Common use of Scheduled Installments Clause in Contracts

Scheduled Installments. Prior to the IPO, the principal amounts of the Series B Term Loans shall be repaid in consecutive quarterly installments (each an “Installment”) on the four quarterly scheduled Interest Payment Dates applicable to Term Loans, commencing September 30, 2006 (each an “Installment Date”), in an amount on each Interest Payment Date equal to one quarter percent (0.25%) of the original principal amount outstanding and the remaining outstanding principal amount on the Series B Term Loan Maturity Date; provided, in the event any New Term Loans are made, such New Term Loans shall be repaid on each Installment Date occurring on or after the applicable Increased Amount Date in an amount equal to (i) the original aggregate principal amount of New Term Loans of the applicable Series of New Term Loans, times (ii) the ratio (expressed as a percentage) of (y) the amount of all other Term Loans being repaid on such Installment Date and (z) the total aggregate principal amount of all other Term Loans outstanding on such Increased Amount Date. Notwithstanding the foregoing, (x) such Installments shall be reduced in connection with any voluntary or mandatory prepayments of the Term Loans, as the case may be, in accordance with Sections 2.13, 2.14 and 2.15, as applicable; and (y) the Series B Term Loans, together with all other amounts owed hereunder with respect thereto, shall, in any event, be paid in full no later than the Series B Term Loan Maturity Date and any other Series of New Term Loans, together with all other amounts owed thereunder with respect thereto, shall, in any event, be paid in full no later than the applicable New Term Loan Maturity Date. Upon and following the IPO the interim Installments payable with respect to Series B Term Loans and New Term Loans (if any) shall cease to be payable and the principal amounts of the Series B Term Loans shall instead be repaid on the Series B Term Loans Maturity Date and in the event any New Term Loans are made, such New Term Loans shall be repaid on the applicable New Term Loan Maturity Date.

Scheduled Installments. Prior to the IPO, the The principal amounts of the Series B Term Loans shall be repaid in consecutive quarterly installments and at final maturity (each such payment, an “Installment”) in the aggregate amounts set forth below on each date set forth below (the four quarterly scheduled Interest Payment Dates applicable to Term Loans, commencing September 30, 2006 (each an “Installment Amortization Date”), in an amount on each Interest Payment ): Amortization Date equal to one quarter percent (0.25%) of the original principal amount outstanding and the remaining outstanding principal amount on the Series B Term Loan Maturity Date; provided, in the event any New Term Loans are made, such New Term Loans shall be repaid on each Installment Date occurring on or after the applicable Increased Amount Date in an amount equal to Installments FirstThe later of: (i) the original aggregate first anniversary of the Closing Date and (ii) April 10, 2013 $5,000,000 minus the Deferred Amount to be applied to the principal amount of New the Term Loans (excluding PIK Interest) outstanding on the first anniversary of the applicable Series Closing Date SecondThe later of: (i) the second anniversary of New Term Loans, times the Closing Date and (ii) April 10, 2014 $5,000,000 plus the ratio Deferred Amount to be applied to the principal amount of the Term Loans (expressed excluding PIK Interest) outstanding on the second anniversary of the Closing Date Third anniversary of the Closing Date 25% of the principal amount of the Term Loans (excluding PIK Interest) outstanding on the third anniversary of the Closing Date Fourth anniversary of the Closing Date 25% of the principal amount of the Term Loans (excluding PIK Interest) outstanding on the third anniversary of the Closing Date plus ⅓ of the PIK Interest on and as a percentageof the fourth anniversary of the Closing Date Fifth anniversary of the Closing Date 25% of the principal amount of the Term Loans (excluding PIK Interest) outstanding on the third anniversary of the Closing Date plus ⅓ of the PIK Interest on and as of the fourth anniversary of the Closing Date Maturity Date Remainder ; provided, however, that so long as any Holders Plan Payment or Itochu Plan Payment remains outstanding, Borrower shall not pay any amounts to Lenders hereunder (yalthough any such amounts owing to Lenders shall remain due), including without limitation any voluntary or mandatory prepayments of the Term Loans in accordance with Sections 2.8, 2.9 or 2.10 and any amendments, modifications or waivers of this proviso shall be subject to Section 10.5(c); and provided further that (a) if on the Amortization Date that is the later of: (i) the amount second anniversary of all other Term Loans being repaid on such Installment the Closing Date and (zii) April 10, 2014, the Net Cumulative Cash Outflows from April 1, 2013 through March 31, 2014 are equal to or exceed $[__]2 (the “Specified Amount”), the full Deferred Amount will be paid in shares of New Preferred Stock and (b) if on the Amortization Date that is the later of: (i) the total aggregate principal second anniversary of the 2 Such amount to be reasonably agreed upon by Lenders, Bzinfin and Borrower based on Borrower’s revised Projections to be substantially in the form of all other Term Loans outstanding on such Increased Amount Exhibit J and to be delivered prior to the Effective Date. Notwithstanding Closing Date and (ii) April 10, 2014, the foregoingNet Cumulative Cash Outflows from April 1, 2013 through March 31, 2014 are less than the Specified Amount, the portion of the Deferred Amount equal to the difference between the Specified Amount and such Net Cumulative Cash Outflows (not to exceed $3,000,000) shall be paid in Cash and the balance of the Deferred Amount (if any) will be paid in shares of New Preferred Stock. To the extent that shares of New Preferred Stock are used to satisfy any portion of the Deferred Amount, such shares shall have an aggregate liquidation preference equal to the portion of the Deferred Amount satisfied with shares of New Preferred Stock. Subject to the foregoing proviso, (x) such Installments shall be reduced in connection with any voluntary or mandatory prepayments of the Term Loans, as the case may be, Loans in accordance with Sections 2.132.8, 2.14 2.9 and 2.152.10, as applicable; and (y) the Series B Term Loans, together with all other amounts owed hereunder with respect thereto, shall, in any event, be paid in full no later than the Series B Term Loan Maturity Date and any other Series of New Term Loans, together with all other amounts owed thereunder with respect thereto, shall, in any event, be paid in full no later than the applicable New Term Loan Maturity Date. Upon and following the IPO the interim Installments payable with respect to Series B Term Loans and New Term Loans (if any) shall cease to be payable and the principal amounts of the Series B Term Loans shall instead be repaid on the Series B Term Loans Maturity Date and in the event any New Term Loans are made, such New Term Loans shall be repaid on the applicable New Term Loan Maturity Date.

Scheduled Installments. Prior to the IPO, the The principal amounts of the Series B First Lien Term Loans shall be repaid in consecutive quarterly installments (each each, an “Installment”") of 0.25% of the original aggregate principal amount thereof (to be proportionally decreased in the event of any prepayments of First Lien Term Loans hereunder), each on the four quarterly scheduled Interest Payment Dates applicable to Term Loanslast day of each Fiscal Quarter (each, commencing September 30, 2006 (each an “Installment Date”), in an amount on each Interest Payment Date equal to one quarter percent (0.25%") of the original principal amount outstanding and the remaining outstanding principal amount commencing on the Series B Term Loan Maturity First Installment Date after the Closing Date; provided, in the event any New First Lien Term Loans are made, such New First Lien Term Loans shall be repaid on each Installment Date occurring on or after the applicable Increased Amount Date in an amount equal to (i) the original aggregate principal amount of New First Lien Term Loans of the applicable Series of New First Lien Term Loans, times (ii) the ratio (expressed as a percentage) of (y) the amount of all other Term Loans being repaid on such Installment Date and (z) the total aggregate principal amount of all other Term Loans outstanding on such Increased Amount Date. Notwithstanding the foregoing, (x) such Installments shall be reduced in connection with any voluntary or mandatory prepayments of the First Lien US Term Loans or the First Lien European Term Loans, as the case may be, in accordance with Sections 2.13, 2.14 and 2.15, as applicable; and (y) the Series B First Lien US Term Loans and the First Lien European Term Loans, together with all other amounts owed hereunder with respect thereto, shall, in any event, be paid in full no later than the Series B First Lien US Term Loan Maturity Date and any other Series of New Term Loans, together with all other amounts owed thereunder with respect thereto, shall, in any event, be paid in full no later than the applicable New First Lien European Term Loan Maturity Date. Upon and following the IPO the interim Installments payable with respect to Series B Term Loans and New Term Loans (if any) shall cease to be payable and the principal amounts of the Series B Term Loans shall instead be repaid on the Series B Term Loans Maturity Date and in the event any New Term Loans are made, such New Term Loans shall be repaid on the applicable New Term Loan Maturity Daterespectively.

Scheduled Installments. Prior to the IPO, the The principal amounts of the Series B Term Loans shall be repaid in consecutive quarterly installments and at final maturity (each such payment, an “Installment”) in the aggregate amounts set forth below on each date set forth below (the “Amortization Date”): First anniversary of the Closing Date $5,000,000 to be applied to the principal amount of the Term Loans (excluding PIK Interest) outstanding on the four quarterly scheduled Interest Payment Dates applicable to Term Loans, commencing September 30, 2006 (each an “Installment Date”), in an amount on each Interest Payment Date equal to one quarter percent (0.25%) first anniversary of the original Closing Date Second anniversary of the Closing Date $5,000,000 to be applied to the principal amount of the Term Loans (excluding PIK Interest) outstanding and on the remaining outstanding second anniversary of the Closing Date Third anniversary of the Closing Date 25% of the principal amount of the Term Loans (excluding PIK Interest) outstanding on the Series B third anniversary of the Closing Date Fourth anniversary of the Closing Date 25% of the principal amount of the Term Loan Loans (excluding PIK Interest) outstanding on the third anniversary of the Closing Date plus 1/3 of the PIK Interest on and as of the fourth anniversary of the Closing Date Fifth anniversary of the Closing Date 25% of the principal amount of the Term Loans (excluding PIK Interest) outstanding on the third anniversary of the Closing Date plus 1/3 of the PIK Interest on and as of the fourth anniversary of the Closing Date Maturity DateDate Remainder 1 Agent Fee Letter shall be executed at closing. ; provided, in however, that so long as any Holders Plan Payment or Itochu Plan Payment remains outstanding, Borrower shall not pay any amounts to Lenders hereunder (although any such amounts owing to Lenders shall remain due), including without limitation any voluntary or mandatory prepayments of the event any New Term Loans are madein accordance with Sections 2.8, such New Term Loans 2.9 or 2.10 and any amendments, modifications or waivers of this proviso shall be repaid on each Installment Date occurring on or after subject to Section 10.5(c). Subject to the applicable Increased Amount Date in an amount equal to (i) the original aggregate principal amount of New Term Loans of the applicable Series of New Term Loans, times (ii) the ratio (expressed as a percentage) of (y) the amount of all other Term Loans being repaid on such Installment Date and (z) the total aggregate principal amount of all other Term Loans outstanding on such Increased Amount Date. Notwithstanding the foregoingforegoing provisio, (x) such Installments shall be reduced in connection with any voluntary or mandatory prepayments of the Term Loans, as the case may be, Loans in accordance with Sections 2.132.8, 2.14 2.9 and 2.152.10, as applicable; and (y) the Series B Term Loans, together with all other amounts owed hereunder with respect thereto, shall, in any event, be paid in full no later than the Series B Term Loan Maturity Date and any other Series of New Term Loans, together with all other amounts owed thereunder with respect thereto, shall, in any event, be paid in full no later than the applicable New Term Loan Maturity Date. Upon and following the IPO the interim Installments payable with respect to Series B Term Loans and New Term Loans (if any) shall cease to be payable and the principal amounts of the Series B Term Loans shall instead be repaid on the Series B Term Loans Maturity Date and in the event any New Term Loans are made, such New Term Loans shall be repaid on the applicable New Term Loan Maturity Date.