Common use of Permitted Prepayment Clause in Contracts

Permitted Prepayment. Except as provided below, Borrower shall have no right to prepay the Credit Extensions made in respect of a Term Credit Facility. Borrower shall have the option to prepay the Prepayable Amount (as defined below) of a Term Credit Facility advanced by the Lenders under this Agreement, provided Borrower (i) except as otherwise provided in Section 9.1, provides written notice to Agent and each Lender of its election to prepay the Prepayable Amount at least thirty (30) days prior to such prepayment (or such shorter time as agreed to by Agent in its sole discretion) and (ii) pays to Agent, for payment to each applicable Lender in accordance with its respective Pro Rata Share, on the date of such prepayment, an amount equal to the sum of (A) the Prepayable Amount, plus accrued interest thereon, (B) any fees payable under the Fee Letters by reason of such prepayment, (C) the Applicable Prepayment Fee as specified in the Credit Facility Schedule for the Credit Facility being prepaid (except for prepayments made in connection with Section 9.1 where no Applicable Prepayment Fee shall be payable), and (D) all Protective Advances. The term “Prepayable Amount” means (i) all, but not less than all, of the Credit Extensions and all other Obligations under all Term Credit Facilities or (ii) in the case of a prepayment made pursuant to and in accordance with Section 9.1, an amount equal to the Net Revenue Cure Amount.

Permitted Prepayment. Except as provided below, Borrower shall have no right to prepay the Credit Extensions made in respect of a Term Credit Facility. For the applicable Credit Facility as specified in the Credit Facility Schedule therefor, Borrower shall have the option to prepay the Prepayable Amount (as defined below) of a Term such Credit Facility advanced by the Lenders under this Agreement, provided Borrower (i) except as otherwise provided in Section 9.1, provides irrevocable written notice to Agent and each Lender of its election to prepay the Prepayable Amount at least thirty ten (3010) days Business Days prior to such prepayment (or such shorter time as agreed to by Agent in its sole discretion) prepayment, and (ii) pays to Agent, for payment to each applicable Lender in accordance with its respective Pro Rata Share, on the date of such prepayment, an amount equal to the sum of (A) the Prepayable Amount, plus accrued interest thereon, (B) any fees payable under the Fee Letters by reason of such prepayment, (C) the Applicable Prepayment Fee as specified in the Credit Facility Schedule for the Credit Facility being prepaid (except for prepayments made in connection with Section 9.1 where no Applicable Prepayment Fee shall be payable)prepaid, and (D) all Protective Advances. The term “Prepayable Amount” means the lesser of (ix) all, but not less than all, all of the Credit Extensions and all other Obligations under all Term Credit Facilities or and (iiy) a portion of the Credit Extensions and related Obligations in amounts of no less than $1,000,000 of principal being prepaid. Notwithstanding the case of a prepayment foregoing, the Applicable Prepayment Fee shall be deemed to be zero (0) for prepayments required to be made pursuant to Section 2.3(c)(A) from proceeds as a result of a casualty or condemnation of all or any portion of the Owned Real Property. Midcap / MannKind / Credit and in accordance with Section 9.1, an amount equal to the Net Revenue Cure Amount.Security Agreement

Permitted Prepayment. Except as provided below, Borrower shall have no right to prepay the Credit Extensions made in respect of a Term Credit Facility. After the Closed Period, if any, for the applicable Credit Facility as specified in the Credit Facility Schedule, Borrower shall have the option to prepay the Prepayable Amount (as defined below) of a Term Credit Facility advanced by the Lenders under this Agreement, provided Borrower (i) except as otherwise provided in Section 9.1, provides written notice to Agent and each Lender of its election to prepay the Prepayable Amount at least thirty (30) days prior to such prepayment (or such shorter time as agreed to by Agent in its sole discretion) prepayment, and (ii) pays to Agent, for payment to each applicable Lender in accordance with its respective Pro Rata Share, on the date of such prepayment, an amount equal to the sum of (A) the Prepayable Amount, plus accrued interest thereon, (B) any fees payable under the Fee Letters by reason of such prepayment, (C) the Applicable Prepayment Fee as specified in the Credit Facility Schedule for the Credit Facility being prepaid (except for prepayments made in connection with Section 9.1 where no Applicable Prepayment Fee shall be payable)Fee, and (D) all Protective Advances. The term “Prepayable Amount” means (i) all, but not less than all, all or any portion of the Credit Extensions and all other Obligations under all Term the applicable Credit Facilities Facility; provided, however, that any partial prepayment shall be in an aggregate amount of $5,000,000 or (ii) any whole multiple of $5,000,000 in the case of a prepayment made pursuant to and in accordance with Section 9.1, an amount equal to the Net Revenue Cure Amountexcess thereof.

Permitted Prepayment. Except as provided below, Borrower shall have no right to prepay the Credit Extensions made in respect of a Term Credit Facility. After the Closed Period, if any, for the applicable Term Credit Facility as specified in the Credit Facility Schedule, Borrower shall have the option to prepay (i) the Prepayable Amount (as defined below) or (ii) upon the occurrence, and within ***, of a Qualifying Prepayment Event (as defined below), the Datalock Prepayable Amount (as defined below), in each case, of a Term Credit Facility advanced by the Lenders under this Agreement, provided Borrower (i1) except as otherwise provided in Section 9.1, provides written notice to Agent and each Lender of its election to prepay the Prepayable Amount at least thirty (30) days *** prior to such prepayment (or in the case of the Datalock Prepayable Amount, at least *** prior to such shorter time as agreed to by Agent in its sole discretion) prepayment), and (ii2) pays to Agent, for payment to each applicable Lender in accordance with its respective Pro Rata Share, on the date of such prepayment, an amount equal to the sum of (A) the Prepayable Amount or Datalock Prepayable Amount, as applicable, plus accrued interest thereon, (B) any fees payable under the Fee Letters by reason of such prepayment, (C) the Applicable Prepayment Fee as specified in the Credit Facility Schedule for the Credit Facility being prepaid (except for prepayments made in connection with Section 9.1 where no Applicable Prepayment Fee shall be payable)prepaid, and (D) all Protective Advances. The term “Prepayable Amount” means (i) all, but not less than all, all or any portion of the Credit Extensions under the applicable Term Credit Facility. The term “Datalock Prepayable Amount” means fifty percent (50%) of the then outstanding Credit Extensions and all other Obligations under all Term Credit Facilities or Facilities. The term “Qualifying Prepayment Event” means the receipt by Borrower (ii) in the case of a prepayment made pursuant to and evidence satisfactory to Agent in accordance with Section 9.1, an amount equal to its discretion) of the Net Revenue Cure Amountsecond Database Lock Payment.

Permitted Prepayment. Except as provided below, Borrower shall have no right to prepay the Credit Extensions made in respect of a Term Credit Facility. After the Closed Period, if any, for the applicable Term Credit Facility as specified in the Credit Facility Schedule, Borrower shall have the option to prepay the Prepayable Amount (as defined below) of a Term Credit Facility advanced by the Lenders under this Agreement, provided Borrower (i) except as otherwise provided in Section 9.1, provides written notice to Agent and each Lender of its election to prepay the Prepayable Amount at least thirty (30) days prior to such prepayment (or such shorter time as agreed to by Agent in its sole discretion) prepayment, and (ii) pays to Agent, for payment to each applicable Lender in accordance with its respective Pro Rata Share, on the date of such prepayment, an amount equal to the sum of (A) the Prepayable Amount, Amount plus accrued interest thereon, (B) any fees payable under the Fee Letters by reason of such prepayment, (C) the Applicable Prepayment Fee as specified in the Credit Facility Schedule for the Credit Facility being prepaid (except for prepayments made in connection with Section 9.1 where no Applicable Prepayment Fee shall be payable), and (D) all Protective Advances. The term “Prepayable Amount” means (i) all, but not less than all, all or any portion of the Credit Extensions and all other Obligations under all the applicable Term Credit Facilities or (ii) in the case of a prepayment made pursuant to and in accordance with Section 9.1, an amount equal to the Net Revenue Cure AmountFacility.

Permitted Prepayment. Except as provided below, Borrower shall have no right to prepay the Credit Extensions made in respect of a Term Credit Facility. For the applicable Credit Facility as specified in the Credit Facility Schedule therefor, Borrower shall have the option to prepay the Prepayable Amount (as defined below) of a Term such Credit Facility advanced by the Lenders under this Agreement, provided Borrower (i) except as otherwise provided in Section 9.1, provides irrevocable written notice to Agent and each Lender of its election to prepay the Prepayable Amount at least thirty ten (3010) days Business Days prior to such prepayment (or such shorter time as agreed to by Agent in its sole discretion) prepayment, and (ii) pays to Agent, for payment to each applicable Lender in accordance with its respective Pro Rata Share, on the date of such prepayment, an amount equal to the sum of (A) the Prepayable Amount, plus accrued interest thereon, (B) any fees payable under the Fee Letters by reason of such prepayment, (C) the Applicable Prepayment Fee as specified in the Credit Facility Schedule for the Credit Facility being prepaid (except for prepayments made in connection with Section 9.1 where no Applicable Prepayment Fee shall be payable)prepaid, and (D) all Protective Advances. The term “Prepayable Amount” means (i) all, but not less than all, of the Credit Extensions and all other Obligations under all Term Credit Facilities or (ii) in the case of a prepayment made pursuant to and in accordance with Section 9.1, an amount equal to the Net Revenue Cure AmountFacilities.

Permitted Prepayment. Except as provided below, Borrower shall have no right to prepay the Credit Extensions made in respect of a Term Credit Facility. For the applicable Credit Facility as specified in the Credit Facility Schedule therefor, Borrower shall have the option to prepay the Prepayable Amount (as defined below) of a Term such Credit Facility advanced by the Lenders under this Agreement, provided Borrower (i) except as otherwise provided in Section 9.1, provides irrevocable written notice to Agent and each Lender of its election to prepay the Prepayable Amount at least thirty ten (3010) days Business Days prior to such prepayment (or such shorter time as agreed to by Agent in its sole discretion) prepayment, and (ii) pays to Agent, for payment to each applicable Lender in accordance with its respective Pro Rata Share, on the date of such prepayment, an amount equal to the sum of (A) the Prepayable Amount, plus accrued interest thereon, (B) any fees payable under the Fee Letters by reason of such prepayment, (C) the Applicable Prepayment Fee as specified in the Credit Facility Schedule for the Credit Facility being prepaid (except for prepayments made in connection with Section 9.1 where no Applicable Prepayment Fee shall be payable)prepaid, and (D) all Protective Advances. The term “Prepayable Amount” means the lesser of (ix) all, but not less than all, all of the Credit Extensions and all other Obligations under all Term Credit Facilities or and (iiy) a portion of the Credit Extensions and related Obligations in amounts of no less than $1,000,000 of principal being prepaid. Notwithstanding the case of a prepayment foregoing, the Applicable Prepayment Fee shall be deemed to be zero (0) for prepayments required to be made pursuant to and in accordance with Section 9.1, an amount equal to 2.3(c)(A) from proceeds as a result of a casualty or condemnation of all or any portion of the Net Revenue Cure AmountOwned Real Property.

Permitted Prepayment. Except as provided below, Borrower shall have no right to prepay the Credit Extensions made in respect of a Term Credit Facility. For the applicable Credit Facility as specified in the Credit Facility Schedule therefor, Borrower shall have the option to prepay the Prepayable Amount (as defined below) of a Term such Credit Facility advanced by the Lenders under this Agreement, provided Borrower (i) except as otherwise provided in Section 9.1, provides irrevocable written notice to Agent and each Lender of its election to prepay the Prepayable Amount at least thirty five (305) days Business Days prior to such prepayment (or such shorter time as agreed to by Agent in its sole discretion) prepayment, and (ii) pays to Agent, for payment to each applicable Lender in accordance with its respective Pro Rata Share, on the date of such prepayment, an amount equal to the sum of (A) the Prepayable Amount, plus accrued interest thereon, (B) any fees payable under the Fee Letters by reason of such prepayment, (C) the Applicable Prepayment Fee as specified in the Credit Facility Schedule for the Credit Facility being prepaid (except for prepayments made in connection with Section 9.1 where no Applicable Prepayment Fee shall be payable)prepaid, and (D) all Protective Advances. The term “Prepayable Amount” means the lesser of (ix) all, but not less than all, all of the Credit Extensions and all other Obligations under all Term Credit Facilities or and (iiy) a portion of the Credit Extensions and related Obligations in the case amounts of a prepayment made pursuant to and in accordance with Section 9.1, an amount equal to the Net Revenue Cure Amountno less than ($[***]) of principal being prepaid.

Permitted Prepayment. Except as provided below, Borrower shall have no right to prepay the Credit Extensions made in respect of a Term Credit Facility. After the Closed Period, if any, for the applicable Term Credit Facility as specified in the Credit Facility Schedule, Borrower shall have the option to prepay the Prepayable Amount (as defined below) of a Term Credit Facility advanced by the Lenders under this Agreement, provided Borrower (i) except as otherwise provided in Section 9.1, provides written notice to Agent and each Lender of its election to prepay the Prepayable Amount at least thirty (30) days prior to such prepayment (or such shorter time as agreed to by Agent in its sole discretion) prepayment, and (ii) pays to Agent, for payment to each applicable Lender in accordance with its respective Pro Rata Share, on the date of such prepayment, an amount equal to the sum of (A) the Prepayable Amount, plus accrued and unpaid interest thereon, (B) any fees payable under the Fee Letters by reason of such prepayment, (C) the Applicable Prepayment Fee as specified in the Credit Facility Schedule for the Credit Facility being prepaid (except for prepayments made in connection with Section 9.1 where no Applicable Prepayment Fee shall be payable)prepaid, and (D) all Protective Advances. The term “Prepayable Amount” means (i) all, but not less than all, all or any portion of the Credit Extensions and all other Obligations under all the applicable Term Credit Facilities or (ii) in the case of a prepayment made pursuant to and in accordance with Section 9.1, an amount equal to the Net Revenue Cure AmountFacility.

Permitted Prepayment. Except as provided below, Borrower shall have no right to prepay the Credit Extensions made in respect of a Term Credit Facility. For the applicable Credit Facility as specified in the Credit Facility Schedule therefor, Borrower shall have the option to prepay the Prepayable Amount (as defined below) of a Term such Credit Facility advanced by the Lenders under this Agreement, provided Borrower (i) except as otherwise provided in Section 9.1, provides irrevocable written notice to Agent and each Lender of its election to prepay the Prepayable Amount at least thirty five (305) days Business Days prior to such prepayment (or such shorter time as agreed to by Agent in its sole discretion) prepayment, and (ii) pays to Agent, for payment to each applicable Lender in accordance with its respective Pro Rata Share, on the date of such prepayment, an amount equal to the sum of (A) the Prepayable Amount, plus accrued interest thereon, (B) any fees payable under the Fee Letters by reason of such prepayment, (C) the Applicable Prepayment Fee as specified in the Credit Facility Schedule for the Credit Facility being prepaid (except for prepayments made in connection with Section 9.1 where no Applicable Prepayment Fee shall be payable)prepaid, and (D) all Protective Advances. The term “Prepayable Amount” means the lesser of (ix) all, but not less than all, all of the Credit Extensions and all other Obligations under all Term Credit Facilities or and (iiy) a portion of the Credit Extensions and related Obligations in the case amounts of a prepayment made pursuant to and in accordance with Section 9.1, an amount equal to the Net Revenue Cure Amountno less than $[***] of principal being prepaid.