No Voluntary Prepayments Sample Clauses

No Voluntary Prepayments. (i) GSRP shall not have the right to voluntarily prepay the Canyons Loan, the Steamboat Loan, the *Sugarloaf Loan and/or the *Sugarbush Loan prior to the first Business Day of the 12th month following the Closing Date (not counting, for purposes of determining such 12th month, the month in which the Closing Date occurs) except, as provided in this Section 2.5, in connection with the sales of Quartershare Interests, and/or Commercial Units in any one or more of the Jordan Bowl Project, the Attitash Project, the Killington Project and the Mt. Snow Project made in the normal and ordinary course of GSRP's business on an arm's-length basis to Persons that are not Affiliates or, with the prior consent of the Administrative Agent, to an Affiliate, and except as otherwise set forth in this Section 2.5 or in Sections 3.5 or 3.6 hereof. GSRP shall not have the right to voluntarily prepay the Jordan Bowl Loan, the Attitash Loan, the Killington Loan and/or the Mt. Snow Loan except, as provided under this Section 2.5, in connection with the sales of Quartershare Interests and/or Commercial Units in any one or more of the Jordan Bowl Project, the Attitash Project, the Killington Project, the Mt. Snow Project, the Steamboat Project, the Canyons Project, the *Sugarbush Project and the *Sugarloaf Project made in the normal and ordinary course of GSRP's business on an arm's-length basis to Persons that are not Affiliates or, with the prior consent of the Administrative Agent, to an Affiliate, and except as otherwise set forth in this Section 2.5 or in Sections 3.5 or 3.6 hereof.
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No Voluntary Prepayments. (a) The Borrower shall not be entitled to voluntarily prepay any principal amount of the Loan, in whole or in part in any circumstances except as provided in Section 3.2(b).
No Voluntary Prepayments. ... 21 5 AGENT'S AND/OR LENDERS' BOOKS AND RECORDS; MONTHLY STATEMENTS.............................. 21
No Voluntary Prepayments. (a) Ark shall not be permitted to prepay the U.S. Term Loan without the prior written consent of the U.S. Lender and in the event any prepayment is permitted, same shall be conditioned upon payment of a prepayment fee on the prepaid amount at the rates and in the matter specified in Section 12.
No Voluntary Prepayments. The Borrower may not prepay the Loans.
No Voluntary Prepayments. This Note may not be voluntarily prepaid in whole or in part at any time prior to the Maturity Date, except from (a) any cash proceeds received by Cherokee Inc. pursuant to the exercise of the over-allotment option pursuant to the equity offering consummated in accordance with Cherokee Inc.’s registration statement on Form S-3, dated June 23, 2015, as supplemented including by the prospectus supplement dated November 29, 2016 (together with any preliminary prospectus supplement used or filed for use in connection with such equity offering), in each case as filed with the SEC, in excess of 5% of the initial issuance size of such equity offering (without giving effect to such overallotment option exercise) to the extent such excess cash proceeds are made available to the Borrower and (b) any cash proceeds received by the Borrower as an adjustment to the purchase price of the Acquisition in connection with the Accounts Receivable pursuant to Section 5.2 and Schedule 8 of the Share Purchase Agreement. The Lender and the Borrower each hereby acknowledges that any cash proceeds received by Cherokee Inc. or the Borrower pursuant to clauses (a) or (b) in the preceding sentence shall be unrestricted cash of Cherokee Inc. and its subsidiaries.
No Voluntary Prepayments. On and after the Tenth Amendment Effective Date, none of the Parent, any Borrower or Subsidiary shall voluntarily prepay any indebtedness or obligations, other than the Obligations owing to the Lenders, except for the payment of the Borrowersprofessional fee retainers as expressly provided for in the Budget.
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No Voluntary Prepayments. Borrower shall not have the right to voluntarily prepay the Loan except in connection with the sales of Quartershare Interests, Residential Units and/or Commercial Units in any of the Projects made in the normal and ordinary course of Borrower's business on an arm's-length basis to Persons that are not Affiliates or, with the prior consent of the Administrative Agent, to an Affiliate, and except as otherwise set forth in this Section 2.5 or in Sections 3.5 or 3.6 hereof. The Borrower acknowledges and agrees that if any of the Quartershare Interests, Residential Units and/or Commercial Units in any of the Projects are sold in other than in the normal and ordinary course of Borrower's business, or on other than an arm's-length basis, or to Persons that are Affiliates (unless the Administrative Agent shall have consented thereto), then the Borrower shall not have the right to prepay the Loan. In such event, the Borrower's obligation to make the payments set forth in Section 2.5 hereof shall be mandatory but the Administrative Agent shall have the right to retain such payments as additional Collateral hereunder on behalf of the Lenders and not apply it as set forth in Section 2.5(d) hereof.

Related to No Voluntary Prepayments

  • Voluntary Prepayments (a) The Borrower shall have the right to prepay Term Loans, Revolving Credit Loans, Extended Revolving Credit Loans and Additional/Replacement Revolving Credit Loans and Swingline Loans, without, except as set forth in Section 5.1(b), premium or penalty, in whole or in part from time to time on the following terms and conditions: (1) the Borrower shall give the Administrative Agent at the Administrative Agent’s Office written notice (or telephonic notice promptly confirmed in writing) of its intent to make such prepayment, the amount of such prepayment and in the case of Eurodollar Loans, the specific Borrowing(s) pursuant to which made, which notice shall be in the form attached hereto as Exhibit N and be given by the Borrower no later than 1:00 p.m. (New York City time) (x) on the date of such prepayment (in the case of ABR Loans, including Swingline Loans) or (y) three Business Days prior to (in the case of Eurodollar Loans), and, in each case, the Administrative Agent shall promptly notify each of the relevant Lenders or the relevant Swingline Lender, as the case may be, (2) each partial prepayment of any Borrowing of Term Loans or Revolving Credit Loans shall be in a multiple of $500,000 and in an aggregate principal amount of at least $1,000,000 and each partial prepayment of Swingline Loans shall be in a multiple of $100,000 and in an aggregate principal amount of at least $100,000; provided that no partial prepayment of Eurodollar Loans made pursuant to a single Borrowing shall reduce the outstanding Eurodollar Loans made pursuant to such Borrowing to an amount less than the Minimum Borrowing Amount for Eurodollar Loans and (3) any prepayment of Eurodollar Loans pursuant to this Section 5.1 on any day other than the last day of an Interest Period applicable thereto shall be subject to compliance by the Borrower with the applicable provisions of Section 2.11. Each such notice shall specify the date and amount of such prepayment and the Class(es) and Type(s) of Loans to be prepaid. Each prepayment in respect of any Class of Term Loans pursuant to this Section 5.1 shall be applied to reduce the Repayment Amounts in such order as the Borrower may determine and may be applied to any Class of Term Loans as directed by the Borrower. For the avoidance of doubt, the Borrower may (i) prepay Term Loans of an Existing Term Loan Class pursuant to this Section 5.1 without any requirement to prepay Extended Term Loans that were converted or exchanged from such Existing Term Loan Class and (ii) prepay Extended Term Loans pursuant to this Section 5.1 without any requirement to prepay Term Loans of an Existing Term Loan Class that were converted or exchanged for such Extended Term Loans. In the event that the Borrower does not specify the order in which to apply prepayments to reduce Repayment Amounts or as between Classes of Term Loans, the Borrower shall be deemed to have elected that such proceeds be applied to reduce the Repayment Amounts in direct order of maturity and/or a pro rata basis among Term Loan Classes. All prepayments under this Section 5.1 shall also be subject to the provisions of Sections 5.2(d) and 5.2(e). At the Borrower’s election in connection with any prepayment pursuant to this Section 5.1, such prepayment shall not be applied to any Loan of a Defaulting Lender.

  • Voluntary Prepayment Subject to the following conditions, the Borrower may prepay the whole or any part of the Loan on the last day of an Interest Period.

  • Application of Voluntary Prepayments Unless otherwise provided in this Section 2.12 or elsewhere in any Loan Document, all payments and any other amounts received by the Administrative Agent from or for the benefit of the Borrower shall be applied to repay the Obligations the Borrower designates.

  • Voluntary prepayment of Loans 7.5.1 The Borrowers may, by giving the Facility Agent not less than five (5) Business Days’ prior notice, prepay the whole or part (but if in part, in a minimum amount of USD 1,000,000 and an integral multiple of USD 1,000,000 or such whole amount as, the Facility Agent may agree) of any Loan.

  • Voluntary Prepayments of Loans The Borrower may, upon notice from the Borrower to the Administrative Agent, at any time or from time to time voluntarily prepay Term Loans of any Class in whole or in part without premium or penalty; provided that (i) such notice must be received by the Administrative Agent not later than 1:00 p.m. (A) three Business Days prior to any date of prepayment of Eurodollar Rate Loans and (B) on the date of prepayment of Base Rate Loans; (ii) any such prepayment of Eurodollar Rate Loans shall be in a principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof (or, if less, the entire principal amount thereof then outstanding); (iii) any prepayment of Base Rate Loans shall be in a principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof (or, if less, the entire principal amount thereof then outstanding); (iv) any prepayment of the Term Loans shall be in such proportions as the Borrower shall elect and each such prepayment shall be applied as directed by the Borrower and, absent such direction, shall be applied in direct order of maturity to the remaining principal amortization payments of the applicable Term Loan; and (v) any such notice may be conditioned on the effectiveness of other financing arrangements or one or more other transactions. Each such notice shall specify the date and amount of such prepayment and the Class and Type(s) of Loans to be prepaid and, if Eurodollar Rate Loans are to be prepaid, the Interest Period(s) of such Loans. The Administrative Agent will promptly notify each Lender of its receipt of each such notice, and of the amount of such Lender’s Applicable Percentage of such prepayment. If such notice is given by the Borrower, the Borrower shall make such prepayment and the payment amount specified in such notice shall be due and payable on the date specified therein, subject to the occurrence of any condition(s) specified therein. Any prepayment of a Eurodollar Rate Loan shall be accompanied by all accrued interest on the amount prepaid, together with any additional amounts required pursuant to Section 3.05. Subject to Section 2.15, each such prepayment shall be applied to the applicable Class of Loans being prepaid of the applicable Lenders in accordance with their respective Applicable Percentages for such Class.

  • Voluntary and Involuntary Prepayments (a) Any receipt by Lender of principal due under this Note prior to the Maturity Date, other than principal required to be paid in monthly installments pursuant to Section 3, constitutes a prepayment of principal under this Note. Without limiting the foregoing, any application by Xxxxxx, prior to the Maturity Date, of any proceeds of collateral or other security to the repayment of any portion of the unpaid principal balance of this Note constitutes a prepayment under this Note.

  • Voluntary Prepayments Commitment Reductions (a) Prior to the Stated Maturity Date, the Borrower may, from time to time on any Business Day, make a voluntary prepayment, in whole or in part, of the outstanding principal amount of the Loans; provided, however, that:

  • Mandatory Prepayments (a) If on any date the Borrower or any of its Subsidiaries shall receive Net Cash Proceeds from any Asset Sale or Recovery Event then, with respect to an amount equal to 75% of such Net Cash Proceeds (“Allocated Proceeds”; provided that the Borrower or such Subsidiary may instead deem a portion of such Net Cash Proceeds equal to the first 75% of the Total Net Proceeds to the Borrower or such Subsidiary from such Asset Sale or Recovery Event, when and as received, to be the Allocated Proceeds of such Asset Sale or Recovery Event), (i) if such Allocated Proceeds are not Reinvestment Proceeds, such Allocated Proceeds shall be applied on the fifth Business Day after the date such proceeds are received toward the prepayment of the Term Loans or (ii) if such Allocated Proceeds are Reinvestment Proceeds, on each Reinvestment Prepayment Date, an amount equal to the relevant Reinvestment Prepayment Amount shall be applied toward the prepayment of the Term Loans in the manner specified in Section 2.9(c); provided that, notwithstanding clauses (i) and (ii) above, to the extent that the terms of the documentation for any First Lien Notes or Pre-Existing Debt that is secured on a pari passu basis with the Obligations under this Agreement require that a portion of such Allocated Proceeds be applied to purchase First Lien Notes or Pre-Existing Debt pursuant to a mandatory offer to purchase such First Lien Notes or Pre-Existing Debt, such Allocated Proceeds may be applied to prepay Term Loans in accordance with Section 2.9(c) and purchase First Lien Notes and/or Pre-Existing Debt on a pro rata basis based on the respective amounts of Term Loans and First Lien Notes and/or Pre-Existing Debt then outstanding.

  • Conditions for voluntary prepayment The conditions referred to in Clause 8.4 are that:

  • Application of Voluntary Prepayments by Type of Loans Any prepayment of any Loan pursuant to Section 2.13(a) shall be applied as specified by Borrower in the applicable notice of prepayment; provided, in the event Borrower fails to specify the Loans to which any such prepayment shall be applied, such prepayment shall be applied as follows:

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