Repayment of Facilities Sample Clauses

Repayment of Facilities. (a) Notwithstanding any other provisions hereof, provided that no Default or Event Default has occurred and is continuing or would occur as a result of the asset sales contemplated in this Section 5.2(a), the Obligors may, upon 30 days written notice thereof to the Agent prior to the completion of any such transaction, sell, lease, transfer, assign, convey or otherwise dispose of any of their real or personal property (including Fixed Assets) outside of the ordinary course of business up an aggregate total sale price of US$15,000,000 in any Fiscal Year of SunOpta; provided that the sale price in respect of any such property sold outside of the ordinary course of business is approximately equal to the fair market value of such property; and provided that the net cash proceeds in respect of any such sale (the “Permitted Proceeds”) shall be applied, to repay on a pro rata basis, the then outstanding principal amounts of Advances under Facility A or Facility B, until, in the case of each applicable repayment of Permitted Proceeds, then outstanding principal amounts under Facility A or Facility B are repaid (provided however that, for greater certainty, any such amounts so repaid may be reborrowed under Facility A or Facility B in accordance with the terms of this Agreement). SunOpta will provide such information regarding the permitted sale of property outside of the ordinary course of business contemplated hereby as is required by the Agent and the Lenders pursuant to Section 9.4 of this Agreement. The Agent shall discharge the Security and the Security Documents to the extent required to facilitate such transactions. (b) If insurance proceeds become payable in respect of loss of or damage to any property owned by an Obligor: (i) if a Default or Event of Default has occurred and is continuing at such time, the Agent shall hold such proceeds as cash collateral and as part of the Collateral (unless otherwise agreed by the Majority Lenders in their sole discretion) until such time as either (A) such Default or Event of Default is cured, at which time such proceeds shall be dealt with in accordance with paragraphs (ii), (iii) and (iv) below, as applicable, or (B) with Section 10 hereof, at which time such proceeds shall be applied against the Obligations in accordance with Section 6.5; (ii) if no Default or Event of Default has occurred and is continuing at such time, and such proceeds in respect of property other than Fixed Assets are less than US$1,000,000, suc...
AutoNDA by SimpleDocs
Repayment of Facilities prematurely repay or prepay any loans, borrowings or other financial facilities or assistance made available to it;
Repayment of Facilities. Without prejudice to Section 8.02, the Facilities so far as not otherwise repaid or discharged under the provisions of this Agreement shall be repaid by the Borrower on demand by the Bank and until such demand is made, the Borrower shall repay the Facilities respectively together with interest thereon at the Prescribed Rate in the manner provided in the Schedule 2 hereto corresponding to the Facilities timeously without notice from the Bank, such that the indebtedness of the Borrower shall have been fully discharged at latest on the expiry of the Tenor of the Facilities.
Repayment of Facilities. Unless demand is earlier made pursuant to Section 9.1, the Borrowers shall repay, and there shall become due and payable on the Maturity Date, the Outstandings and all accrued and unpaid interest thereon.
Repayment of Facilities. 15.2.1 Purchaser shall pay to the Facility Agent (on behalf of the relevant Borrowers or other Obligors) on the Scheduled Closing Date the aggregate outstanding principal amount of the Facilities together with all accrued interest, commission and fees and all other amounts (including prepayment fees, break costs and fees, costs and expenses which are to be paid or reimbursed by an Obligor pursuant to the terms of the Facilities Agreement) falling due under or in connection with the Facilities (the “Facilities Repayment Amount”) in full discharge of the payment obligations (mit schuldbefreiender Wirkung) of the Obligors under or in connection with the Facilities and to effect full release of all Financing Collateral as of the Closing Date. 15.2.2 For the purpose of the payments of Purchaser pursuant to Sections 15.2.1, Sellers shall procure to notify Purchaser, no later than five Business Days prior to the Scheduled Closing Date, in writing of (i) the Facilities Repayment Amount (or, if the definitive Facilities Repayment Amount is not yet available at that time, an estimate thereof) and (ii) one or more bank accounts (the “Facilities Repayment Account(s)”) into which the Facilities Repayment Amount shall be paid (and the amount of the Facilities Repayment Amount to be paid to each Facilities Repayment Account, as applicable). Unless previously notified by Sellers to Purchaser, Sellers shall procure to notify Purchaser of the definitive Facilities Repayment Amount no later than two Business Days prior to the Scheduled Closing Date. It is agreed and understood by the Parties that the definitive Facilities Repayment Amount may be calculated in relation to a date which is supposed to be the Scheduled Closing Date accompanied by a statement which additional amounts need to be paid (in particular daily interest (Stückzinsen)) if the Closing occurs on a date other than the Scheduled Closing Date or the date deemed to be the Scheduled Closing Date for the purposes of the calculation of the Facilities Repayment Amount. 15.2.3 Sellers shall procure that the relevant Obligors, if and to the extent reasonably requested by Purchaser: a) provided that all Closing Conditions have been fulfilled or duly waived and the Scheduled Closing Date has been determined in accordance with Section 20.1, serve notices of early termination, cancellation and/or prepayment (as applicable) in the manner and form required by the terms of, and in accordance with the procedures set forth in...
Repayment of Facilities. 9.1 Repayment by the Borrower Despite anything stated herein, the Facilities in so far as they are not otherwise repaid or discharged by the Borrower in accordance with the terms and/or conditions of this Agreement, shall be repaid by the Borrower on demand by the Bank and until such demand is made, the Borrower shall repay the Facilities together with any interest thereon at the Prevailing Rate and any other charges stated under this Agreement, so that the Indebtedness of the Borrower shall have been fully discharged on the expiry of the tenor or duration of the Facilities.
Repayment of Facilities. (a) Facility A (b) Facility B (c) Payments shall be made by the Borrower to the Lender without set-off or counterclaim in immediately available funds not later than 1:00 p.m. (Eastern time) at the Lender’s designated account located at: The Bank of Nova Scotia New York Agency, 0 Xxxxxxx Xxxxx, Xxxxxx 00-00, Xxx Xxxx, XX, XXX 00000; Fed Funds ABA#02600253-2; Reference: For credit to: GWS Loan Agency Operations, Toronto, Ontario Account #6027-36, Attention: Director, Agency; Re: Seven Seas Water (Trinidad) Unlimited; (d) The Dollar is the currency of account and payment for each and every sum at any time due from the Borrower hereunder; (e) Interest on the Advances shall be payable as per Section 3; (f) All Fees, legal fees and the other expenses shall be payable by the Borrower upon receipt of an invoice from the Lender pursuant to the terms and conditions of this Agreement.
AutoNDA by SimpleDocs
Repayment of Facilities 

Related to Repayment of Facilities

  • Termination of Facilities Declare the principal of and interest on the Loans, the Notes and the Reimbursement Obligations at the time outstanding, and all other amounts owed to the Lenders and to the Administrative Agent under this Agreement or any of the other Loan Documents (including, without limitation, all L/C Obligations, whether or not the beneficiaries of the then outstanding Letters of Credit shall have presented or shall be entitled to present the documents required thereunder) and all other Obligations (other than Hedging Obligations), to be forthwith due and payable, whereupon the same shall immediately become due and payable without presentment, demand, protest or other notice of any kind, all of which are expressly waived, anything in this Agreement or the other Loan Documents to the contrary notwithstanding, and terminate the Credit Facility and any right of the Borrower to request borrowings or Letters of Credit thereunder; provided, that upon the occurrence of an Event of Default specified in Section 12.1(j) or (k), the Credit Facility shall be automatically terminated and all Obligations (other than Hedging Obligations) shall automatically become due and payable without presentment, demand, protest or other notice of any kind, all of which are expressly waived, anything in this Agreement or in any other Loan Document to the contrary notwithstanding.

  • Condition of Facilities (i) Use of the Real Property of Purchaser for the various purposes for which it is presently being used is permitted as of right under all Applicable Laws related to zoning and is not subject to “permitted nonconforming” use or structure classifications. All Improvements are in compliance with all Applicable Laws, including those pertaining to zoning, building and the disabled, are in good repair and in good condition, ordinary wear and tear excepted, and are free from latent and patent defects. To the Knowledge of Purchaser, no part of any Improvement encroaches on any real property not included in the Real Property of Purchaser, and there are no buildings, structures, fixtures or other Improvements primarily situated on adjoining property which encroach on any part of the Land. (ii) Each item of Tangible Personal Property is in good repair and good operating condition, ordinary wear and tear excepted, is suitable for immediate use in the Ordinary Course of Business and is free from latent and patent defects. No item of Tangible Personal Property is in need of repair or replacement other than as part of routine maintenance in the Ordinary Course of Business. Except as disclosed in Schedule 5.1(l)(ii), all Tangible Personal Property used in the Purchaser Business is in the possession of Purchaser.

  • Banking Facilities Schedule 3.25 sets forth a complete and correct list of: (a) each bank, savings and loan or similar financial institution in which the Company or any of its Subsidiaries has an account or safety deposit box and the numbers of such accounts or safety deposit boxes maintained thereat; and (b) the names of all persons authorized to draw on each such account or to have access to any such safety deposit box, together with a description of the authority (and conditions thereto, if any) of each person with respect thereto.

  • Termination of Facility The Borrowers may terminate this Agreement upon at least ten (10) Business Days' notice to the Agent and the Lenders, upon (a) the payment in full of the outstanding Term Loans, together with accrued interest thereon, and (b) the payment in full in cash of all reimbursable expenses and other Obligations.

  • The Credit Facilities Section 2.1 The Revolving Credit Facility.

  • Inspection of Facilities In order to meet their respective obligations under this Agreement, any Party may view or inspect facilities owned by another Party. Provided that reasonable notice is given, a Party shall not unreasonably deny access to relevant facilities for viewing or inspection by the requesting Party.

  • Amount of facility Subject to the other provisions of this Agreement, the Lenders shall make available to the Borrower a senior secured post-delivery term loan facility of up to $460,000,000, in two Advances, for the purpose stated in the preamble to this Agreement.

  • Maintenance of Facilities 5.1 The Network Customer shall maintain its facilities necessary to reliably receive capacity and energy from the Host Transmission Owner’s transmission system consistent with Good Utility Practice. The Transmission Provider or Host Transmission Owner, as appropriate, may curtail service under this Operating Agreement to limit or prevent damage to generating or transmission facilities caused by the Network Customer’s failure to maintain its facilities in accordance with Good Utility Practice, and the Transmission Provider or Host Transmission Owner may seek as a result any appropriate relief from the Commission. 5.2 The Designated Representatives shall establish procedures to coordinate the maintenance schedules, and return to service, of the generating resources and transmission and substation facilities, to the greatest extent practical, to ensure sufficient transmission resources are available to maintain system reliability and reliability of service. 5.3 The Network Customer shall obtain: (1) concurrence from the Transmission Provider before beginning any scheduled maintenance of facilities which could impact the operation of the Transmission System over which transmission service is administered by Transmission Provider; and (2) clearance from the Transmission Provider when the Network Customer is ready to begin maintenance on a transmission line or substation. The Transmission Provider shall coordinate clearances with the Host Transmission Owner. The Network Customer shall notify the Transmission Provider and the Host Transmission Owner as soon as practical at the time when any unscheduled or forced outages occur and again when such unscheduled or forced outages end.

  • Use of Facilities 34.1. In situations where the CLEC has the use of the facilities (i.e., local loop) to a specific customer premise, either through resale of local service or the lease of the local loop as an Unbundled Network Element, and Sprint receives a good faith request for service from a customer at the same premise or from another carrier with the appropriate customer authorization, the procedures below will apply. 34.1.1. Sprint will process such orders and provision services consistent with the terms contained in Section 82, of this Agreement. 34.1.2. Where CLEC is using a single facility to provide service to multiple end user customers, Sprint will not disconnect that facility as a result of the following procedures. 34.1.3. Sprint will follow methods prescribed by the FCC and any applicable state regulation for carrier change verification. 34.1.4. Customer with Existing Service Changing Local Service Provider 34.1.4.1. In situations where a CLEC submits an order for an end user customer that is changing local service providers for existing service, and is not adding service (i.e., an additional line), Sprint will process the service request without delay, and provide the losing local service provider a customer loss notification consistent with industry standards. 34.1.5. Customer with Existing Service Adding New Service 34.1.5.1. In situations where an order is submitted for an end user customer adding service to existing service (i.e., an additional line), the order should be marked as an additional line and CLEC’s facilities will not be affected. 34.1.6. Customer Requesting New Service where Previous Customer has Abandoned Service 34.1.6.1. In the case where an end user customer vacates premises without notifying the local service provider and a new end user customer moves into the vacated premises and orders new service from a local service provider neither Sprint nor the previous local service provider are aware that the original end user customer has abandoned the service in place. 34.1.6.2. When a carrier requests service at a location and marks the order as abandoned and CLEC is the previous local service provider, Sprint shall notify CLEC via fax that it has had a request for service at the premise location that is currently being served by CLEC; 34.1.6.3. If available to Sprint, Sprint shall include the name and address of the party receiving service at such locations, but at a minimum shall provide local service address location information; 34.1.7. If CLEC does not respond within twenty-four (24) hours after receiving Sprint’s notification or if CLEC responds relinquishing the facilities, Sprint shall be free to use the facilities in question and Sprint shall issue a disconnect order with respect to the CLEC service at that location. If CLEC responds stating that the service is working and should not be disconnected, Sprint will notify the carrier ordering service and request verification of the address and location or the submission of an order for an additional line.

  • No Dedication of Facilities Any undertaking by one Party to the other Party under any provision of this Agreement shall not constitute the dedication of the system or any portion thereof by the Party to the public or to the other Party, and it is understood and agreed that any such undertaking under any provision of this Agreement by a Party shall cease upon the termination of its obligations hereunder.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!