Common use of Specified Equity Contributions Clause in Contracts

Specified Equity Contributions. For purposes of determining compliance with Section 7.1 only (and not any other provision of this Agreement, including any such other provision that utilizes a calculation of Consolidated EBITDA), any equity contribution (other than Disqualified Capital Stock) made by Holdings or any of the other direct or indirect equityholders of the Borrower to the Borrower, on or after the Closing Date and on or prior to the day that is 10 Business Days after the day on which financial statements are required to be delivered for such fiscal quarter pursuant to Section 6.1 shall, at the request of the Borrower, be deemed to increase, dollar for dollar, Consolidated EBITDA for such fiscal quarter for the purposes of determining compliance with Section 7.1 at the end of such fiscal quarter and applicable subsequent periods (it being understood that each such contribution shall be effective as to such fiscal quarter for all periods in which such fiscal quarter is included) (any such equity contribution so included in the calculation of Consolidated EBITDA, a “Specified Equity Contribution”); provided that (a) in each four fiscal quarter period there shall be a period of at least three fiscal quarters in which no Specified Equity Contribution is made, (b) the amount of any Specified Equity Contribution shall be no greater than the amount required to cause the Borrower to be in compliance with Section 7.1,

Specified Equity Contributions. For purposes of determining compliance with Section 7.1 only (and not any other provision of this Agreement, including any such other provision that utilizes a calculation of Consolidated EBITDA7.1(a), any cash equity contribution (other than in respect of Disqualified Capital Stock) made by Holdings or any Stock of the other direct or indirect equityholders of Borrower), made to the Borrower to or Parent, as the Borrowercase may be, on or after the Closing Date and on or prior to the day that is 10 thirty (30) Business Days after the day on which financial statements are required to be delivered for such a fiscal quarter pursuant to Section 6.1 shallwill, at the request of the Borrower, be deemed to increase, dollar for dollar, included in the calculation of Consolidated EBITDA for such fiscal quarter for the purposes of determining compliance with Section 7.1 such financial covenant at the end of such fiscal quarter and applicable subsequent periods (it being understood that each such contribution shall be effective as to such fiscal quarter for all periods in which such fiscal quarter is included) (any such equity contribution so included in the calculation of Consolidated EBITDA, a “Specified Equity Contribution”); provided that (a) in each four fiscal quarter period period, there shall be a period of at least three two fiscal quarters in respect of which no Specified Equity Contribution is made, made and (b) all Specified Equity Contributions shall be disregarded for any purpose under any Loan Document other than determining compliance with Section 7.1(a). If, after the amount making of any the Specified Equity Contribution shall be no greater than and the amount required recalculations of Consolidated EBITDA pursuant to cause the preceding paragraph, the Borrower to shall then be in compliance with the requirements of Section 7.1,7.1(a), the Borrower shall be deemed to have satisfied the requirements of such covenant as of the relevant date of determination with the same effect as though there had been no failure to comply therewith at such date, and the applicable Event of Default that had occurred shall be deemed cured.