MODIFICATION AND PREPAYMENT OF INTERCOMPANY LOANS Sample Clauses

MODIFICATION AND PREPAYMENT OF INTERCOMPANY LOANS. 47 SECTION 3.04.
Sample 1
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MODIFICATION AND PREPAYMENT OF INTERCOMPANY LOANS. (a) The Borrower covenants and agrees that it will not, without the consent of the Required Lenders, (i) cause or permit the terms of any Intercompany Loan or Intercompany Note or any related document (including any Guarantee or Security Document) to be amended, modified or waived in any respect (except that the Borrower and the applicable Intercompany Borrower may agree to change the rate at which interest accrues on any Intercompany Note and the Administrative Agent may, without the approval of the Required Lenders, approve any other changes that it determines are not adverse to the Lenders), (ii) cancel or compromise any Intercompany Note or contribute any Intercompany Note to the capital of the Intercompany Borrower obligated thereon, (iii) transfer or assign, or create any Lien (other than pursuant to the Domestic Pledge Agreement) on, any Intercompany Loan or Intercompany Note, or (iv) demand or accept any payment under any Intercompany Note (other than payments of interest when and as due and prepayments permitted under paragraph (b) below).
Sample 1
MODIFICATION AND PREPAYMENT OF INTERCOMPANY LOANS. (a) Each of Global and the Borrower covenants and agrees that it will not, and will not permit Swissco to, without the consent of the Required Lenders, (i) cause or permit the terms of any Intercompany Loan, Intercompany Note, Intercompany Foreign Borrower Loan or Intercompany Foreign Borrower Note or any related document (including any related Guarantee or Security Document) to be amended, modified or waived in any respect (except that the Borrower and the applicable Intercompany Borrower or Swissco and the applicable Intercompany Foreign Borrower, as the case may be, may agree to change the rate at which interest accrues on, or the currency of payment of, any Intercompany Note or Intercompany Foreign Borrower Note and the Administrative Agent may, without the approval of the Required Lenders, approve any other changes that it determines are not adverse to the Lenders), (ii) cancel or compromise any Intercompany Note or Intercompany Foreign Borrower Note or contribute any Intercompany Note or Intercompany Foreign Borrower Note to the capital of the Intercompany Borrower or Intercompany Foreign Borrower obligated thereon, (iii) transfer or assign, or create any Lien (other than pursuant to a Pledge Agreement) on, any Intercompany Loan, Intercompany Note, Intercompany Foreign Borrower Loan or Intercompany Foreign Borrower Note or (iv) demand or accept any payment under any Intercompany Note or Intercompany Foreign Borrower Note (other than payments of interest when and as due); provided, however, that, subject to Section 3.03(b), (x) repayments and prepayments of Intercompany Foreign Borrower Loans may be made from time to time so long as (A) the proceeds of such repayment or prepayment are applied by Swissco (1) for use in its business (including repayments of Indebtedness incurred as permitted by Section 7.01(c)), (2) to make other Intercompany Foreign Borrower Loans, (3) to repay or prepay the Intercompany Loan of Swissco to the extent then outstanding or (4) if a Financial Officer of Global or Swissco determines that the proceeds of such repayment or prepayment are not necessary for the purposes described in clause (1) or (2) above and no Intercompany Loans of Swissco are outstanding, to such other purposes as may be permitted under this Agreement and (B) the Borrower provides the Administrative Agent with prompt written notice of the time and amount of such repayment or prepayment and the application of the proceeds thereof under clause (2) or (3) abov...
Sample 1

Related to MODIFICATION AND PREPAYMENT OF INTERCOMPANY LOANS

  • Subordination of Intercompany Loans Each Loan Party shall cause any intercompany Indebtedness, loans or advances owed by any Loan Party to any other Loan Party to be subordinated pursuant to the terms of the Intercompany Subordination Agreement.

  • Repayment of Loans; Evidence of Debt (a) The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Loan on the Maturity Date.

  • Intercompany Loans Notwithstanding any provision to the contrary set forth in the Transaction Documents (including, without limitation, clause (s) of the definition of “Eligible Loan” in Annex X), the Guarantor (i) shall not permit any Seller to sell, transfer, assign or otherwise convey any Intercompany Loan to Bunge Funding under the Sale Agreement that has a maturity in excess of six (6) years and (ii) shall either cause a Seller, Bunge Funding or the Trustee to demand repayment of all outstanding principal and accrued interest under each Intercompany Loan or cause a Seller to refinance such amounts by making a new Intercompany Loan to the applicable Obligor within six (6) years from the date of such Intercompany Loan.

  • Repayment and Amortization of Loans; Evidence of Debt (a) The Borrowers hereby unconditionally promise to pay (i) to the Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan on the Maturity Date, (ii) to the Administrative Agent the then unpaid amount of each Protective Advance on the earlier of the Maturity Date and demand by the Administrative Agent, and (iii) to the Administrative Agent the then unpaid principal amount of each Overadvance on the earlier of the Maturity Date and demand by the Administrative Agent.

  • Payment and Prepayment of the Notes Section 8.1.

  • Repayment Prepayment and Cancellation 6 REPAYMENT

  • Repayment and Prepayment 5.1 The Borrower shall repay the Loan Amount together with all interest accrued thereon and all other amounts due from the Borrower hereunder on the Final Repayment Date, whereupon this Agreement shall be terminated.

  • Repayment of Loans; Evidence of Indebtedness (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan on the Maturity Date and (ii) to the Administrative Agent for the account of each Lender that shall have made any Competitive Loan the then unpaid principal amount of each Competitive Loan of such Lender on the last day of the Interest Period applicable to such Loan.

  • Evidence of Debt; Repayment of Loans (a) The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each Lender the principal amount of each Loan of such Lender as provided in Section 2.11.

  • Repayments of Interest Advances or the Final Advance Subject to Sections 2.06, 2.07 and 2.09 hereof, the Borrower hereby agrees, without notice of an Advance or demand for repayment from the Liquidity Provider (which notice and demand are hereby waived by the Borrower), to pay, or to cause to be paid, to the Liquidity Provider on each date on which the Liquidity Provider shall make an Interest Advance or the Final Advance, an amount equal to (a) the amount of such Advance (any such Advance, until repaid, is referred to herein as an "UNPAID ADVANCE"), plus (b) interest on the amount of each such Unpaid Advance as provided in Section 3.07 hereof; PROVIDED that if (i) the Liquidity Provider shall make a Provider Advance at any time after making one or more Interest Advances which shall not have been repaid in accordance with this Section 2.05 or (ii) this Liquidity Facility shall become a Downgraded Facility or Non-Extended Facility at any time when unreimbursed Interest Advances have reduced the Maximum Available Commitment to zero, then such Interest Advances shall cease to constitute Unpaid Advances and shall be deemed to have been changed into an Applied Downgrade Advance or an Applied Non-Extension Advance, as the case may be, for all purposes of this Agreement (including, without limitation, for the purpose of determining when such Interest Advance is required to be repaid to the Liquidity Provider in accordance with Section 2.06 and for the purposes of Section 2.06(b)

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