Excess Cashflow. On each Distribution Date, the Trustee shall distribute: the Monthly Excess Cashflow Amount, to the extent available, to the parties, in the amounts and in the priorities indicated:
(i) first, concurrently, to the Class []-[], Class []-[], Class []-[] and Class []-[] Certificates, pro rata, any remaining applicable Interest Distribution Amount for that Distribution Date;
(ii) second, concurrently, to the Class []-[], Class []-[], Class []-[] and Class []-[] Certificates, pro rata, any remaining Class Unpaid Interest Amounts for the Classes of Senior Certificates;
(iii) third, to fund the Extra Principal Distribution Amount for that Distribution Date for distribution in accordance with the priorities set forth under clauses (b) and (c) above;
(iv) fourth, to the Class []-[] Certificates, any remaining Interest Distribution Amount for that Distribution Date;
(v) fifth, to the Class []-[] Certificates, any remaining Class Unpaid Interest Amount for the Class []-[] Certificates;
(vi) sixth, to fund the Class []-[] Realized Loss Amortization Amount for that Distribution Date;
(vii) seventh, to the Class []-[] Certificates, any remaining Interest Distribution Amount for that Distribution Date;
(viii) eighth, to the Class []-[] Certificates, any remaining Class Unpaid Interest Amount for the Class []-[] Certificates;
(ix) ninth, to fund the Class []-[] Realized Loss Amortization Amount for that Distribution Date;
(x) tenth, to the Class []-[] Certificates, any remaining Interest Distribution Amount for that Distribution Date;
(xi) eleventh, to the Class []-[] Certificates, any remaining Class Unpaid Interest Amount for the Class []-[] Certificates;
(xii) twelfth, to fund the Class []-[] Realized Loss Amortization Amount for that Distribution Date;
(xiii) thirteenth, to the Class []-[] Certificates, any remaining Interest Distribution Amount for that Distribution Date;
(xiv) fourteenth, to the Class []-[] Certificates, any remaining Class Unpaid Interest Amount for the Class []-[] Certificates;
(xv) fifteenth, to fund the Class []-[] Realized Loss Amortization Amount for that Distribution Date;
(xvi) sixteenth, to the Class []-[] Certificates, any remaining Interest Distribution Amount for that Distribution Date;
(xvii) seventeenth, to the Class []-[] Certificates, any remaining Class Unpaid Interest Amount for the Class []-[] Certificates;
(xviii) eighteenth, to fund the Class []-[] Realized Loss Amortization Amount for that Distribution Date;
(xix) nineteenth, t...
Excess Cashflow. After payment of the amounts specified in clauses (i) through (v) above, the remaining Principal Funds shall be treated as Excess Cashflow and distributed as specified in subsection (e) below.
Excess Cashflow. (a) The Issuer shall during the first calendar quarter of 2023 apply an amount of EUR 4,800,000 in re- demption of the Bonds at a price equal to 102.3925 per cent. of the Nominal Amount redeemed.
(b) Each financial year during the tenor of the Bonds, the Issuer shall calculate the amount which repre- sents 50 per cent. of the Free Cash Flow (the "Cash Sweep Amount") for the relevant financial year.
(c) If and when the aggregate Cash Sweep Amount (relating to the financial years from 2022 and on- wards) is above EUR 4,800,000, the Issuer shall apply the Cash Sweep Amount in excess thereof in redemption of the Bonds at a price equal to 102.3925 per cent. of the Nominal Amount redeemed.
(d) Each Cash Sweep Amount shall be calculated on the basis of the Annual Financial Statements of the Issuer for the relevant financial years (for the avoidance of doubt, excluding any Free Cash Flow of Russian Subsidiaries).
(e) The Issuer shall notify the Bond Trustee and the Bondholders when delivering the Annual Financial Statements under paragraph (a)(i) of Clause 13.1 (Information from the Issuer) below of the Cash Sweep Amount and of any amounts required to be applied in redemption of the Bonds and, if required pursuant to paragraph (c) above, such redemption shall be made on the first Business Day (the “Ex- cess Free Cashflow Repayment Date”) falling (i) 30 calendar days after the date of delivery of the An- nual Financial Statements for the relevant Financial Year or (ii) if earlier, 30 calendar days after the date on which the Annual Financial Statements became due for delivery under paragraph (a)(i) of Clause 13.1 (Information from the Issuer) below.
(f) Any partial redemption made with reference to this Clause 10.6 will be used for pro rata payment to the Bondholders in accordance with the applicable regulations of the Securities Depository."
2.13 Clause 13.4 (
Excess Cashflow. (a) The Obligors’ Agent will, within 10 Business Days of delivery of the audited Financial Statements of the Group for each Financial Year commencing with the Financial Year ending on or about 31 December 2005, prepay or procure the prepayment of the Facilities (except Facility C) and/or provide cash cover in accordance with Clauses 14.8 (Prepayment: Order of Application) and 14.9 (Prepayments during Interest Periods) below, in an amount equal to 75% of Excess Cashflow above £5,000,000 (in the case of Financial Years 2005 and 2006) and above £10,000,000 (in the case of Financial Year 2007 and thereafter) in respect of the Financial Year commencing on or around 1 January 2005 and each Financial Year thereafter, reducing to 50% of Excess Cashflow above such threshold once a Net Leverage Ratio of 3.5:1 is achieved;
(b) Prior to the repayment, prepayment and / or cancellation in full of Facility A, Facility B, the Revolving Facility and the Ancillary Facilities, the Facility C Lenders shall have no rights or claims under Clauses 14.7(a) and Clause 14.8 (Prepayments: Order of Application);
(c) Once Facility A, Facility B, the Revolving Facility and the Ancillary Facilities have been repaid, prepaid and / or cancelled in full the Obligors’ Agent will, within 10 Business Days of delivery of the audited Financial Statements of the Group for each Financial Year commencing with the Financial Year ending on or about 31 December 2005, prepay or procure the prepayment of Facility C and/or provide cash cover in accordance with Clauses 14.8 (Prepayments: Order of Application) and 14.9 (Prepayments during Interest Periods) below, in an amount equal to 75% of Excess Cashflow above £5,000,000 (in the case of Financial Years 2005 and 2006) and above £10,000,000 (in the case of Financial Year 2007 and thereafter) in respect of the Financial Year commencing on or around 1 January 2005 and each Financial Year thereafter, reducing to 50% of Excess Cashflow above such threshold once a Net Leverage Ratio of 3.5:1 is achieved; The Obligors’ Agent will deliver, together with the audited accounts to be delivered to the Agent pursuant to Clause 22.8(d)(i) (Financial Statements), a certificate from the Auditors certifying the amount of Excess Cashflow for the relevant Financial Year (if any), such certificate to contain reasonably detailed calculations of how the amount of Excess Cashflow has been determined.
Excess Cashflow. (a) If at any time EDC WGQ credits any Excess Cashflow Prepayment Amount (WGQ) into the Excess Cashflow Account (WGQ) pursuant to Clause 18.6 (Excess Cashflow Account), EDC WGQ shall, on the immediate next Interest Payment Date apply all Excess Cashflow Prepayment Amount (WGQ) towards the prepayment of the Facility A Loans.
(b) If at any time EDC YG credits any Excess Cashflow Prepayment Amount (YG) into the Excess Cashflow Account (YG) pursuant to Clause 18.6 (Excess Cashflow Account), EDC YG shall, on the immediate next Interest Payment Date apply all Excess Cashflow Prepayment Amount (YG) ratably towards the prepayment of the Loans (other than Facility A Loans) and (to the extent applicable) the Offshore Loans.
Excess Cashflow. If at any time the Borrower credits any Excess Cashflow Prepayment Amount into the Excess Cashflow Account pursuant to Clause 18.6 (Excess Cashflow Account), the Borrower shall, on the immediate next Interest Payment Date apply all Excess Cashflow Prepayment Amount towards the prepayment of the Loans.
Excess Cashflow. Clause 10.6 (Excess cashflow) shall be amended to read as follows: "
Excess Cashflow. Within ten Business Days after delivery of the Annual Accounts in relation to each Financial Year the Parent shall procure that an amount equal to (i) 66 2/3 per cent. of the amount of Excess Cashflow for that Financial Year minus (ii) (without double counting) the aggregate amount of prepayments made in accordance with clause 10.1 (Voluntary prepayments), 10.4 (Asset Disposals), 10.5 (Insurance claims) and 10.7 (Report claims) and any amount permitted to be retained by the Group in accordance with those clauses during (or referable to) that Financial Year, to the extent that the relevant amounts or proceeds giving rise to the relevant prepayments have been included in calculating Cashflow is applied in prepayment of the Facility provided that:
(a) in relation to the Financial Year ending in 2003 the reference to 66 2/3 per cent. in (i) above shall be deemed to be a reference to 100 per cent. until an aggregate amount of (pound)6,000,000 has been prepaid in accordance with this clause 10.6 (Excess Cashflow) and thereafter shall revert to 66 2/3 per cent. in respect of any remaining Excess Cashflow; and
(b) in relation to any Financial Year ending in 2004, the reference to 66 2/3 per cent. in (i) above shall be deemed to be a reference to 100 per cent. until an aggregate amount of (pound)11,000,000 has been prepaid in accordance with this clause 10.6 (Excess Cashflow) and thereafter shall revert to 66 2/3 per cent. in respect of any remaining Excess Cashflow; and
(c) in relation to any Financial Year ending after 2004, the reference to 66 2/3 per cent. in (i) above shall be deemed to be a reference to 100 per cent. until an aggregate amount of (pound)11,000,000 has been prepaid in accordance with this clause 12.6 (Excess Cashflow) and thereafter shall be deemed to be a reference to 50 per cent. in respect of any remaining Excess Cashflow.
Excess Cashflow. After payment of the amounts --------------- specified in clauses (i) through (v) above, the remaining Amount Available shall be treated as Excess Cashflow and distributed as specified in subsection (e) below.
Excess Cashflow. The Borrower shall apply any surplus on the Collection Account referred to in clause 7.9(c) in prepayment of the Loans on the relevant Repayment Date.
