Common use of Cure Right Mechanics Clause in Contracts

Cure Right Mechanics. Notwithstanding anything to the contrary contained in Section 8.01, in the event that Borrower fails to comply with the requirements of Section 6.10(a), (b) or (c), until the expiration of the 10th day subsequent to the date the certificate calculating such covenant is required to be delivered pursuant to Section 5.01(c), Holdings shall have the right to issue Permitted Cure Securities for cash or otherwise receive cash contributions to the capital of Holdings, and, in each case, to contribute any such cash to the capital of Borrower (collectively, the "CURE RIGHT"), and upon the receipt by Borrower of such cash (the "CURE AMOUNT") pursuant to the exercise by Holdings of such Cure Right such covenant shall be recalculated giving effect to the following pro forma adjustments: (i) if such Cure Right is exercised with respect to (x) Section 6.10(a) or (b), Consolidated EBITDA shall be increased, solely for the purpose of measuring such covenants and not for any other purpose under this Agreement, by an amount equal to the Cure Amount and (y) Section 6.10(c), the amount of Capital Expenditures allowed for such period shall be increased, solely for the purpose of measuring such covenants and not for any other purpose under this Agreement, by an amount equal to the Cure Amount; and (ii) If, after giving effect to the foregoing recalculations, Holdings shall then be in compliance with the requirements of all such covenants, Holdings shall be deemed to have satisfied the requirements of such covenants as of the relevant date of determination with the same effect as though there had been no failure to comply therewith at such date, and the applicable breach or default of either such covenant that had occurred shall be deemed cured for this purposes of the Agreement.

Cure Right Mechanics. Notwithstanding anything to the contrary contained in Section 8.0110.01, in the event that the Parent Borrower fails to comply with the requirements of Section 6.10(a), (b) 9.12 or (c)9.13, until the expiration of the 10th day subsequent to the date the certificate Compliance Certificate calculating such covenant is required to be delivered pursuant to Section 5.01(c8.01(c), Holdings shall have the right to issue Permitted Cure Securities for cash or otherwise receive cash contributions to the common equity capital of Holdings, and, in each case, to contribute any such cash to the common equity capital of Parent Borrower (collectively, the "CURE RIGHT"“Cure Right”), and upon the receipt by Parent Borrower of such cash (the "CURE AMOUNT"“Cure Amount”) pursuant to the exercise by Holdings of such Cure Right such covenant shall be recalculated for such fiscal quarter and each of the three subsequent fiscal quarters giving effect to the following pro forma adjustments: (i) if such Cure Right is exercised with respect to (x) Section 6.10(a) 9.12 or (b)9.13, Consolidated EBITDA shall be increased, solely for the purpose latest Fiscal Quarter included in the Test Period for which the Compliance Certificate was required to be delivered and each of measuring such covenants and not for any other purpose under this Agreement, by an amount equal to the Cure Amount and (y) Section 6.10(c), the amount of Capital Expenditures allowed for such period three subsequent Test Periods shall be increased, solely for the purpose of measuring such covenants and not for any other purpose under this Agreement, by an amount equal to the Cure Amount; and (ii) Ifif, after giving effect to the foregoing recalculations, Holdings the Parent Borrower shall then be in compliance with the requirements of all such covenants, Holdings the Parent Borrower shall be deemed to have satisfied the requirements of such covenants as of the relevant date of determination with the same effect as though there had been no failure to comply therewith at such date, and the applicable breach or default of either any such covenant that had occurred shall be deemed cured for this purposes of the Agreement.

Cure Right Mechanics. Notwithstanding anything to the contrary contained in Section 8.0110.01, in the event that the Parent Borrower fails to comply with the requirements of Section 6.10(a)9.12, (b) 9.13 or (c)9.14, until the expiration of the 10th day subsequent to the date the certificate Compliance Certificate calculating such covenant is required to be delivered pursuant to Section 5.01(c8.01(c), Holdings shall have the right to issue Permitted Cure Securities for cash or otherwise receive cash contributions to the common equity capital of Holdings, and, in each case, to contribute any such cash to the common equity capital of Parent Borrower (collectively, the "CURE RIGHT"“Cure Right”), and upon the receipt by Parent Borrower of such cash (the "CURE AMOUNT"“Cure Amount”) pursuant to the exercise by Holdings of such Cure Right such covenant shall be recalculated for such fiscal quarter and each of the three subsequent fiscal quarters giving effect to the following pro forma adjustments: (i) if such Cure Right is exercised with respect to (x) Section 6.10(a) 9.12 or (b)9.13, Consolidated EBITDA for the latest Fiscal Quarter included in the Test Period for which the Compliance Certificate was required to be delivered and each of the three subsequent Test Periods shall be increased, solely for the purpose of measuring such covenants and not for any other purpose under this Agreement, by an amount equal to the Cure Amount and (y) Section 6.10(c)9.14, the amount of Total Capital Expenditures allowed for such period shall be increased, solely for the purpose of measuring such covenants and not for any other purpose under this Agreement, by an amount equal to the Cure Amount; and (ii) Ifif, after giving effect to the foregoing recalculations, Holdings the Parent Borrower shall then be in compliance with the requirements of all such covenants, Holdings the Parent Borrower shall be deemed to have satisfied the requirements of such covenants as of the relevant date of determination with the same effect as though there had been no failure to comply therewith at such date, and the applicable breach or default of either any such covenant that had occurred shall be deemed cured for this purposes of the Agreement.

Cure Right Mechanics. Notwithstanding anything to the contrary contained in Section 8.0110.01, in the event that the Borrower fails to comply with the requirements of Section 6.10(a)9.12, (b) 9.13 or (c)9.14, until the expiration of the 10th day subsequent to the date the certificate Compliance Certificate calculating such covenant is required to be delivered pursuant to Section 5.01(c8.01(c), Holdings shall have the right to issue Permitted Cure Securities for cash or otherwise receive cash contributions to the common equity capital of Holdings, and, in each case, to contribute any such cash to the common equity capital of Borrower (collectively, the "CURE RIGHT"“Cure Right”), and upon the receipt by Borrower of such cash (the "CURE AMOUNT"“Cure Amount”) pursuant to the exercise by Holdings of such Cure Right such covenant shall be recalculated giving effect to the following pro forma adjustments: (i) if such Cure Right is exercised with respect to (x) Section 6.10(a) 9.12 or (b)9.13, Consolidated EBITDA for the latest Fiscal Quarter included in the Test Period for which the Compliance Certificate was required to be delivered shall be increased, solely for the purpose of measuring such covenants and not for any other purpose under this Agreement, by an amount equal to the Cure Amount and (y) Section 6.10(c)9.14, the amount of Total Capital Expenditures allowed for such period shall be increased, solely for the purpose of measuring such covenants and not for any other purpose under this Agreement, by an amount equal to the Cure Amount; and (ii) Ifif, after giving effect to the foregoing recalculations, Holdings the Borrower shall then be in compliance with the requirements of all such covenants, Holdings the Borrower shall be deemed to have satisfied the requirements of such covenants as of the relevant date of determination with the same effect as though there had been no failure to comply therewith at such date, and the applicable breach or default of either any such covenant that had occurred shall be deemed cured for this purposes of the Agreement.

Cure Right Mechanics. Notwithstanding anything to the contrary contained in Section 8.0110.01, in the event that the Parent Borrower fails to comply with the requirements of Section 6.10(a)9.12, (b) 9.13 or (c)9.14, until the expiration expi- ration of the 10th day subsequent to the date the certificate Compliance Certificate calculating such covenant is required to be delivered pursuant to Section 5.01(c8.01(c), Holdings shall have the right to issue Permitted Cure Securities for cash or otherwise receive cash contributions to the common equity capital of Holdings, and, in each case, to contribute any such cash to the common equity capital of Parent Borrower (collectively, the "CURE RIGHT"“Cure Right”), and upon the receipt by Parent Borrower of such cash (the "CURE AMOUNT"“Cure Amount”) pursuant to the exercise by Holdings of such Cure Right such covenant shall be recalculated for such fiscal quarter and each of the three subsequent fiscal quarters giving effect to the following pro forma adjustments: (i) if such Cure Right is exercised with respect to (x) Section 6.10(a) 9.12 or (b)9.13, Consolidated EBITDA for the latest Fiscal Quarter included in the Test Period for which the Compliance Certificate was required to be delivered and each of the three subsequent Test Periods shall be increased, solely for the purpose of measuring such covenants and not for any other purpose under this Agreement, by an amount equal to the Cure Amount and (y) Section 6.10(c)9.14, the amount of Total Capital Expenditures allowed for such period shall be increased, solely for the purpose of measuring such covenants and not for any other purpose under this Agreement, by an amount equal to the Cure Amount; and (ii) Ifif, after giving effect to the foregoing recalculations, Holdings the Parent Borrower shall then be in compliance with the requirements of all such covenants, Holdings the Parent Borrower shall be deemed to have satisfied satis- fied the requirements of such covenants as of the relevant date of determination with the same effect as though there had been no failure to comply therewith at such date, and the applicable breach or default of either any such covenant that had occurred shall be deemed cured for this purposes of the Agreement.