Payments of Certain Indebtedness. Neither the Borrowers nor any Restricted Subsidiary will, nor will they permit any Restricted Subsidiary to, voluntarily prepay, redeem, purchase, defease or otherwise satisfy any Prepayment Restricted Indebtedness except:
(a) regularly scheduled or required repayments or redemptions of such Indebtedness;
(b) to the extent exchanged for Equity Interests in the Company or using the proceeds of the issuance of Equity Interests in the Company;
(c) additional Prepayment Restricted Indebtedness in an aggregate principal amount not to exceed the greater of (i) $200,000,000 and (ii) 10.0% of Borrower Group EBITDA for the most recently ended Test Period (calculated on a Pro Forma Basis) at the time of such prepayment, redemption, purchase, defeasement or other satisfaction;
(d) additional Prepayment Restricted Indebtedness so long as (i) no Default or Event of Default shall have occurred and be continuing or would result therefrom at the time of, at the Company’s discretion, delivery of irrevocable notice with respect thereto or incurrence thereof and (ii) the Rent-Adjusted Total Net Leverage Ratio shall not exceed 5.00 to 1.00 calculated on a Pro Forma Basis as of the end of the most recently ended Test Period;
(e) Prepayment Restricted Indebtedness in an aggregate principal amount not to exceed the portion, if any, of the Available Amount on the date of such prepayment, redemption, purchase, defeasance or satisfaction that the Company elects to apply to this Section 8.05(e), such election to be specified in a written notice (which may be the Compliance Certificate) of a Responsible Officer calculating in reasonable detail the amount of Available Amount immediately prior to such election and the amount thereof elected to be so applied; provided that no Event of Default shall have occurred and be continuing or would result therefrom at the time of, at the Company’s discretion, delivery of irrevocable notice with respect thereto or incurrence thereof;
(f) pursuant to refinancings of such Indebtedness permitted under Section 8.04, including pursuant to Permitted Refinancings;
(g) so long as no Event of Default has occurred and is continuing or would result therefrom at the time of, at the Company’s discretion, delivery of irrevocable notice with respect thereto or incurrence thereof, prepayments, redemptions, purchases, defeasances or satisfactions of any Prepayment Restricted Indebtedness within 364 days prior to the final maturity date of such Prepayment Restricte...
Payments of Certain Indebtedness. The Company will not, nor will it permit any Subsidiary or any Affiliate to, prepay or incur net reductions in any Global Credit Facility during the Waiver Period. Schedule B of the Existing Credit Agreement is hereby amended by inserting the following additional definitions:
Payments of Certain Indebtedness. The Company will not, and will not permit any Subsidiary to, make or agree to pay or make, directly or indirectly, any payment or other distribution (whether in cash securities or other property) of or in respect of principal of or interest on any Indebtedness, or any payment or other distribution (whether in cash, securities or other property), including any sinking fund or similar deposit, on account of the purchase, redemption, retirement, acquisition, cancellation or termination of any Indebtedness, except:
(a) payment of Indebtedness created under the Loan Documents;
(b) payment of regularly scheduled principal and interest payments as and when due in respect of any Indebtedness permitted by Section 7.03; provided, that the applicable terms thereof shall not be amended to increase such payments without the consent of the Required Lenders;
(c) so long as no Event of Default has occurred and is continuing or will exist immediately thereafter, prepayments of Senior Indebtedness of the Company if the aggregate L/C Obligations do not exceed $40,000,000 and there are no outstanding Loans;
(d) so long as no Event of Default has occurred and is continuing or will exist immediately thereafter, (i) payments or prepayments of any Permitted Securitization Facility (x) made with the proceeds of collections on accounts receivable subject thereto or (y) if the Total Outstandings (other than the undrawn amount of outstanding Letters of Credit) do not exceed $50,000,000, or (ii) payments or prepayments of any Permitted Securitization Facility which exists to finance accounts receivables generated by Foreign Subsidiaries, provided that (in the case of this clause (ii)) the Subsidiary making such payments or prepayments is a Foreign Subsidiary;
(e) refinancings of Indebtedness permitted by clauses (b), (d), (e), (f), (g), (i), (j) and (k) of Section 7.03 to the extent that the incurrence of such refinancing Indebtedness is otherwise permitted under this Agreement, but provided further that, in the case of the refinancing of any Indebtedness permitted by Section 7.03(k), no principal payments on the respective refinancing Indebtedness are due until after the Maturity Date; and
(f) repayments of Indebtedness arising from Investments permitted by Section 7.02(c) to the extent permitted by any subordination provisions thereof (other than, if any Event of Default exists or will exist after making such payment, Indebtedness of the Company or any Designated Borrower to any Sub...
Payments of Certain Indebtedness. 66 Section 7.12 Burdensome Agreements and Negative Pledges ................................................. 66
Payments of Certain Indebtedness. No Loan Party shall, nor shall it permit any of its Affiliates to, directly or indirectly, purchase, redeem or defease earlier than scheduled or prepay any principal of, premium, if any, interest or other amount payable in respect of any Qualifying Sub Debt or any other Indebtedness that is subordinated to the Obligations as to right and timing of payment or security and is permitted under the Facility Documents, except (i) upon any exchange or conversion of any such Indebtedness by the holders thereof pursuant to its terms, the Borrower may pay or prepay the principal on such Indebtedness subject to such conversion, and interest with respect thereto, but only in Stock (other than Disqualified Stock) of the Borrower (or de minimus cash amounts in lieu of fractional shares of such Stock of the Borrower), (ii) in connection with any refinancing thereof with the proceeds of Qualifying Sub Xxx, (iii) in connection with any settlement, repayment, redemption, retirement or acquisition for value of any such Indebtedness in exchange for shares of Stock (other than Disqualified Stock) of the Borrower, together with de minimus cash amounts in lieu of fractional shares), and (iv) in connection with the repurchase, redemption, retirement or acquisition for value of any such Indebtedness with the proceeds received from any substantially concurrent issuance of Stock (other than Disqualified Stock) of the Borrower within ten (10) days of such issuance which proceeds are not used for any other purpose.
Payments of Certain Indebtedness. The Company shall not, nor shall it permit any of its Subsidiaries to, make directly or indirectly, any payment, prepayment, repayment or other distribution (whether in cash, securities or other property), of or in respect of principal of, premium, if any, interest on, fees on or redemption, exchange, purchase, retirement, defeasance or similar payment in respect of any Indebtedness (whether in cash, securities or other property), including any sinking fund or similar deposit, on account of the purchase, redemption, retirement, acquisition, cancellation or termination of any such Indebtedness, except (i) payments, prepayments, repayments or other distributions in respect of the Indebtedness permitted pursuant to Section 4.29 (other than clauses (a)(i), (a)(ii) of Section 4.29) and any Permitted Refinancings thereof to the extent permitted; provided that or any such Indebtedness permitted thereunder that is subject to an intercreditor and/or subordination arrangement shall be payable pursuant to the terms of such arrangement, (ii) with respect to the 2025 Notes, (A) any payments, prepayments, repayments or other distributions pursuant to a Permitted 2025 Notes Refinancing thereof,
Payments of Certain Indebtedness. At any time, directly or indirectly pay, prepay, repurchase, redeem, retire or otherwise acquire, or make any payment on account of any principal of, interest on or premium payable in connection with the repayment or redemption of any Permitted Subordinated Debt except as expressly permitted in the Subordination Agreement with respect thereto.
Payments of Certain Indebtedness. Permit, at any time on or prior to the Maturity Date, any principal payment to be made or required with respect to any single loan or other single Indebtedness (or any group of loans or other Indebtedness that are part of the same Indebtedness facility or transaction) of AMS or any Subsidiary (other than the Obligations under the Loan Documents) if :
(a) an Event of Default has occurred and is continuing, or
(b) as of the date of such actual or required payment (the “Payment Date”),
(i) the aggregate amount of all principal payments made or required with respect to such specified loan or Indebtedness (or such specified group of loans or Indebtedness) since the date of this Agreement (including any payment made or required on the Payment Date) shall equal or exceed $75,000,000, and
(ii) (A) any Loan or L/C Borrowing is outstanding on such Payment Date or the immediately preceding Business Day, or (B) the proceeds of any Loan are used to make such payment; provided that nothing contained in this clause (b) shall prohibit the payment of commercial paper using proceeds from the issuance of new commercial paper.
Payments of Certain Indebtedness. No Credit Party shall, directly or indirectly, voluntarily purchase, redeem, defease or prepay any principal of, premium, if any, interest or other amount payable in respect of any Indebtedness prior to its scheduled maturity, other than (i) the Obligations, or (ii) Indebtedness secured by a Permitted Lien if the asset securing such Indebtedness has been sold or otherwise disposed of in accordance with Section 6.9.
Payments of Certain Indebtedness. From and after the effective date of -------------------------------- this Agreement, none of the Borrowers will, or will permit any Subsidiary, without the prior written consent of the Lender, make:
(a) any amendment or modification of or supplement to the Alenia Debt Loan Documents, other than amendments or modifications that change terms which are not material, or changes necessary to grant to Alenia the Lien on Module 2 of the Flight Assets; and
(b) payment of principal or interest on the Alenia Debt other than in accordance with Section 6.1.15(e) of this Agreement.
