Cure Right for Minimum Liquidity Covenant. In the event that the Borrower would otherwise fail to comply with the Minimum Liquidity covenant set forth in clause (c) above at any time (a “Minimum Liquidity Covenant Default”), then at any time prior to the date that is thirty (30) days after the date on which such Minimum Liquidity Covenant Default occurs, Borrower shall have the right (provided that such right may only be exercised once during the term of this Agreement) to have the amount of Borrower’s balance sheet cash be deemed to be increased by the amount of any cash proceeds of an investment made to Borrower by its shareholders after the date of such Minimum Liquidity Covenant Default in accordance with the terms and conditions of this clause (d). If Borrower provides to Agent evidence reasonably satisfactory to Agent that such cash proceeds were received by Borrower on or before the date that is thirty (30) days after the occurrence of the Minimum Liquidity Covenant Default, then the Minimum Liquidity covenant set forth in clause (c) above shall be recalculated as if such cash proceeds had been received on the date of such Minimum Liquidity Covenant Default. [*] Portions of this exhibit have been omitted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Commission.
Cure Right for Minimum Liquidity Covenant. In the event that the Borrower would otherwise fail to comply with the Minimum Liquidity covenant set forth in clause (c) above at any time (a “Minimum Liquidity Covenant Default”), then at any time prior to the date that is thirty (30) days after the date on which such Minimum Liquidity Covenant Default occurs, Borrower shall have the right (provided that such right may only be exercised once during the term of this Agreement) to have the amount of Borrower’s balance sheet cash be deemed to be increased by the amount of any cash proceeds of an investment made to Borrower by its shareholders after the date of such Minimum Liquidity Covenant Default in accordance with the terms and conditions of this clause (d). If Borrower provides to Agent evidence reasonably satisfactory to Agent that such cash proceeds were received by Borrower on or before the date that is thirty (30) days after the occurrence of the Minimum Liquidity Covenant Default, then the Minimum Liquidity covenant set forth in clause (c) above shall be recalculated as if such cash proceeds had been received on the date of such Minimum Liquidity Covenant Default. Reference is made to the Loan and Security Agreement, dated as of [ , ] (as amended, restated, supplemented or otherwise modified from time to time, the “Agreement”), among [Borrower Name], a [ ] [corporation/limited liability company/limited liability partnership/limited partnership] (the “Borrower”), the guarantors from time to time party thereto, General Electric Capital Corporation, a Delaware corporation (“GECC”), as a lender and as agent (in such capacity, together with its successors and assigns in such capacity, “Agent”), and the other lenders signatory thereto from time to time (GECC and such other lenders, the “Lenders”). Capitalized terms used but not defined herein are used with the meanings assigned to such terms in the Agreement. Borrower hereby gives irrevocable notice, pursuant to Section 2.2(a) of the Agreement, of its request for a Revolving Loan to be made on [ , ] in the aggregate amount of [$ ], to be made as {a Base Rate Loan} {a LIBOR Loan}. Borrower hereby (i) represents and warrants that all of the conditions contained in Sections 2.2(a) and 4.2 of the Loan Agreement have been satisfied on and as of the date hereof, and will continue to be satisfied on and as of the date of the Revolving Loan requested hereby, before and after giving effect thereto and to the application of the proceeds therefrom and (ii) reaffir...
