Term and Repayment Clause Samples
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Term and Repayment. 10.1 The subordinated loan has a term of 24 months. This term shall begin on the day of the payment of the loan amount to the Borrower. The Lender shall be informed in writing by email sent to the email address specified on the Platform about the exact due date for the repayment of the loan (hereinafter “Due-Date”).
10.2 On the Due Date the loan amount and outstanding interest payments shall be payable to the Lender’s settlement account created for the Lender upon registering on the Platform (hereinafter “Investor-Wallet”). By clicking on the respective payout button on the Platform, the Lender may transfer any incurred interest to the bank account specified by the Lender upon registering on the Platform or to another account specified by the Lender by updating the Lender’s profile on the Platform (hereinafter “Disbursement Account”). Any payment by the Borrower to the Investor-Wallet shall have a debt-discharging effect for the Borrower.
10.3 A premature repayment of the loan amount including interest is possible at any time. In this case the Lender shall pay the interest that fictitiously would have occurred for the first year of the loan term. A premature repayment of the loan amount after the first year of the loan term is possible considering a pro rata payment of the interest.
Term and Repayment. The Credit shall be repaid in full and cancelled on or before the Maturity Date. If no Default has occurred and is continuing, the Borrower may request that the Maturity Date be extended by up to one year on each request in accordance with the procedures specified in this Section 2.4. All payments hereunder (and if and when a demand for payment is made thereunder, the Peruvian Notes) shall be unconditional and irrevocable, and shall be paid strictly in accordance with the terms of this Agreement under all circumstances.
Term and Repayment. (a) The Credit shall be repaid in full and cancelled on or before the Maturity Date. If no Default has occurred and is continuing, the Borrowers may request that the Maturity Date be extended by up to one year on each request in accordance with the procedures specified in this Section 2.4.
(b) The Borrowers shall, if they wish to extend the Maturity Date of the Credit, make a request to each Lender by written notice given to the Agent not earlier than 90 days prior to the anniversary date of the Effective Date and not later than 60 days prior to the anniversary date of the Effective Date. Each Lender shall provide a written response to that request to the Agent within 30 days. Promptly thereafter, the Agent shall notify the Borrowers of the response of the Lenders, and shall include the names of all Declining Lenders (such notice, the “Accepting Lender Notice”).
(c) If all of the Lenders agree to extend the Maturity Date, the Maturity Date shall be extended by 365 days from the then applicable Maturity Date.
(d) If the aggregate amount of the Commitments of the Accepting Lenders is less than 662/3% of the aggregate Commitments of all Lenders then in effect, the Maturity Date shall not be extended.
(e) If the aggregate amount of the Commitments of the Accepting Lenders are equal to or greater than 662/3% but less than 100% of the aggregate Commitments of all Lenders, unless the Borrowers elect not to extend the Maturity Date by giving a further written notice to the Agent to that effect within 10 days after the Agent notifies the Borrowers of the Lenders’ response, the Maturity Date shall be extended by one year from the then applicable Maturity Date provided that the Borrowers have, before the then applicable Maturity Date, replaced or cancelled the Commitments of all Declining Lenders in the following manner:
(i) The Borrowers may, at any time on or before the 10th Banking Day following the receipt of the Accepting Lender Notice, by written request to the Agent (each, an “Acquisition Request Notice”), a copy which shall be provided by the Agent to each Lender within one Banking Day of the Agent receiving same, request that the rights and obligations of the Declining Lenders be assigned in accordance with this Section 2.4 and the following shall apply:
(A) Any Accepting Lender may, at its option, acquire all or any portion of the rights and obligations of the Declining Lenders under the Loan Documents (all of such rights and obligations being herein called...
Term and Repayment. The Credit shall be repaid in full and cancelled on the Maturity Date.
Term and Repayment. The Credit shall be repaid in full and cancelled on or before the Maturity Date. If no Default has occurred and is continuing, the Borrower may request that the Maturity Date be extended by up to one year on each request in accordance with the procedures specified in this Section 2.5. All payments hereunder shall be unconditional and irrevocable, and shall be paid strictly in accordance with the terms of this Agreement under all circumstances, including the following circumstances: (a) any lack of validity or enforceability of any order accepted by a Lender as a B/A; or (b) the existence of any claim, set off, defence or other right that the Borrower may have at any time against the holder of a B/A, a Lender or any other Person or entity, whether in connection with this Agreement or otherwise.
Term and Repayment. The term of each Note shall commence on the date specified in such Note and shall continue for the number of months, and the proration thereof, specified in the Note. Payments shall be in the amounts and shall be due and payable as set forth in the applicable Note(s). No Note may be prepaid, in whole or in part, without the written consent of Lender. Borrower agrees that any monies received by Lender for application to the payments due under the Note(s), may be applied by Lender in such amounts and to such Notes as Lender, in its sole discretion, determines. If Lender receives excess monies to be applied to a particular Note, such monies will be applied to the payments due under such Note in the reverse order of maturities. Borrower agrees that any original Note and a copy of this Agreement constitute a separately enforceable and assignable contract which incorporates all of the terms and conditions set forth in this Agreement. If any payment due under this Agreement or under any Note is not paid when due, Borrower agrees to pay, in addition to any other permitted charges, a late fee equal to ten percent (10%) of the amount past due, but in no event shall any late fee exceed the maximum amount allowed by applicable law. Lender shall have no obligation to accept any payments hereunder not accompanied by all outstanding late payment fees. This provision is not intended to create any grace period by Lender with respect to the punctual payment by Borrower. Borrower acknowledges that the late payment fee is not imposed as a charge for the use of money, but to permit Lender to offset its administrative expenses and other costs in dealing with loans not paid on time. The late payment fee shall in no way be deemed an interest charge.
Term and Repayment. The outstanding principal amount of the Loan together with all accrued and unpaid interest and all other amounts outstanding hereunder shall become due and payable in full on the Maturity Date unless sooner determined by the Lender due to the occurrence of an Event of Default.
Term and Repayment. (1) The Credit shall be repaid in full and cancelled on the Maturity Date.
(2) (i) In the event of any disposition of Property pursuant to Section 7.5(4)(e)(xi) or any receipt of insurance proceeds in respect of any such Property, or (ii) in the event that any disposition of Property that is permitted hereunder, or to which the Required Lenders or all Lenders, as applicable, have consented to, or any receipt of insurance proceeds requires such net proceeds of disposition or such net insurance proceeds to be applied to the repayment of indebtedness pursuant to the terms of the Second Lien Debt, then, in each case, unless such net proceeds of disposition or such net insurance proceeds are reinvested in the business or Property of the Borrower not later than within 365 days of the receipt of such disposition or insurance proceeds (or such shorter time period set out under the Second Lien Debt, as applicable) and provided that such reinvestment is subject to the Security:
(a) with respect to the disposition of any operating mine, or receipt of insurance proceeds in respect thereof, the Credit will be permanently reduced by an amount equivalent to the lesser of (i) the net proceeds of such disposition or such net insurance proceeds, as applicable, and (ii) US $140,000,000; and
(b) the Borrower shall make a prepayment on the outstanding Advances up to the amount of the net proceeds of such disposition or such net insurance proceeds, as applicable, before making any repayment of the Second Lien Debt.
Term and Repayment. Credit B shall be repaid in full and cancelled on or before 22 December 2007.
Term and Repayment. 7.1 The subordinated loan has a term of 30 months. This term shall begin on the day of the payment of the loan amount to the Borrower. The Lender shall be informed in writing by email sent to the email address specified on the Platform as soon as the payment is made. This email shall include the exact due date for the repayment of the loan amount including interest (hereinafter “Due Date”).
7.2 On the Due Date the loan amount including all incurred and unpaid interest shall be payable to the Lender’s personal settlement account, which was created in the course of the Lender’s registration on the Platform (hereinafter “Investor Wallet”). By clicking on the respective payout-button, the Lender may transfer the loan amount including all incurred and unpaid interest anytime to the bank account, which was provided by the Lender in the course of the Lender’s registration on the Platform or any other bank account, if the Lender’s profile was updated accordingly. Any payment by the Borrower to the account registered (and/or updated) by the Lender on the Platform shall have a debt-discharging effect for the Borrower.
7.3 A premature repayment of the loan amount including interest is possible at any time. In case the Lender repays the loan within the first 12 months after the beginning of the interest run, the Lender shall pay the interest that fictitiously would have occurred within the first 12 months of the Term. After expiry of the first 12 months of the interest run the Lender may repay the loan without penalty (i.e. in consideration of the interest that has accrued until the day of repayment).
