Common use of Debt Prepayments Clause in Contracts

Debt Prepayments. The U.S. Borrower shall not (x) pay any scheduled payment prior to the due date thereof as in effect on the Restatement Effective Date, or prepay any principal, premium, interest or any other amount (including sinking fund payments), with respect to any Senior Notes; (y) redeem, purchase, defease, acquire or otherwise satisfy (or offer to redeem, purchase, acquire or otherwise satisfy) any Senior Notes prior to the due date thereof as in effect on the Restatement Effective Date; or (z) make any payment or deposit any monies, securities or other property with any trustee or other Person with respect to any Senior Notes that has the effect of violating clause (x) or (y) above (any of the foregoing, a “Senior Notes Prepayment”), unless: (a) no Default or Event of Default exists or will result after giving effect to any such Senior Notes Prepayment; (b) on a pro forma basis, assuming such Senior Notes Prepayment had occurred at the beginning of the most recently‑ended four fiscal quarter period for which the U.S. Borrower has delivered financial statements under Section 5.01(a) or Section 5.01(b) that precedes the date on which the Senior Notes Prepayment actually occurs, (A) the Leverage Ratio as of the Determination Date for such Senior Notes Prepayment would not exceed 3.50 to 1.00 (without giving effect to any Step‑Up Election) and (B) the U.S. Borrower would be in compliance with the terms and conditions of this Agreement, which pro forma results shall be evidenced by a certificate of a Financial Officer of the U.S. Borrower setting forth reasonably detailed calculations demonstrating pro forma compliance with subclause (A) above and with Section 6.12; and (c) the sum of (i) the aggregate Available Unused Commitments of the Lenders after giving effect to any Borrowings used for a Senior Notes Prepayment plus (ii) unrestricted cash of the U.S. Borrower and its Subsidiaries on a consolidated basis is at least $50,000,000.

Debt Prepayments. The U.S. Borrower shall not (x) pay any scheduled payment prior to the due date thereof as in effect on the Restatement Effective Date, or prepay any principal, premium, interest or any other amount (including sinking fund payments), with respect to any Senior Notes; (y) redeem, purchase, defease, acquire or otherwise satisfy (or offer to redeem, purchase, acquire or otherwise satisfy) any Senior Notes prior to the due date thereof as in effect on the Restatement Effective Date; or (z) make any payment or deposit any monies, securities or other property with any trustee or other Person with respect to any Senior Notes that has the effect of violating clause (x) or (y) above (any of the foregoing, a “Senior Notes Prepayment”), unless: (a) no Default or Event of Default exists or will result after giving effect to any such Senior Notes Prepayment; (b) on a pro forma basis, assuming such Senior Notes Prepayment had occurred at the beginning of the most recently‑ended recently-ended four fiscal quarter period for which the U.S. Borrower has delivered financial statements under Section 5.01(a) or Section 5.01(b) that precedes the date on which the Senior Notes Prepayment actually occurs, (A) the Leverage Ratio as of the Determination Date for such Senior Notes Prepayment would not exceed 3.50 3.5 to 1.00 1 (without giving effect to any Step‑Up Step-Up Election) and (B) the U.S. Borrower would be in compliance with the terms and conditions of this Agreement, which pro forma results shall be evidenced by a certificate of a Financial Officer of the U.S. Borrower setting forth reasonably detailed calculations demonstrating pro forma compliance with subclause (A) above and with Section 6.12; and (c) the sum of (i) the aggregate Available Unused Commitments of the Lenders after giving effect to any Borrowings used for a Senior Notes Prepayment plus (ii) unrestricted cash of the U.S. Borrower and its Subsidiaries on a consolidated basis is at least $50,000,000.