Optional Prepayment of the Notes. Subject to the terms of this Section 3.8, the Company may prepay to Agent, for the ratable benefit of Purchasers, the outstanding principal amount of the Senior Term Notes, the Senior Subordinated Notes and the Junior Subordinated Notes in whole or in part in multiples of $100,000, or such lesser amount as is then outstanding on any of such Notes, at any time at a price equal to (i) the accrued interest on such Note, if any, to the date set for prepayment, plus, (ii) a prepayment fee representing the amortization of certain of Purchasers’ costs incurred in connection with the purchase of such Notes, equal to the principal amount prepaid on such Note multiplied by the following percentage: If Prepaid During the 12-Month Period Ending on September 30 of the Following Years: Percentage 2006 3% 2007 2% 2008 1%; provided, however, that in any case, (a) the Subordinated Notes may not be prepaid so long as any Senior Term Notes remain outstanding and (b) the Junior Subordinated Notes may not be prepaid so long as any Senior Subordinated Notes remain outstanding. All such prepayments (A) shall be applied by Agent to the outstanding principal of the Notes in order of priority set forth above and in the inverse order of maturity after application of such prepayment to any accrued interest and prepayment premium payable in connection therewith, and (B) in connection with the Senior Term Loans, shall be applied first to the Senior Term Loan D and second, so long as no Senior Term D Notes remain outstanding, to the Senior Term Loan C.”
Optional Prepayment of the Notes. (a) Upon notice given as provided in Paragraph 4.3, the Company, on behalf of the Obligors, at their option, may at any time prepay the Notes as a whole or from time to time in part (in multiples of $100,000), in each case at the principal amount so to be prepaid, together with interest accrued thereon to the date fixed for such prepayment, plus (subject to Paragraph 4.2(b) below) an amount equal to the Make-Whole Amount for each such Note. Each prepayment pursuant to this Paragraph 4.2 shall be allocated as provided in Paragraph 4.4.
Optional Prepayment of the Notes. The Notes shall be subject to prepayment at the option of the Company only as set forth in this Section 4.1. Upon notice given as provided below, the Company, at its option, may prepay the Notes in whole or in part at any time at par plus accrued interest thereon to the date of such prepayment, without premium. The Company shall give written notice of prepayment of the Notes pursuant to this Section 4.1 to each holder of any outstanding Notes not less than ten (10) Business Days prior to the date fixed for such prepayment in such notice, which notice shall specify the amount so to be prepaid and the date fixed for such prepayment. Upon the giving of notice of any prepayment as provided in this Section, the Company shall prepay on the date therein fixed for prepayment the principal amount of the Notes so to be prepaid as specified in such notice, together with interest accrued thereon to such date fixed for prepayment.
Optional Prepayment of the Notes. (a) Subject to the provisions of Article VI hereof, the Company may, at any time after the fifth anniversary of the date hereof, prepay the Notes at any time in whole or from time to time in part (any such partial prepayment to be made pro rata among the Holders, and in a minimum aggregate amount of $l,000,000), at the redemption prices (expressed as percentages of the principal amount of the Notes being prepaid) set forth below, plus interest accrued thereon (if any) to the Prepayment Date: if redeemed during the 12-month period commencing January 24th of the years set forth below: Year Redemption Price ---- ---------------- 2003 105.00% 2004 104.00% 2005 103.00% 2006 102.00% 2007 101.00% 2008 (until maturity) 100.00%
Optional Prepayment of the Notes. Upon notice given as provided in Section 3.3, the Company, at its option, may prepay at any time all or from time to time any part (in an aggregate amount of $100,000 or any greater amount which is an even multiple of $100,000, or any lesser amount that shall constitute the remaining principal balance of the Notes) of the principal amount of the Notes, together with accrued but unpaid interest on the principal amount being prepaid to the date of such prepayment and, with respect to any prepayment made pursuant to this Section 3.2 on or prior to the first anniversary of the Closing Date, a prepayment charge equal to 5.0% of the principal amount being prepaid. Each prepayment made pursuant to this Section 3.2 shall be allocated and applied as provided in Section 3.4; provided that no such prepayment charge shall be payable in the event that such prepayment is made out of the Net Cash Proceeds of a substantially concurrent Sale of the Company or Qualified Equity Financing.
Optional Prepayment of the Notes. The Borrower shall have the privilege of prepaying the indebtedness at any time in whole or in part, without notice, premium or penalty. All prepayments pursuant to this Section 5.4 shall be applied against the installments of principal payable under Section 5.3 in the inverse order of their maturities. Any permitted partial prepayment, however, will not alter or reduce the amount of the payment due on each Payment Date until the principal and interest on the Notes is paid in full.
Optional Prepayment of the Notes and Partial Prepayment of the Term Loan. The Company will, within 45 calendar days after the date of issuance on or prior to December 31, 2010 by the Company of Qualifying Convertible Notes, (i) prepay all of the outstanding Notes pursuant to Section 8.2 and (ii) prepay outstanding borrowings under the Term Loan under the Bank Credit Agreement in an amount equal to the lesser of $200.0 million and such amount equal to the difference between the gross proceeds from such offering and the amount applied to prepay all of the outstanding Notes pursuant to Section 8.2.”
Optional Prepayment of the Notes. The Company may, upon one (1) Business Day’s written notice to the Lenders, at any time and from time to time, without premium or penalty, prepay in whole the aggregate unpaid principal amount of the Notes, together with all accrued and unpaid Interest thereon, in cash, to (but excluding) the date of prepayment, or prepay in part in amounts aggregating one million dollars ($1,000,000) or more the aggregate unpaid principal amount of the Notes, together with accrued and unpaid Interest thereon, in cash, to (but excluding) the date of prepayment.
Optional Prepayment of the Notes. Following Fifth ------------------------------------------------ Anniversary of Closing. Subject to the provisions of Article VIII hereof, the ---------------------- Company may, at any time after the fifth anniversary of the date hereof, prepay the Notes at any time in whole or from time to time in part (any such partial prepayment to be made pro rata amongst the Holders, and in a minimum aggregate -------- amount of $1,000,000), at the redemption prices (expressed as percentages of the principal amount of the Notes being prepaid) set forth below, plus interest accrued thereon (if any) to the Prepayment Date: if the relevant Holder is a Purchaser or is a subsequent Holder who has purchased one or more entire Mezzanine Security Units (such subsequent Holder, a "Mezzanine Security Transferee") and the Mezzanine Return applicable to such Purchaser or Mezzanine Security Transferee as of the Prepayment Date is less than 22%, if redeemed during the 12-month period commencing February 14 of the years set forth below: Year Redemption Price ---- ---------------- 2002 110% 2003 105% 2004 100% if (i) the relevant Holder is not a Purchaser or a Mezzanine Security Transferee or (ii) the relevant Holder is a Purchaser or a Mezzanine Security Transferee and the Mezzanine Return applicable to such Purchaser or Mezzanine Security Transferee as of the Prepayment Date is greater than or equal to 22%, if redeemed during the 12-month period commencing February 14 of the years set forth below: Year Redemption Price ---- ---------------- 2002 105% 2003 102.5% 2004 100%
Optional Prepayment of the Notes. Following Public ------------------------------------------------- Offering. Subject to the provisions of Article VIII hereof, the Company may, at -------- any time following the date hereof and up until the fifth anniversary of the date hereof, prepay the Notes, either in whole or in part (any such partial prepayment to be made pro rata amongst the Holders, and in a minimum aggregate --- ---- amount of $1,000,000), with the Net Cash Proceeds of any Public Equity Offering at the IPO Redemption Value (as defined below). The term "IPO Redemption Value" shall mean (i) with respect to the first thirty percent (30%) of the principal amount of the Notes being redeemed, at a redemption price (expressed as a percentage of the principal amount of the Notes being prepaid) equal to 107%, plus accrued interest, if any, to the Prepayment Date and (ii) with respect to the remaining seventy percent (70%) of the principal amount of the Notes being redeemed, at a redemption price equal to the greater of (A) a redemption price (expressed as a percentage of the principal amount of the Notes being prepaid) equal to 107%, plus accrued interest, if any, to the Prepayment Date, and (B) the Make-Whole Price of such Notes, together with accrued interest, if any, to the Prepayment Date.
