Common use of Permitted Prepayment of Term Loans Clause in Contracts

Permitted Prepayment of Term Loans. Borrower shall have the option to prepay all, but not less than all, of the Term Loans advanced by the Lenders under this Agreement, provided Borrower (i) provides written notice to Collateral Agent of its election to prepay the Term Loans at least ten (10) days prior to such prepayment, and (ii) pays to the Lenders on the date of such prepayment, payable to each Lender in accordance with its respective Pro Rata Share, an amount equal to the sum of (A) all outstanding principal of the Term Loans plus accrued and unpaid interest thereon through the prepayment date, (B) the Final Payment, (C) the Prepayment Fee, (D) the Unaccrued Existing Indebtedness Final Payment plus (E) all other Obligations that are due and payable, including Lenders’ Expenses and interest at the Default Rate with respect to any past due amounts. Notwithstanding anything in this Agreement to the contrary, if Borrower refinances the Obligations under this Agreement with another credit facility provided by Lenders to Borrower primarily for such purpose, then the Unaccrued Existing Indebtedness Final Payment otherwise due hereunder shall not be due and payable.

Permitted Prepayment of Term Loans. Borrower shall have the option to prepay all, but not less than all, of the Term Loans advanced by the Lenders under this Agreement, provided Borrower (i) provides written notice to Collateral Agent of its election to prepay the Term Loans at least ten fifteen (1015) days prior to such prepaymentprepayment (or such shorter period as the Collateral Agent may consent to in its reasonable discretion), and (ii) pays to the Lenders on the date of such prepayment, payable to each Lender in accordance with its respective Pro Rata Share, an amount equal to the sum of (A) all outstanding principal of the Term Loans plus accrued and unpaid interest thereon through the prepayment date, (B) the Final Payment, (C) the Prepayment Fee, plus (D) the Unaccrued Existing Indebtedness Final Payment plus (E) all other Obligations that are due and payable, including Lenders’ Expenses and interest at the Default Rate with respect to any past due amounts. Notwithstanding anything Any notice of prepayment provided under this Section 2.2(d) may state that it is conditioned upon the occurrence or non-occurrence of any event specified therein (including the effectiveness of other credit facilities), in this Agreement which case such notice may be revoked or extended by Borrower (by written notice to Collateral Agent on or prior to the contrary, specified prepayment date) if Borrower refinances the Obligations under this Agreement with another credit facility provided by Lenders to Borrower primarily for such purpose, then the Unaccrued Existing Indebtedness Final Payment otherwise due hereunder shall condition is not be due and payablesatisfied.

Permitted Prepayment of Term Loans. Borrower shall have the option to prepay all, but not less than all, of the Term Loans advanced by the Lenders Bank under this Agreement, provided Borrower (i) provides written notice to Collateral Agent Bank of its election to prepay the Term Loans at least ten five (105) days Business Days prior to such prepayment, and (ii) pays to the Lenders Bank on the date of such prepayment, payable to each Lender in accordance with its respective Pro Rata Share, prepayment an amount equal to the sum of (A) all outstanding principal of the Term Loans plus accrued and unpaid interest thereon through the prepayment date, (B) the Final Payment, (C) the Prepayment Fee, plus (D) the Unaccrued Existing Indebtedness Final Payment plus (E) all other Obligations that are due and payablepayable (other than strictly with respect to the Revolving Facility unless the Revolving Facility is also being simultaneously terminated), including Lenders’ Bank’s Expenses and interest at the Default Rate with respect to any past due amounts. Notwithstanding anything in this Agreement herein to the contrary, if Borrower refinances the Obligations no Prepayment Fee shall be due under this Agreement with another credit facility provided Section 2.2(e) if the Borrower is prepaying the Term Loans pursuant to a refinancing by Lenders the Bank of not less than aggregate principal amount of the Term Loans then outstanding; provided, further, that nothing herein is meant to Borrower primarily be construed as an obligation for such purpose, then the Unaccrued Existing Indebtedness Final Payment otherwise due hereunder shall not be due and payableBank to refinance any portion of any of the Loans made hereunder.

Permitted Prepayment of Term Loans. Borrower shall have the option to prepay allprepay, all but not less than all, of the Term Loans C Loan advanced by the Lenders Bank under this Agreement, provided Borrower (i) provides written notice to Collateral Agent Bank of its election to prepay the such Term Loans Loan at least ten (10) days prior to such prepayment, and (ii) pays to the Lenders Bank on the date of such prepayment, payable to each Lender in accordance with its respective Pro Rata Share, prepayment an amount equal to the sum of (A) all outstanding principal of the such Term Loans Loan being prepaid plus accrued and unpaid interest thereon through the prepayment date, (B) the Final Payment, (C) the Prepayment Fee, plus (D) the Unaccrued Existing Indebtedness Final Payment plus (E) all other Obligations that are due and payable, including Lenders’ Bank Expenses and interest at the Default Rate with respect to any past due amounts. Notwithstanding anything in this Agreement herein to the contrary, if the parties agree that on the Third Amendment Date, Borrower refinances shall prepay all of the Obligations under this Agreement outstanding principal amount of Term A Loan and Term B Loan along with another credit facility provided the applicable Final Payment (as such term was defined prior to the Third Amendment Date) and accrued but unpaid interest thereon, but with any Prepayment Fee with respect thereto waived, in accordance with the payoff letter delivered by Lenders Bank to Borrower primarily for with respect to such purpose, then the Unaccrued Existing Indebtedness Final Payment otherwise due hereunder shall not be due and payableprepayment.

Permitted Prepayment of Term Loans. Borrower shall have the option to prepay all, but not less than all, of the outstanding principal balance of the Term Loans advanced by the Lenders under this Agreement, provided Borrower (i) provides written notice to Collateral Agent of its election to prepay the Term Loans at least ten five (105) days Business Days prior to such prepayment, and (ii) pays to the Lenders on the date of such prepayment, payable to each the respective Lender to which such payments are owed in accordance with its their respective Pro Rata ShareShares (except in the case of the Final Fee and the Amendment Fee), an amount equal to the sum of (A) all the outstanding principal of the Term Loans plus accrued and unpaid interest thereon through the prepayment date, (B) the Final PaymentFee paid in accordance with the definition thereof, (C) the Prepayment FeePremium, (D) the Unaccrued Existing Indebtedness Final Payment Amendment Fee paid in accordance with the definition thereof, plus (EDE) all other Obligations that are due and payablepayable on such prepayment date, including any Lenders’ Expenses (to the extent invoiced at least one (1) Business Day prior to such prepayment) and interest at the Default Rate (if any) with respect to any past due amounts. Notwithstanding anything All outstanding Term Loan Commitments shall terminate in this Agreement to connection with a prepayment of the contrary, if Borrower refinances the Obligations under this Agreement with another credit facility provided by Lenders to Borrower primarily for such purpose, then the Unaccrued Existing Indebtedness Final Payment otherwise due hereunder shall not be due and payableTerm Loans.