Net Equity Proceeds Clause Samples

Net Equity Proceeds. Upon receipt of Net Equity Proceeds by the Company or any of its Subsidiaries, the Company shall within one Banking Day pay to the Agent as a prepayment of the Loan to be applied as provided in Section 4.5.2 the lesser of (a) the amount of such Net Equity Proceeds or (b) the amount of the Loan.

Net Equity Proceeds. The proceeds of a sale of an equity interest in the Borrower or the Guarantor (including those attributable to a dividend reinvestment program), net of usual and customary closing costs and expenses.

Net Equity Proceeds. Upon receipt of Net Equity Proceeds by the Company or any of its Subsidiaries, the Company shall within five Business Days pay to the Agent as a prepayment of the Loan and the Discretionary Credit Obligations to be applied as provided in Section 4.4.2 the lesser of (a) the amount of such Net Equity Proceeds or (b) the sum of (i) the amount of the Loan plus (ii) the amount of the Discretionary Credit Obligations then outstanding.

Net Equity Proceeds. Notwithstanding anything to the contrary in the Existing Agreement or any other agreement to which the Company and Purchaser are a party, Purchaser hereby waives any right to require that any Net Equity Proceeds be applied to pay any amounts due under any of the Demand Notes before any amounts due thereunder become due and payable (for the avoidance of doubt, after giving effect to Section 7).

Net Equity Proceeds. In the event either Borrower receives any Net Equity Proceeds, such Borrower shall (subject to the proviso hereto) within three Business Days of such receipt, deliver to the Administrative Agent a calculation of the amount of such Net Equity Proceeds, and such Borrower shall make a mandatory prepayment of the Term Loans (or if the Term Loans have been repaid in full, prepay the Revolving Loans (and, in respect of all outstanding Revolving Letters of Credit, make deposits in the Deemed Revolving LC Disbursements Collateral Account (if such an account has been established) in an amount equal to the aggregate Stated Amount under such Revolving Letters of Credit if at such time the conditions to issuance in Section 5.3 are not satisfied) or, if the Revolving Loans have been repaid in full and there are no outstanding Revolving Letters of Credit (as to which amounts have not been deposited in the Deemed Revolving LC Disbursements Collateral Account as provided above), prepay the Synthetic Revolving Loans (and, in respect of all outstanding Synthetic Letters of Credit, make deposits in the Deemed Synthetic LC Disbursements Collateral Account (if such an account has been established) in an amount equal to the aggregate Stated Amount under such Synthetic Letters of Credit if at such time the conditions to issuance in Section 5.3 are not satisfied)) in an amount equal to a ratable portion of 50% of the amount of such Net Equity Proceeds based on all outstanding permitted senior secured Indebtedness of such Borrower that contains a prepayment provision similar to this Section 3.1.1(d); provided that upon written notice by the Cayman Borrower to the Administrative Agent not more than three Business Days following receipt of any Net Equity Proceeds, such proceeds may be retained by the Cayman Borrower (and be excluded from the prepayment requirements of this clause) if: (i) the Cayman Borrower informs the Administrative Agent in such notice of its good faith intention to apply (or cause one or more of its Subsidiaries to apply) such Net Equity Proceeds to (u) the payment of ordinary course of business expenses of the Cayman Borrower and its Subsidiaries, (w) the payment of Capital Expenditures, (x) the repayment of the Cayman Borrower’s Subordinated Debt outstanding under the Note Purchase Agreement in an aggregate principal amount not to exceed the principal amount of Subordinated Debt outstanding under the Note Purchase Agreement on the Closing Date (plus any accrue...

Net Equity Proceeds. Within five days prior to the ------------------- consummation of any transaction on or after the Incremental Conversion Date that would result in Net Equity Proceeds, the Company shall provide written notice to the Lenders of the anticipated closing date for such transaction and the amount of the Net Equity Proceeds. Within one Banking Day after the receipt of Net Equity Proceeds by any Obligor on or after the Incremental Conversion Date, the Company shall pay to the Agent as a prepayment of the Loan to be applied as provided in Section 4.6.2 the lesser of (a) the amount of such Net Equity Proceeds or (b) the amount of the Loan.

Net Equity Proceeds. Concurrently with the receipt by the Borrower of any Net Equity Proceeds (other than Net Equity Proceeds received from the issuance or sale of capital stock in connection with Stock Based Plans in effect from time to time), the Borrower shall deliver to the Administrative Agent a calculation of the amount of such Net Equity Proceeds and make a mandatory prepayment of the Bridge Loans or Prepayable Term Loans in an amount equal to 100% of such Net Equity Proceeds; provided that, in the case of Loans the interest rate of which is determined by reference to Adjusted LIBO, Borrower may defer payment to the last day of the Interest Period in which Borrower receives such Net Equity Proceeds.

Net Equity Proceeds. Within three Banking Days after the receipt by the Parent, ATC Holdings, the Company or any of the Company's Subsidiaries of Net Equity Proceeds, the Company shall pay to the Managing Agent as a prepayment of the Loan to be applied as provided in Section 4.6.2 the lesser of (a) an amount equal to 70% of such Net Equity Proceeds or (b) the amount of the Loan.

Net Equity Proceeds. If the Borrower issues or sells any shares of its capital stock or other equity interests or securities convertible into or exercisable for any shares of its capital stock or other equity interests, it shall, within five days of such sale or issuance, make a mandatory prepayment of the Loans in an amount (not to exceed 100% of the net cash proceeds of such issuance or sale) equal to that amount which, had it been paid on the last day of the most recently ended quarter, would have caused the Leverage Ratio to equal 4.5 to 1.0; PROVIDED, HOWEVER, that if, as of the date of such equity issuance, the Borrower is a party to a legally binding acquisition agreement for a Permitted Acquisition permitted pursuant to Section 8.10(b), the Borrower may use the proceeds of such issuance or sale to pay the purchase price of such Permitted Acquisition; PROVIDED, FURTHER, that no such mandatory prepayment shall be required in respect of (A) the first $1,000,000 in proceeds in each fiscal year arising from the issuance of shares or other equity interests to employees of the Borrower or its Subsidiaries pursuant to any employee stock option plan or (B) the proceeds of shares of capital stock issued in order to satisfy an overallotment of shares issued pursuant to the Registration Statement for the issuance of Class B Common Stock referred to in Section 5.27.