Cumulative Retained Consolidated Excess Cash Flow Amount means, at any time, an amount, not less than zero in the aggregate, determined on a cumulative basis equal to the aggregate cumulative sum of the Retained Percentage of Consolidated Excess Cash Flow for all Consolidated Excess Cash Flow Periods ending after the Closing Date and prior to such date.
Cumulative Retained Consolidated Excess Cash Flow Amount means, on any date of determination, an amount, not less than zero in the aggregate, determined on a cumulative basis equal to the aggregate cumulative sum for all Consolidated Excess Cash Flow Periods ending after the Closing Date and prior to such date of (i)(a) the Retained Percentage for each Consolidated Excess Cash Flow Period multiplied by (b) the Consolidated Excess Cash Flow for such Consolidated Excess Cash Flow Period, less (ii) any Cumulative Retained Consolidated Excess Cash Flow Amounts previously used for payment of a Permitted Dividend.
Cumulative Retained Consolidated Excess Cash Flow Amount means, at any time, an amount, not less than zero in the aggregate, determined on a cumulative basis equal to the sum of (i) the aggregate cumulative sum of the Retained Percentage of Consolidated Excess Cash Flow and (ii) the aggregate cumulative sum of the ECF Prepayment Amounts below the ECF Prepayment Threshold for all Consolidated Excess Cash Flow Periods ending after the Closing Date and prior to such date. “Debtor Relief Law” means the Bankruptcy Code, and all other liquidation, conservatorship, bankruptcy, assignment for the benefit of creditors, moratorium, rearrangement, receivership, insolvency, reorganization, or similar debtor relief laws of the United States or other applicable jurisdictions from time to time in effect and affecting the rights of creditors generally. “Declined Proceeds” has the meaning set forth in Section 2.13(g). “Default” means a condition or event that constitutes an Event of Default or that, after notice or lapse of time or both, would constitute an Event of Default. “Default Rate” means the applicable rate of interest payable pursuant to Section 2.09. “Default Right” has the meaning assigned to that term in, and shall be interpreted in accordance with, 12 C.F.R. §§ 252.81, 47.2 or 382.1, as applicable. “Defaulting Lender” means, subject to Section 2.21(b), any Lender that, (a) has refused (which refusal may be given verbally or in writing and has not been retracted) or failed to perform any of its funding obligations hereunder, including in respect of its Loans or participations in respect of L/C Obligations or Swing Line Loans, which refusal or failure is not cured within two (2) Business Days after the date of such refusal or failure (unless such Xxxxxx’s refusal or failure to fund is based on such Xxxxxx’s good faith determination that a condition precedent to funding cannot be or has not been satisfied), (b) has notified the Borrower Representative, Administrative Agent or any Issuing Bank or the Swing Line Lender that it does not intend to comply with its funding obligations or has made a public statement to that effect with respect to its funding obligations hereunder (unless such Xxxxxx’s refusal or failure to fund is based on such Xxxxxx’s good faith determination that a condition precedent to funding cannot be or has not been satisfied) or under other agreements in which it commits to extend credit, (c) has failed, within three (3) Business Days after request by Administrative Agent, to confirm in a manner reas...