Restricted Payment Conditions Sample Clauses
Restricted Payment Conditions. Notwithstanding anything to the contrary contained in this Section 5, the Borrower may not prepay any Term Loans under this Section 5 unless (i) after giving effect to such payment, each of the Restricted Payment Conditions is satisfied on a pro forma basis and, any such amounts that would otherwise have been paid in respect of Term Loans (but for this Section 5.2(f)) shall instead be applied as prepayments of Revolving Loans or (ii) in the case of any prepayment under Section 5.1, such prepayment is made with the proceeds of Permitted Refinancing Indebtedness to the extent permitted by Section 10.7.
Restricted Payment Conditions. Notwithstanding anything to the contrary contained in this Section 5, the Borrower may not prepay any Term Loans (other than the Initial Term Loans) or Permitted Pari Term Loans under this Section 5 unless (i) either (x) each of the FCF Payment Conditions is satisfied on a pro forma basis after giving effect to such payments and the amount of such payment does not exceed one hundred percent (100%) of Distributable Free Cash Flow at the time made, or (y) each of the Unlimited Payment Conditions is satisfied on a pro forma basis after giving effect to such payments or (ii) in the case of any prepayment under Section 5.1, such prepayment is made with the proceeds of Permitted Refinancing Indebtedness to the extent permitted by Section 10.7.
Restricted Payment Conditions to the extent this Agreement or a Loan Document requires that a Restricted Payment comply with the Restricted Payment Conditions, such payment shall be subject to the following conditions: prior to and after giving effect to such payment (a) no Default or Event of Default exists or is caused thereby; and (b) upon giving pro forma effect to such payment, (i) Borrowers shall have maintained, for the 60 day period immediately preceding such payment, Average Daily Availability of not less than 50% (or, in the case of Restricted Payments under clause (b) of such definition, 25%) of the Maximum Revolver Amount, (ii) Borrowers shall have, immediately after giving effect to such payment, Availability of not less than 50% (or, in the case of Restricted Payments under clause (b) of such definition, 25%) of the Maximum Revolver Amount; and (iii) the Fixed Charge Coverage Ratio for the twelve month period preceding the month in which the proposed payment is to be made, is not less than 1.25 : 1.0 (or, in the case of Restricted Payments under clause (b) of such definition, 1.0 : 1.0), which shall be calculated on a pro forma basis as if such payment was made during such twelve month period.