ECF Payment definition
Examples of ECF Payment in a sentence
To the extent the Borrower does not so repatriate the applicable percentage of Restricted ECF, the Borrower shall prepay Term Loans in an aggregate amount equal to the corresponding Restricted ECF Payment Amount for the applicable fiscal year on or prior to the first anniversary of the date that the original payment was required to have been made pursuant to the terms of this Section 2.13(c).
On or before the date of each Estimated ECF Payment required pursuant to the foregoing clause (A) or True-Up ECF Payment required or that would be required pursuant to the foregoing clause (B), Borrower shall deliver to the Agent and the Lenders a calculation of the Estimated ECF Payment or True-Up ECF Payment (or, if applicable, the excess of the Estimated ECF Payment over actual Excess Cash Flow), as applicable, certified by a Responsible Officer of the Borrower.
This Section 1.15 shall not limit the rights of the Administrative Agent or the Lenders with respect to Sections 2.8(c) and 11.1; provided that any underpayment due to change in Applicable Margin or Commitment Fee Rate or incorrect calculation of the ECF Payment Amount or the Net Cash Proceeds shall not in itself constitute a Default or Event of Default under Section 11.1 so long as such additional interest or fees are paid within the 15-day period set forth above.
If the Original ECF Amount exceeds the Adjusted ECF Amount, then on the ECF Payment Date for the next succeeding fiscal year, the Excess Cash Flow Payment due for such next succeeding fiscal year shall be reduced by an amount equal to the lesser of (1) the resulting decrease in the amount of Excess Cash Flow Payment if such payment had been calculated based on the Adjusted ECF Amount or (2) 15% of EBITDA for such fiscal year.
Not later than fifteen (15) Business Days after the date on which financial statements are required to be delivered pursuant to Section 9.1(a) for any fiscal year, commencing with the fiscal year ending on or about December 31, 2024, a certificate of an Authorized Officer of the Borrower setting forth the ECF Payment Amount for the most recently completed Excess Cash Flow Period.
In the event that any calculation of any ECF Payment Amount or the amount of Net Cash Proceeds is inaccurate and such inaccuracy, if corrected, would have led to a payment obligation under Section 5.1(b) (after giving effect to all credits and threshold amounts thereunder), the Borrower shall within fifteen (15) days after the discovery of such inaccuracy, cause an amount equal to such shortfall to be offered for prepayment pursuant to Section 5.1(b), as applicable.
The 2020 ECF Payment Settlement shall provide the Debtors, and the Supporting Term Lenders agree, that the Debtors shall satisfy their obligation to make the 2020 ECF Payment with a payment in cash in the amount of $114 million to be made solely to the term lenders under the Existing Credit Agreement for application against the term loans under the Existing Credit Agreement.
Section 13.16 “Q2 ECF Payment Amount” ................................................................
If the Adjusted ECF Amount exceeds the Original ECF Amount, then on the ECF Payment Date for the next succeeding fiscal year, Borrower shall make an additional prepayment to Bank in an amount equal to the lesser of (1) the resulting increase in the Excess Cash Flow Payment if such payment had been calculated based on the Adjusted ECF Amount or (2) 15% of EBITDA for such fiscal year.
On the ECF Payment Date of each year (if applicable), Borrower shall make an additional principal payment equal to fifty (50%) percent of the Excess Cash Flow (this additional payment will be applied to the most remote payment of principal due under this Agreement).