Common use of Prepayments of Subordinated Indebtedness Clause in Contracts

Prepayments of Subordinated Indebtedness. (a) Make any prepayment (whether optional or mandatory) of any Subordinated Indebtedness, in each case, incurred under Section 8.03(f), other than: (i) the prepayment of any Subordinated Indebtedness with the net cash proceeds of the issuance of any other Indebtedness permitted hereunder (other than Loans); and (ii) other prepayments of Subordinated Indebtedness so long as (A) no Default shall have occurred and be continuing or would result from such prepayment, (B) immediately after giving effect to such prepayment on a Pro Forma Basis the Loan Parties shall be in compliance with the financial covenants set forth in Section 8.11 recomputed as of the end of the Applicable Period and (C) immediately after giving effect to such prepayment, there shall be at least $50 million of availability existing under the Aggregate Revolving Commitments. (b) Make any payment of principal, interest or other amounts on any Subordinated Indebtedness in violation of the subordination provisions applicable to such Subordinated Indebtedness.

Prepayments of Subordinated Indebtedness. (a) Make any prepayment (whether optional or mandatory) of any Subordinated Indebtedness, in each case, incurred under Section 8.03(f), other than: (i) the prepayment of any Subordinated Indebtedness with the net cash proceeds of the issuance of any other Indebtedness permitted hereunder (other than Loans); and; (ii) other prepayments of Subordinated Indebtedness so long as (A) no Event of Default shall have occurred and be continuing or would result from such prepayment, prepayment and (B) immediately after giving effect to such prepayment on a Pro Forma Basis pro forma basis the Loan Parties Consolidated Total Net Leverage Ratio shall be in compliance with the financial covenants set forth in Section 8.11 recomputed not exceed 4.50:1.00 as of the end of the Applicable Period and Period; and (Ciii) immediately after giving effect prepayments of Subordinated Indebtedness in an aggregate amount not to such prepayment, there shall be at least exceed $50 million of availability existing under the Aggregate Revolving Commitments50,000,000. (b) Make any payment of principal, interest or other amounts on any Subordinated Indebtedness in violation of the subordination provisions applicable to such Subordinated Indebtedness.