Common use of Optional Prepayment of the Notes Clause in Contracts

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. Subject to the terms of this Section 3.83.6, 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 the 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 the 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 2004 5% 2005 4% 2006 3% 2007 2% 2008 1%; % provided, however, that in any case, (a) the Senior 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 B and second, so long as no Senior Term D B Notes remain outstanding, to the Senior Term Loan C.”

Optional Prepayment of the Notes. Subject to the terms of this Section 3.83.5, the Company Loan Parties 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 $100,000250,000, or such lesser amount as is then outstanding on any of such Notesoutstanding, at any time at a price equal to (i) the accrued interest on such Noteinterest, if any, to the date set for prepayment, plus, (ii) in the case of the Subordinated Notes, a prepayment fee representing the amortization of certain of Purchasers’ costs incurred in connection with the purchase of such Notes, the Subordinated Notes equal to the principal amount prepaid on such Note thereon multiplied by the following percentage: If Prepaid During the 12-Month Period Ending on September 30 of the Following Years: Percentage 2006 34 % 2007 23 % 2008 1%; 2 % 2009 and Thereafter 1 % provided, however, that in any case, no prepayment shall be applied to (a) the Subordinated Notes may not be prepaid so long as any the Senior Term Notes remain outstanding and (b) to 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, 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 B and third, so long as no Senior Term B Notes remain outstanding, to the Senior Term Loan C.”