Examples of ECF Payment Date in a sentence

If the Original ECF Amount exceeds the Adjusted ECF Amount, then on the ECF Payment Date for the next succeeding fiscal year, the Excess Cash Flow Payment due for such next succeeding fiscal year shall be reduced by an amount equal to the lesser of (1) the resulting decrease in the amount of Excess Cash Flow Payment if such payment had been calculated based on the Adjusted ECF Amount or (2) 15% of EBITDA for such fiscal year.
Each Lender may reject all or a portion of its Pro Rata Share of an ECF Payment (such declined amounts, the “Declined ECF Proceeds”) of Term Loans required to be made pursuant to this Section 2.3(f)(iii) by providing written notice (each, a “Rejection Notice”) to the Agent and Borrower no later than 5:00 p.m. five (5) Business Days prior to the ECF Payment Date.
If the Adjusted ECF Amount exceeds the Original ECF Amount, then on the ECF Payment Date for the next succeeding fiscal year, Borrower shall make an additional prepayment to Bank in an amount equal to the lesser of (1) the resulting increase in the Excess Cash Flow Payment if such payment had been calculated based on the Adjusted ECF Amount or (2) 15% of EBITDA for such fiscal year.
At least ten (10) Business Days prior to an ECF Payment Date (regardless of whether a mandatory prepayment is required pursuant to this Section 2.3(f)(iii)) Borrower shall provide Agent with a certificate in the form set forth in Exhibit E attached hereto (an “Excess Cash Flow Certificate”) signed by the chief executive officer, president or chief financial officer of Borrower certifying the manner in which Excess Cash Flow and the resulting ECF Payment, if any, were calculated by the Borrower.
On the ECF Payment Date of each year (if applicable), Borrower shall make an additional principal payment equal to fifty (50%) percent of the Excess Cash Flow (this additional payment will be applied to the most remote payment of principal due under this Agreement).

More Definitions of ECF Payment Date

ECF Payment Date as defined in Section 2.14(d). “ECF Percentage” as defined in Section 2.14(d).

ECF Payment Date has the meaning specified in Section 2.08(b)(iv). “Effective Date” means the date this Agreement becomes effective in accordance with Section 10.11. “Eligible Assignee” means (i) any Lender, any Affiliate of any Lender and any Approved Fund (any two or more Approved Funds being treated as a single Eligible Assignee for all purposes hereof), and (ii) any commercial bank, insurance company, investment or mutual fund or other entity that is an “accredited investor” (as defined in Regulation D under the Securities Act) and which extends credit or purchases loans in the ordinary course of business; provided that neither any natural person nor any Loan Party or any Affiliate thereof, nor any Defaulting Lender or any Ineligible Assignee shall be an Eligible Assignee. “Employee Benefit Plan” means any “employee benefit plan” as defined in Section 3(3) of ERISA which is or was subject to Title I of ERISA and which is or was sponsored, maintained or contributed to by, or required to be contributed by, the Borrower, Holdings, the Restricted Subsidiaries or any of their ERISA Affiliates. “Engagement Letter” means that certain Engagement Letter dated as of November 2, 2012 by and among the Borrower, the Lead Arrangers and the Co-Syndication Agents. “Environmental Claim” means any investigation, notice, notice of violation, claim, action, suit, proceeding, demand, abatement order or other order or directive, by any Governmental Authority or any other Person (other than internal reports prepared by any Loan Party or any of its Subsidiaries), arising (i) pursuant to or in connection with any actual or alleged violation of any Environmental Law or (ii) in connection with any actual or alleged damage, injury, threat or harm to health, safety, natural resources or the environment. “Environmental Laws” means any and all Laws relating to the protection of the environment or, to the extent relating to exposure to Hazardous Materials, human health or safety, in any manner applicable to Holdings or any of its Subsidiaries or any Complex. “Equity Interests” of any person means any and all shares, interests, rights to purchase or otherwise acquire, warrants, options, participations or other equivalents of or interests in (however designated) equity or ownership of such person, including any preferred stock, any limited or general partnership interest and any limited liability company membership interest, and any securities or other rights or interests convertible into or exchangeab...

ECF Payment Date has the meaning specified in Section 2.8(a). “EEA Financial Institution” means (a) any credit institution or investment firm established in any EEA Member Country which is subject to the supervision of an EEA Resolution Authority, (b) any entity established in an EEA Member Country which is a parent of an institution described in clause (a) of this definition, or (c) any financial institution established in an EEA Member Country which is a subsidiary of an institution described in clauses (a) or (b) of this definition and is subject to consolidated supervision with its parent. “EEA Member Country” means any of the member states of the European Union, Iceland, Liechtenstein and Norway. “EEA Resolution Authority” means any public administrative authority or any person entrusted with public administrative authority of any EEA Member Country (including any delegee) having responsibility for the resolution of any EEA Financial Institution. “Electronic Transmission” means each document, instruction, authorization, file, information and any other communication transmitted, posted or otherwise made or communicated by e-mail or E-Fax, or otherwise to or from an E-System or other equivalent service. “Eligible Assignee” means (a) any Lender, (b) any commercial bank, insurance company, finance company, financial institution, any fund that invests in loans or any other “accredited investor” (as defined in Regulation D of the Securities Act), (c) any Affiliate of any Lender, (d) any Approved Fund of any Lender and (e) to the extent permitted under Section 11.2, any Affiliated Lender; provided that, in any event, “Eligible Assignee” shall not include (i) any natural person or (ii) any Disqualified Lender. “Eligible Equity Proceeds” means the sum, without duplication, of (a) (i) the cash proceeds received by the U.S. Borrower or any of its Restricted Subsidiaries after the Closing Date from any sale or issuance of any Stock or Stock Equivalents (other than Disqualified Stock) by the U.S. Borrower or any of its Restricted Subsidiaries or Stock or Stock Equivalents of Holdings or any parent thereof or from any equity contributions in respect of Stock or Stock Equivalents (other than Disqualified Stock) of the U.S. Borrower or any of its Restricted Subsidiaries or Stock or Stock Equivalents of Holdings or any parent thereof (for the avoidance of doubt, in the case of any such sale, issuance or contribution in respect of Stock or Stock Equivalents of Holdings or any parent th...

ECF Payment Date means June 1, 2022, and each anniversary thereof thereafter.

ECF Payment Date definition

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