Debt Prepayments. (i) Voluntarily prepay or otherwise make any voluntary or optional payment in respect of, or voluntarily purchase or otherwise acquire, any subordinated, junior or secured Indebtedness for borrowed money of the Parent and its Subsidiaries, or any other Indebtedness for borrowed money of the Parent or any of its Subsidiaries having a maturity after the Term Loan Maturity Date (other than (x) intercompany Indebtedness to the extent paid to the Company or any Wholly Owned Subsidiary of the Company that is not an Excluded Subsidiary, (y) other intercompany Indebtedness to the extent such payment constitutes a permitted Investment under Section 10.11.(d), or (z) with the proceeds of Permitted Refinancing Indebtedness) or (ii) repay any Indebtedness for borrowed money of the Parent and its Subsidiaries (other than (x) Indebtedness under this Agreement and under the Term Loan Agreement, (y) intercompany Indebtedness to the extent paid to the Company or any Wholly Owned Subsidiary of the Company that is not an Excluded Subsidiary and (z) other intercompany Indebtedness to the extent such payment constitutes a permitted Investment under Section 10.11.(d)) having a maturity prior to the Term Loan Maturity Date other than with the proceeds of Permitted Refinancing Indebtedness; provided that the Company shall be permitted to (w) make mandatory prepayments of such Indebtedness under this clause (b)(ii) arising from the disposition (whether voluntary or involuntary) of any asset securing such Indebtedness as of the date of such mandatory prepayment event, (x) repay existing Indebtedness with respect to the DoubleTree Hotel Spokane City Center, (y) make repayments or prepayments in respect of purchase money Indebtedness financing personal property, and (z) make other repayments or prepayments under this clause (b) in an aggregate amount not to exceed $15,000,000 during the Covenant Relief Period;
Debt Prepayments. The U.S. Borrower shall not (x) pay any scheduled payment prior to the due date thereof as in effect on the Restatement Effective Date, or prepay any principal, premium, interest or any other amount (including sinking fund payments), with respect to any Senior Notes; (y) redeem, purchase, defease, acquire or otherwise satisfy (or offer to redeem, purchase, acquire or otherwise satisfy) any Senior Notes prior to the due date thereof as in effect on the Restatement Effective Date; or (z) make any payment or deposit any monies, securities or other property with any trustee or other Person with respect to any Senior Notes that has the effect of violating clause (x) or (y) above (any of the foregoing, a “Senior Notes Prepayment”), unless:
(a) no Default or Event of Default exists or will result after giving effect to any such Senior Notes Prepayment;
(b) on a pro forma basis, assuming such Senior Notes Prepayment had occurred at the beginning of the most recently‑ended four fiscal quarter period for which the U.S. Borrower has delivered financial statements under Section 5.01(a) or Section 5.01(b) that precedes the date on which the Senior Notes Prepayment actually occurs, (A) the Leverage Ratio as of the Determination Date for such Senior Notes Prepayment would not exceed 3.50 to 1.00 (without giving effect to any Step‑Up Election) and (B) the U.S. Borrower would be in compliance with the terms and conditions of this Agreement, which pro forma results shall be evidenced by a certificate of a Financial Officer of the U.S. Borrower setting forth reasonably detailed calculations demonstrating pro forma compliance with subclause (A) above and with Section 6.12; and
(c) the sum of (i) the aggregate Available Unused Commitments of the Lenders after giving effect to any Borrowings used for a Senior Notes Prepayment plus (ii) unrestricted cash of the U.S. Borrower and its Subsidiaries on a consolidated basis is at least $50,000,000.
Debt Prepayments. During the Covenant Restriction Period, make (or give any notice in respect of) any voluntary or optional payment or prepayment on or voluntary or optional redemption or acquisition for value of, including in each case without limitation, by way of depositing with a trustee with respect thereto money or securities before due for the purpose of paying when due, any Indebtedness of the Company and its Subsidiaries that is secured by a Lien junior to any Liens securing the Obligations under this Agreement (if any) or contractually subordinated to the Obligations under this Agreement.
Debt Prepayments. The following Section 5.25 is hereby added to the Credit Agreement immediately after Section 5.24 thereof:
Debt Prepayments. The Borrower shall not, and shall not permit MOC or any of their Consolidated Subsidiaries to, prepay (including without limitation by way of repurchasing any outstanding Debt) any Debt (other than Debt pursuant to this Agreement) at any time outstanding.
Debt Prepayments. (i) Voluntarily prepay or otherwise make any voluntary or optional payment in respect of, or voluntarily purchase or otherwise acquire, any subordinated, junior or secured Indebtedness for borrowed money of the Parent and its Subsidiaries, or any other Indebtedness for borrowed money of the Parent or any of its Subsidiaries having a maturity after the Tranche A-2 Maturity Date (other than (x) intercompany Indebtedness to the extent paid to the Company or any Wholly Owned Subsidiary of the Company that is not an Excluded Subsidiary, (y) other intercompany Indebtedness to the extent such payment constitutes a permitted Investment under Section 10.11.(d), or (z) with the proceeds of Permitted Refinancing Indebtedness) or (ii) repay any Indebtedness for borrowed money of the Parent and its Subsidiaries (other than (x) Indebtedness under this Agreement and under the Existing Credit Agreement, (y) intercompany Indebtedness to the extent paid to the Company or any Wholly Owned Subsidiary of the Company that is not an Excluded Subsidiary and (z) other intercompany Indebtedness to the extent such payment constitutes a permitted Investment under
Debt Prepayments. There shall also be added to Article 5, Covenants, the following additional Section 5.22:
Debt Prepayments. Upon consummation of the Debt Restructuring, the unpaid principal balance of the Loans shall be $276,628,863.92. The unpaid principal balances (including all premiums, where applicable) under the Existing Indenture and the Existing Note Purchase Agreements being exchanged for the Securities are as reflected in the Offering Memorandum. No Existing Revolving Loans, Existing Public Notes or Existing Private Notes have been Retired since December 31, 2009, except as described in the Offering Memorandum.
Debt Prepayments. The Company shall not (x) pay any scheduled payment prior to the due date thereof as in effect on the date hereof, or prepay any principal, premium, interest or any other amount (including sinking fund payments), with respect to any 2007 Senior Notes; (y) redeem, purchase, defease, acquire or otherwise satisfy (or offer to redeem, purchase, acquire or otherwise satisfy) any 2007 Senior Notes prior to the due date thereof as in effect on the date hereof; or (z) make any payment or deposit any monies, securities or other property with any trustee or other Person with respect to any 2007 Senior Notes that has the effect of violating clause (x) or (y) above (any of the foregoing, a “2007 Senior Notes Prepayment”), unless:
Debt Prepayments. 71 6.4 Dividends ............................................................................................................72 6.5
