Excess Cash Flow Prepayment Amount has the meaning provided in Section 2.13(c)(iv).
Excess Cash Flow Prepayment Amount means, for any applicable Fiscal Year, the Excess Cash Flow with respect to such Fiscal Year multiplied by 50% (subject to the adjustment provided in Section 5.2.5), provided that if the Excess Cash Flow with respect to any applicable Fiscal Year is less than US$25,000,000 as confirmed by the applicable Excess Cash Flow Certificate, then the Excess Cash Flow Prepayment Amount for such Fiscal Year shall be $0.
Excess Cash Flow Prepayment Amount an amount, measured as of any Excess Cash Flow Determination Date, commencing with December 31, 2019, equal to 100% of Consolidated Excess Cash Flow for the most recently ended four fiscal quarter period of the Borrower ending on such date.
Examples of Excess Cash Flow Prepayment Amount in a sentence
On June 15, 2006, and on June 15 of each following year, the Company shall prepay Securities in a principal amount equal to the product of (i) the Prepayment Percentage multiplied by (ii) the Excess Cash Flow Prepayment Amount for the preceding fiscal year, if any.
Concurrently with any prepayment of the Term Loans pursuant to Sections 2.11(a) through Section 2.11(f), the Borrower shall deliver to the Administrative Agent a certificate of a Responsible Officer of the Borrower demonstrating the calculation of the amount of the applicable Net Cash Proceeds or Excess Cash Flow Prepayment Amount, as the case may be.
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Concurrently with any prepayment of the Term Loans pursuant to Sections 2.15(a) through 2.15(d), the Borrower shall deliver to the Administrative Agent a certificate of a Responsible Officer of the Borrower demonstrating the calculation of the amount of the applicable Net Cash Proceeds or Excess Cash Flow Prepayment Amount, as the case may be.
Concurrently with any prepayment of the Term Loans pursuant to Sections 2.15(a) through 2.15(d), the Borrower shall deliver to the Administrative Agent for distribution to the Lenders a certificate of a Responsible Officer of the Borrower demonstrating the calculation of the amount of the applicable Net Cash Proceeds or Excess Cash Flow Prepayment Amount, as the case may be.
More Definitions of Excess Cash Flow Prepayment Amount
Excess Cash Flow Prepayment Amount has the meaning provided in Section 5.1(c)(iv).
Excess Cash Flow Prepayment Amount means an amount equal to (i) 50% of Excess Cash Flow for each full fiscal year of the Borrower ending after the Closing Date and for which the Borrower has delivered the annual financial statements required by Section 5.01(a), and computed on a cumulative consolidated basis, less (ii) the amount of all prepayments, redemptions and repurchases of Senior Notes made in reliance on the provisions of Section 6.09(ii)(C)(1); provided that prepayments, redemptions and repurchases made pursuant to Section 6.09(ii)(C) shall be deemed to be made in reliance on Section 6.09(ii)(C)(1) until such amount is utilized in full, and thereafter shall be deemed to be made in reliance on Section 6.09(ii)(C)(2).
Excess Cash Flow Prepayment Amount means, (a) on any Calculation Date if no Control Event exists, all amounts on deposit in the Revenue Accounts on such Calculation Date, minus (i) Debt Service then due and owing and (ii) Excluded Cash Amounts, as determined for such Calculation Date; and (b) on any Calculation Date during the continuance of a Control Event, all amounts on deposit in the Revenue Account and the Control Account on such Calculation Date after giving effect to Section 4.2(f)(i) - (v) of the Collateral Trust Indenture on such Calculation Date, minus Excluded Cash Amounts, as determined for such Calculation Date.
Excess Cash Flow Prepayment Amount means, for any period, (i) 50% of Excess Cash Flow for such period minus (ii) the aggregate principal amount of Term Loans prepaid during such period pursuant to Section 2.09 (exclusive of the portion thereof credited against scheduled amortization in forward order of maturity).
Excess Cash Flow Prepayment Amount equal to (A) the percentage of the Excess Cash Flow for such fiscal year computed in accordance with the table set forth below based on the Leverage Ratio as of the end of such fiscal year, less (B) the aggregate amount of any Loans prepaid pursuant to Section 2.13(a) (including any prepayments of Revolving Loans, to the extent any Revolving Commitments have been permanently reduced pursuant to Section 2.12(c)) during such fiscal year or during the period after such fiscal year but prior to the Excess Cash Flow Sweep Date (provided, that such amounts prepaid during the period after such fiscal year but prior to the Excess Cash Flow Sweep Date may not be deducted in calculating the Excess Cash Flow Prepayment Amount for the fiscal year during which such amounts were actually prepaid), with such amount to be applied as set forth in Section 2.13(d) below, provided, however that in respect of the fiscal year of the Borrower ended December 31, 2012, the Excess Cash Flow Prepayment Amount shall be equal to (X) percentage of the Excess Cash Flow (determined for the period commencing on April 1, 2012 and ending on December 31, 2012) computed in accordance with the table set forth below based on the Leverage Ratio as of the end of such fiscal year, less (Y) the aggregate amount of any Loans prepaid pursuant to Section 2.13(a) (including any prepayments of Revolving Loans, to the extent any Revolving Commitments have been permanently reduced pursuant to Section 2.12(c)) during such fiscal year or during the period after such fiscal year but prior to the Excess Cash Flow Sweep Date (provided, that such amounts prepaid during the period after such fiscal year but prior to the Excess Cash Flow Sweep Date may not be deducted in calculating the Excess Cash Flow Prepayment Amount for the fiscal year during which such amounts were actually prepaid), with such amount to be applied as set forth in Section 2.13(d) below: Leverage Ratio Percentage of Excess Cash Flow Greater than 2.50 to 1.00 50 % Less than or equal to 2.50 to 1.00 0 %
Excess Cash Flow Prepayment Amount has the meaning assigned to such term in Section 2.11(d). “Exchange Act” means the United States Securities Exchange Act of 1934, as amended from time to time. “Excluded Assets” means (a) any fee-owned real property that is not Material Real Property, all leasehold (including ground lease) interests in real property (including requirements to deliver landlord lien waivers, bailee letters, estoppels and collateral access letters) and any fixtures affixed to any real property to the extent (x) such real property does not constitute Collateral and (y) a security interest in such fixtures may not be perfected by a UCC-1 financing statement in the jurisdiction of organization of the applicable Borrower or Subsidiary Loan Party, (b) motor vehicles, airplanes, vessels and other assets subject to certificates of title or ownership to the extent a Lien thereon cannot be perfected by the filing of a UCC financing statement, (c) letter of credit rights (except to the extent constituting supporting obligations (as defined under the UCC) in which a security interest can be perfected with the filing of a UCC-1 financing statement), (d) commercial tort claims with a value of less than $10,000,000 in the aggregate and commercial tort claims for which no complaint or counterclaim has been filed in a court of competent jurisdiction, (e) Equity Interests in any Person (other than the Borrower or any of its Wholly Owned Domestic Restricted Subsidiaries) to the extent (but only for so long as) the pledge thereof to the Administrative Agent is not permitted by the terms of such Person’s organizational or joint venture documents or would require the consent of one or more third parties (other than a Loan Party or a Subsidiary thereof) that has not been obtained (after giving effect to the applicable anti-assignment provisions of the UCC or other Requirements of Law), (f) voting Equity Interests constituting an amount greater than 65% of the total voting Equity Interests of any Subsidiary that is a CFC or a FSHCO and that is owned directly by a Loan Party, (g) any assets to the extent the creation or perfection of pledges thereof, or security interests therein, would reasonably be expected to result in material adverse tax consequences to the Borrower or its Restricted Subsidiaries, as reasonably determined by the Borrower in consultation with the Administrative Agent, (h) any lease, license or other agreement or any property subject thereto, governmental approval or franchise wi...
Excess Cash Flow Prepayment Amount has the meaning specified in Section 2.05(b)(i). “Exchange Act” means the Securities Exchange Act of 1934. -31- #95982248v17