Common use of Proceeds of Equity Issuances Clause in Contracts

Proceeds of Equity Issuances. If the Parent, the Borrower or any Subsidiary receives Net Cash Equity Issuance Proceeds from any Equity Issuance and as of the last day of the fiscal quarter ended immediately prior to the date of such Equity Issuance, the Total Leverage Ratio is equal to or greater than 6:00:1:00, the Borrower shall pay to the Administrative Agent for the respective accounts of the Lenders as provided in §4.5 an amount equal to the lesser of (a) fifty percent (50%) of such Net Cash Equity Issuance Proceeds or (b) that amount necessary to reduce the Total Leverage Ratio to 6.00:1.00 after giving effect to such prepayment, such amount to be applied to prepay the Loans in the manner set forth in §4.5; provided, however, that the Borrower shall not be required to prepay the Loans under this §4.3 with Net Cash Equity Issuance Proceeds from an Equity Issuance permitted by §10.14(a) or §10.14(b)(i) or §10.14(b)(ii); and provided, further, that the Borrower may apply all or any portion of Net Cash Equity Issuance Proceeds which the Parent, the Borrower or any Subsidiary may receive from Equity Issuances to finance Permitted Acquisitions, so long as (i) within ninety (90) days of receipt by such Person of such Net Cash Equity Issuance Proceeds, the Borrower identifies to the Administrative Agent in writing an acquisition permitted under §10.5.1 which will be financed with such proceeds, and (ii) within three hundred sixty-five (365) days of receipt of such Net Cash Equity Issuance Proceeds, the Borrower consummates such Permitted Acquisition with all or a portion of such Net Cash Equity Issuance Proceeds. The Borrower shall in any event comply with the terms of §4.6.

Proceeds of Equity Issuances. If the Parent, the Borrower or any Subsidiary of its Subsidiaries receives Net Cash Equity Issuance Proceeds from any Equity Issuance and as of the last day of the fiscal quarter ended immediately prior to the date of such Equity Issuance, the Total Leverage Ratio is equal to or greater than 6:00:1:006:00 to 1:00, the Borrower shall pay to the Administrative Agent for the respective accounts of the Lenders as provided in §4.5 ss.5.5 an amount equal to the lesser of (a) fifty percent (50%) of such Net Cash Equity Issuance Proceeds or (b) that amount necessary to reduce the Total Leverage Ratio to 6.00:1.00 after giving effect to such prepayment, such amount to be applied to prepay the Loans in the manner set forth in §4.5ss.5.5; provided, however, that the Borrower shall not be required to prepay the Loans under this §4.3 with Net Cash Equity Issuance Proceeds from an Equity Issuance permitted by §10.14(a) or §10.14(b)(i) or §10.14(b)(ii); and provided, further, that the Borrower may apply all or any portion of Net Cash Equity Issuance Proceeds which the Parent, the Borrower or any Subsidiary may receive from Equity Issuances to finance Permitted Acquisitions, so long as if (i) within ninety (90) days of receipt by such Person of such Net Cash Equity Issuance Proceeds, the Borrower identifies to the Administrative Agent in writing an acquisition permitted under §10.5.1 which will be financed with such proceedsss.11.5.1, and (ii) within three hundred sixty-five (365) days of receipt of such Net Cash Equity Issuance Proceeds, the Borrower consummates such Permitted Acquisition with all or a portion of such Net Cash Equity Issuance Proceeds. The , the Borrower shall not be required to apply up to $100,000,000 of such Net Cash Equity Issuance Proceeds to prepay the Loans under this ss.5.3 to the extent such amounts were applied to finance such Permitted Acquisition but shall in any event comply with the terms of §4.6ss.5.6.

Proceeds of Equity Issuances. If the Parent, the Borrower or any Subsidiary receives Net Cash Equity Issuance Proceeds from any Equity Issuance and as of the last day of the fiscal quarter ended immediately prior to the date of such Equity Issuance, the Total Leverage Ratio is equal to or greater than 6:00:1:006:00 to 1:00, the Borrower shall pay to the Administrative Agent for the respective accounts of the Lenders as provided in §4.5 an amount equal to the lesser of (a) fifty percent (50%) of such Net Cash Equity Issuance Proceeds or (b) that amount necessary to reduce the Total Leverage Ratio to 6.00:1.00 after giving effect to such prepayment, such amount to be applied to prepay the Loans in the manner set forth in §4.5; provided, however, that the Borrower shall not be required to prepay the Loans under this §4.3 with Net Cash Equity Issuance Proceeds from an Equity Issuance permitted by §10.14(a) or §10.14(b)(i) or §10.14(b)(ii); and provided, further, that the Borrower may apply all or any portion of Net Cash Equity Issuance Proceeds which the Parent, the Borrower or any Subsidiary may receive from Equity Issuances to finance Permitted Acquisitions, so long as (i) within ninety (90) days of receipt by such Person of such Net Cash Equity Issuance Proceeds, the Borrower identifies to the Administrative Agent in writing an acquisition permitted under §10.5.1 which will be financed with such proceeds, and (ii) within three hundred sixty-five (365) days of receipt of such Net Cash Equity Issuance Proceeds, the Borrower consummates such Permitted Acquisition with all or a portion of such Net Cash Equity Issuance Proceeds. The Borrower shall in any event comply with the terms of §4.6.