Effect of cancellation and prepayment on scheduled repayments. (a) If the Company cancels the whole or any part of the Term Commitments in accordance with Clause 7.5 (Right of cancellation and repayment in relation to a single Lender) or if the Available Commitment of any Lender is cancelled under Clause 7.1 (Illegality) then (other than, in any relevant case, to the extent that any part of the relevant Term Commitment(s) so cancelled is subsequently increased pursuant to Clause 2.3 (Default Increase)) the amount of the Repayment Instalment for each Term Facility Repayment Date falling after that cancellation will reduce pro rata by the amount cancelled. (b) If the Company cancels the whole or any part of the Term Commitments in accordance with Clause 7.2 (Voluntary cancellation) or if the whole or part of any Term Commitment is cancelled pursuant to Clause 5.6 (Cancellation of Commitment) then, the amount of the Repayment Instalment for each Term Facility Repayment Date falling after that cancellation will reduce in inverse chronological order by the amount cancelled. (c) If any Term Loan is repaid or prepaid in accordance with Clause 7.5 (Right of cancellation and repayment in relation to a single Lender) or Clause 7.1 (Illegality) then, other than to the extent that any part of the relevant Commitment is subsequently increased pursuant to Clause 2.3 (Default Increase)), the amount of the Repayment Instalment for each Term Facility Repayment Date falling after that repayment or prepayment will reduce pro rataby the amount of the Term Loan repaid or prepaid. (d) If any Term Loan is prepaid in accordance with Clause 7.3 (Voluntary prepayment of Term Loans), or Clause 8.2 (Disposal, Insurance and Acquisition Proceeds and Excess Cashflow) then the amount of the Repayment Instalment for each Term Facility Repayment Date falling after that prepayment will reduce in inverse chronological order by the amount of the Term Loan prepaid.
Appears in 2 contracts
Samples: Facilities Agreement (StarTek, Inc.), Facilities Agreement (StarTek, Inc.)
Effect of cancellation and prepayment on scheduled repayments. (a) If the Company cancels Borrowers cancel the whole or any part of the Term Commitments any Available Commitment in accordance with Clause 7.5 7.7 (Right of replacement or repayment and cancellation and repayment in relation to a single Lender) or if the Available Commitment of any Lender is cancelled under Clause 7.1 (IllegalityIllegality and Sanctions Laws affecting a Lender) then the Repayment Instalments (other thanincluding, in any relevant caseif applicable, to the extent that any part of the relevant Term Commitment(sBalloon Instalments) so cancelled is subsequently increased pursuant to Clause 2.3 (Default Increase)) the amount of the Repayment Instalment for each Term Facility Repayment Date falling after that cancellation will reduce be reduced pro rata by the amount of the Available Commitments so cancelled.
(b) If the Company cancels Borrowers cancel the whole or any part of the Term Commitments any Available Commitment in accordance with Clause 7.2 7.3 (Voluntary and automatic cancellation) or if the whole or part of any Term Commitment is cancelled pursuant to Clause 5.6 5.5 (Cancellation of Commitment) thenCommitments), the amount of then the Repayment Instalments and the Balloon Instalment for each Term Facility Repayment Date falling after that cancellation will reduce in inverse chronological order be reduced pro rata by the amount of the Commitments so cancelled.
(c) If any Term part of the Loan is repaid or prepaid in accordance with Clause 7.5 7.7 (Right of replacement or repayment and cancellation and repayment in relation to a single Lender) or Clause 7.1 (IllegalityIllegality and Sanctions Laws affecting a Lender) thenthen the Repayment Instalments (including, other than to the extent that any part of if applicable, the relevant Commitment is subsequently increased pursuant to Clause 2.3 (Default Increase)), the amount of the Repayment Instalment for each Term Facility Repayment Date Balloon Instalments) falling after that repayment or prepayment (as applicable) will reduce be reduced pro rataby rata by the amount of the Term Loan repaid or prepaid.
(d) If any Term part of the Loan is prepaid in accordance with Clause 7.3 7.4 (Voluntary prepayment of Term LoansLoan), or Clause 8.2 7.6 (Disposal, Insurance and Acquisition Proceeds and Excess CashflowMandatory prepayment of Hedging Prepayment Proceeds) then the amount of the Repayment Instalments and Balloon Instalment for each Term Facility Repayment Date falling after that repayment or prepayment will reduce be reduced in inverse chronological order of maturity by the amount of the Term Loan repaid or prepaid.
(e) If any part of the Loan is prepaid in accordance with Clause 7.5 (Mandatory prepayment on sale, seizure or Total Loss), then the amount of the Loan prepaid shall reduce the then outstanding Repayment Instalments and the Balloon Instalment in order of maturity.
Appears in 1 contract
Effect of cancellation and prepayment on scheduled repayments. (a) If the Company cancels the whole or any part of the Term Facility A Commitments or the Facility B Commitments in accordance with Clause 7.5 8.5 (Right of cancellation and repayment in relation to a single Lender) or if the Available Facility A Commitment or the Facility B Commitment of any Lender is cancelled under Clause 7.1 8.1 (IllegalityIllegality of a Lender) then then:
(other than, i) in any relevant case, to the extent that any part case of the relevant Term Commitment(s) so cancelled is subsequently increased pursuant to Clause 2.3 (Default Increase)) Facility A Commitments, the amount of the Repayment Instalment in relation to Facility A for each Term Repayment Date falling after that cancellation will reduce pro rata by the amount cancelled; and
(ii) in the case of the Facility B Commitments, the amount of the Repayment Instalment in relation to Facility B for each Repayment Date falling after that cancellation will reduce pro rata by the amount cancelled.
(b) If the Company cancels the whole or any part of the Term Commitments in accordance with Clause 7.2 (Voluntary cancellation) Facility A Loans or if the whole or part of any Term Commitment is cancelled pursuant to Clause 5.6 (Cancellation of Commitment) then, the amount of the Repayment Instalment for each Term Facility Repayment Date falling after that cancellation will reduce in inverse chronological order by the amount cancelled.
(c) If any Term Loan is repaid or B Loans are prepaid in accordance with Clause 7.5 8.5 (Right of cancellation and repayment in relation to a single Lender) or Clause 7.1 8.1 (Illegality) then, other than to the extent that any part Illegality of the relevant Commitment is subsequently increased pursuant to Clause 2.3 (Default Increase)), the amount of the Repayment Instalment for each Term Facility Repayment Date falling after that repayment or prepayment will reduce pro rataby the amount of the Term Loan repaid or prepaid.
(d) If any Term Loan is prepaid in accordance with Clause 7.3 (Voluntary prepayment of Term Loans), or Clause 8.2 (Disposal, Insurance and Acquisition Proceeds and Excess Cashflowa Lender) then the amount of the Repayment Instalment for the relevant Facility for each Term Facility Repayment Date falling after that prepayment will reduce in inverse chronological order pro rata by the amount of the Term Facility A Loan or, as the case may be, Facility B Loan prepaid.
(c) If any of the Facility A Loans or Facility B Loans are prepaid in accordance with Clause 8.4 (Voluntary prepayment of Loans) then:
(i) in the case of Facility A, the amount of the Facility A Loan prepaid shall reduce the amount of the Repayment Instalments for the Repayment Dates falling after that prepayment and, as between such Repayment Instalments, shall be applied at the option of the Company; and
(ii) in the case of Facility B, the amount of the Facility B Loan prepaid shall reduce the amount of the Repayment Instalments for the Repayment Dates falling after that prepayment and, as between such Repayment Instalments, shall be applied at the option of the Company.
(d) If any of the Facility A Loans or Facility B Loans are prepaid in accordance with Clause 8.6 (Mandatory prepayment from Disposal Proceeds) or, with respect to a Reasonable Endeavours Securities Issuance, Clause 8.7 (Mandatory Prepayment from Securities Issuance Proceeds) then:
(i) in the case of Facility A, the amount of the Facility A Loan prepaid shall reduce the amount of the 2009 Facility A Repayment Instalment; and
(ii) in the case of Facility B, the amount of the Facility B Loan prepaid shall reduce the amount of the 2009 Facility B Repayment Instalment.
(e) If any of the Facility A Loans or Facility B Loans are prepaid in accordance with, with respect to an Optional Securities Issuance, Clause 8.7 (Mandatory Prepayment from Securities Issuance Proceeds) then:
(i) in the case of Facility A, the amount of the Facility A Loan prepaid shall reduce the amount of the 2010 Facility A Repayment Instalments on a pro rata basis; and
(ii) in the case of Facility B, the amount of the Facility B Loan prepaid shall reduce the amount of the 2010 Facility B Repayment Instalments on a pro rata basis.
Appears in 1 contract
Effect of cancellation and prepayment on scheduled repayments. (a) If the Company cancels the whole or any part of the Term Commitments in accordance with Clause 7.5 (Right of cancellation and repayment in relation to a single Lender) or if the Available Commitment of any Lender is cancelled under Clause 7.1 (Illegality) then (other than, in any relevant case, to the extent that any part of the relevant Term Commitment(s) so cancelled is subsequently increased pursuant to Clause 2.3 (Default Increase)) the amount of the Repayment Instalment for each Term Facility Repayment Date falling after that cancellation will reduce pro rata by the amount cancelled.
(b) If the Company cancels the whole or any part of the Term Commitments in accordance with Clause 7.2 (Voluntary cancellation) or if the whole or part of any Term Commitment is cancelled pursuant to Clause 5.6 (Cancellation of Commitment) then, the amount of the Repayment Instalment for each Term Facility Repayment Date falling after that cancellation will reduce in inverse chronological order by the amount cancelled.
(c) If any Term Loan is repaid or prepaid in accordance with Clause 7.5 (Right of cancellation and repayment in relation to a single Lender) or Clause 7.1 (Illegality) then, other than to the extent that any part of the relevant Commitment is subsequently increased pursuant to Clause 2.3 (Default Increase)), the amount of the Repayment Instalment for each Term Facility Repayment Date falling after that repayment or prepayment will reduce pro rataby the amount of the Term Loan repaid or prepaid.
(d) If any Term Loan is prepaid in accordance with Clause 7.3 (Voluntary prepayment of Term Loans), or Clause 8.2 (Disposal, Insurance and Acquisition Proceeds and Excess Cashflow) then the amount of the Repayment Instalment for each Term Facility Repayment Date falling after that prepayment will reduce in inverse chronological order by the amount of the Term Loan prepaid.
Appears in 1 contract
Samples: Facilities Agreement (StarTek, Inc.)
Effect of cancellation and prepayment on scheduled repayments. (a) If the Company cancels Borrowers cancel the whole or any part of the Term Commitments any Available Commitment in accordance with Clause 7.5 7.7 (Right of repayment and cancellation and repayment in relation to a single Lender) or if the Available Commitment of any Lender is cancelled under Clause 7.1 (IllegalityIllegality and Sanctions affecting a Lender) then (other than, in any relevant case, to the extent that any part of the relevant Term Commitment(s) so cancelled is subsequently increased pursuant to Clause 2.3 (Default Increase)) the amount of the Repayment Instalment for each Term Facility Repayment Date Instalments and, where applicable, the Balloon Instalments falling after that cancellation will reduce be reduced pro rata by the amount of the Available Commitments so cancelled.
(b) If the Company cancels the whole or any part of the Term Commitments in accordance with Clause 7.2 (Voluntary cancellation) or if the whole or part of any Term Commitment is cancelled pursuant to Clause 5.6 5.4 (Cancellation of CommitmentCommitments) thenor Clause 7.3 (Voluntary and automatic cancellation), the amount of Repayment Instalments and, where applicable, the Repayment Instalment Balloon Instalments for each Term Facility Repayment Date falling after that cancellation will reduce in inverse chronological order be reduced pro rata by the amount of the Commitments so cancelled.
(c) If any Term part of the Loan is repaid or prepaid in accordance with Clause 7.5 7.7 (Right of repayment and cancellation and repayment in relation to a single Lender) or Clause 7.1 (Illegality) then, other than to the extent that any part of the relevant Commitment is subsequently increased pursuant to Clause 2.3 (Default Increase)Illegality and Sanctions affecting a Lender), the amount of then such prepayment shall be applied pro rata against each Tranche and the Repayment Instalment Instalments and, where applicable, the Balloon Instalments for each Term Facility Repayment Date falling after that repayment or prepayment (as applicable) will reduce be reduced pro rataby rata by the amount of the Term Loan repaid or prepaid.
(d) If any Term part of the Loan is prepaid in accordance with Clause 7.3 7.4 (Voluntary prepayment of Term LoansLoan), then such prepayment shall be applied pro rata against each Tranche and the amount of the Repayment Instalments and, where applicable, the Balloon Instalments for each Repayment Date falling after that repayment or prepayment will be reduced in chronological order of maturity by the amount of the Loan repaid or prepaid.
(e) If any part of the Loan is prepaid in accordance with Clause 7.5 (Mandatory prepayment on default under Shipbuilding Contract) or Clause 8.2 7.6 (DisposalMandatory prepayment on sale or Total Loss), Insurance and Acquisition Proceeds and Excess Cashflow) then the amount of the relevant Repayment Instalments and the relevant Balloon Instalment for the relevant Tranche for each Term Facility Repayment Date falling after that repayment or prepayment will reduce in inverse chronological order be reduced pro rata by the amount of the Term Loan repaid or prepaid, unless such mandatory prepayment is made against the full amount of such Tranche and any balance after the prepayment of the relevant Tranche in full shall reduce the Repayment Instalments and the Balloon Instalment of the other outstanding Tranches pro rata.
Appears in 1 contract
Effect of cancellation and prepayment on scheduled repayments. (a) If the Company cancels Borrowers cancel the whole or any part of the Term Commitments any Available Commitment in accordance with Clause 7.5 7.6 (Right of repayment and cancellation and repayment in relation to a single Lender) or if the Available Commitment of any Lender is cancelled under Clause 7.1 (IllegalityIllegality and Sanctions affecting a Lender) then (other than, in any relevant case, to the extent that any part of the relevant Term Commitment(s) so cancelled is subsequently increased pursuant to Clause 2.3 (Default Increase)) the amount of the Repayment Instalment for each Term Facility Repayment Date Instalments and the Balloon Instalments falling after that cancellation will reduce be reduced pro rata by the amount of the Available Commitments so cancelled.
(b) If the Company cancels Borrowers cancel the whole or any part of the Term Commitments any Available Commitment in accordance with Clause 7.2 7.3 (Voluntary and automatic cancellation) or if the whole or part of any Term Commitment is cancelled pursuant to Clause 5.6 (Cancellation of Commitment) thenCommitments), the amount of then the Repayment Instalment for each Term Facility Repayment Date Instalments and the Balloon Instalments falling after that cancellation will reduce in inverse chronological order be reduced pro rata by the amount of the Commitments so cancelled.
(c) If any Term part of the Loan is repaid or prepaid in accordance with Clause 7.5 7.6 (Right of repayment and cancellation and repayment in relation to a single Lender) or Clause 7.1 (IllegalityIllegality and Sanctions affecting a Lender) then, other than to the extent that any part of the relevant Commitment is subsequently increased pursuant to Clause 2.3 (Default Increase)), the amount of then the Repayment Instalment for each Term Facility Repayment Date Instalments and the Balloon Instalments falling after that repayment or prepayment (as applicable) will reduce be reduced pro rataby rata by the amount of the Term Loan repaid or prepaid.
(d) If any Term part of the Loan is prepaid in accordance with Clause 7.3 7.4 (Voluntary prepayment of Term LoansLoan), then such prepayment shall be applied pro rata against each Tranche and the amount of the Repayment Instalments and Balloon Instalment for each Tranche for each Repayment Date falling after that repayment or prepayment will be reduced pro rata by the amount of the Loan repaid or prepaid, unless such voluntary prepayment is made against the full amount of each Tranche, then such amount prepaid shall be applied against that Tranche.
(e) If any part of the Loan is prepaid in accordance with Clause 8.2 7.5 (DisposalMandatory prepayment on sale, Insurance and Acquisition Proceeds and Excess Cashflow) seizure or Total Loss), then the amount of the Repayment Instalment for each Term Facility Repayment Date falling after that prepayment will reduce Loan prepaid shall be applied against the Tranche which has been used in inverse chronological order by the amount respect of the Term Loan prepaidrelevant Ship and thereafter any balance shall reduce the then outstanding Repayment Instalments and the Balloon Instalment of the other Tranches in order of maturity.
Appears in 1 contract
Effect of cancellation and prepayment on scheduled repayments. (a) If the Company cancels Borrowers cancel the whole or any part of the Term Commitments any Available Commitment in accordance with Clause 7.5 7.6 (Right of repayment and cancellation and repayment in relation to a single Lender) or if the Available Commitment of any Lender is cancelled under Clause 7.1 (IllegalityIllegality and Sanctions affecting a Lender) then (other than, in any relevant case, to the extent that any part of the relevant Term Commitment(s) so cancelled is subsequently increased pursuant to Clause 2.3 (Default Increase)) the amount of the Repayment Instalment for each Term Facility Repayment Date Instalments and the Balloon Instalments falling after that cancellation will reduce be reduced pro rata by the amount of the Available Commitments so cancelled.
(b) If the Company cancels Borrowers cancel the whole or any part of the Term Commitments any Available Commitment in accordance with Clause 7.2 7.3 (Voluntary and automatic cancellation) or if the whole or part of any Term Commitment is cancelled pursuant to Clause 5.6 (Cancellation of Commitment) thenCommitments), the amount of then the Repayment Instalment for each Term Facility Repayment Date Instalments and the Balloon Instalments falling after that cancellation will reduce in inverse chronological order be reduced pro rata by the amount of the Commitments so cancelled.
(c) If any Term part of the Loan is repaid or prepaid in accordance with Clause 7.5 7.6 (Right of repayment and cancellation and repayment in relation to a single Lender) or Clause 7.1 (IllegalityIllegality and Sanctions affecting a Lender) then, other than to the extent that any part of the relevant Commitment is subsequently increased pursuant to Clause 2.3 (Default Increase)), the amount of then the Repayment Instalment for each Term Facility Repayment Date Instalments and the Balloon Instalments falling after that repayment or prepayment (as applicable) will reduce be reduced pro rataby rata by the amount of the Term Loan repaid or prepaid.
(d) If any Term part of the Loan is prepaid in accordance with Clause 7.3 7.4 (Voluntary prepayment of Term LoansLoan), then such prepayment shall be applied pro rata against each Tranche and the amount of the Repayment Instalments and Balloon Instalment for each Tranche for each Repayment Date falling after that repayment or prepayment will be reduced pro rata by the amount of the Loan repaid or prepaid, unless such voluntary prepayment is made against the full amount of each Tranche, then such amount prepaid shall be applied against that Tranche.
(e) If any part of the Loan is prepaid in accordance with Clause 8.2 7.5 (DisposalMandatory prepayment on sale, Insurance and Acquisition Proceeds and Excess Cashflow) seizure or Total Loss), then the amount of the Repayment Instalment for each Term Facility Repayment Date falling after that prepayment will reduce Loan prepaid shall be applied against the Tranche which has been used in inverse chronological order by the amount respect of the Term Loan prepaidrelevant Ship and thereafter any balance shall reduce the then outstanding Repayment Instalments and the relevant Balloon Instalment of the other Tranches in order of maturity.
Appears in 1 contract
Effect of cancellation and prepayment on scheduled repayments. (a) 6.2.1 If the Company Borrower cancels the whole or any part of the Term Facility A Commitments, the Facility B1 Commitments, the Facility B2 Commitments or the Facility B3 Commitments in accordance with Clause 7.5 clause 7.4 (Right of cancellation and repayment in relation to a single Lender) or if the Available Facility A Commitment, Facility B1 Commitment, Facility B2 Commitment or Facility B3 Commitment of any Lender is cancelled reduced under Clause clause 7.1 (Illegality) then then:
(other than, a) in any relevant case, to the extent that any part case of the relevant Term Commitment(s) so cancelled is subsequently increased pursuant to Clause 2.3 (Default Increase)) Facility A Commitments, the amount of the Repayment Instalment for each Term Repayment Date falling after that cancellation will reduce pro rata by the amount cancelled;
(b) in the case of the Facility B1 Commitments, the amount of the Repayment Instalment for each Repayment Date falling after that cancellation will reduce pro rata by the amount cancelled;
(c) in the case of the Facility B2 Commitments, the amount of the Repayment Instalment for each Repayment Date falling after that cancellation will reduce pro rata by the amount cancelled; and
(d) in the case of the Facility B3 Commitments, the amount of the Repayment Instalment for each Repayment Date falling after that cancellation will reduce pro rata by the amount cancelled.
(b) 6.2.2 If the Company Borrower cancels the whole or any part of the Term Facility A Commitments, the Facility B1 Commitments, the Facility B2 Commitments or the Facility B3 Commitments in accordance with Clause clause 7.2 (Voluntary cancellation) or if then:
(a) in the whole or part case of any Term Commitment is cancelled pursuant to Clause 5.6 (Cancellation of Commitment) thenthe Facility A Commitments, the amount of the Repayment Instalment for each Term Repayment Date falling after that cancellation will reduce in inverse chronological order by the amount cancelled;
(b) in the case of the Facility B1 Commitments, the amount of the Repayment Instalment for each Repayment Date falling after that cancellation will reduce in inverse chronological order by the amount cancelled;
(c) in the case of the Facility B2 Commitments, the amount of the Repayment Instalment for each Repayment Date falling after that cancellation will reduce in inverse chronological order by the amount cancelled; and
(d) in the case of the Facility B3 Commitments, the amount of the Repayment Instalment for each Repayment Date falling after that cancellation will reduce in inverse chronological order by the amount cancelled.
(c) 6.2.3 If any Term of the Facility A Loan, the Facility B1 Loan, the Facility B2 Loan is repaid or the Facility B3 Loan are prepaid in accordance with Clause 7.5 clause 7.4 (Right of cancellation and repayment in relation to a single Lender) or Clause clause 7.1 (Illegality) then, other than to then the extent that any part amount of the Repayment Instalment for the relevant Commitment is subsequently increased pursuant to Clause 2.3 Facility for each Repayment Date falling after that prepayment will reduce pro rata by the amount of the Facility A Loan, the Facility B1 Loan, the Facility B2 Loan or the Facility B3 Loan (Default Increase))as the case may be) prepaid.
6.2.4 If any of the Facility A Loan, the Facility B1 Loan, the Facility B2 Loan or the Facility B3 Loan are prepaid in accordance with clause 7.3 (Voluntary prepayment of Loans) or clause 8.3 (Application of mandatory prepayments) then:
(a) in the case of Facility A, the amount of the Repayment Instalment for each Term Facility Repayment Date falling after that repayment or prepayment will reduce pro rataby the amount of the Term Loan repaid or prepaid.
(d) If any Term Loan is prepaid in accordance with Clause 7.3 (Voluntary prepayment of Term Loans), or Clause 8.2 (Disposal, Insurance and Acquisition Proceeds and Excess Cashflow) then the amount of the Repayment Instalment for each Term Facility Repayment Date falling after that prepayment will reduce in inverse chronological order by the amount of the Term Facility A Loan prepaid;
(b) in the case of Facility B1, the amount of the Repayment Instalment for each Repayment Date falling after that prepayment will reduce in inverse chronological order by the amount of the Facility B1 Loan prepaid;
(c) in the case of Facility B2, the amount of the Repayment Instalment for each Repayment Date falling after that prepayment will reduce in inverse chronological order by the amount of the Facility B2 Loan prepaid; and
(d) in the case of Facility B3, the amount of the Repayment Instalment for each Repayment Date falling after that prepayment will reduce in inverse chronological order by the amount of the Facility B3 Loan prepaid.
Appears in 1 contract
Samples: Facilities Agreement (International Shipping Enterprises, Inc.)
Effect of cancellation and prepayment on scheduled repayments. (a) If the Company Borrower cancels the whole or any part of the Term Commitments any Available Commitment in accordance with Clause 7.5 7.4 (Right of cancellation and repayment in relation to a single Lender) or Clause 7.6 (Right of cancellation in relation to a Defaulting Lender) or if the Available Commitment of any Lender is cancelled under Clause 7.1 (Illegality) then (other than, in any relevant case, to the extent that any part of the relevant Term Available Commitment(s) so cancelled is subsequently increased pursuant to Clause 2.3 2.2 (Default Increase)) in the case of the Facility A Commitments, the amount of the Repayment Instalment for each Term Facility Repayment Date falling after that cancellation will reduce pro rata by the amount cancelled.
(b) If the Company Borrower cancels the whole or any part of the Term Commitments any Available Commitment in accordance with Clause 7.2 (Voluntary cancellation) or if the whole or part of any Term Commitment is cancelled pursuant to Clause 5.6 (Cancellation of Commitment) thenthen in the case of Facility A Commitments, the amount of the Repayment Instalment for each Term Facility Repayment Date falling after that cancellation will reduce in inverse chronological order pro rata by the amount cancelled.
(c) If any Term Loan is repaid or prepaid in accordance with Clause 7.5 7.4 (Right of cancellation and repayment in relation to a single Lender) or Clause 7.1 (Illegality) then, other than to the extent that any part of the relevant Commitment is subsequently increased pursuant to Clause 2.3 2.2 (Default Increase)), the amount of the Repayment Instalment Instalments for the relevant Facility for each Term Facility Repayment Date falling after that repayment or prepayment will reduce pro rataby rata by the amount of the Term Loan repaid or prepaid.
(d) If any Term Facility A Loan is prepaid in accordance with Clause 7.3 (Voluntary prepayment of Term Loans), or Clause 8.2 (Disposal, Insurance and Acquisition Proceeds and Excess Cashflow) then the amount of the Repayment Instalment for each Term Facility Repayment Date falling after that prepayment will reduce in inverse chronological order be reduced as selected by the Borrower by the amount of the Term Facility A Loan prepaid.
Appears in 1 contract
Effect of cancellation and prepayment on scheduled repayments. (a) If the Company cancels Borrowers cancel the whole or any part of the Term Commitments any Available Commitment in accordance with Clause 7.5 7.6 (Right of replacement or repayment and cancellation and repayment in relation to a single Lender) or if the Available Commitment of any Lender is cancelled under Clause 7.1 (Illegality) then (other than, in any relevant case, to the extent Repayment Instalments falling after that any part of the relevant Term Commitment(s) so cancelled is subsequently increased pursuant to Clause 2.3 (Default Increase)) cancellation will reduce pro rata by the amount of the Available Commitments so cancelled;
(b) If the Borrowers cancel the whole or any part of any Available Commitment in accordance with Clause 7.3 (Voluntary and automatic cancellation) or if the whole or part of any Commitment is cancelled pursuant to Clause 5.5 (Cancellation of Commitments), the Repayment Instalment Instalments for the relevant Tranche for each Term Facility Repayment Date falling after that cancellation will reduce pro rata by the amount cancelled.
(b) If the Company cancels the whole or any part of the Term Commitments in accordance with Clause 7.2 (Voluntary cancellation) or if the whole or part of any Term Commitment is cancelled pursuant to Clause 5.6 (Cancellation of Commitment) then, the amount of the Repayment Instalment for each Term Facility Repayment Date falling after that cancellation will reduce in inverse chronological order by the amount so cancelled.;
(c) If any Term part of the Loan is repaid or prepaid in accordance with Clause 7.5 7.6 (Right of replacement or repayment and cancellation and repayment in relation to a single Lender) or Clause 7.1 (Illegality) then, other than to the extent that any part of the relevant Commitment is subsequently increased pursuant to Clause 2.3 (Default Increase)), the amount of then the Repayment Instalment Instalments for each Term Facility Repayment Date falling after that repayment or prepayment will reduce pro rataby rata by the amount of the Term Loan repaid or prepaid.;
(d) If any Term part of the Loan is prepaid in accordance with Clause 7.3 7.4 (Voluntary prepayment of Term LoansLoan), Clause 7.5 (Mandatory prepayment on sale or Clause 8.2 (Disposal, Insurance and Acquisition Proceeds and Excess CashflowTotal Loss) then the amount of the Repayment Instalment Instalments for each Term Facility Repayment Date falling after that repayment or prepayment will reduce in inverse chronological order by the amount of the Term Loan repaid or prepaid.
Appears in 1 contract
Samples: Term Loan Facility Agreement (Castor Maritime Inc.)
Effect of cancellation and prepayment on scheduled repayments. (a) 6.2.1 If the Company Borrower cancels the whole or any part of the Term Facility A Commitments, the Facility B1 Commitments, the Facility B2 Commitments or the Facility B3 Commitments in accordance with Clause 7.5 clause 7.4 (Right of cancellation and repayment in relation to a single Lender) or if the Available Facility A Commitment, Facility B1 Commitment, Facility B2 Commitment or Facility B3 Commitment of any Lender is cancelled reduced under Clause clause 7.1 (Illegality) then then:
(other than, a) in any relevant case, to the extent that any part case of the relevant Term Commitment(s) so cancelled is subsequently increased pursuant to Clause 2.3 (Default Increase)) Facility A Commitments, the amount of the Repayment Instalment for each Term Repayment Date falling after that cancellation will reduce pro rata by the amount cancelled;
(b) in the case of the Facility B1 Commitments, the amount of the Repayment Instalment for each Repayment Date falling after that cancellation will reduce pro rata by the amount cancelled;
(c) in the case of the Facility B2 Commitments, the amount of the Repayment Instalment for each Repayment Date falling after that cancellation will reduce pro rata by the amount cancelled; and
(d) in the case of the Facility B3 Commitments, the amount of the Repayment Instalment for each Repayment Date falling after that cancellation will reduce pro rata by the amount cancelled.
(b) 6.2.2 If the Company Borrower cancels the whole or any part of the Term Facility A Commitments, the Facility B1 Commitments, the Facility B2 Commitments or the Facility B3 Commitments in accordance with Clause clause 7.2 (Voluntary cancellation) or if then:
(a) in the whole or part case of any Term Commitment is cancelled pursuant to Clause 5.6 (Cancellation of Commitment) thenthe Facility A Commitments, the amount of the Repayment Instalment for each Term Repayment Date falling after that cancellation will reduce in inverse chronological order by the amount cancelled;
(b) in the case of the Facility B1 Commitments, the amount of the Repayment Instalment for each Repayment Date falling after that cancellation will reduce in inverse chronological order by the amount cancelled;
(c) in the case of the Facility B2 Commitments, the amount of the Repayment Instalment for each Repayment Date falling after that cancellation will reduce in inverse chronological order by the amount cancelled; and
(d) in the case of the Facility B3 Commitments, the amount of the Repayment Instalment for each Repayment Date falling after that cancellation will reduce in inverse chronological order by the amount cancelled.
(c) 6.2.3 If any Term of the Facility A Loan, the Facility B1 Loan, the Facility B2 Loan is repaid or the Facility B3 Loan are prepaid in accordance with Clause 7.5 clause 7.4 (Right of cancellation and repayment in relation to a single Lender) or Clause clause 7.1 (Illegality) then, other than to the extent that any part of the relevant Commitment is subsequently increased pursuant to Clause 2.3 (Default Increase)), the amount of the Repayment Instalment for each Term Facility Repayment Date falling after that repayment or prepayment will reduce pro rataby the amount of the Term Loan repaid or prepaid.
(d) If any Term Loan is prepaid in accordance with Clause 7.3 (Voluntary prepayment of Term Loans), or Clause 8.2 (Disposal, Insurance and Acquisition Proceeds and Excess Cashflow) then the amount of the Repayment Instalment for the relevant Facility for each Term Facility Repayment Date falling after that prepayment will reduce in inverse chronological order pro rata by the amount of the Term Facility A Loan, the Facility B1 Loan, the Facility B2 Loan or the Facility B3 Loan (as the case may be) prepaid.
6.2.4 If any of the Facility A Loan, the Facility B1 Loan, the Facility B2 Loan or the Facility B3 Loan are prepaid in accordance with clause 7.3 (Voluntary prepayment of Loans), 8.
Appears in 1 contract
Samples: Facilities Agreement (International Shipping Enterprises, Inc.)
Effect of cancellation and prepayment on scheduled repayments. (a) If the Company cancels the whole or any part of the Term Commitments in accordance with Clause 7.5 (Right of cancellation and repayment in relation to a single Lender) or if the Available Commitment of any Lender is cancelled under Clause 7.1 (Illegality) then (other than, in any relevant case, to the extent that any part of the relevant Term Commitment(s) so cancelled is subsequently increased pursuant to Clause 2.3 (Default Increase)) the amount of the Repayment Instalment for each Term Facility Repayment Date Instalments and the Balloon Instalments falling after that cancellation will reduce be reduced pro rata by the amount of the Available Commitments so cancelled.
(b) If the Company cancels the whole or any part of the Term Commitments in accordance with Clause 7.2 (Voluntary cancellation) or if the whole or part of any Term Commitment is cancelled pursuant to Clause 5.6 5.5 (Cancellation of CommitmentCommitments) thenor Clause 7.2 (Voluntary and automatic cancellation), the amount of Repayment Instalments and the Repayment Instalment Balloon Instalments for each Term Facility Repayment Date falling after that cancellation will reduce in inverse chronological order be reduced pro rata by the amount of the Commitments so cancelled.
(c) If any Term part of the Loan is repaid or prepaid in accordance with Clause 7.5 (Right of cancellation and repayment in relation to a single Lender) or Clause 7.1 (Illegality) then, other than to the extent that any part of the relevant Commitment is subsequently increased pursuant to Clause 2.3 (Default Increase)), the amount of then the Repayment Instalment Instalments and the Balloon Instalments for each Term Facility Repayment Date falling after that repayment or prepayment (as applicable) will reduce be reduced pro rataby rata by the amount of the Term Loan repaid or prepaid.
(d) If any Term part of the Loan is prepaid in accordance with Clause 7.3 (Voluntary prepayment of Term LoansLoan), then such prepayment shall be applied pro rata against each Tranche and the amount of the Repayment Instalments and the Balloon Instalments for each Repayment Date falling after that repayment or prepayment will be reduced pro rata by the amount of the Loan repaid or prepaid, unless such voluntary prepayment is made against the full amount of each Tranche, then such amount prepaid shall be applied against that Tranche.
(e) If any part of the Loan is prepaid in accordance with Clause 8.2 7.4 (DisposalMandatory prepayment on sale, Insurance and Acquisition Proceeds and Excess Cashflowseizure or Total Loss) then the amount of the Repayment Instalment for each Term Facility Repayment Date falling after that prepayment will reduce Loan prepaid shall be applied against the Tranche which has been utilised in inverse chronological order by the amount respect of the Term Loan prepaidrelevant Ship and thereafter any balance shall be applied pro rata against each other Tranche and shall reduce the then outstanding Repayment Instalments and the Balloon Instalments of such other Tranches in chronological order.
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Effect of cancellation and prepayment on scheduled repayments. (a) If the Company cancels the whole or any part of the Term Facility Commitments or the Revolving Facility Commitments in accordance with Clause 7.5 10.6 (Right of cancellation and repayment in relation to a single Lender or Issuing Bank) or Clause 10.7 (Right of cancellation in relation to a Defaulting Lender) or if the Available relevant Term Facility Commitment or Revolving Facility Commitment of any Lender is cancelled reduced under Clause 7.1 10.1 (Illegality) then (other than, in any relevant case, to the extent that any part of the relevant Term Commitment(s) so cancelled is subsequently increased pursuant to Clause 2.3 2.2 (Default Increase)),
(i) in the case of the Facility A Commitments, the amount of the Repayment Instalment Instalments for each Term Facility A Repayment Date falling after that cancellation will reduce pro rata by the amount cancelled;
(ii) in the case of the Facility B Commitments, the amount of the Facility B Commitment will reduce by the amount of that cancellation; and
(iii) in the case of the Revolving Facility Commitments, the Revolving Facility Commitment will reduce by the amount of that cancellation.
(b) If the Company cancels the whole or any part of the Term Facility Commitments or the Revolving Facility Commitments in accordance with Clause 7.2 10.3 (Voluntary cancellation) or if then,
(i) in the whole or part case of any Term Commitment is cancelled pursuant to Clause 5.6 (Cancellation of Commitment) thenthe Facility A Commitments, the amount of the Repayment Instalment Instalments for each Term Facility A Repayment Date falling after that cancellation will reduce in inverse chronological order pro rata by the amount cancelled;
(ii) in the case of the Facility B Commitments, the amount of the Facility B Commitment will reduce by the amount of that cancellation; and
(iii) in the case of the Revolving Facility Commitments, the Revolving Facility Commitment will reduce by the amount of that cancellation.
(c) If any a Term Loan is repaid or prepaid in accordance with Clause 7.5 10.6 (Right of cancellation and repayment in relation to a single LenderLender or Issuing Bank) or Clause 7.1 10.1 (Illegality) then, other than to the extent that any part of the relevant Commitment is subsequently increased pursuant to Clause 2.3 (Default Increase)), the amount of the Repayment Instalment for each Term Facility Repayment Date falling after that repayment or prepayment will reduce pro rataby the amount of the Term Loan repaid or prepaid.
(d) If any Term Loan is prepaid in accordance with Clause 7.3 (Voluntary prepayment of Term Loans), or Clause 8.2 (Disposal, Insurance and Acquisition Proceeds and Excess Cashflow) then the amount of the Repayment Instalment for each Term Facility Repayment Date falling after that prepayment will reduce pro rata by the amount prepaid.
(d) If a Term Loan or Revolving Facility Utilisations are prepaid in inverse chronological order accordance with Clause 10.4 (Voluntary prepayment of a Term Loan) or Clause 10.5 (Voluntary prepayment of Revolving Facility Utilisations) then the Company may apply such prepayment against any Loan or, if applicable, Repayment Instalment as it may choose in its sole discretion.
(e) If a Term Loan is prepaid in accordance with Clause 11.3 (Acquisition, Disposal, Insurance and Recovery Proceeds and Excess Cashflow) then,
(i) in the case of Facility A, the amount of the Repayment Instalments for each Facility A Repayment Date falling after that prepayment will reduce pro rata by the amount of the Term Facility A Loan prepaid; and
(ii) in the case of Facility B, the amount of the Facility B Loan will reduce by the amount of that prepayment.
Appears in 1 contract
Samples: Term and Revolving Facilities Agreement (ShangPharma Corp)
Effect of cancellation and prepayment on scheduled repayments. (a) If the Company Borrower cancels the whole or any part of the Term Commitments any Available Commitment in accordance with Clause 7.5 (Right of repayment and cancellation and repayment in relation to a single Lender) or if the Available Commitment of any Lender is cancelled under Clause 7.1 (IllegalityIllegality and Sanctions affecting a Lender) then the Repayment Instalments falling after that cancellation will be reduced pro rata (other thanincluding, in any relevant casefor the avoidance of doubt, to the extent that any part of the relevant Term Commitment(sBalloon Instalment) so cancelled is subsequently increased pursuant to Clause 2.3 (Default Increase)) by the amount of the Available Commitments so cancelled.
(b) If the whole or any part of any Available Commitment is cancelled in accordance with Clause 7.2 (Voluntary and automatic cancellation) or if the whole or part of any Commitment is cancelled pursuant to Clause 5.5 (Cancellation of Commitments), the Repayment Instalment Instalments for each Term Facility Repayment Date falling after that cancellation will reduce pro rata (including, for the avoidance of doubt, the Balloon Instalment) by the amount cancelled.
(b) If the Company cancels the whole or any part of the Term Commitments in accordance with Clause 7.2 (Voluntary cancellation) or if the whole or part of any Term Commitment is cancelled pursuant to Clause 5.6 (Cancellation of Commitment) then, the amount of the Repayment Instalment for each Term Facility Repayment Date falling after that cancellation will reduce in inverse chronological order by the amount Commitments so cancelled.
(c) If any Term part of the Loan is repaid or prepaid in accordance with Clause 7.5 (Right of repayment and cancellation and repayment in relation to a single Lender) or Clause 7.1 (IllegalityIllegality and Sanctions affecting a Lender) then, other than to the extent that any part of the relevant Commitment is subsequently increased pursuant to Clause 2.3 (Default Increase)), the amount of then the Repayment Instalment Instalments for each Term Facility Repayment Date falling after that repayment or prepayment will reduce be reduced pro rataby rata (including, for the avoidance of doubt, the Balloon Instalment) by the amount of the Term Loan repaid or prepaid.
(d) If any Term part of the Loan is prepaid in accordance with Clause 7.3 (Voluntary prepayment of Term Loans), or Clause 8.2 (Disposal, Insurance and Acquisition Proceeds and Excess CashflowLoan) then the amount of the Repayment Instalment Instalments for each Term Facility Repayment Date falling after that repayment or prepayment will reduce in inverse chronological order be reduced pro rata (including, for the avoidance of doubt, the Balloon Instalment) by the amount of the Term Loan repaid or prepaid.
Appears in 1 contract
Samples: Facility Agreement (Euroseas Ltd.)
Effect of cancellation and prepayment on scheduled repayments. (a) If the Company cancels Borrowers cancel the whole or any part of any Available Commitment of the Term Commitments Loan in accordance with Clause 7.5 7.7 (Right of repayment and cancellation and repayment in relation to a single Lender) or if the Available Commitment of any Lender is cancelled under Clause 7.1 (Illegality) then (other than, in any relevant case, to the extent that any part of the relevant Term Commitment(s) so cancelled is subsequently increased pursuant to Clause 2.3 (Default Increase)) Available Commitment shall be reduced pro rata by the amount of the Available Commitments so cancelled and subsequently the Repayment Instalments and the Balloon Instalment for each Term Facility Repayment Date falling after that cancellation will reduce be reduced pro rata by the amount cancelledrata.
(b) If the Company cancels the whole or any part of the Term Commitments in accordance with Clause 7.2 (Voluntary cancellation) or if the whole or part of any Term Commitment in respect of a Tranche is cancelled pursuant to Clause 5.6 5.5 (Cancellation of Commitment) thenCommitments), the Available Commitment is respect of each Tranche shall be reduced pro rata by the amount of the Commitments so cancelled and subsequently the Repayment Instalments and the Balloon Instalment for each Term Facility Repayment Date falling after that cancellation will reduce in inverse chronological order also be reduced pro rata by the amount cancelledsuch amount.
(c) If any Term part of the Loan is repaid or prepaid in accordance with Clause 7.5 7.7 (Right of replacement or repayment and cancellation and repayment in relation to a single Lender) or Clause 7.1 (Illegality) then, other than to then the extent that any part outstanding amount of the relevant Commitment is subsequently increased pursuant to Clause 2.3 (Default Increase)), Loan shall be reduced pro rata by the amount of the Loan repaid or prepaid and subsequently the Repayment Instalments and the Balloon Instalment for each Term Facility Repayment Date falling after that repayment or prepayment will reduce be reduced pro rataby the amount of the Term Loan repaid or prepaidrata by such amount.
(d) If any Term part of the Loan is prepaid in accordance with Clause 7.3 (Voluntary prepayment of Term LoansLoan), Clause 7.4 (Mandatory prepayment on sale, refinancing or Total Loss) or Clause 8.2 7.8 (DisposalMandatory prepayment of Hedging Prepayment Proceeds), Insurance then the outstanding amount of the Loan shall be reduced pro rata by the amount of the Loan being prepaid and Acquisition Proceeds and Excess Cashflow) then subsequently the amount of the Repayment Instalments and the Balloon Instalment for each Term Facility Repayment Date falling after that repayment or prepayment will reduce in inverse chronological order be reduced pro rata by the amount of the Term Loan being repaid or prepaid.
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