Specified Litigation Liabilities Sample Clauses

Specified Litigation Liabilities. (a) Make any settlement or judgment payment, including legal fees and expenses, with respect to the Specified Litigation Liabilities, other than Excluded Claim Payments, unless: (a) the first $30,000,000 of such payments are made from the Special Escrow Account, (b) after giving effect to such payment (other than payments made from the Special Escrow Account), the sum of (1) unrestricted cash and Cash Equivalents of Borrower and its Restricted Subsidiaries plus (2) the Available Revolving Credit Commitments shall equal or exceed $10,000,000 and (c) after giving effect to such payment (other than payments made from the Special Escrow Account), the Consolidated Total Net Leverage Ratio shall not exceed the Consolidated Total Net Leverage Ratio as of the Closing Date. (b) Agree to any amendments to the terms of the Special Escrow Agreement that would be materially adverse to the Lenders in their capacities as Lenders (it being understood that using the Special Escrow Account as collateral for any purpose other than making payments in connection with the Specified Litigation Liabilities shall be materially adverse to the Lenders).