the Administrative Agent to do so) repay the Loans to the extent of such Net Available Proceeds (and/or provide cash collateral for the Letter of Credit Liabilities as specified in clause (e) below), and if such Casualty Event or series of related Casualty Events shall result in the receipt by the Borrower or any of its Restricted Subsidiaries of Net Available Proceeds in excess of $2,000,000 (or its equivalent amount in other currencies, calculated as of the date such proceeds are received) in any Determination Period, the Majority Combined Supermajority Banks, in their sole discretion based on their review of such Casualty Event, may reduce the Borrowing Base, such reduction in any event not to be Base in an aggregate amount not in excess of 100% of the Net Available Proceeds of such Casualty EventEvent not theretofore applied to the repair or replacement of such Hydrocarbon Property, or such lesser amount as may be is specified in a written notice from the Majority Combined Supermajority Banks, such prepayment and reduction to be effected in each case in the manner and to the extent specified in clause (e) of this Section 2.10. Nothing in this clause (b) shall be deemed to limit any obligation of the Borrower Company and any of its Restricted Subsidiaries incorporated in the United States pursuant to any of the Security Documents to remit to a collateral or similar account (including, without limitation, the Collateral Account) maintained by the Administrative U.S. Agent pursuant to any of the Security Documents the proceeds of insurance, condemnation award or other compensation received in respect of any Casualty Event.. (ii) Upon the date 30 days following the receipt by any Canadian Borrower of the proceeds of insurance, condemnation award or other compensation in respect of any Casualty Event affecting any Hydrocarbon Property other than Unrestricted Properties of any Canadian Borrower or assets used in connection with the gas marketing business of any Canadian Borrower, the Canadian Borrowers shall prepay the Canadian Loans (and/or provide cover for the Canadian Letter of Credit and Bankers' Acceptance Liabilities as specified in clause (f) below), and if such Casualty Event shall result in the receipt by any Canadian Borrower of Net Available Proceeds in excess of U.S.$2,500,000 (or its equivalent in Canadian Dollars, calculated as of the date such proceeds are
Appears in 1 contract
Samples: Credit Agreement (Forest Oil Corp)
Casualty Events. Upon On the date (the “Insurance Date”) 30 180 days following the receipt by the Borrower or any of its Restricted Subsidiaries Group Members of the Net Available Proceeds proceeds of any insurance, condemnation award or other compensation, in each case in excess of $2,000,000 (or its equivalent in other currencies, calculated as of the date such proceeds are received) compensation in respect of any Casualty Event, Event affecting (i) any Hydrocarbon Property of any Group Member (excluding any Group Member which is an Unrestricted Subsidiary) (or upon such earlier date as the Borrower respective Group Member shall have determined not to repair or any Restricted Subsidiary replace (with either identical or (iisubstantially similar Property) any Foreign Assets of the Borrower or any Restricted SubsidiaryProperty affected by such Casualty Event), the Borrower shall, or as applicable, shall cause the applicable Restricted Subsidiary to (in each case, only if required by the Administrative Agent to do so) repay prepay the Loans to the extent of such Net Available Proceeds (and/or provide cash collateral cover for the Letter of Credit Liabilities as specified in clause (eSections 2.03(b)(v) belowand 2.03(c)(vi) hereof), and if such Casualty Event or series of related Casualty Events the Revolving Credit Commitments shall result in the receipt by the Borrower or any of its Restricted Subsidiaries of Net Available Proceeds in excess of $2,000,000 (or its equivalent amount in other currenciesbe subject to automatic reduction, calculated as of the date such proceeds are received) in any Determination Period, the Majority Banks, based on their review of such Casualty Event, may reduce the Borrowing Base, such reduction in any event not to be in an aggregate amount in excess of amount, if any, equal to 100% of the Net Available Proceeds of such Casualty Event, Event not theretofore promptly applied to the repair or replacement of such lesser amount as may be specified in a written notice from the Majority BanksProperty, such prepayment and reduction to be effected in each case in the manner and to the extent specified in clause paragraph (ei) below. Notwithstanding the foregoing, in the event that a Casualty Event shall occur with respect to Property covered by the Mortgages, the Borrower shall prepay the Loans (and/or provide cover for Letter of this Section 2.10Credit Liabilities as specified in said Sections 2.03(b)(v) and 2.03(c)(vi)), and the Revolving Credit Commitments shall be subject to automatic reduction, on the dates, and in the amounts of the required prepayments, specified in the Mortgages. Nothing in this clause paragraph (ba) shall be deemed to limit any obligation of the Borrower and any of its Restricted Subsidiaries Group Members pursuant to any of the Security Documents to remit to a collateral or similar account maintained by the Administrative Agent pursuant to any of the Security Documents the proceeds of insurance, condemnation award or other compensation received in respect of any Casualty Event.
Appears in 1 contract
Samples: Credit Agreement (Polymer Group Inc)
Casualty Events. Upon the date (the “Insurance Date”) 30 180 days following the --------------- receipt by the Borrower or any of its Restricted Subsidiaries of the Net Available Proceeds proceeds of insurance, condemnation award or other compensation, in each case in excess of $2,000,000 (or its equivalent in other currencies, calculated as of the date such proceeds are received) compensation in respect of any Casualty Event, Event affecting (i) any Hydrocarbon Property of the Borrower or any Restricted Subsidiary of its Subsidiaries (or (ii) any Foreign Assets of upon such earlier date as the Borrower or any Restricted such Subsidiary, as the case may be, shall have determined not to repair or replace the Property affected by such Casualty Event), the Borrower shall, or as applicable, shall cause the applicable Restricted Subsidiary to (in each case, only if required by the Administrative Agent to do so) repay prepay the Loans to the extent of such Net Available Proceeds (and/or provide cash collateral cover for the Letter of Credit Liabilities as specified in clause (e) belowLiabilities), and if such Casualty Event or series of related Casualty Events the Facility A Revolving Credit Commitments shall result in the receipt by the Borrower or any of its Restricted Subsidiaries of Net Available Proceeds in excess of $2,000,000 (or its equivalent amount in other currenciesbe subject to automatic reduction, calculated as of the date such proceeds are received) in any Determination Period, the Majority Banks, based on their review of such Casualty Event, may reduce the Borrowing Base, such reduction in any event not to be in an aggregate amount in excess of equal to 100% of the Net Available Proceeds of such Casualty Event, Event not theretofore applied to the repair or replacement of such lesser amount as may be specified in a written notice from Property (or to reimburse the Majority BanksBorrower or respective Subsidiary for repairing or replacing such Property), such prepayment and reduction to be effected applied in each case in the manner and to the extent specified in clause accordance with paragraph (e) of below. Notwithstanding the foregoing, the Borrower shall not be required to make any prepayment under this Section 2.102.10(c) unless the Net Available Proceeds of a Casualty Event shall be greater than or equal to $1,000,000. Nothing in this clause paragraph (bc) shall be deemed to limit any obligation of the Borrower and or any of its Restricted Subsidiaries pursuant to any of the Security Documents to remit to a collateral or similar account maintained by the Administrative Agent pursuant to any of the Security Documents the proceeds of insurance, condemnation award or other compensation received in respect of any Casualty EventEvent or to obligate the Administrative Agent to release any of such proceeds from such account to the Borrower for purposes of repair, replacement or reinvestment as aforesaid upon the occurrence and during the continuance of an Event of Default.
Appears in 1 contract
Samples: Credit Agreement (Premier Parks Inc)
Casualty Events. Upon the date (the “Insurance Date”) 30 Not later than 60 days following the receipt by the Borrower Company or any of its Restricted Subsidiaries (other than a Supplemental Guarantor) of the Net Available Proceeds proceeds of insurance, condemnation award or other compensation, in each case in excess of $2,000,000 (or its equivalent in other currencies, calculated as of the date such proceeds are received) compensation in respect of any Casualty Event, Event affecting (i) any Hydrocarbon Property of the Borrower Company or any Restricted Subsidiary of its Subsidiaries (other than Property of a Supplemental Guarantor or acquired with the proceeds of Facility C Loans under the Supplemental Credit Agreement) (ii) any Foreign Assets of or upon such earlier date as the Borrower Person owning such Property shall have determined not to repair or any Restricted Subsidiaryreplace the Property affected by such Casualty Event), the Borrower shall, or as applicable, Company shall cause the applicable Restricted Subsidiary to (in each case, only if required by the Administrative Agent to do so) repay prepay the Loans to the extent of such Net Available Proceeds (and/or provide cash collateral cover for the Letter of Credit Liabilities as specified in clause paragraph (eh) below), and if such Casualty Event or series of related Casualty Events the Facility A Commitments shall result in the receipt by the Borrower or any of its Restricted Subsidiaries of Net Available Proceeds in excess of $2,000,000 (or its equivalent amount in other currenciesbe subject to automatic reduction, calculated as of the date such proceeds are received) in any Determination Period, the Majority Banks, based on their review of such Casualty Event, may reduce the Borrowing Base, such reduction in any event not to be in an aggregate amount in excess of amount, if any, equal to 100% of the Net Available Proceeds of such Casualty Event, Event not theretofore applied to the repair or replacement of such lesser amount as may be specified in a written notice from Property or prepayment of the Majority BanksFacility B Loans, such prepayment and reduction to be effected in each such case in the manner and to the extent specified in clause paragraph (ef) of this Section 2.10below. Nothing in this clause paragraph (b) shall be deemed to limit any obligation of the Borrower and Company or any of its Restricted Subsidiaries pursuant to any of the Security Documents to remit to a collateral or similar account (including, without limitation, the Collateral Account) maintained by the Administrative Agent pursuant to any of the Security Documents the proceeds of insurance, condemnation award or other compensation received in respect of any Casualty Event. Notwithstanding the foregoing, in the event that a Casualty Event shall occur with respect to Property of the Company or any of its Subsidiaries (other than Property of a Supplemental Guarantor or acquired with the proceeds of Facility C Loans under the Supplemental Credit Agreement) and covered by any Mortgage, the Company shall prepay the Loans (and/or provide cover for Letter of Credit Liabilities) on the dates and in the amounts to the extent specified in such Mortgage. In the event of a Casualty Event involving Property of a Supplemental Guarantor or acquired with the proceeds of Facility C Loans under the Supplemental Credit Agreement, the Net Available Proceeds of such Casualty Event shall be applied in accordance with the terms of the Supplemental Credit Agreement.
Appears in 1 contract
Samples: Execution Copy (Suiza Foods Corp)
Casualty Events. Upon the date (the “Insurance Date”) 30 days following the receipt by the Borrower Company or any of its Restricted Subsidiaries incorporated in the United States of the Net Available Proceeds proceeds of insurance, condemnation award or other compensation, in each case in excess of $2,000,000 (or its equivalent in other currencies, calculated as of the date such proceeds are received) compensation in respect of any Casualty Event, Event affecting (i) any Hydrocarbon Property other than Unrestricted Properties of the Borrower or any Restricted Subsidiary or (ii) any Foreign Assets of the Borrower or any Restricted Subsidiary, the Borrower shall, or as applicable, Company shall cause the applicable Restricted Subsidiary to (in each case, only if required by the Administrative Agent to do so) repay prepay the Loans to the extent of such Net Available Proceeds (and/or provide cash collateral cover for the Letter of Credit Liabilities as specified in clause (e) below), and if such Casualty Event or series of related Casualty Events shall result in the receipt by the Borrower Company or any of its Restricted Subsidiaries incorporated in the United States of Net Available Proceeds in excess of $2,000,000 (or its equivalent amount in other currencies, calculated as of the date such proceeds are received) in any Determination Period2,500,000, the Combined Majority BanksLenders, in their sole discretion based on their review of such Casualty Event, may reduce the Borrowing Base, such reduction in any event not to be Base in an aggregate amount not in excess of 100% of the Net Available Proceeds of such Casualty EventEvent not theretofore applied to the repair or replacement of such Hydrocarbon Property, or such lesser amount as may be is specified in a written notice from the Combined Majority BanksLenders, such prepayment and reduction to be effected in each case in the manner and to the extent specified in clause (ed) of this Section 2.10. Nothing in this clause (b) shall be deemed to limit any obligation of the Borrower Company and any of its Restricted Subsidiaries incorporated in the United States pursuant to any of the Security Documents to remit to a collateral or similar account (including, without limitation, the Collateral Account) maintained by the Administrative Agent pursuant to any of the Security Documents the proceeds of insurance, condemnation award or other compensation received in respect of any Casualty Event.";
Appears in 1 contract
Samples: Canadian Forest Oil LTD