Excess Cash Flow Recapture. On the date that Access receives Strategic’s financial statements for a Positive Excess Cash Flow Quarter, Strategic shall (x) pay to Access an amount equal to 50% of positive Excess Cash Flow for such Positive Excess Cash Flow Quarter, which amount shall be applied to the Indebtedness in such order as Access shall elect in its discretion, and (y) retain in escrow for Access the remaining 50% of positive Excess Cash Flow for such Positive Excess Cash Flow Quarter (the “Reserve Amount”).
Appears in 3 contracts
Sources: Refinancing Agreement (Consonus Technologies, Inc.), Refinancing Agreement (Consonus Technologies, Inc.), Refinancing Agreement (Consonus Technologies, Inc.)