Common use of Prepayments Due to Issuance of Debt Clause in Contracts

Prepayments Due to Issuance of Debt. On the date of receipt ----------------------------------- by Holdings, Company or any of their respective Subsidiaries of the Cash proceeds of any Indebtedness, including debt Securities of Holdings, Company or any of their respective Subsidiaries (other than the Loans and any other Indebtedness permitted under subsections 7.1 (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 the amounts provided for in this subsection 2.4A(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. If Company is otherwise required to apply any portion of Net Indebtedness Proceeds to prepay Indebtedness evidenced by the Term Loans or the Senior Notes then, notwithstanding anything contained in this Agreement to the contrary, Company shall apply such Net Indebtedness Proceeds to the prepayment of the Loans so as to eliminate or minimize any obligation to prepay the Term Loans or the Senior Notes.

Prepayments Due to Issuance of Debt. On the date of receipt ----------------------------------- by Holdings, Company or any of their respective Subsidiaries of the Cash proceeds of any Indebtedness, including debt Securities of Holdings, Company or any of their respective Subsidiaries (other than the Loans and any other Indebtedness permitted under subsections 7.1 (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 the amounts provided for in this subsection 2.4A(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. If Company is otherwise required to apply any portion of Net Indebtedness Proceeds to prepay Indebtedness evidenced by the Term Loans or the Senior Notes thenNotes, then notwithstanding anything contained in this Agreement to the contrary, contrary Company shall apply such Net Indebtedness Proceeds to the prepayment of the Loans so as to eliminate or minimize any obligation to prepay the Term Loans or the Senior Notes.

Prepayments Due to Issuance of Debt. On the date of receipt ----------------------------------- by ------------------------------------ Holdings, Company or any of their respective Subsidiaries of the Cash proceeds of any Indebtedness, including debt Securities of Holdings, Company or any of their respective Subsidiaries (other than the Loans and any other Indebtedness permitted under subsections 7.1 (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 PROCEEDSNet Indebtedness Proceeds")), Company shall prepay the Loans in an aggregate amount equal to such Net Indebtedness Proceeds; provided, however, that -------- ------- payment or acceptance of the amounts provided for ----------------- in this subsection 2.4A(iii)(c2.4B(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. If Company is otherwise required to apply any portion of Net Indebtedness Proceeds to prepay Indebtedness evidenced by the Second Priority Term Loans or the Senior Notes then, notwithstanding anything contained in this Agreement to the contrary, Company shall apply such Net Indebtedness Proceeds to the prepayment of the Loans so as to eliminate or minimize any obligation to prepay the Second Priority Term Loans or the Senior Notes.

Prepayments Due to Issuance of Debt. On the date of receipt ----------------------------------- by Holdings, Company or any of their respective Subsidiaries of the Cash proceeds of any Indebtedness, including debt Securities of Holdings, Company or any of their respective Subsidiaries (other than the Loans and any other Indebtedness permitted under subsections 7.1 (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 PROCEEDSNet Indebtedness Proceeds")), Company shall prepay the Loans in an aggregate amount equal to such Net Indebtedness Proceeds; provided, however, that -------- ------- payment or acceptance of the amounts provided for in this subsection 2.4A(iii)(c2.4B(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. If Company is otherwise required to apply any portion of Net Indebtedness Proceeds to prepay Indebtedness evidenced by the Second Priority Term Loans or the Senior Notes then, notwithstanding anything contained in this Agreement to the contrary, Company shall apply such Net Indebtedness Proceeds to the prepayment of the Loans so as to eliminate or minimize any obligation to prepay the Second Priority Term Loans or the Senior Notes.