Prepayment Certificate. Concurrently with any prepayment of the Loans and/or reduction of the Revolving Commitments pursuant to Sections 2.14(a) through 2.14(g), the Borrower Representative shall deliver to the Administrative Agent a certificate of an Authorized Officer demonstrating the calculation of the amount of the applicable net proceeds or Consolidated Excess Cash Flow, as the case may be. In the event that the Borrower Representative shall subsequently determine that the actual amount received exceeded the amount set forth in such certificate, the U.S. Borrower shall promptly make an additional prepayment of the Term Loans and/or the Revolving Commitments shall be permanently reduced in an amount equal to such excess, and the Borrower Representative shall concurrently therewith deliver to the Administrative Agent a certificate of an Authorized Officer demonstrating the derivation of such excess.
Appears in 3 contracts
Sources: Credit and Guaranty Agreement (Fmsa Holdings Inc), Credit and Guaranty Agreement (Fmsa Holdings Inc), Credit and Guaranty Agreement (Fmsa Holdings Inc)
Prepayment Certificate. Concurrently with any prepayment of the Loans and/or reduction of the Revolving Commitments pursuant to Sections 2.14(a2.13(a) through 2.14(g(Asset Sales), the 2.13(b) (Insurance/Condemnation Proceeds) or 2.13(c) (Certain Payments from Anchor Customers), Borrower Representative shall deliver to the Administrative Agent a certificate of an Authorized Officer demonstrating the calculation of the amount of the applicable net proceeds or Consolidated Excess Cash Flow, as the case may beproceeds. In the event that the Borrower Representative shall subsequently determine that the actual amount received exceeded the amount set forth in such certificate, the U.S. Borrower shall promptly make an additional prepayment of the Term Loans and/or the Revolving Commitments shall be permanently reduced in an amount equal to such excess, and the Borrower Representative shall concurrently therewith deliver to the Administrative Agent a certificate of an Authorized Officer demonstrating the derivation of such excess.
Appears in 3 contracts
Sources: Credit and Guaranty Agreement (Cheniere Energy Partners, L.P.), Credit and Guaranty Agreement (Cheniere Energy Partners, L.P.), Credit and Guaranty Agreement
Prepayment Certificate. Concurrently with any prepayment of the Loans and/or reduction of the Revolving Commitments pursuant to Sections 2.14(a2.13(a) through 2.14(g2.13(d), the Borrower Representative shall deliver to the Administrative Agent a certificate of an Authorized Officer demonstrating the calculation of the amount of the applicable net proceeds or Consolidated Excess Cash Flowand compensation owing to Lenders under Section 2.10 and 2.12(a)(iii) in each case, if any, as the case may be. In the event that the Borrower Representative shall subsequently determine that the actual amount received exceeded the amount set forth in such certificate, the U.S. Borrower shall promptly make an additional prepayment of the Term Loans and/or the Revolving Commitments shall be permanently reduced in an amount equal to such excess, and the Borrower Representative shall concurrently therewith deliver to the Administrative Agent a certificate of an Authorized Officer demonstrating the derivation of relevant calculations in connection with such excessadditional prepayment.
Appears in 2 contracts
Sources: Credit Agreement (Tiptree Inc.), Credit Agreement (Tiptree Inc.)
Prepayment Certificate. Concurrently with any prepayment of the Loans and/or reduction of the Revolving Commitments pursuant to Sections 2.14(a) through 2.14(g2.14(d), the Borrower Representative shall deliver to the Administrative Agent a certificate of an Authorized Officer demonstrating the calculation of the amount of the applicable net proceeds proceedsNet Cash Proceeds or Consolidated Excess Cash Flow, as the case may be. In the event that the Borrower Representative shall subsequently determine that the actual amount received exceeded the amount set forth in such certificate, the U.S. Borrower shall promptly make an additional prepayment of the Term Loans and/or Loans, to the Revolving Commitments shall be permanently reduced extent required under Sections 2.14(a) through 2.14(d) (as applicable), in an amount equal to such excess, and the Borrower Representative shall concurrently therewith deliver to the Administrative Agent a certificate of an Authorized Officer demonstrating the derivation of such excess.
Appears in 2 contracts
Sources: Credit and Guaranty Agreement (RadNet, Inc.), Credit and Guaranty Agreement (RadNet, Inc.)
Prepayment Certificate. Concurrently with any prepayment of the Loans and/or reduction of the Revolving Commitments pursuant to Sections 2.14(a2.11(a) through 2.14(g(d), the Borrower Representative Borrowers shall deliver to the Administrative Agent a certificate of an Authorized Officer demonstrating the calculation of the amount of the applicable net proceeds or Consolidated Excess Cash Flowproceeds, Make-Whole Amount (with respect to Section 2.11(d)) fees and compensation otherwise owing to Lenders under this Agreement, if any, as the case may be. In the event that the Borrower Representative shall subsequently determine that the actual amount received exceeded the amount set forth in such certificate, the U.S. Borrower shall promptly make an additional prepayment of the Term Loans and/or the Revolving Commitments shall be permanently reduced in an amount equal to such excess, and the Borrower Representative shall concurrently therewith deliver to the Administrative Agent a certificate of an Authorized Officer demonstrating the derivation of such excess.
Appears in 2 contracts
Sources: Dip Credit Agreement (Hospitality Investors Trust, Inc.), Restructuring Support Agreement (Hospitality Investors Trust, Inc.)
Prepayment Certificate. Concurrently with any prepayment of the Loans and/or reduction of the Revolving Commitments pursuant to Sections 2.14(a) through 2.14(g2.13(a)-(g), the Borrower Representative Holdings shall deliver to the Administrative Agent a certificate of an Authorized Officer demonstrating the calculation of the amount of the applicable net proceeds or proceeds, Consolidated Excess Cash FlowFlow or other applicable financial tests or proceeds giving rise to the prepayment, as the case may be. In the event that the Borrower Representative Holdings or any of its Subsidiaries shall subsequently determine that the actual amount received exceeded the amount set forth in such certificate, the U.S. Borrower Borrowers shall promptly make an additional prepayment of the Term Loans and/or the Revolving Commitments shall be permanently reduced in an amount equal to such excess, and the Borrower Representative Holdings shall concurrently therewith deliver to the Administrative Agent a certificate of an Authorized Officer demonstrating the derivation of such excess.
Appears in 1 contract
Prepayment Certificate. Concurrently with any prepayment of the Loans and/or reduction of the Revolving Loan Commitments pursuant to Sections 2.14(a1.3(b)(ii) through 2.14(g(vii), the Borrower Representative Holdings shall deliver to the Administrative Agent a certificate of an Authorized Officer demonstrating the calculation of the amount of the applicable net proceeds or proceeds, Consolidated Excess Cash FlowFlow or other applicable financial tests or proceeds giving rise to the prepayment, as the case may be. In the event that the Borrower Representative Holdings or any of its Subsidiaries shall subsequently determine that the actual amount received exceeded the amount set forth in such certificate, the U.S. Borrower Borrowers shall promptly make an additional prepayment of the Term Loans and/or the Revolving Loan Commitments shall be permanently reduced in an amount equal to such excess, and the Borrower Representative Holdings shall concurrently therewith deliver to the Administrative Agent a certificate of an Authorized Officer demonstrating the derivation of such excess.
Appears in 1 contract
Sources: Credit Agreement (Handleman Co /Mi/)
Prepayment Certificate. Concurrently with any prepayment of the Loans and/or reduction of the Revolving Commitments pursuant to Sections 2.14(a2.12(a) through 2.14(g2.12(i), the Borrower Company Representative shall deliver to the Administrative Agent a certificate of an Authorized a Chief Financial Officer demonstrating the calculation of the amount of the applicable net proceeds or Consolidated Excess Cash FlowFlow and compensation owing to Lenders under any of the Credit Documents, if any, as the case may be. In the event that the Borrower Representative Companies shall subsequently determine that the actual amount received exceeded the amount set forth in such certificate, the U.S. Borrower Companies shall promptly make an additional prepayment of the Term Loans and/or the Revolving Commitments shall be permanently reduced in an amount equal to such excess, and the Borrower Company Representative shall concurrently therewith deliver to the Administrative Agent (who shall promptly forward to each Lender) a certificate of an Authorized a Chief Financial Officer demonstrating the derivation of such excess.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (OneWater Marine Inc.)
Prepayment Certificate. Concurrently with any prepayment of the Loans and/or reduction of the Revolving Commitments pursuant to Sections 2.14(a) through 2.14(g2.13(a)-(h), the Borrower Representative Borrowers shall deliver to the Administrative Agent a certificate of an Authorized Officer demonstrating the calculation of the amount of the applicable net proceeds or proceeds, Consolidated Excess Cash FlowFlow or other applicable financial tests or proceeds giving rise to the prepayment, as the case may be. In the event that the Borrower Representative Company or any of its Subsidiaries shall subsequently determine that the actual amount received exceeded the amount set forth in such certificate, the U.S. Applicable Borrower shall promptly make an additional prepayment of the Term Loans and/or the Revolving Commitments shall be permanently reduced in an amount equal to such excess, and the Borrower Representative Borrowers shall concurrently therewith deliver to the Administrative Agent a certificate of an Authorized Officer demonstrating the derivation of such excess.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Syntax-Brillian Corp)
Prepayment Certificate. Concurrently with any prepayment of the Loans and/or reduction of the Revolving Commitments pursuant to Sections 2.14(a2.13(a) through 2.14(g2.13(e), the Borrower Representative Company shall deliver to the Administrative Agent a certificate of an Authorized Officer demonstrating the calculation of the amount of the applicable net Net Proceeds, Net Insurance/Condemnation Proceeds, cash proceeds from Subordinated Indebtedness or Consolidated Excess Cash Flow, as the case may be. In the event that the Borrower Representative Company shall subsequently determine that the actual amount received exceeded the amount set forth in such certificate, the U.S. Borrower Company shall promptly make an additional prepayment of the Term Loans and/or the Revolving Commitments shall be permanently reduced in an amount equal to such excess, and the Borrower Representative Company shall concurrently therewith deliver to the Administrative Agent a certificate of an Authorized Officer demonstrating the derivation of such excess.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Entravision Communications Corp)
Prepayment Certificate. Concurrently with any prepayment of the Loans and/or reduction of the Revolving Commitments pursuant to Sections 2.14(a2.13(a) through 2.14(g), the 2.13(e) Borrower Representative shall deliver to the Administrative Agent a certificate of an Authorized Officer demonstrating the calculation of the amount of the applicable net proceeds or Consolidated Excess Cash Flowand compensation owing to Lenders under Section 2.10 and 2.12(a)(iii) in each case, if any, as the case may be. In the event that the Borrower Representative shall subsequently determine that the actual amount received exceeded the amount set forth in such certificate, the U.S. Borrower shall promptly make an additional prepayment of the Term Loans and/or the Revolving Commitments shall be permanently reduced in an amount equal to such excess, and the Borrower Representative shall concurrently therewith deliver to the Administrative Agent a certificate of an Authorized Officer demonstrating the derivation of such excess.
Appears in 1 contract