Common use of Voluntary Prepayments and Repayments Clause in Contracts

Voluntary Prepayments and Repayments. Borrower may, at any time upon not less than three (3) Business Days prior notice to Agent, (a) reduce the Revolving Loan Commitment in minimum reductions of $1,000,000 and in integral multiples of $500,000 in excess thereof (but in no event to a Revolving Loan Commitment of less than $25,000,000) and/or (b) terminate the Revolving Loan Commitment in full; provided, however, the Revolving Loan Commitment may not be terminated by Borrower until all other Obligations are paid in full. Any reduction or termination of the Revolving Loan Commitment permitted in this Section 2.4(C) shall be subject to the payment of all fees set forth in subsection 2.3, including, without limitation, the fees set forth in the Fee Letter and the payment of any amounts owing pursuant to Section 2.12 resulting from such prepayment. In the event any Lender Letters of Credit are outstanding at the time that Borrowers prepays the Obligations and desires to terminate the Revolving Loan Commitment, the Borrowers shall cause Agent and each Lender to be released from all liability under any Lender Letters of Credit or, at Agent’s option, the Borrowers shall (1) deposit with Agent for the benefit of all Lenders with a Revolving Loan Commitment cash in an amount equal to one hundred and five percent (105%) of the aggregate outstanding Letter of Credit Reserve to be available to Agent to reimburse payments of drafts drawn under such Lender Letters of Credit and pay any fees and expenses related thereto and (2) prepay the fees payable under Section 2.3(B) with respect to such Lender Letters of Credit for the full remaining terms of such Lender Letters of Credit. Upon termination of any such Lender Letter of Credit, the unearned portion of such prepaid fee attributable to such Lender Letter of Credit shall be refunded to the Borrowers.

Voluntary Prepayments and Repayments. Borrower may, at any time upon not less than three (3) Business Days prior notice to Agent, (a) reduce prepay the Revolving Loan Commitment in minimum reductions of $1,000,000 and in integral multiples of $500,000 in excess thereof (but in no event to a Revolving Loan Commitment of less than $25,000,000) and/or (b) Term Loans or terminate the Revolving Loan Commitment in fullCommitment; providedPROVIDED, howeverHOWEVER, the Revolving Loan Commitment may not be terminated by Borrower until all other Obligations are paid in full. Any reduction or termination prepayment of the Revolving Loan Commitment Obligations permitted in this Section SUBSECTION 2.4(C) shall be subject to the payment of all fees set forth in subsection SUBSECTION 2.3, including, without limitation, the fees set forth in the Fee Letter and the payment of any amounts owing pursuant to Section 2.12 SUBSECTION 2.13 resulting from such prepayment. In the event any Lender Letters of Credit are outstanding at the time that Borrowers Borrower prepays the Obligations and desires to terminate the Revolving Loan Commitment, the Borrowers Borrower shall cause L/C Issuer, Agent and each Lender to be released from all liability under any Lender Letters of Credit or, at Agent’s 's option, the Borrowers Borrower shall (1) deposit with Agent for the benefit of all Lenders with a Revolving Loan Commitment cash in an amount equal to one hundred and five percent (105%) of the aggregate outstanding balance of Letter of Credit Reserve Obligations to be available to Agent to reimburse payments of drafts drawn under such Lender Letters of Credit and pay any fees and expenses related thereto and (2) prepay the fees payable under Section SUBSECTION 2.3(B) with respect to such Lender Letters of Credit for the full remaining terms of such Lender Letters of Credit. Upon termination of any such Lender Letter of Credit, the unearned portion of such prepaid fee attributable to such Lender Letter of Credit shall be refunded to Borrower. Notwithstanding the Borrowersforegoing, any Lender holding any portion of Term Loan B may elect that prepayments of Term Loan B made in conjunction with a partial prepayment of the Loans be applied to Term Loan A in accordance with SUBSECTION 2.5 or as otherwise may be agreed by Requisite Lenders.

Voluntary Prepayments and Repayments. Borrower may, at any time upon not less than three (3) Business Days prior notice to Agent, (a) reduce terminate in full or in part the Revolving Loan Commitment in minimum reductions of $1,000,000 and in integral multiples of $500,000 in excess thereof (but in no event to a Revolving Loan Commitment of less than $25,000,000) and/or (b) terminate the Revolving Loan Commitment in fullCommitment; provided, however, the Revolving Loan Commitment may not be terminated in full by Borrower until all other Obligations are paid in full. At any time the Borrower may prepay the Loans, in whole or in part, without premium or penalty (unless payment of such premium is required by the provision of subsection 2.3(C)) upon not less than one Business Days' prior written notice to Agent (or three Business Days' prior notice in the case of a prepayment of any LIBOR Loans); provided, however, that notwithstanding the foregoing, Borrower shall be liable for any amounts payable by Borrower pursuant to subsection 2.12 because of prepayment of any LIBOR Loans. Any reduction or termination prepayment of the Revolving Loan Commitment Obligations permitted in this Section subsection 2.4(C) shall be subject to the payment of all fees set forth in subsection 2.3, including, without limitation, the fees set forth in the Fee Letter subsection 2.3(C) and the payment of any amounts owing pursuant to Section subsection 2.12 resulting from such prepayment. In the event any Lender Letters of Credit are outstanding at the time that Borrowers Borrower prepays the Obligations and desires to terminate the Revolving Loan Commitment, the Borrowers Borrower shall cause Agent and each Lender to be released from all liability under any Lender Letters of Credit or, at Agent’s 's option, the Borrowers Borrower shall (1) deposit with Agent for the benefit of all Lenders with a Revolving Loan Commitment cash in an amount equal to one hundred and five percent (105%) of the aggregate outstanding Letter of Credit Reserve Liability to be available to Agent to reimburse payments of drafts drawn under such Lender Letters of Credit and pay any fees and expenses related thereto and (2) prepay the fees payable under Section 2.3(B) with subsection 2.3(B)with respect to such Lender Letters of Credit for the full remaining terms of such Lender Letters of Credit. Upon termination of any such Lender Letter of Credit, the unearned portion of such prepaid fee attributable to such Lender Letter of Credit shall be refunded to the BorrowersBorrower.

Voluntary Prepayments and Repayments. Borrower may prepay the outstanding principal amount of the Term Loan A in whole or in part in multiples of (x) $100,000 or (y) such lesser amount as is then outstanding, at any time without any premium or prepayment penalty together with the accrued interest, if any, on such principal amount prepaid to the date set for prepayment. Borrower may, at any time upon not less than three (3) Business Days prior notice to Agent, (a) reduce the Revolving Loan Commitment in minimum reductions of $1,000,000 and in integral multiples of $500,000 in excess thereof (but in no event to a Revolving Loan Commitment of less than $25,000,000) and/or (b) terminate the Revolving Loan Commitment in full; provided, however, the Revolving Loan Commitment may not be terminated by Borrower until all other Obligations (including, without limitation, Term Loan A) are paid in full. Any reduction or termination of the Revolving Loan Commitment permitted in this Section 2.4(C) shall be subject to the payment of all fees set forth in subsection 2.3, including, without limitation, the fees set forth in the Fee Letter and the payment of any amounts owing pursuant to Section 2.12 resulting from such prepayment. In the event any Lender Letters of Credit are outstanding at the time that Borrowers prepays the Obligations and desires to terminate the Revolving Loan Commitment, the Borrowers shall cause Agent and each Lender to be released from all liability under any Lender Letters of Credit or, at Agent’s 's option, the Borrowers shall (1) deposit with Agent for the benefit of all Lenders with a Revolving Loan Commitment cash in an amount equal to one hundred and five percent (105%) of the aggregate outstanding Letter of Credit Reserve to be available to Agent to reimburse payments of drafts drawn under such Lender Letters of Credit and pay any fees and expenses related thereto and (2) prepay the fees payable under Section 2.3(B) with respect to such Lender Letters of Credit for the full remaining terms of such Lender Letters of Credit. Upon termination of any such Lender Letter of Credit, the unearned portion of such prepaid fee attributable to such Lender Letter of Credit shall be refunded to the Borrowers.

Voluntary Prepayments and Repayments. Borrower Borrowers may, at any time upon not less than three (3) Business Days prior notice to Agent, (a) reduce prepay the Revolving Term Loan Commitment in minimum reductions of $1,000,000 and in integral multiples of $500,000 in excess thereof (but in no event to a Revolving Loan Commitment of less than $25,000,000) and/or (b) or terminate the Revolving Loan Commitment in fullCommitment; provided, however, the Revolving Loan Commitment may not be terminated by Borrower Borrowers until all other Obligations are paid in full. Any reduction or termination prepayment of the Revolving Loan Commitment Obligations permitted in this Section subsection 2.4(C) shall be subject to the payment of all fees set forth in subsection 2.3, including, without limitation, the fees set forth in 2.3 and the Fee Letter and the payment of any amounts owing pursuant to Section subsection 2.12 resulting from such prepayment. In the event any Lender Letters of Credit are outstanding at the time that Borrowers prepays prepay the Obligations and desires desire to terminate the Revolving Loan Commitment, the Borrowers shall cause Agent and each Lender to be released from all liability under any Lender Letters of Credit or, at Agent’s 's option, the Borrowers shall (1) deposit with Agent for the benefit of all Lenders with a Revolving Loan Commitment cash in an amount equal to one hundred and five percent (105%) of the aggregate outstanding Letter of Credit Reserve to be available to Agent to reimburse payments of drafts drawn under such Lender Letters of Credit and pay any fees and expenses related thereto and (2) prepay the fees payable under Section subsection 2.3(B) with respect to such Lender Letters of Credit for the full remaining terms of such Lender Letters of Credit. Upon termination of any such Lender Letter of Credit, the unearned portion of such prepaid fee attributable to such Lender Letter of Credit shall be refunded to the Borrowers.

Voluntary Prepayments and Repayments. Borrower may, at any time upon not less than three (3) Business Days prior notice to Agent, (a) reduce prepay the Revolving Loan Commitment in minimum reductions of $1,000,000 and in integral multiples of $500,000 in excess thereof (but in no event to a Revolving Loan Commitment of less than $25,000,000) and/or (b) Term Loans or terminate the Revolving Loan Commitment in fullCommitment; provided, however, the Revolving Loan Commitment may not be terminated by Borrower until all other Obligations are paid in full. Any reduction or termination prepayment of the Revolving Loan Commitment Obligations permitted in this Section subsection 2.4(C) shall be subject to the payment of all fees set forth in subsection 2.3, including, without limitation, the fees set forth in the Fee Letter and the payment of any amounts owing pursuant to Section 2.12 subsection 2.13 resulting from such prepayment. In the event any Lender Letters of Credit are outstanding at the time that Borrowers Borrower prepays the Obligations and desires to terminate the Revolving Loan Commitment, the Borrowers Borrower shall cause L/C Issuer, Agent and each Lender to be released from all liability under any Lender Letters of Credit or, at Agent’s option, the Borrowers Borrower shall (1) deposit with Agent for the benefit of all Lenders with a Revolving Loan Commitment cash in an amount equal to one hundred and five percent (105%) of the aggregate outstanding balance of Letter of Credit Reserve Obligations to be available to Agent to reimburse payments of drafts drawn under such Lender Letters of Credit and pay any fees and expenses related thereto and (2) prepay the fees payable under Section subsection 2.3(B) with respect to such Lender Letters of Credit for the full remaining terms of such Lender Letters of Credit. Upon termination of any such Lender Letter of Credit, the unearned portion of such prepaid fee attributable to such Lender Letter of Credit shall be refunded to Borrower. Notwithstanding the Borrowersforegoing, any Lender holding any portion of Term Loan B may elect that prepayments of Term Loan B made in conjunction with a partial prepayment of the Loans be applied to Term Loan A in accordance with subsection 2.5 or as otherwise may be agreed by Requisite Lenders.

Voluntary Prepayments and Repayments. Borrower Borrowers may, at any time upon not less than three (3) Business Days prior notice to Agent, (a) reduce prepay the Revolving Loan Commitment in an aggregate minimum reductions amount of $1,000,000 100,000 and in integral multiples of $500,000 in excess thereof (but in no event to a Revolving Loan Commitment of less than $25,000,000) and/or (b) terminate the Revolving Loan Commitment in full; provided, however, the Revolving Loan Commitment may not be terminated by Borrower until all other Obligations are paid in full50,000. Any reduction or termination prepayment of the Revolving Loan Commitment Obligations permitted in this Section 2.4(C2.4(b) shall be subject to the payment of all fees set forth in subsection Section 2.3, including, without limitation, the fees set forth in the Fee Letter and the payment of any amounts owing pursuant to Section 2.12 resulting from such prepayment. In the event any Lender Letters of Credit are outstanding at the time that Borrowers any Borrower prepays the Obligations and desires to terminate the Revolving Loan Commitment, the Borrowers shall cause Agent and each Lender to be released from all liability under any Lender Letters of Credit or, at Agent’s option, the Borrowers shall (1i) deposit with Agent for the benefit of all Lenders with a Revolving Loan Commitment cash in an amount equal to one hundred and five three percent (105103%) of the aggregate outstanding Letter of Credit Reserve to be available to Agent to reimburse payments of drafts drawn under such Lender Letters of Credit and pay any fees and expenses related thereto and (2ii) prepay the fees payable under Section 2.3(B2.3(b) with respect to such Lender Letters of Credit for the full remaining terms of such Lender Letters of Credit. Upon termination of any such Lender Letter of Credit, the unearned portion of such prepaid fee attributable to such Lender Letter of Credit shall be refunded to Borrower. Borrowers shall repay to the Borrowersapplicable Swingline Lender each Swingline Loan made by such Swingline Lender on the earlier to occur of (i) the date that is five Business Days after such Swingline Loan is made and (ii) the Termination Date; provided that on each date that a Revolving Advance is made, Borrowers shall repay all Swingline Loans then outstanding and the proceeds of any such borrowing shall be applied by Agent to repay any Swingline Loans outstanding. At any time that there shall exist a Defaulting Lender, immediately upon the request of the applicable Swingline Lender, Borrowers shall repay the outstanding Swingline Loans made by such Swingline Lender in an amount sufficient to eliminate such Defaulting Lender’s Pro Rata Share of outstanding Swingline Loans made by such Swingline Lender other than Swingline Loans as to which such Defaulting Lender’s participation obligation has been reallocated to other Lenders.

Voluntary Prepayments and Repayments. Borrower may, at any ------------------------------------ time upon not less than three (3) Business Days prior notice to Agent, (a) reduce terminate in full or in part the Revolving Loan Commitment in minimum reductions of $1,000,000 and in integral multiples of $500,000 in excess thereof (but in no event to a Revolving Loan Commitment of less than $25,000,000) and/or (b) terminate the Revolving Loan Commitment in fullCommitment; provided, however, the -------- ------- Revolving Loan Commitment may not be terminated in full by Borrower until all other Obligations are paid in full. At any time the Borrower may prepay the Loans, in whole or in part, without premium or penalty (unless payment of such premium is required by the provision of subsection 2.3(C)) upon not less than one Business ----------------- Days' prior written notice to Agent (or three Business Days' prior notice in the case of a prepayment of any LIBOR Loans); provided, however, that -------- ------- notwithstanding the foregoing, Borrower shall be liable for any amounts payable by Borrower pursuant to subsection 2.12 because of prepayment of any LIBOR --------------- Loans. Any reduction or termination prepayment of the Revolving Loan Commitment Obligations permitted in this Section subsection 2.4(C) ----------------- shall be subject to the payment of all fees set forth in subsection 2.3, --------------- including, without limitation, the fees set forth in the Fee Letter subsection 2.3(C) and the ----------------- payment of any amounts owing pursuant to Section subsection 2.12 --------------- resulting from such prepayment. In the event any Lender Letters of Credit are outstanding at the time that Borrowers Borrower prepays the Obligations and desires to terminate the Revolving Loan Commitment, the Borrowers Borrower shall cause Agent and each Lender to be released from all liability under any Lender Letters of Credit or, at Agent’s 's option, the Borrowers Borrower shall (1) deposit with Agent for the benefit of all Lenders with a Revolving Loan Commitment cash in an amount equal to one hundred and five percent (105%) of the aggregate outstanding Letter of Credit Reserve Liability to be available to Agent to reimburse payments of drafts drawn under such Lender Letters of Credit and pay any fees and expenses related thereto and (2) prepay the fees payable under Section subsection 2.3(B) with respect to such Lender Letters of ----------------- Credit for the full remaining terms of such Lender Letters of Credit. Upon termination of any such Lender Letter of Credit, the unearned portion of such prepaid fee attributable to such Lender Letter of Credit shall be refunded to the BorrowersBorrower.