Common use of Financial Condition Covenant Clause in Contracts

Financial Condition Covenant. Notwithstanding anything to the contrary contained herein, in the event the Borrower fails to comply with the requirements of the covenant as set forth in Section 7.1(a) (the “Financial Condition Covenant”) as at the last day of any fiscal quarter (a fiscal quarter ending on such day, a “Curable Period”), after the Closing Date until the expiration of the 10th Business Day subsequent to the date the financial statements are required to be delivered pursuant to Sections 6.1(a) or (b), as applicable, with respect to the period ending on the last day of such fiscal quarter, Holdings or its direct or indirect parent shall have the right (the “Cure Right”) to issue Capital Stock (other than Disqualified Capital Stock) for cash (the proceeds received by Holdings and contributed in cash as common equity to the Borrower as a result of such issuance, the “Cure Amount”). Upon the receipt by the Borrower of cash in an amount equal to the Cure Amount pursuant to the exercise of such Cure Right the Financial Condition Covenant shall be recalculated giving effect to the following pro forma adjustments:

Financial Condition Covenant. Notwithstanding anything to the contrary contained herein, in the event the Borrower fails Group Members fail to comply with the requirements of the covenant as set forth in Section 7.1(a) (the “Financial Condition Covenant”) as at the last day of any fiscal quarter (a fiscal quarter ending on such day, a “Curable Period”), after the Closing Date at any time during such Curable Period and until the expiration of the 10th 15th Business Day subsequent to the date the financial statements are certificate calculating the Financial Condition Covenant is required to be delivered pursuant to Sections 6.1(aSection 6.2(a) or (b), as applicable, with respect to the period Test Period ending on the last day of such fiscal quarterCurable Period, Holdings or its direct or indirect parent the Borrower shall have the right (the “Cure Right”) to issue Capital Stock (other than Disqualified Capital Stock) Permitted Cure Securities for cash or otherwise receive cash contributions in respect of Permitted Cure Securities (the such proceeds received by Holdings and contributed in cash as common equity to the Borrower as a result of such issuance, or such other cash contributions, the “Cure Amount”). Upon the receipt by the Borrower of cash in an amount equal to the Cure Amount pursuant to the exercise of such Cure Right Right, the Financial Condition Covenant shall be recalculated giving effect to the following pro forma adjustments:

Financial Condition Covenant. Notwithstanding anything to the contrary contained herein, in the event the Borrower fails Group Members fail to comply with the requirements of the covenant as set forth in Section 7.1(a) (the “Financial Condition Covenant”) as at the last day of any fiscal quarter (a fiscal quarter ending on such day, a “Curable Period”), after the Closing Date at any time during such Curable Period and until the expiration of the 10th Business Day subsequent to the date the financial statements are certificate calculating the Financial Condition Covenant is required to be delivered pursuant to Sections 6.1(aSection 6.2(a) or (b), as applicable, with respect to the period Test Period ending on the last day of such fiscal quarterCurable Period, Holdings or its direct or indirect parent the Borrower shall have the right (the “Cure Right”) to issue Capital Stock (other than Disqualified Capital Stock) Permitted Cure Securities for cash or otherwise receive cash contributions in respect of Permitted Cure Securities (the such proceeds received by Holdings and contributed in cash as common equity to the Borrower as a result of such issuance, or such other cash contributions, the “Cure Amount”). Upon the receipt by the Borrower of cash in an amount equal to the Cure Amount pursuant to the exercise of such Cure Right Right, the Financial Condition Covenant shall be recalculated giving effect to the following pro forma adjustments: