Payment Prepayment. All payments shall be made in lawful money of the United States of America at such place as the Holder hereof may from time to time designate in writing to the Company. Payment shall be credited first to the accrued interest then due and payable and the remainder applied to principal. Prepayment of this Note may be made at any time without penalty.
Payment Prepayment. Provided there is an Outstanding Balance, on each Installment Date (as defined below), Borrower shall pay to Lender an amount equal to the Installment Amount (as defined below) due on such Installment Date in accordance with Section 8. All payments owing hereunder shall be in lawful money of the United States of America or Conversion Shares (as defined below), as provided for herein, and delivered to Lender at the address furnished to Borrower for that purpose. All payments shall be applied first to (a) costs of collection, if any, then to (b) fees and charges, if any, then to (c) accrued and unpaid interest, and thereafter, to (d) principal. Notwithstanding the foregoing, so long as Borrower has not received a Lender Conversion Notice (as defined below) or an Installment Notice (as defined below) from Lender where the applicable Conversion Shares have not yet been delivered and so long as no Event of Default has occurred since the Effective Date (whether declared by Lender or undeclared), then Borrower shall have the right, exercisable on not less than five (5) Trading Days prior written notice to Lender to prepay the Outstanding Balance of this Note, in full, in accordance with this Section 1. Any notice of prepayment hereunder (an “Optional Prepayment Notice”) shall be delivered to Lender at its registered address and shall state: (y) that Borrower is exercising its right to prepay this Note, and (z) the date of prepayment, which shall be not less than five (5) Trading Days from the date of the Optional Prepayment Notice. On the date fixed for prepayment (the “Optional Prepayment Date”), Borrower shall make payment of the Optional Prepayment Amount (as defined below) to or upon the order of Lender as may be specified by Lender in writing to Borrower. If Borrower exercises its right to prepay this Note, Borrower shall make payment to Lender of an amount in cash (the “Optional Prepayment Amount”) equal to 125% multiplied by the then Outstanding Balance of this Note. In the event Borrower delivers the Optional Prepayment Amount to Lender prior to the Optional Prepayment Date or without delivering an Optional Prepayment Notice to Lender as set forth herein without Lender’s prior written consent, the Optional Prepayment Amount shall not be deemed to have been paid to Lender until the Optional Prepayment Date. Moreover, in such event the Optional Prepayment Liquidated Damages Amount will automatically be added to the Outstanding Balance of this Note on the da...
Payment Prepayment. (a) All payments of the Principal Balance, Interest and any other amounts shall be made in lawful money of the United States of America by bank check, money order, cash or via wire transfer to an account of the Holder noticed to the Company in writing prior to the Maturity Date at the option of the Company, to the Holder’s address set forth above or to the last address entered on the books of the Company. Payment shall be credited first to amounts due other than the Principal Balance and Interest, then to the accrued Interest then due and payable, if any, and then the remainder applied to the Principal Balance.
(b) The Principal Balance may be prepaid, in whole or in part, at any time after the Issue Date, or from time to time thereafter, plus all accrued Interest on the Principal Balance only, to the date of prepayment without premium or penalty.
Payment Prepayment. All payments shall be made in lawful money of the United States of America at such place as the Holder hereof may from time to time designate in writing to the Company. Payment shall be credited first to any fees and expenses due and payable hereunder, then to accrued and unpaid interest, and then the remainder shall be applied to principal. The Company may prepay this Note in whole or in part at any time following at least fifteen (15) and no more than sixty (60) days’ advance written notice to the Holder, provided that the Holder shall retain all rights of conversion until the date of repayment, notwithstanding the pendency of any prepayment notice.
Payment Prepayment. (a) Payment shall be made in lawful tender of the United States.
(b) Company shall have the right to prepay at any time, without penalty, in whole or in part, the unpaid principal and interest due on this Note.
Payment Prepayment. (a) All payments made under this Note will be made in United States dollars at such place as the Investor may from time to time designate in writing to the Company.
(b) Prepayment of any portion of the Outstanding Amount may not be made by the Company except as set out in the Intercreditor Agreements and with the written consent of all the Note Investors.
Payment Prepayment. Any outstanding principal amount and any accrued but unpaid interest on this Note that are payable in cash pursuant to this Note, all other cash payments shall be made in lawful money of the United States of America by check sent to the address or by wire transfer for the account of the Holder as the Holder may designate from time to time and notify in writing to the Issuer at least three Business Days prior to each payment date. If any such payment date falls on a day that is not a Business Day, the required payment will be made on the next succeeding Business Day and no interest on such payment will accrue in respect of the delay. Payment shall be credited first to the accrued interest then due and payable and the remainder applied to principal amount. Notwithstanding anything to the contrary, voluntary prepayment of this Note may not be made without the prior written consent of the Holder. For the avoidance of doubt, any payments made pursuant to Section 3 shall not be considered a prepayment.
Payment Prepayment. All payments shall be made in lawful money of the United States of America at such place as the Holder hereof may from time to time designate in writing to the Company and shall be made on a pro rata basis among all of the Notes. Payment shall be credited first to the accrued interest then due and payable and the remainder applied to principal. Except as contemplated by the conversion hereof, the principal and interest of the Notes may be prepaid at any time, in full or in part. The Company hereby agrees to use the proceeds from any financing from ADM Capital Europe LLP to repay the Notes. After the 90 day from the date hereof, the Company shall provide the Holder one business day notice of payment of the Note to permit the Holder the ability to convert the Note as set forth in Section 2 above.
Payment Prepayment. (a) The Company shall pay all its obligations to the Bank under the Facility on or before June 30, 2001.
(b) Notwithstanding paragraph (a) above, the net cash proceeds of any of the following shall be applied immediately and in full against Company's obligations to the Bank under the Facility (i) any sale, lease, transfer or other disposition of the Company's direct or indirect assets including any sale, lease, transfer or other disposition of the assets of any direct or indirect subsidiary of the Company (except equipment leases and pledges under purchase money obligations which in the aggregate do not exceed those dollar amounts set forth in Section 8.8(c) and trade sales, in each case in the ordinary course of business), (ii) any equity or debt issuance by the Company, including, without limitation, an initial public offering or private placement of debt or equity securities or, (iii) after default under the Bank Documents or Section 11 hereof, collection of any assets (including accounts receivable) of the Company. Further, the Company agrees to prepay its obligations to the Bank under the Facility upon any consolidation or merger of the Company with or into another entity, or a transfer of all or substantially all of the assets of the Company.
Payment Prepayment. Borrower shall make interim payments of principal and interest as funds become available from the sale of Borrower’s common stock pursuant to the Registered Equity Line of Credit with Keystone Capital Partners, LLC. The indebtedness evidenced by this Note may be prepaid at any time without premium or penalty.
