Issuance of Equity Securities. On the third Business Day following receipt by any Parent Company of any Cash proceeds from a capital contribution to, or the issuance of any Capital Stock of, any Parent Company (other than from Sponsor, Holdings or any other Credit Party, or pursuant to any employee stock or stock option compensation plan), Company shall prepay the Loans and/or the Revolving Commitments shall be permanently reduced as set forth in Section 2.15(b) in an aggregate amount equal to 50% of such proceeds, net of underwriting discounts and commissions and other reasonable costs and expenses associated therewith, including reasonable legal fees and expenses; provided, during any period in which the Leverage Ratio (determined for any such period by reference to the most recent Compliance Certificate delivered pursuant to Section 5.1(c) calculating the Leverage Ratio) shall be 3.50:1.00 or less, Company shall only be required to make the prepayments and/or reductions otherwise required hereby in an amount equal to 25% of such net proceeds.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Kraton Polymers LLC), Credit and Guaranty Agreement (Kraton Polymers LLC)
Issuance of Equity Securities. On No later than the third second Business Day following the receipt by any Parent Company Holdings of any Cash proceeds from a capital contribution to, or the issuance of any Capital Stock of, Holdings or any Parent Company of its Subsidiaries (other than from Sponsor, Holdings or any other Credit Party, or pursuant to any employee stock or stock option compensation plan), Company shall prepay the Loans and/or the Revolving Commitments shall be permanently reduced as set forth in Section 2.15(b) in an aggregate amount equal to 50% of such proceeds, net of underwriting discounts and commissions and other reasonable costs and expenses associated therewith, including reasonable legal fees and expenses; provided, during any period in which the Leverage Ratio (determined for any such period by reference to the most recent Compliance Certificate delivered pursuant to Section 5.1(c5.1(d) calculating the Leverage Ratio) shall be 3.50:1.00 5.00:1.00 or less, Company shall only be required to make the prepayments and/or reductions otherwise required hereby in an amount equal to 25% of such net proceeds.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (DynCorp International Inc), Credit and Guaranty Agreement (Services International LLC)
Issuance of Equity Securities. On No later than three (3) Business Days following the third Business Day following date of receipt by any Parent Company Holdings of any Cash proceeds from a capital contribution to, or the issuance of any Capital Stock of, Holdings or any Parent Company of its Subsidiaries (other than from Sponsor, Holdings or any other Credit Party, or pursuant to any employee stock or stock option compensation planplan or a Permitted Acquisition or warrants or options in existence as of the Closing Date), Company shall prepay the Loans and/or the Revolving Commitments shall be permanently reduced as set forth in Section 2.15(b) in an aggregate amount equal to 5075% of such proceeds, net proceeds (net of underwriting discounts and commissions and other reasonable costs and expenses associated therewith, including reasonable legal fees and expenses); provided, during any period in which the Leverage Ratio (determined for any such period by reference to the most recent Compliance Certificate delivered pursuant to Section 5.1(c5.1(d) calculating the Leverage Ratio) shall be 3.50:1.00 3.0:1.00 or less, Company shall only be required to make the prepayments and/or reductions otherwise required hereby in an amount equal to 2550% of such net proceeds.
Appears in 1 contract
Samples: Pledge and Security Agreement (American Reprographics CO)
Issuance of Equity Securities. On No later than three (3) Business Days following the third Business Day following date of receipt by any Parent Company Holdings of any Cash proceeds from a capital contribution to, or the issuance of any Capital Stock of, Holdings or any Parent Company of its Subsidiaries (other than from Sponsor, Holdings or any other Credit Party, or pursuant to any employee stock or stock option compensation planplan or a Permitted Acquisition or warrants or options in existence as of the Closing Date), Company shall prepay the Loans and/or the Revolving Commitments shall be permanently reduced as set forth in Section 2.15(b) in an aggregate amount equal to 50% of such proceeds, net proceeds (net of underwriting discounts and commissions and other reasonable costs and expenses associated therewith, including reasonable legal fees and expenses); provided, during any period in which the Leverage Ratio (determined for any such period by reference to the most recent Compliance Certificate delivered pursuant to Section 5.1(c5.1(d) calculating the Leverage Ratio) shall be 3.50:1.00 3.0:1.00 or less, Company shall only be required to make the prepayments and/or reductions otherwise required hereby in an amount equal to 25% of such net proceeds.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (American Reprographics CO)
Issuance of Equity Securities. On No later than the third Business Day following the date of receipt by Company or any Parent Company of its Subsidiaries of any Cash proceeds from a capital contribution to, or the issuance of any Capital Stock of, Company or any Parent Company of its Subsidiaries (other than from Sponsor, Holdings or any other Credit Party, or pursuant to any employee stock or stock option compensation plan), Company shall prepay the Loans and/or the Revolving Commitments shall be permanently reduced as set forth in Section 2.15(b2.13(b) in an aggregate amount equal to 5075% of such proceeds, net of underwriting discounts and commissions and other reasonable costs and expenses associated therewith, including reasonable legal fees and expenses; provided, during any period in which the Leverage Ratio (determined for any such period by reference to the most recent Compliance Certificate delivered pursuant to Section 5.1(c) calculating the Leverage Ratio) shall be 3.50:1.00 2.50:1.00 or less, Company shall only be required to make the prepayments and/or reductions otherwise required hereby in an amount equal to 2550% of such net proceeds.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Carmike Cinemas Inc)