Common use of Mandatory Prepayment For Borrowing Base Deficiency Clause in Contracts

Mandatory Prepayment For Borrowing Base Deficiency. In the event the Total Outstandings ever exceed the Borrowing Base as determined by Lenders pursuant to Section 7(b) hereof, the Borrowers shall, within thirty (30) days after written notification from the Agent, either (A) by instruments reasonably satisfactory in form and substance to the Lender, provide the Agent with collateral with value and quality in amounts satisfactory to all of the Lenders in their discretion in order to increase the Borrowing Base by an amount at least equal to such excess, or (B) prepay, without premium or penalty, the principal amount of the Notes in an amount at least equal to such excess plus accrued interest thereon to the date of prepayment, or (C) prepay, without premium or penalty, the principal amount of such excess in five (5) equal monthly installments to be applied to principal plus accrued interest thereon with the first such monthly payment being due upon the 30th day after receipt of notice of such deficiency. If the Total Outstandings ever exceed the Commitment as a result of any required reduction in the Commitment, then in such event, Borrowers shall, upon written notice, immediately prepay the principal amount of the Notes in an amount at least equal to such excess plus accrued interest to the date of prepayment.

Appears in 1 contract

Samples: Credit Agreement (3tec Energy Corp)

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Mandatory Prepayment For Borrowing Base Deficiency. In the event the Total Outstandings ever exceed the Borrowing Base as determined by Lenders pursuant to Section 7(b) hereofand 7(c) hereof (a "Borrowing Base Deficiency"), the Borrowers Borrower shall, within thirty ninety (3090) days after written notification from the Agent, either (A) by instruments reasonably satisfactory in form and substance to the Lender, provide the Agent with collateral with value and quality in amounts satisfactory to all of the Lenders in their discretion in order to increase the Borrowing Base by an amount at least equal to such excess, or (B) prepay, without premium or penalty, the principal amount of the Notes in an amount at least equal to such excess plus accrued interest thereon to the date of prepayment, or (C) prepay, without premium or penalty, the principal amount of such excess in five not more than two (52) equal monthly installments to be applied to principal plus accrued interest thereon with the first such monthly payment being due upon the 30th 90th day after receipt of notice of such deficiency with the remaining payment being due in one hundred eighty (180) days of receipt of notice of such deficiency. If the Total Outstandings ever exceed the Commitment as a result of any required reduction in the Commitment, then in such event, Borrowers shall, upon written notice, immediately prepay the principal amount of the Notes in an amount at least equal to such excess plus accrued interest to the date of prepayment.

Appears in 1 contract

Samples: Credit Agreement (Range Resources Corp)

Mandatory Prepayment For Borrowing Base Deficiency. In the event the Total Outstandings ever exceed the Borrowing Base as determined by Lenders pursuant to Section 7(b) hereof, the Borrowers shall, within thirty (30) days after written notification from the Agent, either (A) by instruments reasonably satisfactory in form and substance to the Lender, provide the Agent with collateral with value and quality in amounts satisfactory to all of the Lenders in their discretion in order to increase the Borrowing Base by an amount at least equal to such excess, or (B) prepay, without premium or penalty, the principal amount of the Notes in an amount at least equal to such excess plus accrued interest thereon to the date of prepayment, or (C) prepay, without premium or penalty, the principal amount of such excess in five (5) equal monthly installments to be applied to principal plus accrued interest thereon with the first such monthly payment being due upon the 30th day after receipt of notice of such deficiency. If the Total Outstandings ever exceed the Commitment as a result of a Monthly Commitment Reduction or any other required reduction in the Commitment, then in such event, Borrowers shall, upon written notice, immediately prepay the principal amount of the Notes in an amount at least equal to such excess plus accrued interest to the date of prepayment.

Appears in 1 contract

Samples: Credit Agreement (3tec Energy Corp)

Mandatory Prepayment For Borrowing Base Deficiency. In the event the Total Outstandings ever exceed the Borrowing Base as determined by Lenders pursuant to Section Sections 7(b) and 7(c) hereof, the Borrowers Borrower shall, within thirty (30) days after written notification from the Agent, either (A) by instruments reasonably satisfactory in form and substance to the LenderAgent, provide the Agent with collateral with value and quality in amounts satisfactory to all of the Lenders in their discretion in order to increase the Borrowing Base by an amount at least equal to such excess, or (B) prepay, without premium or penalty, the principal amount of the Notes in an amount at least equal to such excess plus accrued interest thereon to the date of prepayment, prepayment or (C) elect by written notice to Agent to prepay, without premium or penalty, the principal amount of the Notes in an amount at least equal to such excess in five (5) equal monthly installments to be applied to principal plus accrued interest thereon in four (4) equal monthly installments, with the first such monthly payment being due upon the 30th day after receipt of notice of installment to accompany such deficiencynotice. If the Total Outstandings ever exceed the Commitment as a result of a Monthly Commitment Reduction or any other required reduction in the Commitment, then in such event, Borrowers shall, upon written notice, Borrower shall immediately prepay the principal amount of the Notes in an amount at least equal to such excess plus accrued interest to the date of prepayment.

Appears in 1 contract

Samples: Credit Agreement (Southwest Royalties Holdings Inc)

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Mandatory Prepayment For Borrowing Base Deficiency. In the event the Total Outstandings ever exceed exceeds the Borrowing Base as determined by Lenders pursuant to Section 7(b) hereofhereof (a "Borrowing Base Deficiency"), the Borrowers Borrower shall, within thirty ten (3010) days after written notification from the Agent, either (A) by instruments reasonably satisfactory in form and substance to the Lender, provide the Agent with collateral with value and quality in amounts satisfactory to all of the Lenders in their discretion in order to increase the Borrowing Base by an amount at least equal to such excess, or (B) prepay, without premium or penalty, the principal amount of the Notes in an amount at least equal to such excess plus accrued interest thereon to the date of prepayment, or (C) prepay, without premium or penalty, the principal amount of such excess in five not more than six (56) equal monthly installments to be applied to principal plus accrued interest thereon with the first such monthly payment being due upon the 30th day after receipt of notice of such deficiency; provided, however, that the entire principal amount of such excess must be repaid before the next Determination Date. If the Total Outstandings ever exceed exceeds the Commitment as a result of any a required reduction in the CommitmentCommitment pursuant to Section 2(d) hereof, then in such event, Borrowers Borrower shall, upon written notice, immediately prepay the principal amount of the Notes in an amount at least equal to such excess plus accrued interest to the date of prepayment.

Appears in 1 contract

Samples: Credit Agreement (Exco Resources Inc)

Mandatory Prepayment For Borrowing Base Deficiency. In the event the Total Outstandings ever exceed the Borrowing Base as determined by Lenders pursuant to Section 7(b) hereofand 7(c) (a "Borrowing Base Deficiency"), the Borrowers shall, within thirty ninety (3090) days after written notification from the Agent, either (A) by instruments reasonably satisfactory in form and substance to the Lender, provide the Agent with collateral Collateral with value and quality in amounts satisfactory to all of the Lenders in their discretion in order to increase the Borrowing Base by an amount at least equal to such excess, or (B) prepay, without premium or penalty, the principal amount of the Notes in an amount at least equal to such excess plus accrued interest thereon to the date of prepayment, or (C) prepay, without premium or penalty, the principal amount of such excess in five not more than two (52) equal monthly installments to be applied to principal plus accrued interest thereon with the first such monthly payment installment being due upon the 30th 90th day after receipt of notice of such deficiency with the remaining installment being due in one hundred eighty (180) days of receipt of notice of such deficiency. If the Total Outstandings ever exceed the Commitment or the Borrowing Base as a result of any a required reduction in the CommitmentCommitment or the Borrowing Base pursuant to Section 2(f), then in such event, Borrowers shall, upon written notice, immediately prepay the principal amount of the Notes in an amount at least equal to such excess plus accrued interest to the date of prepayment.

Appears in 1 contract

Samples: Credit Agreement (Range Resources Corp)

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