Optional Prepayment With Premium of Notes Sample Clauses

Optional Prepayment With Premium of Notes. (a) At any time and from time to time after the second anniversary of the Closing Date, the Company may, at its option, upon notice as set forth in section 8.5, prepay all or any part (in an integral multiple of $500,000 and a minimum of $1,000,000 or such lesser principal amount thereof as shall then be outstanding) of the Notes, together with all accrued and unpaid interest thereon, upon the concurrent payment of a premium (a percentage of the principal amount so prepaid pursuant to this section 8.1) (the "Applicable Premium") applicable in accordance with the following table depending on the period in which the date fixed for such prepayment occurs: If the Prepayment Occurs Applicable Premium ------------------------ ------------------ From and after _________, 2004 to and 6% including __________, 2005 From and after _________, 2005 to and 3% including __________, 2006 From and after _________, 2006 to and 1% including __________, 2007 From and after _________, 2007 0%
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Optional Prepayment With Premium of Notes. At any time or from time to time, the Company may, at its option, upon notice as set forth in Section 9.4, prepay all or any part (in an integral multiple of $1,000,000 and a minimum of $1,000,000 or such lesser principal amount thereof as shall then be outstanding) of the Notes, upon the concurrent payment of a premium which is based on a percentage of the principal amount so prepaid pursuant to this Section 9.1 (the "Applicable Premium"):
Sample 1
Optional Prepayment With Premium of Notes. At any time or from time to time, the Company may, at its option, upon notice as set forth in Section 9.4, prepay all or any part of the Notes (in an integral multiple of $100,000 and a minimum of $500,000 or such lesser principal amount thereof as shall then be outstanding); provided that the Company concurrently pays an amount equal to a percentage of the principal amount to be prepaid pursuant to this Section 9.1 (the "APPLICABLE PREMIUM"), such percentage to be that set forth in the table below opposite the period in which the date fixed for such prepayment occurs: Applicable Period Premium ------ ---------- Closing Date through October 30, 2004 4% October 31, 2004 through October 30, 2005 3% October 31, 2005 through October 30, 2006 2% October 31 2006 through October 30, 2007 1% October 31, 2007 through October 30, 2008 0.5% October 31, 2008 and thereafter 0% In the event of the occurrence of a Qualifying Event (as hereinafter defined), the Applicable Premium shall be (a) reduced to 0.0% if the per annum internal rate of return to the holders of the Notes and the Warrants compounded annually on each October 30, from the applicable dates of issuance of the Notes and Warrants through the date of prepayment and redemption, respectively, thereof (the "INTERNAL RATE OF RETURN"), is equal to or greater than 19% and (b) reduced by 50% of the amount set forth above if the Internal Rate of Return is less than 19% but equal to or greater than 17% and (c) shall remain unchanged if the Internal Rate of Return is less than 17%. For purposes of this Section 9.1, the term "QUALIFYING EVENT" shall mean (i) a Change of Control (as defined in Section 9.2) pursuant to which all of the Notes and Warrants then outstanding are either prepaid or redeemed in accordance with their respective terms, or (ii) the Company or the Parent consummates an initial public offering of its equity which results in a market capitalization of such Person's equity of at least $100,000,000 and a market value of equity held by public shareholders of at least $30,000,000).
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Optional Prepayment With Premium of Notes. At any time and from time to time after the Closing Date, the Operating Company may, at its option, upon notice as set forth in section 9.6, prepay all or any part (in an integral multiple of $500,000 and a minimum of $1,000,000 or such lesser principal amount thereof as shall then be outstanding) of the Notes, together with all accrued and unpaid interest thereon, upon the concurrent payment of a premium (a percentage of the principal amount so prepaid) applicable in accordance with the following table depending on the period in which such prepayment occurs: If the Prepayment Occurs Premium From and after the Closing Date to and including March 12, 1998 10% From and after March 13, 1998 to and including March 12, 1999 8% From and after March 13, 1999 to and including March 12, 2000 6% From and after March 13, 2000 to and including March 12, 2001 4% From and after March 13, 2001 to and including March 12, 2002 2% From and after March 13, 2002 to and including March 12, 2003 1% From and after March 13, 2003 0% Any partial prepayment of Notes pursuant to this section 9.2 which is made prior to the date on which the prepayment required under section 9.1 is made shall be applied as provided in section 9.1.
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Optional Prepayment With Premium of Notes. At any time and from time ------------------------------------------ to time, the Companies may at their option, upon notice as set forth in section 9.6, prepay all or any part of the Notes (in an integral multiple of $500,000 and a minimum of $500,000 or such lesser principal amount thereof as shall then be outstanding); provided that the Companies concurrently pay a premium (the -------- "Applicable Premium") equal to (a) in the case of any prepayment made on or - before August 31, 2002, the Make Whole Amount and (b) in the case of any - prepayment made after August 31, 2002, a percentage of the principal amount to be prepaid, such percentage to be that set forth in the following table opposite the period in which the date fixed for such prepayment occurs: Period Percentage ------ ---------- September 1, 2002 through August 31, 2003 3.00% September 1, 2003 through August 31, 2004 2.00% September 1, 2004 through August 31, 2005 1.00% September 1, 2005 and thereafter 0.00%
Sample 1
Optional Prepayment With Premium of Notes. At any time and from time to time after April 17, 1999, the Obligor may, at its option, upon notice as set forth in section 9.5, prepay all or any part (in an integral multiple of $100,000 and a minimum of $500,000 or such lesser principal amount thereof as shall then be outstanding) of the Notes, upon the concurrent payment of either (i) an amount equal to the Make Whole Amount, in the event that the Warrant Exchange shall not have occurred before April 17, 1999, or (ii) a premium (a percentage of the principal amount so prepaid pursuant to this section 9.2) (the "Applicable Premium"), in the event that the Warrant Exchange shall have occurred before April 17, 1999, such percentage to be that set forth in the following table opposite the period in which the date fixed for such prepayment occurs: Applicable Period Premium ------ ------- April 18, 1999 through April 17, 2000 4.0% April 18, 2000 through April 17, 2001 3.0% April 18, 2001 through April 17, 2002 2.0% April 18, 2002 through April 17, 2003 1.0% April 18, 2003 and thereafter 0.0% Any partial prepayment of Notes pursuant to this section 9.2 shall be applied to the payment of installments of principal of the Notes in inverse order of maturity.
Sample 1

Related to Optional Prepayment With Premium of Notes

  • Optional Prepayments with Make-Whole Amount (a) The Company may, at its option, upon notice as provided below, prepay at any time all, or from time to time any part of, any Series of the Notes, in an amount not less than 10% of the aggregate principal amount of such Series of the Notes then outstanding (but if in the case of a partial prepayment, then against each tranche within such Series of Notes in proportion to the aggregate principal amount outstanding of each tranche of such Series), at 100% of the principal amount so prepaid, together with interest accrued thereon to the date of such prepayment, plus the Make-Whole Amount determined for the prepayment date with respect to such principal amount. The Company will give each holder of the Series of Notes to be prepaid written notice of each optional prepayment under this Section 8.2 not less than 10 days and not more than 60 days prior to the date fixed for such prepayment. Each such notice shall specify such date, the aggregate principal amount of the Series of the Notes to be prepaid on such date, the principal amount of each Note held by such holder to be prepaid (determined in accordance with Section 8.3), and the interest to be paid on the prepayment date with respect to such principal amount being prepaid, and shall be accompanied by a certificate of a Senior Financial Officer as to the estimated Make-Whole Amount due in connection with such prepayment (calculated as if the date of such notice were the date of the prepayment), setting forth the details of such computation. Two Business Days prior to such prepayment, the Company shall deliver to each holder of the Series of Notes to be prepaid a certificate of a Senior Financial Officer specifying the calculation of such Make-Whole Amount as of the specified prepayment date.

  • Optional Prepayment (a) The Borrower shall have the right at any time and from time to time to prepay any Borrowing, in whole or in part, upon at least three Business Days’ prior written or fax notice (or telephone notice promptly confirmed by written or fax notice) in the case of Eurodollar Loans, or written or fax notice (or telephone notice promptly confirmed by written or fax notice) at least one Business Day prior to the date of prepayment in the case of ABR Loans, to the Administrative Agent before 12:00 (noon), New York City time; provided, however, that each partial prepayment shall be in an amount that is an integral multiple of $100,000 and not less than $1,000,000.

  • Optional Prepayments with Make Whole Amount. The Company may, at its option, upon notice as provided below, prepay at any time all, or from time to time any part of, the Notes of any series, in an amount not less than $5,000,000 in the case of a partial prepayment of any series, at 100% of the principal amount so prepaid, together with interest accrued thereon to the date of such prepayment, plus the Make-Whole Amount determined for the prepayment date with respect to such principal amount. The Company will give each holder of Notes of any series being prepaid written notice of each optional prepayment under this Section 8.2 not less than 30 days and not more than 60 days prior to the date fixed for such prepayment. Each such notice shall specify such date, the aggregate principal amount of the Notes of such series to be prepaid on such date, the principal amount of each Note of such series held by such holder to be prepaid (determined in accordance with Section 8.3), and the interest to be paid on the prepayment date with respect to such principal amount being prepaid, and shall be accompanied by a certificate of a Senior Financial Officer as to the estimated Make-Whole Amount due in connection with such prepayment (calculated as if the date of such notice were the date of the prepayment), setting forth the details of such computation. Two Business Days prior to such prepayment, the Company shall deliver to each holder of Notes a certificate of a Senior Financial Officer specifying the calculation of such Make-Whole Amount as of the specified prepayment date.

  • Notice of Optional Prepayments The Company will give notice of any prepayment of the Notes pursuant to §2.2 to each Holder thereof not less than 30 days nor more than 60 days before the date fixed for such optional prepayment specifying (i) such date, (ii) the principal amount and the Holder’s Notes to be prepaid on such date, (iii) that a Premium may be payable, (iv) the date when such Premium will be calculated, (v) the estimated Premium and (vi) 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 and the Premium, if any, payable with respect thereto shall become due and payable on the prepayment date specified in said notice. Not later than two Business Days prior to the prepayment date specified in such notice, the Company shall provide each Holder of a Note written notice of the Premium, if any, payable in connection with such prepayment and, whether or not any Premium is payable, a reasonably detailed computation of the Make-Whole Amount (which calculation shall be reasonably satisfactory to each Holder of the Notes to be prepaid).

  • Optional Prepayments The Borrower shall have the right at any time and from time to time to prepay any Borrowing in whole or in part, subject to prior notice in accordance with Section 3.04(b).

  • Notice and Terms of Optional Prepayment The Borrower shall notify the Administrative Agent by telephone (confirmed by telecopy) of any prepayment hereunder (i) in the case of prepayment of a Eurodollar Borrowing, not later than 12:00 noon, Houston time, three Business Days before the date of prepayment, or (ii) in the case of prepayment of an ABR Borrowing, not later than 12:00 noon, Houston time, one Business Day before the date of prepayment. Each such notice shall be irrevocable and shall specify the prepayment date and the principal amount of each Borrowing or portion thereof to be prepaid. Promptly following receipt of any such notice relating to a Borrowing, the Administrative Agent shall advise the Lenders of the contents thereof. Each partial prepayment of any Borrowing shall be in an amount that would be permitted in the case of an advance of a Borrowing of the same Type as provided in Section 2.02. Each prepayment of a Borrowing shall be applied ratably to the Loans included in the prepaid Borrowing. Prepayments shall be accompanied by accrued interest to the extent required by Section 3.02.

  • Optional Prepayment of Loans (a) The Borrower shall have the right at any time and from time to time to prepay any Borrowing (including any Swingline Borrowing) in whole or in part, subject to prior notice in accordance with paragraph (b) of this Section.

  • Notice of Optional Prepayment The Company shall give the holder of each Note of a Series to be prepaid pursuant to paragraph 4C irrevocable written notice of such prepayment not less than 10 Business Days prior to the prepayment date, specifying such prepayment date, the aggregate principal amount of the Notes of such Series to be prepaid on such date, the principal amount of the Notes of such Series held by such holder to be prepaid on that date and that such prepayment is to be made pursuant to paragraph 4C. Notice of prepayment having been given as aforesaid, the principal amount of the Notes specified in such notice, together with interest thereon to the prepayment date and together with the Yield-Maintenance Amount, if any, herein provided, shall become due and payable on such prepayment date. The Company shall, on or before the day on which it gives written notice of any prepayment pursuant to paragraph 4C, give telephonic notice of the principal amount of the Notes to be prepaid and the prepayment date to each Significant Holder which shall have designated a recipient for such notices in the Purchaser Schedule attached hereto or the applicable Confirmation of Acceptance or by notice in writing to the Company.

  • Optional Prepayments of Loans The Borrower may prepay Loans, (i) upon at least two Business Days’ notice, in the case of Eurodollar Rate Revolving Loans, and (ii) upon notice not later than 12:00 noon (New York City Time) on the date of prepayment, in the case of Base Rate Revolving Loans, to the Administrative Agent stating the proposed date and aggregate principal amount of the prepayment, and, if such notice is given, the Borrower shall prepay the outstanding principal amount of the Loans comprising part of the same Borrowing in whole or ratably in part, without penalty, together with accrued interest to the date of such prepayment on the principal amount prepaid; provided, however, that (x) each partial prepayment shall be in an aggregate principal amount of $1,000,000 or an integral multiple of $100,000 in excess thereof and (y) in the event of any such prepayment of a Eurodollar Rate Loan, the Borrower shall be obligated to reimburse the Lenders in respect thereof pursuant to Section 8.04(c).

  • Optional Prepayment of Loans; Reimbursement of Lenders (a) The Borrowers shall have the right at any time and from time to time to prepay outstanding Revolving Loans in whole or in part, (x) with respect to LIBO Loans, upon at least two (2) Business Days’ prior written, telex or facsimile notice to the Administrative Agent prior to 11:00 a.m., Boston time, and (y) with respect to Prime Rate Loans, on any Business Day if written, telex or facsimile notice is received by the Administrative Agent prior to 1:00 p.m., Boston time, subject to the following limitations:

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