Make-Whole Amounts Sample Clauses

Make-Whole Amounts. (a) If any Note is prepaid, repaid, redeemed or paid at any time prior to the Maturity Date, including, in connection with (i) an Optional Redemption, (ii) an acceleration of the Notes following the occurrence of an Event of Default pursuant to Section 6.02 or (iii) a Change of Control, then in addition to the principal amount of the Notes and other Obligations, the Company shall contemporaneously pay in cash (A) any accrued and unpaid interest owed on such principal and (B) the Make Whole Amount, in each case, applicable to the principal amount of the Notes so prepaid, repaid, redeemed, paid or otherwise reduced.
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Make-Whole Amounts. (a) If any Note is prepaid, repaid, redeemed or paid at any time, including, in connection with (i) an Optional Redemption (but excluding, for the avoidance of doubt, any Warrantless Optional Redemption), (ii) an acceleration of the Notes following the occurrence of an Event of Default pursuant to Section 6.02 or (iii) a Major Transaction Repurchase, then in addition to the principal amount of the Notes and other Obligations and the issuance of Warrants pursuant to Section 2.14 (as applicable)), the Company shall contemporaneously pay in cash (A) any accrued and unpaid interest owed on such principal and (B) the Make Whole Amount, in each case, applicable to the principal amount of the Notes so prepaid, repaid, redeemed, paid or otherwise reduced. Notwithstanding the foregoing, no Make Whole Amount shall be payable upon any Warrantless Optional Redemption, any Major Transaction Conversion or any other conversion of the Notes into Conversion Shares.
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Make-Whole Amounts. The term "Make-Whole Amount" means with respect to a Note an amount equal to the excess, if any, of the Discounted Value of the Remaining Scheduled Payments with respect to the Called Principal of such Note over the amount of such Called Principal, provided that the Make-Whole Amount may in no event be less than zero. For the purposes of determining the Make-Whole Amount, the following terms have the following meanings:
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Make-Whole Amounts. Subject to the provisions of Section 20 of this Agreement, if for any billing period ACE*COMM has timely received the billing data from Customer, but delays in issuing such bills for a period in excess of fifteen (15) days past the mutually Scheduled Date as established in the Customer Guide, then ACE*COMM shall pay Customer an amount equal to the daily interest on the aggregate principal amount of such delayed bills, commencing on the 16th day of delay and continuing for each day the bills are not issued until the 45th day of delay, at a rate that is equal to prime interest rate plus 12% per annum or the then current cost of money to KMC ("Interest Make-Whole Amount"). Subject to the provisions of Section 20 of this Agreement, if ACE*COMM continues to delay in issuing bills after such 45 day period, then ACE*COMM shall pay to Customer, in addition to the Interest Make-Whole Amount, an amount equal to 15% of the aggregate principal amount of all such unissued bills ("Principal Make-Whole Amount"). Upon review and approval by ACE*COMM, all amounts payable to Customer by ACE*COMM under this Section 11(b) shall be paid within twenty (20) days of receiving Customer's invoice requesting such amounts. Sixty days following the date of issuance of bills subject to Principal Make-Whole Amounts, Customer shall prepare a reconciliation and promptly refund to ACE*COMM the portion, if any, of the Principal Make-Whole Amount equal to (1) the excess over 85% of the aggregate billed amount actually collected and (2) allowance for bad debt which as of the date hereof is equal to Customers preceding twelve (12) months bad debt experience as a percent of revenue. Customer will perform a final reconciliation sixty (60) days after the initial reconciliation, and shall refund to ACE*COMM Data Processing Services and Support Agreement any additional amount over 85% of the principal collected during such period and the reasonable allowance for bad debt. Make-Whole calculations and the basis for such calculations shall be subject to ACE*COMM review and approval. Any actual delay caused by any changes to the software made at the request of KMC and in the time frame mutually agreed to by Customer and ACE*COMM shall not be considered delays for purposes of this section and the grace period shall be extended on a day-for-day basis.
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Make-Whole Amounts. The Holders consent to the deferral of payment of the Make-Whole Amounts due and payable, or that may become due and payable, with respect to (i) the prepayment of $1,000,000 received by the Holders on February 11, 2002, (ii) the prepayment of $11,086,000 to be received on or before the Effective Date pursuant to Section 6.7 herein, and (iii) any further prepayments received after the Effective Date, until the earlier of (x) the Maturity Date and (y) the payment in full of all amounts due and payable under the Notes, provided that any amounts so deferred shall accrue interest at the same rate as the Notes during such deferral period.
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Make-Whole Amounts. On each date on which a Make-Whole Event occurs, the Borrower shall pay to the Lenders the related Make-Whole Amount. Make-Whole Amounts shall be payable pursuant to the Priority of Payments or as otherwise express ly stated herein. 2.8.
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Make-Whole Amounts. A Make-Whole Amount shall be calculated, and shall be payable on the applicable prepayment date, in respect of each prepayment of principal on the Senior Notes made, whether during the Restructuring Period (any such prepayment, a "Restructuring Period Prepayment") or thereafter in accordance with the provisions of the applicable Note Agreement (it being understood, for the avoidance of doubt, that principal does not include any accrued interest or Make-Whole Amounts), provided, that:
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Related to Make-Whole Amounts

  • Make-Whole Amount The term “

  • Make-Whole Payments A Make-Whole Payment will be due in connection with the Optional Redemption of the Notes on any date on or after the Earliest Redemption Date but prior to the First Par Redemption Date, as described in Section 8.2, solely to the extent funds are available therefor. Any Make-Whole Payments on a Class of Notes not previously paid will be due and payable on the earlier of the Redemption Date or the applicable Final Maturity Date. In addition, any Make-Whole Payments on a Class of Notes not previously paid will be due and payable on the date the Notes are declared to be, or have automatically become, immediately due and payable according to Section 5.2(a). For the avoidance of doubt, no Make-Whole Payment will be payable in connection with an Optional Redemption of the Notes on or after the First Par Redemption Date.

  • Optional Prepayments with Make-Whole Amount (a) The Company may, at its option, upon notice as provided below, prepay at any time all, or from time to time any part of, any Series of the Notes, in an amount not less than 10% of the aggregate principal amount of such Series of the Notes then outstanding (but if in the case of a partial prepayment, then against each tranche within such Series of Notes in proportion to the aggregate principal amount outstanding of each tranche of such Series), at 100% of the principal amount so prepaid, together with interest accrued thereon to the date of such prepayment, plus the Make-Whole Amount determined for the prepayment date with respect to such principal amount. The Company will give each holder of the Series of Notes to be prepaid written notice of each optional prepayment under this Section 8.2 not less than 10 days and not more than 60 days prior to the date fixed for such prepayment. Each such notice shall specify such date, the aggregate principal amount of the Series of the Notes to be prepaid on such date, the principal amount of each Note held by such holder to be prepaid (determined in accordance with Section 8.3), and the interest to be paid on the prepayment date with respect to such principal amount being prepaid, and shall be accompanied by a certificate of a Senior Financial Officer as to the estimated Make-Whole Amount due in connection with such prepayment (calculated as if the date of such notice were the date of the prepayment), setting forth the details of such computation. Two Business Days prior to such prepayment, the Company shall deliver to each holder of the Series of Notes to be prepaid a certificate of a Senior Financial Officer specifying the calculation of such Make-Whole Amount as of the specified prepayment date.

  • Make-Whole Premium The Make-Whole Premium when due pursuant to the terms of Section 2.1.2(d); and

  • Actual Settlement Date Accounting With respect to any sale or purchase transaction that is not posted to the Account on the contractual settlement date as referred to in Section 2.5, Bank shall post the transaction on the date on which the cash or Financial Assets received as consideration for the transaction is actually received by Bank.

  • Payment of Repurchase Prices and Substitution Shortfall Amounts The Issuer hereby directs and the Depositor hereby agrees to remit or cause to be remitted all amounts in respect of Repurchase Prices and Substitution Shortfall Amounts payable during the related Due Period in immediately available funds to the Indenture Trustee to be deposited in the Collection Account on the Business Day immediately preceding the related Payment Date for such Due Period in accordance with the provisions of the Indenture. In the event that more than one Timeshare Loan is replaced pursuant to Sections 6(a), (b) or (c) hereof on any Transfer Date, the Substitution Shortfall Amounts and the Loan Balances of Qualified Substitute Timeshare Loans shall be calculated on an aggregate basis for all substitutions made on such Transfer Date.

  • Additional Amortization Events If any one of the following events shall occur:

  • Amortization Payments The Company shall make three payments (each an “Amortization Payment”) as follows: on the six-month anniversary of the Original Issue Date, on the seven-month anniversary of the Original Issue Date, and on the Maturity Date (each such date a “Payment Date”), provided that if any Payment Date is not a Business Day, then the applicable payment shall be due on the next succeeding Business Day. Each Amortization Payment shall be equal to one-third of the original principal amount of the Note, plus all accrued interest thereon as of the Payment Date, as adjusted pursuant to Section 2(c) below. At the Holder’s option (except as set forth herein), payment may be made in cash or in duly authorized, validly issued, fully paid and non-assessable shares of Common Stock, provided the Company complies with the Equity Conditions provided in Section 2(d), below.

  • Contractual Settlement Date Accounting (a) Bank shall effect book entries on a "contractual settlement date accounting" basis as described below with respect to the settlement of trades in those markets where Bank generally offers contractual settlement day accounting and shall notify Customer of these markets from time to time.

  • Distributions Payable in Cash; Redemption Payments In the event that the Board of the Investment Company shall declare a distribution payable in cash, the Investment Company shall deliver to FTIS written notice of such declaration signed on behalf of the Investment Company by an officer thereof, upon which FTIS shall be entitled to rely for all purposes, certifying (i) the amount per share to be distributed, (ii) the record and payment dates for the distribution, and (iii) that all appropriate action has been taken to effect such distribution. Once the amount and validity of any dividend or redemption payments to shareholders have been determined, the Investment Company shall transfer the payment amounts from the Investment Company's accounts to an account or accounts held in the name of FTIS, as paying agent for the shareholders, in accordance with any applicable laws or regulations, and FTIS shall promptly cause payments to be made to the shareholders.

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