Repayment of Debt. Upon the terms and subject to the conditions set forth herein, substantially concurrent with the execution and delivery of this Agreement by the parties hereto, the Company agrees to sell, and the Creditors, severally and not jointly, agree to cancel the Debt, up to an aggregate of $124,184.26 as the payment for the Shares at a price of $0.460829 per share. Each Creditor’s Debt Cancellation Amount as set forth on the signature page hereto executed by such Creditor shall be settled for “Delivery Versus Payment” with the Company. The Company shall deliver the Shares to the Creditors as the repayment of Debt within 30 days of this Agreement.
Repayment of Debt. If the General Partners unanimously elect, or are required by one or more third parties, to repay or repurchase at the Closing Date (or thereafter in connection with the sale of properties) any indebtedness of Target or any subsidiary of Target, at the Closing Date (or thereafter in connection with the sale of properties), the General Partners shall pay in cash such indebtedness plus any costs, expenses or fees associated with such repayment or repurchase, including without limitation any prepayment fees or penalties, to be repaid, pro rata in accordance with their respective Capital Accounts. For these purposes, “indebtedness” shall be deemed to include the costs of unwinding any interest rate swaps, caps, treasury locks and other derivatives and xxxxxx associated with the indebtedness that is being repaid.
Repayment of Debt. If the student and/or institution must repay the NRC, the amount owed to the NRC is a valid debt of the Federal government subject to all laws and provisions governing the administration of the debt. In accordance with Federal regulations, if payment is not received by the NRC within 30 days from notification of indebtedness, the debt becomes past due and will be subject to interest, penalties, and administrative charges incurred by the Federal government to service the debt. After 120 days of being past due, the debt will be referred to the Department of the Treasury for collection. If a single lump sum payment is not possible, the debtor may request an installment repayment agreement. Any such request must be made in writing and sent to the NRC Office of the Chief Financial Officer (Xxxx.Xxxxxxxx@xxx.xxx), along with a sufficient justification. An installment repayment agreement can be up to 3 years in length and will include all applicable interest, penalties, and administrative charges incurred by the Federal government to service the debt. Failure by the debtor to meet the terms and conditions of the installment agreement will result in the debt being referred to the Department of the Treasury for collection and subject to the various collection actions administered by the Department of the Treasury. For additional information, the debtor may contact the NRC Office of the Chief Financial Officer at (000) 000-0000.
Repayment of Debt. No Credit Party will, and will not permit any Restricted Subsidiary to, repay, prepay, redeem, repurchase, defease or otherwise make any payment on account of any Indebtedness for borrowed money except for (a) payment on account of Indebtedness owing to the Agent or the Lenders under this Agreement, (b) any payment consented to in writing by the Required Lenders, and (c) payment on account of Indebtedness for borrowed money permitted by Section 6.1, the repayment of which is not restricted by Section 6.6.
Repayment of Debt. (a) By the 10th day of each month, the TP shall calculate and communicate to the Az ISA, the Az ISA’s repayment obligation to the TP for the subsequent billing month (the “Transmission Provider’s Repayment” or “TPREPAY”) as defined in Rate Schedule 1.
(b) Within five (5) business days of the day on which the Az ISA receives the information specified in Section 4.02(a), the Az ISA shall notify the TP by phone or E-mail if it disagrees with the TP’s calculation. Disagreements as to the correct amount that are not resolved within five (5) days of the date the Az ISA gives said notice to the TP shall be subject to the dispute resolution procedures contained herein.
(c) By the 10th day of each billing month, the TP shall remit to the Az ISA, in accordance with the provisions in Section 4.04 (Electronic Payment) and Rate Schedule 1, all revenues associated with the Az ISA’s repayment obligation for that billing month collected by the TP from each SC.
(d) To the extent the TP collects from SCs an amount of money that exceeds the TP’s TPREPAY, the excess revenue shall be used to reduce the remaining principal associated with the repayment obligation to the TP, as listed in Exhibit 1. Whenever said additional payment is made, the TP shall recalculate the repayment obligation in accordance with an amortization schedule agreed to by the Parties.
(e) To the extent the TP collects from SCs an amount of money that is less than the TP’s TPREPAY, the TP shall recalculate the repayment obligation in accordance with an amortization schedule agreed to by the Parties.
Repayment of Debt. By virtue of the execution of the execution and delivery of the instruments specified in Sections 1 and 2, the Debt shall be extinguished.
Repayment of Debt. (a) If, prior to the Closing Date, Parent decides to commence a tender offer and/or consent solicitation in respect of some or all of the outstanding Company Notes (each, a “Debt Offer”), Parent shall prepare all necessary and appropriate documentation in connection with such Debt Offers, including the offers to purchase and consent solicitation statements, letters of transmittal and other related documents (collectively, the “Debt Offer Documents”). The Company agrees to use commercially reasonable efforts to provide, and shall cause its Subsidiaries and its and their respective representatives, including legal and accounting representatives, to provide, reasonable cooperation in connection with the preparation of the Debt Offer Documents and the consummation of such Debt Offers, including with respect to the Company’s execution of supplemental indentures (either at the Company Merger Effective Time or, if earlier, conditioned upon the occurrence of the Company Merger Effective Time) reflecting amendments to the indentures applicable to the Company Notes subject to any Debt Offer, to the extent approved by any required consents of holders of such Company Notes. All mailings to the holders of the Company Notes in connection with the Debt Offers shall be subject to the prior review and comment by the Company and Parent and shall be reasonably acceptable to each of them. If at any time prior to the completion of any Debt Offer any information in the applicable Debt Offer Documents should be discovered by the Company or Parent that should be set forth in an amendment or supplement to the Debt Offer Documents, so that such Debt Offer Documents shall not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they are made, not misleading, the party that discovers such information shall promptly notify the other party, and an appropriate amendment or supplement describing such information shall be disseminated by Parent to the holders of the applicable Company Notes. To the extent that the provisions of any applicable law conflict with this Section 5.14(a), Parent and the Company shall comply with the applicable law and shall not be deemed to have breached its obligations hereunder by such compliance. Parent, Blocker Merger Sub and Company Merger Sub acknowledge and agree that neither the pendency nor the consu...
Repayment of Debt. As soon as practicable following the Agreement Date, the Company shall obtain (i) bank pay-off letters, in form and substance reasonably acceptable to Parent, with respect to the Debt of the Acquired Companies set forth on Schedule 5.12 (the “Closing Pay-Off Debt”), which letters shall provide for the release of all Encumbrances relating to the Closing Pay-Off Debt following satisfaction of the terms contained in such pay-off letters (including any premiums above the principal amount of such Closing Pay-Off Debt or any fees payable in connection with such Closing Pay-Off Debt), (ii) a UCC-3 termination statement terminating the security interests of each Person holding a security interest in the assets of any of the Acquired Companies, (iii) forms of notices of termination for any account control agreements entered into in connection with the Closing Pay-Off Debt, (iv) forms of terminations for any intellectual property security agreements filed with the United States Patent and Trademark Office or United States Copyright Office in connection with the Closing Pay-off Debt, and (v) forms of notices of termination for any landlord or bailee waivers executed in connection with the Closing Pay-Off Debt.
Repayment of Debt. At the closing of the Merger and as a condition thereto, all outstanding indebtedness of Elite FX, Inc. owed to the Observers in their capacity as lenders under the Secured Credit Agreement dated as of April 10, 2006 (the "Secured Credit Agreement") will be repaid in full which shall result in the termination of the Secured Credit Agreement and cancellation of any outstanding promissory notes issued pursuant thereto.
Repayment of Debt. The Seller shall cause the repayment of any indebtedness of the Company and shall have secured the release of any security interest on any assets of the Company in respect of such indebtedness.
