Prepayment. (a) Provided no Event of Default has occurred and is continuing, Borrower may voluntarily prepay the Indebtedness in full and not in part (i) only on or prior to the day that is two (2) years after the Start-Up Day, and such prepayment shall be subject to payment of Prepayment Premium, and (ii) only on or after the date which is sixty (60) days prior to the Maturity Date and there shall be no Prepayment Premium or penalty assessed against Borrower by reason of such prepayment; provided, however, that Borrower shall give to Lender at least fifteen (15) days prior written notice of any such prepayment. Any prepayment of the Loan shall be made on a Payment Date, and if any such prepayment is not made on a Payment Date, Borrower shall also pay to Lender interest calculated at the Interest Rate that would have accrued on such prepaid Principal Indebtedness through the end of the Interest Accrual Period in which such prepayment occurs. Notwithstanding the foregoing, Permitted Transfers, defeasance in accordance with Section 2.10 and Property Substitutions in accordance with Section 2.14 are not prepayments.
(b) Subject to Section 8.40, at any time during the term of the Loan, if any Borrower is required by Lender under the provisions of any Mortgage to prepay the Loan or any portion thereof in the event of damage to or destruction of, or a Taking of any Individual Property, such Borrower shall pay any Insurance Proceeds or Condemnation proceeds in the following manner and order of priority (i) first, to prepay the Loan to the full extent of the Insurance Proceeds or the Condemnation Proceeds, as applicable, to the extent of the Allocated Loan Amount for the applicable Individual Property, and (ii) to the Borrowers.
(c) All prepayments of the Indebtedness made pursuant to this Section shall be applied by Lender in accordance with the provisions of Section 2.7 hereof.
(d) No Borrower shall be permitted at any time to prepay all or any part of the Loan except as expressly provided in this Section.
Prepayment. Prepayment of the Notes to be prepaid pursuant to this Section 8.7 shall be at 100% of the principal amount of such Notes, together with accrued and unpaid interest on such Notes accrued to the date of prepayment but without any Make-Whole Amount. The prepayment shall be made on the Change in Control Proposed Prepayment Date, except as provided by Section 8.7(f).
Prepayment. At any time, without notice to Purchaser, may pay to Purchaser any amount in excess of the payments required by sections 2.1 and 2.2.
Prepayment. Except as otherwise set forth in this Debenture, the Company may not prepay any portion of the principal amount of this Debenture without the prior written consent of the Holder.
Prepayment. Each Receivable allows for prepayment without penalty.
Prepayment. Except as otherwise provided in Section 8, the Company may prepay all or any part of the principal of this Note at any time or from time to time without premium, or penalty of any kind whatsoever. In the event that the Company prepays less than the entire outstanding principal amount of the Note, the Company shall deliver to the holder hereof upon such prepayment a replacement Note representing the remaining outstanding principal thereof.
Prepayment. Each Receivable provides that a prepayment by the related Obligor will fully pay the principal balance and accrued interest through the date of prepayment based on such Receivable’s Annual Percentage Rate.
Prepayment. Borrower shall have the right at any time and from time to time to repay any Swingline Loan, in whole or in part, upon giving written notice to the Swingline Lender and the Administrative Agent before 12:00 (noon), New York City time, on the proposed date of repayment.
Prepayment. The Company may, at its option, pre-pay at any time all but not less than all of this Note for an amount equal to (a) 100% of the outstanding principal balance under this Note at such time of prepayment plus all accrued but unpaid interest thereon (the “Base Prepayment Amount”) plus (b) (i) if such prepayment occurs on or before the 18 month anniversary of the Issuance Date, an amount equal to 10% of the Base Prepayment Amount or (ii) if such prepayment occurs at any time after the 18 month anniversary of the Issuance Date, an amount equal to 5% of the Base Prepayment Amount (the additional amount under clause (b) being referred to as the “Additional Prepayment Amount”). Any prepayment shall be made pro rata to all holders of Notes based on the then outstanding principal amount of each Note in relation to the then outstanding aggregate principal amount of all Notes. The Base Prepayment Amount shall be paid in cash and the Additional Prepayment Amount shall be paid in Common Shares provided that the Equity Conditions are satisfied (or waived by the Holder), or, at the Company’s option, following notice to the Holder, in cash or in a combination of cash and Common Shares. The Company shall deliver written notice of prepayment to the Holder thirty (30) Trading Days prior to the date set by the Company for prepayment (the “Prepayment Date”), which Prepayment Date may not be during the period commencing twenty-five (25) Trading Days prior to any Installment Date. Such written notice of prepayment shall (i) either (A) confirm that the Additional Prepayment Amount shall be paid entirely in Common Shares or (B) elect to pay the Additional Prepayment Amount in cash or as a combination of cash and Common Share and specify the portion of the Additional Prepayment Amount that will be paid in Common Shares and the portion of the Additional Prepayment Amount that will be paid in cash and (ii) if applicable, certify that the Equity Conditions are satisfied. Such written notice shall be irrevocable upon delivery to the Holder. To the extent that any portion of the Additional Prepayment Amount will be paid in Common Shares, twenty one (21) Trading Days prior to the Prepayment Date (the “Prepayment Advance Date”), the Company shall advance to the Holder a number of Common Shares determined by dividing (x) that portion of the Additional Prepayment Amount to be paid in Common Shares by (y) 91.75% of the average Daily VWAP for the five (5) Trading Days immediately preceding th...
Prepayment. Borrower may prepay principal on the Term Loan solely in accordance with the provisions of the Term Note.
