Common use of Prepayments of Certain Indebtedness Clause in Contracts

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.

Appears in 4 contracts

Samples: Senior Secured Convertible Note Purchase and Guarantee Agreement (Airspan Networks Holdings Inc.), Senior Secured Convertible Note Purchase and Guarantee Agreement (Airspan Networks Holdings Inc.), Senior Secured Convertible Note Purchase and Guarantee Agreement (Airspan Networks Holdings Inc.)

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Prepayments of Certain Indebtedness. The Note Parties No Loan Party shall, nor shall not, and shall not it permit any of their Subsidiaries or their 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 prior to its scheduled maturity, other than (i) the Obligations in accordance with the terms of the Note DocumentsObligations, (ii) the payment of interest accrued on AirspanBorrower’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)‎7.01, Section 4.2(c) ‎7.03 or Section 4.2(e)7.05; (v) Indebtedness secured by a Priority Lien pursuant to a Priority Lien Document the prepayment, purchase, redemption, defeasance or other acquisition or retirement of the Convertible Notes, provided that is permitted by this Agreement and that is pari passu to the Obligations if any such payment is permitted by prepayment, purchase, redemption, defeasance or other acquisition or retirement complies with the terms of hereof and the Pari Passu Intercreditor Agreement and both before and after giving effect to such payment no Default pursuant to Section 7.16 or Event of Default shall exist or be caused by exists as a result of the occurrence of such paymenttransaction; and (vi) the prepayment of Indebtedness owed to a Note Loan Party by another Note Loan Party in connection with the Divestiture Transaction.

Appears in 4 contracts

Samples: Credit Agreement (Airspan Networks Holdings Inc.), Credit Agreement (Airspan Networks Holdings Inc.), Credit Agreement (Airspan Networks Holdings Inc.)

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); and (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.

Appears in 1 contract

Samples: Senior Secured Convertible Note Purchase and Guarantee Agreement (Airspan Networks Holdings Inc.)

Prepayments of Certain Indebtedness. The Note Parties No Loan Party shall, nor shall not, and shall not it permit any of their Subsidiaries or their 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 prior to its scheduled maturity, other than (i) the Obligations in accordance with the terms of the Note DocumentsObligations, (ii) the payment of interest accrued on AirspanBorrower’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)7.01, Section 4.2(c) 7.03 or Section 4.2(e); 7.05, and (v) Indebtedness secured by a Priority Lien pursuant to a Priority Lien Document the prepayment, purchase, redemption, defeasance or other acquisition or retirement of the Convertible Notes, provided that is permitted by this Agreement and that is pari passu to the Obligations if any such payment is permitted by prepayment, purchase, redemption, defeasance or other acquisition or retirement complies with the terms of hereof and the Pari Passu Intercreditor Agreement and both before and after giving effect to such payment no Default pursuant to Section 7.16 or Event of Default shall exist or be caused by exists as a result of the occurrence of such payment; and (vi) prepayment of Indebtedness owed to a Note Party by another Note Party in connection with the Divestiture Transactiontransaction.

Appears in 1 contract

Samples: Credit Agreement (Airspan Networks Holdings Inc.)

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Prepayments of Certain Indebtedness. The Note Parties No Loan Party shall, nor shall not, and shall not it permit any of their Subsidiaries or their 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 prior to its scheduled maturity, other than (i) the Obligations in accordance with the terms of the Note DocumentsObligations, (ii) the payment of interest accrued on AirspanBorrower’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)7.01, Section 4.2(c) 7.03 or Section 4.2(e)7.05; (v) Indebtedness secured by a Priority Lien pursuant to a Priority Lien Document the prepayment, purchase, redemption, defeasance or other acquisition or retirement of the Convertible Notes, provided that is permitted by this Agreement and that is pari passu to the Obligations if any such payment is permitted by prepayment, purchase, redemption, defeasance or other acquisition or retirement complies with the terms of hereof and the Pari Passu Intercreditor Agreement and both before and after giving effect to such payment no Default pursuant to Section 7.16 or Event of Default shall exist or be caused by exists as a result of the occurrence of such paymenttransaction; and (vi) the prepayment of Indebtedness owed to a Note Loan Party by another Note Loan Party in connection with the Divestiture Transaction.

Appears in 1 contract

Samples: Credit Agreement (Airspan Networks Holdings Inc.)

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