Permitted Prepayment of Loans. Borrower shall have the option to prepay all or a portion of the Term Loans advanced by the Lenders under this Agreement; provided, however, that Borrower (i) provides written notice to Agent of its election to prepay the Term Loans or a portion thereof at least five (5) Business Days prior to such prepayment, and (ii) (x) in the case of prepayment of the aggregate outstanding principal amount of any or all Term Loans, pays each Lender, on the date of such prepayment, an amount equal to the sum of: (A) all outstanding principal of such Term Loans and all other Obligations owed by Borrower to such Lender, and all accrued and unpaid interest thereon (calculated with respect to each Lender and the Term Loans owing to such Lender as set forth in Section 2.3), plus (B) the Final Payment with respect to the Term Loans owing to such Lender, plus (C) the Prepayment Premium with respect to the Term Loans owing to such Lender, plus (D) all other sums that shall have become due and payable to such Lender, including Lenders’ Expenses, and (y) in the case of prepayment of a portion of any Term Loan, pays to each Lender, on the date of such prepayment, an amount equal to the sum of: (A) the outstanding principal of such Term Loan prepaid to such Lender, and all accrued and unpaid interest thereon, plus (B) the Partial Final Payment with respect to the amount of such Term Loan prepaid, plus (C) the Prepayment Premium with respect to the amount of such Term Loan prepaid, plus (D) all other sums that shall have become due and payable to such Lender, including Lenders’ Expenses.
Appears in 2 contracts
Samples: Loan and Security Agreement (Chimerix Inc), Loan and Security Agreement (Chimerix Inc)
Permitted Prepayment of Loans. Borrower shall have the option to prepay all or a portion of the Term Loans advanced by the Lenders under this Agreement; , in whole or in part, provided, however, that Borrower (i) provides written notice to Agent of its election to prepay a portion or the entire amount of Term Loans or a portion thereof at least five fifteen (515) Business Days days prior to such prepayment, and (ii) (xX) in the case of a prepayment of the aggregate outstanding principal entire amount of any or all Term Loans, pays to Agent, for payment to each LenderLender in accordance with its respective Pro Rata Share, on the date of such prepayment, prepayment an amount equal to the sum of: (A) all outstanding principal of such the Term Loans and all other Obligations owed by Borrower to such LenderObligations, and all accrued and unpaid interest thereon (calculated with respect to each Lender and the Term Loans owing to such Lender as set forth in Section 2.3), thereon. plus (B) the Final Payment with respect to the Term Loans owing to such LenderPayment, plus (C) the Prepayment Premium with respect to the Term Loans owing to such LenderFee, plus (D) all other sums that shall have become due and payable to such Lenderpayable, including Lenders’ Expenses, Expenses and (y) in the case of a prepayment of a portion of any the Term LoanLoans, pays to each LenderLender in accordance with its respective Pro Rata Share, on the date of such prepayment, prepayment an amount equal to the sum of: (A) the amount of the outstanding principal of such the Term Loan Loans prepaid to such Lender, and all accrued and unpaid interest thereon, plus (B) the Partial Final Payment with respect to the amount of such Term Loan prepaidPayment, plus (C) the Partial Prepayment Premium with respect to the amount of such Term Loan prepaidFee, plus (D) all other sums that shall have become due and payable to such Lenderpayable, including Lenders’ Expenses.”
Appears in 2 contracts
Samples: Loan and Security Agreement (Regado Biosciences Inc), Loan and Security Agreement (Regado Biosciences Inc)