Common use of Optional Prepayments of the Loans Clause in Contracts

Optional Prepayments of the Loans. The Borrower may at any time prepay the outstanding principal amount of any Loan or Swing Line Loan, in either case in whole or in part, in accordance with this Section 4.2. With respect to any prepayment other than prepayments made pursuant to the Agent’s routine collection of Accounts in accordance with the provisions of the Security Agreement, the Borrower shall give prior written notice of any such prepayment to the Agent, which notice shall state the proposed date of such prepayment (which shall be a Business Day), the Loan or Swing Line Loan to be prepaid and the aggregate amount of the prepayment, and which notice shall be delivered to the Agent not later than 11:00 a.m. (Denver time): (a) with respect to any Base Rate Advance, on the date of the proposed prepayment, and (b) with respect to any LIBOR Rate Advance, three (3) Business Days prior to the date of the proposed prepayment. All prepayments of Base Rate Advances shall be without premium or penalty of any kind. All such prepayments of LIBOR Rate Advances shall be made together with accrued and unpaid interest (if any) to the date of such prepayment on the principal amount prepaid without premium or penalty thereon; provided, however, that funding losses incurred by any Lender as described in Section 5.3 shall be payable with respect to each such prepayment. All notices of prepayment shall be irrevocable and the payment amount specified in each such notice shall be due and payable on the prepayment date described in such notice, together with, in the case of LIBOR Rate Advances, accrued and unpaid interest (if any) on the principal amount prepaid and any amounts due under Section 5.3. The Borrower shall have no optional right to prepay the principal amount of any LIBOR Rate Advance other than as provided in this Section 4.2. Voluntary prepayments of the Term Notes shall be applied pro rata to the remaining unpaid installments described in Section 4.3.

Optional Prepayments of the Loans. The Borrower may at any time prepay the outstanding principal amount of any Loan or Swing Line Loan, in either case in whole or in part, in accordance with this Section 4.2. With respect to any prepayment other than prepayments made pursuant to the Agent’s 's routine collection of Accounts in accordance with the provisions of the Security Agreement, the Borrower shall give prior written notice of any such prepayment to the Agent, which notice shall state the proposed date of such prepayment (which shall be a Business Day), the Loan or Swing Line Loan to be prepaid and the aggregate amount of the prepayment, and which notice shall be delivered to the Agent not later than 11:00 a.m. (Denver time): (a) with respect to any Base Rate Advance, on the date of the proposed prepayment, and (b) with respect to any LIBOR Rate Advance, three (3) Business Days prior to the date of the proposed prepayment. All prepayments of Base Rate Advances shall be without premium or penalty of any kind. All such prepayments of LIBOR Rate Advances shall be made together with accrued and unpaid interest (if any) to the date of such prepayment on the principal amount prepaid without premium or penalty thereon; provided, however, that funding losses incurred by any Lender as described in Section 5.3 shall be payable with respect to each such prepayment. All notices of prepayment shall be irrevocable and the payment amount specified in each such notice shall be due and payable on the prepayment date described in such notice, together with, in the case of LIBOR Rate Advances, accrued and unpaid interest (if any) on the principal amount prepaid and any amounts due under Section 5.3. The Borrower shall have no optional right to prepay the principal amount of any LIBOR Rate Advance other than as provided in this Section 4.2. Voluntary prepayments of the Term Notes shall be applied pro rata to the remaining unpaid installments described in Section 4.3.

Optional Prepayments of the Loans. The Borrower may shall have the right at any time and from time to time prior to the Maturity Date, upon the notice and at the Prepayment Price provided for below, to optionally prepay the outstanding principal amount of any Loan or Swing Line Loan, in either case Loans in whole or in part; provided, however, that such prepayments shall be allocated to all of the Loans outstanding at the time in accordance with proportion to the respective outstanding Principal amounts thereof. In the event of an optional prepayment made under this Section 4.2. With respect to any prepayment other than prepayments made pursuant to the Agent’s routine collection of Accounts in accordance with the provisions of the Security Agreement3.04, the Borrower shall give prior the Agent irrevocable written notice of any such prepayment not less than thirty (30) nor more than sixty (60) days prior to the Agentprepayment date, which notice shall state the proposed date of specifying (i) such prepayment date (which shall be a Business Day), (ii) the Loan or Swing Line Loan Principal amount of the Loans to be prepaid on such date, (iii) the accrued interest and premium applicable to the Loans to be prepaid and (iv) that such prepayment is to be made pursuant to this Section 3.04; provided that the aggregate Borrower may rescind any notice of prepayment if such notice of prepayment states that it is conditioned on the occurrence of a specified event and such event shall fail to occur. All optional prepayments under this Section 3.04 shall be applied first to all costs, expenses, indemnities and other amounts then due and payable hereunder, then to payment of default interest, if any, then to payment of premium, if any, then to payment of accrued interest and thereafter to payment of Principal. Notwithstanding anything to the contrary contained herein, all payments of Principal, interest and premium, if any, due from the Borrower hereunder shall be made to the Agent for the ratable benefit of the Lenders on an equal and ratable basis. The price of the Loans payable upon an optional prepayment pursuant to this Section 3.04 shall be an amount equal to the Prepayment Price of the outstanding Principal amount of the prepaymentLoans to be prepaid, and which notice shall be delivered to the Agent not later than 11:00 a.m. (Denver time): (a) with respect to any Base Rate Advance, on in each case plus accrued interest through the date of the proposed prepayment, and (b) with respect to any LIBOR Rate Advance, three (3) Business Days prior to the date of the proposed prepayment. All prepayments of Base Rate Advances shall Loans which have been prepaid may not be without premium or penalty of any kind. All such prepayments of LIBOR Rate Advances shall be made together with accrued and unpaid interest (if any) to the date of such prepayment on the principal amount prepaid without premium or penalty thereon; provided, however, that funding losses incurred by any Lender as described in Section 5.3 shall be payable with respect to each such prepayment. All notices of prepayment shall be irrevocable and the payment amount specified in each such notice shall be due and payable on the prepayment date described in such notice, together with, in the case of LIBOR Rate Advances, accrued and unpaid interest (if any) on the principal amount prepaid and any amounts due under Section 5.3. The Borrower shall have no optional right to prepay the principal amount of any LIBOR Rate Advance other than as provided in this Section 4.2. Voluntary prepayments of the Term Notes shall be applied pro rata to the remaining unpaid installments described in Section 4.3reborrowed.

Optional Prepayments of the Loans. The Borrower may Borrowers have the right at any time and from time to time to prepay the outstanding principal amount of any Loan or Swing Line Loan, in either case in whole or in part, in accordance (i) with this Section 4.2. With respect to any prepayment other than prepayments made pursuant to the Agent’s routine collection of Accounts in accordance with the provisions of the Security AgreementLIBOR Loans, the Borrower shall give upon at least three (3) Business Days’ prior written notice to Lender and (ii) with respect to Prime Rate Loans on the same Business Day if written notice is received by Lender prior to 11:00 A.M. Chicago time and thereafter upon at least one (1) Business Day’s prior written notice to Lender provided that no prepayment of any LIBOR Loans shall be permitted under this Section other than on the last day of an Interest Period applicable thereto unless such prepayment to is accompanied by the Agent, which payment of the amounts described in Section 4.2.4 and (c) no partial prepayment of a LIBOR Loan shall result in the aggregate principal amount of the LIBOR Loans remaining outstanding being less than $1,000,000 and an integral multiple of $500,000. Each notice of prepayment shall state specify the proposed date of such prepayment (which shall be a Business Day)date, the Loan or Swing Line Loan principal amount of the Loans to be prepaid and the aggregate remaining amortization payments for such Loan pursuant to which the prepayment is being made and shall commit Borrowers to repay such Loans by the amount of the prepayment, and which notice shall be delivered to the Agent not later than 11:00 a.m. (Denver time): (a) with respect to any Base Rate Advance, on the date stated therein. Any partial prepayment of the proposed prepayment, and (b) with respect to any LIBOR Rate Advance, three (3) Business Days prior to the date of the proposed prepayment. All prepayments of Base Rate Advances Loans by Borrowers under Section 2.6.6 shall be without premium or penalty of any kind. All such prepayments of LIBOR Rate Advances shall be made together with accrued and unpaid interest (if any) to applied as specified by Borrowers or, in the date absence of such prepayment on the principal amount prepaid without premium or penalty thereonspecification, as determined by Lender; provided, however, that funding losses incurred by any Lender as described in Section 5.3 the latter case no LIBOR Loans shall be payable with respect prepaid to each the extent that such prepayment. All notices Loan has an Interest Period ending after the required date of prepayment shall be irrevocable unless and the payment amount specified until all outstanding Prime Rate Loans and LIBOR Loans with Interest Periods ending on such date have been repaid in each such notice shall be due and payable on the prepayment date described in such notice, together with, in the case of LIBOR Rate Advances, accrued and unpaid interest (if any) on the principal amount prepaid and any amounts due under Section 5.3. The Borrower shall have no optional right to prepay the principal amount of any LIBOR Rate Advance other than as provided in this Section 4.2. Voluntary prepayments of the Term Notes shall be applied pro rata to the remaining unpaid installments described in Section 4.3full.

Optional Prepayments of the Loans. The Borrower may at any time prepay the outstanding principal amount of any Loan or Swing Line Loan, in either case in whole or in part, in accordance with this Section 4.2. With respect to any prepayment other than prepayments made pursuant to the Agent’s 's routine collection of Accounts in accordance with the provisions of the Security Agreement, the Borrower shall give prior written notice of any such prepayment to the Agent, which notice shall state the proposed date of such prepayment (which shall be a Business Day), the Loan or Swing Line Loan to be prepaid and the aggregate amount of the prepayment, and which notice shall be delivered to the Agent not later than 11:00 a.m. (Denver time): (a) with respect to any Base Rate Advance, on the date of the proposed prepayment, and (b) with 35 respect to any LIBOR Rate Advance, three (3) Business Days prior to the date of the proposed prepayment. All prepayments of Base Rate Advances shall be without premium or penalty of any kind. All such prepayments of LIBOR Rate Advances shall be made together with accrued and unpaid interest (if any) to the date of such prepayment on the principal amount prepaid without premium or penalty thereon; provided, however, that funding losses incurred by any Lender as described in Section 5.3 shall be payable with respect to each such prepayment. All notices of prepayment shall be irrevocable and the payment amount specified in each such notice shall be due and payable on the prepayment date described in such notice, together with, in the case of LIBOR Rate Advances, accrued and unpaid interest (if any) on the principal amount prepaid and any amounts due under Section 5.3. The Borrower shall have no optional right to prepay the principal amount of any LIBOR Rate Advance other than as provided in this Section 4.2. Voluntary prepayments of the Term Notes shall be applied pro rata to the remaining unpaid installments described in Section 4.3.