Waiver of Certain Prepayments by Term B Lenders and Term C -- Sample Clauses

Waiver of Certain Prepayments by Term B Lenders and Term C --. Lenders. Notwithstanding anything to the contrary contained in this Section 4.5 ----------- or elsewhere in this Agreement (including, without limitation, in Section 12.1), ------------ the Borrower shall have the option, in its sole discretion, to give the Term B Lenders with outstanding Term B Loans and the Term C Lenders with outstanding Term C Loans the option to waive a voluntary prepayment or mandatory prepayment of such Term B Loans or Term C Loans pursuant to Section 4.3, 4.4(e), (f), (g), ------------------- --- --- (h), (i), (j), (k), and (l) (each such repayment, a "Waivable Prepayment") upon --------------------------- ------------------- the terms and provisions set forth in this Section 4.5(c). If the Borrower -------------- elects to exercise the option referred to in the preceding sentence, the Borrower shall give to the Administrative Agent written notice of its intention to give the Term B Lenders or the Term C Lenders the right to waive a Waivable Prepayment at least five (5) Business Days prior to such repayment, which notice the Administrative Agent shall promptly forward to all Term B Lenders or Term C Lenders (indicating in such notice the amount of such repayment to be applied to each such Term B Lender's or Term C Lender's outstanding Term Loans under such Term B Facility or Term C Facility, as the case may be). The Borrower's offer to permit the Term B Lenders and or Term C Lenders to waive any such Waivable Prepayment may apply to all or part of such repayment; provided, that any offer -------- to waive part of such repayment must be made ratably to the Term B Lenders on the basis of their Term B Pro Rata Share of outstanding Term B Loans and/or ratably to the Term C Lenders on the basis of their Term C Pro Rata Share of outstanding Term C Loans. In the event any such Term B Lender or Term C Lender desires to waive such Lender's right to receive any such Waivable Prepayment in whole or in part, such Lender shall so advise the Administrative Agent no later than the close of business two (2) Business Days after the date of such notice from the Administrative Agent, which notice shall also include the amount such Lender desires to receive in respect of such prepayment. If any Term B Lender or Term C Lender does not reply to the Administrative Agent within the two (2) Business Days after the date of such notice from the Administrative Agent, it will be deemed not to have waived any part of such prepayment. If any Term B Lender or Ter...
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Related to Waiver of Certain Prepayments by Term B Lenders and Term C --

  • Application of Certain Mandatory Prepayments Any prepayments made by Borrower pursuant to Section 1.3(b)(iii) above, and any prepayments from insurance or condemnation proceeds in accordance with Section 5.4(c), shall be applied as follows: first, to Fees and reimbursable expenses of Agent then due and payable pursuant to any of the Loan Documents; second, to interest then due and payable on the Swing Line Loan; third, to the principal balance of the Swing Line Loan until the same has been repaid in full; fourth, to interest then due and payable on Revolving Credit Advances; fifth, to the principal balance of Revolving Credit Advances until the same has been paid in full; and sixth, to any Letter of Credit Obligations of Borrower to provide cash collateral therefor in the manner set forth in Annex B, until all such Letter of Credit Obligations have been fully cash collateralized in the manner set forth in Annex B. Neither the Revolving Loan Commitment nor the Swing Line Commitment shall be permanently reduced by the amount of any such prepayments. Any prepayments made by Borrower pursuant to Section 1.3(b)(iv) above shall be applied to the principal balance of outstanding Revolving Credit Advances and as a concurrent and permanent reduction of the Revolving Loan Commitment, pro rata among all Lenders.

  • Application of Voluntary Prepayments by Type of Loans Any prepayment of any Loan pursuant to Section 2.13(a) shall be applied as specified by Borrower in the applicable notice of prepayment; provided that, in the event Borrower fails to specify the Loans to which any such prepayment shall be applied, such prepayment shall be applied as follows:

  • Application of Mandatory Prepayments by Type of Loans Except as provided in subsection 2.4D, any amount required to be applied as a mandatory prepayment of the Loans and/or a reduction of the Revolving Loan Commitment Amount pursuant to subsections 2.4B(iii)(a)-(f) shall be applied first to prepay the Term Loans to the full extent thereof, second, to the extent of any remaining portion of such amount, to prepay the Swing Line Loans to the full extent thereof and to permanently reduce the Revolving Loan Commitment Amount by the amount of such prepayment, third, to the extent of any remaining portion of such amount, to prepay the Revolving Loans to the full extent thereof and to further permanently reduce the Revolving Loan Commitment Amount by the amount of such prepayment, fourth, to the extent of any remaining portion of such amount, to further permanently reduce the Revolving Loan Commitment Amount to the full extent thereof and fifth, to the extent of any remaining portion of such amount, to cash collateralize any outstanding Letters of Credit. Any mandatory reduction of the Revolving Loan Commitment Amount pursuant to this subsection 2.4B shall be in proportion to each Revolving Lender’s Pro Rata Share.

  • Reduction of Commitment Prepayment of Loans Section 2.05 of the Financing Agreement is hereby amended as follows:

  • Limitation on Prepayment of LIBOR Rate Loans The Borrower may not prepay any LIBOR Rate Loan on any day other than on the last day of the Interest Period applicable thereto unless such prepayment is accompanied by any amount required to be paid pursuant to Section 5.9 hereof.

  • Application of Prepayments Reductions (a) Any prepayment of any Loan pursuant to Section 2.11 shall be applied as specified by the Borrower in the applicable notice of prepayment; provided, in the event the Borrower fails to specify the Loans to which any such prepayment shall be applied, such prepayment shall be applied as follows:

  • Limitation on Repayment of LIBOR Rate Loans The Borrower may not repay any LIBOR Rate Loan on any day other than on the last day of the Interest Period applicable thereto unless such repayment is accompanied by any amount required to be paid pursuant to Section 5.9 hereof.

  • Repayments and Prepayments; Application The Borrower agrees that the Loans shall be repaid and prepaid pursuant to the following terms.

  • Payments Reductions of Commitments Prepayments 16 2.5. Promise to Pay; Promissory Notes. 26

  • Effect of Prepayments Amounts of the Revolving Credit Loans prepaid under §3.2 and §3.3 prior to the Revolving Credit Maturity Date may be reborrowed as provided in §2. Any portion of the Term Loans that is prepaid may not be reborrowed.

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