Common use of Mandatory Prepayments from Incurrence of Indebtedness Clause in Contracts

Mandatory Prepayments from Incurrence of Indebtedness. (i) If on any date, the Parent or any Subsidiary of the Parent shall receive Net Cash Proceeds from any issuance or incurrence of Indebtedness subsequent to the A&R Closing Date, other than Indebtedness permitted to be incurred pursuant to Section 9.08 hereof (except to the extent the relevant Indebtedness constitutes Refinancing Term Loans incurred to refinance all or a portion of any Class of then outstanding Term Loans), then the Company shall, within five Business Days of the date the Parent and/or the relevant Subsidiaries receive such Net Cash Proceeds, prepay the Term Loans (and/or provide cover for Letter of Credit Liabilities as specified in paragraph (d) below) in an amount equal to such Net Cash Proceeds. (ii) Amounts to be applied in connection with prepayments made pursuant to this Section 3.02(b) shall be applied ratably to the prepayment of each Class of outstanding Term Loans (which may not be reborrowed) to the scheduled installments of principal thereof in such order of application as the Company may direct (in the absence of any such direction, in direct order of maturity); provided that, to the extent any prepayment is made in respect of Net Cash Proceeds of any Refinancing Term Loans, such Net Cash Proceeds shall be applied to prepay only such Class of Term Loans being refinanced. Each prepayment of the Loans under this Section 3.02(b) shall be accompanied by accrued interest to the date of such prepayment on the amount prepaid.

Mandatory Prepayments from Incurrence of Indebtedness. (iA) If on any date, the Parent or any Subsidiary of the Parent shall receive Net Cash Proceeds from any issuance or incurrence of Indebtedness subsequent to the A&R Closing Date, other than Indebtedness permitted to be incurred pursuant to Section 9.08 hereof (except to the extent the relevant Indebtedness constitutes Refinancing Term Loans incurred to refinance all or a portion of any Class of then outstanding Term Loans), then the Company shall, within five Business Days of the date the Parent and/or the relevant Subsidiaries receive such Net Cash Proceeds, prepay the Term Loans (and/or provide cover for Letter of Credit Liabilities as specified in paragraph (d) below) in an amount equal to such Net Cash Proceeds. (iiB) Amounts to be applied in connection with prepayments made pursuant to this Section 3.02(b) shall be applied ratably to the prepayment of each Class of outstanding Term Loans (which may not be reborrowed) to the scheduled installments of principal thereof in such order of application as the Company may direct (in the absence of any such direction, in direct order of maturity); provided that, to the extent any prepayment is made in respect of Net Cash Proceeds of any Refinancing Term Loans, such Net Cash Proceeds shall be applied to prepay only such Class of Term Loans being refinanced. Each prepayment of the Loans under this Section 3.02(b) shall be accompanied by accrued interest to the date of such prepayment on the amount prepaid.