Common use of Notice; Manner of Payment Clause in Contracts

Notice; Manner of Payment. Upon the occurrence of any event triggering the prepayment requirement under clauses (i) through and including (iv) above, the Borrower shall promptly deliver a Notice of Prepayment to the Administrative Agent and upon receipt of such notice, the Administrative Agent shall promptly so notify the Lenders. Each prepayment of the Loans under this Section shall be applied first, to reduce on a pro rata basis the remaining scheduled amortization payments of the Incremental Term Loans and second, to the extent of any excess, to repay the Revolving Credit Loans (provided that, solely with respect to the portion of any such mandatory prepayment allocable to the Revolving Credit Loans, no prepayments will be required if (a) no Default or Event of Default has occurred and is continuing and (b) after giving pro forma effect to such prepayment (together with the underlying transaction giving rise thereto), the Borrower would be permitted under the terms of this Agreement to immediately re-borrow the amount of such mandatory prepayment). Amounts prepaid under the Incremental Term Loans pursuant to this Section may not be reborrowed. Each prepayment shall be accompanied by any amount required to be paid pursuant to Section 5.9.

Appears in 1 contract

Samples: Credit Agreement (Cross Country Healthcare Inc)

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Notice; Manner of Payment. Upon the occurrence of any event triggering the prepayment requirement under clauses (iSections 4.4(b)(i) through and including (iv) above4.4(b)(iv), the Borrower shall promptly deliver a Notice of Prepayment to the Administrative Agent and upon receipt of such notice, the Administrative Agent shall promptly so notify the Lenders. Each prepayment of the Loans under this Section 4.4(b)(i) shall be applied as follows: first, to reduce the remaining scheduled quarterly principal repayment installments of the Term Loan on a pro rata basis the remaining scheduled amortization payments of the Incremental Term Loans and second, to the extent of any excess, to repay temporarily prepay the Revolving Credit Loans (provided thatpursuant to Section 2.4(c); provided, solely with respect that any excess remaining thereafter shall be returned to the portion Borrower. Each prepayment under Section 4.4(b)(ii) through (iv) shall be applied as follows: first, to reduce the remaining scheduled quarterly principal repayment installments of the Term Loan on a pro rata basis and second, to the extent of any such mandatory prepayment allocable excess, to permanently reduce the Revolving Credit LoansCommitment pursuant to Section 2.5(b); provided, no prepayments will that any excess remaining thereafter shall be required if (a) no Default or Event of Default has occurred and is continuing and (b) after giving pro forma effect returned to such prepayment (together with the underlying transaction giving rise thereto), the Borrower would be permitted under the terms of this Agreement to immediately re-borrow the amount of such mandatory prepayment)Borrower. Amounts prepaid under the Incremental Term Loans Loan pursuant to this Section may not be reborrowed. Each prepayment shall be accompanied by any amount required to be paid pursuant to Section 5.95.9 hereof. No prepayment or repayment pursuant to Section 4.4 shall affect any of the Borrower’s obligations under any Hedging Agreement.

Appears in 1 contract

Samples: Credit Agreement (Jack in the Box Inc /New/)

Notice; Manner of Payment. Upon the occurrence of any event triggering the prepayment requirement under clauses (iSections 4.5(b)(i) through and including (iv) above4.5(b)(iv), the Borrower shall promptly deliver a Notice of Prepayment to the Administrative Agent and upon receipt of such notice, the Administrative Agent shall promptly so notify the Lenders. Each prepayment of the Loans under this Section 4.5(b) shall be applied as follows: (i) first, to reduce accrued interest on a pro rata basis the remaining scheduled amortization payments of the Incremental Term Loans and second, to the extent of any excess, to repay the Revolving Credit Loans (provided that, solely with respect to the portion of any such mandatory prepayment allocable to the Revolving Credit Loans, no prepayments will be required if (a) no Default or Event of Default has occurred and is continuing and (b) after giving pro forma effect to such prepayment (together with the underlying transaction giving rise thereto), the Borrower would be permitted under the terms of this Agreement to immediately re-borrow the amount of such mandatory prepayment). Amounts prepaid under the Incremental Term Loans pursuant to this Section may not be reborrowed. Each prepayment shall be accompanied by prepaid, any amount required to be paid pursuant to Section 5.96.9 hereof and any fees and expenses then owing to the Administrative Agent, (ii) second, to reduce in inverse order of maturity the remaining scheduled principal installments of the Term Loan pursuant to Section 4.3 and any Incremental Term Loans (on a pro rata basis among such Loans), (iii) third, to the extent of any excess (the “Excess Proceeds”), to repay the Revolving Loans pursuant to Section 2.3(f) and (iv) fourth, to the extent of any Excess Proceeds after repayment of the Revolving Loans, to repay the Swingline Loans pursuant to Section 5.3. Amounts prepaid under the Term Loan pursuant to this Section 4.5(b) may not be reborrowed.

Appears in 1 contract

Samples: Credit Agreement (Hickory Tech Corp)

Notice; Manner of Payment. Upon the occurrence of any event triggering the prepayment requirement under clauses (i) through and including (iv) aboveMandatory Prepayment Event, the Borrower shall promptly deliver a Notice of Prepayment notice thereof to the Administrative Agent and upon receipt of such notice, the Administrative Agent shall promptly so notify the Lenders. Each prepayment Unless otherwise agreed by the Borrower and the Required Lenders after the Amendment Effective Date, "Applicable Percentage" shall mean seventy-five percent (75%), except that the Applicable Percentage for any Asset Disposition of the Loans under this Section Stamford Town Center shall be 100%. Unless otherwise agreed by the Borrower and the Required Lenders after the Amendment Effective Date, such Net Cash Proceeds shall be applied first, (a) 50% to reduce on a pro rata basis the remaining scheduled amortization payments ratable repayment of the Incremental Term Loans and second, to the extent of any excess, to repay term loans under the Revolving Credit Loans 2018 Term Loan Agreement (provided that, solely with respect to the portion of any such mandatory prepayment allocable to the Revolving Credit Loans, no prepayments will be required if (abased on outstanding principal amount) no Default or Event of Default has occurred and is continuing and (b) after giving pro forma effect 50% to such the ratable prepayment of the Revolving Loans (together with without any corresponding reduction of the underlying transaction giving rise thereto), the Borrower would be permitted under the terms of this Agreement to immediately re-borrow the amount of such mandatory prepayment). Amounts prepaid under the Incremental Term Loans Revolving Commitments) (based on outstanding principal amount) pursuant to this Section the Intercreditor Agreement. Any Term Loan Borrowing that is prepaid may not be reborrowed. Each prepayment shall be accompanied by any amount required to be paid pursuant to Section 5.92.16.

Appears in 1 contract

Samples: Credit and Term Loan Agreement (Taubman Centers Inc)

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Notice; Manner of Payment. Upon the occurrence of any event triggering the prepayment requirement under clauses (i) through and including (ivv) above, the Borrower shall promptly deliver a Notice of Prepayment to the Administrative Agent and upon receipt of such notice, the Administrative Agent shall promptly so notify the Lenders. Each Subject to the following sentence, each prepayment of the Loans under this Section shall be applied as follows: first, to reduce on a pro rata basis the remaining scheduled amortization payments principal installments of the Incremental Term Loans and Loans, pursuant to Section 4.3, second, to the extent of any excess, to repay the Revolving Credit Loans (provided thatpursuant to Section 2.4(c) and third, solely with respect to cash collateralize Letters of Credit by depositing in a cash collateral account opened by the Administrative Agent an amount equal to the portion of any such mandatory prepayment allocable to the Revolving Credit Loans, no prepayments will be required if (a) no Default or Event of Default has occurred aggregate then undrawn and is continuing and (b) after giving pro forma effect to such prepayment (together with the underlying transaction giving rise thereto), the Borrower would be permitted under the terms of this Agreement to immediately re-borrow the unexpired amount of such Letters of Credit. Any mandatory prepayment)prepayment of the Term Loan Facility may be applied at Borrower’s option, first, to the next eight scheduled quarterly principal payment installments thereof, and then, to the remaining scheduled principal repayment installments on a pro rata basis. Amounts prepaid under the Incremental Term Loans Loan pursuant to this Section may not be reborrowed. Each prepayment shall be accompanied by any amount required to be paid pursuant to Section 5.9.

Appears in 1 contract

Samples: Credit Agreement (PAS, Inc.)

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