Excess Cash Flow Payments. (i) In addition to the amounts to be paid pursuant to Section 4(a) above, and in accordance with the allocations determined pursuant to Section 5 hereof, the Reorganized Debtors shall pay and deposit 50% of the Free Cash Flow that they generate into the Restricted Cash Reclamation Accounts. Such payments are over and above the amounts required to be paid in Section 4(a) above.
(ii) Such payments of Free Cash Flow shall be made with respect to each State until either: (1) all Reclaim-Only sites have been Fully Reclaimed and any long-term water treatment or water management obligations in such State are fully funded and have been covered by a method approved by the regulator for the applicable State (such as a long-term water treatment trust); or (2) the Funding Threshold Amount has been reached with respect to each State, it being understood that once the Funding Threshold Amount for a State has been reached, (A) the Free Cash Flow contribution obligation to the Restricted Cash Reclamation Account for the applicable State shall be reduced to an amount necessary to maintain such Funding Threshold Amount, until such time as all Reclaim-Only Sites have been Fully Reclaimed and (B) the remaining portion of the Free Cash Flow contribution shall be deposited into the Restricted Cash Reclamation Accounts of the remaining States in accordance with the allocations determined pursuant to Section 5 hereof, as adjusted.
(iii) The Free Cash Flow contributions required under this Section shall be paid within 30 days after each calendar quarter end, subject to reconciliation on an annual basis.
Excess Cash Flow Payments. Until Borrower's Obligations are paid and performed in full, for the Fiscal Year of Borrower ending December 31, 2001, Borrower shall pay to Lender an amount equal to fifty percent (50%) of the Excess Cash Flow for such Fiscal Year. Each such payment shall be made within thirty (30) days after the date that Borrower is required to deliver to Lender the audited financial statements for such Fiscal Year pursuant to subsection 6.3.3.
Excess Cash Flow Payments. The parties hereto acknowledge that the mandatory prepayments with respect to Excess Cash Flow under Section 3.1.1(d) may not be permitted under the ABL Credit Agreement if certain conditions (the “ABL ECF Conditions”) thereunder (including a required minimum Liquidity) are not satisfied, and any such mandatory prepayment made when the ABL ECF Conditions are not satisfied will result in an event of default under the ABL Credit Agreement, which may in turn result in a Default or Event of Default hereunder.
Excess Cash Flow Payments. (i) In addition to the interest payments, no later than forty-five days (45) after the end of the first full fiscal quarter following the Applicable Loan Commitment Termination Date (the “First Excess Cash Payment Date”), and no later than forty-five days (45) after the end of each fiscal quarter thereafter until the Scheduled Maturity Date, Borrower shall remit to Lender with respect to each fiscal quarter of each fiscal year, a payment equal to sixty percent (60%) of the estimated Excess Cash Flow for such quarter, as set forth on the Estimated Cash Flow Certificate for such quarter delivered to Lender in accordance with Section 6.1(a)(ii), less any voluntary principal prepayment of Centene Indebtedness made during such fiscal quarter.
(ii) Borrower’s total Excess Cash Flow for each fiscal year shall be recalculated based upon the Annual Financial Statements delivered to Lender pursuant to the provisions of this Agreement. If, following the delivery of the Annual Financial Statements and the Annual Cash Flow Certificate, any such recalculation evidences an underpayment with respect to the aggregate amount of payments made by Borrower in accordance with Section 2.6(c)(i) (each such payment, an “Excess Cash Flow Payment”) for such fiscal year as compared to sixty percent (60%) of Borrower’s actual total Excess Cash Flow for such fiscal year (less any voluntary principal prepayment of Centene Indebtedness made from Borrower cash and not from the proceeds of an Advance during such fiscal year), Borrower shall, within thirty (30) days of Lender’s request, remit to Lender an amount equal to such underpayment. However, if any such recalculation evidences an overpayment with respect to the aggregate Excess Cash Flow Payments made by Borrower during such fiscal year as compared to sixty percent (60%) of Borrower’s actual total Excess Cash Flow for such fiscal year (less any voluntary principal prepayment of Centene Indebtedness made from Borrower cash and not from the proceeds of an Advance during such fiscal year), Borrower may, upon notice to Lender, elect to reduce its next Excess Cash Flow Payment due by the amount of such overpayment until the entire overpayment has been applied in full.
(iii) One hundred percent (100%) of payments received by Lender pursuant to this Section 2.6(c) shall be applied to the reduction of the outstanding principal balance of the Centene Indebtedness. The computations made and amounts payable under this Section 2.6(c) shall be ad...
Excess Cash Flow Payments. In addition to all other payments required under the Loans, Borrowers shall pay to Agent for the pro rata benefit of Lenders an amount equal to fifty percent (50%) of the Excess Cash Flow for each fiscal year of Borrowers if the Leverage Ratio as of the close of such fiscal year is equal to or greater than 3.0 to 1.0, which amount shall be paid within ninety (90) days after the end of each such fiscal year, commencing with Borrowers' fiscal year ending June 30, 1999. Excess Cash Flow payments shall be applied first to payments due under the Term Loan, then to payments due under any Acquisition Credit Facility Term Loan, all in the inverse order of their maturity, with the balance, if any, applied to such other Lender Indebtedness as determined by Agent. Together with each such Excess Cash Flow payment, Borrowers shall deliver to Agent a calculation of such payment in such detail as Agent shall reasonably require or, in lieu thereof, Borrowers shall deliver to Agent, within ninety (90) days of the end of such fiscal year, Borrowers' determination as to why no such payment is due, all of which shall be certified as to accuracy by the chief financial officer of Borrowers.
Excess Cash Flow Payments. Together with the delivery of the financial statements pursuant to section 5.2(a) hereof, and in any event not later than 120 days after the last day of each Fiscal Year of the Borrower (commencing with the Fiscal Year ending on December 31, 2002), twenty five percent (25%) of the Excess Cash Flow of the Borrower for the Fiscal Year then last ended shall be applied as a mandatory payment of principal of the then outstanding principal amount of the Term Loan.
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Excess Cash Flow Payments. Excess Cash Flow Payments" has the ------------------------- meaning set forth in the Note.
Excess Cash Flow Payments. Commencing with the fiscal year ending December 31, 2013, the Borrower shall repay the Term Loan A in an amount equal to the applicable ECF Percentage multiplied by the Consolidated Excess Cash for the applicable fiscal year. Amounts prepaid shall be applied first ratably to the remaining installments of principal of the Term Loan A (excluding the payment due on the Maturity Date) and second to any remaining amounts outstanding on the Term Loan A.
Excess Cash Flow Payments. Until the Loans are paid in full and the Revolving Loan Commitment is terminated, for each year commencing with the year 1997 Borrower shall pay to Lenders within 120 days after the end of such year an amount equal to the lesser of (i) 75% of the Excess Cash Flow for such year and (ii) the amount by which the Cash Equivalents as of December 31 of such year exceeds $750,000.
