Common use of Terms of Prepayments Clause in Contracts

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.

Appears in 1 contract

Samples: Loan Agreement (Solarcity Corp)

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Terms of Prepayments. (A) Any All voluntary and mandatory prepayments of the Loans prepaid shall be accompanied by (1) a corresponding reduction in the notional amount of one or repaid pursuant more Interest Rate Hedge Agreements sufficient to this Section 2.1(fcause the aggregate notional amount of the Interest Rate Hedge Agreements to be not less than the Outstanding Principal and not more than 105% of the Outstanding Principal (after giving effect to such prepayment) may not be reborrowedand (2) the payment of all fees, costs and expenses incurred in connection with any reduction, modification or termination of any Interest Rate Hedge Agreement as a result of any voluntary or mandatory prepayment. (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(f2.01(f) shall be subject to Section 2.7 2.07 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. (EC) 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(f2.01(f)(i); 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 voluntary prepayment shall (x) specify the voluntary prepayment date, and (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 voluntary prepayment. (D) Unless this Agreement provides for Schedule 2.01(c) to be updated in connection with any such prepayment, all voluntary and mandatory prepayments of Loans shall be applied in inverse order of maturity.

Appears in 1 contract

Samples: Credit Agreement (Solarcity Corp)

Terms of Prepayments. (Aa) Any Each prepayment of the outstanding Term Loans prepaid or repaid pursuant to this Section 2.1(f) may not be reborrowed. (B) Mandatory prepayments of outstanding Loans under this Agreement 2.05 shall be applied pro rata among to the Loan Tranchesprincipal repayment installments thereof or in inverse order of maturity, as directed by the Borrower. (Cb) All voluntary Upon the prepayment of any Loan (whether such prepayment is an optional prepayment or a mandatory prepayment), the Borrower shall pay to the Administrative Agent for the account of each Lender which made such Loan (i) all accrued interest to the date of such prepayment owed pursuant to the terms of this Agreement on the amount prepaid, (ii) all accrued fees to the date of such prepayment owed pursuant to the terms of this Agreement corresponding to the amount being prepaid (other than any annual administrative agent or collateral agent fees), and mandatory prepayments (iii) any additional amounts required pursuant to Section 3.05. (c) In the event of any prepayment of Term Loans or any reduction or termination of Term Loan Commitments under this Section 2.1(f) shall be subject to Section 2.7 but shall otherwise be without premium Agreement, such prepayment, reduction or penalty and termination shall be accompanied by accrued a concurrent reduction by the Borrower of the notional amount of the Secured Hedge Agreements (including the payment of any Swap Termination Value that becomes due 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. (Dpayable as a result thereof) Any voluntary or mandatory prepayment of Loans under this Section 2.1(f) shall be made simultaneously withthen in effect, and is conditioned uponpro rata, (x) the early termination of Permitted Swap Agreements to the extent that such a reduction is necessary so that after such prepayment the aggregate notional amount amounts under all such Permitted Swap Secured Hedge Agreements would not exceed one hundred and five percent (105% %) of the aggregate principal amount of the all Term 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 terminationoutstanding. (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.

Appears in 1 contract

Samples: Credit Agreement (Navigator Holdings Ltd.)

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Terms of Prepayments. (A) Any Loans prepaid or repaid pursuant to this Section 2.1(f2.1(g) 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(f2.1(g) 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(f2.1(g) 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(f2.1(g); provided provided, that for mandatory prepayments from Excess Cash Flowprepayments, 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.

Appears in 1 contract

Samples: Loan Agreement (Solarcity Corp)

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