Excess Cash Flow Application Date definition

Excess Cash Flow Application Date as defined in Section 2.12(c).

Excess Cash Flow Application Date has the meaning specified in Section 4.3(a).

Excess Cash Flow Application Date shall have the meaning set forth in Section 5.2(b).

Examples of Excess Cash Flow Application Date in a sentence

• If, for any Fiscal Year of the Borrower commencing with the Fiscal Year ending December 31, 2008, there shall be Excess Cash Flow, the Borrower shall, no later than the relevant Excess Cash Flow Application Date, apply Seventy-Five Percent (75%) of such Excess Cash Flow toward the prepayment of the Term Loan as set forth in Section 3.2.

• The provisions of this Section do not constitute a consent to the consummation of any Disposition not permitted by Section 7.5. (c) Unless the Required Prepayment Lenders shall otherwise agree, if, for any fiscal year of the Borrower commencing with the fiscal year ending December 31, 2003, there shall be Excess Cash Flow, then, on the relevant Excess Cash Flow Application Date, the Loans shall be prepaid by an amount equal to 50% of such Excess Cash Flow, as set forth in Section 2.11(e).

• Each such prepayment and commitment reduction shall be made on a date (an "Excess Cash Flow Application Date") no later than June 30 of the year following the fiscal year with respect to which such prepayment is made.

• If, for any fiscal year of Borrower, there shall be Excess Cash Flow, Borrower shall, on the relevant Excess Cash Flow Application Date (as hereinafter defined), apply an amount equal to 75% of such Excess Cash Flow toward the prepayment of the Term Loan.

• Beginning on an Excess Cash Flow Application Date and on each Payment Date thereafter, Borrower shall cause Mortgage Borrower to make payments of Excess Cash Flow shall be payable in accordance with the provisions of Section 3.1 of the Mortgage Loan Agreement.

More Definitions of Excess Cash Flow Application Date

Excess Cash Flow Application Date has the meaning assigned to such term in Section 2.10(b)(ii).

Excess Cash Flow Application Date means the fifth Business Day after the earlier of (i) the date on which the financial statements of the Borrower referred to in Section 7.1(a), for the Fiscal Year with respect to which such prepayment is made, are required to be delivered to the Lender, and (ii) the date such financial statements are actually delivered.

Excess Cash Flow Application Date has the meaning specified in Section 2.05(b)(vi).

Excess Cash Flow Application Date for any such prepayment shall be a date no later than five Business Days after the earlier of (A) the date on which financial statements of the Company referred to in Section 5.01(a) for the fiscal year with respect to which such prepayment is made are required to be delivered to the Administrative Agent and (B) the date the financial statements referred to in clause (A) above are actually delivered.

Excess Cash Flow Application Date for any such prepayment shall be a date no later than five Business Days after the date on which financial statements of the Borrower referred to in Section 5.01(a) for the fiscal year with respect to which such prepayment is made are delivered to the Administrative Agent (or if such financial statements shall not be delivered in conformity with the terms hereof, five Business Days after the date such financial statements were required to be delivered). Notwithstanding the foregoing, amounts required to prepay Loans under this sub-clause (z) may be shared (and to the extent shared shall reduce the prepayment requirement under this sub-clause (z)) with permitted Indebtedness for borrowed money secured by Liens on the Collateral on a pari passu basis with the Liens securing the Obligations (but only to the extent required under the documentation governing such secured Indebtedness), pro rata based on the respective outstanding principal amounts under this Agreement and of the loans thereunder as of the end of the period covered by the applicable financial statements (treating, for such purpose, as outstanding loans, the aggregate outstanding LC Exposure and the unused portion of the Commitments).

Excess Cash Flow Application Date no later than five days after the earlier of (i) the date on which the financial statements of the Borrower referred to in Section 7.1(a), for the fiscal year with respect to which such prepayment is made, are required to be delivered to the Lenders and (ii) the date such financial statements are actually delivered.

Excess Cash Flow Application Date has the meaning set forth in Section 2.11(c). “Excess Cash Flow Period” means each fiscal year of the Borrower, commencing with the fiscal year ending December 31, 2020. “Exchange Act” means the Securities Exchange Act of 1934, as amended. “Excluded Subsidiary” means (a) any Unrestricted Subsidiary, (b) any Immaterial Subsidiary, (c) any non-Wholly Owned Subsidiary, (d) any Subsidiary that is prohibited or restricted by applicable law, rule or regulation or by any contractual obligation existing on the Closing Date or on the date such Subsidiary was acquired (so long as such contractual obligation was not entered into in contemplation of such acquisition) from guaranteeing the Obligations or which would require a governmental (including regulatory) consent, approval, license or authorization to provide a guarantee unless such consent, approval, license or authorization has been received, (e) any CFC or CFC Holding Company, (f) any Domestic Subsidiary of a Foreign Subsidiary, (g) not-for-profit Subsidiaries and captive insurance companies, (h) the Insurance Subsidiary and (i) any Subsidiary whose provision of a guarantee would have a cost that is excessive in relation to the value afforded thereby as determined by the Administrative Agent in its reasonable discretion. Each Excluded Subsidiary as of the Closing Date is set forth on Schedule 4.15. “Excluded Taxes” means any of the following Taxes imposed on or with respect to a Credit Party or required to be withheld or deducted from a payment to a Credit Party, (a) Taxes imposed on or measured by net income (however denominated), franchise Taxes, and branch profits Taxes, in each case, (i) imposed as a result of a Credit Party being organized under the laws of, or having its principal office or, in the case of any Lender, its applicable lending office located in, the jurisdiction imposing such Tax (or any political subdivision thereof) or (ii) that are Other Connection Taxes, (b) in the case of a Lender, U.S. federal withholding Taxes imposed on amounts payable to or for the account of a Lender with respect to an applicable interest in a Loan or Commitment pursuant to a law in effect on the date on which (i) a Lender acquires such interest in the Loan or Commitment (other than pursuant to an assignment request by the Borrower under Section 2.22) or (ii) a Lender changes its lending office, except in each case to the extent that, pursuant to Section 2.19, amounts with respect to such Taxes were payable either...