Common use of Notice of Optional Prepayment Clause in Contracts

Notice of Optional Prepayment. The Company shall give the holder of each Subordinated Note irrevocable written notice of any prepayment pursuant to Paragraph 4B hereof not less than fifteen (15) and not more than 60 days prior to the prepayment date, specifying (1) such prepayment date, (2) the aggregate principal amount of the Subordinated Notes, and of the Subordinated Notes held by such holder, to be prepaid on such date and (3) whether such prepayment is to be made pursuant to Paragraph 4B(1), (2) or (3) hereof. Notice of prepayment having been given as aforesaid, the principal amount of the Subordinated Notes specified in such notice, together with interest thereon to the prepayment date and together with the Make-Whole Amount, or, as applicable, the ECF Prepayment Premium, with respect thereto, shall become due and payable on such prepayment date. In the event prepayment is to be made pursuant to Paragraph 4B(2) hereof, such notice shall also include a description in reasonable detail of the Liquidity Event giving rise to the right to make such prepayment. In the event prepayment is to be made pursuant to Paragraph 4B(3) hereof, 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 the aggregate principal amount of all prepayments theretofore made under Paragraph 4B(3), and (c) a certification that after giving effect to the proposed prepayments, all prepayments under Paragraph 4B(3) will not exceed $15,000,000.

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

Notice of Optional Prepayment. The In the event Company shall desire to prepay Notes pursuant to the terms of Paragraph 4B, Company shall give the holder of each Subordinated Note irrevocable written notice of any such prepayment pursuant to Paragraph 4B hereof by a reputable nationally recognized overnight courier service, prepaid and preaddressed, sent not less than fifteen (15) 5 days and not more than 60 days prior to the prepayment date, specifying to each Holder. Each notice shall state: (1) that such notice is being given by Company in accordance with Paragraph 4C of this Agreement and that such prepayment dateis being effected pursuant to Paragraph 4B, (2) the date fixed for prepayment, which shall be a Business Day, (3) the aggregate principal amount of the Subordinated Notes, and of the Subordinated Notes held by such holder, to be prepaid on such date and (3) whether such prepayment is to be made pursuant to Paragraph 4B(1), (2) or (3) hereof. Notice of prepayment having been given as aforesaid, the principal amount of Notes held by each Holder to be prepaid and the Subordinated accrued and unpaid interest that will be paid in connection with such prepayment, (4) the Prepayment Premium payable with respect to each Note and (5) that Company’s obligation to prepay the Notes is irrevocable. Upon giving any such notice of prepayment, Company shall become irrevocably obligated to prepay the aggregate principal amount of the Notes specified in such notice. Notwithstanding the foregoing clauses of this Paragraph 4C, together with interest thereon a notice of prepayment delivered by the Company to each Holder may state that such notice is conditional upon the effectiveness of other credit facilities or transactions, in which case such notice may be revoked by the Company (by notice to each Holder on or prior to the prepayment date and together with the Make-Whole Amount, or, as applicable, the ECF Prepayment Premium, with respect thereto, shall become due and payable on specified effective date) if such prepayment date. In the event prepayment condition is to be made pursuant to Paragraph 4B(2) hereof, such notice shall also include a description in reasonable detail of the Liquidity Event giving rise to the right to make such prepayment. In the event prepayment is to be made pursuant to Paragraph 4B(3) hereof, such notice shall also include (a) a certification that the precondition to such prepayment set forth in Paragraph 4B(3) has been not satisfied, (b) a statement of the aggregate principal amount of all prepayments theretofore made under Paragraph 4B(3), and (c) a certification that after giving effect to the proposed prepayments, all prepayments under Paragraph 4B(3) will not exceed $15,000,000.

Notice of Optional Prepayment. The Company shall will give the holder of each Subordinated Note irrevocable written notice of any optional prepayment pursuant of the Notes to Paragraph 4B hereof each holder of Notes not less than fifteen thirty (1530) and not days or more than 60 sixty (60) days prior to before the prepayment datedate fixed for prepayment, specifying specifying: (1i) such prepayment date; (ii) the Section hereof under which the prepayment is to be made; (iii) the principal amount of each Note to be prepaid on such date; (iv) the interest to be paid on each such Note, accrued to the date fixed for payment; (v) the amounts and dates of the remaining Required Principal Payments, after giving effect to such prepayment; and (vi) the calculation (with details) of an estimated Make-Whole Amount, if any, (2calculated as if the date of such notice was the date of prepayment) due in connection with such prepayment. Notice of prepayment having been so given, the aggregate principal amount of the Subordinated Notes, and of the Subordinated Notes held by such holder, to be prepaid on such date and (3) whether such prepayment is to be made pursuant to Paragraph 4B(1), (2) or (3) hereof. Notice of prepayment having been given as aforesaid, the principal amount of the Subordinated Notes specified in such notice, together with interest thereon to the prepayment date and together with the Make-Whole Amount, or, Amount as applicable, of the ECF Prepayment Premium, specified prepayment date with respect thereto, if any, and accrued interest thereon shall become due and payable on such the specified prepayment date. In Two (2) Business Days prior to the event prepayment is making of such prepayment, the Company shall deliver to be made pursuant to Paragraph 4B(2) hereof, such notice shall also include each holder of Notes by facsimile transmission a description in reasonable detail certificate of a Senior Financial Officer specifying the details of the Liquidity Event giving rise to the right to make calculation of such prepayment. In the event prepayment is to be made pursuant to Paragraph 4B(3) hereof, 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 Make-Whole Amount as of the aggregate principal amount of all prepayments theretofore made under Paragraph 4B(3), and (c) a certification that after giving effect to the proposed prepayments, all prepayments under Paragraph 4B(3) will not exceed $15,000,000specified prepayment date.

Notice of Optional Prepayment. The To exercise an option granted in this Article VIII, the Company shall give the holder of each Subordinated Note irrevocable written notice of any prepayment pursuant to Paragraph 4B hereof not less than at least fifteen (15) and not more than 60 calendar days prior to the prepayment date, specifying (1) such prepayment date, (2) last day by which the aggregate principal amount Trustee is permitted to give notice of redemption pursuant to Section 4.3 of the Subordinated NotesIndenture, to the Authority, the Credit Provider, if any, and of the Subordinated Notes held by such holder, Trustee specifying the amount to be prepaid on such and the date and (3) whether such upon which any prepayment is to will be made pursuant to Paragraph 4B(1), (2) or (3) hereofmade. Notice of prepayment having been given as aforesaid, the principal amount of the Subordinated Notes specified in such notice, together with interest thereon to the prepayment date and together with the Make-Whole Amount, or, as applicable, the ECF Prepayment Premium, with respect thereto, shall become due and payable on such prepayment date. In the event prepayment is to be made pursuant to Paragraph 4B(2) hereof, No such notice shall also include be required in the case of a description prepayment in reasonable detail connection with a mandatory redemption under this Agreement. The Authority and the Trustee, at the written request of the Liquidity Event giving rise Company or any such Holder, shall forthwith take all steps necessary under the applicable provisions of the Indenture (except that the Authority shall not be required to make payment of any money required for such redemption) to effect optional redemption of all or part of the Bonds then Outstanding, as the case may be, on the earliest practicable date thereafter on which such redemption may be made under applicable provisions of the Indenture. The Authority hereby appoints the Company to give all notices and make all requests to the right Trustee with respect to make such prepayment. In the event prepayment is to be made pursuant to Paragraph 4B(3) hereofapplication of funds paid by the Company as prepayments, 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 including notices of optional redemption of the aggregate principal amount Bonds in conformity with Article IV of all prepayments theretofore made under Paragraph 4B(3), and (c) a certification that after giving effect to the proposed prepayments, all prepayments under Paragraph 4B(3) will not exceed $15,000,000Indenture.