Common use of Notice of Optional Prepayment Clause in Contracts

Notice of Optional Prepayment. If the Loan Parties elect to prepay the Notes pursuant to Section 3.3 hereof, the Loan Parties shall give notice of such prepayment to the Agent and the Purchasers not less than thirty (30) days or more than ninety (90) days prior to the date fixed for prepayment, specifying (a) the date on which such prepayment is to be made, (b) the total amount of the Obligations to be prepaid on such date, and (c) the premium, if any, and accrued interest applicable to the prepayment. Such notice shall be accompanied by a certificate of the Chairman of the Board of Directors, the President or the Vice President and of the Treasurer of the Parent that such prepayment is being made in compliance with Section 3.3. Notice of prepayment having been so given, the aggregate principal amount of the Notes, together with all accrued interest and premium, if any, thereon and all other Obligations, shall become due and payable on the prepayment date set forth in such notice. Any offer made by the Loan Parties pursuant to Section 3.3 shall be irrevocable after delivery of notice as set forth in this Section 3.4.

Appears in 1 contract

Samples: Note and Equity Purchase Agreement (Encore Medical Corp)

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Notice of Optional Prepayment. If the Loan Parties Company shall elect to prepay the any Notes pursuant to Section 3.3 hereof, the Loan Parties Company shall give notice of such prepayment to the Agent and each holder of the Purchasers Notes to be prepaid not less than thirty (30) 30 days or more than ninety (90) 90 days prior to the date fixed for prepayment, specifying (a) the date on which such prepayment is to be made, (b) the total principal amount of the Obligations such Notes to be prepaid on such date, and (c) the premiumprepayment fee, if any, and accrued interest applicable to the prepayment. Such notice shall be accompanied by a certificate of the Chairman of the Board of Directors, the President Chief Executive Officer or the Vice President and Chief Financial Officer of the Treasurer of the Parent Company that such prepayment is being made in compliance with Section 3.3. Notice of prepayment having been so given, the aggregate principal amount of the NotesNotes specified in such notice, together with all accrued interest thereon and premiumthe prepayment fee, if any, thereon and all other Obligations, shall become due and payable on the prepayment date set forth in such notice. Any offer made by the Loan Parties pursuant to Section 3.3 shall be irrevocable after delivery of notice as set forth in this Section 3.4.3.5

Appears in 1 contract

Samples: Note and Equity Purchase Agreement (Middleby Corp)

Notice of Optional Prepayment. If the Loan Parties shall elect to prepay the any Senior Term Notes pursuant to Section 3.3 hereof, the Loan Parties shall give notice of such prepayment to the Agent and the Purchasers not less than thirty (30) days or more than ninety (90) days prior to the date fixed for prepayment, specifying (ai) the date on which such prepayment is to be made, (bii) the total principal amount of the Obligations such Senior Term Notes to be prepaid on such date, date and (ciii) the premiumapplicable Prepayment Fee or Equity Prepayment Premium, if any, and accrued interest applicable to the such prepayment. Such notice shall be accompanied by a certificate of the Chairman of the Board of DirectorsChief Executive Officer, the President Chief Financial Officer, or the Vice President and Chief Operating Officer of the Treasurer of the Parent that such prepayment is being made in compliance with Section 3.3. Notice of prepayment having been so given, the aggregate principal amount of the NotesSenior Term Notes specified in such notice, together with all accrued interest thereon and the premium, if any, thereon and all other Obligations, shall become due and payable on the prepayment date set forth in such notice. Any offer made by the Loan Parties pursuant to Section 3.3 shall be irrevocable after delivery of notice as set forth in this Section 3.4.

Appears in 1 contract

Samples: Note Purchase Agreement (Rocky Brands, Inc.)

Notice of Optional Prepayment. If the Loan Parties shall elect to prepay the any Senior Term Notes pursuant to Section 3.3 hereof, the Loan Parties shall give notice of such prepayment to the Agent and each holder of the Purchasers Senior Term Notes to be prepaid not less than thirty (30) days or more than ninety (90) days prior to the date fixed for prepayment, specifying (ai) the date on which such prepayment is to be made, (bii) the total principal amount of the Obligations such Senior Term Notes to be prepaid on such date, and (ciii) the premium, if any, and accrued interest applicable to the prepayment. Such notice shall be accompanied by a certificate of the Chairman of the Board of DirectorsChief Executive Officer, the President Chief Financial Officer, or the Vice President and Chief Operating Officer of the Treasurer of the Parent that such prepayment is being made in compliance with Section 3.3. Notice of prepayment having been so given, the aggregate principal amount of the NotesSenior Term Notes specified in such notice, together with all accrued interest thereon and the premium, if any, thereon and all other Obligations, shall become due and payable on the prepayment date set forth in such notice. Any offer made by the Loan Parties pursuant to Section 3.3 shall be irrevocable after delivery of notice as set forth in this Section 3.4.

Appears in 1 contract

Samples: Note Purchase Agreement (Rocky Shoes & Boots Inc)

Notice of Optional Prepayment. If the Loan Parties shall elect to prepay the any Subordinated Notes pursuant to Section 3.3 hereof, the Loan Parties shall give notice of such prepayment to Agent, each holder of the Subordinated Notes to be prepaid and Senior Agent and the Purchasers not less than thirty (30) days or more than ninety (90) days prior to the date fixed for prepayment, specifying (ai) the date on which such prepayment is to be made, (bii) the total principal amount of the Obligations such Subordinated Notes to be prepaid on such date, and (ciii) the premium, if any, and accrued interest applicable to the prepayment. Such notice shall be accompanied by a certificate of the Chairman of the Board of Directors, the President or the Vice President and of the Treasurer of the Parent Company that such prepayment is being made in compliance with Section 3.33.3 hereof and the Subordination Agreement. Notice of prepayment having been so given, the aggregate principal amount of the NotesSubordinated Notes specified in such notice, together with all accrued interest thereon and the premium, if any, thereon and all other Obligations, shall become due and payable on the prepayment date set forth in such notice. Any offer made by the Loan Parties pursuant to Section 3.3 shall be irrevocable after delivery of notice as set forth in this Section 3.4.

Appears in 1 contract

Samples: Note Purchase Agreement (Directed Electronics, Inc.)

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Notice of Optional Prepayment. If the Loan Parties Company shall elect to prepay the any Notes pursuant to Section 3.3 hereof, the Loan Parties Company shall give notice of such prepayment to the Agent and the Purchasers not less than thirty (30) 10 days or more than ninety (90) 90 days prior to the date fixed for prepayment, specifying (a) the date on which such prepayment is to be made, (b) the total principal amount of the Obligations such Notes to be prepaid on such date, and (c) the premiumprepayment fee, if any, due under Section 3.3, and accrued interest applicable to the prepayment. Such notice shall be accompanied by a certificate of the Chairman Note and Equity Purchase Agreement 40 chairman of the Board board of Directorsdirectors, the President president or the Vice President vice president and of the Treasurer treasurer of the Parent Company that such prepayment is being made in compliance with Section 3.3. Notice of prepayment having been so given, the aggregate principal amount of the NotesNotes specified in such notice, together with all accrued interest thereon and the premium, if any, thereon and all other Obligations, shall become due and payable on the prepayment date set forth in such notice. Any offer made notice unless such notice is revoked by the Loan Parties pursuant Company at least three (3) days prior to Section 3.3 shall be irrevocable after delivery of notice as set forth in this Section 3.4such prepayment.

Appears in 1 contract

Samples: Note and Equity Purchase Agreement (ASAlliances Biofuels, LLC)

Notice of Optional Prepayment. If the Loan Parties shall elect to prepay the any Notes pursuant to Section 3.3 3.5 hereof, the Loan Parties shall give notice of such prepayment to the Agent and each holder of the Purchasers Notes to be prepaid not less than thirty (30) days or more than ninety (90) days prior to the date fixed for prepayment, specifying (ai) the date on which such prepayment is to be made, (bii) the total principal amount of the Obligations such Notes to be prepaid on such date, and (ciii) the premium, if any, and accrued interest applicable to the prepayment. Such notice shall be accompanied by a certificate of the Chairman of the Board of Directors, the President or the Vice President and of the Treasurer of the Parent that such prepayment is being made in compliance with Section 3.33.5. Notice of prepayment having been so given, the aggregate principal amount of the NotesNotes specified in such notice, together with all accrued interest thereon and the premium, if any, thereon and all other Obligations, shall become due and payable on the prepayment date set forth in such notice. Any offer made by the Loan Parties pursuant to Section 3.3 shall be irrevocable after delivery of notice as set forth in this Section 3.4.

Appears in 1 contract

Samples: Note and Equity Purchase Agreement (Mirion Technologies, Inc.)

Notice of Optional Prepayment. If the Loan Parties elect to prepay ----------------------------- the Notes pursuant to Section 3.3 hereof, the Loan Parties shall give notice of such prepayment to the Agent and the Purchasers not less than thirty (30) days or more than ninety (90) days prior to the date fixed for prepayment, specifying (a) the date on which such prepayment is to be made, (b) the total amount of the Obligations to be prepaid on such date, and (c) the premium, if any, and accrued interest (including PIK Interest) applicable to the prepayment. Such notice shall be accompanied by a certificate of the Chairman of the Board of Directors, the President or the Vice President and of the Treasurer of the Parent that such prepayment is being made in compliance with Section 3.3. Notice of prepayment having been so given, the aggregate principal amount of the Notes, together with all accrued interest (including PIK Interest) and premium, if any, thereon and all other Obligations, shall become due and payable on the prepayment date set forth in such notice. Any offer made by the Loan Parties pursuant to Section 3.3 shall be irrevocable after delivery of notice as set forth in this Section 3.4.

Appears in 1 contract

Samples: Note and Equity Purchase Agreement (Encore Medical Corp)

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