Common use of Optional Prepayments; Indemnity Clause in Contracts

Optional Prepayments; Indemnity. (a) The Borrower may prepay, in whole but not in part (unless expressly permitted by a Loan Document or the Lender consents in writing to a partial prepayment), the Total Outstanding Advances at any time. Any amounts prepaid shall be applied to repay the outstanding principal amount of any Advances (together with interest thereon) until paid in full. Amounts repaid may be reborrowed in accordance with the terms of this Loan Agreement. If the Borrower intends to prepay the Total Outstanding Advances in whole, but not in part, from any source, the Borrower shall give five (5) Business Days' prior written notice thereof to the Lender, specifying the date and amount of prepayment. Any such prepayment of the Total Outstanding Advances (except in connection with the payment of the Total Outstanding Advances as a result of an Event of Default or a Facility Termination Event) shall be accompanied by any Prepayment Premium. All other Secured Obligations then due and owing shall be paid in connection with any prepayment of the Total Outstanding Advances. If such notice is given, the amount specified in such notice shall be due and payable on the date specified therein, together with accrued interest to such date on the amount prepaid. Notwithstanding the foregoing, any payment by the Borrower pursuant to Section 2.07 or Section 11.01 hereof shall not be considered a prepayment and therefore not subject to this Section 2.08(a).

Appears in 2 contracts

Samples: Secured Loan Agreement (Lease Equity Appreciation Fund I Lp), Secured Loan Agreement (Lease Equity Appreciation Fund II, L.P.)

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Optional Prepayments; Indemnity. (a) The Borrower may prepay, in whole but not in part (unless expressly permitted by a Loan Document or the Lender consents in writing to a partial prepayment), the Total Outstanding Advances at any time. Any amounts prepaid shall be applied to repay the outstanding principal amount of any Advances (together with interest thereon) until paid in full. Amounts repaid may be reborrowed in accordance with the terms of this Loan Agreement. If the Borrower intends to prepay the Total Outstanding Advances in whole, but not in part, from any source, the Borrower shall give five (5) Business Days' ’ prior written notice thereof to the Lender, specifying the date and amount of prepayment. Any such prepayment of the Total Outstanding Advances (except in connection with the payment of the Total Outstanding Advances as a result of an Event of Default or a Facility Termination Event) shall be accompanied by any Prepayment Premium. All other Secured Obligations then due and owing shall be paid in connection with any prepayment of the Total Outstanding Advances. If such notice is given, the amount specified in such notice shall be due and payable on the date specified therein, together with accrued interest to such date on the amount prepaid. Notwithstanding the foregoing, any payment by the Borrower pursuant to Section 2.07 or Section 11.01 hereof shall not be considered a prepayment and therefore not subject to this Section 2.08(a).

Appears in 1 contract

Samples: Secured Loan Agreement (LEAF Equipment Leasing Income Fund III, L.P.)

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Optional Prepayments; Indemnity. (a) The Borrower may prepay, in whole but not in part (unless expressly permitted by a Loan Document or the Lender consents and, so long as no Insurer Default shall have occurred and be continuing, the Insurer consent in writing to a partial prepayment), the Total Outstanding Advances at any time. Any amounts prepaid shall be applied to repay the outstanding principal amount of any Advances (together with interest thereon) until paid in full. Amounts repaid may be reborrowed in accordance with the terms of this Loan Agreement. If the Borrower intends to prepay the Total Outstanding Advances in whole, but not in part, from any source, the Borrower shall give five (5) Business Days' prior written notice thereof to the LenderLender and the Insurer, specifying the date and amount of prepayment. Any such prepayment of the Total Outstanding Advances (except in connection with the payment of the Total Outstanding Advances as a result of an Event of Default or a Facility Termination Event) shall be accompanied by any Prepayment Premium. All Premium together with all other Secured Obligations then due and owing shall be paid in connection with any prepayment of the Total Outstanding Advancesowing. If such notice is given, the amount specified in such notice shall be due and payable on the date specified therein, together with accrued interest to such date on the amount prepaid. Notwithstanding the foregoing, any payment by the Borrower pursuant to Section 2.07 or Section 11.01 hereof shall not be considered a prepayment and therefore not subject to this Section 2.08(a).

Appears in 1 contract

Samples: Warehouse and Security Agreement (TFC Enterprises Inc)

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