Common use of Mandatory Prepayment Upon Asset Disposition Clause in Contracts

Mandatory Prepayment Upon Asset Disposition. On the first Business Day after the date of receipt thereof by Company or any of its Subsidiaries of Net Sale Proceeds from any Asset Disposition (other than an Asset Disposition permitted by Section 8.3 or Section 8.4(b), an amount equal to 100% of the Net Sale Proceeds from such Asset Disposition shall be applied as a mandatory repayment of principal of the Loans and cash collateralization of the L/C Obligations, in the order set forth in Section 4.4, provided, that with respect to no more than $25,000,000 of such Net Sale Proceeds arising from Asset Dispositions in any Fiscal Year of Company, the Net Sale Proceeds therefrom shall not be required to be so applied on such date to the extent that (i) no Event of Default or Unmatured Event of Default then exists, (ii) Company delivers a certificate to Administrative Agent on or prior to such date stating that such Net Sale Proceeds shall be used to purchase assets used or to be used in the businesses referred to in Section 8.10 within 365 days following the date of such Asset Disposition (which certificate shall set forth the estimates of the proceeds to be so expended); provided, further, that if all or any portion of such Net Sale Proceeds not so applied to the repayment of Loans are not so used within such 365 day period, such remaining portion shall be applied on the last day of the respective period as a mandatory repayment of principal of outstanding Loans as provided above in this Section 4.3(c).

Mandatory Prepayment Upon Asset Disposition. On the first Business Day after the date of receipt thereof by Company or Borrower and/or any of its their Subsidiaries of Net Sale Proceeds from any Asset Disposition (other than an Asset Disposition permitted by Section 8.3 or Section 8.4(b)Disposition, an amount equal to 100% of the Net Sale Proceeds from such Asset Disposition shall be applied as a mandatory repayment of principal of the Loans and cash collateralization of the L/C Obligations, in the order set forth in Section 4.4Term Loans, provided, that with respect to no more than $25,000,000 5,000,000 in the aggregate of such Net Sale Proceeds arising received from Asset Dispositions in any Fiscal Year of Companyand after the Closing Date, the Net Sale Proceeds therefrom shall not be required to be so applied on such date to the extent that (i) no Event of Default or Unmatured Event of Default then exists. After the prepayment in full of all Term Loans, Borrower shall repay Revolving Loans and cash collateralize LC Obligations (ii) Company delivers a certificate to Administrative Agent on or prior to such date stating that such Net Sale Proceeds shall be used to purchase assets used or to be used in the businesses referred to manner set forth in Section 8.10 within 365 days following 4.4(a)) on the date of receipt of such Asset Disposition proceeds by an amount equal to the lesser of (which certificate shall set forth y) the estimates amount of Revolving Loans and LC Obligations then outstanding or (z) the proceeds to be so expended); provided, further, that if all or any remaining portion of such Net Sale Proceeds not so applied used to repay Term Loans, and the repayment of Loans are not so used within such 365 day period, such remaining portion Revolving Commitments shall be applied on the last day permanently reduced by that portion of the respective period as a mandatory repayment of principal of outstanding Loans as provided above in this Section 4.3(c)Net Sale Proceeds not used to repay Term Loans.

Mandatory Prepayment Upon Asset Disposition. On the first Business Day after the date of receipt thereof by Company or Holdings, Borrower and/or any of its Subsidiaries of Net Sale Proceeds from any Asset Disposition (other than an Asset Disposition permitted by Section 8.3 or Section 8.4(b)Disposition, an amount equal to 100% of the Net Sale Proceeds from such Asset Disposition shall be applied as a mandatory repayment of principal of the Loans and cash collateralization of the L/C Obligationsas provided in Section 4.5, in the order each case subject to modification of such application as set forth in Section 4.44.5(c), provided, that with respect to no more than $25,000,000 2,000,000 in the aggregate of such Net Sale Proceeds arising from Asset Dispositions in any Fiscal Year of Companyand after the Closing Date, the Net Sale Proceeds therefrom shall not be required to be so applied on such date to the extent that (i) no Event of Default or Unmatured Event of Default then exists, (ii) Company exists at the time of receipt of such proceeds and Borrower delivers a certificate at the end of the next Fiscal Quarter to Administrative Agent on or prior to such date stating that such Net Sale Proceeds shall be used or contractually committed to be used to purchase assets used or to be used in the businesses referred to in Section 8.10 8.11 within 365 180 days following the date of such Asset Disposition (which certificate shall set forth the estimates of the proceeds to be so expended); , and provided, further, that if all or any portion of such Net Sale Proceeds not so applied to the repayment of Loans are not so used (or contractually committed to be used) within such 365 180 day period, as provided above, such remaining portion shall be applied on the last day of the respective period as a mandatory repayment of principal of outstanding Loans as provided above in this Section 4.3(c4.4(c).

Mandatory Prepayment Upon Asset Disposition. On Company shall prepay the first principal of the Loans within five (5) Business Day Days after the date of receipt thereof by Company or and/or any of its Subsidiaries of Net Sale Proceeds from any Asset Disposition (other than an Asset Disposition permitted by Section 8.3 or Section 8.4(bSections 8.4(a) through 8.4(l), an amount equal to 100% of the Net Sale Proceeds from such Asset Disposition shall be applied as a mandatory repayment of principal of the Loans and cash collateralization of the L/C Obligations, in the order set forth in Section 4.4), provided, that with respect to no more than $25,000,000 of such Net Sale Proceeds arising from Asset Dispositions in any Fiscal Year of Company, the Net Sale Proceeds therefrom shall not be required to be so applied on such date to the extent that (i) no Event of Default or Unmatured Event of Default then exists, (ii) exists and the Company delivers has delivered a certificate to the Administrative Agent on or prior to such date stating that such Net Sale Proceeds shall be (A) used to purchase assets used or to be used in the businesses referred to in Section 8.10 7.4 within 365 360 days following the date of such Asset Disposition or (which certificate shall set forth B) pending such purchase, used to voluntarily prepay outstanding Loans to the estimates extent outstanding on the date of the proceeds to be so expended)receipt of such Net Sale Proceeds; provided, further, that (1) if all or any portion of such Net Sale Proceeds not so applied to the repayment of Loans are not so used (or contractually committed to be used) within such 365 360 day periodperiod and, to the extent not previously used to voluntarily prepay Loans pursuant to clause (B), such remaining portion shall be applied on the last day of the respective period as a mandatory repayment of principal of outstanding Loans as provided above in this Section 4.3(c4.3(b) and (2) if all or any portion of such Net Sale Proceeds are not required to be applied on the 360th day referred to in clause (A) above because such amount is contractually committed to be used and subsequent to such date such contract is terminated or expires without such portion being so used, then such remaining portion shall be applied on the date of such termination or expiration as a mandatory repayment of principal of outstanding Loans as provided in this Section 4.3(b) to the extent not previously used to voluntarily prepay Loans pursuant to clause (B).