Common use of Notice of Optional Prepayment Clause in Contracts

Notice of Optional Prepayment. The Company will give notice of any prepayment of the Notes pursuant to SECTION 2.2 to each Holder thereof not less than 30 days nor more than 60 days (the "PREPAYMENT NOTICE PERIOD") before the date fixed for such optional prepayment (the "PREPAYMENT DATE") specifying (i) the Prepayment Date, (ii) the principal amount of the Notes to be prepaid on the Prepayment Date and (iii) the accrued interest, applicable to the prepayment. Notice of prepayment having been so given, the aggregate principal amount of the Notes specified in such notice, together with accrued interest thereon, adjusted for LIBOR breakage adjustments if so required pursuant to SECTION 2.2, shall become due and payable on the Prepayment Date specified in said notice. Notwithstanding the provisions of this SECTION 2.3, if a Remarketing Notice shall be delivered to the Company during the Prepayment Notice Period, no notice of prepayment shall be deemed to have been delivered by the Company and no prepayment (nor any accrued interest) shall become due or payable by the Company on the Prepayment Date.

Notice of Optional Prepayment. The Company will shall give the holder of each Subordinated Note irrevocable written notice of any prepayment of the Notes pursuant to SECTION 2.2 to each Holder thereof Paragraph 4B hereof not less than 30 days nor fifteen (15) and not more than 60 days (prior to the "PREPAYMENT NOTICE PERIOD") before the date fixed for such optional prepayment (the "PREPAYMENT DATE") date, specifying (i1) such prepayment date, (2) the Prepayment Date, (ii) the aggregate principal amount of the Subordinated Notes, and of the Subordinated Notes held by such holder, to be prepaid on the Prepayment Date such date and (iii3) the accrued interestwhether such prepayment is to be made pursuant to Paragraph 4B(1), applicable to the prepayment(2) or (3) hereof. Notice of prepayment having been so givengiven as aforesaid, the aggregate principal amount of the Subordinated Notes specified in such notice, together with accrued interest thereonthereon to the prepayment date and together with the Make-Whole Amount, adjusted for LIBOR breakage adjustments if so required pursuant to SECTION 2.2or, as applicable, the ECF Prepayment Premium, with respect thereto, shall become due and payable on such prepayment date. In the Prepayment Date specified event prepayment is to be made pursuant to Paragraph 4B(2) hereof, such notice shall also include a description in said notice. Notwithstanding reasonable detail of the provisions of this SECTION 2.3, if a Remarketing Notice shall be delivered Liquidity Event giving rise to the Company during right to make such prepayment. In the Prepayment Notice Periodevent prepayment is to be made pursuant to Paragraph 4B(3) hereof, no such notice shall also include (a) a certification that the precondition to such prepayment set forth in Paragraph 4B(3) has been satisfied, (b) a statement of prepayment shall be deemed the aggregate principal amount of all prepayments theretofore made under Paragraph 4B(3), and (c) a certification that after giving effect to have been delivered by the Company and no prepayment (nor any accrued interestproposed prepayments, all prepayments under Paragraph 4B(3) shall become due or payable by the Company on the Prepayment Datewill not exceed $15,000,000.

Notice of Optional Prepayment. The Company will shall give the holder of each Note of a Series to be prepaid pursuant to paragraph 4B written notice of such any prepayment of the Notes pursuant to SECTION 2.2 to each Holder thereof paragraph 4B not less than 30 days nor more than 60 days 5 five Business Days prior to the prepayment date (which shall be a Business Day), specifying such prepayment date and the "PREPAYMENT NOTICE PERIOD") before the date fixed for such optional prepayment (the "PREPAYMENT DATE") specifying (i) the Prepayment Date, (ii) the aggregate principal amount of the Notes of such Series, and the Notes of such Series held by such holder, to be prepaid on the Prepayment Date such date, and (iii) the accrued interest, applicable stating that such prepayment is to be made pursuant to paragraph 4B. Such notice shall be irrevocable but may be subject to the prepaymentoccurrence of certain conditions only to the extent such notice is provided more than 5 five Business Days prior to the prepayment date; provided, however, that to the extent the Company has provided any such notice which does contain conditions to prepayment more than 5 five Business Days prior to the prepayment date, then the Company shall provide the holder of each Note of the Series to be prepaid subsequent irrevocable written notice (which shall not be subject to any conditions) not less than 5 five Business days Days prior to the prepayment date (which shall be a Business Day). Notice Notice(s) of prepayment having been so givengiven as aforesaid, the aggregate principal amount of the Notes specified in such noticenotice(s), together with accrued interest thereonthereon to the prepayment date and together with the Yield-Maintenance Amount, adjusted for LIBOR breakage adjustments if so required pursuant to SECTION 2.2any, with respect thereto, shall become due and payable on the Prepayment Date specified in said notice. Notwithstanding the provisions of this SECTION 2.3, if a Remarketing Notice shall be delivered to the Company during the Prepayment Notice Period, no notice of such prepayment shall be deemed to have been delivered by the Company and no prepayment (nor any accrued interest) shall become due or payable by the Company on the Prepayment Datedate.

Notice of Optional Prepayment. The Company will shall give to the holder of each Note of a Series to be prepaid pursuant to paragraph 4B irrevocable written notice of any such prepayment of the Notes pursuant to SECTION 2.2 paragraph 4B with respect to each Holder thereof such Series not less than 30 days nor more than 60 days ten (10) Business Days prior to the "PREPAYMENT NOTICE PERIOD") before the date fixed for such optional prepayment (the "PREPAYMENT DATE") date, specifying (i) the Prepayment Datesuch prepayment date, (ii) the aggregate principal amount of the Private Shelf Notes of such Series to be prepaid on such date, (iii) the principal amount of the Private Shelf Notes of such Series held by such holder to be prepaid on the Prepayment Date that date, and (iiiiv) the accrued interest, applicable stating that such optional prepayment is to the prepayment. be made pursuant to paragraph 4B. Notice of optional prepayment having been so givengiven as aforesaid, the aggregate principal amount of the Private Shelf Notes specified in such notice, together with accrued interest thereonthereon to the prepayment date and together with the Yield Maintenance Amount, adjusted for LIBOR breakage adjustments if so required pursuant to SECTION 2.2any, with respect thereto, shall become due and payable on such prepayment date. The Company shall, on or before the Prepayment Date specified day on which it gives written notice of any prepayment pursuant to paragraph 4B, give telephonic notice of the principal amount of the Private Shelf Notes to be prepaid and the prepayment date to each holder which shall have designated a recipient for such notices in said notice. Notwithstanding the provisions Purchaser Schedule attached hereto or the applicable Confirmation of this SECTION 2.3, if a Remarketing Notice shall be delivered Acceptance or by notice in writing to the Company during the Prepayment Notice Period, no notice of prepayment shall be deemed to have been delivered by the Company and no prepayment (nor any accrued interest) shall become due or payable by the Company on the Prepayment DateCompany.

Notice of Optional Prepayment. The In the event Company will give notice of any prepayment of the shall desire to prepay Notes pursuant to SECTION 2.2 to each Holder thereof the terms of Paragraph 4B, Company shall give written notice of such prepayment by a reputable nationally recognized overnight courier service, prepaid and preaddressed, sent not less than 30 5 days nor and not more than 60 days prior to the prepayment date, to each Holder. Each notice shall state: (the "PREPAYMENT NOTICE PERIOD"1) before that such notice is being given by Company in accordance with Paragraph 4C of this Agreement and that such prepayment is being effected pursuant to Paragraph 4B, (2) the date fixed for such optional prepayment prepayment, which shall be a Business Day, (the "PREPAYMENT DATE") specifying (i3) the Prepayment Date, (ii) aggregate principal amount of Notes to be prepaid and the principal amount of the Notes held by each Holder to be prepaid on and the accrued and unpaid interest that will be paid in connection with such prepayment, (4) the Prepayment Date Premium payable with respect to each Note and (iii5) that Company’s obligation to prepay the accrued interestNotes is irrevocable. Upon giving any such notice of prepayment, applicable Company shall become irrevocably obligated to the prepayment. Notice of prepayment having been so given, prepay the aggregate principal amount of the Notes specified in such notice, together with accrued interest thereon, adjusted for LIBOR breakage adjustments if so required pursuant to SECTION 2.2, shall become due and payable on the Prepayment Date specified in said notice. Notwithstanding the provisions foregoing clauses of this SECTION 2.3Paragraph 4C, if a Remarketing Notice shall be delivered to the Company during the Prepayment Notice Period, no notice of prepayment shall be deemed to have been delivered by the Company and no prepayment (nor any accrued interest) shall become due to each Holder may state that such notice is conditional upon the effectiveness of other credit facilities or payable transactions, in which case such notice may be revoked by the Company (by notice to each Holder on or prior to the Prepayment Datespecified effective date) if such condition is not satisfied.