Prepayments Due to Issuance of Debt. No later than the third (3d) Business Day following the date of receipt by the Company or any of its Subsidiaries of any proceeds of any Indebtedness (other than Indebtedness permitted by this Agreement), the Company shall prepay the Loans (and associated accrued interest and prepayment fees, if any) as provided in subsection 2.4C in an amount equal to the amount of such proceeds (net of underwriting discounts and commissions, brokers’ and financial advisors’ commissions, taxes, any prepayment premiums and other reasonable costs and expenses associated therewith, including reasonable legal fees and expenses); provided that payment or acceptance of the amounts provided for in this subsection 2.4B(iii)(b) shall not constitute a waiver of any Event of Default resulting from the incurrence of such Indebtedness or otherwise prejudice any rights or remedies of the Administrative Agent or any Lender. Notwithstanding the foregoing, in the case of a Take-Out Financing, the Company shall be permitted to apply such proceeds first, to prepay the outstanding Subordinated Notes and/or Exchange Notes (together with interest and any redemption premium), second, to the extent the Leverage Ratio is 4.0:1.0 or less (calculated on a Pro Forma Basis after giving effect to the application of such proceeds and evidenced by a Compliance Certificate delivered to the Administrative Agent), to redeem or otherwise repurchase, in whole or in part, the Preferred Stock (together with any redemption or repurchase premium thereon), and third, to apply such amounts as provided in subsection 2.4C.
Prepayments Due to Issuance of Debt. Concurrently with and as a condition to the closing of any transaction pursuant to which Holdings or any of the Borrower Entities incur Indebtedness (other than Indebtedness permitted under subsection 6.1), the Borrowers shall prepay the Loans in an amount equal to the amount of such Indebtedness paid or payable to Holdings or any of the Borrower Entities.
Prepayments Due to Issuance of Debt. No later than the fifth (5th) Business Day following the date of receipt by the Company or any of its Subsidiaries of any proceeds of any Indebtedness (other than any Indebtedness permitted by subsection 6.1), the Company shall, to the extent there is no "Default" or "Event of Default" under and as defined in the Revolving Credit Agreement, prepay the Term Loans (and associated accrued interest and prepayment fees, if any) as provided in subsection 2.4C in an amount equal to the amount of such proceeds; provided that payment or acceptance of the amounts provided for in this subsection 2.4B(iii)(b) shall not constitute a waiver of any Event of Default resulting from the incurrence of such Indebtedness or otherwise prejudice any rights or remedies of the Administrative Agent or any Lender.
Prepayments Due to Issuance of Debt. No later than the fifth (5th) Business Day following the date of receipt by the Company or any of the Subsidiaries of any proceeds of any Indebtedness (other than any Indebtedness permitted by subsection 6.1), the Company shall prepay the Term Loans (and associated accrued interest and prepayment fees, if any) as provided in subsection 2.4C in an amount equal to the amount of such proceeds; provided that payment or acceptance of the amounts provided for in this subsection 2.4B(iii)(b) shall not constitute a waiver of any Event of Default resulting from the incurrence of such Indebtedness or otherwise prejudice any rights or remedies of the Administrative Agent or any Lender.
Prepayments Due to Issuance of Debt. No later than the third Business Day following the date of receipt by Company or any of its Subsidiaries of any Net Debt Securities Proceeds, (A) Company shall prepay the Loans in an amount equal to 100% of such Net Debt Securities Proceeds (the "DEBT SECURITIES PREPAYMENT AMOUNT") and (B) to the extent the Debt Securities Prepayment Amount exceeds the aggregate outstanding principal amount of the Loans, Company shall prepay the Priority Secured Loans, and/or the Priority Secured Revolving Loan Commitments shall be permanently reduced, in an amount equal to such excess in accordance with the Priority Secured Credit Agreement.
Prepayments Due to Issuance of Debt. On or prior to the ----------------------------------- first Business Day after receipt by Holdings or any of its Subsidiaries of the Cash proceeds (any such proceeds, net of underwriting discounts and commissions and other reasonable costs and expenses associated therewith, including reasonable legal fees and expenses, being "Net Debt Proceeds") from the issuance of any debt Securities of Holdings or any of its Subsidiaries after the Effective Date, Company shall prepay the Loans in an aggregate amount equal to such Net Debt Proceeds; provided that the -------- provisions of this subsection 2.4A(iii)(c) shall not apply to the issuance of any debt Securities permitted under subsection 7.1 as in effect on the Effective Date; and provided, further, however, that payment or acceptance -------- ------- ------- of any mandatory prepayment provided for in this subsection 2.4A(iii)(c) is not a permitted alternative to compliance with the provisions of subsection 7.1 and shall not constitute a waiver of any Event of Default resulting from noncompliance by Holdings or Company with the terms thereof or otherwise prejudice or limit any rights or remedies of Administrative Agent or any Lender.
Prepayments Due to Issuance of Debt. On the date of receipt by Company or any of its Subsidiaries of the Cash proceeds of any Indebtedness, including debt Securities of Company or any of its Subsidiaries (other than Indebtedness expressly permitted pursuant to subsections 7.1(i) through 7.1(vi) (such proceeds, net of underwriting discounts and commissions and other reasonable costs and expenses associated therewith, including reasonable legal fees and expenses, being the "Net Indebtedness Proceeds"), Company shall prepay the Loans in an aggregate amount equal to such Net Indebtedness Proceeds; provided however that payment or acceptance of amounts provided for in this subsection 2.4B(iii)(c) shall not constitute a waiver of any Event of Default resulting from the incurrence of such Indebtedness or otherwise prejudice any rights or remedies of Agents or Lenders.
Prepayments Due to Issuance of Debt. On or prior to the first (1st) Business Day after receipt by the Parent, the Company or any of its Subsidiaries of any proceeds of any Indebtedness (other than the Loans and any other Indebtedness permitted by this Agreement), the Company shall prepay the Term Loans in an amount equal to the amount of such proceeds; provided that payment or acceptance of the amounts provided for in this subsection 2.4B(iii)(b) shall not constitute a waiver of any Event of Default resulting from the incurrence of such Indebtedness or otherwise prejudice any rights or remedies of the Administrative Agent or any Lender.
Prepayments Due to Issuance of Debt. On the fifth Business Day following the date of receipt by the Borrowers or any of their Restricted Subsidiaries, of the proceeds (including Cash, real property or other property) (any such proceeds, net of underwriting discounts and commissions and other reasonable costs and expenses associated therewith, including reasonable legal fees and expenses, being "NET PROCEEDS") from the issuance of any debt of the Borrowers or any of their Restricted Subsidiaries (other than any debt expressly permitted under subsection 7.1), the Borrowers shall prepay the Loans in an aggregate amount equal to 100% of such Net Proceeds.
Prepayments Due to Issuance of Debt. Subject to subsection 2.4(B)(iii)(f), on the date of receipt by any Obligor of cash proceeds (net of underwriting discounts and commissions and other reasonable costs associated therewith), from one or more issuances of any debt Securities of such Obligor (excluding issuances permitted by subsections 7.1 and all Obligations) (“Net Debt Securities Proceeds”), Borrower shall prepay the Term Loans by 100% of such Net Debt Securities Proceeds. Any such mandatory prepayments or reductions shall be applied as specified in subsection 2.4B(iv)(b).
