Excess Operating Cash Flow Clause Samples

Excess Operating Cash Flow. For any fiscal year, commencing with the fiscal year ending December 31, 2004, an amount equal to (a) Consolidated EBITDA for such fiscal year plus any increases, or minus any decreases, as the case may be, resulting from Net Working Capital Changes for such period, minus extraordinary cash items of income during such period and plus extraordinary cash items of loss during such period, minus (b) the sum of (i) Capital Expenditures paid in cash to the extent not already deducted in the determination of Consolidated EBITDA, plus (ii) interest expense paid or payable in cash for such period, plus (iii) taxes paid or payable in cash during such period, plus (iv) scheduled principal payments and mandatory prepayments of Indebtedness made during such period, plus (v) cash consideration paid during such period for acquisitions permitted hereunder plus (vi) Restricted Payments permitted hereunder which were made during such period. For the avoidance of doubt, any amounts included in the calculation clauses (ii) and (iii) above, while accrued shall not be double counted in any subsequent period when such amounts are actually paid. Excluded Assets. The containers, vehicles, equipment and inventory in which the Lenders are precluded from taking a security interest pursuant to any Scheduled Contract during the term of such Scheduled Contract. Excluded Subsidiaries. Each of the Subsidiaries listed on Schedule 2 hereto under the heading "Excluded Subsidiaries".

Excess Operating Cash Flow. For any period, an amount equal to (a) Consolidated EBITDA for such period plus any increases, or minus any decreases, as the case may be, resulting from Net Working Capital Changes for such period, minus extraordinary cash items of income during such period and plus extraordinary cash items of loss during such period, minus (b) the sum of (i) Capital Expenditures paid in cash to the extent not already deducted in the determination of Consolidated EBITDA, plus (ii) interest expense paid in cash for such period, plus (iii) taxes paid in cash during such period, plus (iv) scheduled principal payments of Indebtedness made during such period, plus (v) cash consideration paid during such period for Permitted Acquisitions. For the purposes of this definition, Excess Operating Cash Flow with respect to the fiscal year ending April 30, 2003, shall be measured from the February 1, 2003 through April 30, 2003, and for each fiscal year thereafter, shall be measured for such fiscal year.

Excess Operating Cash Flow. The Borrowers shall make a prepayment of the Term Loan in an amount equal to the percentage of Excess Consolidated Operating Cash Flow corresponding to the Leverage Ratio set forth in the table below: -------------------------------------------------- ------------------------------------------------ Leverage Ratio Percentage of Excess Consolidated Operating Cash Flow Required as Mandatory Prepayment of Term Loan -------------------------------------------------- ------------------------------------------------ 3.50:1. 00 50% -------------------------------------------------- ------------------------------------------------ =>3.00:1.00 and <3.50:1.00 25% -------------------------------------------------- ------------------------------------------------

Excess Operating Cash Flow. Within ten (10) days after financial statements have been delivered pursuant to Section 6.04(a) and the related Compliance Certificate has been delivered pursuant to Section 6.04(c), commencing with the fiscal year ending April 30, 2010 and for each fiscal year thereafter, the Borrowers shall prepay an aggregate principal amount of the Term B Loan equal to 50% of Consolidated Excess Operating Cash Flow for the fiscal year covered by such financial statements; provided, that if, for any fiscal year, the ratio of Consolidated Senior Funded Debt to Consolidated EBITDA with respect to such fiscal year is less than or equal to 3.00 to 1.00, as evidenced by the Compliance Certificate delivered by the Borrowers pursuant to Section 6.04(c) with respect to the annual financial statements, the mandatory prepayment otherwise owed by the Borrowers pursuant to this Section 2.05(b)(i) shall be reduced to $0.00 for such fiscal year.