Common use of Borrower’s Right to Cure Clause in Contracts

Borrower’s Right to Cure. (a) Notwithstanding anything to the contrary contained in Section 8.01, if the Parent Borrower determines that an Event of Default under Section 7.01 has occurred or may occur with respect to any Test Period, during the period commencing after the beginning of the last Fiscal Quarter included in such Test Period and ending ten (10) Business Days after the date on which financial statements are required to be delivered hereunder with respect to the last Fiscal Quarter in such Test Period (the last day of such period being the “Anticipated Cure Deadline”), a Specified Equity Contribution may be made to the Parent Borrower, and the amount of the Net Proceeds thereof shall be deemed to increase Adjusted EBITDA with respect to such applicable Test Period; provided that such Net Proceeds (i) are actually received by the Parent Borrower as cash common equity (including through capital contribution of such Net Proceeds to the Parent Borrower) during the period commencing after the beginning of the last Fiscal Quarter included in such Test Period by the Parent Borrower and ending on the Anticipated Cure Deadline and (ii) are Not Otherwise Applied. The parties hereby acknowledge that this Section 8.02(a) may not be relied on for purposes of calculating any financial ratios (including, without limitation, any ratios set forth in the definition of Applicable Rate) other than as set forth in the Financial Covenant and shall not result in any adjustment to any baskets, interest rates or other amounts other than the amount of the Adjusted EBITDA solely for the purpose of calculating the Financial Covenant.

Borrower’s Right to Cure. (a) Notwithstanding anything to the contrary contained in Section 8.01, if the Parent Borrower determines that an Event of Default under Section 7.01 the Financial Covenant has occurred or may occur with respect to any Test Period, during the period commencing after the beginning of the last Fiscal Quarter fiscal quarter included in such Test Period and ending ten (10) Business Days after the date on which financial statements are required to be delivered hereunder with respect to the last Fiscal Quarter fiscal quarter in such Test Period (the last day of such period being the “Anticipated Cure Deadline”), a Specified Equity Contribution may be made to the Parent BorrowerBorrower (a “Designated Equity Contribution”), and the amount of the Net Proceeds thereof shall be deemed to increase Adjusted EBITDA with respect to such applicable Test Period; provided that such Net Proceeds (i) are actually received by the Parent Borrower as cash common equity (including through capital contribution of such Net Proceeds to the Parent Borrower) during the period commencing after the beginning of the last Fiscal Quarter fiscal quarter included in such Test Period by the Parent Borrower and ending on the Anticipated Cure Deadline and (ii) are Not Otherwise Applied. The parties hereby acknowledge that this Section 8.02(a) may not be relied on for purposes of calculating any financial ratios (including, without limitation, any ratios set forth in the definition of Applicable Rate) other than as set forth in the Financial Covenant and shall not result in any adjustment to any baskets, interest rates or other amounts other than the amount of the Adjusted EBITDA solely for the purpose of calculating the Financial Covenant.

Borrower’s Right to Cure. (a) Notwithstanding anything to the contrary contained in Section 8.01, if in the Parent event the Borrower determines that an Event of Default under Section 7.01 has occurred or may occur fails to comply with the Financial Performance Covenant with respect to a period of four consecutive fiscal quarters, then at any Test Period, during the period commencing time after the beginning end of the last Fiscal Quarter included in fiscal quarter (the “Cure Amount”) of such Test Period and ending ten period of four consecutive fiscal quarters until the expiration of the tenth (1010th) Business Days day after the date on which financial statements are required to be delivered hereunder with respect to the last Fiscal Quarter in such Test Period (the last day of such period being the “Anticipated Cure Deadline”)fiscal quarter hereunder, any Specified Holder may make a Specified Equity Contribution may be made to Holdings, and Holdings shall immediately contribute such amount to the Parent Borrower, and . The Borrower may apply the amount of the Net Cash Proceeds thereof shall be deemed received by the Borrower to increase Adjusted Consolidated EBITDA with respect to such applicable Test Periodquarter; provided that such Net Cash Proceeds (i) are actually received by the Parent Borrower as cash common equity (including through capital contribution of such Net Cash Proceeds by Holdings to the Parent Borrower) during the period commencing no later than ten (10) days after the beginning of the last Fiscal Quarter included in date on which financial statements are required to be delivered with respect to such Test Period by the Parent Borrower and ending on the Anticipated Cure Deadline fiscal quarter hereunder and (ii) are Not Otherwise Applieddo not exceed the aggregate amount necessary for purposes of complying (by addition to Consolidated EBITDA) with the Financial Performance Covenant for such period. The parties hereby acknowledge and agree that notwithstanding anything to the contrary contained elsewhere in this Agreement, this Section 8.02(a8.04(a) (and any Specified Equity Contribution or the proceeds thereof) may not be relied on for purposes of calculating any financial ratios (including, without limitation, any ratios set forth in the definition of Applicable Rate) other than as set forth in applicable to the Financial Performance Covenant for purposes of increasing Consolidated EBITDA as provided herein) or any available basket or thresholds under this Agreement and shall not result in any adjustment to any baskets, interest rates amounts or other amounts calculations other than the amount of the Adjusted Consolidated EBITDA solely for referred to in the purpose of calculating the Financial Covenantimmediately preceding sentence.

Borrower’s Right to Cure. (a) Notwithstanding anything to the contrary contained in Section 8.01, if the Parent Borrower determines that an Event of Default under Section 7.01 the Financial Covenant has occurred or may occur with respect to any Test Period, during the period commencing after the beginning of the last Fiscal Quarter fiscal quarter included in such Test Period and ending ten (10) Business Days after the date on which financial statements are required to be delivered hereunder with respect to 165 the last Fiscal Quarter fiscal quarter in such Test Period (the last day of such period being the “Anticipated Cure Deadline”), a Specified Equity Contribution may be made to the Parent Borrower(a “Designated Equity Contribution”), and the amount of the Net Proceeds thereof shall be deemed to increase Adjusted EBITDA with respect to such applicable Test Period; provided that such Net Proceeds (i) are actually received by the Parent Borrower as cash common equity (including through capital contribution of such Net Proceeds to the Parent BorrowerParent) during the period commencing after the beginning of the last Fiscal Quarter fiscal quarter included in such Test Period by the Parent Borrower and ending on the Anticipated Cure Deadline and (ii) are Not Otherwise Applied. The parties hereby acknowledge that this Section 8.02(a) may not be relied on for purposes of calculating any financial ratios (including, without limitation, any ratios set forth in the definition of Applicable Rate) other than as set forth in the Financial Covenant and shall not result in any adjustment to any baskets, interest rates or other amounts other than the amount of the Adjusted EBITDA solely for the purpose of calculating the Financial Covenant.

Borrower’s Right to Cure. (a) Notwithstanding anything to the contrary contained in Section 8.01, if the Parent Borrower determines that an Event of Default under Section 7.01 the Financial Covenant has occurred or may occur with respect to any Test Period, during the period commencing after the beginning of the last Fiscal Quarter fiscal quarter included in such Test Period and ending ten (10) Business Days after the date on which financial statements are required to be delivered hereunder with respect to the last Fiscal Quarter fiscal quarter in such Test Period (the last day of such period being the “Anticipated Cure Deadline”), a Specified Equity Contribution may be made to the Parent BorrowerBorrower (a “Designated Equity Contribution”), and the amount of the Net Proceeds thereof shall be deemed to increase Adjusted EBITDA with respect to such applicable Test Period; provided that such Net Proceeds (i) are actually received by the Parent Borrower as cash common equity (including through capital contribution of such Net Proceeds to the Parent Borrower) during the period commencing after the beginning of the last Fiscal Quarter fiscal quarter included in such Test Period by the Parent Borrower and ending on the Anticipated Cure Deadline and (ii) are Not Otherwise Applied. The parties hereby acknowledge that this Section 8.02(a) may not be relied on for purposes of calculating any financial ratios (including, without limitation, any ratios set forth in the definition of Applicable Rate) other than as set forth in the Financial Covenant and shall not result in any adjustment to any baskets, interest rates or other amounts other than the amount of the Adjusted EBITDA solely soley for the purpose of calculating the Financial Covenant.. 158

Borrower’s Right to Cure. (a) Notwithstanding anything to the contrary contained in Section 8.01, if the Parent Borrower determines that an Event of Default under Section 7.01 the Financial Covenant has occurred or may occur with respect to any Test Period, during the period commencing after the beginning of the last Fiscal Quarter fiscal quarter included in such Test Period and ending ten (10) Business Days after the date on which financial statements are required to be delivered hereunder with respect to the last Fiscal Quarter fiscal quarter in such Test Period (the last day of such period being the “Anticipated Cure Deadline”), a Specified Equity Contribution may be made to the Parent BorrowerBorrower (a “Designated Equity Contribution”), and the amount of the Net Proceeds thereof shall be deemed to increase Adjusted EBITDA with respect to such applicable Test Period; provided that such Net Proceeds (i) are actually received by the Parent Borrower as cash common equity (including through capital contribution of such Net Proceeds to the Parent Borrower) during the period commencing after the beginning of the last Fiscal Quarter fiscal quarter included in such Test Period by the Parent Borrower and ending on the Anticipated Cure Deadline and (ii) are Not Otherwise Applied. The parties hereby acknowledge that this Section 8.02(a) may not be relied on for purposes of calculating any financial ratios (including, without limitation, any ratios set forth in the definition of Applicable Rate) other than as set forth in the Financial Covenant and shall not result in any adjustment to any baskets, interest rates or other amounts other than the amount of the Adjusted EBITDA solely soleysolely for the purpose of calculating the Financial Covenant.

Borrower’s Right to Cure. (as) Notwithstanding anything to the contrary contained in Section 8.01, if in the Parent event the Borrower determines that an Event of Default under Section 7.01 has occurred or may occur fails to comply with the Financial Performance Covenant with respect to a period of four consecutive fiscal quarters, then at any Test Period, during the period commencing time after the beginning end of the last Fiscal Quarter included in fiscal quarter (the “Cure Amount”) of such Test Period and ending ten period of four consecutive fiscal quarters until the expiration of the tenth (1010th) Business Days day after the date on which financial statements are required to be delivered hereunder with respect to the last Fiscal Quarter in such Test Period (the last day of such period being the “Anticipated Cure Deadline”)fiscal quarter hereunder, any Specified Holder may make a Specified Equity Contribution may be made to Holdings, and Holdings shall immediately contribute such amount to the Parent Borrower, and . The Borrower may apply the amount of the Net Cash Proceeds thereof shall be deemed received by the Borrower to increase Adjusted Consolidated EBITDA with respect to such applicable Test Periodquarter; provided that such Net Cash Proceeds (i) are actually received by the Parent Borrower as cash common equity (including through capital contribution of such Net Cash Proceeds by Holdings to the Parent Borrower) during the period commencing no later than ten (10) days after the beginning of the last Fiscal Quarter included in date on which financial statements are required to be delivered with respect to such Test Period by the Parent Borrower and ending on the Anticipated Cure Deadline fiscal quarter hereunder and (ii) are Not Otherwise Applieddo not exceed the aggregate amount necessary for purposes of complying (by addition to Consolidated EBITDA) with the Financial Performance Covenant for such period. The parties hereby acknowledge and agree that notwithstanding anything to the contrary contained elsewhere in this Agreement, this Section 8.02(a8.04(a) (and any Specified Equity Contribution or the proceeds thereof) may not be relied on for purposes of calculating any financial ratios (including, without limitation, any ratios set forth in the definition of Applicable Rate) other than as set forth in applicable to the Financial Performance Covenant for purposes of increasing Consolidated EBITDA as provided herein) or any available basket or thresholds under this Agreement and shall not result in any adjustment to any baskets, interest rates amounts or other amounts calculations other than the amount of the Adjusted Consolidated EBITDA solely for referred to in the purpose of calculating the Financial Covenantimmediately preceding sentence.