Common use of Right to Cure Financial Covenants Clause in Contracts

Right to Cure Financial Covenants. (i) Notwithstanding anything to the contrary contained in Section 5.04(a) or (b), if the Parent fails to comply with the requirements of either covenant set forth in Section 5.04(a) or (b) (the “Financial Covenants”), then until the 10th calendar day after delivery of the related certificate pursuant to Section 5.03(b) or (c) Parent shall have the right to issue capital stock for cash or otherwise receive cash contributions in an aggregate amount equal to or greater than the amount that, if added to EBITDA for the relevant Measurement Period, would have been sufficient to cause compliance with the Financial Covenants for such Measurement Period (an “Equity Cure”). (ii) The Borrower shall give the Administrative Agent written notice (the “Cure Notice”) of an Equity Cure on or before the day the Equity Cure is consummated. The Borrower shall not be entitled to exercise the Equity Cure any more than six times during the term of this Agreement, and the Equity Cure may not be exercised in consecutive fiscal quarters. (iii) Upon the delivery by the Borrower of a Cure Notice, no Event of Default or Default shall be deemed to exist pursuant to the financial Covenants (and any such Default or Event of Default shall be retroactively considered not to have existed or occurred). If the Equity Cure is not consummated within 10 days after delivery of the related certificate pursuant to Section 5.03(b) or (c), each such Default or Event of Default shall be deemed reinstated. (iv) The cash amount received by the Parent pursuant to exercise of the Equity Cure Right shall be added to EBITDA for the last quarter of the immediately preceding Measurement Period solely for purposes of recalculating compliance with the Financial Covenants for such Measurement Period and of calculating the Financial Covenants as of the end of the next three following Measurement Periods.

Right to Cure Financial Covenants. (i) Notwithstanding anything to the contrary contained in Section 5.04(a) or (b), if the Parent fails Borrower and the Guarantors fail to comply with the requirements of either covenant set forth in Section 5.04(a) or (b) (the “Financial Covenants”), then until the 10th calendar day after delivery of the related LSP Gen Finance Special L/C Facility Agreement certificate pursuant to Section 5.03(b) or (c) Parent ), the Borrower shall have the right to issue capital stock for cash or otherwise receive cash contributions in an aggregate amount equal to or greater than the amount that, if added to EBITDA for the relevant Measurement Period, would have been sufficient to cause compliance with the Financial Covenants for such Measurement Period (an “Equity Cure”). (ii) The Borrower shall give the Administrative Agent written notice (the “Cure Notice”) of an Equity Cure on or before the day the Equity Cure is consummated. The Borrower shall not be entitled to exercise the Equity Cure any more than six times during the term of this Agreement, and the Equity Cure may not be exercised one time in any consecutive four fiscal quarters. (iii) Upon the delivery by the Borrower of a Cure Notice, no Event of Default or Default shall be deemed to exist pursuant to the financial Financial Covenants (and any such Default or Event of Default shall be retroactively considered not to have existed or occurred). If the Equity Cure is not consummated within 10 days after delivery of the related certificate pursuant to Section 5.03(b) or (c), each such Default or Event of Default shall be deemed reinstated. (iv) The cash amount received by the Parent Borrower pursuant to exercise of the Equity Cure Right shall be added to EBITDA for the last quarter of the immediately preceding Measurement Period solely for purposes of recalculating compliance with the Financial Covenants for such Measurement Period and of calculating the Financial Covenants as of the end of the next three following Measurement Periods.

Right to Cure Financial Covenants. (i) Notwithstanding anything to the contrary contained in Section 5.04(a) 7.1 or (b)7.2, if the Parent fails Borrowers fail to comply with the requirements of either covenant the covenants set forth in Section 5.04(a) or (b) 6.14 (the “Financial Covenants”), then until the 10th calendar day Business Day after delivery of the related certificate pursuant date on which financial statements are required to be delivered with respect to the applicable fiscal quarter under Section 5.03(b5.1(a) or Section 5.1(b) (c) Parent the “Cure Period”), the Borrowers shall have the right (the “Cure Right”) to give written notice (the “Cure Notice”) to the Administrative Agent of its intent to issue capital stock Capital Stock (that is not Redeemable Stock) for cash or otherwise receive cash capital contributions in respect of Capital Stock in an aggregate amount equal to or greater than the amount that, if added to EBITDA for the relevant Measurement Periodtesting period, would have been sufficient to cause compliance with the Financial Covenants for such Measurement Period period (an “Equity Cure”). ) (iifor the avoidance of doubt, nothing in this Section 7.3 shall prevent the Borrowers from issuing Capital Stock for cash in an aggregate amount in excess of the amount sufficient to cause compliance with the Financial Covenants) The Borrower shall give the Administrative Agent written notice (the “Cure NoticeSpecified Equity Contribution”); provided that: (i) of an Equity Cure on or before the day the Equity Cure is consummated. The Borrower Borrowers shall not be entitled to exercise the Equity Cure any more than six four times during prior to the term of this Agreement, Maturity Date and the Equity Cure may not be exercised in each four consecutive fiscal quarters., there shall be a period of at least two fiscal quarters in which no Equity Cure shall have been made; (iiiii) Upon if after the delivery by exercise of the Borrower Cure Right, the recalculation of a Cure Noticethe Financial Covenants are such that the Parent and its Subsidiaries (including its Restricted Subsidiaries) are in compliance with the Financial Covenants, then, no Default or Event of Default or Default shall be deemed to exist pursuant to the financial Financial Covenants (and any such Default or Event of Default shall be retroactively considered not to have existed or occurred); provided, that, it is understood and agreed that the Administrative Agent and the Lenders will not be permitted to take any enforcement actions or engage in any other remedies during the Cure Period due solely to a breach of the Financial Covenants. If the Equity Cure is not consummated within 10 days Business Days after delivery of the related certificate pursuant date on which financial statements are required to be delivered with respect to applicable fiscal quarter under Section 5.03(b5.1(a) or (cSection 5.1(b), each such Default or Event of Default shall be deemed reinstated.; (iviii) The the cash amount received by the Parent a Borrower pursuant to exercise of the right to make an Equity Cure Right shall be added to EBITDA for the last quarter of the immediately preceding Measurement Period testing period solely for purposes of recalculating compliance with the Financial Covenants for such Measurement Period period and of calculating the Financial Covenants as of the end of the next three following Measurement Periodsperiods; provided, however, for the avoidance of doubt, such cash amount shall not be netted pursuant to clause (b) of the definition of Adjusted Funded Debt with respect to the fiscal quarter for which such Equity Cure is made. The Equity Cure shall not be taken into account for purposes of calculating the Financial Covenants, or any other financial ratio, in order to determine Pro Forma Compliance with the Financial Covenants, or any other financial ratio, for purposes of the incurrence of any Indebtedness or the undertaking of any Permitted Acquisition, or for purposes of calculating any baskets or compliance with any other covenants or for any other purpose hereunder; and (iv) for purposes of determining compliance with the Financial Covenants, the amount of any Specified Equity Contribution shall be no more than the amount required to cause the Borrowers to be in Pro Forma Compliance with the Financial Covenants.

Right to Cure Financial Covenants. (i) Notwithstanding anything to the contrary contained in Section 5.04(a) or (b), if the Parent fails Borrower and the Guarantors fail to comply with the requirements of either covenant set forth in Section 5.04(a) or (b) (the “Financial Covenants”), then until the 10th calendar day after delivery of the related certificate pursuant to Section 5.03(b) or (c) Parent ), the Borrower shall have the right to issue capital stock for cash or otherwise receive cash contributions in an aggregate amount equal to or greater than the amount that, if added to EBITDA for the relevant Measurement Period, would have been sufficient to cause compliance with the Financial Covenants for such Measurement Period (an “Equity Cure”). (ii) The Borrower shall give the Administrative Agent written notice (the “Cure Notice”) of an Equity Cure on or before the day the Equity Cure is consummated. The Borrower shall not be entitled to exercise the Equity Cure any more than six times during the term of this Agreement, and the Equity Cure may not be exercised one time in any consecutive four fiscal quarters. (iii) Upon the delivery by the Borrower of a Cure Notice, no Event of Default or Default shall be deemed to exist pursuant to the financial Financial Covenants (and any such Default or Event of Default shall be retroactively considered not to have existed or occurred). If the Equity Cure is not consummated within 10 days after delivery of the related certificate pursuant to Section 5.03(b) or (c), each such Default or Event of Default shall be deemed reinstated. (iv) The cash amount received by the Parent Borrower pursuant to exercise of the Equity Cure Right shall be added to EBITDA for the last quarter of the immediately preceding Measurement Period solely for purposes of recalculating compliance with the Financial Covenants for such Measurement Period and of calculating the Financial Covenants as of the end of the next three following Measurement Periods.

Right to Cure Financial Covenants. (i) Notwithstanding anything to the contrary contained in Section 5.04(a7.04(a) or (b), if the Parent fails Borrower and the Guarantors fail to comply with the requirements of either covenant set forth in Section 5.04(a7.04(a) or (b) (the “Financial Covenants”), then until the 10th calendar day after delivery of the related certificate pursuant to Section 5.03(b7.03(b) or (c) Parent ), the Borrower shall have the right to issue capital stock for cash or otherwise receive cash contributions in an aggregate amount equal to or greater than the amount that, if added to EBITDA for the relevant Measurement Period, would have been sufficient to cause compliance with the Financial Covenants for such Measurement Period (an “Equity Cure”). (ii) The Borrower shall give the Administrative Agent written notice (the “Cure Notice”) of an Equity Cure on or before the day the Equity Cure is consummated. The Borrower shall not be entitled to exercise the Equity Cure any more than six times during the term of this Agreement, and the Equity Cure may not be exercised one time in any consecutive four fiscal quarters. (iii) Upon the delivery by the Borrower of a Cure Notice, no Event of Default or Default shall be deemed to exist pursuant to the financial Financial Covenants (and any such Default or Event of Default shall be retroactively considered not to have existed or occurred). If the Equity Cure is not consummated within 10 days after delivery of the related certificate pursuant to Section 5.03(b7.03(b) or (c), each such Default or Event of Default shall be deemed reinstated.. LSP Gen Finance First Lien Credit Agreement (iv) The cash amount received by the Parent Borrower pursuant to exercise of the Equity Cure Right shall be added to EBITDA for the last quarter of the immediately preceding Measurement Period solely for purposes of recalculating compliance with the Financial Covenants for such Measurement Period and of calculating the Financial Covenants as of the end of the next three following Measurement Periods.

Right to Cure Financial Covenants. (i) Notwithstanding anything to the contrary contained in Section 5.04(a) or (b), if the Parent fails Borrower and the Guarantors fail to comply with the requirements of either the covenant set forth in Section 5.04(a) or (b) (the “Financial CovenantsCovenant”), then until the 10th calendar day after delivery of the related certificate pursuant to Section 5.03(b) or (c) Parent ), the Borrower shall have the right to issue capital stock for cash or otherwise receive cash contributions in an aggregate amount equal to or greater than the amount that, if added to EBITDA for the relevant Measurement Period, would have been sufficient to cause compliance with the Financial Covenants Covenant for such Measurement Period (an “Equity Cure”). (ii) The Borrower shall give the Administrative Agent written notice (the “Cure Notice”) of an Equity Cure on or before the day the Equity Cure is consummated. The Borrower shall not be entitled to exercise the Equity Cure any more than six times during the term of this Agreement, and the Equity Cure may not be exercised one time in any consecutive four fiscal quarters. (iii) Upon the delivery by the Borrower of a Cure Notice, no Event of Default or Default shall be deemed to exist pursuant to the financial Covenants Financial Covenant (and any such Default or Event of Default shall be retroactively considered not to have existed or occurred). If the Equity Cure is not consummated within 10 days after delivery of the related certificate pursuant to Section 5.03(b) or (c), each such Default or Event of Default shall be deemed reinstated. (iv) The cash amount received by the Parent Borrower pursuant to exercise of the Equity Cure Right shall be added to EBITDA for the last quarter of the immediately preceding Measurement Period solely for purposes of recalculating compliance with the Financial Covenants for such Measurement Period and of calculating the Financial Covenants as of the end of the next three following Measurement Periods.. LSP Gen Finance Second Lien Credit Agreement

Right to Cure Financial Covenants. (i) Notwithstanding anything to the contrary contained in Section 5.04(a) or (b), if the Parent fails Loan Parties fail to comply with the requirements of either covenant set forth in Section 5.04(a) or (b) (the “Financial Covenants”), then until the 10th calendar day after delivery of the related certificate pursuant to Section 5.03(b) or (c) Parent ), the Borrower shall have the right to issue capital stock for cash or otherwise receive cash contributions from EBG Holdings in an aggregate amount equal to or greater than the amount that, if added to Consolidated Adjusted EBITDA for the relevant Measurement PeriodFiscal Quarter, would have been sufficient to cause compliance with the Financial Covenants for such Measurement Period Fiscal Quarter (an “Equity Cure”). (ii) The Borrower shall give the Administrative Agent written notice (the “Cure Notice”) of an Equity Cure on or before the day the Equity Cure is consummated. The Borrower shall not be entitled to exercise the Equity Cure any more than six times during the term of this Agreement, and the Equity Cure may not be exercised one (1) time in any consecutive fiscal quartersfour (4) Fiscal Quarters. (iii) Upon the delivery by the Borrower of a Cure Notice, no Event of Default or Default shall be deemed to exist pursuant to the financial Financial Covenants (and any such Default or Event of Default shall be retroactively considered not to have existed or occurred). If the Equity Cure is not consummated within 10 ten (10) days after delivery of the related certificate pursuant to Section 5.03(b) or (c), each such Default or Event of Default shall be deemed reinstated. (iv) The cash amount received by the Parent Borrower pursuant to exercise of the Equity Cure Right shall be added to Consolidated Adjusted EBITDA for the last quarter of the immediately preceding Measurement Period Fiscal Quarter solely for purposes of recalculating compliance with the Financial Covenants for such Measurement Period Fiscal Quarter and of calculating the Financial Covenants as of for the end of the next three following Measurement Periodsperiods that include such Fiscal Quarter.

Right to Cure Financial Covenants. (i) Notwithstanding anything to the contrary contained in Section 5.04(a) or (b), if the Parent fails Loan Parties fail to comply with the requirements of either covenant set forth in Section 5.04(a) or (b) (the “Financial Covenants”), then until the 10th calendar day after delivery of the related certificate pursuant to Section 5.03(b) or (c) Parent ), the Borrower shall have the right to issue capital stock for cash or otherwise receive cash contributions from EBG Holdings in an aggregate amount equal to or greater than the amount that, if added to Consolidated Adjusted EBITDA for the relevant Measurement PeriodFiscal Quarter, would have been sufficient to cause compliance with the Financial Covenants for such Measurement Period Fiscal Quarter (an “Equity Cure”). (ii) The Borrower shall give the Administrative Agent written notice (the “Cure Notice”) of an Equity Cure on or before the day the Equity Cure is consummated. The Borrower shall not be entitled to exercise the Equity Cure any more than six times during the term of this Agreement, and the Equity Cure may not be exercised one time in any consecutive fiscal quartersfour Fiscal Quarters. (iii) Upon the delivery by the Borrower of a Cure Notice, no Event of Default or Default shall be deemed to exist pursuant to the financial Financial Covenants (and any such Default or Event of Default shall be retroactively considered not to have existed or occurred). If the Equity Cure is not consummated within 10 days after delivery of the related certificate pursuant to Section 5.03(b) or (c), each such Default or Event of Default shall be deemed reinstated. (iv) The cash amount received by the Parent Borrower pursuant to exercise of the Equity Cure Right shall be added to Consolidated Adjusted EBITDA for the last quarter of the immediately preceding Measurement Period Fiscal Quarter solely for purposes of recalculating compliance with the Financial Covenants for such Measurement Period Fiscal Quarter and of calculating the Financial Covenants as of for the end of the next three following Measurement Periodsperiods that include such Fiscal Quarter.