Common use of Consolidated Excess Cash Flow Clause in Contracts

Consolidated Excess Cash Flow. In the event that there shall be Consolidated Excess Cash Flow for any Fiscal Year (commencing in the second Fiscal Quarter of the Fiscal Year ending 2006, and thereafter, for each full Fiscal Year), Company shall, no later than ninety days after the end of such Fiscal Year, prepay the Loans as set forth in Section 2.15(b) in an aggregate amount equal to the excess of (A) 75% of such Consolidated Excess Cash Flow over (B) 100% of Voluntary Prepayments; provided, during any Fiscal Year in which the Leverage Ratio (determined for such Fiscal Year by reference to the Compliance Certificate delivered pursuant to Section 5.1(d) calculating the Leverage Ratio as of the last day of such Fiscal Year) shall be 3.00:1.00 or less, Company shall only be required to make the prepayments otherwise required hereby in an amount equal to the excess of (A) 50% of such Consolidated Excess Cash Flow over (B) 100% of Voluntary Prepayments.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Telvent Git S A), First Lien Credit and Guaranty Agreement (Telvent Git S A)

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Consolidated Excess Cash Flow. In the event that there shall be Consolidated Excess Cash Flow for any Fiscal Year (Year, commencing in the second Fiscal Quarter of the with Fiscal Year ending 2006, and thereafter, for each full Fiscal Year)2004, Company shall, no later than ninety days after on the end earlier of such Fiscal Yearthe date on which Company's annual Compliance Certificate is delivered, or is required to be delivered, prepay the Loans and/or the Revolving Commitments shall be permanently reduced as set forth in Section 2.15(b) in an aggregate amount equal to the excess of (A) 7575.0% of such Consolidated Excess Cash Flow over (B) 100% of Voluntary PrepaymentsFlow; provided, during any Fiscal Year in which if the Total Leverage Ratio (determined for as of the last day of such Fiscal Year (determined by reference to the Compliance Certificate delivered pursuant to Section 5.1(d5.1(c) calculating the Total Leverage Ratio as of the last day of such Fiscal YearYear and giving pro forma effect to such prepayment) shall be 3.00:1.00 or lessless than 3.0:1.00, Company shall only be required to make the prepayments and/or reductions otherwise required hereby in an amount equal to the excess of (A) 50% of such Consolidated Excess Cash Flow over (B) 100% of Voluntary PrepaymentsFlow.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Mariner Health Care Inc)

Consolidated Excess Cash Flow. In the event that there shall be Consolidated Excess Cash Flow for any Fiscal Year Quarter (commencing in with the second Fiscal Quarter of the Fiscal Year ending 2006March 31, and thereafter, for each full Fiscal Year2018), Company shall, no later than ninety forty-five days after the end of such Fiscal YearQuarter, prepay the Loans and/or the Revolving Commitments shall be permanently reduced as set forth in Section 2.15(b2.13(b) in an aggregate amount equal to the excess of (A) 75% of such Consolidated Excess Cash Flow over (B) 100% of Voluntary Prepayments; provided, during any Fiscal Year in which if the Leverage Ratio (determined for such Fiscal Year by reference to the Compliance Certificate delivered pursuant to Section 5.1(d) calculating the Leverage Asset Coverage Ratio as of the last day of such Fiscal Year) shall be 3.00:1.00 Quarter is less than or less, Company shall only be required to make the prepayments otherwise required hereby in an amount equal to the excess of (A) 501.10:1.00, 100% of such Consolidated Excess Cash Flow over for such Fiscal Quarter and (B) 100% if the Asset Coverage Ratio as of Voluntary Prepaymentsthe last day of such Fiscal Quarter is greater than 1.10:1.00, the ECF Percentage of Consolidated Excess Cash Flow for such Fiscal Quarter. Any amounts prepaid pursuant to this Section 2.12(e) with respect to any Fiscal Quarter in excess of the amounts required pursuant to the immediately preceding sentence shall be treated as voluntary prepayments made pursuant to Section 2.11(a).

Appears in 1 contract

Samples: Credit and Guaranty Agreement (P10, Inc.)

Consolidated Excess Cash Flow. In the event that there shall be Consolidated Excess Cash Flow for any Fiscal Year (commencing in the second Fiscal Quarter of the with Fiscal Year ending on or about December 31, 2006, and thereafter, for each full Fiscal Year), Company Borrower shall, no later than ninety days after the end of such Fiscal Year, prepay the Loans as set forth in Section 2.15(b) in an aggregate amount equal to the excess of (Ai) 75% of such Consolidated Excess Cash Flow over minus (Bii) 100% voluntary repayments of Voluntary PrepaymentsConsolidated Total Debt (excluding repayments of Revolving Loans or Swing Line Loans); provided, during for any Fiscal Year in which the Total Leverage Ratio (determined for such Fiscal Year by reference to the Compliance Certificate delivered pursuant to Section 5.1(d5.1(c) calculating the Total Leverage Ratio as of the last day of such Fiscal Year) shall be 3.00:1.00 4.00:1.00 or less, Company Borrower shall only be required to make the prepayments otherwise required hereby in an amount equal to the excess of (A) 50% of such Consolidated Excess Cash Flow; provided further that for the Fiscal Year ending on or about December 31, 2006, Consolidated Excess Cash Flow over (B) 100% shall be determined on a pro forma basis from the Second Closing Date through and including the end of Voluntary Prepaymentssuch Fiscal Year.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (American Medical Systems Holdings Inc)

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Consolidated Excess Cash Flow. In the event that there shall be Consolidated Excess Cash Flow for any Fiscal Year (commencing in the second Fiscal Quarter of with the Fiscal Year ending 2006December 31, and thereafter, for each full Fiscal Year2011), Company the Borrower shall, no later than ninety days after the end of such Fiscal Year, prepay the Loans as set forth in Section 2.15(b) in an aggregate amount equal to the excess of (A) 7550% of such Consolidated Excess Cash Flow over minus (Bii) 100% voluntary repayments of Voluntary Prepaymentsthe Loans pursuant to Section 2.11 during such Fiscal Year; provided, during any that if, as of the last day of the most recently ended Fiscal Year in which Year, the Corporate Leverage Ratio (determined for any such Fiscal Year period by reference to the Compliance Certificate delivered pursuant to Section 5.1(d5.01(e) calculating the Corporate Leverage Ratio as of the last day of such Fiscal Year) shall be 3.00:1.00 1.25 to 1.00 or less, Company the Borrower shall only be required to make the prepayments and/or reductions otherwise required hereby in an amount equal to the excess of (Ai) 5025% of such Consolidated Excess Cash Flow over minus (Bii) 100% voluntary repayments of Voluntary Prepaymentsthe Loans pursuant to Section 2.11 during such Fiscal Year.

Appears in 1 contract

Samples: Senior Secured Term Loan Facility Agreement (Ocwen Financial Corp)

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