Prepayment of Note. For so long as no Event of Default shall have occurred and is continuing and the Company is not in receipt of a Notice of Conversion from the Holder of the Note, the Company may, at its option, prepay, in whole or in part, this Convertible Note for a pre-payment price (the "Prepayment Price") equal to (i) 102% of the Principal Amount of the Note, plus all accrued but unpaid interest until the first anniversary of the date of this Convertible Note; and (ii) 101% of the Principal Amount of the Note, plus all accrued and unpaid interest on any day following the first anniversary of this Convertible Note. Any partial prepayment of the Convertible Note, at any time after issuance, shall be credited to the principal amount of the Convertible Note equal to such partial prepayment amount. The Company shall not be entitled to send any notice of prepayment and begin the prepayment procedure unless it has (i) the appropriate Prepayment Price, in cash, available in a demand or other immediately available account in a bank or similar financial institution or (ii) immediately available credit facilities, in the amount of the appropriate Prepayment Price, with a bank or similar financial institution on the date the prepayment notice is sent to the Holders of this Convertible Note. Provided, however, the Company will process any Notice of Conversion received prior to the issuance of a notice of prepayment; and further provided that, after a notice of prepayment has been issued, the Holder may issue a Notice of Conversion which will not be honored unless the Company fails to make the prepayment payment when due. In the event of such failure, the Notice of Conversion will be honored as of the date of the Notice of Conversion
Prepayment of Note. The Company shall have the right to prepay the indebtedness created herein at any time prior to the Maturity Date without penalty. Notice of prepayment is hereby waived by Payee.
Prepayment of Note. The Company may prepay, without penalty or premium, the outstanding principal amount of this Note in whole or in part at any time and from time to time.
Prepayment of Note. This Note may be prepaid in whole or in part at any time without penalty or premium.
Prepayment of Note. Upon five days prior written notice to Holder (the “Prepayment Notice”), the Company may prepay this Note in whole or in part; provided that any such prepayment will be applied first to the payment of expenses due under this Note, second to interest accrued on this Note and third, if the amount of prepayment exceeds the amount of all such expenses and accrued interest, to the payment of principal of this Note. In the event that the Holder desires to avoid prepayment of the Note by the Company, the Holder must within five days of its receipt of the Prepayment Notice deliver to the Company the Conversion Notice pursuant to Section 3(c)(iii) electing to convert this Note, in which case this Note will not be prepaid as provided in the Prepayment Notice and will instead be converted into shares of Series E Preferred Stock of the Company in accordance with Section 3 of this Note.
Prepayment of Note. (a) The Note shall be prepaid in whole or in part, in the principal amount equal to any insurance or condemnation proceeds received by the Bank not used for repair or replacement or applied to other amounts secured by the Mortgage, plus accrued interest thereon to the date of prepayment, plus premium, if any, upon no less than five Business Days written notice to all parties of the determination of the Bank or the Borrower, as set forth in the Mortgage or Loan Agreement, if applicable, that all or part of such insurance or condemnation proceeds will not be used to repair or replace the Facilities (or to reimburse the Borrower therefor) or applied to other amounts secured by the Mortgage.
(b) The Note, upon no less than five days written notice to the Bank and the Issuer, shall be prepaid in part, in accordance with its terms, at a price equal to the principal amount sufficient to achieve an outstanding principal Loan balance, which satisfies the Conditions to Conversion, plus accrued interest thereon to the date fixed for prepayment.
(c) The Note shall be prepaid in whole or in part, in accordance with its terms, at a price equal to the principal amount of the Note to be prepaid plus premium, if any (determined in accordance with the Note, Mortgage, or Loan Agreement, as applicable), and accrued interest to the date fixed for such prepayment, upon no less than 30 days’ prior written notice to the Issuer and the Bank, as follows: (i) on any day permitted under the terms of the Note, if the Borrower in its sole discretion and to the extent permitted by the Note, the Mortgage or the Loan Agreement, if applicable, shall choose to prepay all or a portion of the Note; or (ii) concurrently with the Transfer, if the Borrower shall Transfer all or a portion of the Facilities pursuant to Section 5.03(b) hereof.
(d) In the event of a partial prepayment of the Note, the principal amount of the Borrower’s obligation under the Note shall be reduced by the principal amount of the Note prepaid, and such prepayment shall correspondingly reduce the principal balance of the Bonds, provided, however, the payments of interest and principal shall not be re-amortized.
(e) Notwithstanding anything in this Agreement to the contrary, to the extent the Loan Agreement and/or the Note provides for the payment of a prepayment fee or penalty in connection with any prepayment of the Note, the Borrower shall be obligated hereunder to pay such prepayment fee or penalty in the amount provid...
Prepayment of Note. (a) Prior to the Maturity Date, the Company shall provide the holder with a notice that a prepayment event has occurred (the "Prepayment Notice"). The holder shall have thirty (30) days from the date of the Prepayment Notice to elect (i) to take prepayment of the principal amount of the Note and any accrued but unpaid interest in whole without premium or penalty or (ii) to convert in accordance with Section 4 hereof.
(b) Notwithstanding anything to the contrary set forth in Section 3(a) hereof, subject at all times to the holder's right to convert all or any portion of this Note into Common Stock pursuant to Section 4 hereof, the principal amount of this Note and any accrued and unpaid interest may be prepaid, at the option of the Company, in whole or in part, without premium or penalty, at any time or from time to time from and after that date which shall be the earlier to occur of (i) the Maturity Date or (ii) the date on which the Company shall register for resale pursuant to the Securities Act of 1933, as amended (the "Act") all "Conversion Shares" (as herein defined) issuable upon conversion of the entire principal amount of this Note, pursuant to a Registration Statement on the appropriate registration form declared effective by the Securities and Exchange Commission (the "SEC"). If either event set forth in this Section 3(b) shall occur, the Company shall provide the holder with a Prepayment Notice.
Prepayment of Note. At any time, or from time to time, the Company may, at its option, prepay all or any part (in an integral multiple of $1,000,000 or such lesser amount as shall then be outstanding) of this Note.
Prepayment of Note. Maker may prepay this Note to Holder, provided that any prepayment must be in full and not in part. Prepayment shall not, however, release Maker from the requirements of CC&Rs, the Resale Restriction Agreement, the Equity Share Note, the Capital Recovery Note, or the other provisions of the Agreement. In addition, prepayment shall be treated in the same manner as a refinancing of the Site.
Prepayment of Note. No prepayment of the Note may be made except to the extent and in the manner expressly permitted by this Section 2.12.
(a) Required Prepayment without Make-Whole Amount in the Event of Casualty or Condemnation. In the event of a casualty or condemnation of all or a portion of the Mortgaged Property which results in a termination of the Lease, the Company shall prepay the Note in whole, but not in part, by payment of the principal amount of the Note then outstanding, together with accrued interest thereon to the date of such prepayment, which prepayment shall be made taking into account the proceeds paid under any insurance policies carried pursuant to this Mortgage, but without any Make-Whole Amount.
