Required Prepayment. The Borrower shall make a prepayment of the Loans in the amount of the Net Cash Proceeds received from the following:
(1) any disposition of assets pursuant to the permissions set forth in subsections 10.8(e), (f), (g), or (h); or
(2) any disposition of an asset pursuant to the permissions set forth in subsection 10.8(b) if the Net Cash Proceeds from such disposition equal or exceed Fifty Thousand Dollars ($50,000); or
(3) any income tax refund received by Borrower (other than any such refund reflected as being due to Borrower on any return and which is elected to be applied to the following year's estimated tax liability payments of the Borrower and it Subsidiaries, if any). The Net Cash Proceeds from any asset disposition of the type described in the foregoing clauses (1) or (2) shall be delivered by the Borrower to the Agent, within two (2) Business Days after the receipt thereof. The Net Cash Proceeds from any income tax refund shall be delivered by the Borrower to the Agent, within two (2) Business Days after the receipt thereof.
Required Prepayment. On or before the date which is one hundred fifteen (115) days after each Fiscal Year of the Borrower (or the date when Borrower delivers the annual financial statements for such Fiscal Year pursuant to Section 9.1(a) if sooner), commencing with Fiscal Year 2002, the Borrower shall make a prepayment of the Term Loans in an amount equal to the following percentages of the Borrower's Excess Cash Flow calculated for the most recently ended Fiscal Year: (1) twenty-five percent (25%) for Fiscal Year 2002, (2) thirty-five percent (35%) for Fiscal Year 2003, and (3) fifty percent (50.0%) for each Fiscal Year thereafter.
Required Prepayment. Whenever the aggregate amount of outstanding Advances exceeds the Maximum Total Amount, the Borrower shall immediately pay such amounts as may be necessary to cause the aggregate principal amount of outstanding Advances to be equal to or less than the Maximum Total Amount in accordance with Section 2.01(b). Whenever the amount outstanding under any individual Revolving Credit Note exceeds the maximum amount permitted to be outstanding under such Revolving Credit Note, the Borrower shall immediately pay to Agent for the account of the respective Lender such amounts as may be necessary to cause the principal amount outstanding under such Revolving Credit Note to be equal to or less than the maximum permitted amount. Whenever the amount outstanding under the Swing Line Note exceeds the maximum amount permitted to be outstanding under the Swing Line Loan, the Borrower shall immediately pay to the Agent such amounts as may be necessary to cause the principal amount outstanding under the Swing Line Note to be equal to or less than the maximum amount permitted to be outstanding under the Swing Line Loan. Whenever the issuance of any Letter of Credit exceeds the Letter of Credit Subcommitment, the Borrower shall immediately take such action as required by Agent to reduce the face amount of outstanding Letters of Credit to an amount equal to or less than the Letter of Credit Subcommitment.
Required Prepayment. The Notes are subject to prepayment in the amount, at the times and subject to the conditions set forth in the form of Note attached as Exhibit A hereto. Any such prepayment will be divided among the Holders pro rata based on their beneficial interests in the Notes subject to rounding to allow for remaining interests of each Holder to continue in increments of $100 and multiples thereof.
Required Prepayment. A new Section 2(e)(iii) shall be added to the Agreement as follows:
Required Prepayment. Upon the occurrence of an Event of Default, at Lender’s option, all of the Obligations shall be payable immediately in cash or on such other terms as Lender may require.
Required Prepayment. In the event that (1) more than $100,000 of the Equipment to which Advance Payments relate is deemed first placed in service during a calendar quarter, or (2) any Equipment to which Advance Payments relate is deemed first placed in service during a calendar year, then, on the final day of each such calendar quarter or calendar year, as the case may be, Maker shall prepay an amount of Principal, together with accrued and unpaid interest thereon at the applicable rate aforesaid, which equals the cost of such Equipment. Holder shall apply, and Maker directs Holder to apply, the proceeds of the Lease to such prepayment, in accordance with and subject to the terms and conditions of the Funding Agreement dated as of May 12, 1997.
Required Prepayment. Whenever the aggregate amount outstanding under the Notes exceeds the Maximum Total Amount, Borrower shall immediately pay to Lenders such amounts as may be necessary to cause the aggregate principal amount outstanding under the Notes to be equal to or less than the Maximum Total Amount. Whenever the amount outstanding under any individual Revolving Credit Note exceeds such Note's Maximum Revolving Credit Note Amount, Borrower shall immediately pay to the respective Lender such amounts as may be necessary to cause the principal amount outstanding under such Revolving Credit Note to be equal to or less than such Note's Maximum Revolving Credit Note Amount; and whenever the amount outstanding under the Swing Line Note exceeds the Swing Line Loan Maximum Amount, Borrower shall immediately pay to STB such amounts as may be necessary to cause the principal amount outstanding under the Swing Line Note to be equal to or less than the Swing Line Loan Maximum Amount; and
Required Prepayment. (a) FIXED RATE NOTES. On June 30, 2001, December 31, 2001 and June 30, 2002 the Company will prepay $8,875,000 aggregate principal amount of the Fixed Rate Notes (or, if less, the unpaid balance thereof), at the principal amount to be prepaid, together with accrued interest on such principal amount to the date of such prepayment, without premium, whether or not any optional prepayment has been or is being made pursuant to Section 5.2; provided that upon any partial prepayment of the Fixed Rate Notes pursuant to Section 5.3 or 5.4, the principal amount of each required prepayment of the Fixed Rate Notes becoming due under this Section 5.1(a) on and after the date of such partial prepayment shall be reduced in the same proportion as the aggregate unpaid principal amount of the Fixed Rate Notes is reduced as a result of such partial prepayment.
Required Prepayment. In connection with the Eighth Amendment, the Company shall make a payment of not less than $11,000,000 in principal amount of Notes to Purchaser on or prior to the effective date of the Eighth Amendment (the “Required Prepayment”).”
5. Section 5 of the Note Purchase Agreement is hereby amended by adding the following subsection 5.16: