No Premium or Penalty. Prepayments permitted or required under this Section 3.04 shall be without premium or penalty, except as required under Section 5.02.
No Premium or Penalty. All prepayments permitted or required under this Section 3.04 shall include breakage expense, if any, required under Section 5.02 and shall be without premium or penalty.
No Premium or Penalty. Prepayments permitted or required under this Section 3.04 shall be without premium or penalty.
No Premium or Penalty. Prepayments under this Section 2.09(b) shall be without premium or penalty, except as required under Section 2.09(a)(iii) and/or Section 2.14.
No Premium or Penalty. Prepayments permitted under this Section shall be without premium or penalty, except for any break funding costs as required under Section 2.15.
No Premium or Penalty. Prepayments of Loans permitted or required under this Section 3.05 shall be without premium or penalty, except as required under Section 5.02.
No Premium or Penalty. Any mandatory prepayments under this Section 2.8 shall be made without any premium or penalty (except as set forth in Section 2.11(d) in relation to any mandatory prepayment required pursuant to Section 2.8(b) above and subject to payment of any breakage costs that may be owing pursuant to Section 2.16(a) after giving effect to such prepayment).
No Premium or Penalty. Prepayments permitted or required under this Section 3.04 shall be without premium or penalty, except as required under Section 5.02. Any mandatory prepayment of the Term Loans pursuant to Section 9.02(f) or any repricing prior to December 31, 2006 shall be in the amount of 101% of the principal being repaid.” This Second Amendment shall become effective (according to the terms hereof) on the date (the “Effective Date”) that the following conditions have been fully satisfied by the Borrower (the “Conditions”):
1. Agent shall have received via facsimile (followed by the prompt delivery of original signatures) counterpart originals of this Second Amendment, in each case duly executed and delivered by the Agent, the Borrower and the requisite Lenders;
2. Agent shall have received via facsimile (followed by the prompt delivery of original signatures) counterpart originals of the First Amendment, in each case duly executed and delivered by the Agent, the Borrower and each Lender; and
3. Borrower shall have paid to Agent all interest, fees and other amounts, if any, owed to the Agent and the Lenders and accrued and then owing on or before the Effective Date; The facsimile or other electronically transmitted copy of this Second Amendment is to be treated the same as an originally executed copy of this Second Amendment. This Second Amendment may be executed in counterparts, each of which shall be deemed to constitute an original document. The Borrower ratifies and confirms, as of the date hereof after giving effect to this Second Amendment each of the representations and warranties set forth in Sections 7.1 through 7.22, inclusive, of the Credit Agreement. This Second Amendment is limited to the specific matters described above and shall not be deemed to be a waiver, consent to or agreement to release any other matter, including without limitation any failure to comply with any provision of the Credit Agreement or any other Loan Document, or to apply to any other financial covenant or any other reporting period, or to amend or alter in any respect the term and conditions of the Credit Agreement (including without limitation all conditions and requirements for Borrowings and all indemnification obligations of the Borrower and as set forth in the Credit Agreement), the Notes or any of the other Loan Documents, or to constitute a waiver or release by the Lenders or the Agent of any right, remedy, Default or Event of Default under the Credit Agreement or any other Loa...
No Premium or Penalty. Prepayments permitted or required under this Section 3.04 shall be without premium or penalty, except as required under Section 5.02. Any mandatory prepayment of the Term Loans pursuant to Section 9.02(f) or any repricing prior to the first anniversary of the Effective Date shall be in the amount of 101% of the principal being repaid.
No Premium or Penalty. Prepayments permitted or required under this Section 3.04 shall be without premium or penalty, except as required under Section 5.02. Houston 3921802v.12
