Repayment and Termination. The Borrower shall repay the outstanding principal amount of all Loans on the Maturity Date.
Repayment and Termination. (a) The Borrower shall repay the outstanding principal amount of all Loans on the Maturity Date.
(b) Upon the earlier to occur of (i) the Keystone Debt Financing or (ii) October 29, 2004 the Borrower shall immediately prepay the outstanding principal amount of the Loans in excess of $_______, so that, after giving effect to such prepayment, the aggregate principal amount of the Loans outstanding will be equal to or less than $_______."
(D) Article 7 of the Credit Agreement is hereby amended by adding a new Section 7.17 at the end thereof to read as follows:
Repayment and Termination. Except as provided in subsection (b), a member of the uni- formed services who is paid a bonus, incentive pay, or similar benefit, the receipt of which is contingent upon the member’s satisfaction of certain service or eligibility requirements, shall repay to the United States any unearned portion of the bonus, incentive pay, or similar benefit if the member fails to satisfy any such service or eligibility requirement, and the member may not receive any unpaid amounts of the bonus, in- centive pay, or similar benefit after the member fails to satisfy such service or eligibility re- quirement.
Repayment and Termination. 1. The provisions in this Section C shall take effect immediately upon the New Revolving Loans being made to the Borrower as contemplated by Section B4.
2. The Borrower shall apply an amount of such New Revolving Loans to repay, on the Effective Date, all Loans (other than, for the avoidance of doubt, the New Revolving Loans) outstanding (immediately prior to the Effective Time) under the Existing Credit Agreement, and hereby gives notice to the Administrative Agent of the same.
3. Effective immediately following the repayment of such outstanding Loans as contemplated by Section C2, the Borrower hereby terminates the Revolving Commitments (other than, for the avoidance of doubt, the New Revolving Commitment) in effect (immediately prior to the Effective Time) under the Existing Credit Agreement, and hereby gives notice to the Administrative Agent of the same.
Repayment and Termination. (a) The Borrower shall repay the outstanding principal amount of all Loans on the Maturity Date.
(b) Upon the earlier to occur of (i) the Property Debt Financing or (ii) February 28, 2007, the Borrower shall immediately prepay the outstanding principal amount of the Loans in excess of $78,000,000, so that, after giving effect to such prepayment, the aggregate principal amount of the Loans outstanding will be equal to or less than $78,000,000.”
Repayment and Termination. Notwithstanding anything contained herein to the contrary, Borrower may (without any prepayment obligation or other penalty) at any time terminate this Agreement by (a) repaying to Lender all outstanding Advances and all interest and Lender Expenses accrued through the date of payment and (b) agreeing that Lender has no further obligations to make any Credit Extensions to Borrower under this Agreement.
Repayment and Termination. 4.1. The Loan Facility shall be due and payable on demand at any time determined in writing by the Lender. The Loan Facility can only be repaid or settled by the Borrower by way of: transferring the Shares by way of a private sale to the Lender or to a company designated by Lender at such price and upon such other terms and conditions as the Pledgee shall in its sole disretion determine.
1. The Lender agrees to release the entire amount of the Loan Facility against repayment and in consideration of the Shares being transferred by the Borrower to the Lender (in so far as permitted by law) or to the company designated in writing by Lender, subject only to the approval of all necessary competent authorities of the Republic of Indonesia.
4.2. The Lender hereby acknowledges that the sale of said Shares and/or receipt of the proceeds by the Lender from such sale shall mean and have the effect that the debt of the Borrower under this Loan Agreement has been fully repaid by the Borrower to the Lender, regardless of whether the amount of the proceeds received by Lender from Borrower from the sale of the said Shares or liquidation (as the case may be) shall exceed or shall be less than the Loan Facility, and the receipt of such proceeds by the Lender shall constitute payment in full satisfaction of the Borrowers obligations hereunder and shall release the Borrower from any and all obligations to the Lender under this Loan Agreement and the Security Documents.
4.3. The costs of the transfer of the Shares by the Borrower under this Article 4 and all related costs incidental thereto shall be borne by the Lender.
Repayment and Termination. (a) The Borrower shall repay the outstanding principal amount of all Loans on the Maturity Date.
(b) On or before September 14, 2007, the Borrower shall prepay the outstanding principal amount of the Loans in excess of $118,500,000, so that, after giving effect to such prepayment, the aggregate principal amount of the Loans outstanding will be equal to or less than $118,500,000.”
(E) Subsection 6.1(a) of the Credit Agreement is hereby amended in its entirety to read as follows:
(a) Except for (i) the Secured Parties’ rights established under this Agreement, the Swap Agreement and the Account Control Agreement and (ii) the Term Lender’s rights established under the Term Loan Agreement and the Account Control Agreement, the Borrower owns the Collateral (including without limitation the shares of
1- NY/2188031.7 common stock of BIC and BRC and the interests in Belvedere Capital owned by the Borrower) free of any interest or Lien in favor of any third party or any restriction on transfer, other than pursuant to the Operating Agreement.”
(F) Section 6.2 of the Credit Agreement is hereby amended in its entirety to read as follows:
Repayment and Termination. 4.1. The Loan Facility shall be due and payable on demand at any time determined in writing by the Lender. The Loan Facility can only be repaid or settled by the Borrower by way of: transferring the Shares by way of a private sale to the Lender or to a company designated by Lender at such price and upon such other terms and conditions as the Pledgee shall in its sole disretion determine. In connection with the foregoing paragraph, the Lender shall be entitled at any time by written notice to the Borrower to call for repayment of the full amount of the Loan Facility, provided that the Lender shall give the Borrower at least 30 (thirty) days prior notice of its intention to recover the Loan Facility, whereupon the Loan Facility shall become due and payable in the form and manner specified in this Article 4.1. The Lender agrees to release the entire amount of the Loan Facility against repayment and in consideration of the Shares being transferred by the Borrower to the Lender (in so far as permitted by law) or to the company designated in writing by Lender, subject only to the approval of all necessary competent authorities of the Republic of Indonesia.
4.2. The Lender hereby acknowledges that the sale of said Shares and/or receipt of the proceeds by the Lender from such sale shall mean and have the effect that the debt of the Borrower under this Loan Agreement has been fully repaid by the Borrower to the Lender, regardless of whether the amount of the proceeds received by Lender from Borrower from the sale of the said Shares or liquidation (as the case may be) shall exceed or shall be less than the Loan Facility, and the receipt of such proceeds by the Lender shall constitute payment in full satisfaction of the Borrowers obligations hereunder and shall release the Borrower from any and all obligations to the Lender under this Loan Agreement and the Security Documents.
4.3. The costs of the transfer of the Shares by the Borrower under this Article 4 and all related costs incidental thereto shall be borne by the Lender.
Repayment and Termination. At a closing to be held on a mutually agreed date but in no event later than January 20, 2003 (the "Closing"), the following transactions shall occur simultaneously: (a) the Trust will pay to the Corporation $825,000 in immediately available funds; and (b) a mutual release in the form attached hereto as Exhibit B shall be executed and delivered by the parties specified therein. Upon the consummation of the Closing: (i) the Prior Agreement shall forthwith terminate; (ii) the Corporation shall be relieved of any obligation to make premium payments or payments of any kind with respect to the Policies; and (iii) the Corporation shall have no further right to any refund or death benefit payment from the Policies.
