Proceeds of Certain Events Sample Clauses

Proceeds of Certain Events. Concurrently with the receipt by any Borrower or any Subsidiary of: (a) Net Cash Sale Proceeds from Asset Sales; (b) Net Cash Equity Issuance Proceeds with respect to any Equity Issuance by any Borrower or any of its Subsidiaries; (c) Net Cash Indebtedness Issuance Proceeds (other than Excluded Indebtedness) with respect to any Indebtedness Issuance by any Borrower or any of its Subsidiaries; or (d) proceeds in excess of $250,000 in the aggregate received from Casualty Events by any Borrower or any of its Subsidiaries which have not been committed (as evidenced by a binding written contract) by such Borrower or such Subsidiary within ninety (90) days of receipt of such proceeds to the repair or replacement of the property so damaged, destroyed or taken, or, if so committed, such repair or replacement of the property so damaged, destroyed or taken shall have not commenced within ninety (90) days of receipt of such proceeds pursuant to such binding written contract (provided, however, if a Default or Event of Default has occurred and is continuing, such proceeds shall be immediately paid to the Administrative Agent); the Borrowers shall pay to the Administrative Agent for the respective accounts of the Lenders an amount equal to one hundred percent (100%) of such proceeds, to be applied in the manner set forth in §4.3.4.

Proceeds of Certain Events. Concurrently with the receipt (after the Closing Date) by the Borrowers or any of their Subsidiaries of, (a) subject to the reinvestment provisions of § 10.5.2, Net Cash Sale Proceeds in excess of $1,000,000 per annum from Asset Sales (other than proceeds from the sale, lease, license or other disposition of assets in the ordinary course of business consistent with past practices), then the Borrowers shall pay to the Administrative Agent for the respective accounts of the Lenders an amount equal to one hundred percent (100%) of such proceeds, to be applied in the manner set forth in § 4.2 or § 4.3, as applicable; or (b) proceeds relating to (i) Casualty Events, less reasonable expenses relating to such Casualty Events, which have not been reinvested in the Borrowers’ business within two hundred and seventy (270) days of receipt of such proceeds, then the Borrowers shall pay to the Administrative Agent for the respective accounts of the Lenders an amount equal to one hundred percent (100%) of such proceeds, to be applied in the manner set forth in § 4.2 or, if applicable, § 4.3, provided that, if within such 270-day period after the earlier to occur of receipt of such proceeds by the Borrowers or receipt of such proceeds by the Administrative Agent, the Borrowers enter into an agreement (which may be a purchase order) pursuant to which such reinvestment shall be made, a copy of which shall be provided to the Administrative Agent, then the Borrowers shall not be required to prepay the Revolving Credit Loans in accordance with § 4.3, and (ii) any tax refund with respect to any taxable year.

Proceeds of Certain Events. Concurrently with the receipt by any Borrower or any Subsidiary of: (a) Net Cash Sale Proceeds in excess of $500,000 per annum from Asset Sales (other than in connection with Permitted Sale-Leasebacks) where such Asset Sale is either permitted pursuant to ss.

Proceeds of Certain Events. Concurrently with the receipt by the Borrower or any Subsidiary of Net Cash Equity Issuance Proceeds of the Borrower or any of its Subsidiaries, the Borrower shall pay to the Administrative Agent for the respective accounts of the Lenders an amount equal to one hundred percent (100%) of such proceeds, to be applied to reduce the outstanding amount of the Revolving Credit Loans (and, for the avoidance of doubt, will not require any mandatory reduction in the Total Commitment), PROVIDED, HOWEVER, notwithstanding the foregoing, to the extent the Borrower or any Subsidiary receives any Net Cash Equity Issuance Proceeds directly from the sale of a Subsidiary which is expressly permitted by the terms of this Credit Agreement, the Borrower shall not be required to pay such proceeds to the Lenders so long as no Default or Event of Default has occurred and is continuing both immediately prior to, and immediately after, receiving such Net Cash Equity Issuance Proceeds. Such mandatory prepayments shall be allocated among the Lenders in proportion, as nearly as practicable, to the respective outstanding amounts of each Lender's Revolving Credit Note, with adjustments to the extent practicable to equalize any prior prepayments not exactly in proportion.

Proceeds of Certain Events. Concurrently with the receipt by the Parent or any of its Subsidiaries of: (a) Net Cash Sale Proceeds in excess of $50,000,000 from Asset Sales (other than the sale, lease, license or other disposition of assets in the ordinary course of business consistent with past practices); (b) Net Cash Equity Issuance Proceeds in excess of $50,000,000 from Equity Issuances; or (c) net cash proceeds in excess of $50,000,000 from any issuance of Indebtedness permitted byss.8.1(d). then the Borrowers jointly and severally agree to pay to the Administrative Agent for the respective accounts of the Lenders an amount equal to one hundred percent (100%) of such proceeds, to be applied to reduce the outstanding amount of the Revolving Credit Loans and to permanently reduce the Total Commitment by such amount. Such mandatory prepayments shall be allocated among the Lenders in proportion, as nearly as practicable, to the respective outstanding amounts of each Lender's Revolving Credit Note, with adjustments to the extent practicable to equalize any prior prepayments not exactly in proportion.

Proceeds of Certain Events. Within three (3) Business Days of the receipt by any Consolidated Party of: (1) Net Cash Sale Proceeds in excess of $1,000,000 in the aggregate in any fiscal year of C▇▇▇▇▇▇▇ to the extent such Net Cash Sale Proceeds have not been reinvested in other assets or property used or useful in the business of the Consolidated Parties within one hundred and eighty (180) days of receipt of such proceeds (provided, however, if an Event of Default exists at the time of, or after receipt of, such Net Cash Sale Proceeds, all such proceeds shall not be reinvested and shall be immediately paid to the Administrative Agent); (2) Net Cash Equity Issuance Proceeds of any Consolidated Party; (3) Net Cash Debt Issuance Proceeds of any Consolidated Party; or (4) Cash proceeds in excess of $1,000,000 in the aggregate in any fiscal year of C▇▇▇▇▇▇▇ received from Casualty Events by any Consolidated Party which have not been reinvested by such Consolidated Party within one hundred and eighty (180) days of receipt of such proceeds in the repair or replacement of the property so damaged, destroyed or taken (provided, however, if an Event of Default exists at the time of, or after receipt of, such Net Cash Sale Proceeds, such proceeds shall not be invested and shall be immediately paid to the Administrative Agent); the Borrowers shall cause such Consolidated Party to pay to the Administrative Agent for the respective accounts of the Lenders an amount equal to one hundred percent (100%) of (i) such Net Cash Sale Proceeds in excess of $1,000,000 received by any Consolidated Party, (ii) such Net Cash Equity Issuance Proceeds, (iii) such Net Cash Debt Issuance Proceeds; and (iv) such cash proceeds in excess of $1,000,000 received by any Consolidated Party with respect to any Casualty Event in accordance with clause (4) above, each to be applied in the manner set forth in clause (vi) below.

Proceeds of Certain Events. Concurrently with the receipt by the Borrower or any Subsidiary of: (a) Net Cash Sale Proceeds from Asset Sales (other than Asset Sales pursuant to which the value of the assets sold, transferred or otherwise disposed of in any twelve consecutive calendar month period does not exceed, in the aggregate, the lesser of (i) five percent (5%) of the Borrower’s total assets and (ii) five percent (5%) of the Consolidated EBITDA for the twelve consecutive calendar months most recently ended); (b) Net Cash Equity Issuance Proceeds of the Borrower or any of its Subsidiaries; or (c) proceeds received from Casualty Events by the Borrower or any of its Subsidiaries which have not been reinvested in the repair or replacement of the property so damaged, destroyed or taken within one hundred twenty (120) days of receipt of such proceeds (provided, however, if a Default or Event of Default has occurred and is continuing, such proceeds shall be immediately paid to the Agent); the Borrower shall pay to the Agent for the respective accounts of the Banks an amount equal to one hundred percent (100%) of such proceeds, to be applied in the manner set forth in §3.2.3.

Proceeds of Certain Events. Concurrently with the receipt by the Borrower or any Subsidiary of: (a) Subject to the reinvestment provisions of Section 10.5.2, Net Cash Sale Proceeds in excess of $500,000 per annum from Asset Sales (other than the sale, lease, license or other disposition of assets in the ordinary course of business consistent with past practices) or Sale-Leasebacks, provided, however, that, the Net Cash Sale Proceeds received by the Borrower in respect of the sales of the Stores located in Atlanta, Georgia and Scottsdale, Arizona, shall only be required to be repaid pursuant to this 4.3.3 (a) to the extent that such Net Cash Sale Proceeds are not reinvested in such Stores; (b) Net Cash Equity Issuance Proceeds of the Borrower or any of its Subsidiaries; (excluding (i) any such sale or issuance to its existing shareholders other than in connection with a public offering of the equity securities of such Person, and (ii) the sale or issuance to any employee or director of such Person pursuant to any stock option plan approved by the board of directors of such Person in the ordinary course of business, provided, however, that such sales or issuances described in (i) and (ii) shall not exceed $500,000 in the aggregate); (c) Net Cash Debt Issuance Proceeds of the Borrower or any of its Subsidiaries; or (d) proceeds in excess of $500,000 in the aggregate received from Casualty Events by the Borrower or any of its Subsidiaries which have not been committed (as evidenced by a binding written contract) by the Borrower or such Subsidiary within two hundred seventy (270) days of receipt of such proceeds to the repair or replacement of the property so damaged, destroyed or taken, or, if so committed, such repair or replacement of the property so damaged, destroyed or taken shall have not commenced within two hundred seventy (270) days of receipt of such proceeds pursuant to such binding written contract (provided, however, if a Default or Event of Default has occurred and is continuing, such proceeds shall be immediately paid to the Administrative Agent); the Borrower shall pay to the Administrative Agent for the respective accounts of the Lenders an amount equal to one hundred percent (100%) of such proceeds, to be applied in the manner set forth in Section 4.3.4.

Proceeds of Certain Events. In addition to the weekly payments, Maker shall pay to Holder as an additional principal payment of fifty percent of the net proceeds actually received by Maker, if and when received, of the following events: (i) proceeds from the sale of beneficial interests in real properties owned by Maker located in Kent, Washington and/or Yuma, Arizona; and, (2) refunds received from A I Credit, AIG Insurance and Arch Insurance.