Common use of Voluntary Prepayments and Repayments Clause in Contracts

Voluntary Prepayments and Repayments. Borrowers may, at any time upon not less than three (3) Business Days prior notice to Agent, prepay the Term Loan or terminate the Revolving Loan Commitment; provided, however, the Revolving Loan Commitment may not be terminated by Borrowers until all Obligations are paid in full. Any prepayment of the Obligations permitted in this subsection 2.4(C) shall be subject to the payment of all fees set forth in subsection 2.3 and the Fee Letter and the payment of any amounts owing pursuant to subsection 2.12 resulting from such prepayment. In the event any Lender Letters of Credit are outstanding at the time that Borrowers prepay the Obligations and desire to terminate the Revolving Loan Commitment, Borrowers shall cause Agent and each Lender to be released from all liability under any Lender Letters of Credit or, at Agent's option, 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 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 Borrowers.

Voluntary Prepayments and Repayments. Borrowers may, at any time upon not less than three (3) Business Days prior notice to Agent, prepay the Term Loan or terminate the Revolving Loan Commitment; provided, however, the Revolving Loan Commitment may not be terminated by Borrowers until all Obligations are paid in fullan aggregate minimum amount of $100,000 and integral multiples of $50,000. Any prepayment of the Obligations permitted in this subsection 2.4(CSection 2.4(b) shall be subject to the payment of all fees set forth in subsection 2.3 and the Fee Letter and Section 2.3, including, without limitation, the payment of any amounts owing pursuant to subsection Section 2.12 resulting from such prepayment. In the event any Lender Letters of Credit are outstanding at the time that Borrowers prepay any Borrower prepays the Obligations and desire desires to terminate the Revolving Loan Commitment, 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, 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 subsection 2.3(BSection 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 BorrowersBorrower. Borrowers shall repay to the applicable 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. Borrowers Borrower may, at any ------------------------------------ time upon not less than three (3) Business Days prior notice to Agent, prepay the Term Loan terminate in full or terminate in part the Revolving Loan Commitment; provided, however, the -------- ------- Revolving Loan Commitment may not be terminated in full by Borrowers Borrower until all 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 prepayment of the Obligations permitted in this subsection 2.4(C) ----------------- shall be subject to the payment of all fees set forth in subsection 2.3 2.3, --------------- including, without limitation, the fees set forth in subsection 2.3(C) and the Fee Letter and the ----------------- payment of any amounts owing pursuant to subsection 2.12 --------------- resulting from such prepayment. In the event any Lender Letters of Credit are outstanding at the time that Borrowers prepay Borrower prepays the Obligations and desire desires to terminate the Revolving Loan Commitment, Borrowers Borrower shall cause Agent and each Lender to be released from all liability under any Lender Letters of Credit or, at Agent's option, 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 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 BorrowersBorrower.

Voluntary Prepayments and Repayments. Borrowers Borrower may, at any time upon not less than three (3) Business Days prior notice to Agent, prepay (a) reduce the Term Revolving Loan or 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 CommitmentCommitment in full; provided, however, the Revolving Loan Commitment may not be terminated by Borrowers Borrower until all other Obligations are paid in full. Any prepayment reduction or termination of the Obligations Revolving Loan Commitment permitted in this subsection Section 2.4(C) shall be subject to the payment of all fees set forth in subsection 2.3 and 2.3, including, without limitation, the fees set forth in the Fee Letter and the payment of any amounts owing pursuant to subsection Section 2.12 resulting from such prepayment. In the event any Lender Letters of Credit are outstanding at the time that Borrowers prepay prepays the Obligations and desire 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 subsection 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. Borrowers Borrower may, at any time upon not less than three (3) Business Days prior notice to Agent, prepay the Term Loan Loans or terminate the Revolving Loan Commitment; provided, however, the Revolving Loan Commitment may not be terminated by Borrowers Borrower until all Obligations are paid in full. Any prepayment of the Obligations permitted in this subsection 2.4(C) shall be subject to the payment of all fees set forth in subsection 2.3 and the Fee Letter 2.3, and the payment of any amounts owing pursuant to subsection 2.12 2.13 resulting from such prepayment. In the event any Lender Letters of Credit are outstanding at the time that Borrowers prepay Borrower prepays the Obligations and desire desires to terminate the Revolving Loan Commitment, 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, 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 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 BorrowersBorrower. Notwithstanding the foregoing, 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. Borrowers 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, prepay (a) reduce the Term Revolving Loan or 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 CommitmentCommitment in full; provided, however, the Revolving Loan Commitment may not be terminated by Borrowers Borrower until all other Obligations (including, without limitation, Term Loan A) are paid in full. Any prepayment reduction or termination of the Obligations Revolving Loan Commitment permitted in this subsection Section 2.4(C) shall be subject to the payment of all fees set forth in subsection 2.3 and 2.3, including, without limitation, the fees set forth in the Fee Letter and the payment of any amounts owing pursuant to subsection Section 2.12 resulting from such prepayment. In the event any Lender Letters of Credit are outstanding at the time that Borrowers prepay prepays the Obligations and desire 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 subsection 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. Borrowers Borrower may, at any time upon not less than three (3) Business Days prior notice to Agent, prepay the Term Loan Loans or terminate the Revolving Loan Commitment; providedPROVIDED, howeverHOWEVER, the Revolving Loan Commitment may not be terminated by Borrowers Borrower until all Obligations are paid in full. Any prepayment of the Obligations permitted in this subsection SUBSECTION 2.4(C) shall be subject to the payment of all fees set forth in subsection 2.3 and the Fee Letter SUBSECTION 2.3, and the payment of any amounts owing pursuant to subsection 2.12 SUBSECTION 2.13 resulting from such prepayment. In the event any Lender Letters of Credit are outstanding at the time that Borrowers prepay Borrower prepays the Obligations and desire desires to terminate the Revolving Loan Commitment, 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, 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 subsection 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 BorrowersBorrower. Notwithstanding the foregoing, 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. Borrowers Borrower may, at any time upon not less than three (3) Business Days prior notice to Agent, prepay the Term Loan terminate in full or terminate in part the Revolving Loan Commitment; provided, however, the Revolving Loan Commitment may not be terminated in full by Borrowers Borrower until all 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 prepayment of the Obligations permitted in this subsection 2.4(C) shall be subject to the payment of all fees set forth in subsection 2.3 and 2.3, including, without limitation, the Fee Letter fees set forth in subsection 2.3(C) and the payment of any amounts owing pursuant to subsection 2.12 resulting from such prepayment. In the event any Lender Letters of Credit are outstanding at the time that Borrowers prepay Borrower prepays the Obligations and desire desires to terminate the Revolving Loan Commitment, Borrowers Borrower shall cause Agent and each Lender to be released from all liability under any Lender Letters of Credit or, at Agent's option, 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 subsection 2.3(B) with 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 BorrowersBorrower.