Restrictions on Prepayment. Except as otherwise provided in this Section 6, there shall be no prepayment, in whole or in part, of the principal of all or any of the Notes. The Company waives any right to prepay the Notes except under the terms and conditions as set forth in this Section 6 and agrees that if the Notes are prepaid, the Company shall pay the Note Make-Whole Amount (to the extent required by the terms hereof). The Company hereby acknowledges that (a) the inclusion of this waiver of prepayment rights and agreement to pay the Note Make-Whole Amount upon prepayment of the Notes was separately negotiated with the Purchaser, (b) the economic value of the various elements of this waiver and agreement was discussed between the Company and the Purchaser, (c) the consideration given by the Purchaser for the Notes was adjusted to reflect the specific waiver and agreement negotiated between the Company and the Purchaser and contained herein and (d) this waiver is intended to comply with California Civil Code 2954.10.
Restrictions on Prepayment. The Borrower will not, and will not permit MCRC or any of their Subsidiaries to, make or offer to make any optional or voluntary payment, repayment, repurchase or redemption of or otherwise optionally or voluntarily defease or segregate funds with respect to any Unsecured Indebtedness of such Person that matures after January 25, 2022 at any time when any of (x) the Total Leverage Ratio exceeds 60% pursuant to §9.1, (y) the ratio of Consolidated Unsecured Indebtedness to the Section 9.6 Sum exceeds 60% pursuant to §9.6, or (z) an appraisal is being used to value the Unencumbered Properties that are Appraised Value Properties for purposes of determining the Section 9.6 Sum pursuant to §9.6.”
Restrictions on Prepayment. Issuer’s obligation to make, and to cause NGP I to make Distributions to Issuer to make, any prepayment of the Notes pursuant to clauses (i) through (vi) above shall be subject to the terms of any Permitted Financing Documents.
Restrictions on Prepayment. (i) Xxxxxx Creek Loan. Xxxxxx Creek shall have no right to prepay any portion of the Principal Indebtedness of the Xxxxxx Creek Loan from time to time outstanding prior to and including the second (2nd) anniversary of the Closing Date. From and after the day following the second (2nd) anniversary of the Closing Date, Xxxxxx Creek may prepay, in whole but not in part, the outstanding Principal Indebtedness of the Xxxxxx Creek Loan upon thirty (30) days' prior written notice sent to and received by Lender at Lender's address as provided and in the manner specified in this Agreement; provided that any such prepayment is accompanied by the payment of (x) all accrued and unpaid interest, and (y) any other amounts due and unpaid under the Loan Documents. Any prepayment permitted by this Section 2.3(b)(i) shall be made on the first day of the Interest Period following the expiration of the thirty (30) day period after Lender receives the written notice required by this Section 2.3(b)(i).
Restrictions on Prepayment. Section 8.27 of the Agreement shall be and it hereby is amended in its entirety to read as follows:
Restrictions on Prepayment. No prepayment of all or any portion of the principal balance of the Loan is permitted except as provided in the Note or in this Section 4.2 or in Sections 4.3, 4.4 or 4.5. The Borrower shall give the Lender at least sixty (60) days prior notice of its intention to prepay the Loan under the Note or under Sections 4.3, 4.4 or 4.5 specifying the date of payment (which shall be an installment payment date under the Note) and the total amount of the Loan to be paid on such date. If the Borrower provides notice to the Lender of its intention to prepay all or a portion of the Loan as provided in the Note or in Sections 4.3, 4.4 or 4.5 and thereafter revokes or withdraws such notice then any prepayment obligation shall be rescinded and the Borrower shall pay to the Lender a revocation fee in the amount provided in the Note.
Restrictions on Prepayment. (a) No prepayment of the Advance may be made except at the times and in the manner expressly provided by this agreement and the Intercreditor Deed.
Restrictions on Prepayment. Except as otherwise provided in this Section 6, there shall be no prepayment, in whole or in part, of the principal of all or any of the Notes. The Company waives any right to prepay the Notes except under the terms and conditions as set forth in this Section 6 and agrees that if the Notes are prepaid pursuant to Section 6.2, the Company will pay the Make-Whole Amount. The Company hereby acknowledges that the inclusion of this waiver of prepayment rights and agreement to pay the Make-Whole Amount upon prepayment of the Notes pursuant to Section 6.2 was separately negotiated with the Purchasers, that the economic value of the various elements of this waiver and agreement was discussed, that the consideration given by the Company for the Notes was adjusted to reflect the specific waiver and agreement negotiated between the Company and the Purchasers and contained herein, and that this waiver is intended to comply with California Civil Code Section 2954.10.
Restrictions on Prepayment. Except as otherwise provided in this Section 5, there shall be no prepayment, in whole or in part, of the principal of all or any of the Mortgage Notes. The Company waives any right to prepay the Mortgage Notes except under the terms and conditions as set forth in this Section 5 and agrees that if the Mortgage Notes are prepaid, the Company shall pay the Mortgage Note Make-Whole Amount (to the extent required by the terms hereof). The Company hereby acknowledges that (a) the inclusion of this waiver of prepayment rights and agreement to pay the Mortgage Note Make-Whole Amount upon prepayment of the Mortgage Notes was separately negotiated with the Purchaser, (b) the economic value of the various elements of this waiver and agreement was discussed between the Company and the Purchaser, (c) the consideration given by the Purchaser for the Mortgage Notes was adjusted to reflect the specific waiver and agreement negotiated between the Company and the Purchaser and contained herein and (d) this waiver is intended to comply with California Civil Code Section 2954.10. The Company's Initials ----------
Restrictions on Prepayment. Except as otherwise provided in this Section 6, there shall be no prepayment, in whole or in part, of the principal of all or any of the Exchange Notes. The Parent waives any right to prepay the Exchange Notes except under the terms and conditions as set forth in this Section 6 and agrees that if the Exchange Notes are prepaid, the Parent shall pay the Exchange Note Make-Whole Amount (to the extent required by the terms hereof). The Parent hereby acknowledges that (a) the inclusion of this waiver of prepayment rights and agreement to pay the Exchange Note Make-Whole Amount upon prepayment of the Exchange Notes was separately negotiated with the Purchaser, (b) the economic value of the various elements of this waiver and agreement was discussed between the Parent and the Purchaser, (c) the consideration given by the Purchaser for the Exchange Notes was adjusted to reflect the specific waiver and agreement negotiated between the Parent and the Purchaser and contained herein and (d) this waiver is intended to comply with California Civil Code Section 2954.10.
