Certain Matters Relating to Repayments and Prepayments. (a) ------------------------------------------------------ On the date on which Advances are to be repaid or prepaid, and if less than all Loans are to be repaid or prepaid, if the Second LIBOR Method is applicable and if both Base Rate Loans and LIBOR Loans are outstanding, the Borrower will specify whether the Loan to be repaid or prepaid shall be a Base Rate Loan or a LIBOR Loan and, if a LIBOR Loan is to be repaid or prepaid and more than one LIBOR Loan is outstanding, which such LIBOR Loan shall be prepaid.
Certain Matters Relating to Repayments and Prepayments. 63 ARTICLE IV ILLEGALITY, INCREASED COSTS, CAPITAL ADEQUACY AND INDEMNITIES................................................................64 Section 4.01. Illegality.............................................64 Section 4.02. Additional Costs and Capital Adequacy..................65 Section 4.03. Taxes..................................................66 Section 4.04. Survival...............................................68 ARTICLE V
Certain Matters Relating to Repayments and Prepayments. 47 ARTICLE IV ILLEGALITY, INCREASED COSTS, CAPITAL ADEQUACY AND INDEMNITIES
Certain Matters Relating to Repayments and Prepayments. On the date on which Advances are to be repaid or prepaid, and if less than all Loans are to be repaid or prepaid, if the Second LIBOR Method is applicable and if both Base Rate Loans and LIBOR Loans are outstanding, the Borrower will specify whether the Loan to be repaid or prepaid shall be a Base Rate Loan or a LIBOR Loan and, if a LIBOR Loan is to be repaid or prepaid and more than one LIBOR Loan is outstanding, which such LIBOR Loan shall be prepaid.
Certain Matters Relating to Repayments and Prepayments. (a) On the date on which Advances are to be repaid or prepaid, and if less than all Loans are to be repaid or prepaid, if the Second LIBOR Method is applicable and if both Base Rate Loans and LIBOR Loans are outstanding, the Borrower will specify whether the Loan to be repaid or prepaid shall be a Base Rate Loan or a LIBOR Loan and, if a LIBOR Loan is to be repaid or prepaid and more than one LIBOR Loan is outstanding, which such LIBOR Loan shall be prepaid.
(b) All prepayments and repayments pursuant to this Article III shall be accompanied by such additional amounts as are sufficient to pay accrued and unpaid interest on the principal amount of the Advances then being prepaid or repaid.
Certain Matters Relating to Repayments and Prepayments. (a) On the date on which Advances are to be repaid or prepaid, and if less than all Loans are to be repaid or prepaid, if both Base Rate Loans and LIBOR Loans are outstanding, the Borrower will specify whether the Loan to be repaid or prepaid shall be a Base Rate Loan or a LIBOR Loan and, if a LIBOR Loan is to be repaid or prepaid and more than one LIBOR Loan is outstanding, which such LIBOR Loan shall be prepaid.
(b) Subject to the following sentences of this subsection (b), all prepayments and repayments pursuant to this Article III shall be accompanied by such additional amounts as are sufficient to pay applicable Breakage Costs and accrued and unpaid interest on the principal amount of the Advances then being prepaid or repaid. A certificate of any Lender setting forth the amount of any Breakage Costs which such Lender is entitled to receive shall be furnished to the Borrower relating to any prepayment for which the Administrative Agent has received notice in accordance with the terms hereof, and shall be presumptively correct absent manifest error. The Borrower shall pay all Breakage Costs to the Administrative Agent as in the Lender's certificate pursuant to this Article III within one (1) Business Day after delivery of such certificate.
Certain Matters Relating to Repayments and Prepayments. (a) On the earlier of the date on which Loans are to be repaid or prepaid and the date on which notice of such payment or prepayment is required to be given under this Agreement, if less than all Loans are to be repaid or prepaid, the Borrower will specify whether the Loan to be repaid or prepaid shall be a Base Rate Loan or a LIBO Rate Loan and, if a LIBO Rate Loan is to be repaid or prepaid and more than one LIBO Rate Loan is outstanding, which such Loan shall be prepaid. Prepayments and repayments of LIBO Rate Loans made other than on the last day of the Interest Period applicable thereto shall be subject to the payment by the Borrower of amounts owed under Section 12.4(b).
(b) All prepayments and repayments pursuant to this Article III shall be accompanied by such additional amounts as are sufficient to pay accrued and unpaid interest on the principal amount of the Loans then being prepaid or repaid.
(c) Loans that are prepaid or repaid may not be reborrowed.
(d) All prepayments and repayments of outstanding Loans and Notes shall be paid to the Secured Creditors on a pro rata basis according to the sum of (i) --------------------------------------------------------------------------- * CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SEC aggregate outstanding principal amount of Loans and Commitments owed to such Lenders (ratably among all Installment Amounts) and (ii) amounts owing under the Senior Secured Notes.
Certain Matters Relating to Repayments and Prepayments. (a) On the date on which Advances are to be repaid or prepaid, and if less than all Loans are to be repaid or prepaid, if both Base Rate Loans and LIBOR Loans are outstanding, the Borrower will specify whether the Loan to be repaid or prepaid shall be a Base Rate Loan or a LIBOR Loan and, if a LIBOR Loan is to be repaid or prepaid and more than one LIBOR Loan is outstanding, which such LIBOR Loan shall be prepaid.
(b) Subject to the following sentences of this subsection (b), all prepayments and repayments pursuant to this Article III shall be accompanied by such additional amounts as are sufficient to pay applicable Breakage Costs and accrued and unpaid interest on the principal amount of the Advances then being prepaid or repaid. A certificate of any Lender setting forth the amount of any Breakage Costs which such Lender is entitled to receive shall be furnished to the Borrower relating to any prepayment for which the Administrative Agent has received notice in accordance with the terms hereof, and shall be presumptively correct absent manifest error. The Borrower shall pay all Breakage --------------------------------------------------------------------------- * CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SEC Costs to the Administrative Agent as in the Lender's certificate pursuant to this Article III within one (1) Business Day after delivery of such certificate.
Certain Matters Relating to Repayments and Prepayments. 32 ------------------------------------------------------ 9. AFFIRMATIVE COVENANTS..................................................... 33 Section 9.1 Maintenance of Office................................. 33 --------------------- Section 9.2 Records and Accounts.................................. 33 -------------------- Section
Certain Matters Relating to Repayments and Prepayments. (a) All prepayments and repayments pursuant to this Article 8 shall be accompanied by such additional amounts as are sufficient to pay accrued and unpaid interest on the principal amount of the Notes then being prepaid or repaid.
(b) All prepayments and repayments of outstanding Loans and Notes shall be paid to the Lenders and Holders, respectively, on a pro rata basis according to the sum of (i) aggregate outstanding principal amount of Loans and Commitments owed to the Lenders (ratably among all Installment Amounts) and (ii) amounts owing under the Notes to the Holders ratably according to the aggregate outstanding principal amount of Notes owed to such Holders.
