Common use of Term and Prepayment Clause in Contracts

Term and Prepayment. (a) Upon the Commitment Termination Date the obligation of Lender to make Revolving Credit Advances and extend other credit hereunder shall immediately terminate and Borrowers shall pay to Lender in full, in cash: (i) all outstanding Revolving Credit Advances and all accrued but unpaid interest thereon, including Additional Interest referred to in Section 1.5(e); (ii) an amount sufficient to enable Lender to hold cash collateral as specified in Schedule C; and (iii) all other non-contingent Obligations due to or incurred by Lender. (b) If the Revolving Credit Loan attributable to any Borrower shall at any time exceed such Borrower's Borrowing Availability, then such Borrower shall immediately repay the Revolving Credit Loan in the amount of such excess. (c) Each Borrower shall have the right, at any time upon 30 days prior written notice to Lender to (i) terminate voluntarily Borrowers' right to receive or benefit from, and Lender's obligation to make and to incur, Revolving Credit Advances and Letter of Credit Obligations and (ii) prepay all of the Obligations. The effective date of termination of the Revolving Credit Loan specified in such notice shall be the Commitment Termination Date. If any Borrower exercises the right of termination and prepayment, or if Lender's obligation to make Loans is terminated for any reason prior to the Stated Expiry Date then in effect (including as a result of the occurrence of a Default), Borrowers shall pay to Lender the applicable Prepayment Fee.

Appears in 2 contracts

Samples: Loan and Security Agreement (Harmony Holdings Inc), Loan and Security Agreement (Intelefilm Corp)

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Term and Prepayment. (a) Upon the Commitment Termination Date Date, the obligation of Lender to make Revolving Credit Advances and extend other credit hereunder shall immediately terminate and Borrowers shall pay to Lender in full, in cash: (i) all outstanding Revolving Credit Advances and all accrued but unpaid interest thereon, including Additional Interest referred to in Section 1.5(e); (ii) an amount sufficient to enable Lender to hold cash collateral as specified in Schedule C; and (iiiiv) all other non-contingent Obligations due to or incurred by Lender. (b) If the aggregate Revolving Credit Loan attributable to any Borrower Loans shall at any time exceed such Borrower's the Borrowing Availability, then such Borrower Borrowers shall immediately repay the Revolving Credit Loan in the amount of such excess. (c) Each Borrower Borrowers shall have the right, at any time upon 30 thirty (30) days prior written notice to Lender to to: (i) terminate voluntarily Borrowers' right to receive or benefit from, and Lender's Xxxxxx’s obligation to make and to incur, Revolving Credit Advances and to incur Letter of Credit Obligations Obligations; and (ii) prepay all of the Obligations; provided, however, that with respect to Revolving Credit Advances made based upon the CDOR Rate or the Term SOFR Rate prepaid by Borrowers prior to the expiration date of the Interest Period applicable thereto, Borrowers shall pay to Lender the amounts described in Section 1.14(c). The Following receipt of such notice by Xxxxxx, the effective date of termination of the Revolving Credit Loan specified in such notice shall be deemed to be the Commitment Termination Date. If any Borrower exercises the Borrowers exercise their right of termination and prepayment, or if Lender's Xxxxxx’s obligation to make Loans is terminated for any reason prior to the Stated Expiry Date then in effect (including as a result of the occurrence of a Default), Borrowers shall pay to Lender the applicable Prepayment Feeamounts (if any) described in Section 1.14(c).

Appears in 2 contracts

Samples: Loan Agreement (Dirtt Environmental Solutions LTD), Loan Agreement (Dirtt Environmental Solutions LTD)

Term and Prepayment. (a) Upon the Commitment Termination Date Date, the obligation of Lender to make Revolving Credit Advances and extend other credit hereunder shall immediately terminate and Borrowers Borrower shall pay to Lender in full, in cash: (i) all outstanding Revolving Credit Advances and all accrued but unpaid interest thereon, including Additional Interest referred to in Section 1.5(e); (ii) an amount sufficient to enable Lender to hold cash collateral as specified in Schedule Cmay be required, solely to the extent of any Obligations remaining outstanding after repayment; and (iii) all other non-contingent Obligations due to or incurred by Lender. (b) If the Revolving Credit Loan attributable to any Borrower shall at any time exceed such Borrower's the Borrowing AvailabilityAvailability applicable to the Revolving Credit Loan, or the Term Loan shall at any time exceed the Borrowing Availability applicable to the Term Loan, then such Borrower shall immediately repay the Revolving Credit applicable Loan in the amount of such excess. (c) Each Borrower shall have the right, at any time upon 30 days fifteen (15) days’ prior written notice to Lender to to: (i) terminate voluntarily Borrowers' Borrower’s right to receive or benefit from, and Lender's ’s obligation to make and to incur, Revolving Credit Advances and Letter of Credit Obligations Advances; and (ii) prepay all of the Obligations. The Following receipt of such notice by Lender, the effective date of termination of the Revolving Credit Loan Loans specified in such notice shall be deemed to be the Commitment Termination Date. If any Borrower exercises the its right of termination and prepayment, or if Lender's ’s obligation to make Loans is terminated for any reason prior to the Stated Expiry Maturity Date then in effect (including as a result of the occurrence of a Default), Borrowers Borrower shall pay to Lender the applicable Prepayment Fee.

Appears in 1 contract

Samples: Loan Agreement (Very Good Food Co Inc.)

Term and Prepayment. (a) Upon the Commitment Termination Date Date, the obligation of Lender to make Revolving Credit Advances and extend other credit hereunder shall immediately terminate and Borrowers Borrower shall pay to Lender in full, in cash: (i) all outstanding Revolving Credit Advances and all accrued but unpaid interest thereon, including Additional Interest referred to in Section 1.5(e); (ii) an amount sufficient to enable Lender to hold cash collateral as specified in Schedule C; (iii) all principal and accrued but unpaid interest on the Term Loan; and (iiiiv) all other non-contingent Obligations due to or incurred by Lender. (b) If If, based upon the Borrowing Base Certificate most recently delivered by Borrower, the Revolving Credit Loan attributable to any Borrower shall at any time exceed such Borrower's the Borrowing AvailabilityAvailability (an “Overadvance”), then such Borrower shall immediately repay the Revolving Credit Loan in the amount of such excessOveradvance no later than three (3) Business Days after the date on which Lender delivers notice to Borrower of the existence of such Overadvance. (c) Each Borrower shall have the right, at any time upon 30 days thirty (30) days’ prior written notice to Lender to (i) terminate voluntarily Borrowers' Borrower’s right to receive or benefit from, and Lender's ’s obligation to make and to incur, Revolving Credit Advances and Letter Advances, (ii) prepay all or a portion of Credit Obligations the Term Loan, and (iiiii) prepay all of the Obligations. The effective date of termination of the Revolving Credit Loan and the Term Loan specified in such notice shall be the Commitment Termination Date. If any Borrower exercises the right of termination and prepayment, or if Lender's obligation to make Loans is terminated for any reason prior to the Stated Expiry Date then in effect (including as a result of the occurrence of a Default), Borrowers shall pay to Lender the applicable Prepayment Fee.

Appears in 1 contract

Samples: Loan and Security Agreement (Cover All Technologies Inc)

Term and Prepayment. (a) Upon the Commitment Termination Date the obligation ------------------- of Lender to make Revolving Credit Advances and extend other credit hereunder shall immediately terminate and Borrowers Borrower shall pay to Lender in full, in cash: (i) all outstanding Revolving Credit Advances and all accrued but unpaid interest thereon, including Additional Interest referred to in Section 1.5(e); (ii) an amount sufficient to enable Lender to hold cash collateral as specified in Schedule C; and (iii) all other non-contingent ----------- Obligations due to or incurred by Lender. (b) If the Revolving Credit Loan attributable to any Borrower shall at any time exceed such Borrower's the Borrowing Availability, then such Borrower shall immediately repay the Revolving Credit Loan in the amount of such excess. (c) Each Borrower shall have the right, at any time upon 30 days thirty (30) days' prior written notice to Lender to (i) terminate voluntarily Borrowers' Borrower's right to receive or benefit from, and Lender's obligation to make and to incur, Revolving Credit Advances and Letter of Credit Obligations Obligations, and (ii) prepay all of the Obligations. The effective date of termination of the Revolving Credit Loan specified in such notice shall be the Commitment Termination Date. If any Borrower exercises the its right of termination and prepayment, or if Lender's obligation to make Loans is terminated for any reason prior to the Stated Expiry Date then in effect (including as a result of the occurrence of a Default), Borrowers Borrower shall pay to Lender the applicable Prepayment Fee.

Appears in 1 contract

Samples: Loan and Security Agreement (Zunicom Inc)

Term and Prepayment. (a) Upon the Commitment Termination Date the obligation of Lender to make Revolving Credit Advances and extend other credit hereunder shall immediately terminate and Borrowers Borrower shall pay to Lender in full, in cash: (i) all outstanding Revolving Credit Advances and all accrued but unpaid interest thereon, including Additional Interest referred to in Section 1.5(e); (ii) an amount sufficient to enable Lender to hold cash collateral as specified in Schedule SCHEDULE C; and (iii) all other non-contingent Obligations due to or incurred by Lender. (b) If the Revolving Credit Loan attributable to any Borrower shall at any time exceed such Borrower's the Borrowing Availability, then such Borrower shall immediately repay the Revolving Credit Loan in the amount of such excess. (c) Each Borrower shall have the right, at any time upon 30 ten (10) days prior written notice given to Borrower's Agent to Lender to (i) terminate voluntarily Borrowers' Borrower's right to receive or benefit from, and Lender's obligation to make and to incur, Revolving Credit Advances and Letter of Credit Obligations and (ii) prepay all of the Obligations. The effective date of termination of the Revolving Credit Loan specified in such notice shall be the Commitment Termination Date. If any Borrower exercises the its right of termination and prepayment, or if Lender's obligation to make Loans is terminated for any reason prior to the Stated Expiry Date then in effect (including as a result of the occurrence of a Default), Borrowers Borrower shall pay to Lender the applicable Prepayment Fee.

Appears in 1 contract

Samples: Loan and Security Agreement (Intrado Inc)

Term and Prepayment. (a) Upon the Commitment Termination Date the The obligation of Lender to make Revolving Credit Advances and extend other credit hereunder financial accommodations shall immediately terminate and Borrowers be in effect from the Closing Date until the Commitment Termination Date. Upon the Commitment Maturity Date Borrower shall pay to Lender in full, in cash: (i) all outstanding Revolving Credit Advances and all accrued interest earned, but unpaid interest unpaid, thereon, including Additional Interest referred to in Section 1.5(e); (ii) an amount sufficient to enable Lender to hold cash collateral as specified in Schedule C; and (iii) all other non-contingent Obligations due to or incurred by Lender.. Upon payment of the amounts specified in the immediately preceding sentence, Borrower's obligation to pay the Unused Line Fee shall simultaneously terminate. Prior to repayment of all Obligations to Lender in full, in cash on the Commitment Maturity Date: (ba) If the Revolving Credit Loan attributable to any Borrower shall at any time exceed such Borrower's the Borrowing Availability, then such Borrower shall immediately repay the Revolving Credit Loan in the amount of such excess; such excess balance shall nevertheless constitute Obligations that are evidenced by the Revolving Credit Note, secured by the Collateral and entitled to all of the benefits of the Loan Documents. (cb) Each Borrower shall have the right, at any time upon 30 days prior written notice to Lender to and payment of the applicable Prepayment Fee, (i) to terminate voluntarily Borrowers' Borrower's right to receive or benefit from, and Lender's obligation to make and to incur, Revolving Credit Advances and Letter of Credit Obligations Obligations, and (ii) to prepay all of the Obligations. The effective date of termination of the Revolving Credit Loan specified in such notice shall be the Commitment Termination Maturity Date. If any Borrower exercises the right of termination and prepayment, or if Lender's obligation to make Loans is terminated for any reason prior to the Stated Expiry Date then in effect (including as a result of the occurrence of a Default), Borrowers shall pay to Lender the applicable Prepayment Fee.

Appears in 1 contract

Samples: Loan and Security Agreement (Jacobs Jay Inc)

Term and Prepayment. (a) Upon the Commitment Termination Date the --------------------- obligation of Lender to make Revolving Credit Advances and extend other credit hereunder shall immediately terminate and Borrowers Borrower shall pay to Lender in full, in cash: (i) all outstanding Revolving Credit Advances and all accrued but unpaid interest thereon, including Additional Interest referred to in Section 1.5(e); (ii) an amount sufficient to enable Lender to hold cash collateral as specified in Schedule C; and (iiiii) all other non-contingent Obligations due to or incurred by Lender. (b) If the Revolving Credit Loan attributable to any Borrower shall at any time exceed such Borrower's the Borrowing Availability, then such Borrower shall immediately repay the Revolving Credit Loan in the amount of such excess. (c) Each Borrower shall have the right, at any time upon 30 days thirty (30) days' prior written notice to Lender to (i) terminate voluntarily Borrowers' Borrower's right to receive or benefit from, and Lender's obligation to make and to incur, Revolving Credit Advances and Letter of Credit Obligations and (ii) prepay all of the Obligations. The effective date of termination of the Revolving Credit Loan specified in such notice shall be the Commitment Termination Date. If any Borrower exercises the its right of termination and prepayment, or if Lender's obligation to make Loans is terminated for any reason prior to the Stated Expiry Date then in effect (including as a result of the occurrence of a Default), Borrowers Borrower shall pay to Lender the applicable Prepayment Fee.

Appears in 1 contract

Samples: Loan and Security Agreement (Charys Holding Co Inc)

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Term and Prepayment. (a) Upon the Commitment Termination Date Date, the obligation of Lender to make Revolving Credit Advances and extend other credit hereunder shall immediately terminate and Borrowers Borrower shall pay to Lender in full, in cash: (i) all outstanding Revolving Credit Advances and all accrued but unpaid interest thereon, including Additional Interest referred to in Section 1.5(e); (ii) an amount sufficient to enable Lender to hold cash collateral as specified in Schedule C; and (iiiii) all other non-contingent Obligations due to or incurred by LenderLender in connection with advances made hereunder. (b) If the Revolving Credit Loan attributable to any Borrower shall at any time exceed such Borrower's the Borrowing Availability, then such Borrower shall immediately repay the Revolving Credit Loan in the amount of such excess. (c) Each Borrower shall have the right, at any time upon 30 days prior written notice to Lender to (i) terminate voluntarily Borrowers' Borrower's right to receive or benefit from, and Lender's obligation to make and to incur, Revolving Credit Advances and Letter of Credit Obligations Advances, and (ii) prepay all of the Obligations. The effective date of termination of the Revolving Credit Loan specified in such notice shall thereafter be the Commitment Termination Date. If any Borrower exercises the its right of termination and prepayment, or if Lender's obligation to make Loans is terminated for any reason prior to the Stated Expiry Date then in effect (including as a result of the occurrence of a Default), Borrowers Borrower shall pay to Lender the applicable Prepayment Fee.. Notwithstanding the foregoing, in no event shall the application of proceeds from the Collection Account to amounts outstanding hereunder be deemed a prepayment for

Appears in 1 contract

Samples: Loan and Security Agreement (Lendingtree Inc)

Term and Prepayment. (a) Upon the Commitment Termination Date the obligation ------------------ of Lender to make Revolving Credit Advances and extend other credit hereunder shall immediately terminate and Borrowers Borrower shall pay to Lender in full, in cash: : (i) all outstanding Revolving Credit Advances and all accrued but unpaid interest thereon, including Additional Interest referred to in Section 1.5(e); ; (ii) an amount sufficient to enable Lender to hold cash collateral as specified in Schedule C; and (iii) all other non-contingent Obligations due to or incurred by Lender. (b) If the Revolving Credit Loan attributable to any Borrower shall at any time exceed such Borrower's the Borrowing Availability, then such Borrower shall immediately repay the Revolving Credit Loan in the amount of such excess. (c) Each Borrower shall have the right, at any time upon 30 days prior written notice to Lender to (i) terminate voluntarily Borrowers' Borrower's right to receive or benefit from, and Lender's obligation to make and to incur, Revolving Credit Advances and Letter of Credit Obligations Obligations, and (ii) prepay all of the Obligations. The effective date of termination of the Revolving Credit Loan specified in such notice shall be the Commitment Termination Date. If any Borrower exercises the its right of termination and prepayment, or if Lender's obligation to make Loans is terminated for any reason prior to the Stated Expiry Date then in effect (including as a result of the occurrence of a Default), Borrowers Borrower shall pay to Lender the applicable Prepayment Fee.

Appears in 1 contract

Samples: Loan and Security Agreement (Salix Pharmaceuticals LTD)

Term and Prepayment. (a) Upon the Commitment Termination Date the The obligation of Lender to make Revolving Credit Advances and extend other credit hereunder financial accommodations shall immediately terminate and Borrowers be in effect from the Closing Date until the Commitment Termination Date. Upon the Commitment Termination Date, Borrower shall pay to Lender in full, in cash: (i) all outstanding Revolving Credit Advances and all accrued but unpaid interest thereon, including Additional Interest referred to in Section 1.5(e); (ii) an amount sufficient to enable Lender to hold cash collateral as specified in Schedule C; and (iii) all other non-contingent Obligations due to or incurred by Lender. Upon payment of the amounts specified in the immediately preceding sentence, Borrower's obligation to pay the Unused Line Fee shall simultaneously terminate. (b) If the Revolving Credit Loan attributable to any Borrower shall at any time exceed such Borrower's the Borrowing Availability, then such Borrower shall immediately repay the Revolving Credit Loan in the amount of such excess; any such excess balance outstanding shall nevertheless constitute Obligations that are evidenced by the Revolving Credit Note, secured by the Collateral and entitled to all of the benefits of the Loan Documents. (c) Each Borrower shall have the right, at any time upon 30 days prior written notice to Lender and payment of the applicable Prepayment Fee to (i) terminate voluntarily Borrowers' Borrower's right to receive or benefit from, and Lender's obligation to make and to incur, Revolving Credit Advances and Letter of Credit Obligations Obligations, and (ii) prepay all of the other Obligations. The effective date of termination of the Revolving Credit Loan specified in such notice shall be the Commitment Termination Date. If any Borrower exercises the right of termination and prepayment, or if Lender's obligation to make Loans is terminated for any reason prior to the Stated Expiry Date then in effect (including as a result of the occurrence of a Default), Borrowers shall pay to Lender the applicable Prepayment Fee.

Appears in 1 contract

Samples: Loan and Security Agreement (Sentry Technology Corp)

Term and Prepayment. (a) Upon the Commitment Termination Date the obligation of Lender to make Revolving Credit Advances and extend other credit hereunder shall immediately terminate and Borrowers Borrower shall pay to Lender in full, in cash: (i) all outstanding Revolving Credit Advances and all accrued but unpaid interest thereon, including Additional Interest referred to in Section 1.5(e); (ii) an amount sufficient to enable Lender to hold cash collateral as satisfy the Cash Collateral Account requirement specified in Schedule SCHEDULE C; and (iii) all other non-contingent Obligations due to or incurred by Lender. (b) If the Revolving Credit Loan attributable to any Borrower shall at any time exceed such Borrower's the Borrowing Availability, or if the Revolving Credit Loan shall at any time prior to the Funding Date exceed $0, then such Borrower shall immediately repay the Revolving Credit Loan in the amount of such excess. (c) Each Borrower shall have the right, at any time upon 30 days days' prior written notice to Lender to (i) to terminate voluntarily Borrowers' Borrower's right to receive or benefit from, and Lender's obligation to make and to incur, Revolving Credit Advances and Letter of Credit Obligations Obligations, and (ii) to prepay all of the Obligations. The effective date of termination of the Revolving Credit Loan specified in such notice shall be the Commitment Termination Date. If any Borrower exercises the its right of termination and prepayment, or if Lender's obligation to make Loans Revolving Credit Advances is terminated for any reason prior to the Stated Expiry Date then in effect (including as a result of the occurrence of a Default), Borrowers Borrower shall pay to Lender the applicable Prepayment Fee.

Appears in 1 contract

Samples: Loan and Security Agreement (Youthstream Media Networks Inc)

Term and Prepayment. (a) Upon the Commitment Termination Date the obligation of Lender to make Revolving Credit Advances and extend other credit hereunder shall immediately terminate and Borrowers shall pay to Lender in full, in cash: (i) all outstanding Revolving Credit Advances and all accrued but unpaid interest thereon, including Additional Interest referred to in Section 1.5(e); (ii) an amount sufficient to enable Lender to hold cash collateral as specified in Schedule SCHEDULE C; and (iii) all other non-contingent Obligations due to or incurred by Lender. (b) If the Revolving Credit Loan attributable to any Borrower shall at any time exceed such Borrower's Borrowing Availability, then such Borrower shall immediately repay the Revolving Credit Loan in the amount of such excess. (c) Each Borrower Borrowers shall have the right, at any time upon 30 days prior written notice to Lender Lender, to (i) terminate voluntarily Borrowers' right to receive or benefit from, and Lender's obligation to make and to incur, Revolving Credit Advances and Letter of Credit Obligations and (ii) prepay all of the Obligations. The effective date of termination of the Revolving Credit Loan specified in such notice shall be the Commitment Termination Date. If any Borrower exercises the Borrowers exercise their right of termination and prepayment, or if Lender's obligation to make Loans is terminated for any reason prior to the Stated Expiry Date then in effect (including or if Lender terminates this Agreement as a result of the occurrence of a Default), Borrowers shall pay to Lender the applicable Prepayment Fee. If Lender terminates this Agreement for any reason other than the occurrence of a Default, no Prepayment Fee shall be required.

Appears in 1 contract

Samples: Loan and Security Agreement (Diversified Corporate Resources Inc)

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