Common use of No Prepayments of Restricted Debt Obligations Clause in Contracts

No Prepayments of Restricted Debt Obligations. Company and Borrowers shall not make, and shall not permit any of its or their Subsidiaries to make, any voluntary or optional payment on Restricted Debt Obligations (or in the case of Inside Maturity Notes, any payment at maturity) or to make any Restricted Junior Payment to Holdings to permit Holdings to make any voluntary or optional payment on Restricted Debt Obligations (or in the case of Inside Maturity Notes, any payment at maturity) except that Company or any of its Subsidiaries shall be entitled to redeem, repay, repurchase or defease (or make a Restricted Junior Payment to Holdings to permit Holdings to redeem, repay, repurchase or defease) Inside Maturity Notes with the proceeds of Revolving Loans, Additional Term Loans or Refinancing Term Loans, in each case to the extent permitted under subsection 2.5A or, so long as the Note Redemption Conditions are satisfied, with Net Debt Proceeds or, with other funds available to Company and 149 its Subsidiaries to do so (provided, that, any such payments made with such other funds prior to six (6) months prior to the final maturity of any such Inside Maturity Notes shall only be permitted if, after giving effect to such payment, the Revolving Loan Commitments exceed the Total Utilization of Revolving Loan Commitments by at least $150,000,000 and the Consolidated Senior Secured Leverage Ratio in less than 3.00:1.00). In addition, Company and its Subsidiaries may redeem, repay or repurchase (or make a Restricted Junior Payment to Holdings to permit Holdings to redeem, repay or repurchase) Existing Xxxxx-Xxxxxxxx Senior Secured Notes due 2009 with the proceeds of the Tranche B Term Loans made under the Delayed Draw Commitments. So long as the applicable payment of any Restricted Debt Obligation is permitted by this subsection 6.12B, the payment of accrued interest, fees, expenses and premiums in connection therewith may also be made with proceeds of Revolving Loans or with other funds available to Company and its Subsidiaries to do so.

No Prepayments of Restricted Debt Obligations. Company and Borrowers shall not make, and shall not permit any of its or their Subsidiaries to make, any voluntary or optional payment on Restricted Debt Obligations (or in the case of Inside Maturity NotesExisting Holdings Senior Notes maturing in 2005 or 2007, any payment at maturity) or to make any Restricted Junior Payment to Holdings to permit Holdings to make any voluntary or optional payment on Restricted Debt Obligations (or in the case of Inside Maturity NotesExisting Holdings Senior Notes maturing in 2005 or 2007, any payment at maturity) except that Company or any of its Subsidiaries the Borrowers shall be entitled to redeem, repay, repurchase or defease (or make a Restricted Junior Payment to Holdings to permit Holdings to redeem, repay, repurchase or defease) Inside Maturity (i) Existing Holdings Senior Notes maturing in 2005 with Revolving Loans made under the Existing Holdings Senior Notes Redemption Sublimit or funds reserved to Existing Holdings Senior Notes Collateral Account, or with the proceeds of Revolving LoansLoans (other than Loans made under the Existing Holdings Senior Notes Redemption Sublimit), Additional Term Loans or Refinancing Term Loans, Loans in each case to the extent permitted under subsection 2.5A 2.5B or, so long as the Note Redemption Reservation Conditions are satisfied, with Net Debt Securities Proceeds or, with other funds available to Company and 149 its Subsidiaries to do so (provided, that, any such payments made with such other funds prior to six (6) months prior to the final maturity of any such Inside Maturity the Existing Holdings Senior Notes maturing in 2005 shall not exceed $100,000,000 in the aggregate and shall only be permitted if, after giving effect to such payment, the Revolving Loan Commitments exceed the Total Utilization of Revolving Loan Commitments by at least $150,000,000 250,000,000 and the Consolidated Senior Secured Leverage Ratio in less than 3.00:1.002.85:1.00). In addition, Company and its Subsidiaries may redeem(ii) so long as the outstanding principal amount of the Existing Holdings Senior Notes due 2005 is $75,000,000 or less, repay or repurchase (or make a Restricted Junior Payment to Holdings to permit Holdings to redeem, repay repay, or repurchase) otherwise repurchase Existing Xxxxx-Xxxxxxxx Holdings Senior Secured Notes due 2009 maturing in 2007 with the proceeds of the Tranche B Term Revolving Loans made under the Delayed Draw Commitments. So long as Existing Holdings Senior Notes Redemption Sublimit or funds reserved to Existing Holdings Senior Notes Collateral Account, or the applicable payment of any Restricted Debt Obligation is permitted by this subsection 6.12B, the payment of accrued interest, fees, expenses and premiums in connection therewith may also be made with proceeds of Revolving Loans (other than Loans made under the Existing Holdings Senior Notes Redemption Sublimit), Additional Term Loans or Refinancing Term Loans in each case to the extent permitted under subsection 2.5B, or, so long as the Reservation Conditions are satisfied, with Net Debt Securities Proceeds or, at maturity thereof only, with other funds available to Company and its Subsidiaries to do so., and (iii) the BSN Senior Subordinated Notes with the proceeds of Indebtedness permitted under subsection 155

No Prepayments of Restricted Debt Obligations. Company and Borrowers shall not make, and shall not permit any of its or their Subsidiaries to make, any voluntary or optional payment on Restricted Debt Obligations (or in the case of Inside Maturity NotesExisting Holdings Senior Notes maturing in 2004, 2005 or 2007, any payment at maturity) or to make any Restricted Junior Payment to Holdings to permit Holdings to make any voluntary or optional payment on Restricted Debt Obligations (or in the case of Inside Maturity NotesExisting Holdings Senior Notes maturing in 2004, 2005 or 2007, any payment at maturity) except that Company or any of its Subsidiaries the Borrowers shall be entitled to redeem, repay, repurchase or defease (or make a Restricted Junior Payment to Holdings to permit Holdings to redeem, repay, repurchase or defease) Inside Maturity (i) at any time the Existing Holdings Senior Notes maturing in 2004 with proceeds of Revolving Loans or otherwise, (ii) Existing Holdings Senior Notes maturing in 2005 with Revolving Loans made under the Existing Holdings Senior Notes Redemption Sublimit or funds reserved to Existing Holdings Senior Notes Collateral Account, or with the proceeds of Revolving LoansLoans (other than Loans made under the Existing Holdings Senior Notes Redemption Sublimit), Additional Term Loans or Refinancing Term Loans, Loans in each case to the extent permitted under subsection 2.5A 2.5B or, so long as the Note Redemption Reservation Conditions are satisfied, with Net Debt Securities Proceeds or, at maturity thereof only, with other funds available to Company and 149 its Subsidiaries to do so and (providediii) after redemption, thatrepayment or other repurchase of the Existing Holdings Senior Notes maturing in 2004 in full and so long as the outstanding principal amount of the Existing Holdings Senior Notes due 2005 is $75,000,000 or less, any such payments to redeem, repay, or otherwise repurchase Existing Holdings Senior Notes maturing in 2007 with Revolving Loans made under the Existing Holdings Senior Notes Redemption Sublimit or funds reserved to Existing Holdings Senior Notes Collateral Account, or the proceeds of Revolving Loans (other than Loans made under the Existing Holdings Senior Notes Redemption Sublimit), Additional Term Loans or Refinancing Term Loans in each case to the extent permitted under subsection 2.5B, or, so long as the Reservation Conditions are satisfied, with such Net Debt Securities Proceeds or, at maturity thereof only, with other funds prior available to six (6) months prior to the final maturity of any such Inside Maturity Notes shall only be permitted if, after giving effect to such payment, the Revolving Loan Commitments exceed the Total Utilization of Revolving Loan Commitments by at least $150,000,000 and the Consolidated Senior Secured Leverage Ratio in less than 3.00:1.00). In addition, Company and its Subsidiaries may redeem, repay or repurchase (or make a Restricted Junior Payment to Holdings to permit Holdings to redeem, repay or repurchase) Existing Xxxxx-Xxxxxxxx Senior Secured Notes due 2009 with the proceeds of the Tranche B Term Loans made under the Delayed Draw Commitmentsdo so. So long as the applicable payment of any Restricted Debt Obligation is permitted by this subsection 6.12B, the payment of accrued interest, feespremiums, fees and expenses and premiums in connection therewith may also be made with proceeds of Revolving Loans or with other funds available to Company and its Subsidiaries to do so.

No Prepayments of Restricted Debt Obligations. Company and Borrowers shall not make, and shall not permit any of its or their Subsidiaries to make, any voluntary or optional payment on Restricted Debt Obligations (or in the case of Inside Maturity NotesExisting Holdings Senior Notes maturing in 2004, 2005 or 2007, any payment at maturity) or to make any Restricted Junior Payment to Holdings to permit Holdings to make any voluntary or optional payment on Restricted Debt Obligations (or in the case of Inside Maturity NotesExisting Holdings Senior Notes maturing in 2004, 2005 or 2007, any payment at maturity) except that Company or any of its Subsidiaries the Borrowers shall be entitled to redeem, repay, repurchase or defease (or make a Restricted Junior Payment to Holdings to permit Holdings to redeem, repay, repurchase or defease) Inside Maturity (i) at any time the Existing Holdings Senior Notes maturing in 2004 with proceeds of Revolving Loans or otherwise, (ii) Existing Holdings Senior Notes maturing in 2005 with Revolving Loans made under the Existing Holdings Senior Notes Redemption Sublimit or funds reserved to Existing Holdings Senior Notes Collateral Account, or with the proceeds of Revolving LoansLoans (other than Loans made under the Existing Holdings Senior Notes Redemption Sublimit), Additional Term Loans or Refinancing Term Loans, Loans in each case to the extent permitted under subsection 2.5A 2.5B or, so long as the Note Redemption Reservation Conditions are satisfied, with Net Debt Securities Proceeds or, at maturity thereof only, with other funds available to Company and 149 its Subsidiaries to do so, (iii) after redemption, repayment or other repurchase of the Existing Holdings Senior Notes maturing in 2004 in full and so long as the outstanding principal amount of the Existing Holdings Senior Notes due 2005 is $75,000,000 or less, to redeem, repay, or otherwise repurchase Existing Holdings Senior Notes maturing in 2007 with Revolving Loans made under the Existing Holdings Senior Notes Redemption Sublimit or funds reserved to Existing Holdings Senior Notes Collateral Account, or the proceeds of Revolving Loans (providedother than Loans made under the Existing Holdings Senior Notes Redemption Sublimit), thatAdditional Term Loans or Refinancing Term Loans in each case to the extent permitted under subsection 2.5B, any such payments made or, so long as the Reservation Conditions are satisfied, with such Net Debt Securities Proceeds or, at maturity thereof only, with other funds prior available to six Company and its Subsidiaries to do so, (6iv) months prior on the BSN Change of Control Payment Date, Existing BSN Senior Subordinated Notes with the proceeds of the French Tranche C3 Term Loans and to the final maturity extent permitted under Section 2.5, Revolving Loans, at a price not exceeding 101% of any such Inside Maturity the principal amount thereof and (v) the Existing BSN Senior Subordinated Notes shall only be with the proceeds of Indebtedness permitted if, after giving effect to such payment, the Revolving Loan Commitments exceed the Total Utilization of Revolving Loan Commitments by at least $150,000,000 and the Consolidated Senior Secured Leverage Ratio in less than 3.00:1.00under subsection 6.1(xv). In addition, Company and its Subsidiaries may redeem, repay or repurchase (or make a Restricted Junior Payment consent fee payments in connection with any amendments to Holdings to permit Holdings to redeem, repay or repurchasethe Existing BSN Senior Subordinated Note Indentures described in subsection 6.12A(ii) Existing Xxxxx-Xxxxxxxx Senior Secured Notes due 2009 with the proceeds of the Tranche B Term Loans made under the Delayed Draw Commitmentsabove on prevailing market terms. So long as the applicable payment of any Restricted Debt Obligation is permitted by this subsection 6.12B, the payment of accrued interest, fees, expenses and and, except in the case of clause (iv) above, premiums in connection therewith may also be made with proceeds of Revolving Loans or with other funds available to Company and its Subsidiaries to do so.

No Prepayments of Restricted Debt Obligations. Company and Borrowers shall not make, and shall not permit any of its or their Subsidiaries to make, any voluntary or optional payment on Restricted Debt Obligations (or in the case of Inside Maturity NotesExisting Holdings Senior Notes maturing in 2004, 2005 or 2007, any payment at maturity) or to make any Restricted Junior Payment to Holdings to permit Holdings to make any voluntary or optional payment on Restricted Debt Obligations (or in the case of Inside Maturity NotesExisting Holdings Senior Notes maturing in 2004, 2005 or 2007, any payment at maturity) except that Company or any of its Subsidiaries the Borrowers shall be entitled to redeem, repay, repurchase or defease (or make a Restricted Junior Payment to Holdings to permit Holdings to redeem, repay, repurchase or defease) Inside Maturity (i) at any time the Existing Holdings Senior Notes maturing in 2004 with proceeds of Revolving Loans or otherwise, (ii) Existing Holdings Senior Notes maturing in 2005 with Revolving Loans made under the Existing Holdings Senior Notes Redemption Sublimit or funds reserved to Existing Holdings Senior Notes Collateral Account, or with the proceeds of Revolving Loans, Loans (other than Loans made under the Existing Holdings Senior Notes Redemption Sublimit) or Additional Term Loans or Refinancing Term Loans, in each either case to the extent permitted under subsection 2.5A 2.5B or, so long as the Note Redemption Reservation Conditions are satisfied, with Net Debt Securities Proceeds or, at maturity thereof only, with other funds available to Company and 149 its Subsidiaries to do so and (providediii) after redemption, thatrepayment or other repurchase of the Existing Holdings Senior Notes maturing in 2004 in full and so long as the outstanding principal amount of the Existing Holdings Senior Notes due 2005 is $75,000,000 or less, any such payments to redeem, repay, or otherwise repurchase Existing Holdings Senior Notes maturing in 2007 with Revolving Loans made under the Existing Holdings Senior Notes Redemption Sublimit or funds reserved to Existing Holdings Senior Notes Collateral Account, or the proceeds of Revolving Loans (other than Loans made under the Existing Holdings Senior Notes Redemption Sublimit) or Additional Term Loans in either case to the extent permitted under subsection 2.5B, or, so long as the Reservation Conditions are satisfied, with such Net Debt Securities Proceeds or, at maturity thereof only, with other funds prior available to six (6) months prior to the final maturity of any such Inside Maturity Notes shall only be permitted if, after giving effect to such payment, the Revolving Loan Commitments exceed the Total Utilization of Revolving Loan Commitments by at least $150,000,000 and the Consolidated Senior Secured Leverage Ratio in less than 3.00:1.00). In addition, Company and its Subsidiaries may redeem, repay or repurchase (or make a Restricted Junior Payment to Holdings to permit Holdings to redeem, repay or repurchase) Existing Xxxxx-Xxxxxxxx Senior Secured Notes due 2009 with the proceeds of the Tranche B Term Loans made under the Delayed Draw Commitmentsdo so. So long as the applicable payment of any Restricted Debt Obligation is permitted by this subsection 6.12B, the payment of accrued interest, feespremiums, fees and expenses and premiums in connection therewith may also be made with proceeds of Revolving Loans or with other funds available to Company and its Subsidiaries to do so.