Common use of Partial Prepayment Clause in Contracts

Partial Prepayment. If less than all the Debentures for the time being outstanding are at any time to be prepaid, the Debentures to be so prepaid shall be selected by the Trustee, on direction from the Corporation, on a pro rata basis to the nearest multiple of $1,000 in accordance with the principal amount of the Debentures registered in the name of each holder or in such other manner as the Trustee deems equitable, subject to the approval, if applicable, of the CSE or such other exchange on which the Debentures are then listed, as may be required from time to time. Unless otherwise specifically provided in the terms of the Debentures, no Debenture shall be prepaid in part unless the principal amount prepaid is $1,000 or a multiple thereof. For this purpose, the Trustee may make, and from time to time vary, regulations with respect to the manner in which such Debentures may be drawn for prepayment and regulations so made shall be valid and binding upon all holders of such Debentures notwithstanding that as a result thereof one or more of such Debentures may become subject to prepayment in part only or for cash only. In the event that one or more of such Debentures becomes subject to prepayment in part only, upon surrender of any such Debentures for payment of the Prepayment Price, together with interest accrued to but excluding the Prepayment Date, the Corporation shall execute and the Trustee shall certify and deliver without charge to the holder thereof or upon the holder's order one or more new Debentures for the unredeemed part of the principal amount of the Debenture or Debentures so surrendered or, with respect to a registered Debenture held by a Depository, the Trustee shall make notations on such Debenture of the principal amount thereof so redeemed. Unless the context otherwise requires, the terms "Debenture" or "Debentures" as used in this Article 4 shall be deemed to mean or include any part of the principal amount of any Debenture which in accordance with the foregoing provisions has become subject to prepayment.

Appears in 2 contracts

Samples: Debenture Indenture, Convertible Debenture Indenture

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Partial Prepayment. If less than all the Debentures of any series for the time being outstanding are at any time to be prepaid, the Debentures to be so prepaid shall be selected by the Trustee, on direction from the Corporation, Trustee on a pro rata basis to the nearest multiple of $1,000 in accordance with the principal amount of the Debentures registered in the name of each holder or in such other manner as the Trustee deems equitable, subject to compliance with Applicable Securities Legislation and to the approval, if applicable, approval of the CSE Exchange or such other exchange or quotation system on which the Debentures are then listed, as may be required from time to timerequired. Unless otherwise specifically provided in the terms of the any series of Debentures, no Debenture shall be prepaid in part unless the principal amount prepaid redeemed is $1,000 or a multiple thereof. For this purpose, the Trustee may make, and from time to time vary, regulations with respect to the manner in which such Debentures may be drawn for prepayment and regulations so made shall be valid and binding upon all holders of such Debentures notwithstanding that as a result thereof one or more of such Debentures may become subject to prepayment in part only or for cash only. In the event that one or more of such Debentures becomes subject to prepayment in part only, upon surrender of any such Debentures for payment of the Prepayment Price, together with interest accrued to but excluding the Prepayment Date, Price the Corporation shall execute and the Trustee shall certify and deliver without charge to the holder thereof or upon the holder's ’s order one or more new Debentures for the unredeemed non-prepaid part of the principal amount of the Debenture or Debentures so surrendered or, with respect to a registered Debenture held by a DepositoryGlobal Debenture, the Trustee shall make notations on such the Global Debenture of the principal amount thereof so redeemedprepaid. Unless the context otherwise requires, the terms "Debenture" or "Debentures" as used in this Article 4 6 shall be deemed to mean or include any part of the principal amount of any Debenture which in accordance with the foregoing provisions has become subject to prepayment.

Appears in 2 contracts

Samples: Subordination Agreement (Mogo Inc.), Subordination Agreement (Mogo Finance Technology Inc.)

Partial Prepayment. If less than all On any Business Day, on three (3) Business Days' prior written notice from Seller to Buyer, Seller may partially pay the Debentures for Repurchase Price of any Purchased Asset, which shall include any related amounts then due and owing to an Affiliated Hedge Counterparty (any such asset, a "Partially Repaid Purchased Asset" and the time being outstanding are at any time to be prepaidamount so repaid, the Debentures "Partial Payment Amount"). With respect to be so prepaid shall be selected such payment that is not occasioned by the Trustee, on direction from the Corporation, on a pro rata basis to the nearest multiple repayment of $1,000 in accordance with the principal amount of the Debentures registered in the name of each holder or in such other manner as the Trustee deems equitable, subject to the approval, if applicable, of the CSE or such other exchange on which the Debentures are then listed, as may be required from time to time. Unless otherwise specifically provided in the terms of the Debentures, no Debenture shall be prepaid in part unless the principal amount prepaid is $1,000 or a multiple thereof. For this purpose, the Trustee may make, and from time to time vary, regulations with respect to the manner Purchased Asset, Seller shall give Buyer at least three (3) Business Days prior notice of payment and shall not partially pay in which such Debentures may be drawn for prepayment and regulations so made shall be valid and binding upon all holders of such Debentures notwithstanding that as a result thereof one or more of such Debentures may become subject to prepayment in part only or for cash only. In an amount whereby the event that one or more of such Debentures becomes subject to prepayment in part only, upon surrender remaining Purchase Price of any such Debentures for payment Purchased Asset, after giving effect to any such partial payment, is less than $500,000. In respect of any Partially Repaid Purchased Asset, Seller may request, on no less than one (1) Business Day's prior written notice to Buyer, that Buyer pay to Seller the Prepayment PricePartial Payment Amount in respect of such Partially Repaid Purchased Asset. If any such request is delivered to Buyer less than ninety (90) days after Buyer's initial approval to purchase such Purchased Asset from Seller, together with interest accrued Buyer shall pay to but excluding Seller the Prepayment Date, the Corporation shall execute and the Trustee shall certify and deliver without charge Partial Payment Amount in respect of such Partially Repaid Purchased Asset. If any such request is delivered to the holder thereof or upon the holder's order one Buyer ninety (90) or more new Debentures for the unredeemed days after Buyer's initial approval to purchase such Purchased Asset from Seller, Buyer may, in its discretion either decline such request in its entirety, or accept such request in whole or in part and pay to Seller none, all or part of the principal amount Partial Payment Amount in respect of such Partially Repaid Purchased Asset, subject to any terms or conditions Buyer may, in its discretion, require. Any prepayment made under this Section shall be deposited directly into the General Repo Account and, notwithstanding any provision in Section 5.02 to the contrary, applied by Buyer to reduce the unpaid Repurchase Price of the Debenture or Debentures so surrendered orrelated Purchased Asset within one (1) Business Day after deposit therein, with respect to a registered Debenture held by a Depositoryand not, for the Trustee shall make notations avoidance of doubt, on such Debenture of the principal amount thereof so redeemed. Unless the context otherwise requires, the terms "Debenture" or "Debentures" as used in this Article 4 shall be deemed to mean or include any part of the principal amount of any Debenture which in accordance with the foregoing provisions has become subject to prepaymentnext Remittance Date.

Appears in 1 contract

Samples: Master Repurchase and Securities Contract (Ares Commercial Real Estate Corp)

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Partial Prepayment. If less than all On any Business Day, on three (3) Business Days’ prior written notice from the Debentures for applicable Seller to Buyer, such Seller may partially pay the time being outstanding are at Repurchase Price of any time Purchased Asset, which shall include any related amounts then due and owing to be prepaidan Affiliated Hedge Counterparty (any such asset, a “Partially Repaid Purchased Asset” and the amount so repaid, the Debentures “Partial Payment Amount”). With respect to be so prepaid shall be selected such payment that is not occasioned by the Trustee, on direction from the Corporation, on a pro rata basis to the nearest multiple repayment of $1,000 in accordance with the principal amount of the Debentures registered in the name of each holder or in such other manner as the Trustee deems equitable, subject to the approval, if applicable, of the CSE or such other exchange on which the Debentures are then listed, as may be required from time to time. Unless otherwise specifically provided in the terms of the Debentures, no Debenture shall be prepaid in part unless the principal amount prepaid is $1,000 or a multiple thereof. For this purpose, the Trustee may make, and from time to time vary, regulations with respect to the manner Purchased Asset, such Seller shall give Buyer at least three (3) Business Days prior notice of payment and shall not partially pay in which such Debentures may be drawn for prepayment and regulations so made shall be valid and binding upon all holders of such Debentures notwithstanding that as a result thereof one or more of such Debentures may become subject to prepayment in part only or for cash only. In an amount whereby the event that one or more of such Debentures becomes subject to prepayment in part only, upon surrender remaining Purchase Price of any such Debentures for payment Purchased Asset, after giving effect to any such partial payment, is less than $500,000. In respect of the Prepayment Price, together with interest accrued to but excluding the Prepayment Dateany Partially Repaid Purchased Asset, the Corporation applicable Seller may request, on no less than one (1) Business Day’s prior written notice to Buyer, that Buyer pay to such Seller the Partial Payment Amount in respect of such Partially Repaid Purchased Asset. If any such request is delivered to Buyer less than ninety (90) days after Buyer’s initial approval to purchase such Purchased Asset from such Seller, Buyer shall execute and pay to such Seller the Trustee shall certify and deliver without charge Partial Payment Amount in respect of such Partially Repaid Purchased Asset. If any such request is delivered to the holder thereof or upon the holder's order one Buyer ninety (90) or more new Debentures for the unredeemed days after Buyer’s initial approval to purchase such Purchased Asset from such Seller, Buyer may, in its discretion either decline such request in its entirety, or accept such request in whole or in part and pay to such Seller none, all or part of the principal amount Partial Payment Amount in respect of such Partially Repaid Purchased Asset, subject to any terms or conditions Buyer may, in its discretion, require. Any prepayment made under this Section shall be deposited directly into the General Repo Account and, notwithstanding any provision in Section 5.02 to the contrary, applied by Buyer to reduce the unpaid Repurchase Price of the Debenture or Debentures so surrendered orrelated Purchased Asset within one (1) Business Day after deposit therein, with respect to a registered Debenture held by a Depositoryand not, for the Trustee shall make notations avoidance of doubt, on such Debenture of the principal amount thereof so redeemed. Unless the context otherwise requires, the terms "Debenture" or "Debentures" as used in this Article 4 shall be deemed to mean or include any part of the principal amount of any Debenture which in accordance with the foregoing provisions has become subject to prepaymentnext Remittance Date.

Appears in 1 contract

Samples: Master Repurchase and Securities Contract (Ares Commercial Real Estate Corp)

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