Permitted Prepayment of Term Loan Advances. Borrower shall have the option to prepay all, but not less than all, of the Term Loan Advances advanced by Bank under this Agreement, provided Borrower (i) provides written notice to Bank of its election to prepay the Term Loan Advances at least ten (10) days prior to such prepayment, and (ii) pays, on the date of such prepayment (A) all outstanding principal plus accrued and unpaid interest, (B) the applicable Prepayment Premium (if any), and (C) all other sums, if any, that shall have become due and payable, including interest at the Default Rate with respect to any past due amounts.
Permitted Prepayment of Term Loan Advances. So long as no Event of Default has occurred and is continuing, Borrower shall have the option to prepay all, but not less than all, of any Term Loan Advance, at any time, provided Borrower (i) delivers written notice to Bank of its election to prepay such Term Loan Advance at least five (5) days prior to such prepayment, and (ii) pays, on the date of such prepayment (A) all outstanding principal plus accrued and unpaid interest on such Term Loan Advance, (B) the Term Loan Prepayment Premium for each Term Loan Advance, and (C) all other sums, if any, that shall have become due and payable hereunder, including interest at the Default Rate with respect to any past due amounts.” 2 The Loan Agreement shall be amended by deleting the following text, appearing in Section 2.3 thereof:
Permitted Prepayment of Term Loan Advances. Borrower shall have the right at any time and from time to time to prepay. without penalty or premium, all outstanding Obligations with respect to each Term Loan Advance, including, without limitation, any Bank Expenses due and payable hereunder with respect to such Term Loan Advance.
Permitted Prepayment of Term Loan Advances. Borrower shall have the option to prepay all, but not less than all, the Term Loan Advances advanced by Bank under this Agreement, provided Borrower (i) provides written notice to Bank of its election to prepay the Term Loan Advances at least ten (10) days prior to such prepayment, and (ii) pays, on the date of such prepayment (A) all outstanding principal plus accrued and unpaid
Permitted Prepayment of Term Loan Advances. Borrower shall have the option to prepay all, but not less than all, of the Term Loan Advances advanced by Bank under this Agreement, provided Borrower (i) provides written notice to Bank of its election to prepay the Term Loan Advances at least ten (10) days prior to such prepayment, and (ii) pays, on the date of such prepayment (A) all outstanding principal plus accrued and unpaid interest with respect to the Term Loan Advances (including the Term Loan PIK Amount), (B) the Final Payment, (C) the Prepayment Premium, if applicable, plus (D) all other sums, if any, that shall have become due and payable with respect to the Term Loan Advances (including the Term Loan PIK Amount), including interest at the Default Rate with respect to any past due amounts.
Permitted Prepayment of Term Loan Advances. Borrower shall have the option to prepay all, but not less than all, of each Term Loan Advance advanced by Bank under this Agreement, provided Borrower (i) provides written notice to Bank of its election to prepay such Term Loan Advance at least thirty (30) days prior to such prepayment, and (ii) pays, on the date of such prepayment (A) all outstanding principal plus accrued and unpaid interest with respect to such Term Loan Advance, (B) the Final Payment with respect to such Term Loan Advance, (C) the Prepayment Premium with respect to such Term Loan Advance, plus (D) all other sums, if any, that shall have become due and payable, including interest at the Default Rate with respect to any past due amounts.
Permitted Prepayment of Term Loan Advances. Borrower shall have the option to prepay all or a portion (but not less than increments of One Million Dollars ($1,000,000.00) of the Term Loan Advances advanced by Bank under this Agreement, provided Borrower (i) provides written notice to Bank of its election to prepay all or a portion of the Term Loan Advances at least ten (10) days prior to such prepayment, and (ii) pays, on the date of such prepayment (A) the principal amount of the Term Loan Advances being prepaid plus accrued and unpaid interest thereon, (B) the Final Payment (which, for a prepayment of less than the full outstanding principal balance of the Term Loan Advances, shall be equal to the percentage set forth in the definition of Final Payment of the amount that is prepaid), (C) the Prepayment Premium (which, for a prepayment of less than the full outstanding principal balance of the Term Loan Advances, shall be equal to the percentage set forth in the definition of Prepayment Premium of the amount that is prepaid), (D) the 2018 Prepayment Premium, plus (E) all other sums, if any, that shall have become due and payable, including interest at the Default Rate with respect to any past due amounts.”
2. Section 2.1.1(e)
Permitted Prepayment of Term Loan Advances. (i) Prior to the first (1st) anniversary of the 2014 Effective Date, upon at least three (3) Business Days prior written notice to Bank, Borrower shall have the option to prepay, (1) up to Twelve Million Five Hundred Thousand ($12,500,000) of the 2014 Term Loan Advance without any penalty or premium (including the Prepayment Premium), provided (A) Borrower pays, on the date of such prepayment (x) all accrued and unpaid interest with respect to the amount of the 2014 Term Loan Advance being prepaid plus (y) all other sums, if any, that shall have become due and payable with respect to the amount of the 2014 Term Loan Advance being prepaid, including interest at the Default Rate with respect to any past due amounts, and (B) such prepayment is not made in connection with a refinance of all or any portion of the 2014 Term Loan Advance, or the occurrence of a Liquidity Event and (2) thereafter, the remaining amount of the 2014 Term Loan Advance, as reduced by any amounts prepaid or repaid pursuant to this Agreement (including Section 2.1.2(b), Section 2.1.2(d)(i)(1) or Section 2.2), provided Borrower pays, on the date of such prepayment (A) all outstanding principal plus accrued and unpaid interest with respect to the amount of the 2014 Term Loan Advance being prepaid, (B) the Prepayment Premium, plus (C) all other sums, if any, that shall have become due and payable with respect to the amount of the 2014 Term Loan Advance being prepaid, including interest at the Default Rate with respect to any past due amounts.
(ii) On or after the first (1st) anniversary of the 2014 Effective Date, upon at least three (3) Business Days prior written notice to Bank, Borrower shall have the option to prepay all, or a portion of, the 2014 Term Loan Advance advanced by Bank under this Agreement without any penalty or premium, including any Prepayment Premium, provided Borrower pays, on the date of such prepayment (A) all accrued and unpaid interest with respect to the amount of the 2014 Term Loan Advance being prepaid plus (B) all other sums, if any, that shall have become due and payable with respect to the amount of the 2014 Term Loan Advance being prepaid, including interest at the Default Rate with respect to any past due amounts.
Permitted Prepayment of Term Loan Advances. Borrower shall have the option to prepay any or all of the Term Loan Advances at any time without penalty or premium.
Permitted Prepayment of Term Loan Advances. Borrower shall have the option to prepay all, but not less than all, of the Term Loan Advances advanced by Bank under this Agreement, provided Borrower (i) provides written notice (which notice may be conditioned upon the consummation of a refinancing or other transaction and may be revoked by Borrower if such condition has not or will not occur on the proposed termination date) to Bank of its election to prepay the Term Loan Advances at least five (5) Business Days prior to such prepayment, and (ii) pays, on the date of such prepayment (A) all outstanding principal plus accrued and unpaid interest, (B) the applicable Prepayment Premium, (C) the Final Payment, plus (D) all other sums, if any, that shall have become due and payable, including interest at the Default Rate with respect to any past due amounts.
