Payments and Prepayments of the Loans. (a) The entire principal of the Revolving Credit Notes shall be absolutely due and payable by the Borrower to the Lender on the Revolving Credit Maturity Date. All of the other Indebtedness evidenced by the Revolving Credit Notes shall, if not sooner paid, also be absolutely due and payable by the Borrower to the Lender on the Revolving Credit Maturity Date. (b) The entire principal of the Term Note shall be payable by the Borrower to the Lender in 20 consecutive quarterly installments of principal. Such quarterly installments of principal shall be payable on the installment payment dates, and shall be in the amounts, set forth below: 03/31/06 $ 500,000 06/30/06 $ 500,000 09/30/06 $ 500,000 12/31/06 $ 500,000 03/31/07 $ 500,000 06/30/07 $ 500,000 09/30/07 $ 500,000 12/31/07 $ 500,000 03/31/08 $ 750,000 06/30/08 $ 750,000 09/30/08 $ 750,000 12/31/08 $ 750,000 03/31/09 $ 1,250,000 06/30/09 $ 1,250,000 09/30/09 $ 1,250,000 12/31/09 $ 1,250,000 03/31/10 $ 1,250,000 06/30/10 $ 1,250,000 09/30/10 $ 1,250,000 12/31/10 $ 4,250,000 All of the indebtedness evidenced by the Term Note shall, if not sooner paid, be in any event absolutely and unconditionally due and payable in full by the Borrower to the Lender on the Term Loan Maturity Date. (c) Revolving Loans that are Base Rate Loans may be voluntarily prepaid at any time, without premium or penalty. Subject to the provisions of Section 2.16, Revolving Loans that are Eurodollar Loans may be voluntarily prepaid at any time, without premium or penalty, upon 3 Business Days’ prior written notice to the Lender. Any interest accrued on the amounts so prepaid to the date of such payment must be paid at the time of any such payment. No prepayment of the Revolving Loans prior to the Revolving Credit Maturity Date shall affect the Total Commitment or impair the Borrower’s right to borrow as set forth in Section 2.
Appears in 2 contracts
Samples: Revolving Credit and Term Loan Agreement (Open Link Financial, Inc.), Revolving Credit and Term Loan Agreement (Open Link Financial, Inc.)
Payments and Prepayments of the Loans. (a) The entire principal of the Revolving Credit Notes shall be absolutely due and payable by the Borrower to the Lender Banks on the Revolving Credit Maturity Date. All of the other Indebtedness evidenced by the Revolving Credit Notes shall, if not sooner paid, also be absolutely due and payable by the Borrower to the Lender Banks on the Revolving Credit Maturity Date.
(b) The entire principal of the Term Note Notes shall be payable by the Borrower to the Lender Banks in 20 consecutive quarterly installments of principal. Such quarterly installments of principal shall be payable on the installment payment dates, and shall be in the amounts, set forth below: 09/30/03 $ 714,285 12/31/03 $ 714,285 03/31/04 $ 714,285 06/30/04 $ 714,285 09/30/04 $ 714,285 12/31/04 $ 714,285 03/31/05 $ 714,285 06/30/05 $ 714,285 09/30/05 $ 714,285 12/31/05 $ 714,285 03/31/06 $ 500,000 714,285 06/30/06 $ 500,000 714,285 09/30/06 $ 500,000 714,285 12/31/06 $ 500,000 714,285 03/31/07 $ 500,000 714,285 06/30/07 $ 500,000 714,285 09/30/07 $ 500,000 714,285 12/31/07 $ 500,000 714,285 03/31/08 $ 750,000 714,285 06/30/08 $ 750,000 09/30/08 $ 750,000 12/31/08 $ 750,000 03/31/09 $ 1,250,000 06/30/09 $ 1,250,000 09/30/09 $ 1,250,000 12/31/09 $ 1,250,000 03/31/10 $ 1,250,000 06/30/10 $ 1,250,000 09/30/10 $ 1,250,000 12/31/10 $ 4,250,000 6,428,585 All of the indebtedness evidenced by the each Term Note shall, if not sooner paid, be in any event absolutely and unconditionally due and payable in full by the Borrower to the Lender Banks on the Term Loan Maturity Date.
(c) Revolving Credit Loans that are Base Prime Rate Loans may be voluntarily prepaid at any time, without premium or penalty. Subject to the provisions of Section 2.16, Revolving Loans that are Eurodollar Loans may be voluntarily prepaid at any time, without premium or penalty, upon 3 5 Business Days’ prior written notice to the LenderAdministrative Agent and each Bank. Subject to the provisions of Section 2.15, Revolving Credit Loans that are LIBOR Loans may be voluntarily prepaid at any time, without premium or penalty, upon 5 Business Days’ prior written notice to the Administrative Agent and each Bank. Any interest accrued on the amounts so prepaid to the date of such payment must be paid at the time of any such payment. No prepayment of the Revolving Credit Loans prior to the Revolving Credit Maturity Date shall affect the Total Commitment or impair the Borrower’s right to borrow as set forth in Section 22.1. Partial prepayments of the Revolving Credit Loans shall be in an amount equal to $500,000 or an integral multiple thereof. In the case of any partial payment of the Revolving Credit Loans, the total amount of such partial payment shall be allocable among the Revolving Credit Loans, subject to adjustment as provided in Section 8.5, pro rata in accordance with the Revolving Credit Commitment Percentage of each Bank having a Revolving Credit Commitment.
(d) Subject to the provisions of Section 2.15, the Term Loan may be voluntarily prepaid at any time, in whole or in part, without premium or penalty, upon 5 Business Days’ prior written notice to the Administrative Agent and each Bank, provided that interest accrued on the amounts so paid to the date of such payment must be paid at the time of any such payment. Partial prepayments of the Term Loan shall be in an amount equal to $500,000 or an integral multiple thereof. In the case of any partial prepayment of the Term Loan, the total amount of such partial prepayment shall be allocable, subject to adjustment as provided in Section 8.5, pro rata to each Bank having a Term Loan Commitment in accordance with each such Bank’s Term Loan Commitment Percentage.
(e) The Borrower shall be required to make mandatory prepayments of the Loans as set forth below (each a “Mandatory Prepayment”), such payments being due and payable on the day on which any Net Proceeds are received with respect to clauses (i) through (iv) below, and on the date on which the financial statements referred to below are required to be delivered, whether or not such financial statements are actually delivered, with respect to clause (v) below:
(i) subject to Section 6.5, an amount equal to 50% of the Net Proceeds received by the Borrower or any other member of the Borrower Affiliated Group from the sale or other disposition of any of its respective non-core assets, except for (x) sales of Inventory in the ordinary course of business, (y) sales of assets wholly in the ordinary course of business having an aggregate purchase price of not more than $750,000 (together with amounts under subclause (z) below) in any fiscal year, provided that all such sales are made at fair market value, and (z) sales of obsolete equipment having an aggregate value not exceeding $750,000 (together with amounts under subclause (y) above) in any fiscal year, provided that the proceeds of such sales are reinvested in equipment serving the same or similar function within 60 days after the receipt of such Net Proceeds and further provided that the remaining 50% of the Net Proceeds received by the Borrower or any other member of the Borrower Affiliated Group from the sale or other disposition of any of its respective non-core assets shall be due and payable one (1) year from the date of such asset sale to the extent such Net Proceeds are not reinvested in Permitted Acquisitions during such period;
(ii) subject to Section 6.1, an amount equal to 100% of the Net Proceeds received from the incurrence of any Indebtedness for borrowed money, except for the Indebtedness described in either clause (c) or (e) of Section 6.1;
(iii) an amount equal to 100% of the proceeds of insurance received by the Borrower, any other member of the Borrower Affiliated Group or the Administrative Agent, except for any of such proceeds of insurance which are expressly permitted to be retained by the Borrower or such member of the Borrower Affiliated Group pursuant to the Security Agreements or Leasehold Mortgages and which are fully re-deployed in the ordinary course of business within six (6) months from the date so recovered, provided that up to $300,000 of insurance proceeds may be applied by the Borrower or any member of the Borrower Affiliated Group for repairs and/or replacements without such six (6) month limitation;
(iv) an amount equal to 100% of the Net Proceeds received from the sale of any Equity Securities by the Borrower or any other member of the Borrower Affiliated Group, except for Equity Securities issued to employees, directors and consultants in connection with an employee benefit or equity incentive plan existing on the date hereof or hereafter adopted by the Board of Directors of the Borrower or such other member of the Borrower Affiliated Group; and
(v) commencing on April 30, 2004 and annually thereafter, an amount equal to 50% of the Excess Cash Flow of the Borrower Affiliated Group for each fiscal year of the Borrower Affiliated Group (commencing with the fiscal year ended December 31, 2003), as evidenced by the financial statements required to be delivered pursuant to Section 5.1(a); provided that notwithstanding the foregoing, if at the end of any fiscal year of the Borrower Affiliated Group, the Funded Debt Ratio (as evidenced by the annual audited financial statements required to be delivered pursuant to Section 5.1(a)) is less than 1.50 to 1 for the four consecutive fiscal quarters ending with the last fiscal quarter of such fiscal year, the requirement to prepay from Excess Cash Flow pursuant to this clause (v) shall be eliminated for such fiscal year. Subject to the proviso set forth in the last sentence of this paragraph, Mandatory Prepayments shall be applied to installments of principal due under the Term Loan in inverse order of maturity, until the Term Loan has been paid in full. Mandatory prepayments of Prime Rate Loans shall be made without any premium or penalty. Mandatory Prepayments of LIBOR Loans shall be made subject to the provisions of Section 2.15, provided that, if no Default or Event of Default has occurred, the Borrower shall be permitted to make any such Mandatory Prepayment that is due prior to the end of an Interest Period to a cash collateral account established and controlled by the Administrative Agent. Any such amounts will be held in such cash collateral
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Mac-Gray Corp)
Payments and Prepayments of the Loans. (a) The entire principal of the Revolving Credit Notes shall be absolutely due and payable by the Borrower to the Lender Banks on the Revolving Credit Maturity Date. All of the other Indebtedness evidenced by the Revolving Credit Notes shall, if not sooner paid, also be absolutely due and payable by the Borrower to the Lender Banks on the Revolving Credit Maturity Date.
(b) The entire principal of the Term Note Notes shall be payable by the Borrower to the Lender Banks in 20 consecutive quarterly installments of principal. Such quarterly installments of principal shall be payable on the installment payment dates, and shall be in the amounts, set forth below: 03/31/06 $ 500,000 06/30/06 $ 500,000 09/30/06 $ 500,000 12/31/06 $ 500,000 03/31/07 $ 500,000 06/30/07 $ 500,000 09/30/07 $ 500,000 12/31/07 $ 500,000 03/31/08 $ 750,000 06/30/08 $ 750,000 09/30/08 $ 750,000 12/31/08 $ 750,000 03/31/09 Installment Aggregate Amount Payment Date of Payment ------------ ---------------- 09/30/00 $ 1,250,000 06/30/09 12/31/00 $ 1,250,000 09/30/09 03/31/01 $ 1,250,000 12/31/09 06/30/01 $ 1,250,000 03/31/10 09/30/01 $ 1,250,000 06/30/10 1,500,000 12/31/01 $ 1,250,000 09/30/10 1,500,000 03/31/02 $ 1,250,000 12/31/10 1,500,000 06/30/02 $ 4,250,000 1,500,000 09/30/02 $ 1,750,000 12/31/02 $ 1,750,000 03/31/03 $ 1,750,000 06/30/03 $ 1,750,000 09/30/03 $ 2,000,000 12/31/03 $ 2,000,000 03/31/04 $ 2,000,000 06/30/04 $ 2,000,000 09/30/04 $ 2,250,000 12/31/04 $ 2,250,000 03/31/05 $ 2,250,000 06/30/05 $ 2,250,000 All of the indebtedness evidenced by the each Term Note shall, if not sooner paid, be in any event absolutely and unconditionally due and payable in full by the Borrower to the Lender Banks on the Term Loan Maturity Date.
(c) Revolving Credit Loans that are Base Prime Rate Loans may be voluntarily prepaid at any time, without premium or penalty. Subject to the provisions of Section 2.16, Revolving Loans that are Eurodollar Loans may be voluntarily prepaid at any time, without premium or penalty, upon 3 5 Business Days’ ' prior written notice to the LenderAdministrative Agent and each Bank. Subject to the provisions of Section 2.15, Revolving Credit Loans that are LIBOR Loans may be voluntarily prepaid at any time, without premium or penalty, upon 5 Business Days' prior written notice to the Administrative Agent and each Bank. Any interest accrued on the amounts so prepaid to the date of such payment must be paid at the time of any such payment. No prepayment of the Revolving Credit Loans prior to the Revolving Credit Maturity Date shall affect the Total Commitment or impair the Borrower’s 's right to borrow as set forth in Section 2.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Mac-Gray Corp)
Payments and Prepayments of the Loans. (a) The entire principal of the Revolving Credit Notes shall be absolutely due and payable by the Borrower to the Lender Banks on the Revolving Credit Maturity Date. All of the other Indebtedness evidenced by the Revolving Credit Notes shall, if not sooner paid, also be absolutely due and payable by the Borrower to the Lender Banks on the Revolving Credit Maturity Date.
(b) The entire principal of the Term Note Notes A shall be payable by the Borrower to the Lender Administrative Agent for the account of the Banks in 20 consecutive quarterly installments of principal. Such quarterly installments of principal shall be payable on the installment payment dates, and shall be in the amounts, set forth below: 03/31/06 $ 500,000 06/30/06 $ 500,000 09/30/06 $ 500,000 12/31/06 $ 500,000 03/31/07 $ 500,000 06/30/07 $ 500,000 09/30/07 $ 500,000 12/31/07 $ 500,000 03/31/08 $ 750,000 06/30/08 $ 750,000 09/30/08 $ 750,000 12/31/08 $ 750,000 03/31/09 Installment Aggregate Amount Payment Date of Payment ------------ ---------------- 09/30/00 $ 1,250,000 06/30/09 12/31/00 $ 1,250,000 09/30/09 03/31/01 $ 1,250,000 12/31/09 06/30/01 $ 1,250,000 03/31/10 09/30/01 $ 1,250,000 06/30/10 1,875,000 12/31/01 $ 1,250,000 09/30/10 1,875,000 03/31/02 $ 1,250,000 12/31/10 1,875,000 06/30/02 $ 4,250,000 1,875,000 09/30/02 $ 2,500,000 12/31/02 $ 2,500,000 03/31/03 $ 2,500,000 06/30/03 $ 2,500,000 09/30/03 $ 3,125,000 12/31/03 $ 3,125,000 03/31/04 $ 3,125,000 06/30/04 $ 3,125,000 09/30/04 $ 3,750,000 12/31/04 $ 3,750,000 03/31/05 $ 3,750,000 05/16/05 $ 3,750,000 All of the indebtedness Indebtedness evidenced by the each Term Note A which is outstanding shall, if not sooner paid, be in any event absolutely and unconditionally due and payable in full by the Borrower to the Lender Banks on the Term Loan A Maturity Date.
(c) The entire principal of the Term Notes B shall be payable by the Borrower to the Administrative Agent for the account of the Banks having Term Loan B Commitments in 28 consecutive quarterly installments of principal. Such quarterly installments of principal shall be payable on the installment payment dates, and shall be in the amounts, set forth below: Installment Aggregate Amount Payment Date of Payment ------------ ---------------- 09/30/00 $ 125,000 12/31/00 $ 125,000 03/31/01 $ 125,000 06/30/01 $ 125,000 09/30/01 $ 125,000 12/31/01 $ 125,000 03/31/02 $ 125,000 06/30/02 $ 125,000 09/30/02 $ 125,000 12/31/02 $ 125,000 03/31/03 $ 125,000 06/30/03 $ 125,000 09/30/03 $ 125,000 12/31/03 $ 125,000 03/31/04 $ 125,000 06/30/04 $ 125,000 09/30/04 $ 125,000 12/31/04 $ 125,000 03/31/05 $ 125,000 06/30/05 $ 125,000 09/30/05 $ 5,937,500 12/31/05 $ 5,937,500 03/31/06 $ 5,937,500 06/30/06 $ 5,937,500 09/30/06 $ 5,937,500 12/31/06 $ 5,937,500 03/31/07 $ 5,937,500 05/16/07 $ 5,937,500 All of the Indebtedness evidenced by each Term Note B which is outstanding shall, if not sooner paid, be in any event absolutely and unconditionally due and payable in full by the Borrower to such Banks on the Term Loan B Maturity Date.
(d) Revolving Loans that are Base Prime Rate Loans may be voluntarily prepaid at any time, without premium or penalty. Subject to the provisions of Section 2.16, Revolving Loans that are Eurodollar Loans may be voluntarily prepaid at any time, without premium or penalty, upon 3 5 Business Days’ ' prior written notice to the LenderAdministrative Agent. Subject to the provisions of Section 2.11A, Revolving Loans that are LIBOR Loans may be voluntarily prepaid at any time, without premium or penalty, upon 5 Business Days' prior written notice to the Administrative Agent. Any interest accrued on the amounts so prepaid to the date of such payment must be paid at the time of any such payment. No prepayment of the Revolving Loans prior to the Revolving Credit Maturity Date shall affect the Total Commitment or impair the Borrower’s 's right to borrow as set forth in Section 2.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Wm Acquisition Inc)