Common use of AHYDO Catch-Up Payment Clause in Contracts

AHYDO Catch-Up Payment. If a Loan would otherwise constitute an “applicable high yield discount obligation” within the meaning of Section 163(i) of the Code (or any successor provision), on each Payment Date ending on or after the fifth anniversary of the date hereof, Borrower shall make a mandatory prepayment for cash of a portion of such Loan outstanding at such time at par plus any accrued interest thereon as shall be necessary to ensure the Loan shall not be considered an “applicable high yield discount obligation.”

Appears in 4 contracts

Sources: Term Loan Agreement, Term Loan Agreement (ViewRay, Inc.), Term Loan Agreement (ViewRay, Inc.)

AHYDO Catch-Up Payment. If a Loan would otherwise constitute an “applicable high yield discount obligation” within the meaning of Section 163(i) of the Code (or any successor provision)Code, on each Payment Date ending on or after the fifth anniversary of the date hereofEffective Date, Borrower shall make pay in cash a mandatory prepayment for cash minimum amount of a portion of such Loan outstanding at such time at par plus any interest (including original issue discount) that has been previously accrued interest thereon and unpaid, as shall be necessary to ensure the Loan shall not be considered an “applicable high yield discount obligation.

Appears in 1 contract

Sources: Term Loan Agreement (Nevro Corp)