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 Fiscal Year 2009 (which, for the avoidance of doubt, shall be the year ended December 31, 2009 if Company changes its Fiscal Year end from June 30)), Company shall, no later than 105 days after the end of such Fiscal Year, prepay the Loans and/or the Revolving Loan Commitment Amount shall be permanently reduced in an aggregate amount equal to (i) 75% of such Consolidated Excess Cash Flow minus (ii) voluntary prepayments of the Loans (excluding repayments of Revolving Loans or Swingline Loans, except to the extent the Revolving Commitments are permanently reduced in connection with such repayments); provided that for any Fiscal Year in which the Consolidated Leverage Ratio as of the last day of such Fiscal Year is less than 3.00:1.00, the amount in clause (i) shall be reduced to 50%; provided further that for any Fiscal Year in which the Consolidated Leverage Ratio as of the last day of such Fiscal Year is less than 2.00:1.00, no prepayment shall be required under this subsection 2.4B(iii)(e).

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 2009 (which, for the avoidance of doubt, shall be the year ended December 31, 2009 if Company changes its Fiscal Year end from ending June 30), 2005), Company shall, no later than 105 days after the end of such Fiscal Year, prepay the Loans and/or the Revolving Loan Commitment Amount shall be permanently reduced in an aggregate amount equal to (i) 75% of such Consolidated Excess Cash Flow minus (ii) voluntary prepayments of the Loans (excluding repayments of Revolving Loans or Swingline Loans, except to the extent the Revolving Commitments are permanently reduced in connection with such repayments)Flow; provided that for any Fiscal Year in which the Consolidated Leverage Ratio as of the last day of such Fiscal Year is less than 3.00:1.00, 3.50:1.00 and is greater than or equal to 2.50:1.00 the amount in clause (ipercentage of Consolidated Excess Cash Flow required to be used to prepay the Loans and/or permanently reduce the Revolving Loan Commitments pursuant to this subsection 2.4B(iii)(e) shall be reduced to 50%; provided further that for any Fiscal Year in which the Consolidated Leverage Ratio as of the last day of such Fiscal Year is less than 2.00:1.00, no prepayment shall 2.50:1.00 the percentage of Consolidated Excess Cash Flow required to be required under used to prepay the Loans and/or permanently reduce the Revolving Loan Commitments pursuant to this subsection 2.4B(iii)(e)) shall be 25%.

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 2009 (whichending on January 1, for the avoidance of doubt, shall be the year ended December 31, 2009 if Company changes its Fiscal Year end from June 30)2006), Company shall, no later than 105 120 days after the end of such Fiscal Year, prepay the Loans and/or the Revolving Loan Commitment Amount shall be permanently reduced in an aggregate amount equal to 50% (ithe “Consolidated Excess Cash Flow Percentage”) 75% of such Consolidated Excess Cash Flow minus (ii) voluntary prepayments of the Loans (excluding repayments of Revolving Loans or Swingline Loans, except to the extent the Revolving Commitments are permanently reduced in connection with such repayments)Flow; provided that for any Fiscal Year in which (I) if the Applicable Consolidated Leverage Ratio as of the last day end of such Fiscal Year is 4.00:1.00 or less but greater than 3.00:1.002.25:1.00, the amount in clause (i) Consolidated Excess Cash Flow Percentage shall be reduced to 5025%; provided further that for any Fiscal Year in which , and (II) if the Applicable Consolidated Leverage Ratio as of the last day end of such Fiscal Year is less than 2.00:1.002.25:1.00 or less, no prepayment or reduction shall be required, and provided, further, that any prepayments and/or reductions required under this subsection 2.4B(iii)(e(d), shall be reduced on a dollar for dollar basis by the amount of any voluntary prepayment of Term Loans made during such Fiscal Year (it being agreed, however, that such credit may not be carried forward to subsequent years).