Issuances of Equity. Immediately upon receipt by a Credit Party of proceeds from any Equity Issuance, the Borrower shall prepay the Loans in an aggregate amount equal to one-hundred percent (100%) of the Net Cash Proceeds of such Equity Issuance to the Lenders (such prepayment to be applied as set forth in clause (ix) below).
Issuances of Equity. Immediately upon receipt by a Credit Party or any of its Subsidiaries of proceeds from any Equity Issuance, the Borrower shall forward 100% of the Net Cash Proceeds of such Equity Issuance to the Lenders as a prepayment of the Loans (to be applied as set forth in Section 3.3(c) below).
Issuances of Equity. Immediately upon receipt by a Consolidated Party of proceeds from any Equity Issuance other than an Excluded Equity Issuance, the Borrower shall prepay the Revolving Loans in an aggregate amount equal to 50% of the Net Cash Proceeds of such Equity Issuance (such prepayment to be applied as set forth in clause (v) below).
Issuances of Equity. Immediately upon receipt by any Credit Party or any of its Subsidiaries of proceeds from any Equity Issuance, the Borrower shall prepay the Loans and/or cash collateralize the LOC Obligations in an aggregate amount equal to fifty percent (50%) of the Net Cash Proceeds of such Equity Issuance (such prepayment to be applied as set forth in clause (vii) below).
Issuances of Equity. Promptly and in any event within five (5) days following the receipt by any Borrower of Net Cash Proceeds from any Equity Issuance occurring after the Closing Date, the Borrowers shall prepay the Loans in an aggregate amount equal to one-hundred percent (100%) of the Net Cash Proceeds of such Equity Issuance (such prepayment to be applied as set forth in clause (v) below).
Issuances of Equity. Immediately upon receipt by the ------------------- Borrower or any of its Subsidiaries of proceeds from any Equity Issuance (other than the issuance of capital stock of the Borrower in connection with the Borrower's purchase of the Acquired Assets), the Borrower shall forward 50% of the Net Cash Proceeds of such Equity Issuance to the Lenders as a prepayment of the Loans and Term Loans (to be applied as set forth in Section 3.3(c) below).
Issuances of Equity. Immediately upon receipt by any Credit Party or any of its Subsidiaries of proceeds from any Equity Issuance, the Borrower shall prepay the Loans and/or cash collateralize the LOC Obligations in an aggregate amount equal to 50% of the Net Cash Proceeds of such Equity Issuance (such prepayment to be applied as set forth in clause (vii) below); provided, however, that such Net Cash Proceeds shall not be required to be so applied to the extent the Borrower delivers to the Administrative Agent a certificate stating that it intends to use such Net Cash Proceeds to finance a Permitted Acquisition within 90 days (provided that (A) if during such 90 day period any Credit Party enters into a definitive purchase agreement or binding letter of intent with respect to a Permitted Acquisition and (B) if the Leverage Ratio as of the most recent fiscal quarter ended prior to such Equity Issuance is less than 3.0 to 1.0, then within 180 days) of the receipt of such Net Cash Proceeds, it being expressly agreed that any Net Cash Proceeds not used in connection with a Permitted Acquisition within such period shall be applied to repay the Loans and/or cash collateralize the LOC Obligations immediately thereafter.
Issuances of Equity. Immediately upon receipt by any Credit Party or any of its Subsidiaries of proceeds from any Equity Issuance, the Borrower shall prepay the Loans in an aggregate amount equal to fifty percent (50%) of the Net Cash Proceeds of such Equity Issuance (such prepayment to be applied as set forth in clause (viii) below); provided that no such prepayment shall be required if (A) the Borrower delivers an officer’s certificate to the Administrative Agent demonstrating that the Borrower’s Senior Secured Leverage Ratio is less than 1.75 to 1.0 for the quarter ended prior to such Equity Issuance or (B) to the extent the Borrower delivers to the Administrative Agent a certificate stating that the Credit Parties intend to use such Net Cash Proceeds to finance a Permitted Acquisition within 180 days of the receipt of such Net Cash Proceeds, it being expressly agreed that Net Cash Proceeds not so used to finance such Permitted Acquisition shall be applied to prepay the Loans immediately thereafter.
Issuances of Equity. (A) At all times while the Borrowers are not in compliance with any Bi-Annual Principal Reduction and in connection with the closing of any Equity Issuance, the Borrowers shall prepay the Loans, within one (1) Business Day of the closing of any Equity Issuance, in an aggregate amount equal to the greater of (x) the product of thirty five percent (35%) and the Net Cash Proceeds of each such Equity Issuance and (y) the difference between Bi-Annual Principal Reduction payments that are due and payable and the principal payments that have been applied to the outstanding principal balance of the Term Loans and the Reindeer Debt (to the extent positive), and, (B) at all times while the Borrowers are in compliance with each Bi-Annual Principal Reduction and in connection with the closing of any Equity Issuance, the Borrowers shall prepay the Loans, within one (1) Business Day of the closing of any Equity Issuance, in an aggregate amount equal the product of ten percent (10%) and the Net Cash Proceeds of each such Equity Issuance. In connection therewith, the Borrowers shall, pursuant to Irrevocable Instructions, cause the Persons obligated to pay such Net Cash Proceeds to remit the Equity Net Cash Proceeds Payment by wire transfer in immediately available funds directly to the Collection Account on the closing date of the Equity Issuance instead of paying such amounts to any Credit Party or a Subsidiary or Affiliate of a Credit Party. Such prepayment shall be prepaid in accordance with clause (ix) below; provided, however, that any Net Cash Proceeds received with respect to an ATM Offering shall be payable no later than three (3) Business Days following the filing of the related quarterly report made with the SEC.
Issuances of Equity. Without the prior written consent of Lockheed Xxxxxx (which consent shall not be unreasonably withheld, conditioned or delayed and shall be provided unless reasonably withheld within five (5) Business Days after notice by the Issuer to Lockheed Xxxxxx of the contemplated equity issuance; provided, that any issuance that is a Market Price Premium Transaction shall be deemed reasonable and to have been consented to by Lockheed Xxxxxx and shall solely require notice to Lockheed Xxxxxx), the Issuer shall not issue, sell or grant any shares of its capital stock or other equity or voting interests, or any securities or rights convertible into, exchangeable or exercisable for, or evidencing the right to subscribe for any shares of its capital stock or other equity or voting interests, or any rights, warrants or options to purchase any shares of its capital stock or other equity or voting interests, other than in an Excluded Issuance.
