Common use of Prepayments From Net Asset Sale Proceeds Clause in Contracts

Prepayments From Net Asset Sale Proceeds. No later than five (5) Business Days following the receipt by Holdings, Company or any of its Subsidiaries of any Net Asset Sale Proceeds in respect of any Asset Sale, Company shall either (1) prepay the Loans in an aggregate amount equal to such Net Asset Sale Proceeds or (2), so long as no Potential Event of Default or Event of Default shall have occurred and be continuing, deliver to Administrative Agent an Officer’s Certificate setting forth (x) that portion of such Net Asset Sale Proceeds that Company or such Subsidiary intends to reinvest in equipment or other productive assets of the general type used in the business of Company and its Subsidiaries within 270 days of such date of receipt and (y) the proposed use of such portion of the Net Asset Sale Proceeds and such other information with respect to such reinvestment as Administrative Agent may reasonably request, and Company shall, or shall cause one or more of its Subsidiaries to, promptly and diligently apply such portion to such reinvestment purposes. In addition, Company shall, no later than 270 days after receipt of such Net Asset Sale Proceeds that have not theretofore been applied to the Obligations or that have not been so reinvested as provided above, make an additional prepayment of the Loans in the full amount of all such Net Asset Sale Proceeds.

Appears in 1 contract

Samples: Term Loan Agreement (Bare Escentuals Inc)

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Prepayments From Net Asset Sale Proceeds. No later than five (5) the third Business Days Day following the date of receipt by Holdings, Company or any of its Domestic Subsidiaries of any Net Asset Sale Proceeds in respect of any Asset SaleSale (other than a sale of the Headquarters prior to the first anniversary of the Closing Date, an issuance by any Loan Party of such Loan Party’s Capital Stock, and Asset Sales made in reliance on clause (iii), (iv), (vi), (vii), (viii), (ix), (xi), (xii), (xiii) or (xv) of subsection 7.7), Company shall either (1I) prepay the Term Loans in an aggregate amount equal to such Net Asset Sale Proceeds or (2II), so long as no Potential Event of Default or Event of Default shall have occurred and be continuing, and to the extent that aggregate Net Asset Sale Proceeds from any single transaction or related series of transactions do not exceed $10,000,000.00, deliver to Administrative Agent an Officer’s Certificate setting forth (xX) that portion of such Net Asset Sale Proceeds that Company or such Subsidiary intends to enter into binding commitments to reinvest in equipment or other productive assets of the general type used in the business of Company and its Subsidiaries within 270 360 days of such date of receipt and (yY) the proposed use of such portion of the Net Asset Sale Proceeds and such other information with respect to such reinvestment as Administrative Agent may reasonably request, and Company shall, or shall cause one or more of its Subsidiaries to, promptly and diligently apply such portion to such reinvestment purposes. In addition, Company shall, no later than 270 360 days after receipt of such Net Asset Sale Proceeds that have not theretofore been applied to the Obligations or that have not been so reinvested committed as provided above, make an additional prepayment of the Term Loans in the full amount of all such Net Asset Sale Proceeds.

Appears in 1 contract

Samples: Credit Agreement (Maidenform Brands, Inc.)

Prepayments From Net Asset Sale Proceeds. No later than five (5) Business Days following the date of receipt by Holdings, the Company or any of its Subsidiaries of any Net Asset Sale Proceeds in respect of any Asset Sale, the Company shall either (1) prepay the Loans in with an aggregate amount prepayment price equal to 100% of such Net Asset Sale Proceeds or (2), so long as no Potential Event of Default or Event of Default shall have occurred and be continuingcontinuing and to the extent that aggregate Net Asset Sale Proceeds from the Closing Date through the date of determination do not exceed $4,000,000, deliver to Administrative Agent an Officer’s Certificate setting forth (x) that portion of such Net Asset Sale Proceeds that the Company or such Subsidiary intends to reinvest in equipment or other productive assets of the general type used in the business of the Company and its Subsidiaries within 270 180 days of such date of receipt and (y) the proposed use of such portion of the Net Asset Sale Proceeds and such other information with respect to such reinvestment as Administrative Agent may reasonably request, and the Company shall, or shall cause one or more of its Subsidiaries to, promptly and diligently apply such portion to such reinvestment purposes. In addition, the Company shall, no later than 270 180 days after receipt of such Net Asset Sale Proceeds that have not theretofore been applied to the Obligations or that have not been so reinvested as provided above, make an additional prepayment of the Loans in the full amount of all such Net Asset Sale Proceeds.

Appears in 1 contract

Samples: Credit Agreement (Online Resources Corp)

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Prepayments From Net Asset Sale Proceeds. No later than five (5) the second Business Days Day following the date of receipt by Holdings, Company or any of its Domestic Subsidiaries of any Net Asset Sale Proceeds in respect of any Asset Sale, Company shall either (1) prepay the Loans in an aggregate amount equal to such Net Asset Sale Proceeds or (2), so long as (A) no Potential Event of Default or Event of Default shall have occurred and be continuingcontinuing and (B) such Net Asset Sale Proceeds are not proceeds from a sale and leaseback transaction under subsection 7.10, and to the extent that aggregate Net Asset Sale Proceeds from any single transaction or related series of transactions do not exceed $10,000,000, deliver to Administrative Agent an Officer’s Certificate setting forth (x) that portion of such Net Asset Sale Proceeds that Company or such Subsidiary intends to enter into binding commitments to reinvest in equipment or other productive assets of the general type used in the business of Company and its Subsidiaries within 270 360 days of such date of receipt and (y) the proposed use of such portion of the Net Asset Sale Proceeds and such other information with respect to such reinvestment as Administrative Agent may reasonably request, and Company shall, or shall cause one or more of its Subsidiaries to, promptly and diligently apply such portion to such reinvestment purposes; provided, however, that, pending such reinvestment, such portion of the Net Asset Sale Proceeds shall be applied to prepay outstanding Revolving Loans (without a reduction in the Revolving Loan Commitment Amount) to the full extent thereof. In addition, Company shall, no later than 270 360 days after receipt of such Net Asset Sale Proceeds that have not theretofore been applied to the Obligations or that have not been so reinvested committed as provided above, make an additional prepayment of the Loans in the full amount of all such Net Asset Sale Proceeds.

Appears in 1 contract

Samples: Credit Agreement (Maidenform Brands, Inc.)

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