Common use of Mandatory Prepayments—Borrowing Base Deficiency Clause in Contracts

Mandatory Prepayments—Borrowing Base Deficiency. If at any time a Borrowing Base Deficiency exists, the Borrower shall immediately pay on the principal of the Swing Line Loans and the Line of Credit Loans an aggregate amount equal to such Borrowing Base Deficiency. Any such payments shall be applied to the Swing Line Loans first, then to the Line of Credit Loans first against Base Rate Advances and then to LIBOR Rate Advances in order starting with the LIBOR Rate Advances having the shortest time to the end of the applicable Interest Period. Amounts paid on the Line of Credit Loans under this Section 4.4(a) shall be for the account of each Lender in proportion to its share of outstanding Swing Line Loans and Line of Credit Loans. If, after paying all outstanding Line of Credit Loans, a Borrowing Base Deficiency still exists, the Borrower shall pay into the Holding Account an amount equal to the amount of the remaining Borrowing Base Deficiency.

Appears in 3 contracts

Samples: Credit Agreement (Leucadia National Corp), Credit Agreement (National Beef Packing Co LLC), Credit Agreement (National Beef Packing Co LLC)

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Mandatory Prepayments—Borrowing Base Deficiency. If at any time a Borrowing Base Deficiency exists, the Borrower shall immediately pay on the principal of the Swing Line Loans and the Line of Credit Loans an aggregate amount equal to such Borrowing Base Deficiency. Any such payments shall be applied to the Swing Line Loans first, then to the Line of Credit Loans first against Base Rate Advances and then to LIBOR Rate Advances in order starting with the LIBOR Rate Advances having the shortest time to the end of the applicable Interest Period. Amounts paid on the Line of Credit Loans under this Section 4.4(a) shall be for the account of each Lender in proportion to its share of outstanding Swing Line Loans and Line of Credit Loans. If, after paying all outstanding Line of Credit Loans, a Borrowing Base Deficiency still National Beef Packing Company Credit Agreement 35 exists, the Borrower shall pay into the Holding Account an amount equal to the amount of the remaining Borrowing Base Deficiency.

Appears in 1 contract

Samples: Credit Agreement (National Beef Packing Co LLC)

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Mandatory Prepayments—Borrowing Base Deficiency. If at any time a Borrowing Base Deficiency exists, the Borrower shall immediately pay on the principal of the Swing Line Loans and the Line of Credit Loans an aggregate amount equal to such Borrowing Base Deficiency. Any such payments shall be applied to the Swing Line Loans first, then to the Line of Credit Loans first against Base Rate Advances and then to LIBOR Rate Advances in order starting with the LIBOR Rate Advances having the shortest time to the end of the applicable Interest Period. Amounts paid on the Line of Credit Loans under this Section 4.4(a) shall be for the account of each Lender in proportion to its share of outstanding Swing Line Loans and Line of Credit Loans. If, after paying all outstanding Line of Credit Loans, a Borrowing Base Deficiency still exists, the Borrower shall pay into the Holding Account an amount equal to the amount of the remaining Borrowing Base Deficiency.

Appears in 1 contract

Samples: Credit Agreement (National Beef Packing Co LLC)

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