Common use of Mandatory Prepayments of Term Loans Clause in Contracts

Mandatory Prepayments of Term Loans. (a) Upon the consummation of any Asset Sale or any Financing by the Borrower or any Subsidiary of the Borrower, other than those Asset Sales permitted pursuant to Section 7.3(B)(i) except to the extent that the Net Cash Proceeds of such Asset Sale, when combined with the Net Cash Proceeds of all such Asset Sales during the immediately preceding twelve-month period, do not exceed $1,000,000, and except as provided in the second sentence of this Section 2.5(B)(i)(a), within three (3) Business Days after the Borrower's or any of its Subsidiaries' (i) receipt of any Net Cash Proceeds from any such Asset Sale or Financing, or (ii) conversion to cash or Cash Equivalents of non-cash proceeds (whether principal or interest and including securities, release of escrow arrangements or lease payments) received from any Asset Sale, the Borrower shall make a mandatory prepayment of the Obligations in an amount equal to one hundred percent (100%) of such Net Cash Proceeds or such proceeds converted from non-cash to cash or Cash Equivalents. Net Cash Proceeds of Asset Sales of capital assets with respect to which the Borrower shall have given the Agent written notice of its intention to replace such capital assets within nine months following such Asset Sale shall not be subject to the provisions of the first sentence of this Section 2.5(B)(i)(a) unless and to the extent that such applicable period shall have expired without such replacement having been made.

Mandatory Prepayments of Term Loans. (a) Upon the consummation of any Asset Sale or any Financing by the Borrower or any Subsidiary of the Borrower, other than those Asset Sales permitted pursuant to Section 7.3(B)(i) and (ii), except to the extent that the Net Cash Proceeds of such Asset Sale, when combined with the Net Cash Proceeds of all such Asset Sales during the immediately preceding twelve-month period, do not exceed $1,000,0003,000,000, and except as provided in the second sentence of this Section 2.5(B)(i)(a), within three thirty (330) Business Days days after the Borrower's or any of its Subsidiaries' (i) receipt of any Net Cash Proceeds from any such Asset Sale or FinancingSale, or (ii) conversion to cash or Cash Equivalents of non-cash proceeds (whether principal or interest and including securities, release of escrow arrangements or lease payments) received from any Asset Sale, the Borrower shall make a mandatory prepayment of the Obligations in an amount equal to one hundred percent (100%) of such Net Cash Proceeds or such proceeds converted from non-cash to cash or Cash Equivalents. Net Cash Proceeds of Asset Sales of capital assets with respect to which the Borrower shall have given the Agent written notice of its intention to replace such capital the assets within nine months twelve (12) months, in the case of a sale of equipment, or eighteen (18) months, in the case of a sale of real property, following such Asset Sale shall not be subject to the provisions of the first sentence of this Section 2.5(B)(i)(a) unless and to the extent that such applicable period shall have expired without such replacement having been made.

Mandatory Prepayments of Term Loans. (a) Upon (1) the consummation of any Asset Sale (other than sales of inventory or any Financing worn-out or obsolete property in the ordinary course of business) by the Borrower or any Subsidiary of the BorrowerBorrower or (2) the Borrower or any Subsidiary suffering an Event of Loss, other than those Asset Sales permitted pursuant to Section 7.3(B)(i) except to the extent that the Net Cash Proceeds of such Asset SaleSale or Event of Loss, when combined with the Net Cash Proceeds of all such Asset Sales and Events of Loss during the immediately preceding twelve12-month period, do not exceed $1,000,000, and except as provided in the second sentence of this Section 2.5(B)(i)(a)3,000,000, within three (3) Business Days after the Borrower's or any of its Subsidiaries' (i) receipt of any Net Cash Proceeds from any such Asset Sale or FinancingEvent of Loss, or (ii) conversion to cash or Cash Equivalents of non-cash proceeds (whether principal or interest and including securities, release of escrow arrangements or lease payments) received from any Asset SaleSale or Event of Loss, the Borrower shall make a mandatory prepayment of the Obligations in an amount equal to one hundred percent (100%) of such Net Cash Proceeds or such proceeds converted from non-cash to cash or Cash Equivalents. Net Cash Proceeds of Asset Sales Events of capital assets Loss, with respect to which the Borrower shall have given the Agent written notice of its intention to repair or replace the property subject to any such capital assets Event of Loss within nine months one year following such Asset Sale Event of Loss, shall not be subject to the provisions of the first sentence of this Section 2.5(B)(i)(a) unless and to the extent that such applicable period shall have expired without such repair or replacement having been made.

Mandatory Prepayments of Term Loans. (a) Upon the consummation of any Asset Sale or any Financing by the Borrower or any Subsidiary of the Borrower, Borrower other than those Asset Sales permitted pursuant to Section 7.3(B)(i), (ii), (iii), (iv) and (v), except to the extent that the Net Cash Proceeds of such Asset Sale, when combined with the Net Cash Proceeds of all such Asset Sales during the immediately preceding twelve-month period, do not exceed $1,000,0005,000,000, and except as provided in the second sentence and third sentences of this Section 2.5(B)(i)(a), within three fifteen (315) Business Days after the Borrower's or any of its Subsidiaries' (i) receipt of any Net Cash Proceeds from any such Asset Sale or FinancingSale, or (ii) conversion to cash or Cash Equivalents of non-cash proceeds (whether principal or interest and including securities, release of escrow arrangements or lease payments) received from any Asset Sale, the Borrower shall make a mandatory prepayment of the Obligations in an amount equal to one hundred percent (100%) of such Net Cash Proceeds or such proceeds converted from non-cash to cash or Cash Equivalents. Net Cash Proceeds of Asset Sales of capital assets with respect to which the Borrower shall have given the Agent written notice of its intention to replace such capital the assets within nine months six months, in the case of a sale of Equipment, or twelve months, in the case of a sale of real property, following such Asset Sale shall not be subject to the provisions of the first sentence of this Section 2.5(B)(i)(a) unless and to the extent that such applicable period shall have expired without such replacement having been made.

Mandatory Prepayments of Term Loans. (a) Upon the consummation of any Asset Sale or any Financing by the Borrower or any Subsidiary of the Borrower, other than those Asset Sales permitted pursuant to Section 7.3(B)(i) 7.3(B), except to the extent that the Net Cash Proceeds of such Asset Sale, when combined with the Net Cash Proceeds of all such Asset Sales during the immediately preceding twelve-month period, four fiscal quarters of the Borrower do not exceed $1,000,000500,000, and except as provided in the second sentence of this Section 2.5(B)(i)(a), within three (3) Business Days after the Borrower's or any of its Subsidiaries' (i) receipt of any Net Cash Proceeds from any such Asset Sale or FinancingSale, or (ii) conversion to cash or Cash Equivalents of non-cash proceeds (whether principal or interest and including securities, release of escrow arrangements or lease payments) received from any Asset Sale, the Borrower shall make a mandatory prepayment of the Obligations (to be applied in accordance with the priority set forth in clause (d) of this Section 2.5(B)(i)) in an amount equal to one hundred percent (100%) of such Net Cash Proceeds or such proceeds converted from non-cash to cash or Cash EquivalentsEquivalents received by the Borrower or such Subsidiary. Net Cash Proceeds of Asset Sales of capital assets with respect to which the Borrower shall have given the Agent written notice of its intention to replace such capital the assets within nine months six months, in the case of a sale of equipment or other assets (other than real property), or twelve months, in the case of a sale of real property, following such Asset Sale shall not be subject to the provisions of the first sentence of this Section 2.5(B)(i)(a) unless and to the extent that such applicable period shall have expired without such replacement having been made.

Mandatory Prepayments of Term Loans. (a) Upon the consummation of any Asset Sale or any Financing by the Borrower Company or any Subsidiary of the BorrowerCompany, other than those Asset Sales permitted pursuant to Section 7.3(B)(i6.9(i), (iii), (iv), (v), (vi) and (ix), except to the extent ----------------------------------------------- that the Net Cash Proceeds of such Asset Sale, when combined with the Net Cash Proceeds of all such Asset Sales during the immediately preceding twelve-month period, do not exceed $1,000,0001,000,000 or the Approximate Equivalent Amount of any Agreed Currency other than Dollars, and except as provided in the second sentence of this Section 2.5(B)(i)(a2.5.3(B)(i)(a), within three (3) ---------------------- Business Days after the BorrowerCompany's or any of its Subsidiaries' (i) receipt of any Net Cash Proceeds from any such Asset Sale or FinancingSale, or (ii) conversion to cash or Cash Equivalents of non-cash proceeds (whether principal or interest and including securities, release of escrow arrangements or lease payments) received from any Asset Sale, the Borrower Company shall, or shall cause the other Borrowers to, make a mandatory prepayment of the Obligations in an amount equal to one hundred percent (100%) of such Net Cash Proceeds or such proceeds converted from non-cash to cash or Cash Equivalents. Net Cash Proceeds of Asset Sales of capital assets with respect to which the Borrower Company shall have given the Agent written notice of its intention to replace such capital the assets within nine months twelve (12) months, following such Asset Sale shall not be subject to the provisions of the first sentence of this Section 2.5(B)(i)(a2.5.3(B)(i)(a) unless and ---------------------- to the extent that such applicable period shall have expired without such replacement having been made.

Mandatory Prepayments of Term Loans. (a) Upon the consummation of any Asset Sale or any Financing (other than sales of North American Interconnect product lines for an aggregate amount not to exceed $15,000,000) by the Borrower or any Subsidiary of the Borrower, other than those Asset Sales permitted pursuant to Section 7.3(B)(i) except to the extent that the Net Cash Proceeds of such Asset Sale, when combined with the Net Cash Proceeds of all such Asset Sales during the immediately preceding twelve-month period, do not exceed $1,000,00010,000,000, and except as provided in the second sentence and third sentences of this Section 2.5(B)(i)(aSECTION 2.5(B)(I)(A), within three (3) Business Days after the Borrower's or any of its Subsidiaries' (i) receipt of any Net Cash Proceeds from any such Asset Sale or FinancingSale, or (ii) conversion to cash or Cash Equivalents of non-cash proceeds (whether principal or interest and including securities, release of escrow arrangements or lease payments) received from any Asset Sale, the Borrower shall make a mandatory prepayment of the Obligations in an amount equal to one hundred percent (100%) of such Net Cash Proceeds or such proceeds converted from non-cash to cash or Cash Equivalents. Net Cash Proceeds of Asset Sales of capital assets with respect to which the Borrower shall have given the Agent written notice of its intention to replace such capital the assets within six months, in the case of a sale of Equipment, or nine months months, in the case of a sale of real property, following such Asset Sale shall not be subject to the provisions of the first sentence of this Section 2.5(B)(i)(aSECTION 2.5(B)(I)(A) unless and to the extent that such applicable period shall have expired without such replacement having been made.

Mandatory Prepayments of Term Loans. (a) Upon the consummation of any Asset Sale or any Financing by the Borrower Company or any Subsidiary of the BorrowerCompany, other than those Asset Sales permitted pursuant to Section 7.3(B)(i6.9(i), (iii), (iv), (v), (vi) and (ix), --------------------- ---- --- ---- ---- except to the extent that the Net Cash Proceeds of such Asset Sale, when combined with the Net Cash Proceeds of all such Asset Sales during the immediately preceding twelve-month period, do not exceed $1,000,0001,000,000 or the Approximate Equivalent Amount of any Agreed Currency other than Dollars, and except as provided in the second sentence of this Section 2.5(B)(i)(a2.5.3(B)(i)(a), within three (3) Business Days after the Borrower---------------------- Company's or any of its Subsidiaries' (i) receipt of any Net Cash Proceeds from any such Asset Sale or FinancingSale, or (ii) conversion to cash or Cash Equivalents of non-cash proceeds (whether principal or interest and including securities, release of escrow arrangements or lease payments) received from any Asset Sale, the Borrower Company shall, or shall cause the other Borrowers to, make a mandatory prepayment of the Obligations in an amount equal to one hundred percent (100%) of such Net Cash Proceeds or such proceeds converted from non-cash to cash or Cash Equivalents. Net Cash Proceeds of Asset Sales of capital assets with respect to which the Borrower Company shall have given the Agent written notice of its intention to replace such capital the assets within nine months twelve (12) months, following such Asset Sale shall not be subject to the provisions of the first sentence of this Section 2.5(B)(i)(a2.5.3(B)(i)(a) unless and to the extent that ---------------------- such applicable period shall have expired without such replacement having been made.

Mandatory Prepayments of Term Loans. (a) Upon the consummation of any Asset Sale or any Financing by the Borrower or any Subsidiary of the Borrower, other than those Asset Sales permitted pursuant to Section 7.3(B)(i) except to the extent that the Net Cash Proceeds of such Asset Sale, when combined with the Net Cash Proceeds of all such Asset Sales during the immediately preceding twelve-month period, do not exceed $1,000,000, and except as provided in the second sentence of this Section 2.5(B)(i)(a), within three (3) Business Days after the Borrower's or any of its Subsidiaries' (i) receipt of any Net Cash Proceeds from any such Asset Sale or Financing, or (ii) conversion to cash or Cash Equivalents of non-cash proceeds (whether principal or interest and including securities, release of escrow arrangements or lease payments) received from any Asset Sale, the Borrower shall make a mandatory prepayment of the Obligations in an amount equal to (a) if the Asset Sale or Financing involves the issuance of Equity Interests by Borrower, eighty percent (80%) of the Net Cash Proceeds from such Equity Interests and (b) in all other cases, one hundred percent (100%) of such Net Cash Proceeds or such proceeds converted from non-cash to cash or Cash Equivalents. Net Cash Proceeds of Asset Sales of capital assets with respect to which the Borrower shall have given the Agent written notice of its intention to replace such capital assets within ninety (90) days (or up to nine (9) months if such Net Cash Proceeds are deposited in a "Restricted Account" (as defined in the Security Agreement) following such Asset Sale shall not be subject to the provisions of the first sentence of this Section 2.5(B)(i)(a) unless and to the extent that such applicable period shall have expired without such replacement having been made.