ECF Sweep. On each ECF Sweep Date, the Issuers shall offer to prepay the French Senior Secured Notes in an amount equal to the ECF Sweep Amount, accompanied by payment of all accrued interest on the amount prepaid and a calculation as to the ECF Sweep Amount (which calculation shall specify each item included in the definition of “Excess Cash Flow”) (each such offer to prepay referred to in this Section 2.05(b), an “ECF Prepayment Offer”).
ECF Sweep. The amount of any Excess Cash Flow that shall be used for redemptions of Class B Units by the Partnership pursuant to this Section 3.18(a) shall be based on the following table: Asset Coverage Ratio % of Excess Cash Flow < 2.0 100% > 2.0 but < 2.5 50% > 2.5 25%
ECF Sweep. 1. The ECF Sweep is as permitted pursuant to the terms of the New Credit Agreement EXHIBIT 3 Corporate Governance Term Sheet for New Just Energy Parent Corporate Governance Term Sheet for New Just Energy Parent This term sheet (the “Term Sheet”) presents certain material terms in respect of the corporate governance of New Just Energy Parent (“New Just Energy Parent”) that would be reflected in the corporate governance documents of New Just Energy Parent (including the charter, bylaws, limited liability company agreement or similar documents, as applicable), to be entered into in connection with the consummation of a plan of reorganization (the “Plan”) of Just Energy Group Inc. (“Just Energy”) and its applicable subsidiaries. This Term Sheet is not legally binding or an exhaustive list of all the terms and conditions in respect of the corporate governance of New Just Energy Parent nor does it constitute an offer to sell or buy, nor the solicitation of an offer to sell or buy, any securities of New Just Energy Parent. Any such offer or solicitation shall only be made in compliance with all applicable Laws. Without limiting the generality of the foregoing, this Term Sheet and the undertakings contemplated herein are subject in all respects to the negotiation, execution and delivery of definitive documentation. This Term Sheet shall be attached to, and incorporated into a Restructuring Term Sheet attached to that certain plan support agreement to be entered into by Just Energy and certain stakeholders of Just Energy (the “PSA”). Capitalized terms used but not otherwise defined herein shall have the meaning ascribed to such terms in the PSA or the Restructuring Term Sheet to which this term sheet is attached. Unless otherwise set forth herein, to the extent that any provision of this Term Sheet is inconsistent with the PSA, the terms of this Term Sheet with respect to such provision shall control. This Term Sheet is proffered in the nature of a settlement proposal in furtherance of settlement discussions and is entitled to protection from any use or disclosure to any party or person pursuant to Federal Rule of Evidence 408, Canadian equivalents, and any other rule of similar import. THIS TERM SHEET IS BEING PROVIDED AS PART OF A PROPOSED COMPREHENSIVE RESTRUCTURING TRANSACTION (THE “TRANSACTION”), EACH ELEMENT OF WHICH IS CONSIDERATION FOR THE OTHER ELEMENTS AND AN INTEGRAL ASPECT OF THE PROPOSED RESTRUCTURING OF THE COMPANY. NOTHING IN THIS TERM SHEET SHALL CO...
