Voluntary Prepayments; Termination and Reduction in Commitments Sample Clauses
Voluntary Prepayments; Termination and Reduction in Commitments. (a) Borrower shall have the right, at any time and from time to time, to prepay the Loans without penalty or premium. Borrower shall give Agent written notice not less than 1 Business Day prior to any such prepayment with respect to Base Rate Loans and not less than 3 Eurodollar Business Days prior written notice of any such prepayment with respect to LIBOR Rate Loans. In each case, such notice shall specify the date on which such prepayment is to be made (which shall be a Business Day or Eurodollar Business Day, as applicable), and the amount of such prepayment. Each such prepayment shall be in an aggregate minimum amount of $1,000,000 and shall include interest accrued on the amount prepaid to, but not including, the date of payment in accordance with the terms hereof (or, in each case, such lesser amount constituting the amount of all Loans then outstanding). Any voluntary prepayments of principal by Borrower of a LIBOR Rate Loan prior to the end of the applicable Interest Period shall be subject to Section 2.6(b)(ii).
(b) Borrower has the option, at any time upon 3 Business Days prior written notice to Agent, to terminate this Agreement and terminate the Revolver Commitments hereunder without penalty or premium by paying to Agent, in cash, the Obligations (including contingent reimbursement obligations of Borrower with respect to outstanding Letters of Credit, but excluding contingent indemnification obligations in respect of claims that are unasserted and unanticipated) in full (including either (i) providing immediately available funds to be held by Agent for the benefit of those Lenders with a Revolver Commitment in an amount equal to 102% of the Letter of Credit Usage, or (ii) causing the original Letters of Credit to be returned to each respective Issuing Lender); provided that the Revolver Commitments shall not be terminated if after giving effect to any concurrent prepayment of the Loans in accordance with Section 2.9(a), the aggregate amount of the Revolving Credit Facility Usage and Letter of Credit Usage would exceed the aggregate amount of the Revolver Commitments. Promptly following receipt of any notice, Agent shall advise the Lenders of the contents thereof. Each notice delivered by Borrower pursuant to this Section 2.9(b) shall be irrevocable; provided that a notice of termination of the Revolver Commitments delivered by Borrower may state that such notice is conditioned upon the effectiveness of other credit facilities, in which case su...
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3.1 Conditions Precedent to the Restatement Effective Date 66 3.2 Conditions Precedent to All Extensions of Credit 67 ARTICLE IV REPRESENTATIONS AND WARRANTIES OF THE PARENT 4.1 Due Organization 68 4.2 Interests in Loan Parties and Subsidiaries 68 4.3 Requisite Power and Authorization 69 4.4 Binding Agreements 69 4.5 Compliance with Laws and Other Agreements 69 4.6 Litigation; Adverse Facts; Environmental Matters 69 4.7 Government Consents 70 4.8 [Reserved] 70 4.9 Payment of Taxes 70 4.10 Governmental Regulation 71 4.11 Disclosure 71 4.12 Debt 71 4.13 Existing Defaults 71 4.14 No Default; No Material Adverse Effect 72 4.15 Perfection, Etc 72 4.16 Historical Financial Statements 72 4.17 [Reserved] 72 4.18 [Reserved] 72 4.19 Affected Financial Institutions 72 4.20 Federal Reserve Regulations; Exchange Act 72 4.21 Employee Matters; Employee Benefit Plans 73 4.22 Sanctions, Anti-Corruption Laws and PATRIOT Act 74 4.23 Use of Proceeds 75 4.24 Properties; Licenses, Etc. 75 4.25 Solvency 75 ARTICLE V AFFIRMATIVE COVENANTS OF THE PARENT 5.1 Accounting Records and Inspection 76 5.2 Financial Statements and Other Information 76 5.3 Existence 78 5.4 Payment of Taxes and Claims 78 5.5 Compliance with Laws 79 5.6 Further Assurances 79 5.7 Additional Loan Parties; Additional Collateral 79 5.8 Insurance 79 5.9 Foreign Qualification 80 5.10 Use of Proceeds 80 5.11 Cash Management Systems 80 5.12 Maintenance of Properties 80 5.13 Conduct of Business 80