Mandatory Prepayment from Excess Cash Flow Sample Clauses

Mandatory Prepayment from Excess Cash Flow. The Borrower shall ensure that within ten Business Days of delivery of the most recent financial statements of the UK Group pursuant to Clause 16.1 (Annual Statements), commencing with the financial statements delivered in respect of the financial year to ending 31 December 2003, the Excess Cash Flow Payment Amount for the financial year to which such financial statements relate is applied in cancellation of the Available Facility and/or repayment of the Loan in accordance with Clause 9.6 (Application of 41 43 Proceeds).
AutoNDA by SimpleDocs
Mandatory Prepayment from Excess Cash Flow. On a date within sixty (60) days after each December 31 (each December 31 is a “Measuring Date”), beginning within sixty (60) days after December 31, 2006, Borrower shall prepay the unpaid balance of the Primary Principal Amount in an amount equal to fifty percent (50%) of the Excess Cash Flow earned during the twelve (12) month period ending on the immediately preceding Measuring Date.
Mandatory Prepayment from Excess Cash Flow. The Company shall ensure that, within thirty (30) days of delivery to the Facility Agent of the most recent audited consolidated financial statements of the Company pursuant to Clause 21.1(a), commencing with the audited consolidated financial statements of the Company for the financial year ending 31 December 2003, an amount equal to fifty (50) per cent. of the amount of the Excess Cash Flow exceeding a minimum amount of [e]7,500,000 for the financial year to which such financial statements relate shall be paid to the Facility Agent and applied in prepayment of the outstandings under the Senior Facilities in accordance with Clause 9.7 (Application of Prepayments).
Mandatory Prepayment from Excess Cash Flow. (a) Subject to paragraphs (b) and (c), the Parent shall apply, or procure that there is applied, within ten Business Days of the delivery to the Facility Agent under Clause 21.2(a)(i) of the audited consolidated Accounts of the Group for each annual Accounting Period an amount equal to fifty per cent. (50%) of the amount by which the Excess Cash Flow for such period (the "Relevant Accounting Period") exceeds euro 5,000,000, in or towards prepayment of the Utilisations in accordance with this Clause 9. (b) Subject to paragraph (c), if the ratio of Total Cash Pay Debt to Consolidated EBITDA for the annual Accounting Period by reference to which such Excess Cash Flow is calculated is less than 3.0:1.0, the Parent shall not be obliged to make the prepayment referred to in paragraph (c) and for the avoidance of doubt, these funds may be used for the general corporate purposes of the Group. (c) If the ratio of Total Cash Pay Debt to Consolidated EBITDA for any twelve month period ending on an Accounting Date falling on or before the first anniversary of the last day of the Relevant Accounting Period is equal to or greater than 3.0:1.0, the Parent shall apply, or shall procure that a Subsidiary of it shall apply forthwith in prepayment of the Utilisations the amount which it would otherwise be required to prepay under paragraph (a).
Mandatory Prepayment from Excess Cash Flow. The Borrower shall ensure that within 15 Business Days of delivery of the most recent financial statements of the UK Group pursuant to Clause 16.2 (Quarterly Statements), commencing with the financial statements delivered in respect of the Financial Quarter ending 31 December 2002, the Borrower's determination of the Excess Cash Flow Payment Amount (if any) for the Financial Quarter to which such quarterly financial statements relate (such determination of the Excess Cash Flow Payment Amount to be made by reference to such quarterly financial statements and to be set out in sufficient detail (including the relevant numbers used in computing each component part of "Operating Cash Flow"
Mandatory Prepayment from Excess Cash Flow. For each ------------------------------------------ fiscal year ending on or after December 31, 2000, the Mexican Borrower shall make a prepayment of principal on the Mexican Term Loan (or, if the Mexican Term Loan shall have been repaid in full, the US Borrower shall make a prepayment of principal on the US Term Loan) in an amount equal to fifty percent (50%) of Consolidated Excess Cash Flow for such fiscal year; provided that no such prepayment shall be required -------- ---- hereunder if the Funded Debt to EBITDAR Ratio for such fiscal year is less than 3.25 to 1.00 and no Default or Event of Default is continuing at the time the prepayment is due. Any such prepayment shall be due ninety (90) days after the end of each applicable fiscal year.
Mandatory Prepayment from Excess Cash Flow. The Principal Borrower shall ensure that, within ten Business Days of delivery of the most recent annual consolidated financial statements of the Restricted Group pursuant to Clause 20.1 (Annual Statements) (and commencing with the financial statements delivered in respect of the financial year ended 31 December 2003), 50 per cent. of Excess Cash Flow for the financial year to which such financial statements relate is paid to the Agent and applied in repayment of the Loan in accordance with Clause 13.5 (Application of Proceeds), unless the ratio of Senior Debt to EBITDA for that financial year is less than 3.0:1.
AutoNDA by SimpleDocs
Mandatory Prepayment from Excess Cash Flow. Borrower shall prepay the outstanding amount of the Term Loan in an amount equal to 50% of Excess Cash Flow for each fiscal year commencing with fiscal year 2001, payable upon delivery of the financial statements to Agent referred to in and required by Section 9.7 for such fiscal year but in any event not later than one hundred five (105) days after the end of each such fiscal year, which amount shall be applied to the outstanding principal installments on the Term Loan in the inverse order of the maturities thereof. In the event that the financial statement is not so delivered, then a calculation based upon estimated amounts shall be made by Agent upon which calculation Borrower shall make the prepayment required by this Section 2.12, subject to adjustment when the financial statement is delivered to Agent as required hereby. The calculation made by Agent shall not be deemed a waiver of any rights Agent or Lenders may have as a result of the failure by Borrower to deliver such financial statement.
Mandatory Prepayment from Excess Cash Flow. Genesys S.A. or Vialog Corporation shall procure that within 14 days of delivery of the annual consolidated accounts of the Group under Clause 19.1 (Annual Statements), the Outstandings shall be prepaid in an aggregate amount equal to 50% of the Excess Cash Flow of the Group above USD 2,500,000. Any such prepayment shall be applied in accordance with Clause 12.7 (Application of Prepayments).
Mandatory Prepayment from Excess Cash Flow. 12.3.1 The Borrower shall procure that within 14 days of delivery of the annual consolidated accounts of the Group under Clause 19.1 (Annual Statements), the Outstandings shall be prepaid in an aggregate amount equal to 75% of the Excess Cash Flow of the Group above USD 5,000,000. 12.3.2 Any prepayment made under the terms of this clause 12.3 shall be applied in accordance with Clause 12.7 (
Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!