Prepayments of the Loans. (a) Immediately upon receipt by Borrower or its Subsidiaries of proceeds of any (i) sale or other disposition of Collateral (excluding Accounts and Inventory) permitted under Section 7.9 in excess of $1,000,000 in the aggregate in any Fiscal Year, (ii) sale of the stock of any Subsidiary of Borrower or (iii) issuance of equity securities (other than equity issued in connection with Borrower’s Plans) or issuance of Debt (other than Guaranties) permitted under the last sentence of Section 7.13 (excluding proceeds of equity or Debt issued to finance a Permitted Acquisition but only to the extent such proceeds are received and paid to the sellers of the Target contemporaneously with the consummation of the Permitted Acquisition or contemporaneously with the date on which any other consideration is required to be paid to such sellers in connection with such Permitted Acquisition), Borrower shall prepay the Obligations in an amount equal to all such proceeds, net of (A) commissions and other reasonable and customary transaction costs, fees and expenses properly attributable to such transaction and payable by Borrower in connection therewith (in each case, paid to non-Affiliates), (B) transfer taxes, (C) amounts payable to holders of senior Liens (to the extent such Liens constitute Permitted Liens hereunder), if any, and (D) an appropriate reserve for income taxes in accordance with GAAP in connection therewith (“Net Proceeds”). Notwithstanding the foregoing, if an Event of Default has occurred and is continuing, all Net Proceeds from a sale of Collateral subject to clause (i) above shall be applied to the Obligations without regard to the $1,000,000 exclusion set forth above. Any such prepayment required by this Section 3.3(a) shall be applied in accordance with Section 3.7.
(b) [Intentionally Deleted].
(c) No provision contained in this Section 3.3 shall constitute a consent to an asset disposition that is otherwise not permitted by the terms of this Agreement.
(d) To the extent any of the Obligations are repaid with proceeds of an “Asset Sale” (as defined in the Indenture) of assets that do not constitute Bond Creditor Collateral and the terms of the Indenture require Borrower to either (x) repay Obligations with such proceeds with a corresponding reduction in the Commitments in connection with such repayment, (y) invest such proceeds in “Replacement Assets” (as defined in the Indenture) or (z) make an offer to purchase the Senior Notes with such proceeds, (i...
Prepayments of the Loans. The Company may upon at least three (3) Business Days' notice to the Bank in the case of LIBOR Loans and upon at least two (2) Business Days' notice in the case of Prime Rate Loans prepay any Revolving Loan in whole by paying the entire principal amount of such Loan together with accrued and unpaid interest thereon to the date of such prepayment and, in the case where the Bank will be required to break a LIBOR funding contract by reason of such prepayment, any Breakage Costs. Any such prepayment hereunder shall be applied first to any Breakage Costs and other amounts due with respect to the Revolving Loan being prepaid, then to accrued and unpaid interest and finally to the principal due in respect thereof. Any and all prepayments shall not affect the obligation, if any, to pay the regular installments required hereunder, until all Obligations have been paid in full.
Prepayments of the Loans pursuant to this subsection 7.4 shall be applied as follows: (i) in the case of prepayments made by the U.S. Borrower, first, to prepay Swing Line Loans then outstanding (other than Money Market Rate Swing Line Loans), second, to prepay ABR Loans (other than Swing Line Loans) then outstanding and third, to prepay Money Market Rate Swing Line Loans, if any, and Eurodollar Loans then outstanding and (ii) in case of prepayments made by a Foreign Subsidiary Borrower, to prepay Multicurrency Loans borrowed by such Foreign Subsidiary Borrower.
Prepayments of the Loans. (a) The Company shall have the right to prepay the Loans in full or in part at any time or from time to time; provided that: (i) the Company shall give the Agent written notice of each such prepayment, which notice shall be irrevocable, shall specify the aggregate principal amount of the Loans of all the Banks to be prepaid (which, if less than the full unpaid principal amount of the Loans, shall be at least $5,000,000 or, if higher, an integral multiple of $1,000,000), and the date of prepayment, and shall be effective only if received by the Agent not later than 10:00 a.m. New York time on the date 10 days prior to the requested date of such prepayment, (ii) such prepayment shall be accompanied by all amounts that may be required to be paid to each Bank pursuant to Section 5.04 hereof, (iii) except in the case of non-ratable prepayments pursuant to Sections 5.01(b), 5.03 or 5.06 hereof, such prepayment shall be applied ratably to the Loans of all the Banks in accordance with the unpaid principal amount of the respective Loans then held by each of them, and (iv) such prepayment shall be applied to the installments of the Loans in the inverse order of their maturity. The Agent shall promptly notify the Banks of each notice of prepayment.
(b) Any portion of the Loans prepaid, whether pursuant to this Section 3.03, Section 5.03 or otherwise, may not be reborrowed.
(c) No portion of the Commitments may be voluntarily reduced or terminated by the Company.
Prepayments of the Loans. INTEREST RATE AND PAYMENT DATES; HIGHEST LAWFUL RATE.......................................34 2.7
Prepayments of the Loans. 25 2.7. Conversions and Continuations. ................................... 26 2.8. Interest Rate and Payment Dates. ................................. 27 2.9. Substituted Interest Rate ........................................ 28 2.10. Taxes. .......................................................... 29 2.11. Illegality. ..................................................... 30 2.12.
Prepayments of the Loans pursuant to subsection 4.2(a)(i) shall be applied, FIRST, to the prepayment of the Tranche A Term Loans and the Tranche B Term Loans PRO RATA and shall be applied to the remaining installments thereof on a PRO RATA basis and, SECOND, after payment of the Term Loans in full, to the prepayment of the Revolving Credit Loans. Prepayments of the Loans pursuant to subsection 4.2(a)(ii) shall be applied to the prepayment of the Revolving Credit Loans without any accompanying reduction of the Revolving Credit Commitments of the Revolving Credit Lenders. Amounts to be applied pursuant to this subsection 4.2(d) to the prepayment of Term Loans and/or Revolving Credit Loans shall be applied, as applicable, first to reduce outstanding Term Loans and/or Revolving Credit Loans which are ABR Loans. Any amounts remaining after each such application shall be applied to prepay Term Loans and/or Revolving Credit Loans which are Eurodollar Loans.
Prepayments of the Loans and permanent reductions of the Revolving Credit Commitments by the Canadian Borrower pursuant to subsections 4.3 (a), (b), (c), (d) and (f)(i) shall be applied, first, to payment of the Canadian Term Loans then outstanding, 63 58 second, (to the extent that there are no Term Loans then outstanding) to permanent reduction of the Canadian Revolving Credit Commitments then in effect, and, if any such amount remains unapplied, the Company shall, to the extent of such unapplied amount, be obligated to make a prepayment of the US Term Loans and a permanent reduction of the US Revolving Credit Commitments in accordance with subsection 4.3(f)(i). Such prepayments of the Canadian Term Loans pursuant to subsections 4.3(a), (b), (c), (d) and (f)(i) shall be applied (x) pro rata (based on outstanding principal amount) to the Canadian Tranche A Term Loans and, subject to the limitations set forth in clause (f)(iii) below, the Canadian Tranche B Term Loans and (y) to the respective installments of principal of such respective Term Loans in the inverse order of the respective maturity dates thereof.
Prepayments of the Loans. The Borrower may, at its option, prepay Target Rate Advances, in whole or in part, without premium or penalty, at any time and from time to time. The Borrower may pay a LIBOR Advance, in whole or in part, only at the end of the Interest Period applicable to such LIBOR Advance.
Prepayments of the Loans. 25 2.7 Use of Proceeds....................................................26 2.8 Letter of Credit Sub-Facility......................................26 2.9 Letter of Credit Participation and Funding Commitments.............
