Common use of Compliance with Section Clause in Contracts

Compliance with Section. 5.1 of the Credit Agreement for the Fiscal Quarter ending December 31, 2003; PROVIDED, that the waiver in this Section 2(c) shall cease to be of any further force and effect (and any Default or Event of Default that would have otherwise been waived by this Section 2(c) shall continue to constitute a Default or Event of Default, as the case may be) if any of the following conditions are not satisfied: (i) the Borrower's Net Revenue for the four Fiscal Quarters ending on the last day of such Fiscal Quarter shall be not less than $250,000,000; and (ii) in the event the Borrower's Net Revenue for the four Fiscal Quarters ending on the last day of such Fiscal Quarter is less than $290,000,000 but equal to or greater than $250,000,000, the Administrative Agent shall have received from the Borrower concurrently with the delivery of the Borrower's Compliance Certificate for such Fiscal Quarter pursuant to Section 6.1(d) of the Credit Agreement, for the ratable benefit of the Lenders party to the Credit Agreement, a waiver fee equal to 0.125% of the sum of each such Lender's (A) Commitment as of the date of delivery of such Compliance Certificate and (B) Ratable Portion of the principal amount of Term A Loans and Term B Loans outstanding on the date of delivery of such Compliance Certificate.

Compliance with Section. 5.1 of the Credit Agreement for the Fiscal Quarter ending December 31September 30, 2003; PROVIDED, that the waiver in this Section 2(c2(b) shall cease to be of any further force and effect (and any Default or Event of Default that would have otherwise been waived by this Section 2(c2(b) shall continue to constitute a Default or Event of Default, as the case may be) if any of the following conditions are not satisfied: (i) the Borrower's Net Revenue for the four Fiscal Quarters ending on the last day of such Fiscal Quarter shall be not less than $250,000,000; and (ii) in the event the Borrower's Net Revenue for the four Fiscal Quarters ending on the last day of such Fiscal Quarter is less than $290,000,000 280,000,000 but equal to or greater than $250,000,000, the Administrative Agent shall have received from the Borrower concurrently with the delivery of the Borrower's Compliance Certificate for such Fiscal Quarter pursuant to Section 6.1(d) of the Credit Agreement, for the ratable benefit of the Lenders party to the Credit Agreement, a waiver fee equal to 0.125% of the sum of each such Lender's (A) Commitment as of the date of delivery of such Compliance Certificate and (B) Ratable Portion of the principal amount of Term A Loans and Term B Loans outstanding on the date of delivery of such Compliance Certificate.