Common use of Optional Refinancing Clause in Contracts

Optional Refinancing. (i) The Issuer may, at the direction of the Holders of at least 66-2/3% of the Outstanding Principal Balance of the Class F Notes, effect a Refinancing of the Offered Notes in whole, but not in part, on any Refinancing Date by payment to the Holders of the Offered Notes and other Persons entitled thereto the Refinancing Price pursuant to the Indenture and the other Transaction Documents. To effect a Refinancing, the Servicer on behalf of the Issuer shall deposit in the Note Distribution Account an amount equal to the Refinancing Price and shall comply with the provisions of Section 10.04 of the Indenture.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (NewStar Financial, Inc.), Sale and Servicing Agreement (NewStar Financial, Inc.)

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Optional Refinancing. (i) The Issuer mayIssuer, at the direction of the Holders of representing at least 66-2/3% of the Outstanding Principal Balance of the Class F E Notes, may effect a Refinancing of the Offered Notes in whole, but not in part, and the Class D Notes on any Refinancing Date by payment to the Holders of the Offered Notes and the Class D Notes and other Persons entitled thereto the Refinancing Price pursuant to the Indenture and the other Transaction Documents. To effect a Refinancing, the Servicer on behalf of the Issuer shall deposit in the Note Distribution Account an amount equal to the Refinancing Price and shall comply with the provisions of Section 10.04 of the Indenture.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Ares Capital Corp)

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Optional Refinancing. (i) The Issuer may, at the direction of the Holders Holder of at least 66-2/3% of the Outstanding Principal Balance of the Class F NotesNote, effect a Refinancing of the Offered Notes and the Class E Notes in whole, but not in part, on any Refinancing Date by payment to the Holders of the Offered Notes and the Class E Notes and other Persons entitled thereto the Refinancing Price pursuant to the Indenture and the other Transaction Documents. To effect a Refinancing, the Servicer on behalf of the Issuer shall deposit in the Note Distribution Account an amount equal to the Refinancing Price and shall comply with the provisions of Section 10.04 of the Indenture.

Appears in 1 contract

Samples: Sale and Servicing Agreement (NewStar Financial, Inc.)

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