Common use of Optional Repayments of Revolving Credit Loans Clause in Contracts

Optional Repayments of Revolving Credit Loans. The Borrower shall have the right, at its election, to repay the outstanding amount of the Revolving Credit Loans, as a whole or in part, at any time without penalty or premium, provided that any full or partial prepayment of the outstanding amount of any LIBOR Rate Loans pursuant to this (S)3.3 may be made only on the last day of the Interest Period relating thereto. The Borrower shall give the Agent, no later than 10:00 a.m., Chicago time, at least one (1) Business Day prior written notice of any proposed prepayment pursuant to this (S)3.3 of Base Rate Loans, and three (3) Business Days notice of any proposed prepayment pursuant to this (S)3.3 of LIBOR Rate Loans, in each case specifying the proposed date of prepayment of Revolving Credit Loans and the principal amount to be prepaid. Each such partial prepayment of the Revolving Credit Loans shall be in an amount of not less than $2,000,000 and an integral multiple of $500,000 in excess thereof, shall be accompanied by the payment of accrued interest on the principal prepaid to the date of prepayment and shall be applied, in the absence of instruction by the Borrower, first to the principal of Base Rate Loans and then to the principal of LIBOR Rate Loans. Notwithstanding anything to the contrary contained herein, all optional repayments hereunder shall be applied first to the outstanding Revolving Credit B Loans and then, to the extent the Revolving Credit B Loans have been repaid in full, to the Revolving Credit A Loans. Each partial prepayment shall be allocated among the Banks, in proportion, as nearly as practicable, to the respective unpaid principal amount of each Bank's Note, with adjustments to the extent practicable to equalize any prior repayments not exactly in proportion.

Appears in 1 contract

Samples: Revolving Credit Agreement (Varian Semiconductor Equipment Associates Inc)

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Optional Repayments of Revolving Credit Loans. The Borrower Each of the Borrowers shall have the right, at its election, to repay the outstanding amount of the Revolving Credit A Loans or Revolving Credit B Loans, as the case may be, as a whole or in part, at any time without penalty or premiumpremium (but subject to ss.5.10); provided, provided that any full or partial however, (a) no prepayment of the outstanding amount of any LIBOR Rate Revolving Credit B Loans pursuant to this (S)3.3 may shall be made only on if at the last day time of such prepayment the Revolver A Exposure exceeds the Maximum Initial Amount, (b) no prepayment of the Interest Period relating theretoSubdebt Funding Loans shall be made if at the time of such prepayment there are any outstanding Revolving Credit A Loans or Term Loans; and (c) no prepayment of the Revolving Credit A Loans shall be made if, at the time of making such prepayment, the Revolver A Exposure is less than or equal to the Maximum Initial Amount and there are any outstanding Revolving Credit B Loans other than the Subdebt Funding Loans. The applicable Borrower shall give the Agent, no later than 10:00 a.m., Chicago time, at least one (1) Business Day prior Boston time on the date of any prepayment written notice of any proposed prepayment pursuant to this (S)3.3 ss.2.13 of Base Rate Loans, and three two (32) Business Days notice of any proposed prepayment pursuant to this (S)3.3 ss.2.13 of LIBOR Eurocurrency Rate Loans, in each case specifying the proposed date of prepayment of Revolving Credit A Loans or Revolving Credit B Loans, as the case may be, and the principal amount to be prepaid. Each such partial prepayment of the Revolving Credit Loans shall be in an amount of not less than $2,000,000 and an integral multiple of $500,000 in excess thereof500,000, shall be accompanied by the payment of accrued interest on the principal prepaid to the date of prepayment and shall be applied, in the absence of instruction by the applicable Borrower, first to the principal of Base Rate Loans and then to the principal of LIBOR Rate Loans. Notwithstanding anything to the contrary contained herein, all optional repayments hereunder shall be applied first to the outstanding Revolving Credit B Loans and then, to the extent the Revolving Credit B Loans have been repaid in full, to the Revolving Credit A Loansaccordance with ss.2.12.4(a)(iii) hereof. Each partial prepayment shall be allocated among the applicable Revolving Banks, in proportion, as nearly as practicable, to the respective unpaid principal amount of each Revolving Bank's NoteRevolving Credit A Note or loan account or Revolving Credit B Note or loan account, as the case may be, with adjustments to the extent practicable to equalize any prior repayments not exactly in proportion. All repayments of the Revolving Credit Loans shall be applied first, to such Loans borrowed in compliance with the second paragraph of ss.4.09 of the Subordinated Indenture, and second, to such Loans borrowed in compliance with the first paragraph of ss.4.09 of the Subordinated Indenture.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Holmes Group Inc)

Optional Repayments of Revolving Credit Loans. The Borrower shall have the right, at its election, to repay the outstanding amount of the Revolving Credit Loans, as a whole or in part, at any time without penalty or premium, provided PROVIDED that any full or partial prepayment repayment of the outstanding amount of any LIBOR Eurodollar Rate Loans or Competitive Bid Loan pursuant to this (S)3.3 Section 2.8 may be made only on the last day of the Interest Period relating thereto unless the Borrower pays each Lender, or, in the case of a Competitive Bid Loan, the applicable Lender, in accordance with Section 4.10, the costs and expenses incurred by such Lender as a result of the repayment of such Eurodollar Rate Loan or, as the case may be, Competitive Bid Loan on a day other than the last day of the Interest Period relating thereto. The Borrower shall give the Agent, prior written notice no later than 10:00 a.m.1:00 p.m., Chicago Boston time, at least one (1) Business Day prior written notice on the date of any proposed prepayment repayment pursuant to this (S)3.3 Section 2.8 of Base Rate Loans, and no later than 1:00 p.m., Boston time, three (3) Business Days notice of Days' prior to any proposed prepayment repayment pursuant to this (S)3.3 Section 2.8 of LIBOR Eurodollar Rate Loans and Competitive Bid Loans, in each case specifying the proposed date of prepayment repayment of such Revolving Credit Loans and and, the principal amount to be prepaidrepaid. Each such partial prepayment repayment of the Revolving Credit Loans shall be in an amount of not less than $2,000,000 and an integral multiple of $500,000 in excess thereof5,000,000, shall be accompanied by the payment of accrued interest on the principal prepaid repaid to the date of prepayment repayment and shall be applied, in the case of Syndicated Loans, in the absence of instruction by the Borrower, first to the principal of Base Rate Loans and then to the principal of LIBOR Eurodollar Rate Loans. Notwithstanding anything to Loans and, in the contrary contained herein, all optional repayments hereunder shall be applied first to the outstanding Revolving Credit B Loans and thencase of a Competitive Bid Loan, to the extent the Revolving Credit B Loans have been repaid in full, to the Revolving Credit A Loanssuch Competitive Bid Loan. Each partial prepayment repayment of Syndicated Loans shall be allocated among the BanksLenders, in proportion, as nearly as practicable, to the respective unpaid principal amount of each BankLender's Noteapplicable Syndicated Note being repaid, with adjustments to the extent practicable to equalize any prior repayments not exactly in proportion.

Appears in 1 contract

Samples: Revolving Credit Agreement (Staples Inc)

Optional Repayments of Revolving Credit Loans. The Borrower Borrowers shall have the right, at its their election, to repay the outstanding amount of the Revolving Credit Loans, as a whole or in part, at any time without penalty or premium, provided PROVIDED that any full or partial prepayment of the outstanding amount of any LIBOR Eurodollar Rate Loans pursuant to this (S)3.3 Section 2.6 may be made only on the last day of the Interest Period relating thereto. The Borrower Except for repayments of the Revolving Credit Loans as contemplated by Section 2.14, the Borrowers’ Representative shall give the Agent, no later than 10:00 a.m.12:00 noon, Chicago Boston time, at least one (1) Business Day prior written notice of any proposed prepayment pursuant to this (S)3.3 Section 2.6 of Base Rate Loans, and three (3) Eurodollar Business Days notice of any proposed prepayment pursuant to this (S)3.3 Section 2.6 of LIBOR Eurodollar Rate Loans, in each case case, specifying the proposed date of prepayment of Revolving Credit Loans and the principal amount to be prepaid. Each such partial prepayment of the Revolving Credit Loans shall be in an amount of not less than equal to $2,000,000 and 1,000,000 or an integral multiple of $500,000 1,000,000 in excess thereof, shall be accompanied by the payment of accrued interest on the principal prepaid to the date of prepayment and shall be applied, in the absence of instruction by the BorrowerBorrowers’ Representative, first to the principal of Base Rate Loans and then to the principal of LIBOR Eurodollar Rate Loans. Notwithstanding anything to the contrary contained herein, all optional repayments hereunder shall be applied first to the outstanding Revolving Credit B Loans and then, to the extent the Revolving Credit B Loans have been repaid in full, to the Revolving Credit A Loans. Each partial prepayment shall be allocated among the BanksRevolving Credit Lenders, in proportion, as nearly as practicable, to the respective unpaid principal amount of each Bank's Revolving Credit Lender’s Revolving Credit Note, with adjustments to the extent practicable to equalize any prior repayments not exactly in proportion.

Appears in 1 contract

Samples: Loan and Security Agreement (Fao Inc)

Optional Repayments of Revolving Credit Loans. The Borrower shall have B Loans, as the right, at its election, to repay the outstanding amount of the Revolving Credit Loanscase may be, as a whole or in part, at any time without penalty or premiumpremium (but subject to Section 5.10); provided, provided that any full or partial however, (a) no prepayment of the outstanding amount of any LIBOR Rate Revolving Credit B Loans pursuant to this (S)3.3 may shall be made only on if at the last day time of such prepayment the Revolver A Exposure exceeds the Maximum Initial Amount, (b) no prepayment of the Interest Period relating theretoSubdebt Funding Loans shall be made if at the time of such prepayment there are any outstanding Revolving Credit A Loans or Term Loans; and (c) no prepayment of the Revolving Credit A Loans shall be made if, at the time of making such prepayment, the Revolver A Exposure is less than or equal to the Maximum Initial Amount and there are any outstanding Revolving Credit B Loans other than the Subdebt Funding Loans. The applicable Borrower shall give the Agent, no later than 10:00 a.m., Chicago time, at least one (1) Business Day prior Boston time on the date of any prepayment written notice of any proposed prepayment pursuant to this (S)3.3 Section 2.13 of Base Rate Loans, and three two (32) Business Days notice of any proposed prepayment pursuant to this (S)3.3 Section 2.13 of LIBOR Eurocurrency Rate Loans, in each case specifying the proposed date of prepayment of Revolving Credit A Loans or Revolving Credit B Loans, as the case may be, and the principal amount to be prepaid. Each such partial prepayment of the Revolving Credit Loans shall be in an amount of not less than $2,000,000 and an integral multiple of $500,000 in excess thereof500,000, shall be accompanied by the payment of accrued interest on the principal prepaid to the date of prepayment and shall be applied, in the absence of instruction by the applicable Borrower, first to the principal of Base Rate Loans and then to the principal of LIBOR Rate Loans. Notwithstanding anything to the contrary contained herein, all optional repayments hereunder shall be applied first to the outstanding Revolving Credit B Loans and then, to the extent the Revolving Credit B Loans have been repaid in full, to the Revolving Credit A Loansaccordance with Section 2.12.4(a)(iii) hereof. Each partial prepayment shall be allocated among the applicable Revolving Banks, in proportion, as nearly as practicable, to the respective unpaid principal amount of each Revolving Bank's NoteRevolving Credit A Note or loan account or Revolving Credit B Note or loan account, as the case may be, with adjustments to the extent practicable to equalize any prior repayments not exactly in proportion. All repayments of the Revolving Credit Loans shall be applied first, to such Loans borrowed in compliance with the second paragraph of Section 4.09 of the Subordinated Indenture, and second, to such Loans borrowed in compliance with the first paragraph of Section 4.09 of the Subordinated Indenture.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Holmes Group Inc)

Optional Repayments of Revolving Credit Loans. (a) The Borrower shall have the right, at its election, to repay the outstanding amount of the Revolving Credit Loans, as a whole or in part, at any time without penalty or premium, provided ; PROVIDED that any full or partial prepayment of the outstanding amount of any LIBOR Eurodollar Rate Loans pursuant to this (S)3.3 SECTION 3.3 may be made only on the last day of the Interest Period relating thereto. The Borrower shall give the Agent, no later than 10:00 a.m.a.m. (Boston, Chicago Massachusetts time), at least one two (12) Business Day Days prior written notice of any proposed prepayment pursuant to this (S)3.3 SECTION 3.3 of Base Rate Loans, Loans and three (3) Eurodollar Business Days notice of any proposed prepayment pursuant to this (S)3.3 SECTION 3.3 of LIBOR Eurodollar Rate Loans, in each case specifying the proposed date of prepayment of Revolving Credit Loans and the principal amount to be prepaid. Each such partial prepayment of the Revolving Credit Loans shall be in an amount of not less than $2,000,000 and an integral multiple of $500,000 in excess thereof500,000, shall be accompanied by the payment of accrued interest on the principal prepaid to the date of prepayment and shall be applied, in the absence of instruction by the Borrower, first to the principal of Base Rate Loans and then to the principal of LIBOR Eurodollar Rate Loans. Notwithstanding anything to the contrary contained herein, all optional repayments hereunder shall be applied first to the outstanding Revolving Credit B Loans and then, to the extent the Revolving Credit B Loans have been repaid in full, to the Revolving Credit A Loans. Each partial prepayment shall be allocated among the BanksLenders, in proportion, as nearly as practicable, to the respective unpaid principal amount of each BankLender's Revolving Credit Note, with adjustments to the extent practicable to equalize any prior repayments not exactly in proportion. (b) Notwithstanding the notice and minimum amount requirements set forth in SECTION 3.3(A) above, subject to Settlement, the Agent may in its sole discretion allow the Borrower to repay Revolving Credit Loans made by the Agent on a daily basis.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (CRC Evans International Inc)

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Optional Repayments of Revolving Credit Loans. The Borrower Borrowers shall have the right, at its their election, to repay the outstanding amount of the Revolving Credit Loans, as a whole or in part, at any time without penalty or premium, provided that any full or partial prepayment of the outstanding amount of any LIBOR Rate Loans pursuant to this (S)3.3 Section 3.3 may be made only on the last day of the Interest Period relating thereto. The Borrower Borrowers shall give the Administrative Agent, (a) no later than 10:00 11:00 a.m., Chicago Hartford time, at least one on the date of any proposed prepayment of Base Rate Loans pursuant to this Section 3.3 and (1b) not less than three (3) LIBOR Business Day Days prior to any proposed prepayment of any LIBOR Rate Loans pursuant to this Section 3.3, prior written notice of any such proposed prepayment pursuant to this (S)3.3 of Base Rate Loans, and three (3) Business Days notice of any proposed prepayment pursuant to this (S)3.3 of LIBOR Rate Loansprepayment, in each case specifying the proposed date of prepayment of Revolving Credit Loans and the principal amount to be prepaid. Each such partial prepayment of the Revolving Credit Loans shall be in an amount of not less than $2,000,000 and an integral multiple of $500,000 in excess thereof100,000, shall be accompanied by the payment of accrued interest on the principal prepaid to the date of prepayment and shall be applied, in the absence of instruction by the BorrowerBorrowers, first to the principal of Base Rate Loans and then to the principal of LIBOR Rate Loans. Notwithstanding anything to the contrary contained herein, all optional repayments hereunder shall be applied first to the outstanding Revolving Credit B Loans and then, to the extent the Revolving Credit B Loans have been repaid in full, to the Revolving Credit A Loans. Each partial prepayment shall be allocated among the BanksLenders, in proportion, as nearly as practicable, to the respective unpaid principal amount of each BankLender's Revolving Credit Note, with adjustments to the extent practicable to equalize any prior repayments not exactly in proportion.

Appears in 1 contract

Samples: Credit Agreement (Vermont Pure Holdings LTD/De)

Optional Repayments of Revolving Credit Loans. The Borrower Borrowers shall have the right, at its their election, to repay the outstanding amount of the Revolving Credit Loans, as a whole or in part, at any time without penalty or premium, provided PROVIDED that any full or partial prepayment of the outstanding amount of any LIBOR Eurocurrency Rate Loans pursuant to this (S)3.3 Section 2.13.3 may be made only on the last day of the Interest Period relating theretothereto unless breakage costs incurred by the Lenders in connection therewith are paid by the Borrowers in accordance with Section 4.10. The applicable Borrower shall give the Administrative Agent, no later than 10:00 a.m., Chicago a.m. (Hartford time), at least (a) one (1) Business Day Days prior written notice of any proposed prepayment pursuant to this (S)3.3 Section 2.13.3 of Base Rate Loans, and (b) three (3) Business Days notice of any proposed prepayment pursuant to this (S)3.3 Section 2.13.3 of LIBOR Eurocurrency Rate Loans, in each case specifying the proposed date of prepayment of Revolving Credit Loans and the principal amount to be prepaid. Each such partial prepayment of the Revolving Credit Loans shall be in an amount of not less than $2,000,000 and an integral multiple of $500,000 1,000,000, (or the Pounds Sterling Equivalent or the Euro Equivalent, as applicable, in excess thereof, the case of Revolving Credit Loans denominated in Pounds Sterling or Euros) shall be accompanied by the payment of accrued interest on the principal prepaid to the date of prepayment and shall be applied, in the absence of instruction by the applicable Borrower, first FIRST to the principal of Base Rate Loans and then which are Fronted Loans, SECOND to the principal of LIBOR all other Base Rate Loans. Notwithstanding anything , THIRD to the contrary contained herein, all optional repayments hereunder shall be applied first principal of Eurocurrency Rate Loans which are Fronted Loans and FOURTH to the outstanding Revolving Credit B Loans and then, to the extent the Revolving Credit B Loans have been repaid in full, to the Revolving Credit A principal of all other Eurocurrency Rate Loans. Each partial prepayment shall be allocated among the BanksLenders and the Fronting Bank, in proportion, as nearly as practicable, to the respective unpaid principal amount of each BankLender's NoteRevolving Credit Note or loan account, as the case may be, with adjustments to the extent practicable to equalize any prior repayments not exactly in proportion. With respect to borrowings under any Overdraft Facility, the prior notice requirements may be waived by the Fronting Bank.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Hexcel Corp /De/)

Optional Repayments of Revolving Credit Loans. The Borrower shall have the right, at its election, to repay the outstanding amount of the Revolving Credit Loans and Fixed Rate Loans, as a whole or in part, at any time without penalty or premium, provided that any full or partial prepayment of the outstanding amount of any LIBOR Eurodollar Rate Loans pursuant to this (S)3.3 Section 3.3 may be made only on the last day of the Interest Period relating theretothereto unless breakage costs described in Section 5.10 in connection therewith are paid by the Borrower. The Borrower shall give the Administrative Agent, no later than 10:00 11:00 a.m., Chicago Boston time, at least one (1) Business Day prior on such day written notice of any proposed prepayment pursuant to this (S)3.3 Section 3.3 of Base Prime Rate Loans, and no later than 12:00 noon, Boston time, three (3) Eurodollar Business Days notice of any proposed prepayment pursuant to this (S)3.3 Section 3.3 of LIBOR Fixed Rate Loans or Eurodollar Rate Loans, in each case specifying the proposed date of prepayment of Revolving Credit Loans and the principal amount to be prepaid. Each such partial prepayment of the Revolving Credit Loans shall be in an a minimum aggregate amount of not less than $2,000,000 and 1,000,000 or an integral multiple of $500,000 in excess thereof, shall be accompanied by the payment of accrued interest on the principal prepaid to the date of prepayment and shall be applied, in the absence of instruction by the Borrower, first to the principal of Base Fixed Rate Loans and then Loans, second to the principal of LIBOR Prime Rate Loans. Notwithstanding anything Loans and third to the contrary contained herein, all optional repayments hereunder shall be applied first to the outstanding Revolving Credit B Loans and then, to the extent the Revolving Credit B Loans have been repaid in full, to the Revolving Credit A principal of Eurodollar Rate Loans. Each partial prepayment shall be allocated among the BanksLenders, in proportion, as nearly as practicable, to the respective unpaid principal amount of each BankLender's Revolving Credit Note, with adjustments to the extent practicable to equalize any prior repayments not exactly in proportion.

Appears in 1 contract

Samples: Revolving Credit Agreement (Coach Inc)

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