Common use of Minimum Cash Clause in Contracts

Minimum Cash. Permit the sum of (A) cash on-hand and (B) Cash Equivalents, in each case not subject to a Lien (other than Liens in favor of the Collateral Agent pursuant to the Loan Documents and Liens in favor of the Collateral Agent pursuant to the Second Lien Loan Documents) or the use of which is otherwise restricted, to be less than (1) $10,000,000 from the Amendment Effective Date through October 29, 2003, (2) $19,250,000 from October 30, 2003 through such date on which the Borrower is no longer required to maintain a segregated account pursuant to Section 5.01(n)(iv), (3) $10,000,000 from the termination of the segregated account referred to in clause (2) herein until the Amendment No. 1 Effective Date and (4) $15,000,000 thereafter. The amount on deposit in the segregated account maintained pursuant to Section 5.01(n)(iv) shall not be deemed to constitute cash-on-hand or Cash Equivalents for purposes of this Section 5.02(q)(v). (k) Subsection 5.03(d) is amended to read in full as follows:

Minimum Cash. Permit the sum of (A) cash on-hand and (B) Cash Equivalents, in each case not subject to a Lien (other than Liens in favor of the First Lien Collateral Agent pursuant to the First Lien Loan Documents and Liens in favor of the Collateral Agent pursuant to the Second Lien Loan Documents) or the use of which is otherwise restricted, to be less than (1) $10,000,000 from the Amendment Effective Date through October 29, 2003, (2) $19,250,000 from October 30, 2003 through such date on which the Borrower is no longer required to maintain a segregated account pursuant to Section 5.01(n)(iv), (3) $10,000,000 from the termination of the segregated account referred to in clause (2) herein until the Amendment No. 1 Effective Date and (4) $15,000,000 thereafter. The amount on deposit in the segregated account maintained pursuant to Section 5.01(n)(iv) shall not be deemed to constitute cash-on-hand or Cash Equivalents for purposes of this Section 5.02(q)(v). (k) Subsection 5.03(d) is amended to read in full as follows:

Minimum Cash. Permit the sum of (A) cash on-hand and (B) Cash Equivalents, in each case not subject to a Lien (other than Liens in favor of the First Lien Collateral Agent pursuant to the First Lien Loan Documents and Liens in favor of the Collateral Agent pursuant to the Second Lien Loan Documents) or the use of which is otherwise restricted, to be less than (1) $10,000,000 from the Amendment Effective Date through October 29, 2003, (2) $19,250,000 from October 30, 2003 through such date on which the Borrower is no longer required to maintain a segregated account pursuant to Section 5.01(n)(iv), (3) $10,000,000 from the termination of the segregated account referred to in clause (2) herein until the Amendment No. 1 Effective Date and (4) $15,000,000 thereafter. The amount on deposit in the segregated account maintained pursuant to Section 5.01(n)(iv) shall not be deemed to constitute cash-on-hand or Cash Equivalents for purposes of this Section 5.02(q)(v). (ka) Subsection 5.03(dSection 5.02(d)(iv) is amended to read in full as follows:

Minimum Cash. Permit the sum of (A) cash on-hand and (B) Cash Equivalents, in each case not subject to a Lien (other than Liens in favor of the First Lien Collateral Agent pursuant to the First Lien Loan Documents and Liens in favor of the Collateral Agent pursuant to the Second Lien Loan Documents) or the use of which is otherwise restricted, to be less than (1) $10,000,000 from the Amendment Effective Date through October 29, 2003, (2) $19,250,000 from October 30, 2003 through such date on which the Borrower is no longer required to maintain a segregated account pursuant to Section 5.01(n)(iv), (3) $10,000,000 from the termination of the segregated account referred to in clause (2) herein until the Amendment No. 1 Effective Date and (4) $15,000,000 thereafter. The amount on deposit in the segregated account maintained pursuant to Section 5.01(n)(iv) shall not be deemed to constitute cash-on-hand or Cash Equivalents for purposes of this Section 5.02(q)(v). (k) Subsection 5.03(d) is amended to read in full as follows:

Minimum Cash. Permit the sum of (A) cash on-hand and (B) Cash Equivalents, in each case not subject to a Lien (other than Liens in favor of the Collateral Agent pursuant to the Loan Documents and Liens in favor of the Collateral Agent pursuant to the Second Lien Loan Documents) or the use of which is otherwise restricted, to be less than (1) $10,000,000 from the Amendment Effective Date through October 29, 2003, (2) $19,250,000 from October 30, 2003 through such date on which the Borrower is no longer required to maintain a segregated account pursuant to Section 5.01(n)(iv), (3) $10,000,000 from the termination of the segregated account referred to in clause (2) herein until the Amendment No. 1 Effective Date and (4) $15,000,000 thereafter. The amount on deposit in the segregated account maintained pursuant to Section 5.01(n)(iv) shall not be deemed to constitute cash-on-hand or Cash Equivalents for purposes of this Section 5.02(q)(v). (k) Subsection 5.03(d) is amended to read in full as follows:

Minimum Cash. Permit the sum of (A) cash on-hand and (B) Cash Equivalents, in each case not subject to a Lien (other than Liens in favor of the Collateral Agent pursuant to the Loan Documents and Liens in favor of the Collateral Agent pursuant to the Second Lien Loan Documents) or the use of which is otherwise restricted, to be less than (1) $10,000,000 from the Amendment Effective Date through October 29, 2003, (2) $19,250,000 from October 30, 2003 through such date on which the Borrower is no longer required to maintain a segregated account pursuant to Section 5.01(n)(iv), (3) $10,000,000 from the termination of the segregated account referred to in clause (2) herein until the Amendment No. 1 Effective Date and (4) $15,000,000 thereafter. The amount on deposit in the segregated account maintained pursuant to Section 5.01(n)(iv) shall not be deemed to constitute cash-on-hand or Cash Equivalents for purposes of this Section 5.02(q)(v). (ka) Subsection 5.03(dSection 5.02(d)(iv) is amended to read in full as follows: