Repayment of Facility B Loans. (a) If the Borrower has drawn a Facility B Loan, the Borrower shall repay that Loan on the last day of its Interest Period. The Borrower shall repay the principal amount outstanding under Facility B in full on the Termination Date. (b) Without prejudice to the Borrower's obligation under paragraph (a) above and so long as each condition precedent in clause 4.2(a) (Further conditions precedent) is satisfied or otherwise waived by the Agent, if: (i) one or more Facility B Loans are to be made available to the Borrower: (A) on the same day that a maturing Facility B Loan is due to be repaid by the Borrower; and (B) in whole or in part for the purpose of refinancing the maturing Facility B Loan; and (ii) the proportion borne by each Lxxxxx's participation in the maturing Facility B Loan to the amount of that maturing Facility B Loan is the same as the proportion borne by that Lxxxxx's participation in the new Facility B Loans to the aggregate amount of those new Facility B Loans, the aggregate amount of the new Facility B Loans shall, unless the Borrower notifies the Agent to the contrary in the relevant Utilisation Request, be treated as if applied in or towards repayment of the maturing Facility B Loan so that: (A) if the amount of the maturing Facility B Loan exceeds the aggregate amount of the new Facility B Loans: (1) the Borrower will only be required to make a payment under Clause 36.1 (Payments to the Agent) in an amount equal to that excess; and (2) each Lender's participation in the new Facility B Loans shall be treated as having been made available and applied by the Borrower in or towards repayment of that Lxxxxx's participation in the maturing Facility B Loan and that Lender will not be required to make a payment under Clause 36.1 (Payments to the Agent) in respect of its participation in the new Facility B Loans; and (B) if the amount of the maturing Facility B Loan is equal to or less than the aggregate amount of the new Facility B Loans: (1) the Borrower will not be required to make a payment under Clause 36.1 (Payments to the Agent); and (2) each Lender will be required to make a payment under Clause 36.1 (Payments to the Agent) in respect of its participation in the new Facility B Loans only to the extent that its participation in the new Facility B Loans exceeds that Lxxxxx's participation in the maturing Facility B Loan and the remainder of that Lxxxxx's participation in the new Facility B Loans shall be treated as having been made available and applied by the Borrower in or towards repayment of that Lxxxxx's participation in the maturing Facility B Loan.
Appears in 2 contracts
Samples: Syndicated Facility Agreement (Metals Acquisition LTD), Syndicated Facility Agreement (Metals Acquisition Corp)
Repayment of Facility B Loans. (a) If the Borrower has drawn a The Company shall repay each Facility B Loan, the Borrower shall repay that Loan on the last day of its Interest Period. The Borrower shall repay the principal amount outstanding under Facility B in full on the Termination Date.
(b) Without prejudice to the BorrowerCompany's obligation under paragraph (a) above and so long as each condition precedent in clause 4.2(a) (Further conditions precedent) is satisfied or otherwise waived by the Agentabove, if:
(i) if one or more Facility B Loans are to be made available to the BorrowerCompany:
(Ai) on the same day that a maturing Facility B Loan is due to be repaid by the BorrowerCompany; and
(Bii) in whole or in part for the purpose of refinancing the maturing Facility B Loan; and
(ii) the proportion borne by each Lxxxxx's participation in the maturing Facility B Loan to the amount of that maturing Facility B Loan is the same as the proportion borne by that Lxxxxx's participation in the new Facility B Loans to the aggregate amount of those new Facility B Loans, the aggregate amount of the new Facility B Loans shall, unless the Borrower notifies the Agent to the contrary in the relevant Utilisation Request, shall be treated as if applied in or towards repayment of the maturing Facility B Loan so that:
(A) if the amount of the maturing Facility B Loan exceeds the aggregate amount of the new Facility B Loans:
(1) the Borrower Company will only be required to make a payment under Clause 36.1 (Payments to the Agent) in pay an amount in cash in the relevant currency equal to that excess; and
(2) each Lender's participation (if any) in the new Facility B Loans shall be treated as having been made available and applied by the Borrower Company in or towards repayment of that LxxxxxLender's participation (if any) in the maturing Facility B Loan and that Lender will not be required to make a payment under Clause 36.1 (Payments to the Agent) in respect of its participation in the new Facility B LoansLoans available in cash; and
(B) if the amount of the maturing Facility B Loan is equal to or less than the aggregate amount of the new Facility B Loans:
(1) the Borrower Company will not be required to make a any payment under Clause 36.1 (Payments to the Agent)in cash; and
(2) each Lender will be required to make a payment under Clause 36.1 (Payments to the Agent) in respect of its participation in the new Facility B Loans available in cash only to the extent that its participation (if any) in the new Facility B Loans exceeds that LxxxxxLender's participation (if any) in the maturing Facility B Loan and the remainder of that LxxxxxLender's participation in the new Facility B Loans shall be treated as having been made available and applied by the Borrower Company in or towards repayment of that LxxxxxLender's participation in the maturing Facility B Loan.
(C) Any Facility B Loan remaining outstanding on the Termination Date shall be repaid on that date.
Appears in 2 contracts
Samples: Facility Agreement (Synnex Corp), Facility Agreement (Synnex Corp)
Repayment of Facility B Loans. (a) If the Each Borrower which has drawn a Facility B Loan, the Borrower Loan shall repay that Loan on the last day of its Interest Period. The Borrower shall repay the principal amount outstanding under Facility B in full on the Termination Date.
(b) Without prejudice to the each Borrower's ’s obligation under paragraph (a) above and so long as each condition precedent in clause 4.2(a) (Further conditions precedent) is satisfied or otherwise waived by the Agentabove, if:
(i) one or more Facility B Loans are to be made available to the a Borrower:
(A) on the same day that a maturing Facility B Loan is due to be repaid by the that Borrower; and
(B) in whole or in part for the purpose of refinancing the maturing Facility B Loan; and
(ii) the proportion borne by each Lxxxxx's Lender’s participation in the maturing Facility B Loan to the amount of that maturing Facility B Loan is the same as the proportion borne by that Lxxxxx's Lender’s participation in the new Facility B Loans to the aggregate amount of those new Facility B Loans, the aggregate amount of the new Facility B Loans shall, unless the Borrower Parent notifies the Agent to the contrary in the relevant Utilisation Request, be treated as if applied in or towards repayment of the maturing Facility B Loan so that:
(A) if the amount of the maturing Facility B Loan exceeds the aggregate amount of the new Facility B Loans:
(1) the relevant Borrower will only be required to make a payment under Clause 36.1 28.1 (Payments to the Agent) in an amount in the relevant currency equal to that excess; and
(2) each Lender's ’s participation (if any) in the new Facility B Loans shall be treated as having been made available and applied by the Borrower in or towards repayment of that Lxxxxx's Lender’s participation (if any) in the maturing Facility B Loan and that Lender will not be required to make a payment under Clause 36.1 28.1 (Payments to the Agent) in respect of its participation in the new Facility B Loans; and
(B) if the amount of the maturing Facility B Loan is equal to or less than the aggregate amount of the new Facility B Loans:
(1) the relevant Borrower will not be required to make a payment under Clause 36.1 28.1 (Payments to the Agent); ) and
(2) each Lender will be required to make a payment under Clause 36.1 28.1 (Payments to the Agent) in respect of its participation in the new Facility B Loans only to the extent that its participation in the new Facility B Loans exceeds that Lxxxxx's Lender’s participation in the maturing Facility B Loan and the remainder of that Lxxxxx's Lender’s participation in the new Facility B Loans shall be treated as having been made available and applied by the Borrower in or towards repayment of that Lxxxxx's Lender’s participation in the maturing Facility B Loan.
Appears in 1 contract
Repayment of Facility B Loans. (a) If the The Borrower which has drawn a Facility B Loan, the Borrower Loan shall repay that Loan on the last day of its Interest Period. The Borrower shall repay the principal amount outstanding under All Facility B Loans remaining outstanding on the Final Repayment Date shall be repaid in full on the Termination Final Repayment Date.
(b) Without prejudice to the Borrower's ’s obligation under paragraph (a) above and so long as each condition precedent in clause 4.2(a) (Further conditions precedent) is satisfied or otherwise waived by the Agentabove, if:
(i) one or more Facility B Loans are to be made available to the Borrower:
(A) on the same day that a maturing Facility B Loan is due to be repaid by the Borrower; and
(B) in whole or in part for the purpose of refinancing the maturing Facility B Loan; and
(ii) the proportion borne by each Lxxxxx's Xxxxxx’s participation in the maturing Facility B Loan to the amount of that maturing Facility B Loan is the same as the proportion borne by that Lxxxxx's Xxxxxx’s participation in the new Facility B Loans to the aggregate amount of those new Facility B Loans, the aggregate amount of the new Facility B Loans shall, unless the Borrower notifies the Agent to the contrary in the relevant Utilisation Request, be treated as if applied in or towards repayment of the maturing Facility B Loan so that:
(A) if the amount of the maturing Facility B Loan exceeds the aggregate amount of the new Facility B Loans:
(1) the Borrower will only be required to make a payment under Clause 36.1 26.1 (Payments to the Agent) in an amount equal to that excess; and
(2) each Lender's ’s participation in the new Facility B Loans shall be treated as having been made available and applied by the Borrower in or towards repayment of that Lxxxxx's Xxxxxx’s participation in the maturing Facility B Loan and that Lender will not be required to make a payment under Clause 36.1 26.1 (Payments to the Agent) in respect of its participation in the new Facility B Loans; and
(B) if the amount of the maturing Facility B Loan is equal to or less than the aggregate amount of the new Facility B Loans:
(1) the Borrower will not be required to make a payment under Clause 36.1 26.1 (Payments to the Agent); and
(2) each Lender will be required to make a payment under Clause 36.1 (Payments to the Agent) in respect of its participation in the new Facility B Loans only to the extent that its participation in the new Facility B Loans exceeds that Lxxxxx's participation in the maturing Facility B Loan and the remainder of that Lxxxxx's participation in the new Facility B Loans shall be treated as having been made available and applied by the Borrower in or towards repayment of that Lxxxxx's participation in the maturing Facility B Loan.
Appears in 1 contract
Samples: Facilities Agreement (WEIBO Corp)
Repayment of Facility B Loans. (a) If the 7.2.1 Subject to Clause 7.2.3, each Borrower which has drawn a Facility B Loan, the Borrower Loan shall repay that Loan on the last day of its Interest Period. The Borrower shall repay the principal amount outstanding under Facility B in full on the Termination Date.
(b) 7.2.2 Without prejudice to the each Borrower's ’s obligation under paragraph (a) above and so long as each condition precedent in clause 4.2(a) (Further conditions precedent) is satisfied or otherwise waived by the AgentClause 7.2.1, if:
(i) 7.2.2.1 one or more Facility B Loans are to be made available to the a Borrower:
(Aa) on the same day that a maturing Facility B Loan is due to be repaid by that Borrower;
(b) in the Borrowersame currency as the maturing Facility B Loan (unless it arose as a result of the operation of Clause 6.1 (Unavailability of a currency)); and
(Bc) in whole or in part for the purpose of refinancing the maturing Facility B Loan; and
(ii) 7.2.2.2 the proportion borne by each Lxxxxx's Lender’s participation in the maturing Facility B Loan to the amount of that maturing Facility B Loan is the same as the proportion borne by that Lxxxxx's Lender’s participation in the new Facility B Loans to the aggregate amount of those new Facility B Loans, the aggregate amount of the new Facility B Loans shall, unless the Borrower Company notifies the Agent to the contrary in the relevant Utilisation Request, be treated as if applied in or towards repayment of the maturing Facility B Loan so that:
(A) 7.2.2.3 if the amount of the maturing Facility B Loan exceeds the aggregate amount of the new Facility B Loans:
(1a) the relevant Borrower will only be required to make a payment under Clause 36.1 32.1 (Payments to the Agent) in an amount in the relevant currency equal to that excess; and
(2b) each Lender's ’s participation in the new Facility B Loans shall be treated as having been made available and applied by the Borrower in or towards repayment of that Lxxxxx's the Lender’s participation in the maturing Facility B Loan and that Lender will not be required to make a payment under Clause 36.1 32.1 (Payments to the Agent) in respect of its participation in the new Facility B Loans; and
(B) 7.2.2.4 if the amount of the maturing Facility B Loan is equal to or less than the aggregate amount of the new Facility B Loans:
(1a) the relevant Borrower will not be required to make a payment under Clause 36.1 32.1 (Payments to the Agent); ): and
(2b) each Lender lender will be required to make a payment under Clause 36.1 32.1 (Payments to the Agent) in respect of its participation in the new Facility B Loans only to the extent that its participation in the new Facility B Loans exceeds that Lxxxxx's Lender’s participation in the maturing Facility B Loan and the remainder of that Lxxxxx's Lender’s participation in the new Facility B Loans shall be treated as having been made available and applied by the Borrower in or towards repayment of that Lxxxxx's Lender’s participation in the maturing Facility B Loan.
7.2.3 At any time when a Lender becomes a Defaulting Lender, the maturity date of each of the participations of that Lender in the Facility B Loans then outstanding will be automatically extended to the last day of the Availability Period in relation to Facility B and will be treated as separate Facility B Loans (the “Separate Loans”) denominated in the currency in which the relevant participations are outstanding.
7.2.4 A Borrower to whom a Separate Loan is outstanding may prepay that Loan by giving 5 Business Days’ prior notice to the Agent. The Agent will forward a copy of a prepayment notice received in accordance with this Clause 7.2.4 to the Defaulting Lender concerned as soon as practicable on receipt.
7.2.5 Interest in respect of a Separate Loan will accrue for successive Interest Periods selected by the Borrower by the time and date specified by the Agent (acting reasonably) and will be payable by that Borrower to the Agent (for the account of the Defaulting Lender) on the last day of each Interest Period of that Loan.
7.2.6 The terms of this Agreement relating to Facility B Loans generally shall continue to apply to Separate Loans other than to the extent inconsistent with Clauses 7.2.3 to 7.2.5, in which case those clauses shall prevail in respect of any Separate Loan.
Appears in 1 contract
Samples: Term Loan and Multicurrency Revolving Facilities Agreement (AVG Technologies N.V.)
