Extract to table

5 Default Rate — +200 Basis Points The Term Sheet proposes that, upon the occurrence and during the continuance of an Event of Default, interest on all outstanding obligations shall accrue at an additional 200 basis points above the otherwise applicable interest rate (i

The definitions of Consolidated Net Income and Adjusted EBITDA (or "Consolidated EBITDA," as the term may be defined in the credit agreement) must capture all agreed add-backs

All of these add-backs must be explicitly permitted under the EBITDA definition

The equity cure right should be subject to customary limitations, including: (i) no more than two equity cures in any four consecutive fiscal quarter period; (ii) no more than five equity cures during the life of the Facility; (iii) no equity cure in consecutive fiscal quarters; (iv) the aggregate amount of equity cures shall not exceed a specified cap (we recommend a cap equal to the lesser of (x) $75,000,000 and (y) the amount necessary to cure the applicable breach); (v) the equity cure contribution shall be counted as an increase to Adjusted EBITDA for the applicable fiscal quarter (rather than as a reduction to debt), thereby preserving the Borrower's leverage trajectory; (vi) the equity cure contribution must be made within 15 business days after delivery of the applicable compliance certificate; and (vii) the equity cure contribution must be in the form of cash common equity or a qualified equity contribution, and must not be funded with the proceeds of any indebtedness

00x) and the springing mechanism are acceptable, but the EBITDA definition, cash netting methodology, pro forma adjustment provisions, and equity cure right will significantly impact the Borrower's financial flexibility over the life of the Facility and must be negotiated carefully

only if the noteholders actually put their notes and the Borrower is required to repurchase them, rather than merely upon the occurrence of the triggering event)