Common use of Repayment Prepayment Clause in Contracts

Repayment Prepayment. 9.1. The Borrower shall repay all amounts of the Facility in 8 equal consecutive semi-annual instalments. The first instalment shall be payable six months after the Starting Point. The Starting Point shall be the earlier of (i) the commissioning date, i.e. the date on which a certificate of (provisional) acceptance is signed by the parties to the Supply Contracts, concluded on 01.07.2008, 29.04.2009, 19.03.2009, 27.02.2009 and 06.02.2009 and (ii) the latest date for the commissioning, i.e. February 1, 2010. 9.2. The Lender shall forward to the Borrower by Courier Service the repayment schedule as soon as it has been determined by the Lender in accordance with the provisions of Article 9.1. The repayment schedule shall be binding upon the Borrower with the exception of manifest error. The Borrower shall confirm receipt of the repayment schedule without delay. 9.3. If a floating interest rate is applicable pursuant to Article 4.1, the Borrower shall be entitled to prepay on any date, on which interest shall be payable pursuant to Article 4.1 any amount outstanding under the Facility either in whole or in part of at least EURO 250,000 or any multiple thereof plus accrued interest and any other amount due subject to having given the Lender at least a 30 days prior written notice . 9.4. If a Fixed Interest Rate is applicable pursuant to Article 4.2. above, the Lender may give its consent to any prepayment of any amount outstanding under the Facility requested by the Borrower subject to the payment by the Borrower to the Lender of a compensation as determined by the Lender for any losses the Lender may incur as a result of such prepayment by investing the prepaid amount for the rest of the fixed rate period in the respective capital market in first class capital market bonds or similar money market instruments at any lower rate of interest than the Fixed Interest Rate originally agreed upon with the Borrower in this Loan Agreement 9.5. Any amounts prepaid according to Articles 9.3 and 9.4 may not be reborrowed and shall be applied against the repayment instalments determined under Article 9.1 in inverse order of maturity.

Repayment Prepayment. 9.1. (a) The Borrower Borrowers shall repay all amounts the principal amount of each Eurodollar Advance owing to Fleet on the last day of the Facility Interest Period with respect thereto, unless such Advance is Converted or continued in 8 equal consecutive semi-annual instalments. accordance with the terms hereof. (b) The first instalment outstanding principal balance of all of the Advances shall be payable six months after the Starting Point. The Starting Point shall be in full upon the earlier of (i) the commissioning date, i.e. the date on which a certificate of (provisional) acceptance is signed by the parties to the Supply Contracts, concluded on 01.07.2008, 29.04.2009, 19.03.2009, 27.02.2009 and 06.02.2009 Maturity Date and (ii) the latest date for the commissioning, i.e. February 1, 2010. 9.2. The Lender shall forward to the Borrower by Courier Service the repayment schedule as soon as it has been determined by the Lender acceleration thereof in accordance with the provisions terms of ArticleSection 6.01 hereof. 9.1. (c) The repayment schedule shall be binding upon Borrowers may repay the Borrower with the exception of manifest error. The Borrower shall confirm receipt outstanding amount of the repayment schedule without delay. 9.3. If a floating interest rate is applicable pursuant to Article 4.1Advances, the Borrower shall be entitled to prepay on any date, on which interest shall be payable pursuant to Article 4.1 any amount outstanding under the Facility either in whole or in part part, at any time without premium or penalty; provided that any full or partial repayment of at least EURO 250,000 or any multiple thereof plus accrued interest and Eurodollar Advance on any day other amount due than the last day of the Interest Period with respect thereto shall be subject to having given the Lender at least a 30 days provisions of Sections 2.19 and 2.02(e) hereof. The Borrowers, shall give Fleet, no later than 10:00 A.M., Boston time, prior written notice . 9.4. If a Fixed Interest Rate is applicable pursuant to Article 4.2. above, on the Lender may give its consent to any prepayment date of any proposed repayment of any Reference Rate Advance and four (4) Banking Days prior written notice of any proposed repayment of any Eurodollar Advances, in each case specifying the proposed date of repayment and the principal amount outstanding under to be repaid. Each such partial repayment of the Facility Advances shall be in a minimum amount of $100,000 or larger integral multiple thereof. Notwithstanding the notice and minimum amount requirements set forth in this Section 2.06(c), Fleet may, in its sole discretion, allow the Borrowers to repay Reference Rate Advances in amounts as requested by the Borrower subject Borrowers. (d) If at any time the sum of the outstanding amount of the Advances and the Letter of Credit Obligations exceeds the Commitment, including without limitation following any acceleration pursuant to Section 6.01 hereof, then the Borrowers shall immediately pay the amount of such excess to Fleet for application: first, to any Unpaid Reimbursement Obligations; second, to the payment Advances; and third, to provide to Fleet cash collateral for Letter of Credit Obligations as contemplated by the Borrower to the Lender of a compensation as determined by the Lender for any losses the Lender may incur as a result of such prepayment by investing the prepaid amount for the rest of the fixed rate period in the respective capital market in first class capital market bonds or similar money market instruments at any lower rate of interest than the Fixed Interest Rate originally agreed upon with the Borrower in this Loan Agreement 9.5. Any amounts prepaid according to Articles 9.3 and 9.4 may not be reborrowed and shall be applied against the repayment instalments determined under Article 9.1 in inverse order of maturitySection 2.03(c).

Repayment Prepayment. 9.17.1 All Advances and amounts due in respect of the Facility are repayable on the Repayment Date. 7.2 On the Repayment Date the Borrower shall repay the Advance made to it. The Borrower shall repay all amounts may not re-borrow any part of the Facility in 8 equal consecutive semi-annual instalments. The first instalment shall be payable six months after the Starting Point. The Starting Point shall be the earlier of (i) the commissioning date, i.e. the date on which a certificate of (provisional) acceptance is signed by the parties to the Supply Contracts, concluded on 01.07.2008, 29.04.2009, 19.03.2009, 27.02.2009 and 06.02.2009 and (ii) the latest date for the commissioning, i.e. February 1, 2010repaid. 9.2. 7.3 The Lender shall forward to Borrower may, if it gives the Arranger not less than 3 Business Days’ (or such shorter period as the Arranger may agree) prior notice, prepay the whole or any part of the Advance. 7.4 Where the Borrower by Courier Service repays the repayment schedule as soon as it has been determined by the Lender in accordance with the provisions of Article 9.1. The repayment schedule shall be binding upon the Borrower with the exception of manifest error. The Borrower shall confirm receipt entire of the repayment schedule without delay. 9.3. If a floating interest rate is applicable pursuant to Article 4.1Advance before the Repayment Date, the Borrower shall be entitled pay 8% of the Advance in full (representing one year’s interest (as set out in Clause 8.2)) to prepay the Arranger on any date, on which interest shall be payable pursuant to Article 4.1 any amount outstanding under the Facility either in whole or in part of at least EURO 250,000 or any multiple thereof plus accrued interest and any other amount due subject to having given the Lender at least a 30 days prior written notice Repayment Date. 9.4. If a Fixed Interest Rate is applicable pursuant to Article 4.2. above, 7.5 A certificate from the Lender may give its consent to any prepayment of any amount outstanding under the Facility requested by the Borrower subject Arranger (acting reasonably) as to the payment by amount at any time due from the Borrower to the Lender under the Facility shall, in the absence of a compensation as determined manifest error, be conclusive. 7.6 Where the Borrower fails to repay the Advance on the Repayment Date, the Facility shall be repayable on not less than 10 Business Days written notice by the Arranger; together with all interest accrued thereon pursuant to Clause 8. 7.7 For the avoidance of doubt, on repayment of all Advances made under this Facility, this Agreement, and each and any other Finance Document shall be fully and immediately discharged and released by the Lender for any losses the Lender may incur as a result of such prepayment by investing the prepaid amount for the rest of the fixed rate period in the respective capital market in first class capital market bonds or similar money market instruments at any lower rate of interest than the Fixed Interest Rate originally agreed upon with the Borrower in this Loan Agreement 9.5. Any amounts prepaid according to Articles 9.3 and 9.4 may not be reborrowed and shall be applied against the repayment instalments determined under Article 9.1 in inverse order of maturityArranger respectively.