Common use of Casualty Events Clause in Contracts

Casualty Events. Within five Business Days after any Net Proceeds are received by or on behalf of any Wireline Company in respect of any Casualty Event, the Borrower shall (subject to Section 2.10(j)) prepay Term Borrowings in an aggregate amount equal to such Net Proceeds; provided that, if the Borrower shall deliver to the Administrative Agent a certificate of a Financial Officer to the effect that (i) the Wireline Companies intend to apply the Net Proceeds from such event (or a portion thereof specified in such certificate), within 365 days after receipt of such Net Proceeds, to repair, restore or replace the property with respect to which such Net Proceeds were received or to acquire Replacement Assets, and (ii) any property acquired in connection with such application (whether as replacement property or Replacement Assets) will be included in the Collateral at least to the extent that the property to be replaced was included therein or shall be property of a Collateral Support Party, then no prepayment will be required pursuant to this subsection in respect of such Net Proceeds (or the portion of such Net Proceeds specified in such certificate, if applicable) except that, if any such Net Proceeds have not been so applied (or committed to be applied, except to the extent such Net Proceeds are not so applied within 365 days after such commitment) by the end of such 365-day period, a prepayment will be required at that time in an amount equal to the amount of such Net Proceeds that have not been so applied or committed to be so applied.

Casualty Events. Within five Business Days after any Net Proceeds are received by or on behalf of any Wireline Company in respect of any Casualty Event, the Borrower shall (subject to Section 2.10(j)) prepay Term Borrowings in an aggregate amount equal to such Net Proceeds; provided that, if the Borrower shall deliver to the Administrative Agent a certificate of a Financial Officer to the effect that (i) the Wireline Companies intend to apply all or a portion of the Net Proceeds from such event (or a portion thereof specified in such certificate)event, within 365 days 12 months after receipt of such Net Proceeds (or, if the applicable Wireline Company enters into a legally binding commitment to apply all or a portion of such Net Proceeds within such 12-month period, within 18 months following the receipt of such Net Proceeds), to repair, restore or replace the property with respect to which such Net Proceeds were received or to acquire Replacement Assets, and (ii) any property acquired in connection with such application (whether as replacement property or Replacement Assets) will be included in the Collateral at least to the extent that the property to be replaced was included therein or shall be property of a Collateral Support Party, then no prepayment will be required pursuant to this subsection in respect of such Net Proceeds (or the portion of such Net Proceeds specified in such certificateProceeds, if applicable) except that); provided, that if any all or a portion of such Net Proceeds have not been so applied within such 12-month period (or committed or, if the applicable Wireline Company has entered into a legally binding commitment to be applied, except to the extent apply such Net Proceeds are within such 12-month period, but has not so applied such Net Proceeds within 365 days after 18 months following such commitment) by the end of such 365-day periodreceipt), a prepayment will be required at that time in an amount equal to (A) the amount of such Net Proceeds that have not been so applied by the end of such 12-month period or (B) if such Net Proceeds were committed during such 12-month period to be applied but not so applied within 18 months following the receipt of such Net Proceeds, the amount of such Net Proceeds not so applied.

Casualty Events. Within Not later than five Business Days after following the receipt of any Net Cash Proceeds are received by from a Casualty Event, Borrower shall apply an amount equal to 100% of such Net Cash Proceeds to make prepayments in accordance with Sections 2.10(i) and (j); provided, however, that: (i) so long as no Default or Event of Default then exists or would arise therefrom, the Net Cash Proceeds thereof shall not be required to be so applied on behalf such date to the extent that Borrower has delivered an Officers’ Certificate to the Collateral Agent on or prior to such date stating that such proceeds shall be used (A) to fund the acquisition or repair of property or the acquisition of 100% of the Equity Interests of any Wireline Company person that owns property used or usable in the business of Borrower and the Subsidiaries or (B) to repair, replace or restore the property in accordance with the provisions of this Agreement and the applicable Security Document in respect of any which such Casualty Event, the Borrower shall (subject to Section 2.10(j)) prepay Term Borrowings in an aggregate amount equal to such Net ProceedsEvent has occurred; provided that, if in each case, the actions described in clauses (A) and (B) above are commenced by Borrower shall deliver to within 360 days following the Administrative Agent a certificate date of a Financial Officer to the effect that (i) the Wireline Companies intend to apply the Net Proceeds from such event (or a portion thereof specified in such certificate), within 365 days after receipt of such Net Proceeds, Cash Proceeds and are diligently pursued to repair, restore or replace satisfactory completion to the property with respect to which such Net Proceeds were received or to acquire Replacement Assets, and extent practicable in the good faith estimate of Borrower, (ii) to the extent such Casualty Event affects any of the Collateral, all property acquired to effect any repair, replacement or restoration of such Collateral shall be made subject to the Lien of the Security Documents in connection accordance with the provisions of Section 5.11, (iii) all such application (whether as replacement property or Replacement Assets) will Net Cash Proceeds in excess of $10.0 million in the aggregate for all such Casualty Events shall be included held in the Collateral at least to Account and released therefrom only in accordance with the extent that the property to be replaced was included therein terms of Article IX, and (iv) if all or shall be property of a Collateral Support Party, then no prepayment will be required pursuant to this subsection in respect of such Net Proceeds (or the any portion of such Net Cash Proceeds specified in such certificate, if applicable) except that, if any such Net Proceeds have shall not been so applied (or committed to be applied, except to the extent such Net Proceeds are not so applied within 365 days after such commitment) by the end of such 365360-day period, a prepayment will such unused portion shall be required at that time in an amount equal to applied on the amount last day of such Net Proceeds that have not been so applied or committed to be so appliedperiod as a mandatory prepayment as provided in this Section 2.10(f).

Casualty Events. Within five Not later than seven Business Days after following the receipt of any Net Cash Proceeds are received from a Casualty Event by Holdings or on behalf any of any Wireline Company in respect of any Casualty Eventits Subsidiaries, the Borrower shall make prepayments in accordance with Sections 2.10(h) and (subject to Section 2.10(j)i) prepay Term Borrowings in an aggregate amount equal to 100% of such Net Cash Proceeds; provided that: (i) so long as no Default shall then exist or arise therefrom, if such proceeds shall not be required to be so applied on such date to the extent that Borrower shall deliver have delivered an Officers' Certificate to the Administrative Agent a certificate on or prior to such date stating that such proceeds are expected to be used to repair, replace or restore any property in respect of a Financial Officer which such Net Cash Proceeds were paid or to reinvest in other fixed or capital assets, no later than 360 days following the effect that (i) the Wireline Companies intend to apply the Net Proceeds from such event (or a portion thereof specified in such certificate), within 365 days after date of receipt of such Net Proceedsproceeds; provided that so long as construction or other work to so replace, repair or restore has commenced within such 360-day period but has not been completed (and can reasonably be expected to repairbe completed pursuant to a written contract to be completed within 540 days of receipt), restore or replace any such remaining proceeds shall continue to not be required to be so applied so long as they are used to repay any outstanding Revolving Loans; provided further that if the property with respect subject to which such Net Proceeds were received or to acquire Replacement Assets, and (ii) any property acquired in connection with such application (whether as replacement property or Replacement Assets) will be included in Casualty Event constituted Collateral under the Collateral at least to the extent that the property to be replaced was included therein or shall be property of a Collateral Support PartySecurity Documents, then no prepayment will be required all property purchased with the Net Cash Proceeds thereof pursuant to this subsection shall be made subject to the Lien of the applicable Security Documents in respect favor of such Net Proceeds the Collateral Agent, for its benefit and for the benefit of the other Secured Parties in accordance with Sections 5.11 and 5.12; and (or the ii) if any portion of such Net Cash Proceeds specified in such certificate, if applicable) except that, if any such Net Proceeds have shall not been so applied (or committed to be applied, except to the extent such Net Proceeds are not so applied within 365 days after such commitment) by the end of such 365360-day period (or 540-day period, a prepayment will as applicable), such unused portion shall be required at that time in an amount equal to applied on the amount last day of such Net Proceeds that have not been so applied or committed to be so appliedperiod as a mandatory prepayment as provided in this Section 2.10(f).

Casualty Events. Within five Subject to the provisions of the First Lien Loan Documents as in effect on July 27, 2012 (or thereafter as such provisions may be modified in accordance with the Intercreditor Agreement), not later than three Business Days after following the receipt of any Net Cash Proceeds are received in excess of $500,000 from a Casualty Event by Borrower or on behalf any of any Wireline Company in respect of any Casualty Eventits Subsidiaries, the Borrower shall make prepayments in accordance with Sections 2.10(h) and (subject to Section 2.10(j)i) prepay Term Borrowings in an aggregate amount equal to 100% of such Net Cash Proceeds; provided that, if the Borrower shall deliver to the Administrative Agent a certificate of a Financial Officer to the effect that : (i) the Wireline Companies intend so long as no Default shall then exist or arise therefrom, such proceeds shall not be required to apply the Net Proceeds from be so applied on such event (or a portion thereof specified in such certificate), within 365 days after receipt of such Net Proceeds, to repair, restore or replace the property with respect to which such Net Proceeds were received or to acquire Replacement Assets, and (ii) any property acquired in connection with such application (whether as replacement property or Replacement Assets) will be included in the Collateral at least date to the extent that such proceeds are used or committed by bona fide written contract to be used to repair, replace or restore any property in respect of which such Net Cash Proceeds were paid to reinvest in other fixed or capital assets, or applied to payment of expenses associated with such Casualty Event, including professional fees, claims adjustment expenses and costs of replacing lost revenues, no later than 180 days following the date of receipt of such proceeds; provided that if the property subject to be replaced was included therein or shall be property of a such Casualty Event constituted Collateral Support Partyunder the Security Documents, then no prepayment will be required all property purchased with the Net Cash Proceeds thereof pursuant to this subsection shall be made subject to the Lien of the applicable Security Documents in respect favor of such Net Proceeds the Collateral Agent, for its benefit and for the benefit of the other Secured Parties in accordance with Sections 5.11 and 5.12; and (or the ii) if any portion of such Net Cash Proceeds specified in such certificate, if applicable) except that, if any such Net Proceeds have shall not been be so applied (or committed by bona fide written contract to be applied, except to the extent such Net Proceeds are not so applied within 365 days after such commitment) by the end of such 365180-day period, a prepayment will such unused or uncommitted portion shall be required at that time in an amount equal to applied on the amount last day of such Net Proceeds that have not been so applied or committed to be so appliedperiod as a mandatory prepayment as provided in this Section 2.10(f).

Casualty Events. Within five Business Days after any Net Proceeds are received by or on behalf of any Wireline Company in respect of any Casualty Event, the Borrower shall (subject to Section 2.10(j)paragraph (i) of this Section) prepay Term Borrowings in an aggregate amount equal to such Net Proceeds; provided that, if the Borrower shall deliver to the Administrative Agent a certificate of a Financial Officer to the effect that (i) the Wireline Companies intend to apply the Net Proceeds from such event (or a portion thereof specified in such certificate), within 365 days after receipt of such Net Proceeds, to repair, restore or replace the property with respect to which such Net Proceeds were received or to acquire Replacement Assets, and (ii) any property acquired in connection with such application (whether as replacement property or Replacement Assets) will be included in the Collateral at least to the extent that the property to be replaced was included therein or shall be property of a Collateral Support Party, then no prepayment will be required pursuant to this subsection in respect of such Net Proceeds (or the portion of such Net Proceeds specified in such certificate, if applicable) except that, if any such Net Proceeds have not been so applied (or committed to be applied, except to the extent such Net Proceeds are not so applied within 365 days after such commitment) by the end of such 365-day period, a prepayment will be required at that time in an amount equal to the amount of such Net Proceeds that have not been so applied or committed to be so applied.

Casualty Events. Within five Business Days after any Net Proceeds are received by or on behalf of any Wireline Company in respect of any Casualty Event, the Borrower shall (subject to Section 2.10(j)paragraph (h) of this Section) prepay Term Borrowings in an aggregate amount equal to such Net Proceeds; provided that, if the Borrower shall deliver to the Administrative Agent a certificate of a Financial Officer to the effect that (i) the Wireline Companies intend to apply the Net Proceeds from such event (or a portion thereof specified in such certificate), within 365 days after receipt of such Net Proceeds, to repair, restore or replace the property with respect to which such Net Proceeds were received or to acquire Replacement Assets, and (ii) any property acquired in connection with such application (whether as replacement property or Replacement Assets) will be included in the Collateral at least to the extent that the property to be replaced was included therein or shall be property of a Collateral Support Party, then no prepayment will be required pursuant to this subsection in respect of such Net Proceeds (or the portion of such Net Proceeds specified in such certificate, if applicable) except that, if any such Net Proceeds have not been so applied (or committed to be applied, except to the extent such Net Proceeds are not so applied within 365 days after such commitment) by the end of such 365-day period, a prepayment will be required at that time in an amount equal to the amount of such Net Proceeds that have not been so applied or committed to be so applied.

Casualty Events. Within five Not later than seven Business Days after following the receipt of any Net Cash Proceeds are received from a Casualty Event by Borrower or on behalf any of any Wireline Company in respect of any Casualty Eventits Subsidiaries, the Borrower shall make prepayments in accordance with Sections 2.10(h) and (subject to Section 2.10(j)i) prepay Term Borrowings in an aggregate amount equal to 100% of such Net Cash Proceeds; provided that: (i) no such prepayment shall be required under this Section 2.10(f) with respect to Casualty Events resulting in less than $2.0 million in Net Cash Proceeds in any fiscal year; (ii) so long as no Default shall then exist or arise therefrom, if such proceeds shall not be required to be so applied on such date to the extent that Borrower shall deliver have delivered an Officers' Certificate to the Administrative Agent a certificate on or prior to such date stating that such proceeds are expected to be used to repair, replace or restore any property in respect of a Financial Officer which such Net Cash Proceeds were paid or to reinvest in other fixed or capital assets, no later than 360 days following the effect that (i) the Wireline Companies intend to apply the Net Proceeds from such event (or a portion thereof specified in such certificate), within 365 days after date of receipt of such Net Proceeds, proceeds (or within 18 months of receipt of such proceeds if a binding commitment to repair, replace or restore such property or replace reinvest in other fixed or capital assets has been entered into within such 360-day period); provided that if the property with respect subject to which such Net Proceeds were received or to acquire Replacement Assets, and (ii) any property acquired in connection with such application (whether as replacement property or Replacement Assets) will be included in Casualty Event constituted Collateral under the Collateral at least to the extent that the property to be replaced was included therein or shall be property of a Collateral Support PartySecurity Documents, then no prepayment will be required all property purchased with the Net Cash Proceeds thereof pursuant to this subsection shall be made subject to the Lien of the applicable Security Documents in respect favor of such Net Proceeds the Collateral Agent, for its benefit and for the benefit of the other Secured Parties in accordance with Sections 5.11 and 5.12; and (or the iii) if any portion of such Net Cash Proceeds specified in shall not be so applied within such certificate360-day period (or such 18 month period, if applicable) except that), if any such Net Proceeds have not been so unused portion shall be applied (or committed to be applied, except to on the extent such Net Proceeds are not so applied within 365 days after such commitment) by the end last day of such 365-day period, period as a mandatory prepayment will be required at that time as provided in an amount equal to the amount of such Net Proceeds that have not been so applied or committed to be so appliedthis Section 2.10(f).