Prepayment Consideration Due. If the Maturity Date shall be accelerated to a date prior to the Scheduled Maturity Date, or if any prepayment of all or any portion of the Principal Indebtedness hereunder occurs, whether in connection with Lender’s acceleration of the unpaid Principal Indebtedness of the Loan or in any other circumstances whatsoever, or if the Mortgage is satisfied or released by foreclosure (whether by power of sale or judicial proceeding), deed in lieu of foreclosure or by any other means, then the Prepayment Consideration shall become immediately due and owing and Borrower shall forthwith pay the Prepayment Consideration to Lender. The foregoing shall not create any right of prepayment. Borrower shall have no right whatsoever to prepay all or any portion of the Principal Indebtedness of the Note, except as set forth in Section 2.6(a) above.
Prepayment Consideration Due. If any prepayment of all or any portion of the Loan shall occur prior to May 1 2009, on account of acceleration of the Loan (whether or not due to an Event of Default), or otherwise, then except only as expressly provided in this Loan Agreement or the other Loan Documents to the contrary, the Borrowers shall pay the Prepayment Consideration on the amount prepaid to Lender together with such prepayment, as liquidated damages and compensation for costs incurred, and in addition to all other amounts due and owing to Lender. Notwithstanding the foregoing, no Prepayment Consideration will be due as to a prepayment of the Loan in connection with (i) application of insurance or condemnation proceeds required by Lender pursuant to this Loan Agreement or the Mortgages in the absence of an Event of Default, (ii) Scheduled Mortgage Principal Payments. The foregoing designation of any amount of Prepayment Consideration in this Agreement shall not create a right to prepay at any time or in any circumstances where this Agreement does not expressly state that such a right exists.
Prepayment Consideration Due. If any prepayment of all or any portion of the Loan shall occur on account of acceleration of the Loan (whether or not due to an Event of Default), or otherwise, then except only as expressly provided in this Loan Agreement or the other Loan Documents to the contrary, the Borrowers shall pay the Prepayment Consideration on the amount prepaid to Lender together with such prepayment, as liquidated damages and compensation for costs incurred, and in addition to all other amounts due and owing to Lender. Notwithstanding the foregoing, no Prepayment Consideration will be due as to a prepayment of the Loan in connection with (i) application of insurance or condemnation proceeds required by Lender pursuant to this Agreement in the absence of an Event of Default, (ii) amortization payments made in accordance with Section 2.4(A), (iii) in connection with the first $36,324,903.12 of prepayments made in connection with one or more Property Releases and Collateral Releases (it being agreed that the Prepayment Consideration will be due with respect to all, or any portion of, a prepayment made in connection with a Property Release and Collateral Release after the point that the aggregate amount of all prepayments made in connection with Property Releases and Collateral Releases (other than Collateral Releases effectuated pursuant to Section 5.5(B)) exceeds $36,324,903.12),(iv) in connection with the Reserve Principal Payment, or (v) upon prepayment of the Loan in full, on any date on or after the Payment Date occurring in October 2004, through the Scheduled Maturity Date (provided the amount of interest that would have accrued on the amount being prepaid from and including the date of such prepayment through the following Payment Date shall be payable with such prepayment). The foregoing designation of any amount of Prepayment Consideration in this Agreement shall not create a right to prepay at any time or in any circumstances where this Agreement does not expressly state that such a right exists. "PREPAYMENT CONSIDERATION" shall mean an amount equal to (i) prior to the Payment Date in December 2003, three percent (3%) of the Loan balance at the time of prepayment, and (ii) on and after the Payment Date in December 2003, but prior to the Payment Date in May 2004, two percent (2%) of the Loan balance at the time of prepayment, and (iii) thereafter through the Scheduled Maturity Date one percent (1%) of the Loan balance at the time of prepayment.
Prepayment Consideration Due. If the Maturity Date shall be accelerated to a date prior to the Scheduled Maturity Date, or if any prepayment of all or any portion of the Principal Indebtedness hereunder occurs, whether in connection with Lender’s acceleration of the unpaid Principal Indebtedness of the Loan or in any other circumstances whatsoever (other than (1) pursuant to and in accordance with Section 2.6(a) above, (2) as a result of an application by Lender of Loss Proceeds pursuant to this Agreement or the Mortgage in the absence of an Event of Default, or (3) pursuant to and in accordance with Section 2.5(e)(3)(a) above), or if the Mortgage is satisfied or released by foreclosure (whether by power of sale or judicial proceeding), deed in lieu of foreclosure or by any other means, then the Prepayment Consideration shall become immediately due and owing and Borrower shall forthwith pay the Prepayment Consideration to Lender. The foregoing shall not create any right of prepayment. Borrower shall have no right whatsoever to prepay all or any portion of the Principal Indebtedness of the Note, except as set forth in Section 2.6(a) above.
Prepayment Consideration Due. If any prepayment of all or any portion of the Loan shall occur on account of acceleration of the Loan (whether or not due to an Event of Default), or otherwise, then except only as expressly provided in this Loan Agreement or the other Loan Documents to the contrary, the Borrowers shall pay the Prepayment Consideration on the amount prepaid to Lender together with such prepayment, as liquidated damages and compensation for costs incurred, and in addition to all other amounts due and owing to Lender. Notwithstanding the foregoing, no Prepayment Consideration will be due as to a prepayment of the Loan in connection with (i) application of insurance or condemnation proceeds required by Lender pursuant to this Loan Agreement or the Mortgages in the absence of an Event of Default, (ii) Scheduled Mortgage Principal Payments, (iii) in connection with prepayments made in connection with any Release of a Sales Property (it being agreed that the Prepayment Consideration will be due with respect to all other Releases (other than Releases effectuated pursuant to Section 5.5(E)), or (iv) upon prepayment of the Loan in full or in part during any Extension Term (provided the amount of interest that would have accrued on the amount being prepaid from and including the date of such prepayment through the end of the current Interest Accrual Period shall be payable with such prepayment). The foregoing designation of any amount of Prepayment Consideration in this Agreement shall not create a right to prepay at any time or in any circumstances where this Agreement does not expressly state that such a right exists.
Prepayment Consideration Due. If the Maturity Date shall be accelerated to a date prior to the First Open Payment Date, or if any prepayment of all or any portion of the Principal Balance hereunder occurs, whether in connection with Lender’s acceleration of the unpaid Principal Balance of the Loan or in any other circumstances whatsoever (except that Borrowers shall not be required to pay any Prepayment Consideration with respect to an application of insurance proceeds or condemnation awards by Lender pursuant to the Loan Agreement or Mortgages in the absence of an Event of Default), or if the Mortgages are satisfied or released by foreclosure (whether by power of sale or judicial proceeding), deed in lieu of foreclosure or by any other means, then the Prepayment Consideration shall become immediately due and owing and Borrowers shall forthwith pay the Prepayment Consideration to Lender. The foregoing shall not create any right of prepayment. Borrowers shall have no right whatsoever to prepay all or any portion of the principal balance of the Note, except as set forth in Section 2.6(A).
Prepayment Consideration Due. If any prepayment of all or any portion of the Loan shall occur prior to August 1, 2010, whether such prepayment is voluntary, involuntary, on account of acceleration of the Loan (whether or not due to an Event of Default), or otherwise, then except only as expressly provided herein to the contrary, the Borrowers shall be required to pay the Prepayment Consideration to Lender together with such prepayment, as liquidated damages and compensation for costs incurred, and in addition to all other amounts due and owing to Lender. Notwithstanding the foregoing, no Prepayment Consideration will be due as to a prepayment of insurance or condemnation proceeds required by Lender pursuant to this Loan Agreement or the Mortgages in the absence of an Event of Default. The foregoing designation of any amount of Prepayment Consideration in this Agreement shall not create a right to prepay at any time or in any circumstances where this Agreement does not expressly state that such a right exists.
Prepayment Consideration Due. If any prepayment of all or any portion ---------------------------- of the Loan shall occur prior to the first (1/st/) anniversary of the First Payment Date, whether voluntarily, on account of acceleration of the Loan due to an Event of Default, or otherwise, then except only as expressly provided herein to the contrary, Borrower shall be required to pay the Prepayment Consideration to Lender together with such prepayment, as liquidated damages and compensation for costs incurred, and in addition to all other amounts due and owing to Lender. Notwithstanding the foregoing, no Prepayment Consideration will be due in connection with any principal prepayment resulting from the application to the Obligations of (i) insurance or condemnation proceeds required by Lender pursuant to this Loan Agreement or the Mortgages or (ii) any funds in the Cash Flow Sweep Sub-Account pursuant to Section 3.3 of the Cash Management Agreement, in any case provided that no Event of Default exists. The foregoing designation of any amount of Prepayment Consideration in this Loan Agreement shall not create a right to prepay at any time or in any circumstances where this Loan Agreement does not expressly state that such a right exists.
Prepayment Consideration Due. If the Fixed Rate Maturity Date shall be accelerated, or if any prepayment of all or any portion of the Fixed Rate Component of the Principal Indebtedness hereunder occurs, whether in connection with Lender’s acceleration of the unpaid Principal Indebtedness of the Loan or in any other circumstances whatsoever, or if the Mortgage is satisfied or released by foreclosure (whether by power of sale or judicial proceeding), deed in lieu of foreclosure or by any other means, then the Prepayment Fee shall become immediately due and owing and Borrower shall forthwith pay the Prepayment Fee to Lender. The foregoing shall not create any right of prepayment. Borrower shall have no right whatsoever to prepay all or any portion of the Principal Indebtedness of the Note, except as set forth in this Section 2.6 and in Section 2.7. Borrower agrees that the Prepayment Fee required hereunder is reasonable. Borrower has given individual weight to the consideration in this transaction for this waiver and agreement.
