Early Repayment. The Company may repay this Note in whole or in part at any time after notice to the Holder at a price equal to the principal amount of this Note being repaid plus accrued and unpaid interest thereon. Upon receipt of notice of prepayment of this Note in full to the holder hereof, such holder shall no longer be entitled to convert this Note so long as prepayment in full is made by the Company in accordance with the terms of this section within fifteen (15) days of the date of such notice of prepayment. The Company shall provide the Holder with not less than 3 days prior written notice of its intent to make any such repayment which notice shall state (i) the aggregate principal amount of this Note to be repaid, (ii) the accrued principal to be paid, (iii) the date set for repayment, (iv) the place where repayment will be made, (v) that, if this Note is being repaid in part, new Notes in an aggregate principal amount equal to the unrepaid portion of this Note will be issued to the Holder, (vi) that this Note must be surrendered to receive the repayment amount and (vii) that, unless the Company fails to make the amount necessary for repayment of the Note available to this Holder, the Note will cease to accrue interest on and after the date set for repayment. Upon surrender of this Note after such notice for repayment, the Company shall pay the Holders the amount set forth in such notice together with accrued and unpaid principal thereon in accordance with Section 2. If the amount necessary for repayment of this Note has been made available to the Holder as set forth in such notice, this Note will cease to accrue interest on and after the date set for repayment. Any partial repayment of the Notes shall be made pro rata among the holders of all of the Notes. Upon surrender of this Note for partial repayment, the Company shall issue a new Note equal in aggregate principal amount to the unrepaid portion of this Note so surrendered.
Appears in 1 contract
Samples: Secured Convertible Bridge Note Purchase Agreement (Right Start Inc /Ca)
Early Repayment. The Company may repay Unless otherwise specified and subject to the terms set forth on the face hereof (including in the Survivor’s Option Rider, if any), this Note in whole or in part at any time after notice will not be repayable prior to the Maturity Date at the option of the Holder at a price equal hereof. 16[If this Note is repayable prior to the principal amount Maturity Date at the option of the Holder hereof, in order to be so repaid, the Principal Paying Agent must receive at least 30 days but not more than 45 days prior to the repayment date (i) appropriate wire instructions and (ii) either (A) if this is a Certificated Note, (1) this Note with the form entitled “Option to Elect Repayment” on the reverse of this Note being repaid plus accrued and unpaid interest thereon. Upon receipt duly completed or (2) a telegram, telex, facsimile transmission or letter from a member of notice a national securities exchange, the National Association of prepayment of this Note in full to Securities Dealers, Inc., the holder hereof, such holder shall no longer be entitled to convert this Note so long as prepayment in full is made by the Company Depositary (in accordance with its normal procedures) or a commercial bank or trust company in the terms United States setting forth the name of the Holder of this section within fifteen (15) days of Note, the date of such notice of prepayment. The Company shall provide the Holder with not less than 3 days prior written notice of its intent to make any such repayment which notice shall state (i) the aggregate principal amount of this Note to be repaid, (ii) the accrued principal certificate number or a description of the terms of this Note, a statement that the option to elect repayment is being exercised hereby and a guaranty that this Note with the form entitled “Option to Elect Repayment” on the reverse hereof duly completed will be paid, (iii) received by the Principal Paying Agent not later than five Business Days after the date set for repaymentof such telegram, telex, facsimile transmission or letter and this Note and such form duly completed must be received by the Principal Paying Agent by such fifth Business Day or (ivB) the place where repayment will be made, (v) that, if this Note is being repaid a Global Note, (1) a copy of the pricing supplement relating to such Global Note together with the form entitled “Option to Elect Repayment” attached thereto and duly completed or (2) a telegram, telex, facsimile transmission or a letter from a member of a national securities exchange, the National Association of Securities Dealers, Inc., the Depositary (in part, new Notes accordance with its normal procedures) or a commercial bank or trust company in an aggregate the United States setting forth the name of the Holder of this Global Note and the principal amount equal to the unrepaid portion of this Global Note to be repaid, the [CUSIP/ISIN] number or a description of the terms of this Note, a statement that the option to elect repayment is being exercised hereby and a guaranty that the form entitled “Option to Elect Repayment” duly completed, together with the pricing supplement relating to this Global Note, will be issued to received by the Holder, (vi) that this Note must be surrendered to receive the repayment amount and (vii) that, unless the Company fails to make the amount necessary for repayment of the Note available to this Holder, the Note will cease to accrue interest on and Principal Paying Agent not later than five Business Days after the date set for repaymentof such telegram, telex, facsimile transmission or letter and such pricing supplement and form duly completed must be received by the Principal Paying Agent by such fifth Business Day. Upon surrender of this Note after such notice for repayment, the Company shall pay the Holders the amount set forth in such notice together with accrued and unpaid principal thereon in accordance with Section 2. If the amount necessary for The repayment of this Note has been made available to option may be exercised by the Holder as set forth in such notice, this Note will cease to accrue interest on and after the date set for repayment. Any partial repayment of the Notes shall be made pro rata among the holders of all of the Notes. Upon surrender of this Note for partial repayment, less than the Company shall issue a new Note equal in aggregate entire principal amount to of this Note, provided that the unrepaid portion principal amount of this Note so surrenderedremaining outstanding after repayment is an authorized denomination. If this Note is a Global Note, the Depositary’s nominee will be the Holder of this Note and therefore will be the only entity that can exercise a right to repayment.]
Appears in 1 contract
Early Repayment. The Company Further note that the admin/ origination fee is a non-refundable fee, and that it will not be discounted on the pro-rata basis at early settlement. It is furthermore recorded that an early settlement fee is payable and is calculated on the current balance of the loan at date of quote plus interest over 90 days TOPLEND may repay this Note in immediately demand payment of the whole or in part amount outstanding at any time after notice to the Holder at a price equal to the principal amount if you: • Commit any breach of this Note being repaid plus accrued and unpaid interest thereonagreement or commit an act of insolvency. Upon receipt • Made a false representation at the time of notice applying for the facility; or • Do anything that may prejudice TOPLEND rights in terms of prepayment of this Note the agreement. • Lose your employment where you have granted a facility where instalments are deducted from your salary If a TOPLEND Client is in full to the holder hereof, such holder shall no longer be entitled to convert this Note so long as prepayment in full is made by the Company in accordance with default under the terms of this section within fifteen Agreement, they shall pay TOPLEND costs in enforcing this Agreement and collecting any amounts owed. TOPLEND costs shall include, to the extent permitted by applicable law, reasonable attorney fees if TOPLEND hires an attorney, and legal expenses incurred whether a lawsuit is commenced, plus any court costs and all other reasonable sums allowed by law. Attorney fees and legal expenses include those related to bankruptcy proceedings (15including efforts to modify or vacate any automatic stay), trials, appeals, and any anticipated post-judgment collection actions. The TOPLEND Client, as stipulated in the Application for Finance Form, agrees that all collection costs and attorney fees incurred by TOPLEND are secured in accordance with this Agreement. TOPLEND Clients who opt to leave the Organization whilst they have an outstanding balance on the facility shall be required to settle the outstanding facility or make arrangement on repayments outside the organization under scheme. TOPLEND Clients shall pay the fees and costs as set forth on the Application for Finance Form, which fees shall include the application and processing fee as well as legal fees (if necessary) for arranging the facility. If any facility payment is more than ten (10) days past due, a late charge of 5% penalty fee for default payments will be charged on the outstanding principal amount per month, with a maximum not exceeding the outstanding principal amount. Upon the termination of Agreement, the following must be ensured: Immediate payment of all amounts owing and due by TOPLEND Clients in respect of any obligation under this Agreement, which shall become due and payable immediately upon demand by the TOPLEND. Where such payment cannot be made immediately, then the members must ensure that they enter into agreements directly with TOPLEND or any such agent engaged to collect on behalf of TOPLEND. Notification of termination of the Agreement to TOPLEND Clients with balances at Participating Stores. The notification shall be made by MPI upon receiving a detailed list of TOPLEND Clients and their available balances. This notification shall be made thirty (30) days following the date of such notice of prepayment. The Company shall provide the Holder with not less than 3 days prior written notice of its intent to make any such repayment which notice shall state (i) the aggregate principal amount of this Note to be repaid, (ii) the accrued principal to be paid, (iii) the date set for repayment, (iv) the place where repayment will be made, (v) that, if this Note is being repaid in part, new Notes in an aggregate principal amount equal to the unrepaid portion of this Note will be issued to the Holder, (vi) that this Note must be surrendered to receive the repayment amount and (vii) that, unless the Company fails to make the amount necessary for repayment termination of the Note available to this Holder, the Note will cease to accrue interest on and after the date set for repayment. Upon surrender of this Note after such notice for repayment, the Company shall pay the Holders the amount set forth in such notice together with accrued and unpaid principal thereon in accordance with Section 2. If the amount necessary for repayment of this Note has been made available to the Holder as set forth in such notice, this Note will cease to accrue interest on and after the date set for repayment. Any partial repayment of the Notes shall be made pro rata among the holders of all of the Notes. Upon surrender of this Note for partial repayment, the Company shall issue a new Note equal in aggregate principal amount to the unrepaid portion of this Note so surrenderedAgreement.
Appears in 1 contract
Samples: Loan Agreement
Early Repayment. 11.1. The Company may Customer shall have the right to repay this Note the Loan in whole full or in a part at any time after notice thereof prematurely by making an early repayment application to the Holder at Lender by using Reproducible Communication Means.
11.2. In case of a price equal to the principal amount of this Note being repaid plus accrued and unpaid interest thereon. Upon receipt of notice of prepayment of this Note in full to the holder hereof, such holder shall no longer be entitled to convert this Note so long as prepayment in full is made by the Company in accordance with the terms of this section within fifteen (15) days of the date of such notice of prepayment. The Company shall provide the Holder with not less than 3 days prior written notice of its intent to make any such repayment which notice shall state (i) the aggregate principal amount of this Note to be repaid, (ii) the accrued principal to be paid, (iii) the date set for repayment, (iv) the place where repayment will be made, (v) that, if this Note is being repaid in part, new Notes in an aggregate principal amount equal to the unrepaid portion of this Note will be issued to the Holder, (vi) that this Note must be surrendered to receive the repayment amount and (vii) that, unless the Company fails to make the amount necessary for early repayment of the Note available to this HolderLoan, the Note will cease Customer is obliged to accrue interest on and after pay the date set for repayment. Upon surrender of this Note after such notice for repaymentunpaid Loan Amount, the Company remaining Commission Fee and the accrued interests and other fees until the day of early repayment.
11.3. In case of early repayment of the Loan, the Lender is entitled to compensation for any costs directly related to the early repayment in the amount of 1 percent of the prepaid Loan, when the remaining period of the Single Loan Agreement is longer than one year and in the amount of 0.5 per cent of the prepaid Loan when the remaining period of the Single Loan Agreement is less than one year. In case the Lender has suffered a loss from the early repayment of the Loan exceeding the amount of the specified indemnity, the Lender may claim a larger indemnity in compliance with the legal requirements. The Customer does not owe compensation for early repayment of the Loan when it is terminated on the basis of a duly exercised right of withdrawal.
11.4. The Customer shall pay the Holders fee for early repayment to the amount set forth in such notice together with accrued and unpaid principal thereon in accordance with Section 2Lender on the day of early repayment of the Loan or a part thereof.
11.5. If the amount necessary for Customer has requested to repay the Loan early and has not repaid the Loan in the full amount, or a part of the Loan, as requested by the Customer, within the terms specified by the Lender, it shall be deemed that the Customer has waived the early repayment of this Note has been made available request.
11.6. In case the Customer makes repayments to the Holder Lender which exceed the amounts due and has not informed the Lender by Reproducible Communication Means of the intention to fully or partially repay the Loan, it will not be considered as set forth in an early repayment and will be considered as a prepayment for the future obligations of the Customer (overpayment). The Lender reserves the right to settle these amounts with any and all claims that the Lender might have against the Customer arising from the Agreement(s) or approved requests of the Customer, considering that such notice, this Note will cease to accrue interest on and after the date set for repaymentclaims are due.
11.7. Any partial The early repayment of the Notes shall Loan may also be made pro rata among performed by approving a new Single Loan Agreement to the holders Customer by the Lender (“Refinancing Loan”). The Refinancing Loan can be approved only in case of all full (not partial) repayment of existing obligations of the NotesCustomer. Upon surrender of this Note for partial repayment, The Lender is not obliged to approve the Company shall issue a new Note equal in aggregate principal amount to the unrepaid portion of this Note so surrenderedRefinancing Loan application.
Appears in 1 contract
Early Repayment. The Company may repay Unless otherwise specified and subject to the terms set forth on the face hereof (including in the Survivor’s Option Rider, if any), this Note in whole or in part at any time after notice will not be repayable prior to the Maturity Date at the option of the Holder at a price equal hereof. 17[If this Note is repayable prior to the principal amount Maturity Date at the option of the Holder hereof, in order to be so repaid, the Principal Paying Agent must receive at least 30 days but not more than 45 days prior to the repayment date (i) appropriate wire instructions and (ii) either (A) if this is a Certificated Note, (1) this Note with the form entitled “Option to Elect Repayment” on the reverse of this Note being repaid plus accrued and unpaid interest thereon. Upon receipt duly completed or (2) a telegram, telex, facsimile transmission or letter from a member of notice a national securities exchange, the National Association of prepayment of this Note in full to Securities Dealers, Inc., the holder hereof, such holder shall no longer be entitled to convert this Note so long as prepayment in full is made by the Company Depositary (in accordance with its normal procedures) or a commercial bank or trust company in the terms United States setting forth the name of the Holder of this section within fifteen (15) days of Note, the date of such notice of prepayment. The Company shall provide the Holder with not less than 3 days prior written notice of its intent to make any such repayment which notice shall state (i) the aggregate principal amount of this Note to be repaid, (ii) the accrued principal certificate number or a description of the terms of this Note, a statement that the option to elect repayment is being exercised hereby and a guaranty that this Note with the form entitled “Option to Elect Repayment” on the reverse hereof duly completed will be paid, (iii) received by the Principal Paying Agent not later than five Business Days after the date set for repaymentof such telegram, telex, facsimile transmission or letter and this Note and such form duly completed must be received by the Principal Paying Agent by such fifth Business Day or (ivB) the place where repayment will be made, (v) that, if this Note is being repaid a Global Note, (1) a copy of the pricing supplement relating to such Global Note together with the form entitled “Option to Elect Repayment” attached thereto and duly completed or (2) a telegram, telex, facsimile transmission or a letter from a member of a national securities exchange, the National Association of Securities Dealers, Inc., the Depositary (in part, new Notes accordance with its normal procedures) or a commercial bank or trust company in an aggregate the United States setting forth the name of the Holder of this Global Note and the principal amount equal to the unrepaid portion of this Global Note to be repaid, the [CUSIP/ISIN] number or a description of the terms of this Note, a statement that the option to elect repayment is being exercised hereby and a guaranty that the form entitled “Option to Elect Repayment” duly completed, together with the pricing supplement relating to this Global Note, will be issued to received by the Holder, (vi) that this Note must be surrendered to receive the repayment amount and (vii) that, unless the Company fails to make the amount necessary for repayment of the Note available to this Holder, the Note will cease to accrue interest on and Principal Paying Agent not later than five Business Days after the date set for repaymentof such telegram, telex, facsimile transmission or letter and such pricing supplement and form duly completed must be received by the Principal Paying Agent by such fifth Business Day. Upon surrender of this Note after such notice for repayment, the Company shall pay the Holders the amount set forth in such notice together with accrued and unpaid principal thereon in accordance with Section 2. If the amount necessary for The repayment of this Note has been made available to option may be exercised by the Holder as set forth in such notice, this Note will cease to accrue interest on and after the date set for repayment. Any partial repayment of the Notes shall be made pro rata among the holders of all of the Notes. Upon surrender of this Note for partial repayment, less than the Company shall issue a new Note equal in aggregate entire principal amount to of this Note, provided that the unrepaid portion principal amount of this Note so surrenderedremaining outstanding after repayment is an authorized denomination. If this Note is a Global Note, the Depositary’s nominee will be the Holder of this Note and therefore will be the only entity that can exercise a right to repayment.] 17 Include for Notes under which Holder has option to elect early repayment, other than the Survivor’s Option, which is covered by the Survivor’s Option Rider.
Appears in 1 contract
Early Repayment. The Company may repay this Note in whole or in part (a) If at any time after following the date of this Deed, QPL or a Bondholder (as a result of QPL transferring its rights and obligations under this Deed) is in default in accordance with clause 3.3(d), the Corporation may elect to repay part of or all of the Bonds by giving each Bondholder 10 Business Days (Early Repayment Notice Period) notice in writing (Early Repayment Notice) and request of the Bondholders to nominate whether it would like to be repaid in cash or in shares of the Corporation at the Conversion Price.
(b) If the Corporation elects to repay part (but not all) of the Bonds in accordance with this clause 12.1, the Corporation must pay the amount of monies being repaid to the Holder at a price equal Bondholders in proportion to the principal number of Bonds they hold.
(c) If the Corporation elects to repay all (but nor part) of the Bonds in accordance with this clause 12.1, the Corporation may require any Security Interests held by the Bondholders to be discharged pursuant to the terms of the Security.
(d) An Early Repayment Notice, once delivered, is irrevocable unless agreed otherwise with the Bondholder.
(e) If the Corporation elects to repay part of or all of the Bonds early in accordance with this clause 12.1, the Corporation must on the next Business Day after the end of the Early Repayment Notice Period pay each Bondholder in Immediately Available Funds or Shares of Common Stock at the Conversion Price depending upon the election of the relevant Bondholder, the Redemption Price plus any interest due in respect of each Bond held by that Bondholder that is being repaid early by the Corporation, or the amount of this Note each Bond being repaid plus accrued and unpaid any interest thereon. Upon receipt due in respect of notice of prepayment of this Note in full to each Bond being repaid if the holder hereof, such holder shall no longer be entitled to convert this Note so long as prepayment in full Bond is made by the Company in accordance with the terms of this section within fifteen (15) days of the date of such notice of prepayment. The Company shall provide the Holder with not less than 3 days prior written notice of its intent to make any such repayment which notice shall state (i) the aggregate principal amount of this Note to be repaid, (ii) the accrued principal to be paid, (iii) the date set for repayment, (iv) the place where repayment will be made, (v) that, if this Note is being repaid in part, new Notes in an aggregate principal amount equal full;
(f) If the Bondholders fail to elect a repayment method within 10 business days of a Notice being sent to the unrepaid portion of this Note will be issued to Bondholders, then the Holder, (vi) that this Note must be surrendered to receive the repayment amount and (vii) that, unless the Company fails to Corporation may then make the amount necessary for repayment election on behalf of the Note available to this HolderBondholders, the Note will cease to accrue interest on and after the date set for repayment. Upon surrender of this Note after such notice for repayment, the Company shall pay the Holders the amount set forth in such notice together with accrued and unpaid principal thereon in accordance with Section 2. If the amount necessary for repayment of this Note has been made available to the Holder as set forth in such notice, this Note will cease to accrue interest on and after the date set for repayment. Any partial repayment of the Notes shall be made pro rata among the holders of all of the Notes. Upon surrender of this Note for partial repayment, the Company shall issue a new Note equal in aggregate principal amount to the unrepaid portion of this Note so surrenderedelection being final.
Appears in 1 contract
Samples: Convertible Bond and Subscription Deed (Legend International Holdings Inc)
Early Repayment. The Company Adjustment If you repay all or part of a Fixed Rate Advance before the end of the Fixed Rate Period you may have to pay an Early Repayment Adjustment, an administration fee of $300.00 and other applicable fees (if any). We will tell you about any other fees, when you tell us you wish to repay this Note early. Change of Scheduled Repayment Date You can ask us to change the day on which your Scheduled Repayments are due ("Selected Day"). Your request must be in whole or writing and be received by us not less than 5 Business Days before the next Scheduled Repayment is due. If we agree to your request, then: (a) your next Scheduled Repayment will be due on the Selected Day in part at the same calendar month unless the Selected Day has occurred, in which case it will be due on the Selected Day in the next calendar month ("New Payment Date"); (b) {all subsequent Scheduled Repayments will be due on the Selected Day of each succeeding calendar month.} {all subsequent Scheduled Repayments will be due on the Selected Day of the relevant calendar month in which a Scheduled Repayment is payable, being each {third}{sixth}{twelfth} month.}; and (c) your next Scheduled Repayment will be adjusted with any time after notice amount required to restore your Scheduled Repayments to the Holder at a price equal agreed amounts. This may include adjustments to principal and interest. We will notify you if any adjustment is made. Please note that we may not allow more than one change to the principal amount due date of this Note being repaid plus accrued any Scheduled Repayment during any Interest Period. Payment Account All payments of principal, interest and unpaid interest thereonfees will be debited to your Nominated Account, or such other account acceptable to us. Upon receipt We may require a signed direct debit request form from you authorising us to debit your Nominated Account. Loan Maintenance Fee A loan maintenance fee of notice [Annualised Maintenance Fee Amount] per annum is payable in equal instalments with the Interest Payment. We will notify you of prepayment the loan maintenance fee payment details after the Drawdown Date . {This fee has been waived.} Special Conditions (i) The term of this Note in full any Fixed Rate Loan Facility must not exceed 5 years. (ii) If, prior to the holder hereofend of the Fixed Rate Period we have not agreed in writing on the terms of a new Loan Facility, such holder shall no longer be entitled then we may apply the Overdue Rate to convert this Note so long as prepayment in full is made by the Company Outstanding Amount in accordance with the terms of this section within fifteen (15) days clause A12 of the date of such notice of prepayment. The Company shall provide the Holder with not less than 3 days prior written notice of its intent to make any such repayment which notice shall state (i) the aggregate principal amount of this Note to be repaid, (ii) the accrued principal to be paid, (iii) the date set for repayment, (iv) the place where repayment will be made, (v) that, if this Note is being repaid in part, new Notes in an aggregate principal amount equal to the unrepaid portion of this Note will be issued to the Holder, (vi) that this Note must be surrendered to receive the repayment amount and (vii) that, unless the Company fails to make the amount necessary for repayment of the Note available to this Holder, the Note will cease to accrue interest on and after the date set for repayment. Upon surrender of this Note after such notice for repayment, the Company shall pay the Holders the amount set forth in such notice together with accrued and unpaid principal thereon in accordance with Section 2. If the amount necessary for repayment of this Note has been made available to the Holder as set forth in such notice, this Note will cease to accrue interest on and after the date set for repayment. Any partial repayment of the Notes shall be made pro rata among the holders of all of the Notes. Upon surrender of this Note for partial repayment, the Company shall issue a new Note equal in aggregate principal amount to the unrepaid portion of this Note so surrenderedGeneral Terms.
Appears in 1 contract
Samples: Loan Agreement