Common use of Mandatory Revolving Loan Repayments and Prepayments Clause in Contracts

Mandatory Revolving Loan Repayments and Prepayments. (A) The Revolving Loan Commitment shall terminate on the Termination Date. On such Termination Date, there shall become due, and Borrowers shall pay, the entire outstanding principal amount of each Revolving Loan, together with accrued and unpaid Obligations (other than contingent indemnification obligations for which no claims has been made) pertaining thereto incurred to, but excluding the Termination Date; provided, however, that such payment is made not later than 12:00 Noon (Eastern time) on the Termination Date. (B) If at any time the Revolving Loan Outstandings exceed the Revolving Loan Limit (any such event, an “Overadvance”), then, on the next succeeding Business Day, Borrowers shall repay the Revolving Loans, in an aggregate amount equal to such excess; provided, that, if such Overadvance is the sole and direct result of the establishment of a Reserve, then such Overadvance shall instead be payable by Borrowers within five (5) Business Days from the date on which such Overadvance first arises. (C) Principal payable on account of Revolving Loans shall be payable by Borrowers to Agent (I) immediately upon the receipt by any Borrower or Agent of any payments on or proceeds from any of the Accounts, to the extent of such payments or proceeds, as further described in Section 2.11 below, and (II) in full on the Termination Date.

Appears in 2 contracts

Samples: Credit and Security Agreement (Radius Health, Inc.), Credit and Security Agreement (Revolving Loan) (Radius Health, Inc.)

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Mandatory Revolving Loan Repayments and Prepayments. (A) The Revolving Loan Commitment shall terminate on the Termination Date. On such Termination Date, there shall become due, and Borrowers shall pay, the entire outstanding principal amount of each Revolving Loan, together with accrued and unpaid Obligations (other than contingent indemnification obligations for which no claims has been made) pertaining thereto incurred to, but excluding the Termination Date; provided, however, that such payment is made not later than 12:00 Noon (Eastern time) on the Termination Date. (B) If at any time the Revolving Loan Outstandings exceed the Revolving Loan Limit (any such event, an “Overadvance”), then, on the next succeeding Business Day, Borrowers shall repay the Revolving Loans, in an aggregate amount equal to such excess; provided, that, if such Overadvance is the sole and direct result of the establishment of a Reservereserve against the Borrowing Base by Agent in accordance with Section 2.1(b)(i) or otherwise in accordance with the definition of Borrowing Base, Eligible Domestic Accounts, Eligible Foreign Accounts, Eligible Equipment, Eligible Inventory or Eligible Surgical Instrumentation, and is not related to any other event, condition or other matter other than the establishment of such reserve, then such Overadvance shall instead be payable by Borrowers within five (5) Business Days from the date on which such Overadvance first arises. (C) Principal payable on account of Revolving Loans shall be payable by Borrowers to Agent (I) immediately upon the receipt by any Borrower or Agent of any payments on or proceeds from any of the AccountsThird Party Accounts or other Collateral that is part of the Borrowing Base, to the extent of such payments or proceeds, as further described in Section 2.11 below, and (II) in full on the Termination Date.

Appears in 2 contracts

Samples: Credit, Security and Guaranty Agreement (Wright Medical Group N.V.), Credit, Security and Guaranty Agreement (Wright Medical Group N.V.)

Mandatory Revolving Loan Repayments and Prepayments. (A) The Revolving Loan Commitment shall terminate on the Termination Date. On such Termination Date, there shall become due, and Borrowers shall pay, the entire outstanding principal amount of each Revolving Loan, together with accrued and unpaid Obligations (other than contingent indemnification obligations for which no claims has been made) pertaining thereto incurred to, but excluding the Termination Date; provided, however, that such payment is made not later than 12:00 Noon (Eastern time) on the Termination Date. (B) If at any time the Revolving Loan Outstandings exceed the Revolving Loan Limit (any such event, an “Overadvance”), then, on the next succeeding Business Day, Borrowers shall repay the Revolving Loans, in an aggregate amount equal to such excess; provided, that, if such Overadvance is the sole and direct result of the establishment of a Reservereserve that was not previously notified to Borrower, then such Overadvance shall instead be payable by Borrowers within five two (52) Business Days from the date on which such Overadvance first arises. (C) Principal payable on account of Revolving Loans shall be payable by Borrowers to Agent (I) at any time that the Revolving Loan Outstandings exceed the Revolving Loan Static Balance as provided in Section 2.11(d), immediately upon the receipt by any Borrower or Agent of any payments on or proceeds from any of the Accounts, to the extent of such payments or proceeds, as further described in Section 2.11 below, and (II) in full on the Termination Date.

Appears in 1 contract

Samples: Credit and Security Agreement (Treace Medical Concepts, Inc.)

Mandatory Revolving Loan Repayments and Prepayments. (A) The Revolving Loan Commitment shall terminate on the Termination Date. On such Termination Date, there shall become due, and Borrowers shall pay, the entire outstanding principal amount of each Revolving Loan, together with accrued and unpaid Obligations (other than contingent indemnification obligations for which no claims has been made) pertaining thereto incurred to, but excluding the Termination Date; provided, however, that such payment is made not later than 12:00 Noon (Eastern time) on the Termination Date. (B) If at any time the Revolving Loan Outstandings exceed the Revolving Loan Limit (any such event, an “Overadvance”), then, on the next succeeding Business Day, Borrowers shall repay the Revolving Loans, in an aggregate amount equal to the amount of such excessOveradvance; provided, that, provided that if such Overadvance is the sole and direct result of the establishment of a Reservenew reserve by Agent, then such the Overadvance shall instead be payable by Borrowers within five two (52) Business Days from the date on which Agent first notifies Borrower of such Overadvance first arisesnew reserve. (C) Principal payable on account of Revolving Loans shall be payable by Borrowers to Agent (I) immediately upon the receipt by any Borrower or Agent of any payments on or proceeds from any of the Accounts, to the extent of such payments or proceeds, as further described in Section 2.11 below, and (II) in full on the Termination Date.

Appears in 1 contract

Samples: Credit and Security Agreement (Sight Sciences, Inc.)

Mandatory Revolving Loan Repayments and Prepayments. (A) The Revolving Loan Commitment shall terminate on the Termination Date. On such Termination Date, there shall become due, and Borrowers shall pay, the entire outstanding principal amount of each Revolving Loan, together with accrued and unpaid Obligations (other than contingent indemnification obligations for which no claims has been made) pertaining thereto incurred to, but excluding the Termination Date; provided, however, that such payment is made not later than 12:00 Noon (Eastern time) on the Termination Date. (B) If at any time the Revolving Loan Outstandings exceed the Revolving Loan Limit (any such event, an “Overadvance”), then, on the next succeeding Business Day, Borrowers shall repay the Revolving Loans, in an aggregate amount equal to such excess; provided, that, if such Overadvance is the sole and direct result of the establishment of a Reservenew reserve against the Borrowing Base, then such Overadvance shall instead be payable by Borrowers within five two (52) Business Days from the date on which such Overadvance first arises. (C) Principal payable on account of Revolving Loans shall be payable by Borrowers to Agent (I) immediately upon the receipt by any Borrower or Agent of any payments on or proceeds from any of the Accounts, to the extent of such payments or proceeds, as further described in Section 2.11 below, and (II) in full on the Termination Date.. MidCap / Xtant / A&R Credit, Security and Guaranty Agreement (Revolving Loan)

Appears in 1 contract

Samples: Credit, Security and Guaranty Agreement (Revolving Loan) (Xtant Medical Holdings, Inc.)

Mandatory Revolving Loan Repayments and Prepayments. (A) The Revolving Loan Commitment shall terminate on the Termination Date. On such Termination Date, there shall become due, and Borrowers shall pay, the entire outstanding principal amount of each Revolving Loan, together with accrued and unpaid Obligations (other than contingent indemnification obligations for which no claims has been made) pertaining thereto incurred to, but excluding the Termination Date; provided, however, that such payment is made not later than 12:00 Noon (Eastern time) on the Termination Date. (B) If at any time the Revolving Loan Outstandings exceed the Revolving Loan Limit (any such event, an “Overadvance”), then, on the next succeeding Business Day, Borrowers shall repay the Revolving Loans, in an aggregate amount equal to such excess; provided, that, if such Overadvance is the sole and direct result of the establishment of a Reservereserve against the Borrowing Base by Agent in accordance with Section 2.1(b)(i) or otherwise in accordance with the definition of Borrowing Base, Eligible Accounts, Eligible Inventory, and is not related to any other event, condition or other matter other than the establishment of such reserve, then such Overadvance shall instead be payable by Borrowers within five (5) Business Days from the date on which such Overadvance first arises. (C) Principal payable on account of Revolving Loans shall be payable by Borrowers to Agent (I) immediately upon the receipt by any Borrower or Agent of any payments on or proceeds from any of the Accounts, to the extent of such payments or proceeds, as further described in Section 2.11 below, and (II) in full on the Termination Date.

Appears in 1 contract

Samples: Credit and Security Agreement (Revolving Loan) (Invuity, Inc.)

Mandatory Revolving Loan Repayments and Prepayments. (A) The Revolving Loan Commitment shall terminate on the Termination Date. On such Termination Date, there shall become due, and Borrowers shall pay, the entire outstanding principal amount of each Revolving Loan, together with accrued and unpaid Obligations (other than contingent indemnification obligations for which no claims has been made) pertaining thereto incurred interest thereon to, but excluding the Termination Date; providedexcluding, however, that such payment is made not later than 12:00 Noon (Eastern time) on the Termination Date. (B) If at any time the Revolving Loan Outstandings exceed the Revolving Loan Limit (any such event, an “Overadvance”)Limit, then, on the next succeeding Business Day, Borrowers shall repay the Revolving LoansLoans or cash collateralize Letter of Credit Liabilities in the manner specified in Section 2.4(e) or cancel outstanding Letters of Credit, or any combination of the foregoing, in an aggregate amount equal to such excess; provided. If at any time the Revolving Loan Principal Outstandings exceed the Borrowing Base, thatthen, if on the next succeeding Business Day, Borrowers shall repay the Revolving Loans in an aggregate amount equal to such Overadvance is the sole and direct result of the establishment of a Reserve, then such Overadvance shall instead be payable by Borrowers within five (5) Business Days from the date on which such Overadvance first arisesexcess. (C) Principal payable on account of Revolving Loans shall be payable by Borrowers to Agent (IA) immediately upon the receipt by any Borrower or Agent of any payments on or proceeds from any of the Accounts, to the extent of such payments or proceeds, as further described in Section 2.11 2.9 below, and (IIB) in full on the Termination Date.

Appears in 1 contract

Samples: Credit and Security Agreement (Monogram Biosciences, Inc.)

Mandatory Revolving Loan Repayments and Prepayments. (Ai) The Revolving Loan Commitment shall terminate on the Termination Date. On such Termination Date, there shall become due, and Borrowers shall pay, the entire outstanding principal amount of each Revolving Loan, together with accrued and unpaid Obligations (other than contingent indemnification obligations for which no claims has been made) pertaining thereto incurred to, but excluding the Termination Date; provided, however, that such payment is made not later than 12:00 Noon (Eastern time) on the Termination Date. (Bii) If at any time the Revolving Loan Outstandings exceed the Revolving Loan Limit (any such event, an “Overadvance”)Limit, then, on the next succeeding Business Day, Borrowers shall repay the Revolving LoansLoans or cash collateralize Letter of Credit Liabilities in the manner specified in Section 2.5(e) or cause the cancellation of outstanding Letters of Credit, or any combination of the foregoing, in an aggregate amount equal to such excess; provided, that, that if such Overadvance excess is the sole and direct result of the establishment of a Reservereserve against the Borrowing Base by Agent, then such Overadvance excess shall instead be payable by Borrowers Borrower within five (5) Business Days from the date on in which such Overadvance excess first arisesarose. (Ciii) Principal payable on account of Revolving Loans shall be payable by Borrowers to Agent (I) immediately upon the receipt by any Borrower or Agent of any payments on or proceeds from any of the Accounts, to the extent of such payments or proceeds, as further described in Section 2.11 below, and (II) in full on the Termination Date.

Appears in 1 contract

Samples: Credit and Security Agreement (Accuray Inc)

Mandatory Revolving Loan Repayments and Prepayments. (A) The Revolving Loan Commitment shall terminate on the Termination Date. On such Termination Date, there shall become due, and Borrowers shall pay, the entire outstanding principal amount of each Revolving Loan, together with accrued and unpaid Obligations (other than contingent indemnification obligations for which no claims has have been made) pertaining thereto incurred to, but excluding the Termination Date; provided, however, that such payment is made not later than 12:00 Noon p.m. (Eastern time) on the Termination Date. (B) . If at any time the Revolving Loan Outstandings exceed the Revolving Loan Limit (any such event, an “Overadvance”)Limit, then, on the next succeeding Business Day, Borrowers shall repay the Revolving Loans, Loans in an aggregate amount equal to such excess; provided, that, if such Overadvance excess is the sole and direct result of the establishment of a ReserveReserve that was not previously notified to Borrower, then such Overadvance excess shall instead be payable by Borrowers within five two (52) Business Days from the date on which such Overadvance excess first arises. (C) . Principal payable on account of Revolving Loans shall be payable by Borrowers to Agent (I) immediately upon the receipt by any Borrower or Agent of any payments on or proceeds from any of the Accounts, to the extent of such payments or proceeds, as further described set forth in Section 2.11 below, and (II) in full on the Termination Date.

Appears in 1 contract

Samples: Credit, Security and Guaranty Agreement (Alphatec Holdings, Inc.)

Mandatory Revolving Loan Repayments and Prepayments. (A) The Revolving Loan Commitment shall terminate on the Termination Date. On such Termination Date, there shall become due, and Borrowers shall pay, the entire outstanding principal amount of each Revolving Loan, together with accrued and unpaid Obligations (other than contingent indemnification obligations for which no claims has been made) pertaining thereto incurred to, but excluding the Termination Date; provided, however, that such payment is made not later than 12:00 Noon (Eastern time) on the Termination Date.. Midcap / Aterian / Credit Agreement DC - 036639/000052 - 10453208 (B) If at any time the Revolving Loan Outstandings Outstanding exceed the Revolving Loan Limit (any such event, an “Overadvance”)Limit, then, on the next succeeding Business Day, Borrowers shall repay or cause to be repaid the Revolving LoansLoans or cash collateralize Letter of Credit Liabilities in the manner specified in Section 2.5(e) or cause the cancellation of outstanding Letters of Credit, or any combination of the foregoing, in an aggregate amount equal to such excess; provided, that, if such Overadvance is the sole and direct result of the establishment of a Reserve, then such Overadvance shall instead be payable by Borrowers within five (5) Business Days from the date on which such Overadvance first arises. (C) Principal payable on account of Revolving Loans shall be payable by Borrowers to Agent (I) immediately upon the receipt by any Borrower or Agent of any payments on or proceeds from any of the Accounts, to the extent of such payments or proceeds, as further described in Section 2.11 below, and (II) in full on the Termination Date.

Appears in 1 contract

Samples: Credit and Security Agreement (Aterian, Inc.)

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Mandatory Revolving Loan Repayments and Prepayments. (A) The Revolving Loan Commitment shall terminate on the Termination Date. On such Termination Date, there shall become due, and Borrowers shall pay, the entire outstanding principal amount of each Revolving Loan, together with accrued and unpaid Obligations (other than contingent indemnification obligations for which no claims has been made) pertaining thereto incurred to, but excluding the Termination Date; provided, however, that such payment is made not later than 12:00 Noon (Eastern time) on the Termination Date. (B) If at any time the Revolving Loan Outstandings exceed the Revolving Loan Limit (any such event, an “Overadvance”)Limit, then, on the next succeeding Business Day, Borrowers shall repay the Revolving Loans, in an aggregate amount equal to such excess; provided, that, that if such Overadvance any Revolving Loan Limit is the sole and direct exceeded as a result of the establishment imposition or increase of a Reserveany reserve, then such Overadvance Borrower shall instead not be payable by Borrowers within five (5) Business Days required to make such prepayment until the third day following receipt of notice of such reserve from the date on which such Overadvance first arisesAgent. (C) Principal payable on account of Revolving Loans shall be payable by Borrowers to Agent (I) immediately upon the receipt by any Borrower or Agent of any payments on or proceeds from any of the Accounts, to the extent of such payments or proceeds, as further described in Section 2.11 below, and (II) in full on the Termination Date.

Appears in 1 contract

Samples: Credit, Security and Guaranty Agreement (Aspen Aerogels Inc)

Mandatory Revolving Loan Repayments and Prepayments. (A) The Revolving Loan Commitment shall terminate on the Termination Date. On such Termination Date, there shall become due, and Borrowers shall pay, the entire outstanding principal amount of each Revolving Loan, together with accrued and unpaid Obligations (other than contingent indemnification obligations for which no claims has been made) pertaining thereto incurred to, but excluding the Termination Date; provided, however, that such payment is made not later than 12:00 Noon (Eastern time) on the Termination Date. (B) If at any time the Revolving Loan Outstandings exceed the Revolving Loan Limit (any such event, an “Overadvance”)Limit, then, on the next succeeding Business Day, Borrowers shall repay the Revolving LoansLoans or cash collateralize Letter of Credit Liabilities in the manner specified in Section 2.5(e) or cause the cancellation of outstanding Letters of Credit, or any combination of the foregoing, in an aggregate amount equal to such excess; provided, that, that if such Overadvance excess is the sole and direct result of the establishment of a Reservereserve against the Borrowing Base by Agent, then such Overadvance excess shall instead be payable by Borrowers Borrower within five (5) Business Days from the date on in which such Overadvance excess first arisesarose. (C) Principal payable on account of Revolving Loans shall be payable by Borrowers to Agent (I) immediately upon the receipt by any Borrower or Agent of any payments on or proceeds from any of the Accounts, to the extent of such payments or proceeds, as further described in Section 2.11 below, and (II) in full on the Termination Date.

Appears in 1 contract

Samples: Credit and Security Agreement (Accuray Inc)

Mandatory Revolving Loan Repayments and Prepayments. (A) The Revolving Loan Commitment shall terminate on the Termination Date. On such Termination Date, there shall become due, and Borrowers shall pay, the entire outstanding principal amount of each Revolving Loan, together with accrued and unpaid Obligations (other than contingent indemnification obligations for which no claims has been made) pertaining thereto incurred to, but excluding the Termination Date; provided, however, that such payment is made not later than 12:00 Noon (Eastern time) on the Termination Date. (B) (B) If at any time the Revolving Loan Outstandings exceed the Revolving Loan Limit (any such event, an “Overadvance”), then, on the next succeeding Business Day, Borrowers shall repay the Revolving Loans, in an aggregate amount equal to such excess; provided, that, if such Overadvance is the sole and direct result of the establishment of a new Reserve, then such Overadvance shall instead be payable by Borrowers within five two (52) Business Days from the date on which such Overadvance first arises. (C) Principal payable on account of Revolving Loans shall be payable by Borrowers to Agent (I) immediately upon the receipt by any Borrower or Agent of any payments on or proceeds from any of the Accounts, to the extent of such payments or proceeds, as further described in Section 2.11 below, and (II) in full on the Termination Date.

Appears in 1 contract

Samples: Credit and Security Agreement (Revolving Loan) (Paragon 28, Inc.)

Mandatory Revolving Loan Repayments and Prepayments. (A) The Revolving Loan Commitment shall terminate on the Termination Date. On such Termination Date, there shall become due, and Borrowers shall pay, the entire outstanding principal amount of each Revolving Loan, together with accrued and unpaid Obligations (other than contingent indemnification obligations for which no claims has have been made) pertaining thereto incurred to, but excluding the Termination Date; provided, however, that such payment is made not later than 12:00 Noon p.m. (Eastern time) on the Termination Date. (B) If at any time the Revolving Loan Outstandings exceed the Revolving Loan Limit (any such event, an “Overadvance”)Limit, then, on the next succeeding Business Day, Borrowers shall repay the Revolving Loans, Loans in an aggregate amount equal to such excess; provided, that, if such Overadvance excess is the sole and direct result of the establishment of a ReserveReserve that was not previously notified to Borrower, then such Overadvance excess shall instead be payable by Borrowers within five two (52) Business Days from the date on which such Overadvance excess first arises. (C) Principal payable on account of Revolving Loans shall be payable by Borrowers to Agent (I) immediately upon the receipt by any Borrower or Agent of any payments on or proceeds from any of the Accounts, to the extent of such payments or proceeds, as further described set forth in Section 2.11 below, and (II) in full on the Termination Date.

Appears in 1 contract

Samples: Credit, Security and Guaranty Agreement (Alphatec Holdings, Inc.)

Mandatory Revolving Loan Repayments and Prepayments. (Ai) The Revolving Loan Commitment shall terminate upon the earlier to occur of (i) the Commitment Expiry Date and (ii) the date on which Required Lenders elect to terminate the Revolving Loan Commitment pursuant to Section 9.2 (such earlier date being the “Termination Date”), and there shall become due and Borrowers shall pay on the Termination Date. On such Termination Date, there shall become due, and Borrowers shall pay, the entire outstanding principal amount of each Revolving Loan, together with accrued and unpaid Obligations (other than contingent indemnification obligations for which no claims has been made) pertaining thereto incurred to, interest thereon to but excluding the Termination Date; provided, however, that such payment is made not later than 12:00 Noon (Eastern time) on the Termination Date. (Bii) If at any time the Revolving Loan Outstandings Loans Outstanding exceed the Revolving Loan Limit (any such event, an “Overadvance”)Limit, then, on the next succeeding Business Day, Borrowers shall repay the Revolving LoansLoans or cash collateralize Letter of Credit Liabilities in the manner specified in Section 2.5(e) or cancel outstanding Letters of Credit, or any combination of the foregoing, in an aggregate amount equal to such excess; provided, that, if such Overadvance is the sole and direct result of the establishment of a Reserve, then such Overadvance shall instead be payable by Borrowers within five (5) Business Days from the date on which such Overadvance first arises. (Ciii) Principal payable on account of Borrowers shall repay the Revolving Loans in accordance with the terms and provisions of the Ableco Loan Agreement as in effect on the date hereof. In addition, Agent shall have the right to establish Reserves against the Borrowing Base in accordance with Section 2.05(d) of the Ableco Loan Agreement as in effect on the date hereof and in accordance with the terms of the Ableco Intercreditor Agreement. Furthermore, the Revolving Loan Commitment shall be payable by Borrowers permanently reduced from time to Agent (I) immediately upon time in accordance with the receipt by any Borrower or Agent of any payments on or proceeds from any terms and provisions of the Accounts, to the extent of such payments or proceeds, as further described in Section 2.11 below, and (II) in full on the Termination DateAbleco Intercreditor Agreement.

Appears in 1 contract

Samples: Credit Agreement (Ahl Services Inc)

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