Payment Limitation. Notwithstanding any other provision of this Note, the Corporation shall only be required to pay interest, principal or any other Amounts Payable in respect of this Note if and to the extent the Corporation's Free Cash Flow for the Corporation's fiscal year immediately preceding the required payment date is sufficient and available to make such payment. If the Corporation's Free Cash Flow for such fiscal year is not sufficient to make such payments, then such payments shall be made only to the extent of available Free Cash Flow and the balance of such payment obligation under this Note will be deferred until the Corporation's Free Cash Flow would permit payment under this Article 3, and such deferral of payment will not be an Event of Default under this Note, provided that the Maturity Date will not be deferred under this Article 3 for more than two years, at which time, all principal of, interest on and other Amounts Payable in respect of this Note will be due and payable.
Appears in 1 contract
Samples: Jordan Industries Inc
Payment Limitation. Notwithstanding any other provision of this Note, but subject to the provisions set forth in the last sentence of this Section 3.1, the Corporation shall only be required to pay interest, principal or any other Amounts Payable in respect of this Note if and to the extent the Corporation's Free Cash Flow for the Corporation's fiscal year immediately preceding the required payment date is sufficient and available to make such payment. If the Corporation's Free Cash Flow for such fiscal year is not sufficient to make such payments, then such payments shall will not be made only nor be required to the extent of available Free Cash Flow be made under this Note, and the balance of such Corporation's payment obligation under this Note will be deferred until the Corporation's Free Cash Flow would permit payment under this Article 3III, and such deferral of payment will not be an Event of Default under this Note, provided that the Maturity Date will not be deferred under this Article 3 III for more than two years, at which time, all principal of, interest on and other Amounts Payable in respect of this Note will be due and payable.
Appears in 1 contract
Samples: Jordan Industries Inc
Payment Limitation. Notwithstanding any other provision of this ------------------ Note, the Corporation shall only be required to pay interest, principal or any other Amounts Payable in respect of this Note if and to the extent the Corporation's Free Cash Flow for the Corporation's fiscal year immediately preceding the required payment date is sufficient and available to make such payment. If the Corporation's Free Cash Flow for such fiscal year is not sufficient to make such payments, then such payments shall will not be made only nor be required to the extent of available Free Cash Flow be made under this Note, and the balance of such Corporation's payment obligation under this Note will be deferred until the Corporation's Free Cash Flow would permit payment under this Article Section 3, and such deferral of payment will not be an Event of Default under this Note, provided that the Maturity Date will not be deferred under this Article Section 3 for more than two years, at which time, all principal of, interest on and other Amounts Payable in respect of this Note will be due and payable.. 3.2
Appears in 1 contract
Samples: Motors & Gears Inc
Payment Limitation. Notwithstanding any other provision of this Note, the Corporation shall only be required to pay interest, principal or any other Amounts Payable in respect of this Note if and to the extent the Corporation's Free Cash Flow for the Corporation's fiscal year immediately preceding the required payment date is sufficient and available to make such payment. If the Corporation's Free Cash Flow for such fiscal year is not sufficient to make such payments, then such payments shall will not be made only nor be required to the extent of available Free Cash Flow be made under this Note, and the balance of such Corporation's payment obligation under this Note will be deferred until the Corporation's Free Cash Flow would permit payment under this Article Section 3, and such deferral of payment will not be an Event of Default under this Note, provided that the Maturity Date will not be deferred under this Article Section 3 for more than two years, at which time, all principal of, interest on and other Amounts Payable in respect of this Note will be due and payable.
Appears in 1 contract
Samples: Jordan Industries Inc
Payment Limitation. Notwithstanding any other provision of this Note, the Corporation shall only be required to pay interest, principal or any other Amounts Payable in respect of this Note if and to the extent the Corporation's Combined Free Cash Flow for the Corporation's fiscal year immediately preceding the required payment date is sufficient and available to make such payment. If the Corporation's Combined Free Cash Flow for such fiscal year is not sufficient to make such payments, then such payments shall will not be made only nor be required to the extent of available Free Cash Flow be made under this Note, and the balance of such Corporation's payment obligation under this Note will be deferred until the Corporation's Combined Free Cash Flow would permit payment under this Article 3, and such deferral of payment will not be an Event of Default under this Note, provided that the Maturity Date will not be deferred under this Article 3 for more than two years, at which time, all principal of, interest on and other Amounts Payable in respect of this Note will be due and payable, subject to the terms of Article 5.
Appears in 1 contract
Samples: Jordan Industries Inc
Payment Limitation. Notwithstanding any other provision of ------------------ this Note, the Corporation shall only be required to pay interest, principal or any other Amounts Payable in respect of this Note if and to the extent the Corporation's Free Cash Flow for the Corporation's fiscal year immediately preceding the required payment date is sufficient and available to make such payment. If the Corporation's Free Cash Flow for such fiscal year is not sufficient to make such payments, then such payments shall will not be made only nor be required to the extent of available Free Cash Flow be made under this Note, and the balance of such Corporation's payment obligation under this Note will be deferred until the Corporation's Free Cash Flow would permit payment under this Article Section 3, and such deferral of payment will not be an Event of Default under this Note, provided that the Maturity Date will not be deferred under this Article Section 3 for more than two years, at which time, all principal of, interest on and other Amounts Payable in respect of this Note will be due and payable.
Appears in 1 contract
Samples: Motors & Gears Inc
Payment Limitation. Notwithstanding any other provision ------------------ of this Note, the Corporation shall only be required to pay interest, principal or any other Amounts Payable in respect of this Note if and to the extent the Corporation's Free Cash Flow for the Corporation's fiscal year immediately preceding the required payment date is sufficient and available to make such payment. If the Corporation's Free Cash Flow for such fiscal year is not sufficient to make such payments, then such payments shall will not be made only nor be required to the extent of available Free Cash Flow be made under this Note, and the balance of such Corporation's payment obligation under this Note will be deferred until the Corporation's Free Cash Flow would permit payment under this Article Section 3, and such deferral of payment will not be an Event of Default under this Note, provided that the Maturity Date will not be deferred under this Article Section 3 for more than two years, at which time, all principal of, interest on and other Amounts Payable in respect of this Note will be due and payable.. 3.2
Appears in 1 contract
Samples: Motors & Gears Inc
Payment Limitation. Notwithstanding any other provision of this Note, the Corporation shall only be required to pay interest, principal or any other Amounts Payable in respect of this Note if and to the extent the Corporation's Free Cash Flow for the Corporation's fiscal year immediately preceding the required payment date is sufficient and available to make such payment. If the Corporation's Free Cash Flow for such fiscal year is not sufficient to make such payments, then such payments shall will not be made only nor be required to the extent of available Free Cash Flow be made under this Note, and the balance of such Corporation's payment obligation under this Note will be deferred until the Corporation's Free Cash Flow would permit payment under this Article Section 3, and such deferral of payment will not be an Event of Default under this Note, provided that the Maturity Date will not be deferred under this Article Section 3 for more than two yearsone year, at which time, all principal of, interest on and other Amounts Payable in respect of this Note will be due and payable.
Appears in 1 contract
Samples: Jordan Industries Inc