Voluntary Prepayments of Revolving Loans. (a) The Sterling Borrower may, at its option, prepay Borrowings of Sterling Revolving Loans in Sterling in full or in amounts aggregating (pound) 500,000 or any greater integral multiple of (pound) 100,000, and the Domestic Borrower may, at its option, prepay Borrowings of Domestic Revolving Loans in full or in amounts aggregating $500,000 or any greater integral multiple of $100,000 by paying the principal amount to be prepaid together with interest accrued and unpaid thereon to the date of prepayment, and if the Domestic Borrower or the Sterling Borrower elects to prepay a Borrowing consisting of LIBOR Loans on a date other than the last day of an Interest Period applicable thereto, all compensation payments required pursuant to Section 5.16. The Domestic Borrower and Sterling Borrower may designate the Types of Loans and the specific Borrowings of Revolving Loans that are to be prepaid as part of any prepayment pursuant to this Section 5.06(a), provided that (i) if any prepayment of LIBOR Loans made pursuant to a single Borrowing of Domestic Revolving Loans shall reduce the outstanding Loans made pursuant to such Borrowing to an amount less than $500,000, such Borrowing shall immediately be converted into Base Rate Loans, (ii) if any prepayment of LIBOR Loans made pursuant to a single Borrowing of Sterling Revolving Loans shall reduce the outstanding Loans made pursuant to such Borrowing to an amount less than (pound) 500,000 such Borrowing shall immediately be converted into a Sterling Swingline Loan, and (iii) each prepayment made pursuant to a single Borrowing shall be applied pro rata among the Loans comprising such Borrowing. In the absence of a designation by the Borrower Representative, the Administrative Agent shall make such designation in its sole discretion. (b) The Borrower Representative shall give written notice (or telephonic notice confirmed in writing) to the Administrative Agent of any intended prepayment of a Borrowing of Revolving Loans pursuant to Section 5.06(a), no later than 11:00 a.m. (Atlanta, Georgia time) in the case of Domestic Revolving Loans or Sterling Revolving Loans, not less than three (3) Business Days prior to any prepayment of any Borrowing of Revolving Loans. Such notice, once given, shall be irrevocable. Upon receipt of such notice of prepayment, the Administrative Agent shall promptly notify each Revolving Lender of the contents of such notice and of such Revolving Lender's share of such prepayment.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Catalina Lighting Inc)
Voluntary Prepayments of Revolving Loans. (a) The Sterling Borrower may, at its option, prepay Borrowings of Sterling Revolving Loans in Sterling in full or in amounts aggregating (pound) 500,000 or any greater integral multiple of (pound) 100,000, and the Domestic Borrower may, at its option, prepay Borrowings of Domestic Revolving Loans in full or in amounts aggregating $500,000 or any greater integral multiple of $100,000 by paying the principal amount to be prepaid together with interest accrued and unpaid thereon to the date of prepayment, and if the Domestic Borrower or the Sterling Borrower elects to prepay a Borrowing consisting of LIBOR Loans on a date other than the last day of an Interest Period applicable thereto, all compensation payments required pursuant to Section 5.16. The Domestic Borrower and Sterling Borrower may designate the Types of Loans and the specific Borrowings of Revolving Loans that are to be prepaid as part of any prepayment pursuant to this Section 5.06(a), provided that (i) if any prepayment of LIBOR Loans made pursuant The Borrowers may, upon notice to a single Borrowing of Domestic Revolving Loans shall reduce the outstanding Loans made pursuant to such Borrowing to an amount less than $500,000, such Borrowing shall immediately be converted into Base Rate Loans, (ii) if any prepayment of LIBOR Loans made pursuant to a single Borrowing of Sterling Revolving Loans shall reduce the outstanding Loans made pursuant to such Borrowing to an amount less than (pound) 500,000 such Borrowing shall immediately be converted into a Sterling Swingline Loan, and (iii) each prepayment made pursuant to a single Borrowing shall be applied pro rata among the Loans comprising such Borrowing. In the absence of a designation by the Borrower Representative, the Administrative Agent shall make such designation in its sole discretion.
(b) The Borrower Representative shall give written notice (or telephonic notice confirmed in writing) and delivery to the Administrative Agent of a prepayment notice in form and substance reasonably satisfactory to the Administrative Agent, at any intended prepayment of a Borrowing of time or from time to time voluntarily prepay Revolving Loans pursuant to Section 5.06(a)in whole or in part without premium or penalty; provided, no that (i) such notice must be received by the Administrative Agent not later than 11:00 a.m. (Atlanta, Georgia timeA) in the case of Domestic Revolving Loans or Sterling Revolving Loans, not less than three two (32) Business Days prior to any date of prepayment of Term SOFR Loans and (B) on the date of prepayment of Base Rate Loans; (ii) any Borrowing prepayment of Revolving Term SOFR Loans shall be in a principal amount of $1,000,000 or a whole multiple of $1,000,000 in excess thereof; and (iii) any prepayment of Base Rate Loans shall be in a principal amount of $500,000 or a whole multiple of $100,000 in excess thereof or, in each case, if less, the entire principal amount thereof then outstanding. Each such notice shall specify the date and amount of such prepayment and the Type(s) of Loans to be prepaid and, if Term SOFR Loans, the Interest Period(s) of such Loans. Such notice, once given, shall be irrevocable. Upon receipt of such notice of prepayment, the The Administrative Agent shall will promptly notify each Revolving Lender of its receipt of each such notice, and of the contents amount of such notice and of such Revolving Lender's share ’s Applicable Percentage of such prepayment. The Borrowers shall make such prepayment and the payment amount specified in such notice shall be due and payable on the date specified therein. Any prepayment of any Loan shall be accompanied by all accrued interest on the amount prepaid, together with, in the case of any Term SOFR Loan, any additional amounts required pursuant to Section 3.05. Subject to Section 2.17, each such prepayment shall be applied to the Revolving Loans of the Lenders in accordance with their respective Applicable Percentages of the Revolving Credit Facility.
(ii) [Reserved].
Appears in 1 contract
Voluntary Prepayments of Revolving Loans. (a) The Sterling Borrower may, at its option, prepay Borrowings of Sterling Revolving Loans in Sterling in full or in amounts aggregating (pound) the Sterling Equivalent of $500,000 or any greater integral multiple of (pound) the Sterling Equivalent of $100,000, and the Domestic Borrower may, at its option, prepay Borrowings of Domestic Revolving Loans in full or in amounts aggregating $500,000 or any greater integral multiple of $100,000 by paying the principal amount to be prepaid together with interest accrued and unpaid thereon to the date of prepayment, and if the Domestic Borrower or the Sterling Borrower elects to prepay a Borrowing consisting of LIBOR Loans on a date other than the last day of an Interest Period applicable thereto, all compensation payments required pursuant to Section 5.16. The Domestic Borrower and Sterling Borrower may designate the Types of Loans and the specific Borrowings of Revolving Loans that are to be prepaid as part of any prepayment pursuant to this Section 5.06(a), provided that (i) if any prepayment of LIBOR Loans made pursuant to a single Borrowing of Domestic Revolving Loans shall reduce the outstanding Loans made pursuant to such Borrowing to an amount less than $500,000, such Borrowing shall immediately be converted into Base Rate Loans, (ii) if any prepayment of LIBOR Loans made pursuant to a single Borrowing of Sterling Revolving Loans shall reduce the outstanding Loans made pursuant to such Borrowing to an amount less than (pound) the Sterling Equivalent of $500,000 such Borrowing shall immediately be converted into a Overnight Sterling Swingline LoanRate Loans, and (iii) each prepayment made pursuant to a single Borrowing shall be applied pro rata among the Loans comprising such Borrowing. In the absence of a designation by the Borrower Representative, the Administrative Agent shall make such designation in its sole discretion.
(b) The Borrower Representative shall give written notice (or telephonic notice confirmed in writing) to the Administrative Agent of any intended prepayment of a Borrowing of Revolving Loans pursuant to Section 5.06(a), no later than 11:00 a.m. (Atlanta, Georgia time) in the case of Domestic Revolving Loans or and no later than 11:30 a.m. (London, England time) in the case of Sterling Revolving Loans, not less than three (3) Business Days prior to any prepayment of any Borrowing of Revolving Loans. Such notice, once given, shall be irrevocable. Upon receipt of such notice of prepayment, the Administrative Agent shall promptly notify each Revolving Lender of the contents of such notice and of such Revolving Lender's share of such prepayment.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Catalina Lighting Inc)
Voluntary Prepayments of Revolving Loans. (a) The Sterling Borrower may, at its option, prepay Borrowings of Sterling Revolving Loans in Sterling in full whole or in amounts aggregating (pound) 500,000 or any greater integral multiple of (pound) 100,000part, and the Domestic Borrower may, at its option, prepay Borrowings of Domestic Revolving Loans in full or in amounts aggregating $500,000 1,000,000 or any greater amount in integral multiple multiples of $100,000 (or in an amount equal to the amount necessary to repay all then outstanding Revolving Loans in full). Those Revolving Loans may be prepaid by paying the principal amount to be prepaid prepaid, together with interest accrued and unpaid thereon to the date of prepayment, and all compensation payments pursuant to Section 3.14 if the Domestic Borrower or the Sterling Borrower elects to prepay a Borrowing consisting of LIBOR Loans such prepayment is made on a date other than the last day of an Interest Period applicable thereto, all compensation payments required pursuant to Section 5.16. The Domestic Borrower and Sterling Borrower may designate the Types of Loans and the specific Borrowings of Revolving Loans that are to be prepaid as part of any Each such optional prepayment pursuant to this Section 5.06(a), provided that (i) if any prepayment of LIBOR Loans made pursuant to a single Borrowing of Domestic Revolving Loans shall reduce the outstanding Loans made pursuant to such Borrowing to an amount less than $500,000, such Borrowing shall immediately be converted into Base Rate Loans, (ii) if any prepayment of LIBOR Loans made pursuant to a single Borrowing of Sterling Revolving Loans shall reduce the outstanding Loans made pursuant to such Borrowing to an amount less than (pound) 500,000 such Borrowing shall immediately be converted into a Sterling Swingline Loan, and (iii) each prepayment made pursuant to a single Borrowing shall be applied pro rata among the Loans comprising such Borrowing. In the absence of a designation by the Borrower Representative, the Administrative Agent shall make such designation in its sole discretionaccordance with Section 3.9(c).
(b) The Borrower Representative shall give written notice (or telephonic notice confirmed in writing) to the Administrative Agent of any intended prepayment of a Borrowing of the Revolving Loans pursuant to Section 5.06(a), no later than 11:00 a.m. (Atlanta, Georgia timei) in the case of Domestic Revolving Loans or Sterling Revolving Loans, not less than three 1 Business Day prior to any prepayment of Base Rate Advances, and (3ii) not less than 3 Business Days prior to any prepayment of any Borrowing of Revolving LoansEurodollar Advances. Such notice, once given, shall be irrevocable. Upon receipt of such notice of prepaymentprepayment pursuant to the first sentence of this Section 3.9(b), the Administrative Agent shall promptly notify each Revolving Lender of the contents of such notice and of such Revolving Lender's ’s share of such prepayment.
(c) The Borrower, when providing notice of prepayment pursuant to Section 3.9(b) shall designate the specific Borrowing or Borrowings which are to be prepaid, provided that (i) if any prepayment of Eurodollar Advances made pursuant to a single Borrowing of the Revolving Loans shall reduce the outstanding Revolving Loans made pursuant to such Borrowing to an amount less than $1,000,000, such Borrowing shall immediately be converted into Base Rate Advances; and (ii) each prepayment made pursuant to a single Borrowing shall be applied pro rata among the Revolving Loans comprising such Borrowing. All voluntary prepayments shall be applied to the payment of any unpaid interest and other charges or fees before application to principal.
Appears in 1 contract
Samples: Credit Agreement (Gold Kist Inc.)
Voluntary Prepayments of Revolving Loans. (a) The Sterling Borrower may, at its option, prepay Borrowings of Sterling Revolving Loans in Sterling in full whole or in amounts aggregating (pound) 500,000 or any greater integral multiple of (pound) 100,000part, and the Domestic Borrower may, at its option, prepay Borrowings of Domestic Revolving Loans in full or in amounts aggregating $500,000 1,000,000 or any greater amount in integral multiple multiples of $100,000 100,000. Those Revolving Loans may be prepaid by paying the principal amount to be prepaid prepaid, together with interest accrued and unpaid thereon to the date of prepayment, and all compensation payments pursuant to Section 3.14 if the Domestic Borrower or the Sterling Borrower elects to prepay a Borrowing consisting of LIBOR Loans such prepayment is made on a date other than the last day of an Interest Period applicable thereto, all compensation payments required pursuant to Section 5.16. The Domestic Borrower and Sterling Borrower may designate the Types of Loans and the specific Borrowings of Revolving Loans that are to be prepaid as part of any Each such optional prepayment pursuant to this Section 5.06(a), provided that (i) if any prepayment of LIBOR Loans made pursuant to a single Borrowing of Domestic Revolving Loans shall reduce the outstanding Loans made pursuant to such Borrowing to an amount less than $500,000, such Borrowing shall immediately be converted into Base Rate Loans, (ii) if any prepayment of LIBOR Loans made pursuant to a single Borrowing of Sterling Revolving Loans shall reduce the outstanding Loans made pursuant to such Borrowing to an amount less than (pound) 500,000 such Borrowing shall immediately be converted into a Sterling Swingline Loan, and (iii) each prepayment made pursuant to a single Borrowing shall be applied pro rata among the Loans comprising such Borrowing. In the absence of a designation by the Borrower Representative, the Administrative Agent shall make such designation in its sole discretionaccordance with Section 3.9(c).
(b) The Borrower Representative shall give written notice (or telephonic notice confirmed in writing) to the Administrative Agent of any intended prepayment of a Borrowing of the Revolving Loans pursuant to Section 5.06(a), no later than 11:00 a.m. (Atlanta, Georgia timei) in the case of Domestic Revolving Loans or Sterling Revolving Loans, not less than three 1 Business Day prior to any prepayment of Base Rate Advances, and (3ii) not less than 3 Business Days prior to any prepayment of any Borrowing of Revolving LoansEurodollar Advances. Such notice, once given, shall be irrevocable. Upon receipt of such notice of prepaymentprepayment pursuant to the first sentence of this Section 3.9(b), the Administrative Agent shall promptly notify each Revolving Lender of the contents of such notice and of such Revolving Lender's ’s share of such prepayment.
(c) The Borrower, when providing notice of prepayment pursuant to Section 3.9(b) shall designate the specific Borrowing or Borrowings which are to be prepaid, provided that (i) if any prepayment of Eurodollar Advances made pursuant to a single Borrowing of the Revolving Loans shall reduce the outstanding Revolving Loans made pursuant to such Borrowing to an amount less than $1,000,000, such Borrowing shall immediately be converted into Base Rate Advances; and (ii) each prepayment made pursuant to a single Borrowing shall be applied pro rata among the Revolving Loans comprising such Borrowing. All voluntary prepayments shall be applied to the payment of any unpaid interest and other charges or fees before application to principal.
(d) Notwithstanding any other provision of this Agreement, if, during any period after the termination under Section 8.2(a)(i) of the Lenders’ obligations to the Borrower to extend Revolving Loans but prior to the acceleration under Section 8.2(a)(ii) of the maturity of the Borrower’s obligations under the Notes, the Lenders receive from the Borrower any amount for application to the Notes, such amount shall be deemed a payment by the Borrower to the Senior Note Holders and the Lenders pro rata, based upon the principal outstanding under the Senior Notes and the Revolving Loans, and the Lenders receiving such payments shall pay over to the Senior Note Holders and the other Lenders their pro rata share of such amount within 5 Business Days of receipt.
Appears in 1 contract
Samples: Credit Agreement (Gold Kist Inc)
Voluntary Prepayments of Revolving Loans. (a) The Sterling Borrower may, at its option, prepay Borrowings of Sterling Revolving Loans in Sterling in full or in amounts aggregating (pound) 500,000 pound)1,000,000 or any greater integral multiple of (pound) 100,000pound)100,000, and the Domestic Borrower may, at its option, prepay Borrowings of Domestic Revolving Loans in full or in amounts aggregating $500,000 or any greater integral multiple of $100,000 by paying the principal amount to be prepaid together with interest accrued and unpaid thereon to the date of prepayment, and if the Domestic Borrower or the Sterling Borrower elects to prepay a Borrowing consisting of LIBOR Loans on a date other than the last day of an Interest Period applicable thereto, all compensation payments required pursuant to Section 5.16. The Domestic Borrower and Sterling Borrower may designate the Types of Loans and the specific Borrowings of Revolving Loans that are to be prepaid as part of any prepayment pursuant to this Section 5.06(a), provided that (i) if any prepayment of LIBOR Loans made pursuant to a single Borrowing of Domestic Revolving Loans shall reduce the outstanding Loans made pursuant to such Borrowing to an amount less than $500,000, such Borrowing shall immediately be converted into Base Rate Loans, (ii) if any prepayment of LIBOR Loans made pursuant to a single Borrowing of Sterling Revolving Loans shall reduce the outstanding Loans made pursuant to such Borrowing to an amount less than (pound) 500,000 pound)500,000 such Borrowing shall immediately be converted into a Sterling Swingline Loan, and (iii) each prepayment made pursuant to a single Borrowing shall be applied pro rata among the Loans comprising such Borrowing. In the absence of a designation by the Borrower Representative, the Administrative Agent shall make such designation in its sole discretion.
(b) The Borrower Representative shall give written notice (or telephonic notice confirmed in writing) to the Administrative Agent of any intended prepayment of a Borrowing of Revolving Loans pursuant to Section 5.06(a), no later than 11:00 a.m. (Atlanta, Georgia time) in the case of Domestic Revolving Loans or Sterling Revolving Loans, not less than three (3) Business Days prior to any prepayment of any Borrowing of Revolving Loans. Such notice, once given, shall be irrevocable. Upon receipt of such notice of prepayment, the Administrative Agent shall promptly notify each Revolving Lender of the contents of such notice and of such Revolving Lender's share of such prepayment.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Catalina Lighting Inc)
Voluntary Prepayments of Revolving Loans. (a) The Sterling Borrower may, may at its option, prepay Borrowings of Sterling Revolving Loans in Sterling in full Dollars without premium or in amounts aggregating (pound) 500,000 or any greater integral multiple of (pound) 100,000penalty, and the Domestic Borrower may, at its option, prepay Borrowings of Domestic Revolving Loans in full or in amounts aggregating $500,000 or any greater integral multiple of $100,000 by paying the principal amount to be prepaid together with interest accrued and unpaid thereon to the date of prepayment, and if the Domestic Borrower or the Sterling Borrower elects to prepay a Borrowing consisting of LIBOR Loans on a date other than the last day of an Interest Period applicable thereto, all compensation payments required pursuant to Section 5.16. The Domestic Borrower and Sterling Borrower may designate the Types of Loans and the specific Borrowings of Revolving Loans that are to be prepaid as part of any prepayment pursuant to this Section 5.06(a), provided that (i) if any prepayment of LIBOR Loans made pursuant to a single Revolving Borrowing of Domestic Revolving Loans shall reduce the outstanding Loans made pursuant to such Borrowing to an amount less than $500,0001,000,000, such Borrowing shall immediately be converted into Base Rate Loans, and (ii) if any prepayment of LIBOR Loans made pursuant to a single Borrowing of Sterling Revolving Loans shall reduce the outstanding Loans made pursuant to such Borrowing to an amount less than (pound) 500,000 such Borrowing shall immediately be converted into a Sterling Swingline Loan, and (iii) each prepayment made pursuant to a single Borrowing shall be applied pro rata among the Loans comprising such Borrowing. In the absence of a designation by the Borrower RepresentativeBorrower, the Administrative Agent shall make such designation in its sole discretion.
(b) The Borrower Representative shall give written notice (or telephonic notice confirmed in writing) to the Administrative Agent of any intended prepayment of a Borrowing Borrowings of Revolving Loans pursuant to Section 5.06(a), no later than 11:00 a.m. 1:00 p.m. (Atlanta, Georgia timeGeorgia) in the case of Domestic Revolving Loans or Sterling Revolving Loans, not less than three (3) Business Days prior to any prepayment of any Borrowing of such Revolving Loans. Such notice, once given, shall be irrevocable. Upon receipt of such notice of prepayment, the Administrative Agent shall promptly notify each Revolving Lender of the contents of such notice and of such Revolving Lender's share of such prepayment.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Conso International Corp)