Examples of Equity Cure Right in a sentence
For the avoidance of doubt, it is agreed and understood that if the amount required to cure any Financial Covenant Default exceeds the greater of $4,000,000 or 10% of pro forma EBITDA, the Equity Cure Right will not cure such Financial Covenant Default.
For the avoidance of doubt, to the extent that the Borrower Representative exercises the Equity Cure Right, no Loan Party or Subsidiary thereof shall be permitted to make cash payments in respect of the Second Lien Term Loan Agreement or to incur any new Indebtedness, and/or to make any Restricted Payments pursuant to Sections 5.10(e) or (f) or Investments pursuant to Section 5.4(i) for the subsequent twelve (12) calendar months.
If the Cash Contribution has not been received during the Initial Cure Period, Borrowers shall note on the Compliance Certificate delivered to Bank at the end of the Initial Cure Period that Borrowers have elected to exercise the Equity Cure Right and intend to receive the Cash Contribution during the Extended Cure Period, and shall notify Bank within one Business Day following receipt of such Cash Contribution, but in any event no later than the end of the Extended Cure Period.
If after the date (if any) on which the Equity Cure Right is attempted/exercised, another Financial Covenant Trigger Date occurs, no equity cure shall be permitted and Borrower shall, at all times thereafter, be in compliance with Section 5.10(a) set forth above.
If Borrower wishes to exercise the Equity Cure Right, it shall notify Bank as soon as possible, but no later than five (5) Business Days after the first occurrence of a Financial Covenant Trigger Date.