Common use of Prepayments Generally Clause in Contracts

Prepayments Generally. The Borrower may at any time and from time to time prepay the Loans, in whole or in part, without premium or penalty, upon irrevocable notice delivered to the Administrative Agent no later than 10:00 A.M. three (3) U.S. Government Securities Business Days prior thereto, in the case of SOFR Loans, and no later than 10:00 A.M. one (1) Business Day prior thereto, in the case of ABR Loans, which notice shall specify the date and amount of the proposed prepayment; provided that if a SOFR Loan is prepaid, in whole or in part, on any day other than the last day of the Interest Period applicable thereto, the Borrower shall also pay any amounts owing pursuant to Section 2.21; provided further that if such notice of prepayment indicates that such prepayment is to be funded with the proceeds of a refinancing, such notice of prepayment may be revoked if the financing is not consummated. Upon receipt of any such notice the Administrative Agent shall promptly notify each relevant Lender thereof. If any such notice is given, the amount specified in such notice shall be due and payable on the date specified therein, together with (except in the case of Revolving Loans that are ABR Loans and Swingline Loans) accrued interest to such date on the amount prepaid. Partial prepayments of Term Loans and Revolving Loans shall be in an aggregate principal amount of $1,000,000 or a whole multiple thereof. Partial prepayments of Swingline Loans shall be in an aggregate principal amount of $100,000 or a whole multiple thereof. All optional prepayments shall be applied to either the Revolving Loans or the Term Loans as Borrower shall direct, and if to the Term Loans shall be applied in accordance with Section 2.18(b) and to scheduled principal installments of the foregoing on a pro rata basis to all such remaining installments (unless otherwise agreed to by the Required Lenders); provided that amounts prepaid (i.e., all regularly scheduled amortization installments of the Term Loans) shall remain included as Consolidated Fixed Charges for purposes of calculating the Consolidated Fixed Charge Coverage Ratio and shall be treated as if such prepayments had been applied pro rata to all regularly scheduled amortization installments of the Term Loans.

Prepayments Generally. The Subject to payment of the amounts described in Section 2.11(b) with respect to optional prepayments of Term Loans, the Borrower may at any time and from time to time prepay the Loans, in whole or in part, without premium or penalty, upon irrevocable notice delivered to the Administrative Agent no later than 10:00 A.M. A.M., Pacific time, three (3) U.S. Government Securities Business Days prior thereto, in the case of SOFR Eurodollar Loans, and no later than 10:00 A.M. A.M., Pacific time, one (1) Business Day prior thereto, in the case of ABR Loans, which notice shall specify the date and amount of the proposed prepayment; provided that if a SOFR Eurodollar Loan is prepaid, in whole or in part, prepaid on any day other than the last day of the Interest Period applicable thereto, the Borrower shall also pay any amounts owing pursuant to Section 2.21; provided, however, that the Borrower may elect that the remainder of such prepayments not applied to prepay ABR Loans be deposited in the Collateral Account and applied thereafter to prepay the Eurodollar Loan or Loans with Interest Periods expiring on a date or dates nearest the date of deposit in accordance with this Section 2.10, upon expiration of such Interest Periods; provided further that if such notice of prepayment indicates that such prepayment is to be funded with conditioned on the proceeds occurrence of a refinancingan event, such notice of prepayment may be revoked if the financing is such event does not consummatedoccur. Upon receipt of any such notice the Administrative Agent shall promptly notify each relevant Lender thereof. If any such notice is given, the amount specified in such notice shall be due and payable on the date specified therein, together with (except in the case of Revolving Loans that are ABR Loans and Swingline Loans) accrued interest to such date on the amount prepaid. Partial prepayments of Term Loans and Revolving Loans shall be in an aggregate principal amount of $1,000,000 500,000 or a whole multiple thereof. Partial prepayments of Swingline Loans shall be in an aggregate principal amount of $100,000 or a whole multiple thereof. All optional prepayments shall be applied to either the Revolving Loans or the Term Loans as Borrower shall direct, in excess thereof and if to prepayment of the Term Loans shall be applied in accordance with Section 2.18(b) and to scheduled principal installments of the foregoing on a pro rata basis to all such remaining installments (unless otherwise agreed to by the Required Lenders); provided that amounts prepaid (i.e., all regularly scheduled amortization installments of the Term Loans) shall remain included as Consolidated Fixed Charges for purposes of calculating the Consolidated Fixed Charge Coverage Ratio and shall be treated as if such prepayments had been applied pro rata to all regularly scheduled amortization installments of the Term Loans.

Prepayments Generally. The Borrower may at any time and from time to time prepay the Loans, in whole or in part, without premium or penalty, upon irrevocable notice delivered to the Administrative Agent no later than 10:00 A.M. A.M., Pacific time, three (3) U.S. Government Securities Business Days prior thereto, in the case of SOFR Eurodollar Loans, and no later than 10:00 A.M. A.M., Pacific time, one (1) Business Day prior thereto, in the case of ABR Loans, which notice shall specify the date and amount of the proposed prepayment; provided that if a SOFR Eurodollar Loan is prepaid, in whole or in part, prepaid on any day other than the last day of the Interest Period applicable thereto, the Borrower shall also pay any amounts owing pursuant to Section 2.21; and provided further that if such notice of prepayment indicates that such prepayment is to be funded with the proceeds of a refinancing, such notice of prepayment may be revoked if the financing is not consummated. Upon receipt of any such notice notice, the Administrative Agent shall promptly notify each relevant Lender thereof. If any such notice is given, the amount specified in such notice shall be due and payable on the date specified therein, together with (except in the case of Revolving Loans that are ABR Loans and Swingline Loans) accrued interest to such date on the amount prepaid. Partial prepayments of Term Loans and Revolving Loans shall be in an aggregate principal amount of $1,000,000 200,000 or a whole multiple thereof. Partial prepayments of Swingline Loans shall be in an aggregate principal amount of $100,000 or a whole multiple thereof. All optional prepayments Prepayments of the Term Loans made pursuant to this Section 2.11 shall be applied to either the Revolving Loans or prepayment of installments due in respect of the Term Loans as Borrower shall direct, in reverse order of maturity and if to the Term Loans shall be applied in accordance with Section 2.3 and 2.18(b) and to scheduled principal installments of the foregoing on a pro rata basis to all such remaining installments (unless otherwise agreed to by the Required Lenders); provided that amounts prepaid (i.e., all regularly scheduled amortization installments of the Term Loans) shall remain included as Consolidated Fixed Charges for purposes of calculating the Consolidated Fixed Charge Coverage Ratio and shall be treated as if such prepayments had been applied pro rata to all regularly scheduled amortization installments of the Term Loans.

Prepayments Generally. The Borrower may at any time and from time to time prepay the Loans, in whole or in part, without premium or penalty, upon irrevocable notice delivered to the Administrative Agent no later than 10:00 A.M. A.M., Pacific time, three (3) U.S. Government Securities Business Days prior thereto, in the case of SOFR Eurodollar Loans, and no later than 10:00 A.M. A.M., Pacific time, one (1) Business Day prior thereto, in the case of ABR Loans, which notice shall specify the date and amount of the proposed prepayment; provided that if a SOFR Eurodollar Loan is prepaid, in whole or in part, prepaid on any day other than the last day of the Interest Period applicable thereto, the Borrower shall also pay any amounts owing pursuant to Section 2.21; provided further that if such notice of prepayment indicates that such prepayment is to be funded with the proceeds of a refinancingrefinancing or in connection with the consummation of a specified transaction, such notice of prepayment may be revoked if the financing or specified transaction is not consummated. Upon receipt of any such notice the Administrative Agent shall promptly notify each relevant Lender thereof. If any such notice is givengiven and not revoked, the amount specified in such notice shall be due and payable on the date specified therein, together with (except in the case of Revolving Loans that are ABR Loans and Swingline Loans) accrued interest to such date on the amount prepaid. Partial prepayments of Term Loans and Revolving Loans shall be in an aggregate principal amount of $1,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof. Partial prepayments of Swingline Loans shall be in an aggregate principal amount of $100,000 or a whole multiple thereof. All optional prepayments Prepayments of the Term Loans made pursuant to this Section 2.11 shall be applied to either the Revolving Loans or prepayment of installments due in respect of the Term Loans as Borrower shall direct, in reverse order of maturity and if to the Term Loans shall be applied in accordance with Section 2.3 and 2.18(b) and to scheduled principal installments of the foregoing on a pro rata basis to all such remaining installments (unless otherwise agreed to by the Required Lenders); provided that amounts prepaid (i.e., all regularly scheduled amortization installments of the Term Loans) shall remain included as Consolidated Fixed Charges for purposes of calculating the Consolidated Fixed Charge Coverage Ratio and shall be treated as if such prepayments had been applied pro rata to all regularly scheduled amortization installments of the Term Loans.

Prepayments Generally. The Borrower may at any time (a) (i) Subject to Sections 2.05(d) and from time 2.05(e), deposits into the New Money Loan Proceeds Account, prepayments of the Senior Debt Obligations and cash collateralization of the Refinancing L/C Commitment required to time prepay the Loans, in whole be made pursuant to Section 2.03(a)(i) or in part, without premium or penalty, upon irrevocable notice delivered 2.03(d) shall be paid to the Administrative Intercreditor Agent no later than 10:00 A.M. three (3) U.S. Government Securities Business Days prior thereto, to be applied in the case following order of SOFR Loans, and no later than 10:00 A.M. one (1) Business Day prior thereto, in the case of ABR Loans, which notice shall specify the date and amount of the proposed prepayment; provided that if a SOFR Loan is prepaid, in whole or in partpriority: first, on any day other than occurring prior to the last day earlier to occur of the Interest Period applicable theretosecond drawing of Advances under the New Money Credit Agreement and July 31, 2003, to deposit into the Borrower shall also pay New Money Loan Proceeds Account an aggregate amount (including any such deposits made pursuant to priority first of Section 2.05(a)(ii) or priority second of Section 2.05(a)(iii)) for all such deposits of such Net Cash Proceeds equal to $50,000,000; second, to ratably repay the principal amount of the Senior Debt Obligations then outstanding under the New Money Credit Agreement, together with interest to the date of such payment on the principal amount so repaid and any other amounts owing payable in connection with such payment pursuant to Section 2.212.05(c), until such Senior Debt Obligations have been repaid in full; provided further that if such notice third, to ratably repay the principal amount of prepayment indicates that such prepayment is to be funded with the proceeds of a refinancing, such notice of prepayment may be revoked if Senior Debt Obligations then outstanding under the financing is not consummated. Upon receipt of any such notice the Administrative Agent shall promptly notify each relevant Lender thereof. If any such notice is givenUnsecured Refinancing Loan Facility, the amount specified in such notice shall be due Springdale Tranche C Facility and payable on the date specified thereinAmended B Notes, together with interest to the date of such payment on the principal amount so repaid and any other amounts payable in connection with such payment pursuant to Section 2.05(c), until all Senior Debt Obligations under the Unsecured Refinancing Loan Facility and the Springdale Tranche C Facility have been repaid in full; fourth, to ratably repay the principal amount of the Senior Debt Obligations then outstanding under the Springdale Tranche B Facility and the Amended B Notes (except if any), together with interest to the date of such payment on the principal amount so repaid and any other amounts payable in connection with such payment pursuant to Section 2.05(c), until all Senior Debt Obligations under the Springdale Tranche B Facility have been repaid in full; and fifth, to ratably (A) repay the remaining outstanding principal amount of the Senior Debt Obligations under the Refinancing Credit Agreement and make a deposit into the Cash Collateral Account (Refinancing Lenders) in the case amount set forth below and in the following order of Revolving Loans that are ABR Loans and Swingline Loanspriority: (1) accrued first, to repay all such Senior Debt Obligations, together with interest to the date of such date repayment on the principal amount prepaid. Partial prepayments of Term Loans so repaid and Revolving Loans shall be any other amounts payable in an connection with such payment pursuant to Section 2.05(c), until the aggregate principal amount of $1,000,000 or a whole multiple thereof. Partial prepayments of Swingline Loans shall be in the Senior Debt Obligations outstanding under the Refinancing Credit Agreement following repayment pursuant to this priority first is equal to the Refinancing L/C Commitment, and (2) second, to deposit into the Cash Collateral Account (Refinancing Lenders) an aggregate amount equal to the Refinancing L/C Commitment; (B) repay the remaining outstanding principal amount of $100,000 or a whole multiple thereof. All optional prepayments shall be applied to either the Revolving Loans or Senior Debt Obligations in respect of the Term Loans as Borrower shall directAmended Intercreditor Notes, and if together with interest to the Term Loans shall be applied date of such repayment on the principal amount so repaid, until all such Senior Debt Obligations have been repaid in accordance with Section 2.18(bfull; (C) and to scheduled repay the remaining outstanding principal installments amount of the foregoing Senior Debt Obligations under the Springdale Credit Agreement, together with interest to the date of such payment on a pro rata basis the principal amount so repaid and any other amounts payable in connection with such payment pursuant to Section 2.05(c), until all such remaining installments Senior Debt Obligations have been repaid in full; and (unless otherwise agreed D) repay all outstanding Senior Debt Obligations under any Prepayable Senior Debt Agreement outstanding at such time, together with interest to by the Required Lendersdate of such repayment on the principal amount so prepaid and any other amounts payable in connection with such payment pursuant to Section 2.05(c); provided that amounts prepaid (i.e., until all regularly scheduled amortization installments of the Term Loans) shall remain included as Consolidated Fixed Charges for purposes of calculating the Consolidated Fixed Charge Coverage Ratio and shall be treated as if such prepayments had Senior Debt Obligations have been applied pro rata to all regularly scheduled amortization installments of the Term Loansrepaid in full.

Prepayments Generally. The Borrower Lender may refuse to accept any Prepayment not expressly permitted in this agreement. If a Prepayment is conditioned upon prior notice to Lender, at any time and from time to time prepay the Loansoption of Lender, in whole or in part, without premium or penalty, upon irrevocable (a) that notice delivered to the Administrative Agent no later than 10:00 A.M. three will be irrevocable; (3b) U.S. Government Securities Business Days prior thereto, a Prepayment will be due in the case of SOFR Loans, amount and no later than 10:00 A.M. one (1) Business Day prior thereto, in the case of ABR Loans, which notice shall specify the date and amount of the proposed prepayment; provided that if a SOFR Loan is prepaid, in whole or in part, on any day other than the last day of the Interest Period applicable thereto, the Borrower shall also pay any amounts owing pursuant to Section 2.21; provided further that if such notice of prepayment indicates that such prepayment is to be funded with the proceeds of a refinancing, such notice of prepayment may be revoked if the financing is not consummated. Upon receipt of any such notice the Administrative Agent shall promptly notify each relevant Lender thereof. If any such notice is given, the amount specified in such notice shall be due and payable on the date specified thereinin that notice; and (c) that notice will not affect Borrower's obligation to make all other payments required under the Loan Documents on the date when due. Prepayments of the Term Loan must be accompanied by unpaid accrued interest. Lender may, together with (at its option, condition any Prepayment of a Line of Credit Loan upon payment of all amounts then due under this agreement. Each Prepayment of a portion of the Term Loan or a Line of Credit Loan will be applied to the most remote payment of the principal due under this agreement without affecting the amount or due date of any subsequent payment due under the Term Loan or the Line of Credit Loan. If Lender receives any Prepayment which it is permitted to refuse, Lender may accept the Prepayment; except in that Lender may, as a condition of acceptance, require the case payment of Revolving Loans that are ABR Loans and Swingline Loans) accrued interest to such date which would accrue on the amount prepaid. Partial prepayments of Term Loans and Revolving Loans shall prepaid through the date when Lender would be in an aggregate obligated to accept the Prepayment, or the date the principal amount prepaid would be due under this agreement, whichever is earlier. Notwithstanding that the Obligations are secured by the Collateral in its entirety and provided that there has been no Event of $1,000,000 or a whole multiple thereof. Partial prepayments Default and no material decrease in the value of Swingline Loans shall be the Collateral, Lender will release that portion of the Collateral comprised of the Citrus Gxxxxx upon receipt of immediately available funds in an aggregate principal amount full repayment of $100,000 or a whole multiple thereof. All optional prepayments shall be applied to either the Revolving Loans or all amounts due under the Term Loans as Borrower shall directLoan, and if to will release the Term Loans shall be applied in accordance with Section 2.18(b) and to scheduled principal installments portion of the foregoing on a pro rata basis to all such remaining installments (unless otherwise agreed to by the Required Lenders); provided that amounts prepaid (i.e., all regularly scheduled amortization installments Collateral comprised of the Term Loans) shall remain included as Consolidated Fixed Charges for purposes Cxxxxxx Slough/Hill Grade Tract properties upon receipt of calculating immediately available funds in full repayment of all amounts due and the Consolidated Fixed Charge Coverage Ratio and shall be treated as if such prepayments had been applied pro rata to all regularly scheduled amortization installments termination of the Term LoansLine of Credit.

Prepayments Generally. The Borrower may at any time and from time to time prepay the Loans, in whole or in part, without premium or penalty, upon irrevocable notice delivered to the Administrative Agent no later than 10:00 A.M. A.M., Pacific time, three (3) U.S. Government Securities Business Days prior thereto, in the case of SOFR Eurodollar Loans, and no later than 10:00 A.M. A.M., Pacific time, one (1) Business Day prior thereto, in the case of ABR Loans, which notice shall specify the date and amount of the proposed prepayment; provided that if a SOFR Eurodollar Loan is prepaid, in whole or in part, prepaid on any day other than the last day of the Interest Period applicable thereto, the Borrower shall also pay any amounts owing pursuant to Section 2.21; provided further that if such notice of prepayment indicates that such prepayment is to be funded with the proceeds of a refinancing, such notice of prepayment may be revoked if the financing is not consummated. Upon receipt of any such notice the Administrative Agent shall promptly notify each relevant Lender thereof. If any such notice is given, the amount specified in such notice shall be due and payable on the date specified therein, together with (except in the case of Revolving Loans that are ABR Loans and Swingline Loans) accrued interest to such date on the amount prepaid. Partial prepayments of Term Loans and Revolving Loans shall be in an aggregate principal amount of $1,000,000 or a whole multiple thereofthereof (or such lesser amount outstanding). Partial prepayments of Swingline Loans shall be in an aggregate principal amount of $100,000 or a whole multiple thereofthereof (or such lesser amount outstanding). All optional prepayments Prepayments of the Term Loans made pursuant to this Section 2.11 shall be applied to either the Revolving Loans or prepayment of installments due in respect of the Term Loans as Borrower shall direct, and if to the Term Loans shall be applied in accordance with Section 2.3 and 2.18(b) and to scheduled principal installments of the foregoing ). Amounts prepaid on a pro rata basis to all such remaining installments (unless otherwise agreed to by the Required Lenders); provided that amounts prepaid (i.e., all regularly scheduled amortization installments account of the Term Loans) shall remain included as Consolidated Fixed Charges for purposes of calculating the Consolidated Fixed Charge Coverage Ratio and shall Loans may not be treated as if such prepayments had been applied pro rata to all regularly scheduled amortization installments of the Term Loansreborrowed.

Prepayments Generally. The Borrower may at any time and from time to time prepay the Loans, in whole or in part, without premium or penalty, upon irrevocable notice delivered to the Administrative Agent no later than 10:00 A.M. A.M., Pacific time, three (3) U.S. Government Securities Business Days prior thereto, in the case of SOFR Eurodollar Loans, and no later than 10:00 A.M. A.M., Pacific time, one (1) Business Day prior thereto, in the case of ABR Loans, which notice shall specify the date and amount of the proposed prepayment; provided that if a SOFR Eurodollar Loan is prepaid, in whole or in part, prepaid on any day other than the last day of the Interest Period applicable thereto, the Borrower shall also pay any amounts owing pursuant to Section 2.21; provided further that if such notice of prepayment indicates that such prepayment is to be funded with the proceeds of a refinancingrefinancing or in connection with the consummation of a specified transaction, such notice of prepayment may be revoked if the financing or specified transaction is not consummated. Upon receipt of any such notice the Administrative Agent shall promptly notify each relevant Lender thereof. If any such notice is given, the amount specified in such notice shall be due and payable on the date specified therein, together with (except in the case of Revolving Loans that are ABR Loans and Swingline Loans) accrued interest to such date on the amount prepaid. Partial prepayments of Term Loans and Revolving Loans shall be in an aggregate principal amount of $1,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof. Partial prepayments of Swingline Loans shall be in an aggregate principal amount of $100,000 or a whole multiple thereof. All optional prepayments Prepayments of the Term Loans made pursuant to this Section 2.11 shall be applied to either the Revolving Loans or prepayment of installments due in respect of the Term Loans as Borrower shall direct, in reverse order of maturity and if to the Term Loans shall be applied in accordance with Section 2.3 and 2.18(b) and to scheduled principal installments of the foregoing on a pro rata basis to all such remaining installments (unless otherwise agreed to by the Required Lenders); provided that amounts prepaid (i.e., all regularly scheduled amortization installments of the Term Loans) shall remain included as Consolidated Fixed Charges for purposes of calculating the Consolidated Fixed Charge Coverage Ratio and shall be treated as if such prepayments had been applied pro rata to all regularly scheduled amortization installments of the Term Loans.