Common use of Mandatory Prepayment of Loans Clause in Contracts

Mandatory Prepayment of Loans. (a) No later than five (5) Business Days after the earlier of (i) ninety (90) days after the end of each fiscal year of the Borrower, and (ii) the date on which the financial statements with respect to such period are delivered pursuant to Section 5.01(a), the Borrower shall prepay outstanding Loans in an aggregate principal amount equal to (A) 50% of Excess Cash Flow for the fiscal year then ended minus (B) the amount of any prepayments of Loans made pursuant to Section 2.08 during such fiscal year, except to the extent that such prepayments were (1) deducted in determining the amount of Excess Cash Flow for such fiscal year or (2) financed with the proceeds of other Indebtedness of the Borrower or its Restricted Subsidiaries; provided that (i) such percentage of Excess Cash Flow shall be reduced to 25% of such Excess Cash Flow if the Consolidated Leverage Ratio at the end of such fiscal year shall be equal to or less than 5.00 to 1.00, but greater than 4.50 to 1.00, and (ii) such prepayment shall not be required if the Consolidated Leverage Ratio at the end of such fiscal year shall be equal to or less than 4.50 to 1.00.

Mandatory Prepayment of Loans. (a) No Commencing with the fiscal quarter ending December 31, 2018, no later than five (5) ten Business Days after the earlier of (i) ninety (90) days after the end of each fiscal year of the Borrower, and (ii) the date on which the financial statements with respect to such period are delivered pursuant to Section 5.01(a)5.04(a) or Section 5.04(b) with respect to each fiscal quarter, if the Leverage Ratio as of the last day of the applicable quarter exceeds 5.00 to 1.00, the Borrower Borrowers shall prepay outstanding the Loans in an aggregate principal amount (if positive) equal to (Ai) 5075% of Excess Cash Flow for the fiscal year quarter then ended minus (Bii) the aggregate amount of any optional prepayments of Loans made pursuant to Section 2.08 during such fiscal year, except to quarter; provided that the extent that such prepayments were (1) deducted in determining the amount percentage of Excess Cash Flow for such purposes of Section 2.10(a)(i) for any fiscal year or (2) financed quarter with the proceeds of other Indebtedness of the Borrower or its Restricted Subsidiaries; provided that (i) such percentage of respect to which Excess Cash Flow is measured shall be reduced to 25(x) 50% if the Leverage Ratio as of the last day of such fiscal quarter is less than or equal to 5.00:1.00 but greater than 2.50 to 1.00 and (y) 0% if the Leverage Ratio as of the last day of such fiscal quarter is less than or equal to 2.50 to 1.00 (such prepayment being an “Excess Cash Flow if the Consolidated Leverage Ratio at the end of such fiscal year shall be equal to or less than 5.00 to 1.00, but greater than 4.50 to 1.00, and (ii) such prepayment shall not be required if the Consolidated Leverage Ratio at the end of such fiscal year shall be equal to or less than 4.50 to 1.00Prepayment”).

Mandatory Prepayment of Loans. (a) No later than five (5) Business Days after the earlier of (i) ninety (90) days after the end of each fiscal year of the Borrower, commencing with the fiscal year ending on September 30, 2007, and (ii) the date on which the financial statements with respect to such period are delivered pursuant to Section 5.01(a), the Borrower shall prepay outstanding Term Loans in accordance with Section 2.09(d) in an aggregate principal amount equal to (A) 50% of Excess Cash Flow for the fiscal year then ended minus ended; provided (Bx) that the amount of any prepayments of Loans made pursuant to Section 2.08 during such fiscal year, except to the extent that such prepayments were (1) deducted in determining the amount of Excess Cash Flow for such fiscal year or (2) financed with the proceeds of other Indebtedness of the Borrower or its Restricted Subsidiaries; provided that (i) such percentage of Excess Cash Flow prepayment shall be reduced to 25% of such Excess Cash Flow if the Consolidated Leverage Ratio at the end of such fiscal year shall be equal to or less than 5.00 to 1.00, but greater than 4.50 to 1.00, and (iiy) such prepayment shall not be required if (A) the Consolidated Leverage Ratio at the end of such fiscal year shall be equal to or less than 4.50 to 1.001.00 or (B) the credit facility represented by the Term Loans is rated not lower than Ba3 by Xxxxx’x or not lower than BB- by S&P at the end of such fiscal year.

Mandatory Prepayment of Loans. (a) No later than five (5) Business Days after the earlier of (i) ninety (90) days after the end of each fiscal year of the Borrower, and (ii) the date on which the financial statements with respect to such period each fiscal year of the Borrower are required to be delivered pursuant to Section 5.01(a), commencing with the fiscal year ending on January 28, 2012, the Borrower shall prepay outstanding Loans in an aggregate principal amount equal to (Ai) 50% of Excess Cash Flow for the fiscal year then ended ended; minus (Bii) the amount of any prepayments of Loans made pursuant to Section 2.08 (other than pursuant to paragraph (c) thereof) and any voluntary prepayments of loans under the Senior Secured Asset-Based Revolving Credit Agreement solely to the extent there is an equivalent permanent reduction in revolving commitments thereunder, in each case during such fiscal year, except to the extent that such prepayments were (1) deducted in determining the amount of Excess Cash Flow for such fiscal year or (2) financed with the proceeds of other Indebtedness of the Borrower or its Restricted Subsidiaries; provided that (iA) such percentage of Excess Cash Flow shall be reduced to 25% of such Excess Cash Flow if the Consolidated Leverage Ratio at the end of such fiscal year shall be equal to or less than 5.00 to 1.00, but greater than 4.50 to 1.00, and (ii) such prepayment shall not be required if the Consolidated Net Leverage Ratio at the end of such fiscal year shall be equal to or less than 4.50 to 1.00, but greater than 4.00 to 1.00 and (B) such prepayment shall not be required if the Consolidated Net Leverage Ratio at the end of such fiscal year shall be equal to or less than 4.00 to 1.00.