Common use of Excess Cash Flow Amount Clause in Contracts

Excess Cash Flow Amount. Within 120 days after the end of each Excess Cash Flow Period (as defined in the Senior Unsecured Note Indenture), Borrower shall calculate the Excess Cash Flow Amount for such Excess Cash Flow Period and (a) use such Excess Cash Flow Amount to prepay Senior Indebtedness (as defined in the Senior Unsecured Note Indenture, but excluding the Senior Unsecured Notes to the extent the Senior Unsecured Notes constitute Senior Indebtedness under the Senior Unsecured Note Indenture); (b) deposit such Excess Cash Flow Amount in any Pledged Deposit Account; or (c) use or deposit such Excess Cash Flow Amount in any combination of clauses (a) and (b) of this Section. Any prepayment by Borrower of any amount owing under this Credit Agreement pursuant to this Section 9.15 shall be accompanied by a notice from Borrower to CoBank indicating that such prepayment is being made with all or any portion of the Excess Cash Flow Amount.

Appears in 2 contracts

Samples: Credit Agreement, Credit Agreement (Gold Kist Inc)

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Excess Cash Flow Amount. Within 120 days after the end of each Excess Cash Flow Period (as defined in the Senior Unsecured Note Indenture), the Borrower shall calculate the Excess Cash Flow Amount for such Excess Cash Flow Period and (a) use such Excess Cash Flow Amount to prepay Senior Indebtedness (as defined in the Senior Unsecured Note Indenture, but excluding the Senior Unsecured Notes to the extent the Senior Unsecured Notes constitute Senior Indebtedness under the Senior Unsecured Note Indenture); , (b) deposit such Excess Cash Flow Amount in any the Pledged Deposit Account; Account or (c) use or deposit such Excess Cash Flow Amount in any combination of clauses (a) and (b) of this SectionSection 6.16. Any prepayment by the Borrower of any amount owing the Obligations under this Credit Agreement pursuant to or the other Loan Document as described in this Section 9.15 6.16 shall be accompanied by a notice from the Borrower to CoBank the Agent indicating that such prepayment is being made with all or any portion of the Excess Cash Flow Amount.

Appears in 1 contract

Samples: Credit Agreement (Gold Kist Inc)

Excess Cash Flow Amount. Within 120 days after the end of each Excess Cash Flow Period (as defined in the Senior Unsecured Note Indenture), the Borrower shall calculate the Excess Cash Flow Amount for such Excess Cash Flow Period and (a) use such Excess Cash Flow Amount to prepay (i) the Obligations, (ii) other Senior Indebtedness (as defined in the Senior Unsecured Note Indenture) or (iii) if permitted to make such Restricted Payment under Section 7.2, but excluding the Senior Unsecured Notes to the extent the Senior Unsecured Notes constitute Senior Indebtedness under the Senior Unsecured Note Indenture); Notes, (b) deposit such Excess Cash Flow Amount in any the Pledged Deposit Account; Account or (c) use or deposit such Excess Cash Flow Amount in any combination of clauses (a) and (b) of this SectionSection 6.16. Any prepayment by the Borrower of any amount owing the Obligations under this Credit Agreement pursuant to or the other Loan Document as described in this Section 9.15 6.16 shall be accompanied by a notice from the Borrower to CoBank the Agent indicating that such prepayment is being made with all or any portion of the Excess Cash Flow Amount. This Section 6.16 shall be of no further force and effect in the event the Senior Unsecured Notes are repaid or redeemed in full (and the Senior Note Indenture is no longer in effect) or are refinanced, if none of the documents relating to such refinancing include a provision similar to Section 4.15 of the Senior Unsecured Note Indenture.

Appears in 1 contract

Samples: Credit Agreement (Gold Kist Inc.)

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Excess Cash Flow Amount. Within 120 days after the end of each Excess Cash Flow Period (as defined in the Senior Unsecured Note Indenture), Borrower the Company shall calculate the Excess Cash Flow Amount (as defined in the Senior Unsecured Note Indenture) for such Excess Cash Flow Period and (a) use such Excess Cash Flow Amount to prepay Senior Indebtedness (as defined in the Senior Unsecured Note Indenture, ; but excluding the Senior Unsecured Notes to the extent the Senior Unsecured Notes constitute Senior Indebtedness under the Senior Unsecured Note Indenture); , (b) deposit such Excess Cash Flow Amount in any the Pledged Deposit Account; Account (as defined in the Security Agreement) or (c) use or deposit such Excess Cash Flow Amount in any combination of clauses (a) and (b) of this Section. Paragraph 5O. Any prepayment by Borrower the company of any amount owing under the Notes as described in this Credit Agreement pursuant to this Section 9.15 Paragraph 5O shall be accompanied by a notice from Borrower the Company to CoBank Prudential indicating that such prepayment is being made with all or any portion of the Excess Cash Flow Amount.”

Appears in 1 contract

Samples: Fourth Amendment to Note Agreement (Gold Kist Inc)

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