Involuntary Prepayment Sample Clauses

Involuntary Prepayment. If Term Loan B has become due and payable according to the terms hereof because of the occurrence and continuance of an Event of Default, Borrower shall immediately pay to Bank all sums owing thereon. This shall include, at Bank’s option, all principal outstanding, all accrued and unpaid interest, all attorneys’ and professional fees and costs, court costs and expenses, and all other sums, if any, that shall have become due and payable with respect to this Loan Agreement including the Final Payment Fee-B together with any Make Whole Premium-B.

Involuntary Prepayment. If there is an involuntary prepayment during the Lockout Period (as defined in the Note), then Borrower shall, in addition to any portion of the Loan prepaid (together with all interest accrued and unpaid thereon), pay to Lender a prepayment premium in an amount calculated in accordance with Section 5(c) of the Note.

Involuntary Prepayment. Concurrently with any payment of the Principal Balance received by Lenders resulting from the exercise by Agent and/or Lenders of any remedy available to Agent and/or Lenders subsequent to the occurrence of an Event of Default and the acceleration of Borrowers' Obligations, Borrowers shall pay to Lenders a Prepayment Premium in an amount

Involuntary Prepayment. Any payment of the principal balance of the Loan received by Lender resulting from the exercise by Lender of any remedy available to Lender subsequent to the occurrence of an Event of Default and the acceleration of the Obligations shall be deemed to be a prepayment subject to the provision of this Section 2.06, and the applicable Prepayment Premium (calculated in accordance with subsection 2.06(a)(ii)) and any other payment required under subsection 2.06(a)(ii) shall be payable on demand with respect to such payment.

Involuntary Prepayment. Such prepayment fee shall also be payable if prepayment occurs as the result of any involuntary prepayment (e.g., proceeds of insurance or condemnation or any prepayment required in order to satisfy the Conditions to Conversion) or the acceleration of the principal hereof by Bank because of any default by Borrower (including any transfer or conveyance of any right, title or interest in the real property encumbered by the Deed of Trust) that gives Bank the right to accelerate the maturity of the Borrower Loan pursuant to the terms of the Deed of Trust. If, following any such acceleration, all or any portion of the unpaid principal is satisfied, whether through sale of the property encumbered by the Deed of Trust or other agreement securing the Borrower Loan at a foreclosure held thereunder or through the tender of payment at any time following such acceleration, BORROWER HEREBY ACKNOWLEDGES AND AGREES THAT GOVERNMENTAL LENDER WOULD NOT LEND TO BORROWER THE BORROWER LOAN EVIDENCED BY THE BORROWER NOTE WITHOUT BORROWER'S AGREEMENT TO PAY BANK A PREPAYMENT FEE AS SET FORTH ABOVE. BORROWER EXPRESSLY WAIVES ANY RIGHT UNDER CALIFORNIA CIVIL CODE SECTION 2954.10 OR OTHERWISE TO PREPAY THE BORROWER LOAN WITHOUT A PREPAYMENT FEE AS HEREINABOVE SET FORTH. BORROWER ACKNOWLEDGES THAT PREPAYMENT OF THE BORROWER LOAN MAY RESULT IN GOVERNMENTAL LENDER AND BANK INCURRING ADDITIONAL COSTS, EXPENSES OR LIABILITIES. BORROWER THEREFORE AGREES THAT THE PREPAYMENT FEE HEREIN PROVIDED FOR REPRESENTS A REASONABLE ESTIMATE OF THE PREPAYMENT COSTS, EXPENSES OR LIABILITIES GOVERNMENTAL LENDER AND BANK MAY INCUR ON A PREPAYMENT. BORROWER AGREES THAT GOVERNMENTAL LENDER’S WILLINGNESS TO OFFER THE VARIABLE INTEREST RATE DESCRIBED ABOVE TO BORROWER IS SUFFICIENT AND INDEPENDENT CONSIDERATION, GIVEN INDIVIDUAL WEIGHT BY GOVERNMENTAL LENDER AND BANK FOR THIS WAIVER. BORROWER UNDERSTANDS THAT GOVERNMENTAL LENDER WOULD NOT OFFER SUCH AN INTEREST RATE TO BORROWER ABSENT THIS WAIVER. BORROWER HAS CAUSED THOSE PERSONS SIGNING THIS AGREEMENT ON ITS BEHALF TO SEPARATELY INITIAL THIS PARAGRAPH BY PLACING THEIR INITIALS BELOW:

Involuntary Prepayment. Except as hereinafter provided in this subparagraph (b), if Lender accepts payment which constitutes a prepayment following Lender’s acceleration of the indebtedness evidenced hereby, Borrower shall pay Lender a Yield Maintenance Charge in connection with such prepayment, plus an additional prepayment premium of three percent (3%) of the principal balance of this B Note. Notwithstanding the foregoing, partial prepayments of this B Note shall be permitted without the imposition of a Yield Maintenance Charge and such additional prepayment premium in connection with, and solely to the extent of, Lender’s or A Note Holder’s application of insurance or condemnation proceeds on account of the applicable Loan in accordance with the terms and provisions of the Mortgages; provided, however, if an Event of Default shall have occurred and be continuing at the time of the related casualty or condemnation, in addition to applying such proceeds on account of the applicable Loan as provided in the Mortgages, Borrower shall pay a Yield Maintenance Charge to Lender plus an additional prepayment premium of three percent (3%) of the casualty or condemnation proceeds so applied. In addition to the foregoing, Borrower shall be allowed to make partial prepayments (together with a Yield Maintenance Charge in connection with such prepayment) in accordance with the provisions of Section 2.12 of the Loan Agreement. Any principal prepayments made as permitted by the Loan Documents for which (i) no Yield Maintenance Charge is imposed shall be applied first to the final payment due under this B Note and thereafter to installments due under this B Note in the inverse order of their due date; and (ii) a Yield Maintenance Charge is received shall be applied to then outstanding principal and with respect to such clause (ii) the respective principal and interest portions comprising each Monthly Payment Amount thereafter shall be adjusted accordingly; provided, however, in no circumstance shall such prepayments reduce the Monthly Payment Amount payable hereunder. No notice of prepayment by Borrower shall be required in connection with an application of insurance or condemnation proceeds.

Involuntary Prepayment. If Term Loan C is accelerated pursuant to Section 9.1, following the occurrence of an Event of Default, Borrower shall immediately pay to Bank all sums owing thereon. This shall include, at Bank’s option, all principal outstanding, all accrued and unpaid interest, all attorneys’ and professional fees and costs, court costs and expenses, and all other sums, if any, that shall have become due and payable with respect to this Loan Agreement including the Final Payment Fee-C.

Involuntary Prepayment. If the Term Loan D Advance is accelerated pursuant to Section 9.1 following the occurrence of an Event of Default, Borrower shall immediately pay to Bank all sums owing thereon. This shall include, at Bank’s option, all principal outstanding, all accrued and unpaid interest, all attorneys’ and professional fees and costs, court costs and expenses, and all other sums, if any, that shall have become due and payable with respect to this Loan Agreement including the Final Payment Fee-D.

Involuntary Prepayment. Concurrently with any payment of the Principal Balance received by Lenders resulting from the exercise by Agent and/or Lenders of any remedy available to Agent and/or Lenders subsequent to the occurrence of an Event of Default and the acceleration of Borrower's Obligations, Borrower shall pay to Lenders a Prepayment Premium in an amount equal to the Prepayment Premium which would be payable if such payment was made pursuant to subsection 2.8.