Common use of Excess Cash Flow Clause in Contracts

Excess Cash Flow. Within five (5) days after the annual financial statements are required to be delivered pursuant to subsection 4.11(b) hereof, commencing with such annual financial statements for the Fiscal Year ending nearest December 31, 2014, the Borrower shall deliver to Agent a written calculation of Excess Cash Flow of the Credit Parties and their Subsidiaries for such Fiscal Year in the form of Exhibit 1.8(e) and certified as correct on behalf of the Credit Parties by a Responsible Officer of the Borrower and concurrently therewith shall deliver to Agent, for distribution to the Lenders, an amount equal to 50% of such Excess Cash Flow, for application to the Loans in accordance with the provisions of subsection 1.8(f) hereof.”

Excess Cash Flow. Within five (5) 10 days after the of delivery to Agent of audited annual financial statements pursuant to Section 5.1, commencing with the delivery to Agent of the financial statements for Borrower’s fiscal year ended April 30, 2012 or, if such financial statements are not delivered to Agent on the date such statements are required to be delivered pursuant to subsection 4.11(b) hereofSection 5.1, commencing with within 10 days after the date such annual financial statements for the Fiscal Year ending nearest December 31were required to be delivered to Agent pursuant to Section 5.1, 2014, the Borrower shall deliver to Agent a written calculation of Excess Cash Flow prepay the outstanding principal amount of the Credit Parties and their Subsidiaries for such Fiscal Year Obligations in the form of Exhibit 1.8(eaccordance with Section 2.4(f)(ii) and certified as correct on behalf of the Credit Parties by a Responsible Officer of the Borrower and concurrently therewith shall deliver to Agent, for distribution to the Lenders, in an amount equal to 50% of such the Excess Cash Flow, Flow of Borrower and its Subsidiaries for application to the Loans in accordance with the provisions of subsection 1.8(f) hereofsuch fiscal year.”

Excess Cash Flow. Within five (5) days after the annual financial statements are required to be delivered pursuant to subsection 4.11(b) hereof, commencing with such annual financial statements for the Fiscal Year ending nearest December 31, 20142012, the Borrower shall deliver to Agent a written calculation of Excess Cash Flow of the Credit Parties and their Subsidiaries for such Fiscal Year in the form of Exhibit 1.8(e) and certified as correct on behalf of the Credit Parties by a Responsible Officer of the Borrower and concurrently therewith shall deliver to Agent, for distribution to the Lenders, an amount equal to 50% of such Excess Cash Flow, for application to the Loans in accordance with the provisions of subsection 1.8(f) hereof.”

Excess Cash Flow. Within five (5) 10 days after the of delivery to Agent of audited annual financial statements pursuant to Section 5.1, commencing with the delivery to Agent of the financial statements for Borrower's fiscal year ended December 31, 2013 or, if such financial statements are not delivered to Agent on the date such statements are required to be delivered pursuant to subsection 4.11(b) hereofSection 5.1, commencing with within 10 days after the date such annual financial statements for the Fiscal Year ending nearest December 31were required to be delivered to Agent pursuant to Section 5.1, 2014, the Borrower shall deliver prepay the outstanding principal amount of the Obligations in accordance with Section 2.4(f)(ii) in an amount equal to Agent a written calculation 60% of the Excess Cash Flow of the Credit Parties Borrower and their its Subsidiaries for such Fiscal Year in the form of Exhibit 1.8(e) and certified as correct on behalf of the Credit Parties by a Responsible Officer of the Borrower and concurrently therewith shall deliver to Agent, for distribution to the Lenders, an amount equal to 50% of such Excess Cash Flow, for application to the Loans in accordance with the provisions of subsection 1.8(f) hereoffiscal year.”

Excess Cash Flow. Within five (5) days after the annual financial statements are required to be delivered pursuant to subsection 4.11(b) hereof, commencing with such annual financial statements for the Fiscal Year ending nearest December 31, 20142013, the Borrower shall deliver to Agent a written calculation of Excess Cash Flow of the Credit Parties and their Subsidiaries for such Fiscal Year in the form of Exhibit 1.8(e) and certified as correct on behalf of the Credit Parties by a Responsible Officer of the Borrower and concurrently therewith shall deliver to Agent, for distribution to the Lenders, an amount equal to 50% of such Excess Cash Flow, for application to the Loans in accordance with the provisions of subsection 1.8(f) hereof.”

Excess Cash Flow. Within five (5) ten days after the of delivery to Lender of audited annual financial statements pursuant to Section 5.1, commencing with the delivery to Lender of the financial statements for Borrowers' fiscal year ended December 31, 2020 or, if such financial statements are not delivered to Lender on the date such statements are required to be delivered pursuant to subsection 4.11(bSection 5.1, within ten days after the date such statements were required to be delivered to Lender pursuant to Section 5.1, Borrowers shall, prepay the outstanding principal amount of the Obligations in accordance with Section 2.4(f)(ii) hereof, commencing with such annual financial statements for in an amount equal to 20% of the Fiscal Year ending nearest December 31, 2014, the Borrower shall deliver to Agent a written calculation of Excess Cash Flow of the Credit Loan Parties and their Subsidiaries for such Fiscal Year in the form of Exhibit 1.8(e) and certified as correct on behalf of the Credit Parties by a Responsible Officer of the Borrower and concurrently therewith shall deliver to Agent, for distribution to the Lenders, an amount equal to 50% of such Excess Cash Flow, for application to the Loans in accordance with the provisions of subsection 1.8(f) hereoffiscal year.”