Common use of Cure Right Clause in Contracts

Cure Right. (a) Notwithstanding anything to the contrary contained in Sections 8.1 and 8.2, if Holdings fails to comply with the Financial Covenant as of the end of any Fiscal Quarter, until the expiration of the tenth Business Day subsequent to the date the Compliance Certificate for such Fiscal Quarter is required to be delivered pursuant to Section 5.1(c) (the last day of such period being the “Anticipated Cure Deadline”), each of Holdings and LLC Subsidiary shall have the right to issue Qualified Equity Interests for cash (the net cash proceeds received thereof, the “Cure Amount” and, such right, the “Cure Right”); provided, (i) no more than five Cure Rights may be exercised during the term of this Agreement; (ii) no more than two Cure Rights may be exercised during any consecutive four Fiscal Quarters; (iii) no Cure Amount shall exceed the amount necessary to cause compliance with the Financial Covenant for the period then ended; and (iv) such Cure Amount shall have been contributed to the capital of the Borrowers.

Cure Right. (a) Notwithstanding anything to the contrary contained in Sections 8.1 and 8.2, if Holdings Holdingsthe Borrower fails to comply with the Financial Covenant as of the end of any Fiscal Quarter, until the expiration of the tenth Business Day subsequent to the date the Compliance Certificate for such Fiscal Quarter is required to be delivered pursuant to Section 5.1(c) (the last day of such period being the “Anticipated Cure Deadline”), each of Holdings and LLC Subsidiary Subsidiarythe Borrower shall have the right to issue Qualified Equity Interests for cash (the net cash proceeds received thereof, the “Cure Amount” and, such right, the “Cure Right”); provided, (i) no more than five Cure Rights may be exercised during the term of this Agreement; (ii) no more than two Cure Rights may be exercised during any consecutive four Fiscal Quarters; (iii) no Cure Amount shall exceed the amount necessary to cause compliance with the Financial Covenant for the period then ended; and (iv) such Cure Amount shall have been contributed to the capital of the BorrowersBorrowersBorrower .

Cure Right. (a) Notwithstanding anything to the contrary contained in Sections 8.1 and 8.2, if Holdings Parent fails to comply with the Financial Condition Covenant as of the end of any Fiscal QuarterQuarter in which it is in effect, until the expiration of the tenth Business Day subsequent to the date the Compliance Certificate for such Fiscal Quarter is required to be delivered pursuant to Section 5.1(c) (the last day of such period being the “Anticipated Cure DeadlineExpiration Date”), each of Holdings and LLC Subsidiary Parent or the Relevant Public Company or any Ultimate Parent Company shall have the right to issue Qualified Equity Interests Permitted Cure Securities for cash (the net cash proceeds received amount thereof, the “Cure Amount” and”), so long as such right, cash is immediately contributed to the capital of Parent or the Relevant Public Company as common equity (the “Cure Right”); provided, (i) no more than five (5) Cure Rights may be exercised during after the term of this AgreementClosing Date; (ii) no more than two (2) Cure Rights may be exercised during any consecutive four Fiscal Quarters; and (iii) no Cure Amount shall exceed the amount necessary to cause compliance with the applicable Financial Condition Covenant for the period then ended; and (iv) such Cure Amount shall have been contributed to the capital of the Borrowers.

Cure Right. (a) Notwithstanding anything to the contrary contained in Sections 8.1 and 8.2Section 9 or this Section 10, if Holdings in the event that Borrower fails to comply with any of the covenants set forth in Sections 8.1 or 8.2 (together, the “Financial Covenant Condition Covenants”) as of the end of any Fiscal Quarterquarter, until the expiration of the tenth Business Day day subsequent to the date the Compliance Certificate for the last month of such Fiscal Quarter quarter is required to be delivered pursuant to Section 5.1(c) (the last day of such period being the “Anticipated Cure Deadline”7.1(d), each of Holdings and LLC Subsidiary Borrower shall have the right to issue Qualified Equity Interests equity units (the “Cure Securities”) for cash (the net cash proceeds received amount thereof, the “Cure Amount” and”), so long as such right, cash is immediately contributed to the capital of Borrower as common equity (the “Cure Right”); provided, (i) no more than five Cure Rights may be exercised during the term of this Agreement; (ii) no more than two Cure Rights may be exercised during any period of four consecutive four Fiscal Quartersquarters (provided, further, that no such two Cure Rights may be exercised in respect of any two consecutive quarters); (iiiii) no Cure Amount shall exceed the lesser of (x) $700,000 or (y) the amount necessary to cause compliance with the applicable Financial Covenant Condition Covenants for the measurement period then ended; ended and (iviii) such Cure Amount shall have been contributed to Rights may not be exercised more than three (3) times during the capital term of the Borrowersthis Agreement.