Provisions Relating to Prepayment. (i) Notice of prepayment having been given and not revoked as aforesaid, the principal amount of the Notes so to be prepaid, plus accrued interest thereon to the date of prepayment, together with the Break Amount and Additional Costs, if any, herein provided, shall become due and payable on the prepayment date.
(ii) On the date fixed for prepayment under Section 10(f), immediately available funds in Dollars shall be deposited by the Borrower in the account of the Administrative Agent at the place and by the time and otherwise in the manner provided in Section 10(a), in an amount equal to the principal amount of Notes to be prepaid together with accrued and unpaid interest thereon to the date fixed for such prepayment, all Break Amount and Additional Costs, if any, and all other amounts due to the Lenders hereunder, thereunder and under the other Operative Documents.
(iii) Each Lender shall furnish to the Borrower, with a copy to the Administrative Agent, a certificate setting forth in reasonable detail the calculation of the amounts of Break Amount due to such Lender, which certificate shall be presumptively correct absent manifest error.
(iv) The amount of any prepayment may not be reborrowed.
Provisions Relating to Prepayment. (a) Notice of prepayment having been given, the principal amount of the Loan Certificates so to be prepaid, plus accrued interest thereon to the date of prepayment, together with the Break Amount, if any, shall become due and payable on the prepayment date.
(b) On the date fixed for prepayment under Section 5.10, immediately available funds in Dollars shall be deposited by the Borrower in the account of the Security Agent at the place and by the time and otherwise in the manner provided in Section 5.5, in an amount equal to the principal amount of Loan Certificates to be prepaid together with accrued and unpaid interest thereon to the date fixed for such prepayment, all Break Amounts, if any, and all other amounts due to the Holders of the Loan Certificates hereunder, thereunder and under the other Operative Documents.
(c) Each Holder of a Loan Certificate shall furnish to the Borrower, with a copy to the Security Agent, a certificate setting forth in reasonable detail the calculation of the Break Amount due to such Holder, which certificate shall be presumptively correct, absent manifest error.
Provisions Relating to Prepayment. (a) No prepayment of any unpaid principal amount of the Loan Certificates may be made except to the extent and in the manner expressly provided in this Security Agreement.
(b) Notice of prepayment having been given, the unpaid principal amount of the Loan Certificates so to be prepaid, plus accrued interest thereon to the date of prepayment, together with the Break Loss, if any, shall become due and payable on the prepayment date.
Provisions Relating to Prepayment. (a) The Owner Trustee shall have no right to prepay the principal amount of the Certificates, in whole or in part, except as permitted by Section 2.11. Any such prepayment effected pursuant to Section 2.11(a) shall be made by the Owner Trustee only on a date coincident with an Interest Payment Date and upon at least 60 calendar days' prior irrevocable written notice to the Indenture Trustee and the Certificate Holders. Notice of prepayment having been given as aforesaid, the principal amount TRUST INDENTURE of the Certificates so to be prepaid, plus accrued interest thereon to the date of prepayment, together with the Premium Amount, if any, herein provided, shall become due and payable on the prepayment date.
(b) On the date fixed for prepayment under Section 2.11, immediately available funds in Dollars shall be deposited by the Owner Trustee in the account of the Indenture Trustee at the place and by the time and otherwise in the manner provided in Section 2.05, in an amount equal to the principal amount of Certificates to be prepaid together with accrued and unpaid interest thereon to the date fixed for such prepayment, all Premium Amount, if any, thereon and all other amounts due to the holders of the Certificates subject to prepayment hereunder, thereunder and under the other Operative Agreements, but, in the case of a prepayment pursuant to Section 2.11(a) of any Series A Certificate, net of the Swap Upside in respect of such Certificate.
Provisions Relating to Prepayment. (a) Notice of prepayment having been given, the principal amount of the Certificates so to be prepaid, plus accrued interest thereon to the date of prepayment, together with any required Break Amount, herein provided, shall become due and payable on the prepayment date.
(b) On the date fixed for prepayment under Section 2.11, immediately available funds in Dollars shall be deposited by the Borrower in the account of the Indenture Trustee at the place and by the time and otherwise in the manner provided in Section 2.05, in an amount equal to the principal amount of Certificates to be prepaid together with accrued and unpaid interest thereon to the date fixed for such prepayment, any required Break Amount, and all other amounts then due to the Holders of the Certificates hereunder and under the other Operative Documents.
(c) Each Holder of a Certificate shall furnish to the Borrower, with a copy to the Indenture Trustee, by no later than the Business Day next preceding the scheduled prepayment date, a certificate setting forth in reasonable detail the calculation of the amounts of Break Amount due to such Holder, which certificate shall be conclusive and binding absent manifest error.
Provisions Relating to Prepayment. (a) The Owner Trustee --------------------------------- shall have no right to prepay the principal amount of the Equipment Notes, in whole or in part, or purchase the Equipment Notes except as permitted by Sections 2.10, 2.11, 2.12 and 2.
Provisions Relating to Prepayment. (a) On the date of prepayment, immediately available funds in Dollars shall be deposited by the Borrower in the Payment Account at the place and by the time and otherwise in the manner provided in Section 5.5, in an amount equal to the principal amount of Loan Certificates to be prepaid together with accrued and unpaid interest thereon to the date fixed for such prepayment, all Break Amounts, if any, and all other amounts due to the Lenders hereunder and under the Operative Documents.
(b) Each Lender shall furnish to the Borrower, with a copy to the Facility Agent, a certificate setting forth the Break Amount due to such Lender, which certificate shall be conclusive absent manifest error.
Provisions Relating to Prepayment. BORROWER HEREBY EXPRESSLY (A) WAIVES ANY RIGHTS IT MAY HAVE UNDER LAW TO PREPAY THE SENIOR NOTES, IN WHOLE OR IN PART, WITHOUT PENALTY, UPON ACCELERATION OF THE MATURITY DATE, AND (B) AGREES THAT IF, FOR ANY REASON, A PREPAYMENT OF ALL OF ANY PORTION OF THE SENIOR PRINCIPAL BALANCE IS MADE INCLUDING UPON OR FOLLOWING ANY ACCELERATION OF THE MATURITY DATE BY COLLATERAL AGENT ON ACCOUNT OF ANY DEFAULT BY BORROWER, INCLUDING ANY TRANSFER, DISPOSITION, OR FURTHER ENCUMBRANCE PROHIBITED OR RESTRICTED BY THE SENIOR LOAN DOCUMENTS, THEN BORROWER MAY BE OBLIGATED TO PAY CONCURRENTLY WITH SUCH PREPAYMENT THE PREPAYMENT PREMIUM SPECIFIED ABOVE. BORROWER HEREBY DECLARES THAT (1) EACH OF THE FACTUAL MATTERS SET FORTH IN THIS PARAGRAPH IS TRUE AND CORRECT, (2) SENIOR LENDERS' AGREEMENT TO MAKE THE SENIOR LOAN AT THE INTEREST RATE AND FOR THE TERM SET FORTH IN THIS AGREEMENT CONSTITUTES ADEQUATE CONSIDERATION FOR THIS WAIVER AND AGREEMENT, AND HAS BEEN GIVEN INDIVIDUAL WEIGHT BY BORROWER AND EACH SENIOR LENDER, (3) BORROWER IS A SOPHISTICATED AND KNOWLEDGEABLE REAL ESTATE INVESTOR WITH COMPETENT AND INDEPENDENT LEGAL COUNSEL, AND (4) BORROWER FULLY UNDERSTANDS THE EFFECT OF THIS WAIVER AND AGREEMENT.
Provisions Relating to Prepayment. (a) In connection with any prepayment to be made pursuant to Section 5.10 above, the principal amount of the Loan Certificate so to be prepaid, plus accrued interest thereon to the date of prepayment, together with the Break Amount, if any, shall become due and payable on the applicable prepayment date.
(b) On the date fixed for prepayment under Section 5.10, immediately available funds in Dollars shall be deposited by the Borrower in the account of the Lender at the place and by the time and otherwise in the manner provided in Section 5.5, in an amount equal to the principal amount of Loan Certificate to be prepaid together with accrued and unpaid interest thereon to the date fixed for such prepayment, all Break Amounts, if any and all other amounts due to the Lender under the Operative Documents.
(c) The Lender shall furnish to the Borrower a certificate setting forth the Break Amount due to the Lender, which certificate shall be presumptively correct.
Provisions Relating to Prepayment. (i) (i) Notice of prepayment having been given and not revoked as aforesaid, the --------------------------------- principal amount of the Notes so to be prepaid, plus accrued interest thereon to the date of prepayment, together with the Swap Breakage Amount and Break Amount and Additional Costs, if any, herein provided, shall become due and payable on the prepayment date.
