Examples of ECF Payment in a sentence
Section 13.16 “Q2 ECF Payment Amount” ...............................................................
Section 3.08(a)(1) “Q4 ECF Payment Amount” ...............................................................
Payments The Debtors and the Supporting Term Lenders (as defined in the Joinder Agreement and RSA) agree to settle under Rule 9019 of the Federal Rules of Bankruptcy Procedure their dispute with respect to the amount and manner of payment of the excess cash flow payment required to be made to the term lenders under the Existing Credit Agreement for fiscal year 2020 (the “2020 ECF Payment”; such settlement, the “2020 ECF Payment Settlement”).
Contractor agrees to perform all work in accordance with the written specifications and in compliance with the published standards established by the Indiana Department of Transportation (INDOT) all of which are herein incorporated by reference.
The 2020 ECF Payment Settlement shall provide the Debtors, and the Supporting Term Lenders agree, that the Debtors shall satisfy their obligation to make the 2020 ECF Payment with a payment in cash in the amount of $114 million to be made solely to the term lenders under the Existing Credit Agreement for application against the term loans under the Existing Credit Agreement.
To the extent the Debtors do not receive such authorization, the Debtors shall pay the term lenders the 2020 ECF Payment plus accrued interest thereon at the Adjusted LIBO Rate plus 250 basis points plus Applicable Margin (as defined in the Existing Credit Agreement) (the “Adjusted Interest Rate”) on the Plan Effective Date of the Plan (to the extent unpaid after account for adequate protection payments) in accordance with the proposed treatment of First Lien Term Loan Claims described above.
Prior to an Event of Default under Sections 11.1(a) or (j), the Agent agrees that it shall not enforce any setoff rights with respect to amounts on deposit in the ECF Payment Account and the Note Proceeds Account.
The Agent and the Lenders hereby waive the Notice of Loan Prepayment required under Section 2.05(b)(x) with respect to payment of the Unpaid ECF Payment, and each Lender confirms that it will not exercise its right under Section 2.05(b)(xii) to reject its pro rata share of the Unpaid ECF Payment.
In the event that any calculation of any ECF Payment Amount or the amount of Net Cash Proceeds is inaccurate and such inaccuracy, if corrected, would have led to a payment obligation under Section 5.1(b) (after giving effect to all credits and threshold amounts thereunder), the Borrower shall within fifteen (15) days after the discovery of such inaccuracy, cause an amount equal to such shortfall to be offered for prepayment pursuant to Section 5.1(b), as applicable.
Conditions Precedent to each Borrowing Date 48 6.01 No Default; Representations and Warranties 48 6.02 Consents 48 6.03 Refund Guarantees 48 6.04 ECF Payment 49 6.05 Fees, Costs, etc.