Prepayment Compensation. A prepayment of any Loan for any reason (whether voluntary or mandatory) shall in all cases be accompanied by (i) accrued but unpaid interest thereon and (ii) the payment determined in accordance with Section 3.04(c) (Compensation).
Prepayment Compensation. (a) Subject to Section 1.06(b) hereof, Borrower may, without premium or penalty thereon, upon at least one Business Day's prior written notice to Lender in the case of Base Rate Advances, and at least three Business Days prior written notice to Lender in the case of any Eurodollar Advance, prepay the Note in whole at any time or from time to time in part, such prepaid amounts to be delivered to Lender with accrued interest to the date of prepayment on the amount so prepaid; provided that (i) each Eurodollar Advance prepaid on a day other than the last day of the Interest Period for such Advance, must be accompanied by the payment described in Section 1.06(b), and (ii) each partial prepayment shall be in the principal amount equal to the lessor of (x) $100,000 or an integer multiple thereof and (y) the aggregate amount of the outstanding Loans at the time of prepayment.
(b) Borrower shall pay to Lender, upon the request of Lender, such amount or amounts as shall be sufficient to compensate it for any reasonable loss, cost, damages, liabilities or expense incurred as a result of (i) any payment, prepayment or conversion of a Eurodollar Advance on a date other than the last day of an Interest Period for such Advance; or (ii) any failure by Borrower to borrow, convert, or prepay a Eurodollar Advance on the date for such borrowing, conversion, or prepayment, specified in the relevant notice of borrowing, prepayment, or conversion under this Agreement.
Prepayment Compensation. If the Loan is prepaid in whole or in part for any of the reasons referred to in subparagraph (1), the Obligors shall indemnify the relevant Creditors for the damage incurred by them as a result of such prepayment, calculated in accordance with the principles as determined by the German Federal Court of Justice (Bundesgerichtshof).
Prepayment Compensation. If any LIBOR Portion or any portion thereof is prepaid (or as to which the interest rate on such Portion or portion thereof is converted to the Prime Rate) on a date which is other than the last day of the Interest Period applicable thereto, the Borrower shall pay to the Bank prepayment compensation as herein provided. In case of any prepayment, the Borrower agrees that if Adjusted LIBOR, as determined as of 11:00 a.m. London time, two (2) Banking Days prior to the date of prepayment (hereafter, "Prepayment LIBOR") shall be lower than the last Adjusted LIBOR previously determined (hereinafter, "Last LIBOR"), then the Borrower shall, upon written notice by the Bank, promptly pay to the Bank, in immediately available funds, compensation for such prepayment measured by a rate (the "LIBOR Prepayment Compensation Rate") which shall be equal to the difference between the Last LIBOR and the Prepayment LIBOR. In determining the Prepayment LIBOR, the Bank shall apply a rate equal to Adjusted LIBOR for a deposit approximately equal to the amount of such prepayment which would be applicable to an Interest Period commencing on the date of such prepayment and having a duration as nearly equal as practicable to the remaining duration of the actual Interest Period during which such prepayment is to be made. The prepayment compensation shall be computed for the period commencing with the date on which such prepayment is to be made to that date which coincides with the last day of the Interest Period previously established in respect of the portion so prepaid.
Prepayment Compensation. In connection with all prepayments under Section 2.5, Section 2.6, Section 2.10(b) or (d), Section 5.14(c) or otherwise hereunder, if the Primary Tranche A Lender is the Tranche A Lender, the Borrower shall pay to such Primary Tranche A Lender an amount equal to (A) the amount of yield that the Primary Tranche A Lender is required to pay to holders of its Commercial Paper during the Liquidation Period (as defined below) on an amount of Commercial Paper having an aggregate issue price equal to the amount of the Borrower's prepayment less (B) the amount of the estimated investment earnings, as reasonably calculated by the Govco Administrative Agent, on the prepayment amount during the Liquidation Period. "Liquidation Period" means the period from the date on which a prepayment is made to the earliest date on which the Primary Tranche A Lender's total amount of Commercial Paper related to the funding of Tranche A of the Loan can be reduced (without prepayment thereof) by an amount equal to the amount of the Borrower's prepayment.
Prepayment Compensation. Prepayment of the Loan made under Clause 4.2 and 4.3 shall be made together with accrued interest and all other amounts then payable hereunder and, in the event that the relevant prepayment is made other than on the last day of an Interest Period relative to the whole of the Loan, the Borrower shall also pay such additional amounts (if any) as may be necessary to compensate the Bank for any loss, premium and/or cost incurred or to be incurred by it on account of funds borrowed in order to make, fund or maintain the parts of the Loan prepaid as aforesaid from the date of such prepayment to the end of the then current Interest Period applicable thereto as more particularly specified in Clause 10.1 and the certificate of the Bank shall be conclusive and binding on the Borrower as to the extent of any such loss, premium and/or cost incurred by the Bank.
Prepayment Compensation. As a result of the impracticability and difficulty of ascertaining and quantifying actual damages to the Lenders caused by early prepayments of the Term Loan and by mutual agreement of the Administrative Agent, the Lenders and the Loan Parties as to a reasonable approximation of the damages to the Lenders as a result of such early prepayment, all prepayments of the Term Loan that are made pursuant to Section 2.04(a) or Section 2.04(b)(iii), Section 2.04(b)(iv) or Section 2.04(b)(v) shall be accompanied by a compensation payment of (i) the principal amount of such prepayment multiplied by 3.0%, in the case of any such prepayment made on or prior to the date that is 180 days after the Closing Date, (ii) the principal amount of such prepayment multiplied by 2.0%, in the case of any such prepayment made during the period beginning on the date that is 181 days after the Closing Date and ending on the date that is 540 days after the Closing Date, (iii) the principal amount of such prepayment multiplied by 1.0%, in the case of any such prepayment made during the period beginning on the date that is 541 days after the Closing Date and ending on the date that is 900 days after the Closing Date and (iv) no compensation, in the case of any such prepayment made after the date that is 900 days after the Closing Date. Notwithstanding the foregoing, if the unpaid principal amount of the Term Loan and all interest and other amounts in respect thereof shall become due and payable prior to the scheduled maturity of such amounts for any reason under Section 9.02, then the Lenders shall be entitled to the compensation as calculated in Section 2.04(c)(i), (ii) or (iii), as of the date of such amounts become due and payable under Section 9.02. Any prepayment compensation payable pursuant to this Section 2.04(c) shall be presumed to be the amount of damages suffered by the Lenders as a result of the early prepayment of the Term Loan and each Loan Party agrees that it is reasonable under the existing circumstances. All compensation payable pursuant to this Section 2.04(c) shall constitute Obligations.
Prepayment Compensation. The Loan may be pre-paid as provided in the Note. In the event of a prepayment of the Note by Delta or a default in payment of the Note by Delta, Delta shall compensate Xxxxxx-Xxxxxxx as follows:
(a) Prepayment On or Before September 1, 2000. In the event, Delta prepays the Note on or before September 1, 2000 no prepayment compensation shall be paid by Delta.
(b) Prepayment After September 1, 2000 and On or Before June 1, 2001. In the event Delta prepays the Note after September 1, 2000 and on or before June 1, 2001, Delta shall assign to Xxxxxx- Xxxxxxx an oil and gas overriding royalty interest ("ORRI") equal to two and one-half percent (2.5%) of the all of the oil and gas properties acquired by Delta pursuant to the Offshore Agreement (the "Offshore Properties") including those described in Exhibit A to the Offshore Agreement.
(i) The ORRI shall be assigned by the execution and delivery of an assignment of ORRI in the form and content of Exhibit C ("Assignment").
(ii) Delta shall execute and deliver the ORRI on June 1, 2001.
(iii) The effective date of the ORRI shall be December 1, 1999, notwithstanding the date it is executed and delivered.
(c) Prepayment After June 1, 2001 and On or Before June 1, 2002. In the event Delta prepays the Note after June 1, 2001 and on or before June 1, 2002, Delta shall assign to Xxxxxx-Xxxxxxx an ORRI equal to two and one-half percent (2.5%) of all of the Offshore Properties in addition to the ORRI assigned pursuant to the preceding subparagraph (the "Additional ORRI").
(i) The Additional ORRI shall be assigned by the execution and delivery of the Assignment.
(ii) Delta shall execute and deliver the Additional ORRI on June 1, 2001.
(iii) The effective date of the Additional ORRI shall be December 1, 1999, notwithstanding the date it is executed and delivered.
(d) Prepayment After June 1, 2002 and On or Before June 1, 2003. In the event Delta prepays the Note after June 1, 2002 and on or before June 1, 2003, Delta shall, in addition to the ORRI and the Additional ORRI assigned to Xxxxxx-Xxxxxxx assigned to Xxxxxx- Xxxxxxx in accordance with subparagraphs (b) and (c) above, pay Xxxxxx-Xxxxxxx Xxx Xxxxxxx Xxxxx-Xxxxxxxx Xxxxxx Xxxxxx Dollars ($250,000). Delta shall pay the $250,000 on June 1, 2003 in funds immediately available in Tulsa, Oklahoma
(e) Prepayment After June 1, 2003 and On or Before June 1,
Prepayment Compensation. If the Loan is prepaid in whole or in part for any of the reasons referred to in subparagraph (1), the Borrower shall indemnify the relevant Creditors for the damage incurred by them as a result of such prepayment.
Prepayment Compensation. (a) Subject to the other provisions of this Agreement, the Borrower shall, within three (3) Business Days of a request by a Finance Party, pay the Prepayment Compensation to that Finance Party in accordance with Clause 7.3.
(b) Each Lender shall, promptly after a request by the Facility Agent, provide supporting documentation confirming the amount of Prepayment Compensation incurred during the relevant period.
