Certain Mandatory Prepayments Clause Samples
The 'Certain Mandatory Prepayments' clause requires a borrower to make early repayments of a loan under specific circumstances outlined in the agreement. Typically, these circumstances include events such as the receipt of insurance proceeds, asset sales, or excess cash flow, where a portion or all of the funds received must be used to pay down the outstanding loan balance. This clause ensures that lenders are repaid more quickly when the borrower experiences liquidity events, thereby reducing the lender's risk and maintaining the agreed-upon credit profile.
Certain Mandatory Prepayments. In addition to other amounts which shall be applied to the prepayment of Loans as provided in this Agreement, the Borrower shall apply to prepayment of the principal of the Loan, within ten Business Days following receipt thereof, (i) all Net Cash Proceeds from the sale or other disposition of all or any part of the assets or other rights of the Borrower, other than in the ordinary course of business and permitted pursuant to the terms of the Financing Agreements, having a value, individually in excess of US$100,000 and in the aggregate in any year, in excess of US$250,000, and (ii) any Liquidated Damages which shall have been made by the EPC Contractor to the Borrower under the EPC Contract.
Certain Mandatory Prepayments. 11 SECTION 2.10.
Certain Mandatory Prepayments. 3.2.1. On a daily basis and upon receipt by the Administrative Agent of a Currency Valuation Notice, the Administrative Agent shall promptly determine (a) the then aggregate outstanding principal amount of all Revolving Credit Loans, (b) the then aggregate outstanding principal amounts of all Foreign Revolving Credit Loans (the “Foreign Revolving Credit Exposure”) and (c) the then aggregate amount of all LC Liabilities, for which purpose the outstanding principal amount of any Foreign Revolving Credit Loan, and the outstanding amount of any LC Liabilities, denominated in any Alternative Currency shall be deemed to be the Dollar Equivalent (determined on the Business Day on which the Administrative Agent shall have received such Currency Valuation Notice prior to 11:00 a.m. New York time (or, if received by the Administrative Agent after such time on any Business Day, as of the next succeeding Business Day), or as of such Quarterly Date, as the case may be), of the amount of such outstanding principal of Foreign Revolving Credit Loans and of such LC Liabilities. The Administrative Agent shall promptly notify the Borrowing Administrators and the Lenders of such determination. The Administrative Agent may, but shall not be required to, make more than one valuation determination pursuant to Currency Valuation Notices within any rolling three-month period.
3.2.2. If, on the date of such determination, the Foreign Revolving Credit Exposure exceeds the Total Foreign Commitment, the Foreign Borrowers shall, promptly but in any event within five Business Days of the receipt by the Foreign Borrowing Administrator of a written request by any Lender (through the Administrative Agent), prepay Foreign Revolving Credit Loans in an amount so that after giving effect thereto the Foreign Revolving Credit Exposure (determined as set forth above) does not exceed the Total Foreign Commitment, together with any amounts payable under Section 5.9.
3.2.3. If, on the date of such determination, the aggregate amount of all LC Liabilities exceeds $10,000,000, the Domestic Borrowers shall, promptly but in any event within five Business Days of the receipt by the Domestic Borrowing Administrator of a written request by any Lender (through the Administrative Agent), deliver to the Administrative Agent cash in the amount of such excess to be held by the Administrative Agent for the benefit of the Lenders as cash collateral for the LC Liabilities, such cash collateral to be released and r...
Certain Mandatory Prepayments. Except to the extent that it is unlawful to perform such obligations or to the extent that the performance of such obligations would result in personal liability of a director or other manager of a Foreign Loan Party:
Certain Mandatory Prepayments. In addition to any other prepayments required under the Loan Documents, prepayments of the Loan Obligations shall be required as follows (any prepayment of the Revolver Loan Obligations set forth in (a) and (b) of this Subsection shall be effected in each case in the manner and to the extent specified in Subsection (c) of this Section 2.21).
Certain Mandatory Prepayments. Upon the death of the ----------------------------- Guarantor or the appointment by a court of competent jurisdiction of a guardian, conservator, committee or other similar appointee for the Borrower or Guarantor, then, and in any such event, (a) the obligation of the Bank to make Advances shall automatically be terminated and (b) the Advances, the Note, all interest thereon and all other amounts payable under this Agreement shall automatically become and be due and payable on the ninetieth day after the earlier to occur of the date of such death or the date of such appointment, without presentment, demand, protest or any notice of any kind, all of which are hereby expressly waived by the Borrower.
Certain Mandatory Prepayments. 5.3.1 Subject to Section 5.3.3, concurrently with any Permitted Asset Disposition of Equipment or Real Estate, Borrowers shall prepay Revolver Loans in an amount equal to the Net Proceeds of such disposition.
5.3.2 Subject to Section 5.3.3, concurrently with the receipt of any proceeds of insurance or condemnation awards paid in respect of any Equipment or Real Estate, Borrowers shall prepay Revolver Loans in an amount equal to such proceeds, subject to Section 8.6.2.
5.3.3 For the avoidance of doubt, no prepayment shall be required pursuant to this Section 5.3 to the extent the Net Proceeds of a Permitted Asset Disposition (or insurance or condemnation award) of Equipment or Real Estate subject to a Purchase Money Lien are required to be applied to repay obligations with respect to any Permitted Purchase Money Debt pursuant to the documentation governing such Permitted Purchase Money Debt.
5.3.4 No mandatory prepayment required under this Section 5.3 which does not result in a termination or reduction of the Commitments shall require the payment of a Prepayment Fee.
Certain Mandatory Prepayments. If at any time the aggregate outstanding principal amount of all Revolving Credit Loans, plus the aggregate outstanding principal amount of all Swing Line Loans, plus the Letter of Credit Exposure exceeds the Maximum Amount of Credit, the Borrowers shall immediately make a principal payment to the Agent for the account of the Lenders in an amount sufficient to reduce the aggregate outstanding principal amount of all Revolving Credit Loans, plus the aggregate outstanding principal amount of all Swing Line Loans, plus the Letter of Credit Exposure to less than or equal to the Maximum Amount of Credit. If at any time the aggregate outstanding Converted Principal Amount or the Dollar Equivalent of the Multicurrency LIBOR Loans plus the Letter of Credit Exposure related to Letters of Credit issued in currencies other than United States Dollars exceeds $250,000,000, the Borrowers shall immediately make a principal payment to the Agent for the account of the Lenders, in the applicable currencies other than United States Dollars, in an amount sufficient to reduce the Converted Principal Amount and the U.S. Dollar Equivalent of the Multicurrency LIBOR Loans plus the Letter of Credit Exposure related to Letters of Credit issued in currencies other than United States Dollars to less than or equal to $250,000,000. If at any time the aggregate outstanding principal amount of the Swing Line Loans exceeds $25,000,000, the Borrowers shall immediately make a principal payment to the Agent for the account of the Swing Line Lender in an amount sufficient to reduce the Swing Line Loans to less than or equal to $25,000,000. If at any time the Letter of Credit Exposure exceeds the Maximum Amount of Credit, the Borrowers shall immediately deposit with each applicable Issuing Bank in cash or Cash Equivalents an amount equal to 105% of the then Letter of Credit Exposure related to each Letter of Credit issued by such Issuing Bank.
Certain Mandatory Prepayments. RELATING TO, INTER ALIA, METROPOLITAN WATER DISTRICT PAYMENTS. The provisions and terms set forth in Section 6(C) of the Fourth Global Amendment Agreement shall cease to be in effect as of the Restructuring Effective Date. On and after the Restructuring Effective Date, in addition to any other prepayments required under the Credit Documents, prepayments of the Term Loan Obligations shall be required as follows (any prepayment of the Term Loan Obligations set forth in (a) and (b) of this Subsection shall be effected in each case in the manner and to the extent specified in Subsection (3) of this Section 7(A)).
Certain Mandatory Prepayments. (a) In the event the Borrower or any of its Subsidiaries receives any (i) net cash proceeds from the sale or other disposition of assets permitted by Section
