Terms of Prepayments. (A) Any Loans prepaid or repaid pursuant to this Section 2.1(f) may not be reborrowed.
(B) Mandatory prepayments of outstanding Loans under this Agreement shall be applied pro rata among the Loan Tranches.
(C) All voluntary and mandatory prepayments of Loans under this Section 2.1(f) shall be subject to Section 2.7 but shall otherwise be without premium or penalty and shall be accompanied by accrued and unpaid interest on the principal amount to be prepaid to but excluding the date of payment. [***] Confidential treatment has been requested for the bracketed portions. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission.
(D) Any voluntary or mandatory prepayment of Loans under this Section 2.1(f) shall be made simultaneously with, and is conditioned upon, (x) the early termination of Permitted Swap Agreements to the extent that the aggregate notional amount under all such Permitted Swap Agreements would exceed 105% of the aggregate principal amount of the Loans outstanding after giving effect to such prepayment and (y) payment by the Borrower of any amount payable by the Borrower under any such Permitted Swap Agreements as a result of such early termination.
(E) The Borrower shall give the Administrative Agent at least three (3) Business Days’ notice of any voluntary or mandatory prepayment under this Section 2.1(f); provided that for mandatory prepayments from Excess Cash Flow, the Borrower’s delivery of a withdrawal/transfer certificate pursuant to Section 4.2 of the Depositary Agreement shall constitute such notice. Each notice of prepayment shall (x) specify the prepayment date, (y) with respect to a voluntary prepayment, the Loan Tranche being prepaid and the principal amount of each Loan (or portion thereof) to be prepaid and (z) be accompanied by a certificate signed by a Responsible Officer of the Borrower setting forth in reasonable detail the calculation of the amount of such prepayment.
Terms of Prepayments. (A) Upon the prepayment of any Loan Facility (whether such prepayment is an optional prepayment under Section 2.1(h)(i) or a mandatory prepayment required by the terms of this Agreement or the other Credit Documents, including a prepayment upon acceleration), Borrower shall pay (1) all accrued interest to the date of such prepayment on the amount prepaid, and (2) all Liquidation Costs incurred by Lender as a result of such prepayment. All prepayments of a Loan Facility shall reduce the remaining payments required under Section 2.1(e) in the inverse order of maturity. Borrower may not reborrow the principal amount of any Construction Loan or Term Loan which is prepaid.
(B) If Borrower proposes to refinance the Project, Borrower shall deliver a written notice of the proposed refinancing in the form of Exhibit F (a "Refinancing Notice") stating Borrower's bona fide intention to refinance the Project, together with a copy of the offer to finance, including without limitation, the name and address of the proposed refinancer, the amount of the Loan Facility to be refinanced and the interest rate and other terms of the proposed refinancing. Within thirty (30) days of receipt of such Notice, Lender shall have the first right to provide the proposed refinancing to Borrower upon such interest rate, terms and conditions proposed by such refinancer as set forth in the Refinancing Notice. If the Lender elects not to provide such refinancing, Borrower may prepay the Loan Facility; provided that, Borrower refinances the Project at the interest rate and on the other terms and conditions offered by the proposed refinancer as set forth in the Refinancing Notice provided to Lender. At the time of any such prepayment, in addition to any fees, costs or expenses otherwise payable by Borrower hereunder, Borrower shall have paid to Lender an additional amount equal to one-third of the net present value of the interest rate savings, if any, of the refinancing loan compared to the Loan Facility. Net present value of the interest payable hereunder and under the proposed refinanced loan shall be calculated for the purposes of this Section by applying a discount rate equal to the interest rate set forth in the Refinancing Notice.
Terms of Prepayments. (A) All voluntary and mandatory prepayments of Loans under this Section 2.1(f) shall be accompanied by accrued and unpaid interest on the principal amount to be prepaid to but excluding the date of payment.
(B) The Borrower shall give the Administrative Agent and the Lenders at least three (3) Business Days’ notice of any voluntary prepayment under Section 2.1(f)(i) and any mandatory prepayment under Section 2.1(f)(ii)(B). Each notice of voluntary prepayment or applicable notice mandatory prepayment shall (x) specify the prepayment date, and (y) be accompanied by a certificate signed by a Responsible Officer of the Borrower setting forth in reasonable detail the calculation of the amount of such prepayment and the applicable Make-Whole Amount.
(C) Amounts prepaid pursuant to Sections 2.1(f)(i) and 2.1(f)(ii) shall be applied on a pro rata basis to the remaining scheduled installments of the outstanding Loans. Each prepayment shall be paid to the Lenders in accordance with their respective pro rata share of the outstanding principal amount of such Loans.
Terms of Prepayments. (A) All voluntary and mandatory prepayments of Loans under this Section 2.1(f) shall be subject to Section 2.7 but shall otherwise be without premium or penalty and shall be accompanied by accrued and unpaid interest on the principal amount to be prepaid to but excluding the date of payment.
(B) The Borrower shall give the Administrative Agent at least three (3) Business Days’ notice of any voluntary prepayment under Section 2.1(f)(i). Each notice of voluntary prepayment shall (x) specify the voluntary prepayment date, and (y) be accompanied by a certificate signed by a Responsible Officer of the Borrower setting forth in reasonable detail the calculation of the amount of such voluntary prepayment.
Terms of Prepayments. (A) Any Loans prepaid or repaid pursuant to this Section 2.1(f) may not be reborrowed.
(B) All voluntary and mandatory prepayments of Loans under this Section 2.1(f) shall be subject to Section 2.7 but shall otherwise be without premium or penalty and shall be accompanied by accrued and unpaid interest on the principal amount to be prepaid to but excluding the date of payment.
(C) The Borrower shall give the Administrative Agent at least three (3) Business Days’ notice of any voluntary prepayment under Section 2.1(f)(i). Each notice of voluntary prepayment shall (x) specify the voluntary prepayment date, and (y) be accompanied by a certificate signed by a Responsible Officer of the Borrower setting forth in reasonable detail the calculation of the amount of such voluntary prepayment.
Terms of Prepayments. Within the parameters of the applications set forth above, all prepayments shall be applied first to Base Rate Loans and then to Eurodollar Loans in direct order of Interest Period maturities. All prepayments under this Section 3.2(b) shall be subject to Section 3.14. All prepayments made pursuant to this Section 3.2 shall include any interest due with respect to any amount of the Obligations being prepaid. Promptly upon receipt of any notice of prepayment pursuant to this Section 3.2, the Administrative Agent shall give notice thereof to each Lender.
Terms of Prepayments. (A) All voluntary and mandatory prepayments of the Loans shall be accompanied by a corresponding reduction in the Kronor Loan Agreement [***] Confidential treatment has been requested for the bracketed portions. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission. notional amount of one or more Interest Rate Hedge Agreements sufficient to cause the aggregate notional amount of the Interest Rate Hedge Agreements and Interest Rate Cap Agreements to be not less than the Outstanding Principal (after giving effect to such prepayment) and not more than 105% of the Outstanding Principal.
(B) All voluntary and mandatory prepayments of Loans under this Section 2.1(f) shall be subject to Section 2.7 but shall otherwise be without premium or penalty and shall be accompanied by accrued and unpaid interest on the principal amount to be prepaid to but excluding the date of payment.
(C) The Borrower shall give the Administrative Agent at least three (3) Business Days’ notice of any voluntary prepayment under Section 2.1(f)(i). Each notice of voluntary prepayment shall (x) specify the voluntary prepayment date, and (y) be accompanied by a certificate signed by a Responsible Officer of the Borrower setting forth in reasonable detail the calculation of the amount of such voluntary prepayment.
Terms of Prepayments. (i) If, on or prior to the first anniversary of the Closing Date (such first anniversary being the “Make-Whole Expiry Date”), the Borrower or any of its Subsidiaries voluntarily prepays all or any part of the principal balance of any Loan pursuant to Section 2.03(a), then the Borrower shall pay to the Administrative Agent, for the benefit of each Lender’s portion of such prepayment (based on such Lender’s Applicable Percentage in respect of the Term Facility), together with the principal balance being prepaid, the excess, if any, of the present value on the date of determination of (A) the anticipated principal amount of such Loans on the Make-Whole Expiry Date (determined without giving effect to such prepayment) plus (B) all required interest payments that would have accrued on such Loans through the Make-Whole Expiry Date, computed using a discount rate equal to the Treasury Rate as of such date of determination plus 50 basis points. For purposes of this calculation, such interest payment or accrued interest shall be projected by using the interest rate then in effect from the date of prepayment through the Make-Whole Expiry Date.
(ii) All prepayments under this Section 2.03 shall be made together with accrued interest to the date of such prepayment on the principal amount so prepaid, together with any additional amounts required pursuant to Section 3.05.
(iii) If any payment of LIBOR Loans would be made on a day other than the last day of the applicable Interest Period therefor, the Borrower may direct the Administrative Agent to (and if so directed the Administrative Agent shall) deposit such payment in the Cash Collateral Account until the last day of the applicable Interest Period at which time the Administrative Agent shall apply the amount of such payment to the prepayment of the Term Loans; provided, however that the Term Loans shall continue to bear interest as set forth in this Agreement until the last day of the applicable Interest Period therefor.
Terms of Prepayments. All voluntary and mandatory prepayments of the Loans shall be accompanied by a corresponding reduction in the notional amount of one or more Interest Rate Hedge Agreements sufficient to cause the aggregate notional amount of the Interest Rate Hedge Agreements and Interest Rate Cap Agreements to be not less than the Outstanding Principal (after giving effect to such prepayment) and not more than 105% of the Outstanding Principal.
Terms of Prepayments. Upon the prepayment of any Loan (whether such prepayment is an optional prepayment or a mandatory prepayment), Borrower shall pay to Lender (a) all accrued interest to the date of such prepayment owed pursuant to the terms of this Agreement on the amount prepaid, and (b) all accrued fees to the date of such prepayment owed pursuant to the terms of this Agreement corresponding to the amount being prepaid. Any remaining amounts not so applied to the amounts in clauses (a) and (b) above shall be used to pay principal. In no event shall any mandatory or optional prepayments be funded from the proceeds of any Loan.
