Specified Payments definition
Examples of Specified Payments in a sentence
Upon the effectiveness of this Amendment, the Purchaser also hereby waives any Event of Default that may occur under Section 10.5(ii) of the Note Purchase Agreement for any of the fiscal quarters ending March 31, 2012, June 30, 2012, September 30, 2012 and December 31, 2012 solely as a result of the Specified Payments (but no other Restricted Payments).
For the avoidance of doubt, the Specified Payments shall be included as “Restricted Payments” for all purposes under the Note Purchase Agreement, including, without limitation, (i) determining the aggregate amount of Restricted Payments as of March 31, 2012, June 30, 2012, September 30, 2012 and December 31, 2012 for the period of four fiscal quarters ending on each such date, that are permitted to be made under Section 10.5(ii) of the Note Purchase Agreement, and (ii) determining the LC Termination Date.
For the avoidance of doubt, Specified Payments shall not constitute Distributions.
These amounts shall be distributed by the New Manager from its own assets (and not from the assets of any plan) (the "Specified Payments").
On the Amendment Date, the Hedge Provider will execute and deliver in escrow, to be held until the Deferred Payment Date, the Amendment No.2 to Intercreditor Agreement, provided that such Amendment No.2 to Intercreditor Agreement will not become effective until (a) execution and delivery by all other parties thereto, and (b) Hedge Provider’s receipt of payment in full in immediately available funds on the Deferred Payment Date of all Specified Payments and accrued interest thereon.