Common use of Prepayments and Reductions from Consolidated Excess Cash Flow Clause in Contracts

Prepayments and Reductions from Consolidated Excess Cash Flow. In the event that there shall be Consolidated Excess Cash Flow for any Fiscal Year (commencing with the Fiscal Year ending December 31,1999), Company shall, no later than the fifth Business Day after the delivery of financial statements for such Fiscal Year, prepay the Loans and/or the Acquisition Loan Commitments shall be permanently reduced in an aggregate amount equal to 50% of such Consolidated Excess Cash Flow less the aggregate amount of all voluntary prepayments of Term Loans actually made in such Fiscal Year pursuant to subsection 2.4B(i); PROVIDED that (i) the amount of such prepayment hereunder in respect of Excess Cash Flow shall be limited to the amount necessary to reduce the amount of Indebtedness included in the calculation of the Consolidated Leverage Ratio to the amount that would result, on a pro forma basis after giving effect to such prepayment, in a Consolidated Leverage Ratio of 3.50:1 or less at the end of the Fiscal Quarter then most recently ended and (ii) if as of the last day of such Fiscal Year, the Consolidated Leverage Ratio (as evidenced by a Margin Determination Certificate delivered to Administrative Agent pursuant to subsection 6.1(iv)) is equal to or less than 3.50:1.00, no prepayments of any Loans and no reduction of the Acquisition Loan Commitments or amount of Consolidated Excess Cash Flow need be made.

Prepayments and Reductions from Consolidated Excess Cash Flow. In the event that there shall be Consolidated Excess Cash Flow for any Fiscal Year (commencing with the Fiscal Year ending December 31,1999), Company shall, no later than the fifth Business Day after the delivery of financial statements for such Fiscal Year, prepay the Loans and/or the Acquisition Revolving Loan Commitments shall be permanently reduced in an aggregate amount equal to 5075% of such Consolidated Excess Cash Flow less the aggregate amount of all voluntary prepayments of Term Loans actually made in such Fiscal Year pursuant to subsection 2.4B(i); PROVIDED provided that (i) the amount of such prepayment hereunder in respect of Excess Cash Flow shall be limited to the amount necessary to reduce the amount of Indebtedness included in the calculation of the Consolidated Leverage Ratio to the amount that would result, on a pro forma basis after giving effect to such prepayment, in a Consolidated Leverage Ratio of 3.50:1 or less at the end of the Fiscal Quarter then most recently ended and (ii) if as of the last day of such Fiscal Year, the Consolidated Leverage Ratio (as evidenced by a Margin Determination Certificate delivered to Administrative Agent pursuant to subsection 6.1(iv)) is equal to or less than 3.50:1.00, no prepayments of any Loans and no reduction of the Acquisition Revolving Loan Commitments or amount of Consolidated Excess Cash Flow need be made.

Prepayments and Reductions from Consolidated Excess Cash Flow. In the event that there shall be Consolidated Excess Cash Flow for any Fiscal Year (commencing with the Fiscal Year ending December 31,1999on January 1, 2006), Company shall, no later than the fifth Business Day 120 days after the delivery end of financial statements for such Fiscal Year, prepay the Loans and/or the Acquisition Revolving Loan Commitments Commitment Amount shall be permanently reduced in an aggregate amount equal to 75% (the “Consolidated Excess Cash Flow Percentage”) of such Consolidated Excess Cash Flow; provided that if the Applicable Consolidated Leverage Ratio as of the end of such Fiscal Year is 2.00:1.00 or less, Consolidated Excess Cash Flow Percentage shall be 50% %, provided, further, that (A) Company shall receive a credit against any prepayments and/or reductions required under this subsection (e) for any voluntary prepayment or redemption of the Holdings Notes made in accordance with this Agreement and (B) if the calculation of such Consolidated Excess Cash Flow less includes a deduction for voluntary prepayment of the aggregate amount of all voluntary prepayments of Term Loans actually made in such Fiscal Year pursuant to subsection 2.4B(i(the “Prepaid Amount”); PROVIDED that , then (i) the amount of such prepayment hereunder in respect of Consolidated Excess Cash Flow shall be limited to deemed increased by the amount necessary to reduce Prepaid Amount for the amount purposes of Indebtedness included in the calculation of the Consolidated Leverage Ratio to the amount that would resultdetermining prepayments and/or reductions required under this subsection (e), on a pro forma basis after giving effect to such prepayment, in a Consolidated Leverage Ratio of 3.50:1 or less at the end of the Fiscal Quarter then most recently ended and (ii) if as Company shall receive a credit equal to the amount of the last day of Prepaid Amount against any prepayments and/or reductions required under this subsection (e) with respect to the Fiscal Year in which such Fiscal Year, the Consolidated Leverage Ratio voluntary prepayment was made (as evidenced by a Margin Determination Certificate delivered such credit may not be carried forward to Administrative Agent pursuant to subsection 6.1(ivsubsequent years)) is equal to or less than 3.50:1.00, no prepayments of any Loans and no reduction of the Acquisition Loan Commitments or amount of Consolidated Excess Cash Flow need be made.”.