Common use of Excess Cash Flow Clause in Contracts

Excess Cash Flow. Within 90 days after each fiscal year of the Borrower, commencing with the fiscal year ended December 31, 2010, if the Borrower’s Leverage Ratio for any such fiscal year is equal to or greater than 2.0 to 1.0, the Borrower shall prepay the principal of the Loans in an aggregate amount (an “Excess Cash Flow Prepayment Amount”) at least equal to 50% of Excess Cash Flow for such fiscal year with such amount, if any, to be applied as set forth in Section 5.1(d) below.

Excess Cash Flow. Within 90 120 days after the end of each fiscal year of the Borrower, commencing Borrower (beginning with the fiscal year ended ending December 31, 2010, if the Borrower’s Leverage Ratio for any such fiscal year is equal to or greater than 2.0 to 1.02002), the Borrower shall prepay the principal of the Loans Term Loan in an aggregate amount (an “Excess Cash Flow Prepayment Amount”) at least equal to 50% of the Excess Cash Flow for such prior fiscal year with such amount, if any, to be applied as set forth in Section 5.1(d) belowyear.

Excess Cash Flow. Within 90 In the event that there shall be Excess Cash Flow for any fiscal year (commencing with fiscal year 2004, but only with respect to periods beginning on or after the Closing Date) of the Loan Parties on a Consolidated Basis, Borrowers shall, no later than one hundred-five (105) days after each fiscal year the end of the Borrower, commencing with the fiscal year ended December 31, 2010, if the Borrower’s Leverage Ratio for any such fiscal year is equal to or greater than 2.0 to 1.0year, the Borrower shall prepay the principal of the Loans Advances as set forth in clause (c) below in an aggregate amount (an “equal to 50.0% of such Excess Cash Flow Prepayment Amount”) at least equal to 50% of Excess Cash Flow for such fiscal year with such amount, if any, to be applied as set forth in Section 5.1(d) belowFlow.

Excess Cash Flow. Within 90 days after each fiscal year of the BorrowerBorrowers, commencing with the financial statements of the Borrowers for the fiscal year ended ending December 31, 20102006, if in which the Borrower’s Total Leverage Ratio for as of the end of any such fiscal year is equal to or greater than 2.0 3.50 to 1.01.00, the Borrower Borrowers shall prepay the principal of the Term Loans in an aggregate amount (an “Excess Cash Flow Prepayment Amount”) at least equal to 50% of the amount of Excess Cash Flow for such fiscal year year, with such amount, if any, amount to be applied as set forth in Section 5.1(d2.13(d) below.

Excess Cash Flow. Within 90 one hundred ten (110) days after the end of each fiscal year of the Borrower, (commencing with the fiscal year ended December 31ending November 30, 20102008), if the Borrower’s Leverage Ratio for any as of the end of such fiscal year is equal to or (i) greater than 2.0 3.0 to 1.0, the Borrower shall prepay the principal of the Loans in an aggregate amount (an “Excess Cash Flow Prepayment Amount”) at least equal to 50% of the Excess Cash Flow for such fiscal year with such amountand (b) less than or equal to 3.0 to 1.0, if any, to then no annual Excess Cash Flow prepayment shall be required. Any payments of Excess Cash Flow shall be applied as set forth in Section 5.1(dclause (x) below.

Excess Cash Flow. Within 90 days after each In the event that there shall be Excess Cash Flow for any fiscal year of the Borroweryear, commencing with the fiscal year ended ending December 31, 2010, if the Borrower’s Leverage Ratio for any such fiscal year is equal to or greater than 2.0 to 1.02019, the Borrower shall shall, not later than ninety (90) days after the end of such fiscal year, prepay the principal of the Loans in an aggregate amount (an “equal to 100% of such Excess Cash Flow Prepayment Amount”) at least equal to 50Flow; provided that such prepayment percentage shall be 75% if, the Consolidated Total Leverage Ratio as of Excess Cash Flow for the last day of the Test Period ending on the last day of such fiscal year with such amount, if any, to shall be applied as set forth in Section 5.1(d) below6.00:1.00 or less.

Excess Cash Flow. Within 90 100 days after the end of each fiscal year of the Borrower, (commencing with the fiscal year ended December 31ending June 30, 20102002), the Borrower shall prepay the Loans in an amount equal to 75% (if the Borrower’s Senior Leverage Ratio for any as of the end of such fiscal year is equal to or greater than 2.0 to 1.0, ) or 50% (if the Borrower shall prepay the principal Senior Leverage Ratio as of the Loans in an aggregate amount (an “Excess Cash Flow Prepayment Amount”end of such fiscal year is less than 2.0 to 1.0) at least equal to 50% of Excess Cash Flow for such prior fiscal year with (such amount, if any, prepayment to be applied as set forth in Section 5.1(dclause (vii) below).

Excess Cash Flow. Within 90 days after the end of each fiscal year of the Borrower, (commencing with the fiscal year ended ending December 31, 2010, if the Borrower’s Leverage Ratio for any such fiscal year is equal to or greater than 2.0 to 1.02000), the Borrower shall prepay the principal of the Loans in an aggregate amount (an “Excess Cash Flow Prepayment Amount”) at least equal to 50% of the Excess Cash Flow for earned during such prior fiscal year; provided, however, that no prepayment shall be required pursuant to this Section 2.8(b)(v), if the Leverage Ratio shall be less than or equal to 3.25 to 1.0 as of the end of such fiscal year with (such amount, if any, prepayment to be applied as set forth in Section 5.1(dclause (vi) below).

Excess Cash Flow. Within 90 one hundred ten (110) days after the end of each fiscal year of the Borrower, (commencing with the fiscal year ended December 31ending November 30, 2010, if the Borrower’s Leverage Ratio for any such fiscal year is equal to or greater than 2.0 to 1.02005), the Borrower shall prepay the principal of the Loans in an aggregate amount (an “Excess Cash Flow Prepayment Amount”) at least equal to 50% of the Excess Cash Flow for earned during such prior fiscal year with such amount, if any, to year. Any payments of Excess Cash Flow shall be applied as set forth in Section 5.1(dclause (viii) below.

Excess Cash Flow. Within 90 days after the end of each fiscal year of the Borrower, (commencing with the fiscal year ended ending December 31, 20102007), if the Borrower’s Leverage Ratio for any as of the end of such fiscal year is (A) equal to or greater than 2.0 2.50 to 1.0, the Borrower shall prepay the principal of Loans and cash collateralize the Loans LOC Obligations in an aggregate amount (an “Excess Cash Flow Prepayment Amount”) at least equal to 50% of the Excess Cash Flow for such fiscal year with (such amount, if any, prepayments to be applied as set forth in Section 5.1(dclause (vii) below) and (B) less than 2.50 to 1.0, then no annual Excess Cash Flow prepayment shall be required.

Excess Cash Flow. Within 90 No later than one hundred and twenty five (125) days after each fiscal year the end of the Borrower, any Fiscal Year commencing with the fiscal year ended Fiscal Year ending December 3128, 20102003, if at any Fiscal Year end the Borrower’s Total Leverage Ratio for any such fiscal year is equal exceeds 1.50 to or greater than 2.0 to 1.01.00, the Borrower shall prepay the make a mandatory principal repayment of the Loans in an aggregate amount (an “Excess Cash Flow Prepayment Amount”) at least equal to fifty percent (50% %) of Excess Cash Flow for such fiscal year with such amountFlow, if any, to for such Fiscal Year. Notwithstanding the foregoing, Excess Cash Flow computed for the Fiscal Year ending December 28, 2003 shall be applied as set forth in Section 5.1(d) belowfor the period from July 1, 2003 through December 28, 2003.

Excess Cash Flow. Within 90 thirty (30) days after the end of each fiscal year of the Borrower, (commencing with the fiscal year ended December 31ending April 30, 2010, if the Borrower’s Leverage Ratio for any such fiscal year is equal to or greater than 2.0 to 1.02008), the Borrower shall prepay the principal of the Loans in an aggregate amount (an “Excess Cash Flow Prepayment Amount”) at least equal to 50% of the Excess Cash Flow for earned during such prior fiscal year with such amount, if any, to year. Any payments of Excess Cash Flow shall be applied as set forth in Section 5.1(dclause (vii) below.

Excess Cash Flow. Within 90 ninety (90) days after the end of each fiscal year of the Borrower, (commencing with the fiscal year ended ending December 31, 2010, if the Borrower’s Leverage Ratio for any such fiscal year is equal to or greater than 2.0 to 1.02003), the Borrower Borrowers shall prepay the principal of the Loans in an aggregate amount equal to fifty percent (an “50%) of the Excess Cash Flow Prepayment Amount”) at least equal to 50% earned during such prior fiscal year. Any payments of Excess Cash Flow for such fiscal year with such amount, if any, to shall be applied as set forth in Section 5.1(dclause (viii) below.

Excess Cash Flow. Within 90 days after the end of each fiscal year of the Borrower, (commencing with the fiscal year ended ending December 31, 20102006), if the Borrower’s Leverage Ratio for any as of the end of such fiscal year is (i) equal to or greater than 2.0 to 1.0, the Borrower shall prepay the principal of the Loans in an aggregate amount (an “Excess Cash Flow Prepayment Amount”) at least equal to 50% of Excess Cash Flow for such fiscal year with such amount, if any, to be applied as set forth in Section 5.1(d) below.1.0 to

Excess Cash Flow. Within 90 days after each fiscal year of the Borrower, commencing Commencing with the fiscal year ended ending December 31, 20102018, if and for each fiscal year thereafter, and at such times as when the Borrower’s Leverage Ratio for any such as determined as of the end of the most recent fiscal year is greater than or equal to or greater than 2.0 to 1.0, the Borrower shall prepay the make a mandatory prepayment of principal of the Loans in an aggregate amount (an “Excess Cash Flow Prepayment Amount”) at least equal to 50% of Excess Cash Flow for such the immediately preceding fiscal year together with accrued interest on such amount, if any, to be applied as set forth in Section 5.1(dprincipal amount within ten (I 0) belowdays of delivery of the Borrower's audited annual financial statements for the preceding fiscal year.

Excess Cash Flow. Within 90 Not later than 100 days after the end of each fiscal year of the Borrower, Borrower commencing with the fiscal year ended ending December 31, 20102005, if the Borrower’s Leverage Ratio for any such fiscal year is equal to or greater than 2.0 to 1.0, the Borrower shall prepay the principal of the Loans in an aggregate principal amount (an “Excess Cash Flow Prepayment Amount”) at least equal to the excess of (x) 50% of Excess Cash Flow for such fiscal year with less (y) an amount equal to all voluntary prepayments of Term Loans pursuant to Section 2.09 made from internally generated funds during such amount, if any, to be applied as set forth in Section 5.1(d) belowfiscal year.

Excess Cash Flow. Within 90 No later than ninety (90) days after each fiscal year the end of the Borrower, any Fiscal Year commencing with the fiscal year ended Fiscal Year ending December 31, 20102003, if during any period for which the Borrower’s Leverage Ratio for any such fiscal year is equal exceeds 1.50 to or greater than 2.0 to 1.01.00, the Borrower shall prepay the make a mandatory principal repayment of the Loans in an aggregate amount (an “Excess Cash Flow Prepayment Amount”) at least equal to fifty percent (50% %) of Excess Cash Flow for such fiscal year with such amountFlow, if any, to be applied as set forth in Section 5.1(d) belowfor such Fiscal Year.

Excess Cash Flow. Within 90 ninety (90) days after the end of each fiscal year of the Borrower, (commencing with the fiscal year ended ending December 31, 2010, if the Borrower’s Leverage Ratio for any such fiscal year is equal to or greater than 2.0 to 1.02003), the Borrower Borrowers shall prepay the principal of the Loans in an aggregate amount equal to fifty percent (an “50%) of the Excess Cash Flow Prepayment Amount”) at least equal to 50% earned during such prior fiscal year. Any payments of Excess Cash Flow for such fiscal year with such amount, if any, to shall be applied as set forth in Section 5.1(dclause (vii) below.

Excess Cash Flow. Within 90 Not later than 120 days after the end of each fiscal year of the Borrower, Borrower commencing with the fiscal year ended December 31, 20101997, if the Borrower’s Leverage Ratio for any such fiscal year is equal to or greater than 2.0 to 1.0, the Borrower shall prepay the principal of the Loans in an aggregate principal amount (an “Excess Cash Flow Prepayment Amount”) at least equal to 50% of the Excess Cash Flow for such fiscal year; PROVIDED, HOWEVER, that if at the end of any fiscal year the Leverage Ratio is less than 2.0:1.0 as evidenced in an Officers' Certificate delivered to the Administrative Agent, the Excess Cash Flow for such fiscal year with such amount, if any, shall not be required to be applied as set forth in Section 5.1(d) belowto the prepayment of the Term Loans.

Excess Cash Flow. Within 90 days after each If the Leverage Ratio, calculated for a fiscal year of the Borrower, Borrower (commencing with the fiscal year ended December ending October 31, 20102004), if the Borrower’s Leverage Ratio for any such fiscal year is equal to or greater than 2.0 2.00 to 1.0, the Borrower shall prepay the principal of the Loans in 1.00 (each such year an aggregate amount (an “"Excess Cash Flow Prepayment Amount”Year"), then Borrower shall, on or before February 28/th/ (or 29/th/) at least equal to 50% of the year following an Excess Cash Flow Year, until the Term Loans shall have been paid in full, make a Mandatory Prepayment in an amount of not less than fifty percent (50%) of the Excess Cash Flow (if any) for such fiscal year with such amount, if any, to be applied as set forth in Section 5.1(d) belowExcess Cash Flow Year.

Excess Cash Flow. Within 90 ninety (90) days after the end of each fiscal year of the Borrower, (commencing with the fiscal year ended December 31ending February 1, 20102014) of the Borrowers, if the Borrower’s Rent Adjusted Leverage Ratio for any as of the end of such fiscal year is (A) equal to or greater than 2.0 5.5 to 1.0, the Borrower Borrowers shall prepay the principal of the Loans in an aggregate amount (an “Excess Cash Flow Prepayment Amount”) at least equal to 50% of Excess Cash Flow for such fiscal year with such amount, if any, to be applied as set forth in Section 5.1(d) below.jointly and severally

Excess Cash Flow. Within 90 As soon as practicable, and in any event within one hundred ten (110) days after the end of each fiscal year Fiscal Year of the Borrower, commencing with the fiscal year ended December 31, 2010, if the Borrower’s Leverage Ratio for any such fiscal year is equal to or greater than 2.0 to 1.0Fiscal Year ending in 2000, the Borrower shall prepay calculate the principal of the Loans in an aggregate amount (an “Excess Cash Flow Prepayment Amount”) at least for the Fiscal Year of the Borrower most recently ended and, unless the Consolidated Indebtedness to EBITDA Ratio for such Fiscal Year is less than 3.00 to 1.00, the Borrower shall make a mandatory prepayment of the Obligations in an amount equal to fifty percent (50% %) of the Excess Cash Flow for such fiscal year with such amount, if any, to be applied as set forth in Section 5.1(d) belowFiscal Year.

Excess Cash Flow. Within 90 ninety (90) days after the end of each fiscal year of the Borrower, (commencing with the fiscal year ended ending December 31, 2010, if the Borrower’s Leverage Ratio for any such fiscal year is equal to or greater than 2.0 to 1.01997), the Borrower Borrowers shall prepay the principal of the Loans in an aggregate amount equal to the lesser of (an “x) 25% of the Excess Cash Flow Prepayment Amount”earned during such prior fiscal year and (y) at least equal to 50% $1,000,000. Any payments of Excess Cash Flow for such fiscal year with such amount, if any, to shall be applied as set forth in Section 5.1(dclause (iv) below.

Excess Cash Flow. Within 90 150 days after the end of each fiscal year of the Borrower, commencing with the Borrower’s fiscal year ended December 31, 2010, if the Borrower’s Leverage Ratio for any such fiscal year is equal to or greater than 2.0 to 1.0, the Borrower shall prepay the outstanding principal amount of the Loans Obligations in accordance with Section 2.4(f)(ii) in an aggregate amount (an “equal to 25% of the Excess Cash Flow Prepayment Amount”) at least equal to 50% of Excess Cash Flow Borrower and its Subsidiaries for such fiscal year with such amount, if any, to be applied as set forth in Section 5.1(d) belowyear.

Excess Cash Flow. Within 90 days after each fiscal year of the Borrower, commencing Commencing with the fiscal year ended ending December 31, 20102018, if and for each fiscal year thereafter, and at such times as when the Borrower’s Leverage Ratio for any such as determined as of the end of the most recent fiscal year is greater than or equal to or greater than 2.0 to 1.0, the Borrower shall prepay the make a mandatory prepayment of principal of the Loans in an aggregate amount (an “Excess Cash Flow Prepayment Amount”) at least equal to 50% of Excess Cash Flow for such the immediately preceding fiscal year together with accrued interest on such amount, if any, to be applied as set forth in Section 5.1(dprincipal amount within ten (10) belowdays of delivery of the Borrower’s audited annual financial statements for the preceding fiscal year.

Excess Cash Flow. Within 90 Not later than 95 days after the end of each fiscal year of the Borrower, Borrower commencing with the fiscal year ended ending December 31, 20102001, if the Borrower’s Leverage Ratio for any such fiscal year is equal to or greater than 2.0 to 1.0, the Borrower shall prepay the principal of the Loans in an aggregate principal amount (an “Excess Cash Flow Prepayment Amount”) at least equal to 5075% of Excess Cash Flow for such fiscal year with such amount, if any, to be applied as set forth in Section 5.1(d) belowyear.

Excess Cash Flow. Within 90 105 days after each fiscal year of the Borrower, commencing with the fiscal year ended December of the Borrower ending October 31, 2010, if the Borrower’s Leverage Ratio for any such fiscal year is equal to or greater than 2.0 to 1.02005, the Borrower shall prepay the principal of the Loans in an aggregate amount (an “Excess Cash Flow Prepayment Amount”) at least equal to 50% the Required Excess Cash Flow Percentage of the amount of Excess Cash Flow for such fiscal year year, with such amount, if any, amount to be applied as set forth in Section 5.1(d) below2.13(d).

Excess Cash Flow. Within 90 days after each fiscal year of In the Borrowerevent that there shall be Consolidated Excess Cash Flow for any Fiscal Year, commencing with the fiscal year ended Fiscal Year ending December 31, 2010, if the Borrower’s Leverage Ratio for any such fiscal year is equal to or greater than 2.0 to 1.02020, the Borrower shall shall, not later than ninety days after the end of such Fiscal Year, prepay the principal of the Loans in an aggregate amount (an “Excess Cash Flow Prepayment Amount”) at least equal to 50% of such Consolidated Excess Cash Flow for minus voluntary repayments of the Loans not financed with Indebtedness and made during such fiscal year with Fiscal Year or during the Fiscal Year then in progress and prior to the date on which such amount, if any, prepayment is due pursuant to be applied as set forth in Section 5.1(d) belowthis paragraph.

Excess Cash Flow. Within 90 days after the end of each fiscal ---------------- year of the Borrower, (commencing with the fiscal year ended ending December 31, 2010, if the Borrower’s Leverage Ratio for any such fiscal year is equal to or greater than 2.0 to 1.02001), the Borrower shall prepay the principal of the Loans in an aggregate amount (an “Excess Cash Flow Prepayment Amount”) at least equal to 5075% of Excess Cash Flow for such prior fiscal year with (such amount, if any, prepayment to be applied as set forth in Section 5.1(dclause (vii) below).