Repayment of Revolving Facility Loans. (a) Each Borrower which has drawn a Revolving Facility Loan shall repay that Loan on the last day of its Interest Period. (b) Without prejudice to each Borrower’s obligation under paragraph (a) above, if one or more Revolving Facility Loans are to be made available to a Borrower: (i) on the same day that a maturing Revolving Facility Loan is due to be repaid by that Borrower; (ii) in the same currency as the maturing Revolving Facility Loan (unless it arose as a result of the operation of Section 2.51 (Unavailability of a Currency)); and (iii) in whole or in part for the purpose of refinancing the maturing Revolving Facility Loan; the aggregate amount of the new Revolving Facility Loans shall be treated as if applied in or towards repayment of the maturing Revolving Facility Loan so that: (A) if the amount of the maturing Revolving Facility Loan exceeds the aggregate amount of the new Revolving Facility Loans: (1) the relevant Borrower will only be required to pay an amount in cash in the relevant currency equal to that excess; and (2) each Lender’s participation (if any) in the new Revolving Facility Loans shall be treated as having been made available and applied by the applicable Borrower in or towards repayment of that Lender’s participation (if any) in the maturing Revolving Facility Loan and that Lender will not be required to make its participation in the new Revolving Facility Loans available in cash; and (B) if the amount of the maturing Revolving Facility Loan is equal to or less than the aggregate amount of the new Revolving Facility Loans: (1) the relevant Borrower will not be required to make any payment in cash; and (2) each Lender will be required to make its participation in the new Revolving Facility Loans available in cash only to the extent that its participation (if any) in the new Revolving Facility Loans exceeds that Lender’s participation (if any) in the maturing Revolving Facility Loan and the remainder of that Lender’s participation in the new Revolving Facility Loans shall be treated as having been made available and applied by the applicable Borrower in or towards repayment of that Lender’s participation in the maturing Revolving Facility Loan.
Appears in 2 contracts
Samples: Credit Agreement (1295728 Alberta ULC), Credit Agreement (1295728 Alberta ULC)
Repayment of Revolving Facility Loans. (a) Each Borrower which has drawn a Revolving Facility Loan shall repay that Loan on the last day of its Interest PeriodPeriod or, if earlier, the Termination Date.
(b) Without prejudice to each Borrower’s 's obligation under paragraph (a) above, if if:
(i) one or more Revolving Facility Loans (Original) or one or more Revolving Facility Loans (New Liquidity Facility) are to be made available to a Borrower:Borrower (in each case, a New Revolving Facility Loan):
(iA) on the same day that a maturing Revolving Facility Loan (Original) or Revolving Facility Loan (New Liquidity Facility) (as applicable) (in each case, a Maturing Revolving Facility Loan) is due to be repaid by that Borrower;
(iiB) in the same currency as the maturing Maturing Revolving Facility Loan (unless it arose as a result of the operation of Section 2.51 (Unavailability of a Currency))Loan; and
(iiiC) in whole or in part for the purpose of refinancing the maturing Maturing Revolving Facility Loan; and
(ii) the proportion borne by each Lender's participation in the Maturing Revolving Facility Loan to the amount of that Maturing Revolving Facility Loan is the same as the proportion borne by that Lender's participation in the New Revolving Facility Loans to the aggregate amount of those New Revolving Facility Loans, the aggregate amount of the new New Revolving Facility Loans shall shall, unless the relevant Borrower or the Company notifies the Agent to the contrary in the relevant Utilisation Request, be treated as if applied in or towards repayment of the maturing Maturing Revolving Facility Loan so that:
(A) if the amount of the maturing Maturing Revolving Facility Loan exceeds the aggregate amount of the new New Revolving Facility Loans:
(1) I. the relevant Borrower will only be required to pay make a payment under Clause 40.1 (Payments to the Agent) in an amount in cash in the relevant currency equal to that excess; and
(2) II. each Lender’s 's participation (if any) in the new New Revolving Facility Loans shall be treated as having been made available and applied by the applicable Borrower in or towards repayment of that Lender’s 's participation (if any) in the maturing Maturing Revolving Facility Loan and that Lender will not be required to make a payment under Clause 40.1 (Payments to the Agent) in respect of its participation in the new New Revolving Facility Loans available in cashLoans; and
(B) if the amount of the maturing Maturing Revolving Facility Loan is equal to or less than the aggregate amount of the new New Revolving Facility Loans:
(1) I. the relevant Borrower will not be required to make any a payment in cashunder Clause 40.1 (Payments to the Agent); and
(2) II. each Lender will be required to make a payment under Clause 40.1 (Payments to the Agent) in respect of its participation in the new New Revolving Facility Loans available in cash only to the extent that its participation (if any) in the new New Revolving Facility Loans exceeds that Lender’s 's participation (if any) in the maturing Maturing Revolving Facility Loan and the remainder of that Lender’s 's participation in the new New Revolving Facility Loans shall be treated as having been made available and applied by the applicable Borrower in or towards repayment of that Lender’s 's participation in the maturing Maturing Revolving Facility Loan.
(c) At any time when a Lender becomes a Defaulting Lender, the maturity date of each of the participations of that Lender in the Revolving Facility Loans then outstanding will be automatically extended to the Termination Date in relation to the relevant Revolving Facility and will be treated as separate Revolving Facility Loans (the Separate Loans).
(d) A Borrower to whom a Separate Loan is outstanding may prepay that Loan by giving three Business Days' prior notice to the Agent. The Agent will forward a copy of a prepayment notice received in accordance with this paragraph (d) to the Defaulting Lender concerned as soon as practicable on receipt.
(e) 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 that Defaulting Lender) on the last day of each Interest Period of that Loan.
(f) The terms of this Agreement relating to Revolving Facility Loans generally shall continue to apply to Separate Loans other than to the extent inconsistent with paragraphs (c) to (e) above, in which case those paragraphs shall prevail in respect of any Separate Loan.
(g) Without prejudice to the Company’s obligations under paragraph (a) above, if any repayment of a Term Loan is required to be made pursuant to Clause 6.1(b)(ii) (Repayment of Term Loans), the Company shall on such Term Facility Repayment Date repay each Revolving Facility Loan (New Liquidity Facility) in full together with the accrued interest on the amount repaid and, subject to any Break Costs, without premium or penalty, and the Revolving Facility Commitments (New Liquidity Facility) will be immediately thereafter be cancelled in full.
Appears in 1 contract
Samples: Facilities Agreement (StarTek, Inc.)
Repayment of Revolving Facility Loans. (a) Each Subject to paragraphs (b) and (c) below, each Borrower which has drawn a Revolving Facility Loan shall repay that Revolving Facility Loan on the last day of its Interest Period.
(b) Each Borrower which has drawn a Revolving Facility Loan that remains outstanding on the Termination Date shall repay that Revolving Facility Loan on the Termination Date.
(c) Without prejudice to each Borrower’s obligation under paragraph (a) above, if one or more Loans under the same Revolving Facility Loans are to be made available to a Borrower:
(i) on the same day that a maturing Loan under that Revolving Facility Loan is due to be repaid by that Borrower;
(ii) in the same currency as the maturing Revolving Facility Loan (unless it arose as a result of the operation of Section 2.51 Clause 6.2 (Unavailability of a Currencycurrency)); and
(iii) in whole or in part for the purpose of refinancing the maturing Revolving Facility Loan; the aggregate amount of the new Revolving Facility Loans Loan(s) shall be treated as if applied in or towards repayment of the maturing Revolving Facility Loan so that:
(A) if the amount of the maturing Revolving Facility Loan exceeds the aggregate amount of the new Revolving Facility Loans:Loan(s):
(1I) the relevant Borrower will only be required to pay an amount in cash in the relevant currency equal to that excess; and
(2II) each Lender’s participation (if any) in the new Revolving Facility Loans Loan(s) shall be treated as having been made available and applied by the applicable Borrower in or towards repayment of that Lender’s participation (if any) in the maturing Revolving Facility Loan and that Lender will not be required to make its participation in the new Revolving Facility Loans Loan(s) available in cash; and
(B) if the amount of the maturing Revolving Facility Loan is equal to or less than the aggregate amount of the new Revolving Facility Loans:Loan(s):
(1I) the relevant Borrower will not be required to make any payment in cash; and
(2II) each Lender will be required to make its participation in the new Revolving Facility Loans Loan(s) available in cash only to the extent that its participation (if any) in the new Revolving Facility Loans Loan(s) exceeds that Lender’s participation (if any) in the maturing Revolving Facility Loan and the remainder of that Lender’s participation in the new Revolving Facility Loans Loan(s) shall be treated as having been made available and applied by the applicable Borrower in or towards repayment of that Lender’s participation in the maturing Revolving Facility Loan.
(d) At any time when a Lender becomes a Defaulting Lender, the maturity date of each of the participations of that Lender in the Revolving Facility Loans then outstanding will be automatically extended to the Termination Date in relation to the Revolving Facility and will be treated as separate Revolving Facility Loans (the “Separate Loans”) under Facility C, Facility D or Facility E (as applicable) denominated in the currency in which the relevant participations are outstanding.
(e) A Borrower to whom a Separate Loan is outstanding may prepay that Loan by giving three Business Days’ prior notice to the Agent. The Agent will forward a copy of the prepayment notice received in accordance with this paragraph (e) to the Defaulting Lender concerned as soon as practicable on receipt.
(f) 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 that Defaulting Lender) on the last day of each Interest Period of that Loan.
(g) The terms of this Agreement relating to Revolving Facility Loans generally shall continue to apply to Separate Loans other than to the extent inconsistent with paragraphs (d) to (f) above, in which case those paragraphs shall prevail in respect of any Separate Loan.
Appears in 1 contract
Samples: Senior Term and Revolving Facilities Agreement (Melrose PLC)
Repayment of Revolving Facility Loans. (a) Each Borrower which has drawn a Revolving Facility Loan shall repay that Loan on the last day of its Interest PeriodPeriod or, if earlier, the Termination Date.
(b) Without prejudice to each Borrower’s 's obligation under paragraph (a) above, if if:
(i) one or more Revolving Facility Loans are to be made available to a Borrower:Borrower (in each case, a New Revolving Facility Loan):
(iA) on the same day that a maturing Revolving Facility Loan (in each case, a Maturing Revolving Facility Loan) is due to be repaid by that Borrower;
(iiB) in the same currency as the maturing Maturing Revolving Facility Loan (unless it arose as a result of the operation of Section 2.51 (Unavailability of a Currency))Loan; and
(iiiC) in whole or in part for the purpose of refinancing the maturing Maturing Revolving Facility Loan; and the proportion borne by each Lender's participation in the Maturing Revolving Facility Loan to the amount of that Maturing Revolving Facility Loan is the same as the proportion borne by that Lender's participation in the New Revolving Facility Loans to the aggregate amount of those New Revolving Facility Loans,
(ii) the aggregate amount of the new New Revolving Facility Loans shall shall, unless the relevant Borrower or the Company notifies the Agent to the contrary in the relevant Utilisation Request, be treated as if applied in or towards repayment of the maturing Maturing Revolving Facility Loan so that:
(A) if the amount of the maturing Maturing Revolving Facility Loan exceeds the aggregate amount of the new New Revolving Facility Loans:
(1) I. the relevant Borrower will only be required to pay make a payment under Clause 40.1 (Payments to the Agent) in an amount in cash in the relevant currency equal to that excess; and
(2) II. each Lender’s 's participation (if any) in the new New Revolving Facility Loans shall be treated as having been made available and applied by the applicable Borrower in or towards repayment of that Lender’s 's participation (if any) in the maturing Maturing Revolving Facility Loan and that Lender will not be required to make a payment under Clause 40.1 (Payments to the Agent) in respect of its participation in the new New Revolving Facility Loans available in cashLoans; and
(B) if the amount of the maturing Maturing Revolving Facility Loan is equal to or less than the aggregate amount of the new New Revolving Facility Loans:
(1) I. the relevant Borrower will not be required to make any a payment in cashunder Clause 40.1 (Payments to the Agent); and
(2) II. each Lender will be required to make a payment under Clause 40.1 (Payments to the Agent) in respect of its participation in the new New Revolving Facility Loans available in cash only to the extent that its participation (if any) in the new New Revolving Facility Loans exceeds that Lender’s 's participation (if any) in the maturing Maturing Revolving Facility Loan and the remainder of that Lender’s 's participation in the new New Revolving Facility Loans shall be treated as having been made available and applied by the applicable Borrower in or towards repayment of that Lender’s 's participation in the maturing Maturing Revolving Facility Loan.
(c) At any time when a Lender becomes a Defaulting Lender, the maturity date of each of the participations of that Lender in the Revolving Facility Loans then outstanding will be automatically extended to the Termination Date in relation to the relevant Revolving Facility and will be treated as separate Revolving Facility Loans (the Separate Loans).
(d) A Borrower to whom a Separate Loan is outstanding may prepay that Loan by giving three Business Days' prior notice to the Agent. The Agent will forward a copy of a prepayment notice received in accordance with this paragraph (d) to the Defaulting Lender concerned as soon as practicable on receipt.
(e) 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 that Defaulting Lender) on the last day of each Interest Period of that Loan.
(f) The terms of this Agreement relating to Revolving Facility Loans generally shall continue to apply to Separate Loans other than to the extent inconsistent with paragraphs (c) to (e) above, in which case those paragraphs shall prevail in respect of any Separate Loan.
Appears in 1 contract
Samples: Facilities Agreement (StarTek, Inc.)
Repayment of Revolving Facility Loans. (a) Each Subject to paragraphs (b) and (c) below, each Borrower which has drawn a Revolving Facility Loan shall repay that Revolving Facility Loan on the last day of its Interest Period.
(b) Without prejudice to each Borrower’s 's obligation under paragraph (a) above, if one or more Revolving Facility Loans are to be made available to a the Borrower:
(i) on the same day that a one or more maturing Revolving Facility Loan is Loan(s) are due to be repaid by that the Borrower;
(ii) in the same currency as the maturing Revolving Facility Loan (unless it arose as a result of the operation of Section 2.51 (Unavailability of a Currency)Loan(s); and
(iii) in whole or in part for the purpose of refinancing the maturing Revolving Facility Loan; Loan(s), 58 Project Meria: Senior Facilties Agreement the aggregate amount of the new Revolving Facility Loans shall Loan(s) shall, unless the relevant Borrower or the Company notifies the Agent to the contrary in the relevant Utilisation Request, be treated as if applied in or towards repayment of the maturing Revolving Facility Loan Loan(s) so that:
(A) if the aggregate amount of the maturing Revolving Facility Loan Loan(s) exceeds the aggregate amount of the new Revolving Facility Loans:
(1) Loan(s), the relevant Borrower will only be required to pay make a payment under Clause 30.1 (Payments to the Agent) in an amount in cash in the relevant currency equal to that excess; and
(2) each Lender’s participation (if any) in the new Revolving Facility Loans shall be treated as having been made available and applied by the applicable Borrower in or towards repayment of that Lender’s participation (if any) in the maturing Revolving Facility Loan and that Lender will not be required to make its participation in the new Revolving Facility Loans available in cash; and;
(B) if the aggregate amount of the maturing Revolving Facility Loan Loan(s) is equal to or less than the aggregate amount of the new Revolving Facility Loans:
(1) Loan(s), the relevant Borrower will not be required to make any a payment under Clause 30.1 (Payments to the Agent);
(C) to the extent that a Lender's participation (if any) in cashthe maturing Revolving Facility Loan(s) exceeds its participation in the new Revolving Facility Loan(s) (an "Individual Lender Shortfall"), that Xxxxxx's participation (if any) in the new Revolving Facility Loan(s) shall be treated as having been made available and applied by the Borrower in or towards repayment of that Xxxxxx's participation in the maturing Revolving Facility Loan(s) and that Lender will not be required to make a payment under Clause 30.1 (Payments to the Agent) in respect of its participation in the new Revolving Facility Loan(s); and
(2D) each Lender will be required to make a payment under Clause 30.1 (Payments to the Agent) in respect of its participation in the new Revolving Facility Loans available in cash Loan(s) only to the extent that its participation (if any) in the new Revolving Facility Loans Loan(s) exceeds that Lender’s its participation (if any) in the maturing Revolving Facility Loan Loan(s) and the remainder of that Lender’s Xxxxxx's participation in the new Revolving Facility Loans Loan(s) shall be treated as having been made available and applied by the applicable Borrower in or towards repayment of that Lender’s Xxxxxx's participation in the maturing Revolving Facility Loan(s), and the Agent may apply any payment made under Clause 30.1 (Payments to the Agent) in respect of a participation in any new Revolving Facility Loans pursuant to sub-paragraph (D) above in repayment of any Individual Lender Shortfall relating to the corresponding maturing Revolving Facility Loan(s) referred to in sub-paragraph (C) above.
(c) If any Revolving Facility Loan is not repaid on the last day of its Interest Period (the "Maturing Revolving Facility Loan") and the applicable Borrower (or the Company on its behalf) has not notified the Agent that it intends to repay the Maturing Revolving Facility Loan on the last day of its Interest Period, a Rollover Loan (with an Interest Period corresponding to the Maturing Revolving Facility Loan) shall be deemed to have been drawn on the last day of the Interest Period for, and applied in repayment of, the Maturing Revolving Facility Loan.
(d) The Borrower shall repay, or procure the repayment of, the aggregate outstanding principal amount of each Revolving Facility Loan borrowed by it in full upon the date on which the aggregate outstanding principal amount of all Facility B Loans borrowed by it are repaid in full (and following any such repayment of a Revolving Facility Loan, the corresponding Revolving Facility Commitments shall be cancelled). 59 Project Meria: Senior Facilties Agreement
Appears in 1 contract
Repayment of Revolving Facility Loans. (a) Each Subject to paragraph (c) below, each Borrower under the Revolving Facility which has drawn a Revolving Facility Loan shall repay that Loan on the last day of its Interest Period.
(b) Without prejudice to each Borrower’s obligation under paragraph (a) above, if one or more Revolving Facility Loans are to be made available to a Borrower:
(i) on the same day that a maturing Revolving Facility Loan is due to be repaid by that Borrower;
(ii) in the same currency as the maturing Revolving Facility Loan (unless it arose as a result of the operation of Section 2.51 Clause 8.2 (Unavailability of a Currencycurrency)); and
(iii) in whole or in part for the purpose of refinancing the maturing Revolving Facility Loan; , the aggregate amount of the new Revolving Facility Loans shall shall, unless the relevant Borrower or the Company notifies the Facility Agent to the contrary in the relevant Utilisation Request, be treated as if applied in or towards repayment of the maturing Revolving Facility Loan so that:
(A) if the amount of the maturing Revolving Facility Loan exceeds the aggregate amount of the new Revolving Facility Loans:
(1) . the relevant Borrower will only be required to pay an amount in cash in the relevant currency equal to that excess; and
(2) . each Lender’s participation (if any) in the new Revolving Facility Loans shall be treated as having been made available and applied by the applicable Borrower in or towards repayment of that Lender’s participation (if any) in the maturing Revolving Facility Loan and that Lender will not be required to make its participation in the new Revolving Facility Loans available in cash; and
(B) if the amount of the maturing Revolving Facility Loan is equal to or less than the aggregate amount of the new Revolving Facility Loans:
(1) . the relevant Borrower will not be required to make any payment in cash; and
(2) . each Lender will be required to make its participation in the new Revolving Facility Loans available in cash only to the extent that its participation (if any) in the new Revolving Facility Loans exceeds that Lender’s participation (if any) in the maturing Revolving Facility Loan and the remainder of that Lender’s participation in the new Revolving Facility Loans shall be treated as having been made available and applied by the applicable Borrower in or towards repayment of that Lender’s participation in the maturing Revolving Facility Loan.
(c) At any time when a Lender becomes a Defaulting Lender, the maturity date of each of the participations of that Lender in the Revolving Facility Loans then outstanding will be automatically extended to the Revolving Facility Termination Date and will be treated as separate Revolving Facility Loans (the “Separate Loans”) denominated in the currency in which the relevant participations are outstanding.
(d) A Borrower to whom a Separate Loan is outstanding may prepay that Loan by giving five Business Days’ prior notice to the Facility Agent. The Facility Agent will forward a copy of a prepayment notice received in accordance with this paragraph (d) to the Defaulting Lender concerned as soon as practicable on receipt.
(e) 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 Facility Agent (acting reasonably) and will be payable by that Borrower to the Defaulting Lender on the last day of each Interest Period of that Loan.
(f) The terms of this Agreement relating to Revolving Facility Loans generally shall continue to apply to Separate Loans other than to the extent inconsistent with paragraphs (c) to (e) above, in which case those paragraphs shall prevail in respect of any Separate Loan.
(g) The Company will ensure that on each date a Revolving Facility Loan is repaid in accordance with this Clause 9, the aggregate Base Currency equivalent of Revolving Facility Loans does not exceed the Total Revolving Facility Commitments.
Appears in 1 contract
Samples: Term and Revolving Facilities Agreement (ShangPharma Corp)
Repayment of Revolving Facility Loans. (a) Each Subject to paragraph (d) below, each Borrower which has drawn a Revolving Facility Loan shall repay that Loan on the last day of its Interest Period.
(b) Without prejudice to each Borrower’s obligation under paragraph (a) above, if if:
(i) one or more Revolving Facility Loans are to be made available to a Borrower:
(iA) on the same day that a maturing Revolving Facility Loan is due to be repaid by that Borrower;
(iiB) in the same currency as the maturing Revolving Facility Loan (unless it arose as a result of the operation of Section 2.51 (Unavailability of a Currency))Loan; and
(iiiC) in whole or in part for the purpose of refinancing the maturing Revolving Facility Loan; and
(ii) the proportion borne by each Xxxxxx’s participation in the maturing Revolving Facility Loan to the amount of that maturing Revolving Facility Loan is the same as the proportion borne by that Xxxxxx’s participation in the new Revolving Facility Loans to the aggregate amount of those new Revolving Facility Loans, the aggregate amount of the new Revolving Facility Loans shall shall, unless the relevant Borrower or the Parent notifies the Agent to the contrary in the relevant Utilisation Request, be treated as if applied in or towards repayment of the maturing Revolving Facility Loan so that:
(A) if the amount of the maturing Revolving Facility Loan exceeds the aggregate amount of the new Revolving Facility Loans:
(1) the relevant Borrower will only be required to pay make a payment under Clause 34.1 (Payments to the Agent) in an amount in cash in the relevant currency equal to that excess; and
(2) each Lender’s participation (if any) in the new Revolving Facility Loans shall be treated as having been made available and applied by the applicable Borrower in or towards repayment of that LenderXxxxxx’s participation (if any) in the maturing Revolving Facility Loan and that Lender will not be required to make a payment under Clause 34.1 (Payments to the Agent) in respect of its participation in the new Revolving Facility Loans available in cashLoans; and
(B) if the amount of the maturing Revolving Facility Loan is equal to or less than the aggregate amount of the new Revolving Facility Loans:
(1) the relevant Borrower will not be required to make any a payment in cashunder Clause 34.1 (Payments to the Agent); and
(2) each Lender will be required to make a payment under Clause 34.1 (Payments to the Agent) in respect of its participation in the new Revolving Facility Loans available in cash only to the extent that its participation (if any) in the new Revolving Facility Loans exceeds that LenderXxxxxx’s participation (if any) in the maturing Revolving Facility Loan and the remainder of that LenderXxxxxx’s participation in the new Revolving Facility Loans shall be treated as having been made available and applied by the applicable Borrower in or towards repayment of that LenderXxxxxx’s participation in the maturing Revolving Facility Loan.
(c) The Borrowers shall repay the Revolving Facility Loans in full on Termination Date.
(d) At any time when a Lender becomes a Defaulting Lender, the maturity date of each of the participations of that Lender in the Revolving Facility Loans then outstanding will be automatically extended to the Termination Date applicable to the Revolving Facility and will be treated as separate Revolving Facility Loans (the “Separate Loans”) denominated in the currency in which the relevant participations are outstanding.
(e) If the Borrower makes a prepayment of a Revolving Facility Utilisation pursuant to Clause 8.4 (Voluntary prepayment of Revolving Facility Utilisations), a Borrower to whom a Separate Loan is outstanding may prepay that Loan by giving not less than ten Business Days’ prior notice to the Agent. The proportion borne by the amount of the prepayment of the Separate Loan to the amount of the Separate Loans shall not exceed the proportion borne by the amount of the prepayment of the Revolving Facility Utilisation to the Revolving Facility Utilisations. The Agent will forward a copy of a prepayment notice received in accordance with this paragraph (e) to the Defaulting Lender concerned as soon as practicable on receipt.
(f) 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 that Defaulting Lender) on the last day of each Interest Period of that Loan.
(g) The terms of this Agreement relating to Revolving Facility Loans generally shall continue to apply to Separate Loans other than to the extent inconsistent with paragraphs (c) to (f) above, in which case those paragraphs shall prevail in respect of any Separate Loan.
Appears in 1 contract
Samples: Facility Agreement
Repayment of Revolving Facility Loans. (a) Each Borrower which has drawn a Revolving Facility Loan shall repay that Revolving Facility Loan on the last day of its Interest Period.
(b) Without prejudice to each Borrower’s obligation under paragraph (a) above, if one or more Revolving Facility Loans are to be made available to a Borrower:
(i) on the same day that a maturing Revolving Facility Loan is due to be repaid by that Borrower;
(ii) in the same currency as the maturing Revolving Facility Loan (unless it arose as a result of the operation of Section 2.51 Clause 11.2 (Unavailability of a Currencycurrency)); and
(iii) in whole or in part for the purpose of refinancing the maturing Revolving Facility Loan; the aggregate amount of the new Revolving Facility Loans shall shall, unless the Obligors’ Agent notifies the Facility Agent to the contrary in its Utilisation Request, be treated as if applied in or towards repayment of the maturing Revolving Facility Loan so that:
(A) if the amount of the maturing Revolving Facility Loan exceeds the aggregate amount of the new Revolving Facility Loans:
(1) the relevant Borrower will only be required to pay an amount in cash accordance with Clause 36.1 (Payments to an Agent) in the relevant currency equal to that excess; and
(2) each Lender’s participation (if any) in the new Revolving Facility Loans shall be treated as having been made available and applied by the applicable Borrower in or towards repayment of that Lender’s participation (if any) in the maturing Revolving Facility Loan and that Lender will not be required to make its participation in the new Revolving Facility Loans available in cashaccordance with Clause 36.1 (Payments to an Agent); and
(B) if the amount of the maturing Revolving Facility Loan is equal to or less than the aggregate amount of the new Revolving Facility Loans:
(1) the relevant Borrower will not be required to make any payment in cashaccordance with Clause 36.1 (Payments to an Agent); and
(2) each Lender will be required to make its participation in the new Revolving Facility Loans available in cash accordance with Clause 36.1 (Payments to an Agent) only to the extent that its participation (if any) in the new Revolving Facility Loans exceeds that Lender’s participation (if any) in the maturing Revolving Facility Loan and the remainder of that Lender’s participation in the new Revolving Facility Loans shall be treated as having been made available and applied by the applicable Borrower in or towards repayment of that Lender’s participation in the maturing Revolving Facility Loan.
(c) All Revolving Facility Loans must be repaid in full on or before the Final Maturity Date.
(d) At any time when a Lender becomes a Defaulting Lender, the maturity date of each of the participations of that Lender in any Revolving Facility Loans then outstanding will be automatically extended to the Final Maturity Date and will be treated as separate Revolving Facility Loans (the Separate Loans) denominated in the currency in which the relevant participations are outstanding.
(e) A Borrower to whom a Separate Loan is outstanding may prepay that Loan by giving three Business Days’ prior notice to the Facility Agent. The Facility Agent will forward a copy of a prepayment notice received in accordance with this paragraph (e) to the Defaulting Lender concerned as soon as practicable on receipt. Clause 35 (Sharing Among the Lenders) will not apply to the prepayment of a Separate Loan.
(f) Interest in respect of a Separate Loan will accrue for successive Interest Periods selected by the relevant Borrower by the time and date specified by the Facility Agent (acting reasonably) and will be payable by that Borrower to the Defaulting Lender on the last day of each Interest Period of that Loan.
(g) The terms of this Agreement relating to Revolving Facility Loans generally shall continue to apply to Separate Loans other than to the extent inconsistent with paragraphs (c) to (f) above, in which case those paragraphs shall prevail in respect of any Separate Loan.
Appears in 1 contract
Samples: Multicurrency Term and Revolving Facilities and Subscription Agreement (BHP Billiton LTD)
Repayment of Revolving Facility Loans. (a) Each Borrower which has drawn a Revolving Facility Loan shall repay that Loan on the last day of its Interest Period.
(b) Without prejudice to each Borrower’s 's obligation under paragraph (aclause 8.2(a) above, if if:
(i) one or more Acquisition Revolving Facility Loans are to be made available to a Borrower:
(iA) on the same day that a maturing Acquisition Revolving Facility Loan is due to be repaid by that Borrower;
(iiB) in the same currency as the maturing Acquisition Revolving Facility Loan (unless it arose as a result of the operation of Section 2.51 clause 6.2 (Unavailability of a Currencycurrency)); and
(iiiC) in whole or in part for the purpose of refinancing the maturing Acquisition Revolving Facility Loan; and
(ii) the proportion borne by each Xxxxxx's participation in the maturing Acquisition Revolving Facility Loan to the amount of that maturing Acquisition Revolving Facility Loan is the same as the proportion borne by that Xxxxxx's participation in the new Loans to the aggregate amount of those new Acquisition Revolving Facility Loans, the aggregate amount of the new Acquisition Revolving Facility Loans shall shall, unless the relevant Borrower or the Company notifies the Agent to the contrary in the relevant Utilisation Request, be treated as if applied in or towards repayment of the maturing Acquisition Revolving Facility Loan so that:
(A) if the amount of the maturing Acquisition Revolving Facility Loan exceeds the aggregate amount of the new Acquisition Revolving Facility Loans:
(1) the relevant Borrower will only be required to pay make a payment under clause 32.1 (Payments to the Agent) in an amount in cash in the relevant currency equal to that excess; and
(2) each Lender’s 's participation (if any) in the new Acquisition Revolving Facility Loans shall be treated as having been made available and applied by the applicable Borrower in or towards repayment of that Lender’s Xxxxxx's participation (if any) in the maturing Acquisition Revolving Facility Loan and that the Lender will not be required to make a payment under clause 32.1 (Payments to the Agent) in respect of its participation in the new Acquisition Revolving Facility Loans available in cashLoans; and
(B) if the amount of the maturing Acquisition Revolving Facility Loan is equal to or less than the aggregate amount of the new Acquisition Revolving Facility Loans:
(1) the relevant Borrower will not be required to make any a payment in cashunder clause 32.1 (Payments to the Agent); and
(2) each Lender will be required to make a payment under clause
32.1 (Payments to the Agent) in respect of its participation in the new Revolving Facility Loans available in cash only to the extent that its participation (if any) in the new Acquisition Revolving Facility Loans exceeds that Lender’s Xxxxxx's participation (if any) in the maturing Acquisition Revolving Facility Loan and the remainder of that Lender’s Xxxxxx's participation in the new Acquisition Revolving Facility Loans shall be treated as having been made available and applied by the applicable Borrower in or towards repayment of that Lender’s Xxxxxx's participation in the maturing Acquisition Revolving Facility Loan.
(c) Without prejudice to each Borrower's obligation under clause 8.2(a) above, if:
(i) one or more General Revolving Facility Loans are to be made available to a Borrower:
(A) on the same day that a maturing General Revolving Facility Loan is due to be repaid by that Borrower;
(B) in the same currency as the maturing General Revolving Facility Loan (unless it arose as a result of the operation of clause 6.2 (Unavailability of a currency)); and
(C) in whole or in part for the purpose of refinancing the maturing General Revolving Facility Loan; and
(ii) the proportion borne by each Xxxxxx's participation in the maturing General Revolving Facility Loan to the amount of that maturing General Revolving Facility Loan is the same as the proportion borne by that Xxxxxx's participation in the new Loans to the aggregate amount of those new General Revolving Facility Loans, the aggregate amount of the new General Revolving Facility Loans shall, unless the relevant Borrower or the Company notifies the Agent to the contrary in the relevant Utilisation Request, be treated as if applied in or towards repayment of the maturing General Revolving Facility Loan so that:
(A) if the amount of the maturing General Revolving Facility Loan exceeds the aggregate amount of the new General Revolving Facility Loans:
(1) the relevant Borrower will only be required to make a payment under clause 32.1 (Payments to the Agent) in an amount in the relevant currency equal to that excess; and
(2) each Lender's participation in the new General Revolving Facility Loans shall be treated as having been made available and applied by the Borrower in or towards repayment of that Xxxxxx's participation in the maturing General Revolving Facility Loan and the Lender will not be required to make a payment under clause 32.1 (Payments to the Agent) in respect of its participation in the new General Revolving Facility Loans; and
(B) if the amount of the maturing General Revolving Facility Loan is equal to or less than the aggregate amount of the new General Revolving Facility Loans:
(1) the relevant Borrower will not be required to make a payment under clause 32.1 (Payments to the Agent); and
(2) each Lender will be required to make a payment under clause
32.1 (Payments to the Agent) in respect of its participation in the new Loans only to the extent that its participation in the new General Revolving Facility Loans exceeds that Xxxxxx's participation in the maturing General Revolving Facility Loan and the remainder of that Xxxxxx's participation in the new General Revolving Facility Loans shall be treated as having been made available and applied by the Borrower in or towards repayment of that Xxxxxx's participation in the maturing General Revolving Facility Loan.
Appears in 1 contract
Samples: Facilities Agreement
Repayment of Revolving Facility Loans. (a) Each Subject to paragraph (c) below, each Borrower which has drawn a Revolving Facility Loan shall repay that Loan on the last day of its Interest Period.
(b) Without prejudice to each Borrower’s 's obligation under paragraph (a) above, if if:
(i) one or more Revolving Facility Loans are to be made available to a Borrower:
(iA) on the same day and in the same currency that a maturing Revolving Facility Loan is due to be repaid by that Borrower;
(ii) in the same currency as the maturing Revolving Facility Loan (unless it arose as a result of the operation of Section 2.51 (Unavailability of a Currency)); and
(iiiB) in whole or in part for the purpose of refinancing the maturing Revolving Facility Loan; and
(ii) the proportion borne by each Lender's participation in the maturing Revolving Facility Loan to the amount of that maturing Revolving Facility Loan is the same as the proportion borne by that Lender's participation in the new Revolving Facility Loans to the aggregate amount of those new Revolving Facility Loans, the aggregate amount of the new Revolving Facility Loans shall shall, unless the relevant Borrower or the Company notifies the Agent to the contrary in the relevant Utilisation Request, be treated as if applied in or towards repayment of the maturing Revolving Facility Loan so that:
(A) if the amount of the maturing Revolving Facility Loan exceeds the aggregate amount of the new Revolving Facility Loans:
(1) the relevant Borrower will only be required to pay an amount in cash in under Clause 31.1 (Payments to the relevant currency Agent) equal to that excess; and
(2) each Lender’s 's participation (if any) in the new Revolving Facility Loans shall be treated as having been made available and applied by the applicable Borrower in or towards repayment of that Lender’s 's participation (if any) in the maturing Revolving Facility Loan and that Lender will not be required to make its participation in the new Revolving Facility Loans available in cashcash under Clause 31.1 (Payments to the Agent); and
(B) if the amount of the maturing Revolving Facility Loan is equal to or less than the aggregate amount of the new Revolving Facility Loans:
(1) the relevant Borrower will not be required to make any payment in cashcash under Clause 31.1 (Payments to the Agent); and
(2) each Lender will be required to make its participation in the new Revolving Facility Loans available in cash only under Clause 31.1 (Payments to the Agent) to the extent that its participation (if any) in the new Revolving Facility Loans exceeds that Lender’s 's participation (if any) in the maturing Revolving Facility Loan and the remainder of that Lender’s 's participation in the new Revolving Facility Loans shall be treated as having been made available and applied by the applicable Borrower in or towards repayment of that Lender’s 's participation in the maturing Revolving Facility Loan.
(c) At any time when a Lender becomes a Defaulting Lender, the maturity date of each of the participations of that Lender in the Revolving Facility Loans then outstanding will be automatically extended to the Termination Date applicable to the Revolving Facility and will be treated as separate Revolving Facility Loans (the "Separate Loans") denominated in the currency in which the relevant participations are outstanding.
(d) If the Borrower makes a prepayment of a Revolving Facility Loan pursuant to Clause 8.4 (Voluntary prepayment of Revolving Facility Loans), a Borrower to whom a Separate Loan is outstanding may prepay that Loan by giving not less than three Business Days' prior notice to the Agent. The proportion borne by the amount of the prepayment of the Separate Loan to the amount of the Separate Loans shall not exceed the proportion borne by the amount of the prepayment of the Revolving Facility Loan to the Revolving Facility Loans. The Agent will forward a copy of a prepayment notice received in accordance with this paragraph (d) to the Defaulting Lender concerned as soon as practicable on receipt.
(e) 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 that Defaulting Lender) on the last day of each Interest Period of that Loan.
Appears in 1 contract
Samples: Senior Facilities Agreement
Repayment of Revolving Facility Loans. (a) Each Subject to paragraph (c) below, each Borrower which has drawn an Original Revolving Facility Loan or an Additional Revolving Facility Loan or a Refinancing Revolving Facility Loan shall repay that Loan on the last day of its Interest Period.
(b) Without prejudice to each Borrower’s 's obligation under paragraph (a) above, if if:
(i) one or more Original Revolving Facility Loans or Additional Revolving Facility Loans or Refinancing Revolving Facility Loans are to be made available to a BorrowerBorrower under the relevant Facility:
(iA) on the same day that a maturing Revolving Loan under the same Facility Loan is due to be repaid by that Borrower;
(iiB) in the same currency as the maturing Revolving Loan under the same Facility Loan (unless it arose as a result of the operation of Section 2.51 Clause 8.2 (Unavailability of a Currencycurrency)); and
(iiiC) in whole or in part for the purpose of refinancing the maturing Revolving Loan under the same Facility; and
(ii) the proportion borne by each Lender's participation in the maturing Loan under that Facility Loan; to the amount of that maturing Loan is the same as the proportion borne by that Lender's participation in the new Loans under the relevant Facility to the aggregate amount of those new Loans, the aggregate amount of the new Original Revolving Facility Loans shall or Additional Revolving Facility Loans or Refinancing Revolving Facility Loans (as applicable) shall, unless the relevant Borrower or the Obligors’ Agent notifies the Agent to the contrary in the relevant Utilisation Request, be treated as if applied in or towards repayment of the maturing Revolving Loan under the relevant Facility Loan so that:
(A) if the amount of the maturing Original Revolving Facility Loan or Additional Revolving Facility Loan or Refinancing Revolving Facility Loan exceeds the aggregate amount of the new Original Revolving Facility Loans:Loans or Additional Revolving Facility Loans or Refinancing Revolving Facility Loans (as applicable):
(1) I. the relevant Borrower will only be required to pay make a payment under Clause 35.1 (Payments to the Agent) in an amount in cash in the relevant currency equal to that excess; and
(2) II. each Original Revolving Facility Lender’s 's or Additional Revolving Facility Lender's or Refinancing Revolving Facility Lender's participation (if any) in the new Original Revolving Facility Loans or Additional Revolving Facility Loan or Refinancing Revolving Facility Loan shall be treated as having been made available and applied by the applicable Borrower in or towards repayment of that Lender’s 's participation (if any) in the applicable maturing Original Revolving Facility Loan or Additional Revolving Facility Loan or Refinancing Revolving Facility Loan and that Lender will not be required to make a payment under Clause 35.1 (Payments to the Agent) in respect of its participation in the new Original Revolving Facility Loans available in cashor Additional Revolving Facility Loans or Refinancing Revolving Facility Loans (as applicable); and
(B) if the amount of the maturing Original Revolving Facility Loan or Additional Revolving Facility Loan or Refinancing Revolving Facility Loan is equal to or less than the aggregate amount of the new Original Revolving Facility Loans:Loans or Additional Revolving Facility Loans or Refinancing Revolving Facility Loans (as applicable):
(1) I. the relevant Borrower will not be required to make any a payment in cashunder Clause 35.1 (Payments to the Agent); and
II. each Original Revolving Facility Lender or Additional Revolving Facility Lender or Refinancing Revolving Facility Lender (2as applicable) each Lender will be required to make a payment under Clause 35.1 (Payments to the Agent) in respect of its participation in the new Original Revolving Facility Loans available in cash or Additional Revolving Facility Loans or Refinancing Revolving Facility Loans (as applicable) only to the extent that its participation (if any) in the new Original Revolving Facility Loans or Additional Revolving Facility Loans or Refinancing Revolving Facility Loans (as applicable) exceeds that Lender’s 's participation (if any) in the maturing Original Revolving Facility Loan or Additional Revolving Facility Loan or Refinancing Revolving Facility Loan (as applicable) and the remainder of that Lender’s 's participation in the new Original Revolving Facility Loans or Additional Revolving Facility Loans or Refinancing Revolving Facility Loans (as applicable) shall be treated as having been made available and applied by the applicable Borrower in or towards repayment of that Lender’s 's participation in the maturing Original Revolving Facility Loan or Additional Revolving Facility Loan or Refinancing Revolving Facility Loan (as applicable).
(c) At any time when an Original Revolving Facility Lender or Additional Revolving Facility Lender or Refinancing Revolving Facility Lender becomes a Defaulting Lender, the maturity date of each of the participations of that Lender in the Original Revolving Facility Loans or Additional Revolving Facility Loans or Refinancing Revolving Facility Loans (as applicable) then outstanding will be automatically extended to the Termination Date applicable to the Original Revolving Facility or the Additional Revolving Facility or the Refinancing Revolving Facility (as applicable) and will be treated as separate Original Revolving Facility Loans or Additional Revolving Facility Loans or Refinancing Revolving Facility Loans (as appropriate) (the Separate Loans) denominated in the currency in which the relevant participations are outstanding.
(d) If a Revolving Facility Borrower makes a prepayment of an Original Revolving Facility Loan or Additional Revolving Facility Loan or Refinancing Revolving Facility Loan pursuant to Clause 11.5 (Voluntary prepayment of Utilisations of the Revolving Facilities), a Borrower to whom a Separate Loan is outstanding may prepay that Loan by giving not less than five (5) Business Days' prior notice to the Agent. The proportion borne by the amount of the prepayment of the Separate Loan to the amount of the Separate Loans shall not exceed the proportion borne by the amount of the prepayment of the Original Revolving Facility Loan to the Original Revolving Facility Loans or the amount of the prepayment of the Additional Revolving Facility Loan to the Additional Revolving Facility Loans or the amount of the prepayment of the Refinancing Revolving Facility Loan to the Refinancing Revolving Facility Loans (as applicable). The Agent will forward a copy of a prepayment notice received in accordance with this paragraph (d) to the Defaulting Lender concerned as soon as practicable on receipt.
(e) Interest in respect of a Separate Loan will accrue for successive Interest Periods selected by the Revolving Facility Borrower (or the Obligors’ Agent on its behalf) 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 that Defaulting Lender) on the last day of each Interest Period of that Loan.
(f) The terms of this Agreement relating to Original Revolving Facility Loans and Additional Revolving Facility Loans or Refinancing Revolving Facility Loans generally shall continue to apply to Separate Loans other than to the extent inconsistent with paragraphs (c) to (e) above, in which case those paragraphs shall prevail in respect of any Separate Loan.
(g) All Utilisations of the Revolving Facilities shall be repaid in full on the relevant Termination Date.
Appears in 1 contract
Samples: Senior Facilities Agreement (Fintrax US Acquisition Subsidiary, Inc.)
Repayment of Revolving Facility Loans. (a) Each Borrower which has drawn a Revolving Facility Loan shall repay that Loan on the last day of its Interest PeriodPeriod or, if earlier, the Termination Date.
(b) Without prejudice to each Borrower’s 's obligation under paragraph (a) above, if if:
(i) one or more Revolving Facility Loans are to be made available to a Borrower:
(iA) on the same day that a maturing Revolving Facility Loan is due to be repaid by that Borrower;
(iiB) in the same currency as the maturing Revolving Facility Loan (unless it arose as a result of the operation of Section 2.51 (Unavailability of a Currency))Loan; and
(iiiC) in whole or in part for the purpose of refinancing the maturing Revolving Facility Loan; and
(ii) the proportion borne by each Lender's participation in the maturing Revolving Facility Loan to the amount of that maturing Revolving Facility Loan is the same as the proportion borne by that Lender's participation in the new Revolving Facility Loans to the aggregate amount of those new Revolving Facility Loans, the aggregate amount of the new Revolving Facility Loans shall shall, unless the relevant Borrower or the Company notifies the Agent to the contrary in the relevant Utilisation Request, be treated as if applied in or towards repayment of the maturing Revolving Facility Loan so that:
(A) if the amount of the maturing Revolving Facility Loan exceeds the aggregate amount of the new Revolving Facility Loans:
(1) I. the relevant Borrower will only be required to pay make a payment under Clause 40.1 (Payments to the Agent) in an amount in cash in the relevant currency equal to that excess; and
(2) II. each Lender’s 's participation (if any) in the new Revolving Facility Loans shall be treated as having been made available and applied by the applicable Borrower in or towards repayment of that Lender’s 's participation (if any) in the maturing Revolving Facility Loan and that Lender will not be required to make a payment under Clause 40.1 (Payments to the Agent) in respect of its participation in the new Revolving Facility Loans available in cashLoans; and
(B) if the amount of the maturing Revolving Facility Loan is equal to or less than the aggregate amount of the new Revolving Facility Loans:
(1) I. the relevant Borrower will not be required to make any a payment in cashunder Clause 40.1 (Payments to the Agent); and
(2) II. each Lender will be required to make a payment under Clause 40.1 (Payments to the Agent) in respect of its participation in the new Revolving Facility Loans available in cash only to the extent that its participation (if any) in the new Revolving Facility Loans exceeds that Lender’s 's participation (if any) in the maturing Revolving Facility Loan and the remainder of that Lender’s 's participation in the new Revolving Facility Loans shall be treated as having been made available and applied by the applicable Borrower in or towards repayment of that Lender’s 's participation in the maturing Revolving Facility Loan.
(c) At any time when a Lender becomes a Defaulting Lender, the maturity date of each of the participations of that Lender in the Revolving Facility Loans then outstanding will be automatically extended to the Termination Date in relation to the Revolving Facility and will be treated as separate Revolving Facility Loans (the Separate Loans).
(d) A Borrower to whom a Separate Loan is outstanding may prepay that Loan by giving three Business Days' prior notice to the Agent. The Agent will forward a copy of a prepayment notice received in accordance with this paragraph (d) to the Defaulting Lender concerned as soon as practicable on receipt.
(e) 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 that Defaulting Lender) on the last day of each Interest Period of that Loan.
(f) The terms of this Agreement relating to Revolving Facility Loans generally shall continue to apply to Separate Loans other than to the extent inconsistent with paragraphs (c) to (e) above, in which case those paragraphs shall prevail in respect of any Separate Loan.
Appears in 1 contract
Samples: Facilities Agreement (StarTek, Inc.)
Repayment of Revolving Facility Loans. (a) Each Subject to paragraph (c) below, each Borrower which has drawn a Revolving Facility Loan shall repay that Loan on the last day of its Interest Period.
(b) Without prejudice to each Borrower’s 's obligation under paragraph (a) above, if one or more Revolving Facility Loans are to be made available to a Borrower:
(i) on the same day that a maturing Revolving Facility Loan is due to be repaid by that Borrower;
(ii) in the same currency as the maturing Revolving Facility Loan (unless it arose as a result of the operation of Section 2.51 Clause 8.2 (Unavailability of a Currencycurrency)); and
(iii) in whole or in part for the purpose of refinancing the maturing Revolving Facility Loan; the aggregate amount of the new Revolving Facility Loans shall be treated as if applied in or towards repayment of the maturing Revolving Facility Loan so that:
(A) if the amount of the maturing Revolving Facility Loan exceeds the aggregate amount of the new Revolving Facility Loans:
(1) the relevant Borrower will only be required to pay an amount in cash in the relevant currency equal to that excess; and
(2) each Lender’s 's participation (if any) in the new Revolving Facility Loans shall be treated as having been made available and applied by the applicable Borrower in or towards repayment of that Lender’s 's participation (if any) in the maturing Revolving Facility Loan and that Lender will not be required to make its participation in the new Revolving Facility Loans available in cash; and
(B) if the amount of the maturing Revolving Facility Loan is equal to or less than the aggregate amount of the new Revolving Facility Loans:
(1) the relevant Borrower will not be required to make any payment in cash; and
(2) each Lender will be required to make its participation in the new Revolving Facility Loans available in cash only to the extent that its participation (if any) in the new Revolving Facility Loans exceeds that Lender’s participation (if any) in the maturing Revolving Facility Loan and the remainder of that Lender’s participation in the new Revolving Facility Loans shall be treated as having been made available and applied by the applicable Borrower in or towards repayment of that Lender’s participation in the maturing Revolving Facility Loan.
Appears in 1 contract
Samples: Senior Term and Revolving Facilities Agreement (Inspired Entertainment, Inc.)
Repayment of Revolving Facility Loans. (a) Each Subject to paragraph (d) below, each Borrower which has drawn a Revolving Facility Loan shall repay that Loan on the last day of its Interest Period.
(b) Without prejudice to each Borrower’s obligation under paragraph (a) above, if if:
(i) one or more Revolving Facility Loans are to be made available to a Borrower:
(iA) on the same day that a maturing Revolving Facility Loan is due to be repaid by that Borrower;
(iiB) in the same currency as the maturing Revolving Facility Loan (unless it arose as a result of the operation of Section 2.51 (Unavailability of a Currency))Loan; and
(iiiC) in whole or in part for the purpose of refinancing the maturing Revolving Facility Loan; and
(ii) the proportion borne by each Lender’s participation in the maturing Revolving Facility Loan to the amount of that maturing Revolving Facility Loan is the same as the proportion borne by that Lender’s participation in the new Revolving Facility Loans to the aggregate amount of those new Revolving Facility Loans, the aggregate amount of the new Revolving Facility Loans shall shall, unless the relevant Borrower or the Parent notifies the Agent to the contrary in the relevant Utilisation Request, be treated as if applied in or towards repayment of the maturing Revolving Facility Loan so that:
(A) if the amount of the maturing Revolving Facility Loan exceeds the aggregate amount of the new Revolving Facility Loans:
(1) the relevant Borrower will only be required to pay make a payment under Clause 34.1 (Payments to the Agent) in an amount in cash in the relevant currency equal to that excess; and
(2) each Lender’s participation (if any) in the new Revolving Facility Loans shall be treated as having been made available and applied by the applicable Borrower in or towards repayment of that Lender’s participation (if any) in the maturing Revolving Facility Loan and that Lender will not be required to make a payment under Clause 34.1 (Payments to the Agent) in respect of its participation in the new Revolving Facility Loans available in cashLoans; and
(B) if the amount of the maturing Revolving Facility Loan is equal to or less than the aggregate amount of the new Revolving Facility Loans:
(1) the relevant Borrower will not be required to make any a payment in cashunder Clause 34.1 (Payments to the Agent); and
(2) each Lender will be required to make a payment under Clause 34.1 (Payments to the Agent) in respect of its participation in the new Revolving Facility Loans available in cash only to the extent that its participation (if any) in the new Revolving Facility Loans exceeds that Lender’s participation (if any) in the maturing Revolving Facility Loan and the remainder of that Lender’s participation in the new Revolving Facility Loans shall be treated as having been made available and applied by the applicable Borrower in or towards repayment of that Lender’s participation in the maturing Revolving Facility Loan.
(c) The Borrowers shall repay the Revolving Facility Loans in full on Termination Date.
(d) At any time when a Lender becomes a Defaulting Lender, the maturity date of each of the participations of that Lender in the Revolving Facility Loans then outstanding will be automatically extended to the Termination Date applicable to the Revolving Facility and will be treated as separate Revolving Facility Loans (the “Separate Loans”) denominated in the currency in which the relevant participations are outstanding.
(e) If the Borrower makes a prepayment of a Revolving Facility Utilisation pursuant to Clause 8.4 (Voluntary prepayment of Revolving Facility Utilisations), a Borrower to whom a Separate Loan is outstanding may prepay that Loan by giving not less than ten Business Days’ prior notice to the Agent. The proportion borne by the amount of the prepayment of the Separate Loan to the amount of the Separate Loans shall not exceed the proportion borne by the amount of the prepayment of the Revolving Facility Utilisation to the Revolving Facility Utilisations. The Agent will forward a copy of a prepayment notice received in accordance with this paragraph (e) to the Defaulting Lender concerned as soon as practicable on receipt.
(f) 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 that Defaulting Lender) on the last day of each Interest Period of that Loan.
(g) The terms of this Agreement relating to Revolving Facility Loans generally shall continue to apply to Separate Loans other than to the extent inconsistent with paragraphs (c) to (f) above, in which case those paragraphs shall prevail in respect of any Separate Loan.
Appears in 1 contract
Samples: Senior Facilities Agreement
Repayment of Revolving Facility Loans. (a) Each Borrower which has drawn a Subject to paragraph (c) below, the Company shall repay each Revolving Facility Loan shall repay that Loan on the last day of its Interest Period.
(b) Without prejudice to each Borrowerthe Company’s obligation under paragraph (a6.1(a) above, if if:
(i) one or more Revolving Facility Loans are to be made available to a Borrowerthe Company:
(iA) on the same day that a maturing Revolving Facility Loan is due to be repaid by that Borrower;
(ii) in the same currency as the maturing Revolving Facility Loan (unless it arose as a result of the operation of Section 2.51 (Unavailability of a Currency))Company; and
(iiiB) in whole or in part for the purpose of refinancing the maturing Revolving Facility Loan; and
(ii) the proportion borne by each Lender’s participation in the maturing Revolving Facility Loan to the amount of that maturing Revolving Facility Loan is the same as the proportion borne by that Lender’s participation in the new Revolving Facility Loans to the aggregate amount of those new Revolving Facility Loans, the aggregate amount of the new Revolving Facility Loans shall shall, unless the Company notifies the Agent to the contrary in the relevant Utilisation Request, be treated as if applied in or towards repayment of the maturing Revolving Facility Loan so that:
(A) if the amount of the maturing Revolving Facility Loan exceeds the aggregate amount of the new Revolving Facility Loans:
(1I) the relevant Borrower Company will only be required to pay make a payment under Clause 28.1 (Payments to the Agent) in an amount in cash in the relevant currency equal to that excess; and
(2II) each Lender’s participation (if any) in the new Revolving Facility Loans shall be treated as having been made available and applied by the applicable Borrower Company in or towards repayment of that Lender’s participation (if any) in the maturing Revolving Facility Loan and that Lender will not be required to make a payment under Clause 28.1 (Payments to the Agent) in respect of its participation in the new Revolving Facility Loans available in cashLoans; and
(B) if the amount of the maturing Revolving Facility Loan is equal to or less than the aggregate amount of the new Revolving Facility Loans:
(1I) the relevant Borrower Company will not be required to make any a payment in cashunder Clause 28.1 (Payments to the Agent); and
(2II) each Lender will be required to make a payment under Clause 28.1 (Payments to the Agent) in respect of its participation in the new Revolving Facility Loans available in cash only to the extent that its participation (if any) in the new Revolving Facility Loans exceeds that Lender’s participation (if any) in the maturing Revolving Facility Loan and the remainder of that Lender’s participation in the new Revolving Facility Loans shall be treated as having been made available and applied by the applicable Borrower Company in or towards repayment of that Lender’s participation in the maturing Revolving Facility Loan.
(c) At any time when a Lender becomes a Defaulting Lender, the maturity date of each of the participations of that Lender in the Revolving Facility Loans then outstanding will be automatically extended to the Final Repayment Date in relation to the Revolving Facility and will be treated as separate Revolving Facility Loans (the “Separate Loans”).
(d) The Company may prepay a Separate Loan by giving two Business Days’ prior notice to the Agent. The Agent will forward a copy of a prepayment notice received in accordance with this paragraph (d) to the Defaulting Lender concerned as soon as practicable on receipt.
(e) Interest in respect of a Separate Loan will accrue for successive Interest Periods selected by the Company by the time and date specified by the Agent (acting reasonably) and will be payable by the Company to the Agent (for the account of that Defaulting Lender) on the last day of each Interest Period of that Loan.
(f) The terms of this Agreement relating to Revolving Facility Loans generally shall continue to apply to Separate Loans other than to the extent inconsistent with paragraphs (c) to (e) above, in which case those paragraphs shall prevail in respect of any Separate Loan.
Appears in 1 contract
Repayment of Revolving Facility Loans. (a) Each Borrower which has drawn a Revolving Facility Loan shall repay that Loan on the last day of its Interest Period.
(b) Without prejudice to each Borrower’s 's obligation under paragraph (aclause 9.2(a) above, if one or more Revolving Facility Loans are to be made available to a Borrower:
(i) on the same day that a maturing Revolving Facility Loan is due to be repaid by that Borrower;
(ii) in the same currency as the maturing Revolving Facility Loan (unless it arose as a result of the operation of Section 2.51 clause 6.2 (Unavailability of a Currencycurrency)); and
(iii) in whole or in part for the purpose of refinancing the maturing Revolving Facility Loan; , the aggregate amount of the new Revolving Facility Loans shall be treated as if applied in or towards repayment of the maturing Revolving Facility Loan so that:
(A) if the amount of the maturing Revolving Facility Loan exceeds the aggregate amount of the new Revolving Facility Loans:
(1) the relevant Borrower will only be required to pay an amount in cash in the relevant currency equal to that excess; and
(2) each Lender’s 's participation (if any) in the new Revolving Facility Loans shall be treated as having been made available and applied by the applicable Borrower in or towards repayment of that Lender’s 's participation (if any) in the maturing Revolving Facility Loan and that Lender will not be required to make its participation in the new Revolving Facility Loans available in cash; and
(B) if the amount of the maturing Revolving Facility Loan is equal to or less than the aggregate amount of the new Revolving Facility Loans:
(1) the relevant Borrower will not be required to make any payment in cash; and
(2) each Lender will be required to make its participation in the new Revolving Facility Loans available in cash only to the extent that its participation (if any) in the new Revolving Facility Loans exceeds that Lender’s 's participation (if any) in the maturing Revolving Facility Loan and the remainder of that Lender’s 's participation in the new Revolving Facility Loans shall be treated as having been made available and applied by the applicable Borrower in or towards repayment of that Lender’s 's participation in the maturing Revolving Facility Loan.
Appears in 1 contract
Repayment of Revolving Facility Loans. (a) Each Borrower of an Incremental Facility which is made available as a revolving facility shall repay the relevant Incremental Facility Loans under such Incremental Facility in the manner described in paragraphs (b) to (g) below as if such Incremental Facility Loan were a Revolving Facility Loan.
(b) Subject to paragraph (d) below, each Borrower which has drawn a Revolving Facility Loan shall repay that Revolving Facility Loan on the last day of its Interest Period.
(bc) Without prejudice to each Borrower’s obligation under paragraph (a) above, if if:
(i) one or more Revolving Facility Loans are to be made available to a Borrower:
(iA) on the same day that a maturing Revolving Facility Loan is due to be repaid by that Borrower;
(iiB) in the same currency as the maturing Revolving Facility Loan (unless it arose as a result of the operation of Section 2.51 (Unavailability of a Currency))Loan; and
(iiiC) in whole or in part for the purpose of refinancing the maturing Revolving Facility Loan; and
(ii) the proportion borne by each Lender’s participation in the maturing Revolving Facility Loan to the amount of that maturing Revolving Facility Loan is the same as the proportion borne by that Lender’s participation in the new Revolving Facility Loans to the aggregate amount of those new Revolving Facility Loans, the aggregate amount of the new Revolving Facility Loans shall shall, unless the relevant Borrower or the Company notifies the Agent to the contrary in the relevant Utilisation Request, be treated as if applied in or towards repayment of the maturing Revolving Facility Loan so that:
(A) if the amount of the maturing Revolving Facility Loan exceeds the aggregate amount of the new Revolving Facility Loans:
(1) the relevant Borrower will only be required to pay make a payment under Clause 33.1 (Payments to the Agent) in an amount in cash in the relevant currency equal to that excess; and
(2) each Lender’s participation (if any) in the new Revolving Facility Loans shall be treated as having been made available and applied by the applicable Borrower in or towards repayment of that Lender’s participation (if any) in the maturing Revolving Facility Loan and that Lender will not be required to make a payment under Clause 33.1 (Payments to the Agent) in respect of its participation in the new Revolving Facility Loans available in cashLoans; and
(B) if the amount of the maturing Revolving Facility Loan is equal to or less than the aggregate amount of the new Revolving Facility Loans:;
(1) the relevant Borrower will not be required to make any a payment in cashunder Clause 33.1 (Payments to the Agent); and
(2) each Lender will be required to make a payment under Clause 33.1 (Payments to the Agent) in respect of its participation in the new Revolving Facility Loans available in cash only to the extent that its participation (if any) in the new Revolving Facility Loans exceeds that Lender’s participation (if any) in the maturing Revolving Facility Loan and that the remainder of that Lender’s participation in the new Revolving Facility Loans shall be treated as having been made available and applied by the applicable Borrower in or towards repayment of that Lender’s participation in the maturing Revolving Facility Loan.
(d) At any time when a Lender becomes a Defaulting Lender, the maturity date of each of the participations of that Lender in the Revolving Facility Loans then outstanding will be automatically extended to the Maturity Date and will be treated as separate Revolving Facility Loans (the “Separate Loans”) denominated in the currency in which the relevant participations are outstanding.
(e) If a Borrower makes a prepayment of a Revolving Facility Loan pursuant to Clause 10.3 (Voluntary prepayment), it may prepay a Separate Loan that is outstanding by giving not less than three Business Days’ prior notice to the Agent. The Agent will forward a copy of a prepayment notice received in accordance with this paragraph (e) to the Defaulting Lender concerned as soon as practicable on receipt.
(f) Interest in respect of a Separate Loan will accrue for successive Interest Periods selected by the Borrower (or the Company on its behalf) 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 that Defaulting Lender) on the last day of each Interest Period of that Loan.
(g) The terms of this Agreement relating to Revolving Facility Loans generally shall continue to apply to Separate Loans other than to the extent inconsistent with paragraphs (d) to (f) above, in which case those paragraphs shall prevail in respect of any Separate Loan.
Appears in 1 contract
Samples: Senior Facilities Agreement
Repayment of Revolving Facility Loans. (a) Each Borrower which has drawn a Revolving Facility Loan To the extent not previously paid, all outstanding Loans shall repay that Loan be due and payable on the last day of its Interest PeriodMaturity Date.
(b) Without prejudice Notwithstanding anything to each Borrower’s obligation under paragraph (a) abovethe contrary contained in this Agreement, if one at the time of any repayment or more prepayment required or permitted hereunder (including, without limitation, any voluntary or mandatory prepayment pursuant to Section 2.11 and any application of proceeds pursuant to Section 5.11) (x) an Availability Triggering Event then exists or would exist after giving effect to such repayment or prepayment or (y) Current Asset Revolving Facility Availability before or after giving effect to such repayment or prepayment is less than $20.0 million, then, subject to the terms of the Intercreditor Agreement, (i) any such repayment or prepayment from proceeds of Current Asset Revolving Facility Priority Collateral (net of reasonable transaction costs in the case of any sale thereof) shall be applied to any Current Asset Obligations then due and payable until all such Current Asset Obligations have been paid in full and (ii) any such repayment or prepayment from proceeds of Fixed Asset Revolving Facility Priority Collateral (net of reasonable transaction costs in the case of any sale thereof) shall be applied to any Fixed Asset Obligations then due and payable until such Fixed Asset Obligation have been paid in full (with any such repayment or prepayment otherwise to be applied in accordance with Section 2.18(b)).
(c) Prior to any repayment of any Revolving Facility Loans, the Borrower shall select the Borrowing or Borrowings to be repaid and shall notify the Administrative Agent by telephone (confirmed by telecopy) of such selection not later than 1:00 p.m., Local Time, three Business Days before the scheduled date of such repayment. Each repayment of a Borrowing shall be applied to the Revolving Facility Loans are to be made available to a Borrower:
(i) on included in the same day repaid Borrowing such that a maturing each Revolving Facility Lender under the applicable Tranche receives its ratable share of such repayment (based upon the respective Current Asset Revolving Facility Credit Exposure or Fixed Asset Revolving Facility Credit Exposure, as the case may be, of the applicable Revolving Facility Lenders at the time of such repayment). Notwithstanding anything to the contrary in the immediately preceding sentence, prior to any repayment of a Swingline Loan is due hereunder, the Borrower shall select the Borrowing or Borrowings to be repaid and shall notify the Administrative Agent by that Borrower;
telephone (iiconfirmed by telecopy) in of such selection not later than 1:00 p.m., Local Time, on the same currency as the maturing Revolving Facility Loan (unless it arose as a result scheduled date of the operation such repayment. Repayments of Section 2.51 (Unavailability of a Currency)); and
(iii) in whole or in part for the purpose of refinancing the maturing Revolving Facility Loan; the aggregate amount of the new Revolving Facility Loans Eurocurrency Borrowings shall be treated as if applied in or towards repayment of the maturing Revolving Facility Loan so that:
(A) if accompanied by accrued interest on the amount of the maturing Revolving Facility Loan exceeds the aggregate amount of the new Revolving Facility Loans:
(1) the relevant Borrower will only be required to pay an amount in cash in the relevant currency equal to that excess; and
(2) each Lender’s participation (if any) in the new Revolving Facility Loans shall be treated as having been made available and applied by the applicable Borrower in or towards repayment of that Lender’s participation (if any) in the maturing Revolving Facility Loan and that Lender will not be required to make its participation in the new Revolving Facility Loans available in cash; and
(B) if the amount of the maturing Revolving Facility Loan is equal to or less than the aggregate amount of the new Revolving Facility Loans:
(1) the relevant Borrower will not be required to make any payment in cash; and
(2) each Lender will be required to make its participation in the new Revolving Facility Loans available in cash only to the extent that its participation (if any) in the new Revolving Facility Loans exceeds that Lender’s participation (if any) in the maturing Revolving Facility Loan and the remainder of that Lender’s participation in the new Revolving Facility Loans shall be treated as having been made available and applied by the applicable Borrower in or towards repayment of that Lender’s participation in the maturing Revolving Facility Loanrepaid.
Appears in 1 contract
Repayment of Revolving Facility Loans. (a) Each The Borrowers shall procure that all amounts outstanding under the Revolving Facility are repaid and cancelled in full on the Termination Date for the Revolving Facility.
(b) Subject to clause 8.2(d), each Borrower which has drawn a Revolving Facility Loan shall repay that Loan on the last day of its Interest Period.
(bc) Without prejudice to each Borrower’s 's obligation under paragraph clause 8.2(a), if:
(ai) above, if one or more Revolving Facility Loans are to be made available to a Borrower:
(iA) on the same day that a maturing Revolving Facility Loan is due to be repaid by that Borrower;
(iiB) in the same currency as the maturing Revolving Facility Loan (unless it arose as a result of the operation of Section 2.51 (Unavailability of a Currency))Loan; and
(iiiC) in whole or in part for the purpose of refinancing the maturing Revolving Facility Loan; and
(ii) the proportion borne by each Lender's participation in the maturing Revolving Facility Loan to the amount of that maturing Revolving Facility Loan is the same as the proportion borne by that Lender's participation in the new Revolving Facility Loans to the aggregate amount of those new Revolving Facility Loans, the aggregate amount of the new Revolving Facility Loans shall shall, unless the relevant Borrower or the Parent notifies the Agent to the contrary in the relevant Utilisation Request, be treated as if applied in or towards repayment of the maturing Revolving Facility Loan so that:
(A) if the amount of the maturing Revolving Facility Loan exceeds the aggregate amount of the new Revolving Facility Loans:
(1) the relevant Borrower will only be required to pay make a payment under clause 33.1 (Payments to the Agent) in an amount in cash in the relevant currency equal to that excess; and
(2) each Lender’s 's participation (if any) in the new Revolving Facility Loans shall be treated as having been made available and applied by the applicable Borrower in or towards repayment of that Lender’s 's participation (if any) in the maturing Revolving Facility Loan and that Lender will not be required to make a payment under clause 33.1 (Payments to the Agent) in respect of its participation in the new Revolving Facility Loans available in cashLoans; and
(B) if the amount of the maturing Revolving Facility Loan is equal to or less than the aggregate amount of the new Revolving Facility Loans:
(1) the relevant Borrower will not be required to make any a payment in cashunder clause 33.1 (Payments to the Agent); and
(2) each Lender will be required to make a payment under clause 33.1 (Payments to the Agent) in respect of its participation in the new Revolving Facility Loans available in cash only to the extent that its participation (if any) in the new Revolving Facility Loans exceeds that Lender’s 's participation (if any) in the maturing Revolving Facility Loan and the remainder of that Lender’s 's participation in the new Revolving Facility Loans shall be treated as having been made available and applied by the applicable Borrower in or towards repayment of that Lender’s 's participation in the maturing Revolving Facility Loan.
(d) At any time when a Lender becomes a Defaulting Lender, the maturity date of each of the participations of that Lender in the Revolving Facility Loans then outstanding will be automatically extended to the Termination Date applicable to the Revolving Facility and will be treated as separate Revolving Facility Loans (the "Separate Loans") denominated in the currency in which the relevant participations are outstanding.
(e) If the Borrower makes a prepayment of a Revolving Facility Loan pursuant to clause 9.4 (Voluntary prepayment of Revolving Facility Loans), a Borrower to whom a Separate Loan is outstanding may prepay that Loan by giving not less than five Business Days' prior notice to the Agent. The proportion borne by the amount of the prepayment of the Separate Loan to the amount of the Separate Loans shall not exceed the proportion borne by the amount of the prepayment of the Revolving Facility Loan to the Revolving Facility Loans. The Agent will forward a copy of a prepayment notice received in accordance with this clause 8.2(e) to the Defaulting Lender concerned as soon as practicable on receipt.
(f) 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 that Defaulting Lender) on the last day of each Interest Period of that Loan.
(g) The terms of this Agreement relating to Revolving Facility Loans generally shall continue to apply to Separate Loans other than to the extent inconsistent with clauses 8.2(d) to 8.2(f), in which case those clauses shall prevail in respect of any Separate Loan.
Appears in 1 contract
Repayment of Revolving Facility Loans. (a) Each Subject to paragraph (d) below, each Borrower which has drawn a Revolving Facility Loan shall repay that Loan on the last day of its Interest Period.
(b) The Borrowers under a Revolving Facility shall repay the aggregate outstanding Revolving Facility Loans (if any) in full on the Termination Date applicable to the relevant Revolving Facility.
(c) Without prejudice to each Borrower’s obligation under paragraph (a) above, if if:
(i) one or more Revolving Facility Loans are to be made available to a Borrower:
(iA) on the same day that a maturing Revolving Facility Loan is due to be repaid by that Borrower;
(iiB) in the same currency as the maturing Revolving Facility Loan (unless it arose as a result of the operation of Section 2.51 Clause 6.2 (Unavailability of a Currencycurrency)); and
(iiiC) in whole or in part for the purpose of refinancing the maturing Revolving Facility Loan; and
(ii) the proportion borne by each Xxxxxx’s participation in the maturing Revolving Facility Loan to the amount of that maturing Revolving Facility Loan is the same as the proportion borne by that Xxxxxx’s participation in the new Revolving Facility Loans to the aggregate amount of those new Revolving Facility Loans, the aggregate amount of the new Revolving Facility Loans shall shall, unless the relevant Borrower or the Company notifies the Agent to the contrary in the relevant Utilisation Request, be treated as if applied in or towards repayment of the maturing Revolving Facility Loan so that:
(A) if the amount of the maturing Revolving Facility Loan exceeds the aggregate amount of the new Revolving Facility Loans:
(1) the relevant Borrower will only be required to pay make a payment under Clause 34.1 (Payments to the Agent) in an amount in cash in the relevant currency equal to that excess; and
(2) each Lender’s participation (if any) in the new Revolving Facility Loans shall be treated as having been made available and applied by the applicable Borrower in or towards repayment of that LenderXxxxxx’s participation (if any) in the maturing Revolving Facility Loan and that Lender will not be required to make a payment under Clause 34.1 (Payments to the Agent) in respect of its participation in the new Revolving Facility Loans available in cashLoans; and
(B) if the amount of the maturing Revolving Facility Loan is equal to or less than the aggregate amount of the new Revolving Facility Loans:
(1) the relevant Borrower will not be required to make any a payment in cashunder Clause 34.1 (Payments to the Agent); and
(2) each Lender will be required to make a payment under Clause 34.1 (Payments to the Agent) in respect of its participation in the new Revolving Facility Loans available in cash only to the extent that its participation (if any) in the new Revolving Facility Loans exceeds that LenderXxxxxx’s participation (if any) in the maturing Revolving Facility Loan and the remainder of that LenderXxxxxx’s participation in the new Revolving Facility Loans shall be treated as having been made available and applied by the applicable Borrower in or towards repayment of that LenderXxxxxx’s participation in the maturing Revolving Facility Loan.
(d) At any time when a Lender becomes a Defaulting Lender, the maturity date of each of the participations of that Lender in the Revolving Facility Loans then outstanding will be automatically extended to the Termination Date applicable to the relevant Revolving Facility and will be treated as separate Revolving Facility Loans (the “Separate Loans”) denominated in the currency in which the relevant participations are outstanding.
(e) If the Borrower makes a prepayment of a Revolving Facility Loan pursuant to Clause 10.4 (Voluntary prepayment of Revolving Facility Loans), a Borrower to whom a Separate Loan is outstanding may prepay that Loan by giving not less than three Business Days’ prior notice to the Agent. The proportion borne by the amount of the prepayment of the Separate Loan to the amount of the Separate Loans shall not exceed the proportion borne by the amount of the prepayment of the Revolving Facility Loan to the Revolving Facility Loans. The Agent will forward a copy of a prepayment notice received in accordance with this paragraph (e) to the Defaulting Lender concerned as soon as practicable on receipt.
(f) 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 that Defaulting Lender) on the last day of each Interest Period of that Loan.
(g) The terms of this Agreement relating to Revolving Facility Loans generally shall continue to apply to Separate Loans other than to the extent inconsistent with paragraphs (d) to (f) above, in which case those paragraphs shall prevail in respect of any Separate Loan.
Appears in 1 contract
Repayment of Revolving Facility Loans. (a) Each Borrower which has drawn a Revolving Facility Loan shall repay that Loan on the last day of its Interest Period.
(b) Without prejudice to each Borrower’s obligation under paragraph (aclause 9.2(a) above, if one or more Revolving Facility Loans are to be made available to a Borrower:
(i) on the same day that a maturing Revolving Facility Loan is due to be repaid by that Borrower;
(ii) in the same currency as the maturing Revolving Facility Loan (unless it arose as a result of the operation of Section 2.51 clause 6.2 (Unavailability of a Currencycurrency)); and
(iii) in whole or in part for the purpose of refinancing the maturing Revolving Facility Loan; the aggregate amount of the new Revolving Facility Loans shall be treated as if applied in or towards repayment of the maturing Revolving Facility Loan so that:
(A) if the amount of the maturing Revolving Facility Loan exceeds the aggregate amount of the new Revolving Facility Loans:
(1) the relevant Borrower will only be required to pay an amount in cash in the relevant currency equal to that excess; and
(2) each Lender’s participation (if any) in the new Revolving Facility Loans shall be treated as having been made available and applied by the applicable Borrower in or towards repayment of that Lender’s participation (if any) in the maturing Revolving Facility Loan and that Lender will not be required to make its participation in the new Revolving Facility Loans available in cash; and
(B) if the amount of the maturing Revolving Facility Loan is equal to or less than the aggregate amount of the new Revolving Facility Loans:
(1) the relevant Borrower will not be required to make any payment in cash; and
(2) each Lender will be required to make its participation in the new Revolving Facility Loans available in cash only to the extent that its participation (if any) in the new Revolving Facility Loans exceeds that Lender’s participation (if any) in the maturing Revolving Facility Loan and the remainder of that Lender’s participation in the new Revolving Facility Loans shall be treated as having been made available and applied by the applicable Borrower in or towards repayment of that Lender’s participation in the maturing Revolving Facility Loan.
Appears in 1 contract
Repayment of Revolving Facility Loans. (a) Each Subject to paragraphs (b) and (c) below, each Borrower which has drawn a Revolving Facility Loan shall repay that Revolving Facility Loan on the last day of its Interest Period.
(b) Without prejudice to each Borrower’s 's obligation under paragraph (a) above, if one or more Revolving Facility Loans are to be made available to a the Borrower:
(i) on the same day that a one or more maturing Revolving Facility Loan is Loan(s) are due to be repaid by that the Borrower;
(ii) in the same currency as the maturing Revolving Facility Loan (unless it arose as a result of the operation of Section 2.51 (Unavailability of a Currency)Loan(s); and
(iii) in whole or in part for the purpose of refinancing the maturing Revolving Facility Loan; Loan(s), 58 Project Meria: Senior Facilties Agreement the aggregate amount of the new Revolving Facility Loans shall Loan(s) shall, unless the relevant Borrower or the Company notifies the Agent to the contrary in the relevant Utilisation Request, be treated as if applied in or towards repayment of the maturing Revolving Facility Loan Loan(s) so that:
(A) if the aggregate amount of the maturing Revolving Facility Loan Loan(s) exceeds the aggregate amount of the new Revolving Facility Loans:
(1) Loan(s), the relevant Borrower will only be required to pay make a payment under Clause 30.1 (Payments to the Agent) in an amount in cash in the relevant currency equal to that excess; and
(2) each Lender’s participation (if any) in the new Revolving Facility Loans shall be treated as having been made available and applied by the applicable Borrower in or towards repayment of that Lender’s participation (if any) in the maturing Revolving Facility Loan and that Lender will not be required to make its participation in the new Revolving Facility Loans available in cash; and;
(B) if the aggregate amount of the maturing Revolving Facility Loan Loan(s) is equal to or less than the aggregate amount of the new Revolving Facility Loans:
(1) Loan(s), the relevant Borrower will not be required to make any a payment under Clause 30.1 (Payments to the Agent);
(C) to the extent that a Lender's participation (if any) in cashthe maturing Revolving Facility Loan(s) exceeds its participation in the new Revolving Facility Loan(s) (an "Individual Lender Shortfall"), that Lxxxxx's participation (if any) in the new Revolving Facility Loan(s) 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 Revolving Facility Loan(s) and that Lender will not be required to make a payment under Clause 30.1 (Payments to the Agent) in respect of its participation in the new Revolving Facility Loan(s); and
(2D) each Lender will be required to make a payment under Clause 30.1 (Payments to the Agent) in respect of its participation in the new Revolving Facility Loans available in cash Loan(s) only to the extent that its participation (if any) in the new Revolving Facility Loans Loan(s) exceeds that Lender’s its participation (if any) in the maturing Revolving Facility Loan Loan(s) and the remainder of that Lender’s Lxxxxx's participation in the new Revolving Facility Loans Loan(s) shall be treated as having been made available and applied by the applicable Borrower in or towards repayment of that Lender’s Lxxxxx's participation in the maturing Revolving Facility Loan(s), and the Agent may apply any payment made under Clause 30.1 (Payments to the Agent) in respect of a participation in any new Revolving Facility Loans pursuant to sub-paragraph (D) above in repayment of any Individual Lender Shortfall relating to the corresponding maturing Revolving Facility Loan(s) referred to in sub-paragraph (C) above.
(c) If any Revolving Facility Loan is not repaid on the last day of its Interest Period (the "Maturing Revolving Facility Loan") and the applicable Borrower (or the Company on its behalf) has not notified the Agent that it intends to repay the Maturing Revolving Facility Loan on the last day of its Interest Period, a Rollover Loan (with an Interest Period corresponding to the Maturing Revolving Facility Loan) shall be deemed to have been drawn on the last day of the Interest Period for, and applied in repayment of, the Maturing Revolving Facility Loan.
(d) The Borrower shall repay, or procure the repayment of, the aggregate outstanding principal amount of each Revolving Facility Loan borrowed by it in full upon the date on which the aggregate outstanding principal amount of all Facility B Loans borrowed by it are repaid in full (and following any such repayment of a Revolving Facility Loan, the corresponding Revolving Facility Commitments shall be cancelled). 59 Project Meria: Senior Facilties Agreement
Appears in 1 contract
Repayment of Revolving Facility Loans. (a) Each Borrower which has drawn a Revolving Facility Loan shall repay that Loan on the last day of its Interest PeriodPeriod or, if earlier, the Termination Date.
(b) Without prejudice to each Borrower’s 's obligation under paragraph (a) above, if if:
(i) one or more Revolving Facility Loans are to be made available to a Borrower:
(iA) on the same day that a maturing Revolving Facility Loan is due to be repaid by that Borrower;
(iiB) in the same currency as the maturing Revolving Facility Loan (unless it arose as a result of the operation of Section 2.51 (Unavailability of a Currency))Loan; and
(iiiC) in whole or in part for the purpose of refinancing the maturing Revolving Facility Loan; and
(ii) the proportion borne by each Lender's participation in the maturing Revolving Facility Loan to the amount of that maturing Revolving Facility Loan is the same as the proportion borne by that Lender's participation in the new Revolving Facility Loans to the aggregate amount of those new Revolving Facility Loans, the aggregate amount of the new Revolving Facility Loans shall shall, unless the relevant Borrower or the Company notifies the Agent to the contrary in the relevant Utilisation Request, be treated as if applied in or towards repayment of the maturing Revolving Facility Loan so that:
(A) if the amount of the maturing Revolving Facility Loan exceeds the aggregate amount of the new Revolving Facility Loans:
(1) I. the relevant Borrower will only be required to pay make a payment under Clause 40.1 (Payments to the Agent) in an amount in cash in the relevant currency equal to that excess; and
(2) II. each Lender’s 's participation (if any) in the new Revolving Facility Loans shall be treated as having been made available and applied by the applicable Borrower in or towards repayment of that Lender’s 's participation (if any) in the maturing Revolving Facility Loan and that Lender will not be required to make a payment under Clause 40.1 (Payments to the Agent) in respect of its participation in the new Revolving Facility Loans available in cashLoans; and
(B) if the amount of the maturing Revolving Facility Loan is equal to or less than the aggregate amount of the new Revolving Facility Loans:
(1) I. the relevant Borrower will not be required to make any a payment in cashunder Clause 40.1 (Payments to the Agent); and
(2) II. each Lender will be required to make a payment under Clause 40.1 (Payments to the Agent) in respect of its participation in the new Revolving Facility Loans available in cash only to the extent that its participation (if any) in the new Revolving Facility Loans exceeds that Lender’s 's participation (if any) in the maturing Revolving Facility Loan and the remainder of that Lender’s 's participation in the new Revolving Facility Loans shall be 0081727-0000042 SN:12155633.21 61 treated as having been made available and applied by the applicable Borrower in or towards repayment of that Lender’s 's participation in the maturing Revolving Facility Loan.
(c) At any time when a Lender becomes a Defaulting Lender, the maturity date of each of the participations of that Lender in the Revolving Facility Loans then outstanding will be automatically extended to the Termination Date in relation to the Revolving Facility and will be treated as separate Revolving Facility Loans (the Separate Loans).
(d) A Borrower to whom a Separate Loan is outstanding may prepay that Loan by giving three Business Days' prior notice to the Agent. The Agent will forward a copy of a prepayment notice received in accordance with this paragraph (d) to the Defaulting Lender concerned as soon as practicable on receipt.
(e) 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 that Defaulting Lender) on the last day of each Interest Period of that Loan.
(f) The terms of this Agreement relating to Revolving Facility Loans generally shall continue to apply to Separate Loans other than to the extent inconsistent with paragraphs (c) to (e) above, in which case those paragraphs shall prevail in respect of any Separate Loan.
Appears in 1 contract
Samples: Facilities Agreement (StarTek, Inc.)