Optional Prepayments of the Notes. The Company may, at its option, upon not less than ten days' prior notice to the holders of the Notes, prepay all or any part of the Notes, in an aggregate principal amount of $1,000,000 or integral multiples of $100,000 in excess thereof (or, if less, the remaining aggregate principal amount of all Notes outstanding at such time), at a purchase price in cash equal to 100% of the aggregate principal amount of the Notes so prepaid, PLUS all accrued and unpaid interest thereon, if any, to the date of such prepayment. Each notice of an optional prepayment of the Notes pursuant to this Section 7.1 shall specify the date fixed for such prepayment, the aggregate principal amount 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 7.4) and the interest to be paid on the prepayment date with respect to such principal amount being prepaid, and shall state that such prepayment is to be made pursuant to this Section 7.1.
Optional Prepayments of the Notes. Subject to the Intercreditor Agreement, the Borrowers shall have the right at any time and from time to time prior to Maturity, upon the notice provided for below, to optionally prepay the Notes in whole or in part; provided, however, that such prepayments shall be allocated to all of the Notes outstanding at the time in proportion to the respective outstanding Principal amounts thereof. In the event of an optional prepayment made under this Section 4.04, the Borrowers shall give the Lenders irrevocable written notice of such redemption not less than 30 nor more than 60 days prior to the redemption date, specifying (i) such redemption date, (ii) the Principal amount of the Notes to be prepaid on such date, and (iii) the accrued interest applicable to the redemption, and stating that such redemption is to be made pursuant to this Section 4.04. All optional prepayments under this Section 4.04 shall be applied first to all costs, expenses, indemnities and other amounts payable hereunder and under the applicable Notes, 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 and interest due from the Borrowers hereunder shall be made to the Lenders on an equal and ratable basis. The price of the Notes payable upon an optional redemption pursuant to this Section 4.04 shall be an amount equal to the outstanding Principal amount of the Notes plus accrued interest to be redeemed. All Notes which have been prepaid may not be reborrowed.
Optional Prepayments of the Notes. The Company may, at its option, upon notice as provided in Section 5.03, at any time or from time to time, prepay any part (in a principal amount of at least $1,000,000 or an integral multiple of $100,000 in excess thereof) or all of the Notes at 100% of the principal amount so prepaid, together with all accrued and unpaid interest thereon to the date of prepayment, plus a premium equal to the Make-Whole Premium, if any, on the amount so prepaid, determined as of two Business Days prior to the date of such prepayment pursuant to this Section 5.02.
Optional Prepayments of the Notes. The Borrower, at its option, upon notice given as provided in Section 3.3, may, on any Interest Payment Date, prepay all or any part of the principal amount of outstanding Notes (in the minimum amount of $100,000 and additional increments of integral multiples of $100,000), at a price equal to the sum of (i) the greater of the principal amount of the Notes being so prepaid or the Present Value Amount of the Notes being so prepaid, plus (ii) all accrued but unpaid interest on the outstanding principal amount of the Notes being prepaid through the date of such prepayment. Each prepayment made pursuant to this Section 3.2 shall be allocated as provided in Section 3.4. All principal amounts prepaid pursuant to this Section 3.2 shall be applied to reduce the amounts of the mandatory payments of principal thereafter due pursuant to Section 3.1 in the inverse order of maturity of those mandatory payments.
Optional Prepayments of the Notes. (a) Except as provided in Section 3.3(b), the Notes may not be prepaid at the option of the Company.
(b) The Notes may not be prepaid before the third anniversary of their respective Closing Date. Thereafter, the Notes shall be subject to prepayment, in whole but not in part, at the option of the Company, if the Market Price of the Common Stock on each of the twenty (20) consecutive days on which there was a price for such shares during the period ending within five days prior to the giving of written notice of prepayment as provided in Section 15.3 is at least $17.00 per share (appropriately adjusted for any stock split, stock dividend or similar event), at a price in cash equal to (x) the aggregate outstanding principal amount of the Notes to be prepaid plus (y) all accrued and unpaid interest thereon up to and including the date of prepayment.
Optional Prepayments of the Notes. (i) At any time prior to maturity, the Company may, in its sole discretion but subject to compliance with subparagraph (ii) below, prepay outstanding principal amount of Notes, without premium or penalty, provided that no holder of Notes shall receive a payment of principal in other than an integral multiple of $1,000, together with accrued and unpaid interest thereon to any such prepayment date.
(ii) The Company shall give each holder of Notes written notice of each prepayment pursuant to subparagraph (i) of this paragraph 5C, not less than 30 days but not more than 60 days prior to the prepayment date, specifying such prepayment date, the principal amount of the Notes to be prepaid on such date and that such prepayment is to be made pursuant to paragraph 5C Notice of prepayment having been given as aforesaid, the principal amount of the Notes specified in such notice, together with accrued and unpaid interest thereon to the prepayment date, shall become due and payable on such prepayment date unless (a) the holder of such Notes shall have prior to such prepayment date tendered such Notes pursuant to an exercise of Warrants or (b) a holder of Warrants or Common Stock purchased upon exercise thereof shall have requested filing pursuant to the Registration Rights Agreement of, or the Company shall otherwise have filed, a registration statement for Common Stock under the 1933 Act with the Commission, in which case prepayment shall be effected upon the lapse of 60 days after the declaration of effectiveness of such registration statement by the Commission and shall be effected only as to Notes that are not tendered on or before such date pursuant to an exercise of Warrants.
Optional Prepayments of the Notes. (a) Except as otherwise provided in Section 3.1(b), the Notes may not be prepaid in whole or in part at any time prior to June 1, 2003. On or after June 1, 2003, upon notice given as provided in Section 3.2, the Issuer, at its option, may prepay at any time all or from time to time any part (in an aggregate amount of $1,000,000 or any greater amount which is an even multiple of $1,000,000, or in an amount equal to the aggregate outstanding principal balance of the Notes of the Issuer) of the principal amount of Notes, together with accrued but unpaid interest on the principal amount being prepaid to the date of such prepayment, plus payment of the applicable Prepayment Premium.
(b) Prior to June 1, 2003, upon notice given as provided in Section 3.2, the Issuer at its option may prepay within five (5) Business Days of the consummation of a Qualified Public Offering up to 35% of the aggregate outstanding principal amount of the Notes, together with accrued but unpaid interest thereon, plus payment of a prepayment premium equal to 13.5% of the aggregate principal amount of the Notes being prepaid at such time (the "Qualified Public Offering Prepayment Premium"); provided that the prepayment is financed solely with the proceeds of such Qualified Public Offering which proceeds were, immediately prior to such purchase, contributed by the Parent to the common equity capital of the Issuer in a manner satisfactory to the Required Purchasers.
Optional Prepayments of the Notes. The Issuer may prepay the Notes, at its option, in accordance with the procedures set forth in Section 3.5, in whole or in part, at a price equal to the principal amount of Notes to be prepaid plus accrued but unpaid interest on the principal amount of Notes to be prepaid to the prepayment date.
Optional Prepayments of the Notes. (a) Upon notice given as provided in Section 3.2(b), the Company, at its option, may prepay at any time all or from time to time any part (in an aggregate amount of $250,000 or any greater amount which is an even multiple of $50,000, or in an amount equal to the aggregate principal balance of all 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, but without prepayment charge, premium or penalty; provided that not more than two prepayments pursuant to this Section 3.2(a) shall be made in any calendar month. Each prepayment made pursuant to this Section 3.2(a) shall be applied as provided in Section 3.3(c).
(b) The Company shall call Notes for prepayment pursuant to Section 3.2(a) by giving written notice thereof to the Purchaser, not less than 5 Business Days prior to the date fixed for such prepayment, which notice shall specify (i) the date fixed for such prepayment, (ii) the principal amount to be prepaid on such date, and (iii) the amount of accrued interest to be paid or anticipated to be paid on such date. Notice of prepayment having been so given, the aggregate 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, shall become due and payable on the specified prepayment date.
Optional Prepayments of the Notes. At any time and from time to time, the Company may, at its option, upon notice as provided in Section 3.2(b), prepay all or any portion of the principal balance of the Notes, on any quarterly payment date, in minimum increments of $500,000, plus a prepayment premium equal to the product obtained by multiplying (i) the amount being prepaid by (ii) the percentage set forth below opposite the time period in which such prepayment shall occur (the "PREPAYMENT PREMIUM"): TIME PERIOD PERCENTAGE ----------- ---------- Closing Date to March 31, 2005 3% April 1, 2005 to March 31, 2006 2% April 1, 2006 to March 31, 2007 1% April 1, 2007 to maturity No Prepayment Premium In addition, the Company may, at its option, upon notice as provided in Section 3.2(b), prepay all or any portion of the Deferred Interest on any quarterly payment date without having to pay a prepayment premium. Except as provided in Section 3.2(a) and 3.2(c) hereof, the Notes may not be voluntarily prepaid by the Company.
