Examples of Covenant Cure Payment in a sentence
For the avoidance of doubt, the amount of any Covenant Cure Payment made in accordance with the terms of this Section 7.7 shall be deemed to increase EBITDAX by a like amount for purposes of calculating the Leverage Ratio for the relevant fiscal quarter.
Except in connection with a Financial Covenant Cure Payment, in which case the Borrower shall at any time be permitted to voluntarily prepay the principal of the Term Loan to the extent of such Financial Covenant Cure Payment, the Borrower shall not be permitted to voluntarily prepay the principal of the Term Loan, in whole or in part, until July 25, 2006.
Each prepayment made pursuant to this clause (b)(ii) and any prepayment made as a result of a Financial Covenant Cure Payment shall be accompanied by the payment of (A) accrued interest to the date of such payment on the amount prepaid and (B) the Applicable Prepayment Premium, if any, payable in connection with such prepayment of the Term Loan.
For the avoidance of doubt, the amount of any Covenant Cure Payment made in accordance with the terms of this Section 7.02 shall be deemed to increase EBITDA by a like amount for purposes of calculating the Leverage Ratio and the Interest Coverage Ratio for the relevant fiscal quarter but shall not, in any event, be subject to any annualization thereof.
Subject to the terms set forth above and the terms in clauses (b), (c) and (d) below, upon (x) application of the proceeds of such Covenant Cure Payment as provided in the immediately preceding sentence and (y) delivery of a Compliance Certificate executed by a Responsible Officer of the Borrower to the Administrative Agent reflecting compliance with Sections 6.20 and 6.21, such Events of Default shall be deemed cured and no longer in existence.
At any time that the Total Commitment exceeds $150,000,000, then on each date that a prepayment is required under Section 2.5(c)(v), the Total Commitment shall (subject to the last sentence of this clause (v)) be reduced by an amount equal to 50% of such required prepayment (or 100% of such required prepayment if such prepayment is also a Covenant Cure Payment).
Subject to the terms set forth above and the terms in clauses (b) and (c) below, upon (x) application of the proceeds of such Covenant Cure Payment as provided in the immediately preceding sentence and (y) delivery of a Compliance Certificate executed by a Responsible Officer of the Borrower to the Administrative Agent reflecting compliance with Section 6.16 or Section 6.17, as applicable, such Events of Default shall be deemed cured and waived and no longer in existence.
For the avoidance of doubt, the full amount of the Covenant Cure Payment (including any portion thereof that was necessary to round up to the nearest $1,000,000) shall be used in calculating the applicable covenant compliance as provided in this Section 7.7. However, the amount of the Covenant Cure Payment itself shall not be multiplied in the manner provided in the last sentence of the definition of “EBITDA” regardless whether such calculation is for such Cured Quarter or any subsequent Test Period.
For the avoidance of doubt, the amount of any Covenant Cure Payment made in accordance with the terms of this Section 7.02 shall be deemed to increase EBITDA by a like amount for purposes of calculating the Total Leverage Ratio for the relevant fiscal quarter.
For the avoidance of doubt, the amount of any Covenant Cure Payment made in accordance with the terms of this Section 10.03 shall be deemed to increase EBITDAX by a like amount for purposes of calculating the Leverage Ratio for the relevant fiscal quarter.