Common use of Excess Cash Flow Clause in Contracts

Excess Cash Flow. Within 90 days after each fiscal year of the Borrower, commencing with the fiscal year ended December 31, 2010, if the Borrower’s Leverage Ratio for any such fiscal year is equal to or greater than 2.0 to 1.0, the Borrower shall prepay the principal of the Loans in an aggregate amount (an “Excess Cash Flow Prepayment Amount”) at least equal to 50% of Excess Cash Flow for such fiscal year with such amount, if any, to be applied as set forth in Section 5.1(d) below.

Excess Cash Flow. Within 90 No later than the earlier of (i) 100 days after the end of each fiscal year of the Borrower, commencing with the fiscal year ended ending on December 31, 20102004, if and (ii) the Borrower’s Leverage Ratio for any date on which the financial statements with respect to such fiscal year is equal period are delivered pursuant to or greater than 2.0 to 1.0Section 5.01(a), the Borrower shall prepay the principal of the Loans make prepayments in accordance with Sections 2.10(h) and (i) in an aggregate principal amount (an “Excess Cash Flow Prepayment Amount”) at least equal to 50% of Excess Cash Flow for such the fiscal year with such amount, if any, to be applied as set forth in Section 5.1(d) belowthen ended.

Excess Cash Flow. Within 90 No later than ninety (90) days after each fiscal year the end of the Borrower, any Fiscal Year commencing with the fiscal year ended December Fiscal Year ending March 31, 20102002, if during the Borrower’s term of this Agreement for which the Total Leverage Ratio for any such fiscal year is equal exceeds 2.00 to or greater than 2.0 to 1.01.00, the Borrower shall prepay the make a mandatory principal repayment of the Term Loans in an aggregate amount (an “Excess Cash Flow Prepayment Amount”) at least equal to fifty percent (50% %) of Excess Cash Flow for such fiscal year with such amountFlow, if any, to be applied as set forth in Section 5.1(d) belowfor such Fiscal Year.

Excess Cash Flow. Within 90 120 days after the end of each fiscal year of the Borrower, commencing Borrower (beginning with the fiscal year ended ending December 31, 2010, if the Borrower’s Leverage Ratio for any such fiscal year is equal to or greater than 2.0 to 1.02002), the Borrower shall prepay the principal of the Loans Term Loan in an aggregate amount (an “Excess Cash Flow Prepayment Amount”) at least equal to 50% of the Excess Cash Flow for such prior fiscal year with such amount, if any, to be applied as set forth in Section 5.1(d) belowyear.

Excess Cash Flow. Within 90 ninety (90) days after each fiscal year the end of any Fiscal Year (or, if earlier, the Borrower, date of delivery of audited financial statements pursuant to Section 8.1(b)) commencing with the fiscal year ended Fiscal Year ending December 31, 2010, if the Borrower’s Leverage Ratio for any such fiscal year is equal to or greater than 2.0 to 1.02003, the Borrower shall prepay make a mandatory principal prepayment (in the principal manner set forth in Section 4.4(b)(vi) below) of the Term Loans in an aggregate amount (an “Excess Cash Flow Prepayment Amount”) at least equal to fifty percent (50% %) of Excess Cash Flow for such fiscal year with such amountFlow, if any, to be applied as set forth in Section 5.1(d) belowfor such Fiscal Year.

Excess Cash Flow. Within 90 ninety (90) days after the end of each fiscal year of the Borrower, (commencing with the fiscal year ended ending December 31, 2010, if the Borrower’s Leverage Ratio for any such fiscal year is equal to or greater than 2.0 to 1.02003), the Borrower Borrowers shall prepay the principal of the Loans in an aggregate amount equal to fifty percent (an “50%) of the Excess Cash Flow Prepayment Amount”) at least equal to 50% earned during such prior fiscal year. Any payments of Excess Cash Flow for such fiscal year with such amount, if any, to shall be applied as set forth in Section 5.1(dclause (viii) below.

Excess Cash Flow. Within 90 No later than ninety (90) days after each fiscal year the end of the Borrower, commencing with the fiscal year ended December 31, 2010, if the Borrower’s Leverage Ratio for any such fiscal year is equal to or greater than 2.0 to 1.0Fiscal Year, the Borrower shall prepay the make a mandatory principal repayment of the Term B Loans in an aggregate amount (an “Excess Cash Flow Prepayment Amount”) at least equal to fifty percent (50% %) of Excess Cash Flow for such fiscal year with such amountFlow, if any, to be applied as set forth in Section 5.1(d) belowfor such Fiscal Year.

Excess Cash Flow. Within 90 150 days after the end of each fiscal year of the Borrower, commencing with the Borrower’s fiscal year ended December 31, 2010, if the Borrower’s Leverage Ratio for any such fiscal year is equal to or greater than 2.0 to 1.0, the Borrower shall prepay the outstanding principal amount of the Loans Obligations in accordance with Section 2.4(f)(ii) in an aggregate amount (an “equal to 25% of the Excess Cash Flow Prepayment Amount”) at least equal to 50% of Excess Cash Flow Borrower and its Subsidiaries for such fiscal year with such amount, if any, to be applied as set forth in Section 5.1(d) belowyear.

Excess Cash Flow. Within 90 No later than ninety (90) days after each fiscal year the end of the Borrower, any Fiscal Year commencing with the fiscal year ended Fiscal Year ending December 31, 20102003, if during any period for which the Borrower’s Leverage Ratio for any such fiscal year is equal exceeds 1.50 to or greater than 2.0 to 1.01.00, the Borrower shall prepay the make a mandatory principal repayment of the Loans in an aggregate amount (an “Excess Cash Flow Prepayment Amount”) at least equal to fifty percent (50% %) of Excess Cash Flow for such fiscal year with such amountFlow, if any, to be applied as set forth in Section 5.1(d) belowfor such Fiscal Year.

Excess Cash Flow. Within 90 No later than ninety (90) days after each fiscal year the end of the Borrower, any Fiscal Year (commencing with the fiscal year ended Fiscal Year ending on December 31, 2010, if the Borrower’s Leverage Ratio for any such fiscal year is equal to or greater than 2.0 to 1.02006), the Borrower shall prepay the make mandatory principal prepayments of the Loans in the manner set forth in clause (vii) below in an aggregate amount (an “Excess Cash Flow Prepayment Amount”) at least equal to fifty percent (50% %) of Excess Cash Flow for such fiscal year with such amountFlow, if any, to be applied as set forth in Section 5.1(d) belowfor such Fiscal Year.

Excess Cash Flow. Within 90 days after the end of each ---------------- fiscal year of the Borrower, Borrower (commencing with the fiscal year ended ending December 31, 2010, if the Borrower’s Leverage Ratio for any such fiscal year is equal to or greater than 2.0 to 1.02002), the Borrower shall prepay the principal of Loans and/or cash collateralize or pay the Loans LOC Obligations in an aggregate amount (an “Excess Cash Flow Prepayment Amount”) at least equal to 50(i) 75% of Excess Cash Flow for such prior fiscal year, in the case of the fiscal year with ending December 31, 2002, or (ii) 50% of the Excess Cash Flow for such amountprior fiscal year, if anyin the case of each fiscal year ending after December 31, to be applied as set forth in Section 5.1(d) below2002.

Excess Cash Flow. Within 90 No later than one hundred twenty (120) days after each fiscal year the end of any Fiscal Year during the Borrowerterm of this Agreement, commencing with the fiscal year ended December Fiscal Year ending March 31, 2010, if the Borrower’s Leverage Ratio for any such fiscal year is equal to or greater than 2.0 to 1.02007, the Borrower shall prepay the make a mandatory principal repayment of the Loans in an aggregate amount (an “Excess Cash Flow Prepayment Amount”) at least equal to fifty percent (50% %) of Excess Cash Flow for such fiscal year with such amountFlow, if any, for such Fiscal Year; provided that the amount of such mandatory principal repayment shall be reduced to be applied as set forth in Section 5.1(dtwenty-five percent (25%) belowof Excess Cash Flow, if any, for any Fiscal Year for which the Total Leverage Ratio is less than 4.00 to 1.00.

Excess Cash Flow. Within Not later than the date 90 days after the end of each fiscal year of the Borrower, commencing Company (beginning with the fiscal year ended December 31commencing on February 1, 2010, if the Borrower’s Leverage Ratio 1998) for any such fiscal year which Excess Cash Flow is equal to or greater than 2.0 to 1.0$25,000,000 (but only if a Default is continuing on such 90th day), the Borrower Company shall prepay the principal of the Revolving Credit Loans in an aggregate amount (an “Excess Cash Flow Prepayment Amount”) at least equal to 50% of Excess Cash Flow for such fiscal year with such amount, if any, to be applied as set forth in Section 5.1(d) belowyear.

Excess Cash Flow. Within 90 No later than ninety (90) days after each fiscal year the end of the Borrower, any Fiscal Year commencing with the fiscal year ended December Fiscal Year ending March 31, 20102002, if during the Borrower’s term of this Agreement for which the Adjusted Leverage Ratio for any such fiscal year is equal exceeds 2.00 to or greater than 2.0 to 1.01.00, the Borrower shall prepay the make a mandatory principal repayment of the Term Loans in an aggregate amount (an “Excess Cash Flow Prepayment Amount”) at least equal to fifty percent (50% %) of Excess Cash Flow for such fiscal year with such amountFlow, if any, to be applied as set forth in Section 5.1(d) belowfor such Fiscal Year.

Excess Cash Flow. Within 90 No later than one hundred and twenty five (125) days after each fiscal year the end of the Borrower, any Fiscal Year commencing with the fiscal year ended Fiscal Year ending December 3128, 20102003, if at any Fiscal Year end the Borrower’s Total Leverage Ratio for any such fiscal year is equal exceeds 1.50 to or greater than 2.0 to 1.01.00, the Borrower shall prepay the make a mandatory principal repayment of the Loans in an aggregate amount (an “Excess Cash Flow Prepayment Amount”) at least equal to fifty percent (50% %) of Excess Cash Flow for such fiscal year with such amountFlow, if any, to for such Fiscal Year. Notwithstanding the foregoing, Excess Cash Flow computed for the Fiscal Year ending December 28, 2003 shall be applied as set forth in Section 5.1(d) belowfor the period from July 1, 2003 through December 28, 2003.