Special Prepayments. Either Borrower may from time to time prepay any Loan pursuant to the provisions of Section 7.7. Any prepayment of the principal of the Loans pursuant to this clause (b)(ii) shall include accrued interest to the date of prepayment on the principal amount being prepaid. (c)
Special Prepayments. In any event wherein the Company requests from all of the holders of the Amended Notes (pursuant to Section 12.5 hereof) an amendment to, or waiver of (in each case setting forth in such request detailed information concerning the transaction or condition for which the amendment or waiver is requested), the Company's obligations hereunder that are permitted by the provisions of Section 12.5 to be amended or waived with consent of the Majority Holders, and the Majority Holders do not, within sixty (60) days of the date on which such request is made, grant their consent to the proposed amendment or waiver, the Company may prepay Amended Notes as set forth in this Section 5.2(b), provided that all of the following conditions are met:
Special Prepayments. Each of the Borrowers and Xxxxxx'x Brewing Group acknowledges that the Borrowers may be required to prepay the Facilities in accordance with Clause 5.5 of the Trust Deed and that the Lender has entered into this Agreement and made the Facilities available in reliance on Clause 5.5 of the Trust Deed.
Special Prepayments. 13 4.5 Notation of Notes on Prepayment. . . . . . . . . . . . . . . . 14 4.6 No Other Prepayments; Acquisition of Notes.. . . . . . . . . . 15
Special Prepayments. The Borrower and Xxxxxx'x Brewing Group acknowledge that the Borrower may be required to prepay the Principal Outstanding in accordance with Clause 5.5 of the Trust Deed and that the Lender has entered into this Agreement and made the Commitment available in reliance on Clause 5.5 of the Trust Deed. XXXXXX XXXXXXXX LOAN AGREEMENT & HEDDERWICKS -------------------------------------------------------------------------------
Special Prepayments. OUT OF EXCESS CASH FLOW; ASSET SALES; INSURANCE PROCEEDS; DEBT AND EQUITY OFFERINGS. In addition to and without limiting any provision of this Convertible Note or the Purchase Agreement, (i) after the Senior Indebtedness has been indefeasibly paid in full in cash, if Company sells any of its assets or properties (other than sales of inventory in the ordinary course of business or sales of other assets the proceeds of which are reinvested within 20 Business Days in similar assets constituting "Collateral" under the Senior Credit Agreement), sells or issues any securities (debt or equity), capital stock, or ownership interests, receives any property damage or insurance award which is not used to repair or replace the property covered thereby, incurs any Indebtedness, except for Permitted Indebtedness or receives life insurance proceeds, then it shall, apply 100% of the proceeds thereof to the prepayment of this Convertible Note, to be applied in the manner set forth below, such payment to be made at such time as the Registered Holder shall decide in its sole discretion, and (ii) until such time as the principal of this Convertible Note, all accrued and unpaid interest thereon, and all other obligations of the Company hereunder and thereunder are indefeasibly paid in full in cash and fully performed, the Applicable ECF Percentage of the Company's Excess Cash Flow for each fiscal year shall be paid by the Company to the Registered Holder as a prepayment of this Convertible Note to be applied in the manner set forth below. Such payments described in the foregoing clause (ii) shall be made no later than thirty (30) calendar days after preparation of the Company's audited financial statements, but in any event not later than one hundred and twenty (120) calendar days after the end of the fiscal year to which such Excess Cash Flow relates. All prepayments of this Convertible Note required by this SECTION 1(f) shall first be applied to all unpaid accrued interest thereon, with 83.33% of the remainder of such prepayment amount to be applied to unpaid principal, and 16.67% of such remainder to be paid as a pre-payment premium (i.e., a 20% pre-payment premium on the principal amount so prepaid).
Special Prepayments. The Borrower acknowledges that the Borrower may be required to pay the Facility in accordance with Clause 5.5 of Trust Deed and that the Participants have entered into this Agreement and made the Facilities available in reliance on Clause 5.5 of Trust Deed.
