Common use of Curative Equity Clause in Contracts

Curative Equity. (a) Subject to the limitations set forth in clause (f) below, Borrowers may cure (and shall be deemed to have cured) an Event of Default arising out of a breach of any of the financial covenants set forth in clauses (a) or (b) of Section 7 (the “Specified Financial Covenants”) if they receive the cash proceeds of an investment of Curative Equity within 10 Business Days after the date that is the earlier to occur of (i) the date on which the Compliance Certificate is delivered to Agent in respect of the fiscal quarter with respect to which any such breach occurred and (ii) the date on which the Compliance Certificate is required to be delivered to Agent pursuant to Section 5.1 in respect of the fiscal quarter with respect to which any such breach occurred; provided that Borrowers’ right to so cure an Event of Default shall be contingent on their timely delivery of such Compliance Certificate as required under Section 5.1. On or before the earlier to occur of (i) the date on which the Compliance Certificate is required to be delivered pursuant to Section 5.1 for any fiscal quarter and (ii) the date on which the Compliance Certificate is actually delivered for any fiscal quarter, the Sponsor may issue to Agent and the Lenders a written binding commitment to make such investment of Curative Equity.

Curative Equity. (a) Subject to the limitations set forth in clause (f) below, Borrowers may cure (and shall be deemed to have cured) an Event of Default arising out of a breach of any of the financial covenants set forth in clauses clause (a) or (b) of Section 7 (the “Specified Financial Covenants”) if they receive the cash proceeds of an investment of Curative Equity within 10 Business Days after the date that is the earlier to occur of (i) the date on which the Compliance Certificate is delivered to Agent in respect of the fiscal quarter with respect to which any such breach occurred and (ii) the date on which the Compliance Certificate is required to be delivered to Agent pursuant to Section 5.1 in respect of the fiscal quarter with respect to which any such breach occurred; provided that Borrowers’ right to so cure an Event of Default shall be contingent on their timely delivery of such Compliance Certificate as required under Section 5.1. On or before the earlier to occur of (i) the date on which the Compliance Certificate is required to be delivered pursuant to Section 5.1 for any fiscal quarter and (ii) the date on which the Compliance Certificate is actually delivered for any fiscal quarter, the Sponsor may shall issue to Agent and the Lenders a written binding commitment to make such investment of Curative Equity.”; and