Minimum Free Cash Flow. If the Rent Adjusted Leverage Ratio as of the last day of any fiscal year of the Borrower (beginning with its fiscal year ending December 31, 2007) is greater than or equal to 5.25:1.00, permit Minimum Free Cash Flow for any Test Period ending on such date to be less than (i) in the case of the Borrower’s fiscal year ended December 31, 2007, $50,000,000, and (ii) in the case of each fiscal year of the Borrower thereafter, $75,000,000.
Minimum Free Cash Flow. Achieve, measured as of the last day of each quarter commencing with the quarter ending December 31, 2015, and as of the last day of each quarter thereafter, calculated on a trailing twelve (12) month basis, Free Cash Flow in an amount of at least $0.00.” 10 The Loan Agreement shall be amended by deleting Section 6.14 Cash at Bank in its entirety. 11 The Loan Agreement shall be amended by deleting “Term Loan Maturity Date” appearing in Section 8.1 and inserting “Revolving Line Maturity Date and/or 2015 Term Loan Maturity Date” in lieu thereof. 12 The Loan Agreement shall be amended by deleting the following definitions appearing in Section 13.1 thereof:
Minimum Free Cash Flow. For any fiscal quarter, permit Free Cash Flow, as calculated at the last day of such fiscal quarter for the period of twelve consecutive months then ending, to be less than the amount set forth below opposite such period: December 31, 2023 and each fiscal quarter ending thereafter -$50,000,000
Minimum Free Cash Flow. Borrowers shall achieve at least the levels of cumulative Free Cash Flow as set by the Seventy-Five Percent Lenders.
Minimum Free Cash Flow. Permit Free Cash Flow to be less than (i) ($[*]) for the fiscal quarter ending on Xxxxx 00, 0000, (xx) ($[*]) for the trailing two fiscal quarters ending on June 30, 2013, (iii) $[*] for the trailing three fiscal quarters ending on September 30, 2013, and (iv) $[*] for the trailing four fiscal quarters ending on December 31, 2013 and for the trailing four fiscal quarters ending on the last day of each fiscal quarter thereafter.”
9. Amendments to Section 7.2
Minimum Free Cash Flow. Borrower shall not permit EBITDA minus unfinanced Capital Expenditures (“Minimum Free Cash Flow”) to be less than the amounts set forth below during the period indicated below: Fiscal Period Minimum Free Cash Flow For the trailing 2 fiscal quarter period of Borrower ending on or about March 31, 2006 $ 1,000,000 For the trailing 3 fiscal quarter period of Borrower ending on or about June 30, 2006 and, if applicable, each fiscal quarter thereafter on a trailing 4 fiscal quarter period of Borrower basis $ 1,000,000 ; provided, that this covenant shall not be applicable and Minimum Free Cash Flow shall not be tested after the date of the fiscal quarter ending on or about June 30, 2006 if no Event of Default has occurred and is continuing on such date.
(g) Section 14(e) of the Amended and Restated Loan Agreement is hereby amended and restated in its entirety, as follows:
Minimum Free Cash Flow. Achieve, measured as of the last day of each quarter ending after the Financial Covenant Trigger Date, calculated on a trailing twelve (12) month basis, Free Cash Flow in an amount of at least $0.00.
Minimum Free Cash Flow. Borrower shall not permit its Free Cash Flow, tested monthly as of the end of each month, to be less than (i) ($1,000,000) at the end of each month from the Effective Date to and including September 30, 2009, and (ii) $0.00 at the end of each month commencing on October 30, 2009 and thereafter.
Minimum Free Cash Flow. Free Cash Flow, measured on a month-end basis, of at least the required amount set forth in the following table for the applicable period set forth opposite thereto: $9,000,000.00 For the 12 month period ending June 30, 2005 $12,000,000.00 For the 12 month period ending September 30, 2005 $13,000,000.00 For the 12 month period ending December 31, 2005 $17,000,000.00 For the 12 month period ending March 31, 2006 $19,000,000.00 For the 12 month period ending June 30, 2006 $20,000,000.00 For the 12 month period ending September 30, 2006 $20,000,000.00 For the 12 month period ending December 31, 2006 $20,000,000.00 For the 12 month period ending March 31, 2007 $20,000,000.00 For the 12 month period ending June 30, 2007 $24,000,000.00 For the 12 month period ending September 30, 2007 $25,000,000.00 For the 12 month period ending December 31, 2007, and for each 12 month period ending on the last day of any fiscal quarter thereafter
Minimum Free Cash Flow. Borrower shall not permit EBITDA minus unfinanced Capital Expenditures (“Minimum Free Cash Flow”) to be less than the amounts set forth below during the period comprising such fiscal quarter: Fiscal Quarter Minimum Free Cash Flow Ending on or about December 31, 2005 $ 600,000 Ending on or about March 31, 2006 $ 600,000 Ending on or about June 30, 2006 and, if applicable, each fiscal quarter thereafter $ 1,000,000 ; provided, that this covenant shall not be applicable and Minimum Free Cash Flow shall not be tested after the date of the fiscal quarter ending on or about June 30, 2006 if no Event of Default has occurred and is continuing on such date.
