Mandatory Prepayment of Excess Cash Flow. Commencing with the fiscal year ending December 31, 2022, and for each fiscal year thereafter, Borrowers shall make a prepayment in respect of the Term Loans in an amount equal to Excess Cash Flow for such Fiscal Year multiplied by the applicable percentage set forth below corresponding to the Total EBITDA Net Leverage Ratio as of the last day of the applicable fiscal year, provided that no Prepayment Fee shall be due in respect of prepayment in accordance with this Section 2.3(d). Greater than 3.50 to 1.00 50.0%
Mandatory Prepayment of Excess Cash Flow. The Borrower shall prepay the Loans in accordance with Section 2.11(h) within (x) 120 days after the end of each fiscal year of the Borrower, commencing with the fiscal year ending December 31, 2012 and (y) within 70 days after the end of the second fiscal quarter in each fiscal year of the Borrower, commencing with the fiscal quarter ending June 30, 2013, in each case in an aggregate amount equal to any excess of (i) the Applicable Prepayment Percentage of (a) any increase in Cumulative Distributable Cash of the Borrower and the Subsidiaries during the Applicable Period (it being understood that the determination of the amount referred to in clause (b) of the definition of “Cumulative Distributable Cash” in Section 1.01 shall not be deemed to be an increase in Cumulative Distributable Cash and shall be disregarded for purposes hereof) minus (b) the aggregate amount of prepayments (if any) of Term Loans made during the Applicable Period pursuant to paragraph (c) above over (ii) the aggregate amount of all voluntary prepayments of Term Loans during the Applicable Period to the extent such prepayments are not funded with the proceeds of Indebtedness.
Mandatory Prepayment of Excess Cash Flow. The U.S. Borrower shall prepay the Loans in accordance with Section 2.11(e) within 120 days after the end of each fiscal year of Parent commencing with the fiscal year ending on December 31, 2007, in an aggregate amount equal to (i) the Applicable Prepayment Percentage of Excess Cash Flow of the Parent and the Subsidiaries during such fiscal year minus (ii) the aggregate amount of voluntary prepayments (if any) of Loans made during such period or such fiscal year, as applicable, pursuant to paragraph (a) above; provided that Excess Cash Flow for the fiscal year ending on December 31, 2007 shall be measured from the first day of the first fiscal month starting on or after the Closing Date through the end of such fiscal year.
Mandatory Prepayment of Excess Cash Flow. The Parent shall procure that, within ten Business Days of the delivering to the Agent of aggregated and consolidated audited Accounts of the Group pursuant to Clause 17.1 (Annual Statement) for any annual Accounting Period, the Term Outstandings shall be prepaid in an aggregate amount equal to 50% (fifty per cent.) of the Excess Cash Flow (minus (pounds sterling)1,000,000) of the Group for such Accounting Period to which such annual consolidated accounts relate. Any such prepayment shall be applied in accordance with Clause 9.5 (Application of Prepayments).
Mandatory Prepayment of Excess Cash Flow. The applicable Borrowers shall prepay the Loans in accordance with Section 2.10(f) within 120 days after the end of each fiscal year of Parent commencing with the fiscal year ending on December 31, 2012, in an aggregate amount equal to (i) the Applicable Prepayment Percentage of Excess Cash Flow of the Parent and the Subsidiaries (A) in the case of the fiscal year ending December 31, 2012, during the period from July 1, 2012 through December 31, 2012 and (B) in the case of any other fiscal year, during such fiscal year, minus (ii) the aggregate amount of voluntary prepayments (if any) of Loans (with a corresponding reduction in the Revolving Facility Commitments, if applicable) made during such fiscal period pursuant to paragraph (a) above.
Mandatory Prepayment of Excess Cash Flow. The Borrower shall prepay the Loans within 120 days after the end of each fiscal year of the Borrower commencing with the fiscal year ending on December 31, 2005, in an aggregate amount equal to the sum of the Applicable Prepayment Percentage of (i) any increase in Cumulative Distributable Cash of the Borrower and the Subsidiaries during such fiscal year (it being understood that the determination of the amount referred to in clause (i) of the definition of “Cumulative Distributable Cash” in Section 1.01 shall not be deemed to be an increase in Cumulative Distributable Cash for purposes hereof) minus (ii) the sum of (A) the aggregate amount of prepayments (if any) of Term Loans made during such fiscal year pursuant to paragraph (c) above plus (B) the Applicable Revolving Reduction Amount for such fiscal year.
Mandatory Prepayment of Excess Cash Flow. The Borrower shall prepay the Loans in accordance with Section 2.11(h) within 120 days after the end of each fiscal year of the Borrower commencing with the fiscal year ending on December 31, 2005, in an aggregate amount equal to the sum of the Applicable Prepayment Percentage of (i) any increase in Cumulative Distributable Cash of the Borrower and the Subsidiaries (x) solely for the fiscal year ending on December 31, 2005, during the period beginning on April 1, 2005 and ending on December 31, 2005 and (y) thereafter, during such fiscal year (it being understood that the determination of the amount referred to in clause (b) of the definition of “Cumulative Distributable Cash” in Section 1.01 shall not be deemed to be an increase in Cumulative Distributable Cash and shall be disregarded for purposes hereof) minus (ii) the aggregate amount of prepayments (if any) of Loans made during such period or such fiscal year, as applicable, pursuant to paragraph (c) above.
Mandatory Prepayment of Excess Cash Flow. (a) In this Clause 9.8:-
Mandatory Prepayment of Excess Cash Flow. The Borrower shall prepay the Loans within 120 days after the end of each fiscal year of the Borrower commencing with the fiscal year ending on December 31, 2005, in an aggregate amount equal to the sum of the Applicable Prepayment Percentage of (i) any increase in Cumulative Distributable Cash of the Borrower and the Subsidiaries during such fiscal year (it being understood that the determination of the amount referred to in clause (i) of the definition of “Cumulative Distributable Cash” in Section 1.01 shall not be deemed to be an increase in Cumulative Distributable Cash for purposes hereof) minus (ii) the sum of (A) the aggregate amount of prepayments (if any) of Term Loans made during such fiscal year pursuant to paragraph (c) above (to the extent such prepayments have not already been deducted in determining Cumulative Distributable Cash for the Reference Period that includes such fiscal year) plus (B) the Applicable Revolving Reduction Amount for such fiscal year.”
C. A new clause (f) shall be inserted at the end of said Section 2.10, immediately after clause (e), to read as follows:
Mandatory Prepayment of Excess Cash Flow. Following the end of each calendar month, commencing with the month ending August 31, 2000, Borrower shall prepay all or a portion of the Term Loan in an aggregate amount equal to the lesser of $100,000 or the amount by which EBITDA of Borrower and its Subsidiaries on a consolidated basis for such month exceeds the aggregate amount of all scheduled payments of principal and interest required or paid during such month in respect of any and all Debt of Borrower and its Subsidiaries on a consolidated basis, including without limitation Capitalized Lease Obligations and the scheduled payment on the Term Loan. Each prepayment pursuant to this Section shall be made on or before the date on which financial statements are delivered or required to be delivered, whichever is the first to occur, pursuant to Section 4.3 with respect to the month for which such calculation is being made.
