Examples of Retained Declined Proceeds in a sentence
Any Declined Proceeds remaining thereafter shall be retained by the Borrower (“Retained Declined Proceeds”); provided that in the case of any mandatory repayment of Term Loans required to be made pursuant to Section 5.2(a)(iii), any Declined Proceeds shall be reallocated and paid to the Term Loan Lenders that have not rejected such mandatory prepayment on a pro rata basis and shall not constitute Retained Declined Proceeds.
An amount equal to Retained Declined Proceeds may, to the extent permitted hereunder, be applied by the Borrower to prepay the loans under Second Lien Credit Agreement to the extent then outstanding and/or (at the Borrower’s election) Permitted Second Priority Refinancing Debt.
For the avoidance of doubt, the Company may apply any Retained Declined Proceeds in any manner not prohibited by this Indenture and such Retained Declined Proceeds shall in no event and under no circumstances constitute Excess Proceeds.
If any Excess Proceeds remain after consummation of an Asset Sale Offer (any such amount, “Retained Declined Proceeds”), the Issuer may use those Retained Declined Proceeds for any purpose not otherwise prohibited by this Indenture.
For the avoidance of doubt, Retained Declined Proceeds shall not be required to be used to make mandatory prepayments under this Section 5.5.