Common use of Consummation of the Refinancing; Extinguishment of Liens Clause in Contracts

Consummation of the Refinancing; Extinguishment of Liens. On or prior to the Closing Date and concurrently with the incurrence of the Loans, (x) all Indebtedness under the Existing Credit Agreement shall have been repaid in full, together with all fees and other amounts owing thereon and all commitments thereunder shall have been terminated and all liens securing the obligations under the Existing Credit Agreement shall have been terminated (or arrangements reasonably satisfactory to the Administrative Agent for such termination shall have been made) and (y) subject to clause (a) of section 6.11, all Indebtedness in excess of $20,000,000 under the Senior Subordinated Note Purchase Agreement and the Senior Subordinated Notes shall have been repurchased or redeemed in full, together with all fees and other amounts owing thereon and the Administrative Agent shall have received reasonably satisfactory evidence from Holdings and the Borrower as to the foregoing. Holdings, the Borrower and its Restricted Subsidiaries shall have no Indebtedness for borrowed money outstanding as of the Closing Date other than under the Facilities and other Indebtedness permitted by Section 7.2.

Consummation of the Refinancing; Extinguishment of Liens. On or prior to the Closing Date and Substantially concurrently with the initial incurrence of the Loans, (xi) all Indebtedness under the Existing Credit Agreement shall have been repaid in full, full (together with all fees and other amounts owing thereon thereon) and all commitments thereunder shall have been terminated and all liens securing the obligations under the Existing Credit Agreement shall have been terminated (or arrangements reasonably satisfactory to the Administrative Agent for such termination shall have been made), (ii) and (y) subject to clause (a) all of section 6.11, all Indebtedness in excess of $20,000,000 under the Senior Subordinated Note Purchase Agreement and the Senior Subordinated Existing Notes shall have been repurchased redeemed (or redeemed in full, together with all fees and other amounts owing thereon and the Administrative Agent Borrower shall have received reasonably satisfactory evidence from Holdings and the Borrower as provided irrevocable notice to the foregoing. Holdings, trustee therefor for the Borrower redemption thereof and its Restricted Subsidiaries set aside (or substantially simultaneously with the initial incurrence of the Loans will have set aside from the proceeds thereof) cash and cash equivalents sufficient to pay the redemption price thereof) and (iii) the Group Members shall have (x) no third party Indebtedness for borrowed money outstanding as of the Closing Date other than under the Facilities Initial Facilities, ordinary course Capital Lease Obligations, purchase money Indebtedness, equipment financings, letters of credit, surety bonds and short-term working capital facilities and any other Indebtedness listed on Schedule 7.2(c) and (y) no other third party Indebtedness other than Indebtedness permitted by Section 7.2.7.2 (collectively, the “Refinancing”). 107

Consummation of the Refinancing; Extinguishment of Liens. On or prior to the Closing Date and Substantially concurrently with the initial incurrence of the Loans, (xi) all Indebtedness under the Existing Credit Agreement shall have been repaid in full, full (together with all fees and other amounts owing thereon thereon) and all commitments thereunder shall have been terminated and all liens securing the obligations under the Existing Credit Agreement shall have been terminated (or arrangements reasonably satisfactory to the Administrative Agent for such termination shall have been made), (ii) and (y) subject to clause (a) all of section 6.11, all Indebtedness in excess of $20,000,000 under the Senior Subordinated Note Purchase Agreement and the Senior Subordinated Existing Notes shall have been repurchased redeemed (or redeemed in full, together with all fees and other amounts owing thereon and the Administrative Agent Borrower shall have received reasonably satisfactory evidence from Holdings and the Borrower as provided irrevocable notice to the foregoing. Holdings, trustee therefor for the Borrower redemption thereof and its Restricted Subsidiaries set aside (or substantially simultaneously with the initial incurrence of the Loans will have set aside from the proceeds thereof) cash and cash equivalents sufficient to pay the redemption price thereof) and (iii) the Group Members shall have (x) no third party Indebtedness for borrowed money outstanding as of the Closing Date other than under the Facilities Initial Facilities, ordinary course Capital Lease Obligations, purchase money Indebtedness, equipment financings, letters of credit, surety bonds and short-term working capital facilities and any other Indebtedness listed on Schedule 7.2(c) and (y) no other third party Indebtedness other than Indebtedness permitted by Section 7.27.2 (collectively, the “Refinancing”).