Common use of Equity Cure Right Clause in Contracts

Equity Cure Right. (a) If the requirements of any of paragraphs (a) to (c) of Clause 24.2 (Financial condition) (a “Relevant Financial Covenant”) are not met in respect of a Relevant Period, the cash proceeds (the “Cure Amount”) received by the Company pursuant to any New Equity (a “Cure Subscription”) or additional shareholder loans or Permitted Subordinated Debt (a “Cure Loan”) (in each case in accordance with this Agreement) after the end of that Relevant Period but prior to the end of the period of 20 Business Days following the date on which the Compliance Certificate setting out the calculations in respect of the relevant covenant determination is required to be delivered pursuant to Clause 23.2 (Compliance Certificate) shall be included in a 160 recalculation of the Relevant Financial Covenant(s) by making a pro forma adjustment to Consolidated EBITDA (solely for the purpose of ascertaining compliance with the Relevant Financial Covenant(s) and not for any other purpose) such that Consolidated EBITDA is increased by an amount equal to the Cure Amount.

Equity Cure Right. (a) If the requirements of any of paragraphs (a) to (c) of Clause 24.2 (Financial condition) (a “"Relevant Financial Covenant”") are not met in respect of a Relevant Period, the cash proceeds (the “"Cure Amount”") received by the Company pursuant to any New Equity (a “"Cure Subscription”") or additional shareholder loans or Permitted Subordinated Debt (a “"Cure Loan”") (in each case in accordance with this Agreement) after the end of that Relevant Period but prior to the end of the period of 20 Business Days following the date on which the Compliance Certificate setting out the calculations in respect of the relevant covenant determination is required to be delivered pursuant to Clause 23.2 (Compliance Certificate) shall be included in a 160 recalculation of the Relevant Financial Covenant(s) by making a pro forma adjustment to Consolidated EBITDA (solely for the purpose of ascertaining compliance with the Relevant Financial Covenant(s) and not for any other purpose) such that Consolidated EBITDA is increased by an amount equal to the Cure Amount.

Equity Cure Right. (a) If the requirements of any of paragraphs (a) to (c) of Clause 24.2 19.2 (Financial condition) (a “Relevant Financial Covenant”) are not met in respect of a Relevant Period, the cash proceeds (the “Cure Amount”) received by the Company Borrower pursuant to any New Equity (a “Cure Subscription”) or additional shareholder loans or Permitted Subordinated Debt (a “Cure Loan”) (in each case in accordance with this Agreement) after the end of that Relevant Period but prior to the end of the period of 20 Business Days following the date on which the Compliance Certificate setting out the calculations in respect of the relevant covenant determination is required to be delivered pursuant to Clause 23.2 18.2 (Compliance Certificate) shall be included in a 160 recalculation of the Relevant Financial Covenant(s) by making a pro forma adjustment to Consolidated EBITDA (solely for the purpose of ascertaining compliance with the Relevant Financial Covenant(s) and not for any other purpose) such that Consolidated EBITDA is increased by an amount equal to the Cure Amount.

Equity Cure Right. (a) If the requirements of any of paragraphs (a) to (c) of Clause 24.2 19.2 (Financial condition) (a “Relevant Financial Covenant”) are not met in respect of a Relevant Period, the cash proceeds (the “"Cure Amount”") received by the Company Borrower pursuant to any New Equity (a “"Cure Subscription”") or additional shareholder loans or Permitted Subordinated Debt (a “"Cure Loan”") (in each case in accordance with this Agreement) after the end of that Relevant Period but prior to the end of the period of 20 Business Days following the date on which the Compliance Certificate setting out the calculations in respect of the relevant covenant determination is required to be delivered pursuant to Clause 23.2 18.2 (Compliance Certificate) shall be included in a 160 recalculation of the Relevant Financial Covenant(s) by making a pro forma adjustment to Consolidated EBITDA (solely for the purpose of ascertaining compliance with the Relevant Financial Covenant(s) and not for any other purpose) such that Consolidated EBITDA is increased by an amount equal to the Cure Amount.