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.
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. 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.
Excess Cash Flow Payments. The parties hereto acknowledge that a mandatory prepayment with respect to Excess Cash Flow (as defined in the First Lien Term Loan Credit Agreement) may be required under the First Lien Term Loan Credit Agreement notwithstanding the prohibition of such mandatory prepayment under Section 9.2.14(ii)(d), and the making of such mandatory prepayment during any time such prohibition is in effect would result in an Event of Default under this Agreement, and the failure to make such mandatory prepayment as required under the First Lien Term Loan Credit Agreement may result in an event of default under the First Lien Term Loan Credit Agreement.
Excess Cash Flow Payments. Section 6.5 of the Loan Agreement is amended to read, in its entirety, as follows:
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. If, at the end of any Fiscal Year, the Parent has a consolidated cash balance (which shall include all cash, cash equivalents and short-term investments) of at least Cdn.$45,000,000 (prior to the Parent's 25% share of any Excess Cash Flow), and if the Credit Parties have generated Excess Cash Flow during such Fiscal Year, then the Borrower shall pay to the Collateral Agent, for the benefit of the Tranche B Lenders, the First Preferred Shareholders/Unitholders and the Second Preferred Shareholders/Unitholders, on or before March 31 of the immediately following Fiscal Year, an amount equal to 75% of the Excess Cash Flow generated in such Fiscal Year. Any such amount shall be applied as contemplated by: (i) Section 2.2(d) and (e), if First Preferred Shares or Second Preferred Shares (or First Units or Second Units, if issued) remain outstanding; or (ii) Section 2.2(e) and (g), if no First Preferred Shares or Second Preferred Shares (or First Units or Second Units, if issued) remain outstanding. The Parent shall manage its consolidated cash balance in the ordinary course and in a manner consistent with its cash management practices in prior periods, and shall not take any action or omit to take any action which is intended to reduce the consolidated cash balance of the Parent for the purpose of this Section 2.2.
Excess Cash Flow Payments. On or before April 30, 2009, and on before March 31 of each year thereafter, Borrower shall prepay the Obligations in an amount equal to seventy-five percent (75%) of the Excess Cash Flow of Borrower for the prior fiscal year of Borrower. Such payment shall be applied to principal outstanding under the Term Note in the inverse order in which such principal becomes due, provided that no such payment shall be required at any time that the Collateral Shortfall equals $0.00.
