Prepayments of Certain Indebtedness. The Borrower shall not, directly or indirectly, voluntarily purchase, redeem, defease or prepay any principal of, premium, if any, interest or other amount payable in respect of any Indebtedness prior to its scheduled maturity, other than the Obligations.
Prepayments of Certain Indebtedness. No Credit Party shall, nor shall it permit any of its Affiliates to, directly or indirectly, purchase, redeem, defease or prepay any principal of, premium, if any, interest or other amount payable in respect of any Indebtedness of any Credit Party or any of its Subsidiaries prior to its scheduled maturity, other than (i) the Obligations, and (ii) Indebtedness secured by a Permitted Lien if the asset securing such Indebtedness has been sold or otherwise disposed of in accordance with Section 6.9.
Prepayments of Certain Indebtedness. No Loan Party shall, directly or indirectly, voluntarily purchase, redeem, defease or prepay any principal of, premium, interest or other amount payable in respect of any Indebtedness prior to its scheduled maturity, other than prepayments and repayments of Permitted Indebtedness.
Prepayments of Certain Indebtedness. The Note Parties shall not, and shall not permit any of their Subsidiaries or their Affiliates to, directly or indirectly, purchase, redeem, defease or prepay any principal of, premium, if any, interest or other amount payable in respect of any Indebtedness prior to its scheduled maturity, other than (i) the Obligations in accordance with the terms of the Note Documents, (ii) the payment of interest accrued on Airspan’s obligations under the Softbank Loan Agreement to the extent permitted the Subordination Agreement provided at the time of such payment both before and after giving effect to such payment no Default or Event of Default shall exist or be caused by such payment, (iii) Permitted Intercompany Investments to the extent permitted by the Intercompany Subordination Agreement; (iv) Indebtedness secured by a Permitted Lien that is senior to the Obligations if the asset securing such Indebtedness has been sold or otherwise disposed of in accordance with Section 4.2(a), Section 4.2(c) or Section 4.2(e); (v) Indebtedness secured by a Priority Lien pursuant to a Priority Lien Document that is permitted by this Agreement and that is pari passu to the Obligations if such payment is permitted by the terms of the Intercreditor Agreement and both before and after giving effect to such payment no Default or Event of Default shall exist or be caused by such payment; and (vi) prepayment of Indebtedness owed to a Note Party by another Note Party in connection with the Divestiture Transaction.
Prepayments of Certain Indebtedness. 71 6.12. Servicing Agreement and Backup Servicing Agreement 71 6.13. Independent Director 71 6.14. Sales of Receivables 72 6.15. Changes to the Credit Policies or the Servicing Policy 72 6.16. No Prepayment 72 6.17. Changes to Bank Partner Program Agreements 72 SECTION 7. EVENTS OF DEFAULT 73 7.1. Events of Default 73 SECTION 8. AGENTS 77 8.1. Appointment of Agents 77 8.2. Agents Entitled to Act as Lender 77 8.3. Powers and Duties 77 8.4. No Responsibility for Certain Matters 78 8.5. Exculpatory Provisions 78 8.6. Collateral Documents 78 8.7. Lenders' Representations, Warranties and Acknowledgments 78 8.8. Actions Taken By Lender 79 8.9. Right to Indemnity 79 8.10. Resignation of Administrative Agent and Collateral Agent 79 SECTION 9. MISCELLANEOUS 80 9.1. Notices 80 9.2. Expenses 80 9.3. Indemnity. 81 9.4. Set-Off 84 9.5. Amendments and Waivers; Administrative Agent Consents. 84 9.6. Successors and Assigns; Participations. 86 9.7. Independence of Covenants 89 9.8. Survival of Representations, Warranties and Agreements 89 9.9. No Waiver; Remedies Cumulative 89 9.10. Marshalling; Payments Set Aside 89 9.11. Severability 90 9.12. Headings 90 9.13. APPLICABLE LAW 90 9.14. CONSENT TO JURISDICTION. 90 9.15. WAIVER OF JURY TRIAL 91 9.16. Usury Savings Clause 91 9.17. Counterparts 92 9.18. Effectiveness 92 9.19. Patriot Act 92 9.20. Prior Agreements 92 9.21. Third Party Beneficiaries 92 9.22. Confidentiality 92 9.23. No Consolidation 94 9.24. ERISA 94 9.25. Amendment and Restatement 95 APPENDICES: A Revolving Commitments B Notice Addresses C Eligibility Criteria D Excess Concentration Amounts E-1 Tier 1 Collateral Performance Triggers E-2 Tier 2 Collateral Performance Triggers F Post-Closing Action Items G-I Credit Policies (Company Originations) G-II Credit Policies (FinWise Originations) EXHIBITS: A Form of Funding Notice B Form of Revolving Loan Note C Form of Borrowing Base Certificate D Form of Assignment Agreement E Form of Closing Certificate F Form of Solvency Certificate G Form of Funds Release Request This AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT, dated as of July 19, 2023 (as it may be amended, supplemented or otherwise modified in accordance with the terms hereof, this "Agreement"), is entered into among OPPORTUNITY FUNDING SPE V, LLC, a Delaware limited liability company (the "Borrower"), OPPORTUNITY FINANCIAL, LLC, a Delaware limited liability company (the "Company"), as Originator (in such capacity, the "Originator"), as Servicer (in such ca...
Prepayments of Certain Indebtedness. No Loan Party shall, directly or indirectly, voluntarily purchase, redeem, defease or prepay any principal of, premium, if any, interest or other amount payable in respect of any Indebtedness for borrowed money with [*] prior to its scheduled due date (it being understood that unless an Event of Default has occurred or is continuing, a prepayment [*] prior to the scheduled date of payment (other than an acceleration payment, true up payment or payment on account of a breach or default) shall be permitted under this Section 6.17), other than (a) the Obligations, (b) Permitted Chinese Indebtedness, (c) Indebtedness secured by a Permitted Lien if the asset securing such Indebtedness has been sold or otherwise disposed of in accordance with Section 6.9, (d) converting (or exchanging) any Indebtedness to (or for) Qualified Capital Stock of Borrower, (e) issuance of Capital Stock (and cash in lieu of fractional shares in connection with such issuance) of the Borrower in connection with any conversion, exercise, repurchase, exchange, redemption, settlement or early termination or cancellation of Permitted Convertible Indebtedness, (f) the issuance of Permitted Convertible Indebtedness that constitutes Permitted Refinancing Indebtedness in exchange for other Permitted Convertible Indebtedness, (g) the redemption, purchase, exchange, early termination or cancellation of Permitted Convertible Indebtedness in an aggregate principal amount not to exceed the Net Proceeds received by the Borrower from the substantially concurrent issuance of additional Permitted Convertible Indebtedness or Capital Stock in connection with a refinancing of the Permitted Convertible Indebtedness being redeemed, purchased, exchanged, terminated or cancelled; provided that additional Permitted Convertible Indebtedness constitutes Permitted Refinancing Indebtedness, and (h) as permitted under the Senior Lender Intercreditor Agreement or the applicable subordination agreement governing any subordinated Indebtedness.
Prepayments of Certain Indebtedness. No Credit Party shall, nor shall it permit any of its Subsidiaries to, directly or indirectly, purchase, redeem, defease or prepay any principal of, premium, if any, interest or other amount payable in respect of any Indebtedness of any Credit Party or any of its Subsidiaries prior to its scheduled maturity, other than (a) the Obligations, (b) Indebtedness under the ABL Credit Documents and (c) Indebtedness secured by a Permitted Lien if the asset securing such Indebtedness has been sold or otherwise disposed of in accordance with Section 6.9.
Prepayments of Certain Indebtedness. No Note Party shall, nor shall it permit any of its Affiliates to, directly or indirectly, purchase, redeem, defease or prepay any principal of, premium, if any, interest or other amount payable in respect of any Indebtedness of any Note Party or any of its Subsidiaries prior to its scheduled maturity, other than (i) the Obligations, (ii) Indebtedness secured by a Permitted Lien if the asset securing such Indebtedness has been sold or otherwise disposed of in accordance with Section 6.9, (iii) the prepayment of Indebtedness owed by a Managed Company to any Note Party pursuant to the terms of the Managed Company Documents and (iv) on or prior to the Initial Note Date, the payment of the obligations under the Goldman NPA and the documents related thereto including the notes issued thereunder. Without limiting the generality of the foregoing, no redemption of the Series A Preferred Stock shall be permitted until all the Obligations are Paid in Full in cash, provided that, the foregoing prohibition shall not prevent the holders of the Series A Preferred Stock from converting shares of Series A Preferred Stock into common stock of Company in accordance with the terms of the Series A Preferred Stock.
Prepayments of Certain Indebtedness. Except as expressly permitted under Section 6.4, no Credit Party shall, directly or indirectly, voluntarily purchase, redeem, defease or prepay any principal of, premium, if any, interest or other amount payable in respect of any Indebtedness prior to its scheduled maturity, other than (i) the Obligations, (ii) the Subordinated Indebtedness, (iii) so long as AMC and its affiliates hold 100% of the Term Loans, Indebtedness secured by a Permitted Lien if the asset securing such Indebtedness has been sold or otherwise disposed of in accordance with Section 4.1 of the Investment Agreement, otherwise in accordance with Section 6.8 of this Agreement and (iv) on a pro forma basis after giving effect to such payments, Parent Borrower may make such payments in Cash on the Closing Date as are necessary to repay the Existing Indebtedness in full.
Prepayments of Certain Indebtedness. The Borrower shall not, nor shall it permit any Restricted Subsidiary to, directly or indirectly, prepay, redeem, purchase, defease or otherwise satisfy prior to the scheduled maturity thereof in any manner, or make any payment in violation of any subordination terms of, any portion of, except to the extent provided in Section 7.06(e), any Convertible Subordinated Notes or other Indebtedness that is subordinated to the Obligations, unless no Default or Event of Default has occurred and is continuing or would result therefrom.
