Common use of AHYDO Clause in Contracts

AHYDO. Notwithstanding anything to the contrary set forth in this Agreement and the Notes Documents, if at the end of any accrual period (as defined in Section 1272(a)(5) of the Code) ending after the fifth (5th) anniversary of the date on which a Note is issued, the amount of accrued but unpaid original issue discount and interest (as determined pursuant to the Code) exceeds the product of (x) the issue price (as defined in Sections 1273(b) and 1274(a) of the Code and the regulations promulgated thereunder) and (y) the yield to maturity (interpreted in accordance with Section 163(i) of the Code (the “Maximum Amount”), then interest for such accrual period shall not be deferred and all accrued but unpaid interest and original issue discount (as determined by pursuant to the Code) as of the end of such accrual period shall be paid in an amount not less than the amount required to reduce the accrued but unpaid original issue discount at the end of such period to an amount less than the Maximum Amount (the “AHYDO Interest Payment”). No partial prepayment of the Notes pursuant to any other provision of this Agreement or the other Notes Documents shall alter the obligation of the Issuer to make payments provided for in this Section. For the avoidance of doubt and notwithstanding anything to the contrary herein, this Section shall be construed so as to require payments to be made in cash and at such times and in such amounts so as to cause the Notes to not be treated as having been issued with “significant original issue discount” within the meaning of Section 163(i)(2) pursuant to the Code.

AHYDO. Notwithstanding anything to the contrary set forth contained elsewhere in this Agreement and Agreement, if (1) the Notes Documentsremain outstanding after the fifth anniversary of the initial issuance thereof and (2) the aggregate amount of the accrued but unpaid interest on the Notes (including any amounts treated as interest for federal income tax purposes, if at the end such as “original issue discount”) as of any accrual period Testing Date (as hereinafter defined) occurring after such fifth anniversary exceeds an amount equal to the Maximum Accrual (as hereinafter defined), then all such accrued but unpaid interest on the Notes (including any amounts treated as interest for federal income tax purposes, such as “original issue discount”) as of such time in excess of an amount equal to the Maximum Accrual shall be paid in cash by the Issuer to the holders of the Notes on such Testing Date, it being the intent of the parties hereto that the deductibility of interest under the Notes shall not be limited or deferred by reason of Section 163(i) of the Code. For these purposes, the “Maximum Accrual” is an amount equal to the product of the issue price (as defined in Code Sections 1273(b) and 1274(a)) of such Notes and their yield to maturity, and a “Testing Date” is any Interest Payment Date and the date on which any “accrual period” (within the meaning of Section 1272(a)(5) of the Code) ending after the fifth (5th) anniversary of closes. Any accrued interest that for any reason has not theretofore been paid shall be paid in full on the date on which the final principal payment on a Note is issued, the amount of accrued but unpaid original issue discount and interest (as determined pursuant to the Code) exceeds the product of (x) the issue price (as defined in Sections 1273(b) and 1274(a) of the Code and the regulations promulgated thereunder) and (y) the yield to maturity (interpreted in accordance with Section 163(i) of the Code (the “Maximum Amount”), then interest for such accrual period shall not be deferred and all accrued but unpaid interest and original issue discount (as determined by pursuant to the Code) as of the end of such accrual period shall be paid in an amount not less than the amount required to reduce the accrued but unpaid original issue discount at the end of such period to an amount less than the Maximum Amount (the “AHYDO Interest Payment”). No partial prepayment of the Notes pursuant to any other provision of this Agreement or the other Notes Documents shall alter the obligation of the Issuer to make payments provided for in this Section. For the avoidance of doubt and notwithstanding anything to the contrary herein, this Section shall be construed so as to require payments to be made in cash and at such times and in such amounts so as to cause the Notes to not be treated as having been issued with “significant original issue discount” within the meaning of Section 163(i)(2) pursuant to the Codemade.

AHYDO. Notwithstanding anything to the contrary set forth contained in this Agreement and the Notes Loan Documents, if at (i) any portion of the end Loans remains outstanding after the fifth anniversary of the initial incurrence thereof and (ii) the aggregate amount of the accrued but unpaid interest on such portion of the Loans (including any amounts treated as interest for federal income tax purposes, such as “original issue discount”) as of any accrual period AHYDO Testing Date (as defined hereinafter defined) occurring after such fifth anniversary exceeds an amount equal to the Maximum Accrual (as hereinafter defined), then all such accrued but unpaid interest on such portion of the Loans (including any amounts treated as interest for federal income tax purposes, such as “original issue discount”) as of such time in excess of an amount equal to the Maximum Accrual shall be paid in cash by Borrower on such AHYDO Testing Date, it being the intent of the parties hereto that the deductibility of interest under such portion of the Loans shall not be limited or deferred by reason of Section 1272(a)(5163(i) of the Internal Revenue Code) ending after , as amended (the fifth (5th) anniversary of the date on which a Note is issued“IRC”). As used herein, the “Maximum Accrual” is an amount of accrued but unpaid original issue discount and interest (as determined pursuant equal to the Code) exceeds the product of (x) the issue price (as defined in IRC Sections 1273(b) and 1274(a)) of the Code Loan and the regulations promulgated thereunder) and (y) the its yield to maturity (interpreted in accordance with as determined for purposes of Section 163(i) of the Code (the “Maximum Amount”IRC), then interest for such accrual period shall not be deferred and all accrued but unpaid interest and original issue discount (as determined by pursuant to the Code) as of the end of such accrual period shall be paid in an amount not less than the amount required to reduce the accrued but unpaid original issue discount at the end of such period to an amount less than the Maximum Amount (the a “AHYDO Interest Payment”). No partial prepayment of Testing Date” is any date on which interest is due and payable and the Notes pursuant to date on which any other provision of this Agreement or the other Notes Documents shall alter the obligation of the Issuer to make payments provided for in this Section. For the avoidance of doubt and notwithstanding anything to the contrary herein, this Section shall be construed so as to require payments to be made in cash and at such times and in such amounts so as to cause the Notes to not be treated as having been issued with “significant original issue discountaccrual period” (within the meaning of Section 163(i)(21272(a)(5) pursuant to of the CodeIRC) closes. Any accrued interest that, for any reason, has not theretofore been paid shall be paid in full on the date on which the final principal payment on the Loan or any portion thereof is made.

AHYDO. Notwithstanding anything to the contrary set forth contained in this Agreement and the Notes Loan Documents, if at (i) any portion of the end Loan remains outstanding after the fifth anniversary of the initial incurrence thereof and (ii) the aggregate amount of the accrued but unpaid interest on such portion of the Loan (including any amounts treated as interest for federal income tax purposes, such as “original issue discount”) as of any accrual period AHYDO Testing Date (as defined hereinafter defined) occurring after such fifth anniversary exceeds an amount equal to the Maximum Accrual (as hereinafter defined), then all such accrued but unpaid interest on such portion of the Loan (including any amounts treated as interest for federal income tax purposes, such as “original issue discount”) as of such time in excess of an amount equal to the Maximum Accrual shall be paid in cash by Borrower on such AHYDO Testing Date, it being the intent of the parties hereto that the deductibility of interest under such portion of the Loan shall not be limited or deferred by reason of Section 1272(a)(5163(i) of the Internal Revenue Code) ending after , as amended (the fifth (5th) anniversary of the date on which a Note is issued“IRC”). As used herein, the “Maximum Accrual” is an amount of accrued but unpaid original issue discount and interest (as determined pursuant equal to the Code) exceeds the product of (x) the issue price (as defined in IRC Sections 1273(b) and 1274(a)) of the Code Loan and the regulations promulgated thereunder) and (y) the its yield to maturity (interpreted in accordance with as determined for purposes of Section 163(i) of the Code (the “Maximum Amount”IRC), then interest for such accrual period shall not be deferred and all accrued but unpaid interest and original issue discount (as determined by pursuant to the Code) as of the end of such accrual period shall be paid in an amount not less than the amount required to reduce the accrued but unpaid original issue discount at the end of such period to an amount less than the Maximum Amount (the a “AHYDO Interest Payment”). No partial prepayment of Testing Date” is any date on which interest is due and payable and the Notes pursuant to date on which any other provision of this Agreement or the other Notes Documents shall alter the obligation of the Issuer to make payments provided for in this Section. For the avoidance of doubt and notwithstanding anything to the contrary herein, this Section shall be construed so as to require payments to be made in cash and at such times and in such amounts so as to cause the Notes to not be treated as having been issued with “significant original issue discountaccrual period” (within the meaning of Section 163(i)(21272(a)(5) pursuant to of the CodeIRC) closes. Any accrued interest that, for any reason, has not theretofore been paid shall be paid in full on the date on which the final principal payment on the Loan or any portion thereof is made.