Specified Restricted Payment definition

Specified Restricted Payment means any Restricted Payment pursuant to Section 8.06(e).

Specified Restricted Payment means any Restricted Payment pursuant to Section 7.07(a)(vi).

Specified Restricted Payment means any Restricted Payment permitted to be made under this Agreement so long as immediately prior to and immediately after giving effect (including giving effect on a Pro Forma Basis) to such Restricted Payment the aggregate amount of unrestricted and unencumbered cash and Cash Equivalents of Holdings and its Subsidiaries is at least $25,000,000.

Examples of Specified Restricted Payment in a sentence

• Subject to the terms and conditions of this letter agreement (this “ Letter Agreement”), the Administrative Agent and the Lenders hereby consent to the making of the 2013 Specified Restricted Payment; provided that such consent shall be rescinded and of no further force and effect if the 2013 Specified Restricted Payment have not occurred on or before September 3, 2013.

• Accordingly, the Lead Borrower has requested that the Administrative Agent and the Lenders consent to the making of the 2013 Specified Restricted Payment notwithstanding the restrictions set forth in Section 6.06(a) of the Credit Agreement.

• It is hereby agreed to and understood by the parties that this consent is a one-time consent related to the making of the 2013 Specified Restricted Payment made with $25,000,000 consisting of cash on hand only and is not an amendment to the Credit Agreement with respect to any other restrictions on Restricted Payments on any other occasion, nor is it a waiver of any Default or Event of Default now existing or hereafter arising under the Credit Agreement.

• Absent the consent of the Required Lenders, the making of the 2013 Specified Restricted Payment would constitute an Event of Default under Section 7.01(d) as a result of a violation of Section 6.06(a) of the Credit Agreement.

More Definitions of Specified Restricted Payment

Specified Restricted Payment means any Restricted Payment pursuant to Section 6.08(a)(viii) or 6.08(a)(xii).

Specified Restricted Payment means the repurchase of the Borrower’s Equity Interests made on October 6, 2020.

Specified Restricted Payment means any Restricted Payment with respect to which the Payments Conditions apply.

Specified Restricted Payment means that certain purchase by the Parent of Equity Interests issued by the Parent in the amount of $22,204,000, that occurred on November 16, 2022.

Specified Restricted Payment means a Restricted Payment referred to in clauses (1), (2), and (4) of Section 4.05(a).

Specified Restricted Payment means any Restricted Payment permitted to be made under this Agreement so long as immediately prior to and immediately after giving effect (including giving effect on a Pro Forma Basis) to such Restricted Payment the aggregate amount of unrestricted and unencumbered cash and Cash Equivalents of Holdings and its Subsidiaries is at least $35,000,000.

Specified Restricted Payment means any Restricted Payment pursuant to Section 8.06(e). “Specified Third Amendment Credit Availability Improvements” means, at any date of determination, the aggregate amount of additional credit made available to the Loan Parties and their Subsidiaries pursuant to the amendments to this Agreement set forth in the Third Amendment. “Specified Transaction” means each Specified Debt Payment, Specified Investment, and Specified Restricted Payment. “Subordinated Debt” means Indebtedness of any Loan Party or Subsidiary thereof which is expressly subordinated in right of payment to Payment in Full and which is in form and on terms satisfactory to, and approved in writing by, the Administrative Agent (including, without limitation, the obligations under the Master Intercompany Note). For avoidance of doubt, the Term Loan Debt shall not constitute Subordinated Debt. “Subordinated Debt Documents” means any documents evidencing, or otherwise relating to, any Subordinated Debt, including, without limitation, the Master Intercompany Note, and any other subordination agreement entered into with respect to Subordinated Debt. “Subordination Agreement” means each of (a) the Master Intercompany Note, and (b) any other written subordination agreement with respect to Subordinated Debt by and among Administrative Agent, the holder(s) of such Subordinated Debt, the issuer(s) of such Subordinated Debt and the other parties thereto, which agreement subordinates all of such Subordinated Debt to Payment in Full of all Obligations and is otherwise on subordination terms satisfactory to Administrative Agent, in its discretion. For avoidance of doubt, the Term Loan Intercreditor Agreement shall not constitute a Subordination Agreement. “Subordination Provisions” means any provision relating to payment or lien subordination applicable to or contained in any documents (including, without limitation, any such provisions contained in the Master Intercompany Note or the Term Loan Intercreditor Agreement). “Subsidiary” of a Person means a corporation, partnership, joint venture, limited liability company or other business entity (but not a representative office of such Person) of which a majority of the shares of securities or other interests having ordinary voting power for the election of directors or other governing body (other than securities or interests having such power only by reason of the happening of a contingency) are at the time beneficially owned, or the management of which ...