Common use of Optional Prepayments of the Notes Clause in Contracts

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. Subject to the Borrower Intercreditor Agreement, the Borrowers Borrower shall have the right at any time and from time to time prior to Maturitytime, upon the notice provided for below, to optionally prepay the Notes in whole or in partpart without premium or penalty; 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 Borrower 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 Borrower 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. Subject to the Intercreditor terms of the Subordination Agreement, the Borrowers Company shall have the right at any time and from time to time prior to Maturitythe Maturity Date, 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 Company shall give the Lenders irrevocable written notice of such redemption not less than 30 10 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 anyapplicable, 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 Company 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 Redemption Price of 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. Subject to the Intercreditor Agreement, the Borrowers Borrower shall have the right at any time and from time to time prior to Maturitytime, upon the notice provided for below, to optionally prepay the Notes in whole or in partpart without premium or penalty; 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 Borrower 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 Borrower 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. Subject to the Intercreditor Agreement, the Borrowers The Company shall have the right at any time and from time to time prior to Maturitytime, 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 4.044.06, the Borrowers Company shall give the Lenders irrevocable written notice of such redemption not less than 30 thirty (30) nor more than 60 sixty (60) days prior to the redemption date, specifying (i) such redemption date, (ii) the Redemption Price of the outstanding 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 4.044.06. All optional prepayments under this Section 4.04 4.06 shall be accompanied by accrued interest on the amount prepaid, and 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 Company hereunder shall be made to the Lenders on an equal and ratable basis. The price of All Principal on 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 has been prepaid may not be reborrowed.