Common use of Mandatory Repayments and Prepayments Clause in Contracts

Mandatory Repayments and Prepayments. (a) The Working Capital Commitment of each Lender shall terminate at the opening of business on the earlier of (i) March 9, 2006 and (ii) the date on which the Tranche A Notes shall have been paid in full (the "Termination Date"), and there shall become due and the Company shall pay on the Termination Date, the entire outstanding principal amount of each Working Capital Loan, together with accrued and unpaid interest thereon to but excluding the Termination Date. (b) If at any time the aggregate Working Capital Outstandings exceed the lesser of the Borrowing Base and the aggregate Working Capital Commitments of the Lenders, then, on the next succeeding Business Day, the Company shall apply an amount equal to such excess to repay the Working Capital Loans or, in the event any Letter of Credit Liabilities then exist, to cash collateralize such Letter of Credit Liabilities, or both, as and to the extent required by Section 4.7(b), and to the extent the Company fails to make any such payment, the Company shall provide for the replacement or cancellation of any outstanding Letters of Credit until the aggregate Working Capital Outstandings do not exceed the lesser of the Borrowing Base and the aggregate Working Capital Commitments of the Lenders. (c) No later than one Business Day following the date on which the Company or any of its Subsidiaries receives any payment which constitutes Major Casualty Proceeds, an amount equal to 40% of the amount of such payment to repay the Working Capital Loans or cash collateralize Letter of Credit Liabilities, or both, as and to the extent required by Section 4.7(b), unless the Required Lenders shall otherwise direct (in which case the amount of such payment shall be deposited into the Insurance Account to be held and applied in accordance with Section 5 of the Security Agreement or the Subsidiary Security Agreement, as applicable).

Mandatory Repayments and Prepayments. (a) The Working Capital Revolving Credit Commitment of each Lender shall terminate at the opening of business on the earlier of (i) March 9January 2, 2006 and (ii) the date on which the Tranche A Notes shall have been paid in full 2004 (the "Termination DateCOMMITMENT TERMINATION DATE"), and there shall become due and the Company shall pay on the Commitment Termination Date, the entire outstanding principal amount of each Working Capital Revolving Credit Loan, together with accrued and unpaid interest thereon to but excluding the Termination Date. (b) If at any time (i) the aggregate unpaid principal balance of the Working Capital Outstandings exceed Loans exceeds the lesser Working Capital Availability, or (ii) the aggregate unpaid principal balance of the Borrowing Base and Acquisition Loans exceeds the aggregate Working Capital Commitments of the LendersAcquisition Availability, then, on the next succeeding Business Day, the Company shall apply prepay Working Capital Loans and/or Acquisition Loans in an aggregate principal amount equal to such excess to repay the Working Capital Loans or, in the event any Letter of Credit Liabilities then exist, to cash collateralize such Letter of Credit Liabilities, or both, as and to the extent required by Section 4.7(b), and to the extent the Company fails to make any such payment, the Company shall provide for the replacement or cancellation of any outstanding Letters of Credit until the aggregate Working Capital Outstandings do not exceed the lesser of the Borrowing Base and the aggregate Working Capital Commitments of the Lendersexcess. (c) No later than one Business Day following Commencing on April 1, 1999 (the date "AMORTIZATION COMMENCEMENT DATE") and continuing on which each Quarterly Date thereafter, the Company or any shall repay the Revolving Credit Loans in equal quarterly installments of its Subsidiaries receives any payment which constitutes Major Casualty Proceeds, an amount principal equal to 405% of the aggregate principal amount of such payment to repay the Working Capital Loans or cash collateralize Letter Revolving Credit Loan outstanding on the Amortization Commencement Date. (d) There shall become due and payable, and the Company shall prepay, on the 90th day following the last day of Credit Liabilitieseach Fiscal Year, or bothbeginning with the Fiscal Year ending December 31, as and to the extent required by Section 4.7(b)1999, unless the Required Lenders shall otherwise direct (in which case the an aggregate principal amount of such payment shall be deposited into the Insurance Account Revolving Credit Loans equal to be held and applied in accordance with Section 5 fifty percent (50%) of the Security Agreement or the Subsidiary Security Agreement, as applicable)Excess Cash Flow for such Fiscal Year.

Mandatory Repayments and Prepayments. (a) The Working Capital Revolving Credit Commitment of each Lender shall terminate at the opening of business on the earlier of (i) March 9January 2, 2006 and (ii) the date on which the Tranche A Notes shall have been paid in full 2004 (the "Commitment Termination Date"), and there shall become due and the Company shall pay on the Commitment Termination Date, the entire outstanding principal amount of each Working Capital Revolving Credit Loan, together with accrued and unpaid interest thereon to but excluding the Termination Date. (b) If at any time (i) the aggregate unpaid principal balance of the Working Capital Outstandings exceed Loans exceeds the lesser Working Capital Availability, or (ii) the aggregate unpaid principal balance of the Borrowing Base and Acquisition Loans exceeds the aggregate Working Capital Commitments of the LendersAcquisition Availability, then, on the next succeeding Business Day, the Company shall apply prepay Working Capital Loans and/or Acquisition Loans in an aggregate principal amount equal to such excess to repay the Working Capital Loans or, in the event any Letter of Credit Liabilities then exist, to cash collateralize such Letter of Credit Liabilities, or both, as and to the extent required by Section 4.7(b), and to the extent the Company fails to make any such payment, the Company shall provide for the replacement or cancellation of any outstanding Letters of Credit until the aggregate Working Capital Outstandings do not exceed the lesser of the Borrowing Base and the aggregate Working Capital Commitments of the Lendersexcess. (c) No later than one Business Day following Commencing on April 1, 1999 (the date "Amortization Commencement Date") and continuing on which each Quarterly Date thereafter, the Company or any shall repay the Revolving Credit Loans in equal quarterly installments of its Subsidiaries receives any payment which constitutes Major Casualty Proceeds, an amount principal equal to 405% of the aggregate principal amount of such payment to repay the Working Capital Loans or cash collateralize Letter Revolving Credit Loan outstanding on the Amortization Commencement Date. (d) There shall become due and payable, and the Company shall prepay, on the 90th day following the last day of Credit Liabilitieseach Fiscal Year, or bothbeginning with the Fiscal Year ending December 31, as and to the extent required by Section 4.7(b)1999, unless the Required Lenders shall otherwise direct (in which case the an aggregate principal amount of such payment shall be deposited into the Insurance Account Revolving Credit Loans equal to be held and applied in accordance with Section 5 fifty percent (50%) of the Security Agreement or the Subsidiary Security Agreement, as applicable)Excess Cash Flow for such Fiscal Year.

Mandatory Repayments and Prepayments. (a) The Working Capital Revolving Credit Commitment of each Lender shall terminate at the opening of business on the earlier of (i) March 9December 31, 2006 and (ii) the date on which the Tranche A Notes shall have been paid in full 2002 (the "Termination DateCOMMITMENT TERMINATION DATE"), and there shall become due and the Company shall pay on the Commitment Termination Date, the entire outstanding principal amount of each Working Capital Revolving Credit Loan, together with accrued and unpaid interest thereon to but excluding the Commitment Termination Date. (b) If at any time (i) the aggregate unpaid principal balance of the Working Capital Outstandings exceed Loans exceeds the lesser Working Capital Availability, or (ii) the aggregate unpaid principal balance of the Borrowing Base and Acquisition Loans exceeds the aggregate Working Capital Commitments of the LendersAcquisition Availability, then, on the next succeeding Business Day, the Company shall apply prepay Working Capital Loans and/or Acquisition Loans in an aggregate principal amount equal to such excess to repay the Working Capital Loans or, in the event any Letter of Credit Liabilities then exist, to cash collateralize such Letter of Credit Liabilities, or both, as and to the extent required by Section 4.7(b), and to the extent the Company fails to make any such payment, the Company shall provide for the replacement or cancellation of any outstanding Letters of Credit until the aggregate Working Capital Outstandings do not exceed the lesser of the Borrowing Base and the aggregate Working Capital Commitments of the Lendersexcess. (c) No later than one Business Day Commencing on April 1, 1999 (the "AMORTIZATION COMMENCEMENT DATE") and continuing on each Quarterly Date thereafter, the Company shall repay in equal quarterly installments in each year the percentage of the aggregate principal amount of the Revolving Credit Loans outstanding on the Amortization Commencement Date set forth opposite such year below: Calendar Year Percentage ------------- ---------- 1999 20% 2000 20% 2001 30% 2002 30% (d) There shall become due and payable, and the Company shall prepay, on the earlier to occur of (i) the 5th day following its receipt of the annual audit of the financial statements of the Company and (ii) the 90th day following the date on which the Company or any last day of its Subsidiaries receives any payment which constitutes Major Casualty Proceedseach Fiscal Year, an aggregate principal amount of Revolving Credit Loans equal to 40% fifty percent (50%) of the amount of Excess Cash Flow for such Fiscal Year, with the first such payment to repay the Working Capital Loans or cash collateralize Letter of Credit Liabilities, or both, as and to the extent required by Section 4.7(b), unless the Required Lenders shall otherwise direct (be made in which case the amount of such payment shall be deposited into the Insurance Account to be held and applied in accordance with Section 5 respect of the Security Agreement or the Subsidiary Security AgreementFiscal Year ending December 31, as applicable)1999.