Common use of Terms of All Prepayments Clause in Contracts

Terms of All Prepayments. Upon the prepayment of any Loan (whether such prepayment is an optional prepayment under Section 2.06(b), a mandatory prepayment required by Section 2.06(c) or a mandatory prepayment required by any other provision of this Agreement or the other Credit Documents, including a prepayment upon acceleration), the Borrower shall pay (i) if a LIBOR Loan or LIBOR Portion is being prepaid under Section 2.06(b) or Section 2.06(c), to the Administrative Agent for the account of the Lender that made such LIBOR Loan or LIBOR Portion all accrued interest to the date of such prepayment on the amount prepaid, (ii) if a prepayment is made upon acceleration, to the Administrative Agent for the account of the Lender that made such Loan all accrued interest and fees to the date of such prepayment on the amount prepaid and (iii) to such Lender if such prepayment is the prepayment of a LIBOR Loan or of a LIBOR Portion on a day other than the last day of an Interest Period for such LIBOR Loan or such LIBOR Portion, all amounts payable to such Lender pursuant to Section 2.13. Any prepayment shall be without prejudice to the Borrower’s obligations under any Rate Contract, which shall remain in full force and effect subject to the terms of such Rate Contract (including provisions that may require a reduction, modification or early termination of a swap transaction, in whole or in part, in the event of such prepayment, and may require the Borrower to pay any fees or other amounts for such reduction, modification or early termination), and no such fees or amounts shall be deemed a penalty hereunder or otherwise. Any prepayment shall be without prejudice to the Borrower’s obligations under any Rate Contract, which shall remain in full force and effect subject to the terms of such Rate Contract (including provisions that may require a reduction, modification or early termination of a swap transaction, in whole or in part, in the event of such prepayment, and may require the Borrower to pay any fees or other amounts for such reduction, modification or early termination), and no such fees or amounts shall be deemed a penalty hereunder or otherwise.

Terms of All Prepayments. Upon the prepayment of any Loan (whether such prepayment is an optional prepayment under Section 2.06(bOptional Prepayment or a Mandatory Prepayment), a mandatory prepayment required by Section 2.06(c) or a mandatory prepayment required by any other provision of this Agreement or the other Credit Documents, including a prepayment upon acceleration), the Borrower shall pay (i) if a LIBOR Loan or LIBOR Portion is being prepaid under Section 2.06(b) or Section 2.06(c), to the Administrative Agent for the account of the Lender that Bank which made such LIBOR Loan, the Lender Group Agent for the Lender Group which made such Loan or LIBOR Portion and/or the applicable Hedge Bank, as the case may be, (i) all accrued interest to the date of such prepayment on the amount being prepaid, (ii) if a prepayment is made upon acceleration, to the Administrative Agent for the account of the Lender that made such Loan all accrued interest and fees to the date of such prepayment on the amount prepaid and being prepaid, (iii) to the extent required by the terms of the applicable Interest Rate Agreement, all Hedge Breaking Fees owed by Borrower to such Bank, such Lender Group Agent's CP Conduit and Related Bank or such Hedge Bank as a result of such prepayment and (iv) if such prepayment is the prepayment of a LIBOR Loan or of a LIBOR Portion on a day other than the last day of an Interest Period for such LIBOR Loan, all Liquidation Costs incurred by such Bank or by such Lender Group Agent's CP Conduit and Related Bank as a result of such prepayment. Notwithstanding the foregoing, but only in respect of any Mandatory Prepayment, Borrower shall have the right (so long as neither any Borrower Inchoate Default under Section 7.1.1 nor any Borrower Event of Default shall have occurred and be continuing), by giving five Banking Days' notice to Administrative Agent, in lieu of prepaying a LIBOR Loan or on a day other than the last day of an Interest Period for such LIBOR PortionLoan, to deposit or cause Administrative Agent to deposit, into the Prepayment Account an amount equal to the LIBOR Loan to be prepaid. Such funds shall be held in the Prepayment Account until the expiration of the Interest Period applicable to the LIBOR Loan to be prepaid at which time the amount deposited in the Prepayment Account shall be used to prepay such LIBOR Loan and any interest accrued on such amount shall be applied as described in clause (i) of the first sentence of this Section 2.1.8(a). The deposit of amounts into the Prepayment Account shall not constitute a prepayment of Loans and all amounts payable Loans to be prepaid using the proceeds from such Lender account shall continue to accrue interest at the then applicable interest rate for such Loans until actually prepaid. All prepayments of Construction Loans shall be applied to reduce the remaining payments required under Section 2.1.1(d) in the inverse order of the maturity of the Construction Loans. Borrower may not reborrow the principal amount of any Construction Loan which is prepaid; provided that (i) Construction Loans that are repaid pursuant to Section 2.136.4(a)(iii) may be reborrowed, in accordance with the terms hereof, in connection with a Substitute Project that becomes an Approved Project pursuant to Section 3.11, and (ii) the Construction Loan Commitments may be reutilized as contemplated by Section 9.17 in accordance with the terms hereof. Any prepayment shall be without prejudice From the Closing Date to the Borrower’s obligations under any Rate ContractAmortization Commencement Date, which Borrower shall remain terminate, partially terminate and/or assign to a Person other than a Credit Party, in full force each case pursuant to the terms and effect subject to the terms conditions of the applicable Interest Rate Agreements, its obligations under Hedge Transactions such Rate Contract (including provisions that may require at no time shall the aggregate notional amount under all Hedge Transactions exceed the sum of the principal amount of Construction Loans outstanding plus the unfunded portion of the Allocated Portions of the Total Construction Loan Commitment for all Approved Projects. From and after the Amortization Commencement Date, Borrower shall terminate, partially terminate and/or assign to a reduction, modification or early termination of Person other than a swap transactionCredit Party, in whole or in part, in the event of such prepayment, and may require the Borrower to pay any fees or other amounts for such reduction, modification or early termination), and no such fees or amounts shall be deemed a penalty hereunder or otherwise. Any prepayment shall be without prejudice each case pursuant to the Borrower’s obligations under any Rate Contract, which shall remain in full force terms and effect subject to the terms conditions of the applicable Interest Rate Agreements, its obligations under Hedge Transactions such Rate Contract (including provisions that may require a reduction, modification or early termination at no time shall the aggregate notional amount under all Hedge Transactions exceed the principal amount of a swap transaction, in whole or in part, in the event of such prepayment, and may require the Borrower to pay any fees or other amounts for such reduction, modification or early termination), and no such fees or amounts shall be deemed a penalty hereunder or otherwiseConstruction Loans outstanding.

Terms of All Prepayments. Upon the prepayment of any Loan (whether such prepayment is an optional prepayment under Section 2.06(b), a mandatory prepayment required by Section 2.06(c2.1.7(b) or a mandatory prepayment required by any other provision of this Agreement or the other Credit Documents, including a prepayment upon accelerationMandatory Prepayment), the Borrower shall pay (i) if a LIBOR Loan or LIBOR Portion is being prepaid under Section 2.06(b) or Section 2.06(c), to the Administrative Agent for the account of the Lender that Bank which made such LIBOR Loan or LIBOR Portion Loan, as applicable, (i) all accrued interest to the date of such prepayment on the amount prepaid, (ii) if a prepayment is made upon acceleration, to the Administrative Agent for the account of the Lender that made such Loan all accrued interest and fees to the date of such prepayment on of the amount prepaid being prepaid, and (iii) to such Lender if such prepayment is the prepayment of a LIBOR Loan or of a LIBOR Portion on a day other than the last day of an Interest Period for such LIBOR Loan or such LIBOR PortionLoan, all amounts payable to Liquidation Costs incurred by such Lender pursuant to Section 2.13. Any prepayment shall be without prejudice to the Borrower’s obligations under any Rate Contract, which shall remain in full force and effect subject to the terms of such Rate Contract (including provisions that may require Bank as a reduction, modification or early termination of a swap transaction, in whole or in part, in the event result of such prepayment. Notwithstanding the foregoing, and may require Borrower shall have the Borrower right, by giving five Banking Days' notice to pay any fees or Administrative Agent, in lieu of prepaying a LIBOR Loan on a day other amounts than the last day of an Interest Period for such reductionLIBOR Loan, modification to deposit or early termination)cause Administrative Agent to deposit, and no such fees or amounts into an account to be held by Depositary Agent (which account shall be deemed subjected to the Lien of the Collateral Documents in a penalty hereunder or otherwisemanner satisfactory to Administrative Agent) an amount equal to the LIBOR Loans to be prepaid. Any prepayment Such funds shall be without prejudice held in such account until the expiration of the Interest Period applicable to the Borrower’s obligations under LIBOR Loan to be prepaid at which time the amount deposited in such account shall be used to prepay such LIBOR Loan and any Rate Contract, which interest accrued on such amount shall remain in full force and effect subject to the terms of such Rate Contract (including provisions that may require a reduction, modification or early termination of a swap transaction, in whole or in part, be deposited in the event Revenue Account. The deposit of amounts into such prepayment, account shall not constitute a prepayment of Loans and may require all Loans to be prepaid using the Borrower proceeds from such account shall continue to pay any fees or other amounts accrue interest at the then applicable interest rate for such reduction, modification or early termination), Loans until actually prepaid. All amounts in such account shall only be invested in Permitted Investments as directed by and no such fees or amounts shall be deemed a penalty hereunder or otherwiseat the expense and risk of Borrower. Borrower may reborrow the principal amount of any Loan which is prepaid.

Terms of All Prepayments. Upon the prepayment of any Loan (whether such prepayment is an optional prepayment under Section 2.06(b), a mandatory prepayment required by Section 2.06(c) or a mandatory prepayment required by any other provision of this Agreement or the other Credit Documents, including a prepayment upon acceleration), the Borrower shall pay (i) if a LIBOR Loan or LIBOR Portion is being prepaid under Section 2.06(b) or Section 2.06(c), to the Administrative Agent for the account of the Lender that made such LIBOR Loan or LIBOR Portion all accrued interest to the date of such prepayment on the amount prepaid, (ii) if a prepayment is made upon acceleration, to the Administrative Agent for the account of the Lender that made such Loan all accrued interest and fees to the date of such prepayment on the amount prepaid and (iii) to such Lender if such prepayment is the prepayment of a LIBOR Loan or of a LIBOR Portion on a day other than the last day of an Interest Period for such LIBOR Loan or such LIBOR Portion, all amounts payable to such Lender pursuant to Section 2.13. Any prepayment shall be without prejudice to the Borrower’s obligations under any Rate Contract, which shall remain in full force and effect subject to the terms of such Rate Contract (including provisions that may require a reduction, modification or early termination of a swap transaction, in whole or in part, in the event of such prepayment, and may require the Borrower to pay any fees or other amounts for such reduction, modification or early termination), and no such fees or amounts shall be deemed a penalty hereunder or otherwise. Any prepayment shall be without prejudice to the Borrower’s obligations under any Rate Contract, which shall remain in full force and effect subject to the terms of such Rate Contract (including provisions that may require a reduction, modification or early termination of a swap transaction, in whole or in part, in the event of such prepayment, and may require the Borrower to pay any fees or other amounts for such reduction, modification or early termination), and no such fees or amounts shall be deemed a penalty hereunder or otherwise.. (b)

Terms of All Prepayments. Upon the prepayment of any Loan (whether such prepayment is an optional prepayment under Section 2.06(b), a mandatory prepayment required by Section 2.06(c) or a mandatory prepayment required by any other provision of this Agreement or the other Credit Documents, including a prepayment upon acceleration), the Borrower shall pay (i) if a LIBOR Term SOFR Loan or LIBOR Term SOFR Portion is being prepaid under Section 2.06(b) or Section 2.06(c), to the Administrative Agent for the account of the Lender that made such LIBOR Term SOFR Loan or LIBOR Term SOFR Portion all accrued interest to the date of such prepayment on the amount prepaid, (ii) if a prepayment is made upon acceleration, to the Administrative Agent for the account of the Lender that made such Loan all accrued interest and fees to the date of such prepayment on the amount prepaid and (iii) to such Lender if such prepayment is the prepayment of a LIBOR Term SOFR Loan or of a LIBOR Term SOFR Portion on a day other than the last day of an Interest Period for such LIBOR Term SOFR Loan or such LIBOR Term SOFR Portion, all amounts payable to such Lender pursuant to Section 2.13. Any prepayment shall be without prejudice to the Borrower’s obligations under any Rate Contract, which shall remain in full force and effect subject to the terms of such Rate Contract (including provisions that may require a reduction, modification or early termination of a swap transaction, in whole or in part, in the event of such prepayment, and may require the Borrower to pay any fees or other amounts for such reduction, modification or early termination), and no such fees or amounts shall be deemed a penalty hereunder or otherwise. Any prepayment shall be without prejudice to the Borrower’s obligations under any Rate Contract, which shall remain in full force and effect subject to the terms of such Rate Contract (including provisions that may require a reduction, modification or early termination of a swap transaction, in whole or in part, in the event of such prepayment, and may require the Borrower to pay any fees or other amounts for such reduction, modification or early termination), and no such fees or amounts shall be deemed a penalty hereunder or otherwise.