Amounts payable on prepayment. A voluntary prepayment under Clause 8.4 and a mandatory prepayment under Clause 8.8 shall be made together with: (a) accrued interest (and any other amount payable under Clause 22 or otherwise) in respect of the amount prepaid; (b) if the prepayment is not made on the last day of an Interest Period, any sums payable under Clause 22.1(b); and (c) the following prepayment fees as applicable: (i) 2.00% of the prepaid amount in respect of any prepayment made prior to the first anniversary of the Drawdown Date to which the Advance being repaid relates; (ii) 1.00% of the prepaid amount in respect of any prepayment made on or after the first anniversary of the Drawdown Date of such Advance but prior to the second anniversary of the Drawdown Date of such Advance; (iii) 0.50% of the prepaid amount in respect of any prepayment made on or after the second anniversary of the Drawdown Date of such Advance but prior to the third anniversary of the Drawdown Date of such Advance; and (iv) 0.0% of the prepaid amount thereafter; provided that no prepayment fee shall be payable: (A) in respect of a mandatory prepayment under Clause 8.8(b), 15.3 or 24.1(c); (B) in respect of amounts paid pursuant to Clauses 8.9(a) and (b); or (C) in respect of a voluntary prepayment under Clause 8.4 provided that such payment is made from the Earnings Account and provided that the Minimum Balance required by Clause 19.2 is always maintained.
Appears in 2 contracts
Sources: Loan Agreement (Pangaea Logistics Solutions Ltd.), Loan Agreement (Pangaea Logistics Solutions Ltd.)
Amounts payable on prepayment. A voluntary prepayment under Clause 8.4 and a mandatory prepayment under Clause 8.8 shall be made together with:
(a) accrued interest (and any other amount payable under Clause 22 or otherwise) in respect of the amount prepaid;
(b) if the prepayment is not made on the last day of an Interest Period, any sums payable under Clause 22.1(b); and
(c) the following prepayment fees as applicable:
(i) 2.00% of the prepaid amount in respect of any prepayment made prior to the first anniversary of the Drawdown Date to which the Advance being repaid relatesDate;
(ii) 1.00% of the prepaid amount in respect of any prepayment made on or after the first anniversary of the Drawdown Date of such Advance but prior to the second anniversary of the Drawdown Date of such AdvanceDate;
(iii) 0.50% of the prepaid amount in respect of any prepayment made on or after the second anniversary of the Drawdown Date of such Advance but prior to the third anniversary of the Drawdown Date of such Advance; and
(iv) 0.0% of the prepaid amount thereafterDate; provided that no prepayment fee shall be payable:
(A) in respect of a mandatory prepayment under Clause 8.8(b), 15.3 or 24.1(c);
(B) in respect of amounts paid pursuant to Clauses 8.9(a) and (b); or
(C) in respect of a voluntary prepayment under Clause 8.4 provided that such payment is made from the Earnings Account and provided that the Minimum Balance required by Clause 19.2 is always maintained.
Appears in 2 contracts
Sources: Loan Agreement (Pangaea Logistics Solutions Ltd.), Loan Agreement (Quartet Holdco Ltd.)
Amounts payable on prepayment. A voluntary Any prepayment of all or part of the Loan under Clause 8.4 and a mandatory prepayment under Clause 8.8 this Agreement shall be made together with:
4.6.1 accrued interest on the amount to be prepaid to the date of such prepayment;
4.6.2 any additional amount payable under clauses 6.6 or 12.2;
4.6.3 If the Loan or any part thereof is prepaid under clause 4.2 using Borrowed Moneys borrowed from a bank or financial institution other than the Banks
(a) accrued interest (and any other amount payable under Clause 22 or otherwise) in respect of the amount prepaid;
(b) if the prepayment is not made on the last day of an Interest Period, any sums payable under Clause 22.1(b); and
(c) the following prepayment fees as applicable:
(i) 2.00% of the prepaid amount in respect of any prepayment made prior to the first anniversary of the Drawdown Date Execution Date, then the Borrower shall pay to which the Advance being repaid relates;
(ii) 1.00Agent, on the date such prepayment is made, for payment to the Banks pro rata according to their contributions, a prepayment free of 3% of the prepaid amount in respect of any prepayment made on or after the first anniversary of the Drawdown Date of such Advance but so prepaid; or
(b) prior to the second anniversary of the Drawdown Date Execution Date, then the Borrower shall pay to the Agent, on the date such prepayment is made, for payment to the Banks pro rata according to their contributions, a prepayment fee of such Advance;
(iii) 0.502% of the prepaid amount in respect of any prepayment made on or after the second anniversary of the Drawdown Date of such Advance but so prepaid; or
(c) prior to the third anniversary of the Drawdown Date Execution Date, then the Borrower shall pay to the Agent, on the date such prepayment is made, for payment to the Banks pro rata according to their contributions, a prepayment fee of such Advance1% of the amount so prepaid; and
(iv) 0.0% 4.6.4 all other sums payable by the Borrower to the Creditors under this Agreement or any of the prepaid amount thereafter; provided other Security Documents including, without limitation, any accrued commitment commission payable under clause 5.1 and any Break Costs Provided that no prepayment fee shall be payable:
(A) in respect of if, following a mandatory prepayment under Clause 8.8(b)clauses 4.3, 15.3 4.4 and 4.5, the Borrower would be required to make a prepayment or 24.1(c);
(B) provided additional security under clause 8.2.1, the Borrower shall also make a prepayment of the remaining Advances in respect accordance with clause 8.2.1 provided further that if the ratio of amounts paid pursuant the aggregate of the Loan and Swap Exposure to Clauses 8.9(a) the value of the Mortgaged Ships and (b); or
(C) in respect other security provided therefor is less after such sale or total loss and prepayment, then the Borrower shall make an additional prepayment of a voluntary prepayment under Clause 8.4 provided that the Loan to extinguish such payment is made from the Earnings Account and provided that the Minimum Balance required by Clause 19.2 is always maintainedshortfall.
Appears in 1 contract
Sources: Loan Agreement (StealthGas Inc.)
Amounts payable on prepayment. A voluntary Any prepayment of all or part of the Loan under Clause 8.4 and a mandatory prepayment under Clause 8.8 this Agreement shall be made together with:
4.5.1 accrued interest on the amount to be prepaid to the date of such prepayment;
4.5.2 any additional amount payable under clauses 3.6, 6.6 or 12.2;
4.5.3 if any prepayment of an Advance is made under clause 4.2 using Borrowed Moneys borrowed from a bank or financial institution other than the Agent or the Lenders:
(a) accrued interest (and any other amount payable under Clause 22 or otherwise) in respect of the amount prepaid;
(b) if the prepayment is not made on the last day of an Interest Period, any sums payable under Clause 22.1(b); and
(c) the following prepayment fees as applicable:
(i) 2.00% of the prepaid amount in respect of any prepayment made prior to the first anniversary of the Drawdown Date to which in respect of Advance B (or, if the same is not drawn down the anniversary of the last day of the Drawdown Period in respect of Advance being repaid relatesB), a prepayment fee of 3% of the amount so prepaid;
(iib) 1.00% of the prepaid amount in respect of any prepayment made on or after the first anniversary of the Drawdown Date of such Advance anniversary, but prior to the second anniversary anniversary, of the Drawdown Date in respect of such Advance;
Advance B (iii) 0.50or, if the same is not drawn down the anniversary of the last day of the Drawdown Period in respect of Advance B), a prepayment fee of 2% of the prepaid amount in respect of any prepayment made on or so prepaid; or
(c) after the second anniversary of the Drawdown Date in respect of such Advance but prior to B (or, if the third same is not drawn down the anniversary of the last day of the Drawdown Date Period in respect of such AdvanceAdvance B), a prepayment fee of 1% of the amount so prepaid; and
(iv) 0.0% 4.5.4 all other sums payable by the Borrowers to the Banks under this Agreement or any of the prepaid amount thereafter; provided that no prepayment fee shall be payable:
(A) in respect of a mandatory prepayment other Security Documents including, without limitation any Break Costs and, if the whole Loan is being prepaid, any accrued commitment commission payable under Clause 8.8(b), 15.3 or 24.1(c);
(B) in respect of amounts paid pursuant to Clauses 8.9(a) and (b); or
(C) in respect of a voluntary prepayment under Clause 8.4 provided that such payment is made from the Earnings Account and provided that the Minimum Balance required by Clause 19.2 is always maintainedclause 5.1.
Appears in 1 contract
Sources: Facility Agreement (Navios Maritime Acquisition CORP)
Amounts payable on prepayment. A voluntary prepayment under Clause 8.4 and a mandatory prepayment under Clause 8.8 shall be made together with:
(a) accrued interest (and any other amount payable under Clause 22 or otherwise) in respect of the amount prepaid;
(b) if the prepayment is not made on the last day of an Interest Period, any sums payable under Clause 22.1(b); and) and Clause 22.2;
(c) in respect of the Tranche A Loan and the Tranche B Loan, the following prepayment fees as applicable:
(i) 2.001.50% of the prepaid amount in respect of any prepayment made prior to on or before the first anniversary of the Drawdown Date to which the Advance being repaid relatesDate;
(ii) 1.00% of the prepaid amount in respect of any prepayment made on or after the first anniversary of the Drawdown Date of such Advance but prior to on or before the second anniversary of the Drawdown Date of such AdvanceDate;
(iii) 0.500.25% of the prepaid amount in respect of any prepayment made on or after the second anniversary of the Drawdown Date of such Advance but prior to on or before the third anniversary of the Drawdown Date; and
(iv) 0.0% of the prepaid amount thereafter;
(d) in respect of the Tranche C Loan and the Tranche D Loan, the following prepayment fees as applicable:
(i) 1.50% of the prepaid amount in respect of any prepayment made after the Drawdown Date but on or before December 27, 2017;
(ii) 1.00% of such Advancethe prepaid amount in respect of any prepayment made after December 27, 2017 but on or before December 27, 2018;
(iii) 0.25% of the prepaid amount in respect of any prepayment made after December 27, 2018 but on or before December 27, 2019; and
(iv) 0.0% of the prepaid amount thereafter; and
(e) for the avoidance of doubt, no prepayment fee shall apply in respect of the Tranche E Loan, provided that no prepayment fee shall be payable:
(A) payable in respect the case of a mandatory prepayment under Clause 8.8(b), 15.3 or 24.1(c);
(B) in respect on account of amounts paid Total Loss pursuant to Clauses 8.9(a) and (b); or
(C) in respect of a voluntary prepayment under Clause 8.4 provided that such payment is made from the Earnings Account and provided that the Minimum Balance required by Clause 19.2 is always maintained8.8.
Appears in 1 contract
Amounts payable on prepayment. A voluntary prepayment under Clause 8.4 and a mandatory prepayment under Clause 8.8 shall be made together with:
(a) accrued interest (and any other amount payable under Clause 22 or otherwise) in respect of the amount prepaid;
(b) if the prepayment is not made on the last day of an Interest Period, any sums payable under Clause 22.1(b); and
(c) in the case of a refinancing of the Loan, the following prepayment fees as applicable:
(i) 2.00% of the prepaid amount in respect of any prepayment made prior to the first anniversary of the Drawdown Date to which the Advance being repaid relates;
(ii) 1.00% of the prepaid amount in respect of any prepayment made on or after the first anniversary of the Drawdown Date of such Advance but prior to the second anniversary of the Drawdown Date of such Advance;
(iii) 0.50% of the prepaid amount in respect of any prepayment made on or after the second anniversary of the Drawdown Date of such Advance but prior to the third anniversary of the Drawdown Date of such Advance; and
(iviii) 0.0% of the prepaid amount thereafter; provided that no prepayment fee shall be payable:
(Apayable to the Lender(s) that participates in such refinancing. For purposes of this Clause 8.9(c), “participate in such refinancing” shall mean, in respect of a mandatory prepayment Lender, to commit to make advances to the Borrowers in connection with such refinancing in an aggregate amount not less than the sum of such Lender’s Contributions under Clause 8.8(b), 15.3 or 24.1(c);
(B) in respect of amounts paid pursuant to Clauses 8.9(a) and (b); or
(C) in respect of a voluntary prepayment under Clause 8.4 provided that such payment is made from the Earnings Account and provided that the Minimum Balance required by Clause 19.2 is always maintainedLoan.
Appears in 1 contract
Amounts payable on prepayment. A voluntary prepayment under Clause 8.4 8.5 and a mandatory prepayment under Clause 8.8 Clauses 8.9 and 8.10 shall be made together with:
(a) accrued interest (and any other amount payable under Clause 22 21 or otherwise) in respect of the amount prepaid;
(b) if the prepayment is not made on the last day of an Interest Period, any sums payable under Clause 22.1(b21.1(b); and
(c) if the following prepayment fees as applicableis made within the Qualifying Period and:
(i) 2.00% of the prepaid amount in respect of any prepayment made prior relates to the first anniversary of the Drawdown Date to which the Advance being repaid relatesentire Loan;
(ii) 1.00% relates to of 50 per cent. of the prepaid amount in respect of any prepayment made on Loan or after the first anniversary of the Drawdown Date of such Advance but prior to the second anniversary of the Drawdown Date of such Advancemore;
(iii) 0.50% results from the sale of the prepaid amount in respect of any prepayment made on or after the second anniversary of the Drawdown Date of such Advance but prior to the third anniversary of the Drawdown Date of such Advancea Ship; andor
(iv) 0.0% relates to a refinancing of the whole or part of the Loan where a Lender is not participating in such refinancing, a prepayment fee of 1.00 per cent. of the amount prepaid in respect of such voluntary prepayment or, in the case of sub-paragraph (iv) above, 1.00 per cent. of the amount thereafter; prepaid which is attributable to the Lender which is not participating in the refinancing, provided that no prepayment fee shall be payable:
(A) payable in respect of a mandatory prepayment under Clause 8.8(b)8.9(b) or Clause 8.10, 15.3 or 24.1(c);
(B) in respect of amounts paid pursuant to Clauses 8.9(a) and (b); or
(C) in respect of a voluntary prepayment under Clause 8.4 provided that such payment is made from 15.2 or a cancellation of Commitment under Clause 8.4(b). For the Earnings Account purposes of this Clause 8.11 and provided that Clause 8.4, the Minimum Balance required by Clause 19.2 is always maintained"Qualifying Period" shall mean the period commencing on the date of this Agreement and ending on the first anniversary of the last Drawdown Date.
Appears in 1 contract
Amounts payable on prepayment. A voluntary prepayment under Clause 8.4 and a mandatory prepayment under Clause 8.8 shall be made together with:
(a) accrued interest (and any other amount payable under Clause 22 or otherwise) in respect of the amount prepaid;
(b) if the prepayment is not made on the last day of an Interest Period, any sums payable under Clause 22.1(b); and
(c) in the case of a refinancing of the Loan, the following prepayment fees as applicable:
(i) 2.00% of the prepaid amount in respect of any prepayment made prior to the first anniversary of the Drawdown Date to which the Advance being repaid relatesDate;
(ii) 1.00% of the prepaid amount in respect of any prepayment made on or after the first anniversary of the Drawdown Date of such Advance but prior to the second anniversary of the Drawdown Date of such Advance;
(iii) 0.50% of the prepaid amount in respect of any prepayment made on or after the second anniversary of the Drawdown Date of such Advance but prior to the third anniversary of the Drawdown Date of such AdvanceDate; and
(iviii) 0.0% of the prepaid amount thereafter; provided that no prepayment fee shall be payable:
(Apayable to the Lender(s) that participates in such refinancing. For purposes of this Clause 8.9(c), “participate in such refinancing” shall mean, in respect of a mandatory prepayment Lender, to commit to make advances to the Borrower in connection with such refinancing in an aggregate amount not less than the sum of such Lender’s Contributions under Clause 8.8(b)the Loan. For the avoidance of doubt, 15.3 or 24.1(c);
(B) in respect of amounts paid a Transfer pursuant to Clauses 8.9(a) and (b); or
(C) in respect Clause 27 shall not constitute a refinancing of a voluntary prepayment under Clause 8.4 provided that such payment is made from the Earnings Account and provided that the Minimum Balance required by Clause 19.2 is always maintainedLoan.
Appears in 1 contract
Amounts payable on prepayment. A voluntary prepayment under Clause 8.4 and a mandatory prepayment under Clause 8.8 shall be made together with:
(a) accrued interest (and any other amount payable under Clause 22 or otherwise) in respect of the amount prepaid;
(b) if the prepayment is not made on the last day of an Interest Period, any sums payable under Clause 22.1(b); and) and Clause 22.2;
(c) in respect of the Tranche A Loan and the Tranche B Loan, the following prepayment fees as applicable:
(i) 2.001.50% of the prepaid amount in respect of any prepayment made prior to on or before the first anniversary of the Drawdown Date to which the Advance being repaid relatesDate;
(ii) 1.00% of the prepaid amount in respect of any prepayment made on or after the first anniversary of the Drawdown Date of such Advance but prior to on or before the second anniversary of the Drawdown Date of such AdvanceDate;
(iii) 0.500.25% of the prepaid amount in respect of any prepayment made on or after the second anniversary of the Drawdown Date of such Advance but prior to on or before the third anniversary of the Drawdown Date; and
(iv) 0.0% of the prepaid amount thereafter; and
(d) in respect of the Tranche C Loan and the Tranche D Loan, the following prepayment fees as applicable:
(i) 1.50% of the prepaid amount in respect of any prepayment made after the Drawdown Date but on or before December 27, 2017;
(ii) 1.00% of such Advancethe prepaid amount in respect of any prepayment made after December 27, 2017 but on or before December 27, 2018;
(iii) 0.25% of the prepaid amount in respect of any prepayment made after December 27, 2018 but on or before December 27, 2019; and
(iv) 0.0% of the prepaid amount thereafter; provided that no prepayment fee shall be payable:
(A) payable in respect the case of a mandatory prepayment under Clause 8.8(b), 15.3 or 24.1(c);
(B) in respect on account of amounts paid Total Loss pursuant to Clauses 8.9(a) and (b); or
(C) in respect of a voluntary prepayment under Clause 8.4 provided that such payment is made from the Earnings Account and provided that the Minimum Balance required by Clause 19.2 is always maintained8.8.
Appears in 1 contract