Common use of Prepayment Procedures Clause in Contracts

Prepayment Procedures. 3.3.1. If fewer than all of the Notes are to be paid or prepaid, the Issuer shall pay or prepay the Notes on a pro rata basis. 3.3.2. Upon surrender of a Note that is paid or prepaid in part, the Issuer shall, at the request of the applicable Note Purchaser, promptly execute and deliver to the holder (at the expense of the Issuer) a new Note equal in principal amount to the unpaid portion of the Note surrendered. 3.3.3. Each Note Purchaser agrees that before disposing of the Note held by it, or any part thereof (other than by granting participations therein), such Note Purchaser will make a notation thereon of all principal payments previously made thereon and of the date to which interest thereon has been paid and will notify the Issuer of the name and address of the transferee of that Note; provided, that the failure to make (or any error in the making of) a notation of the payments made under such Note or to notify the Issuer of the name and address of a transferee shall not limit or otherwise affect the obligation of the Issuer hereunder or under such Note. 3.3.4. All payments or prepayments (whether voluntary or mandatory) shall include the payment of accrued and unpaid interest to, but not including, the date of such prepayment on the principal amount of the Notes so prepaid. 3.3.5. All prepayments pursuant to this Section 3.3 are subject to the terms and conditions set forth in the Intercreditor Agreement and shall only be required to be made to the extent expressly permitted to be made pursuant to the terms and conditions of the Intercreditor Agreement. The Issuer shall give the Collateral Agent prior written notice of making a mandatory prepayment pursuant to Section 2.05(d) of the Revolving Loan Agreement.

Prepayment Procedures. 3.3.1. If fewer than all of the Notes are to be paid or prepaid, the Issuer Issuers shall pay or prepay the Notes on a pro rata basisbasis and, in the event of an offer to prepay a portion of the Notes in whole or in part, the Issuers shall pay or prepay the Notes pro rata to those parties tendering in response to such offer (i.e., pro rata among holders thereof). 3.3.2. Upon surrender of a Note that is paid or prepaid in part, the Issuer shall, at the request of the applicable Note Purchaser, Issuers shall promptly execute and deliver to the holder (at the expense of the IssuerIssuers’ expense) a new Note equal in principal amount to the unpaid portion of the Note surrendered. 3.3.3. Each Note Purchaser agrees that before disposing of the Note held by it, or any part thereof (other than by granting participations therein), such Note Purchaser will make a notation thereon of all principal payments previously made thereon and of the date to which interest thereon has been paid and will notify the Issuer Issuers of the name and address of the transferee of that Note; provided, that the failure to make (or any error in the making of) a notation of the payments made under such Note or to notify the Issuer Issuers of the name and address of a transferee shall not limit or otherwise affect the obligation of the Issuer Issuers hereunder or under such Note. 3.3.4. All payments or prepayments (whether voluntary or mandatory) shall include the payment of accrued and unpaid interest to, but not including, the date of such prepayment on the principal amount of the Notes so prepaid. 3.3.5. All prepayments pursuant to this Section 3.3 are subject , in each case, by wire transfer or other same day funds to the terms and conditions set forth respective account designated in the Intercreditor Agreement and shall only be required to be made writing by each Noteholder on Schedule III hereto (or such other account or address or to the extent expressly permitted to be made pursuant to attention of such other Person as the terms and conditions of the Intercreditor Agreement. The Issuer recipient party shall give the Collateral Agent have specified by prior written notice of making a mandatory prepayment pursuant to Section 2.05(d) of the Revolving Loan Agreementsending party).

Prepayment Procedures. 3.3.1. If fewer than all of the a given Series of Notes are to be paid or prepaid, the Issuer shall pay or prepay the Notes or such Series of Notes on a pro rata basisbasis and, in the event of an offer to prepay a portion of a Series of Notes in whole or in part, the Issuer shall pay or prepay the Notes of such Series of Notes pro rata to those parties tendering in response to such offer. 3.3.2. Upon surrender of a Note that is paid or prepaid in part, the Issuer shall, at the request of the applicable Note Purchaser, promptly execute and deliver to the holder (at the expense of the Issuer) a new Note equal in principal amount to the unpaid portion of the Note surrendered. 3.3.3. Each Note Purchaser agrees that before disposing of the Note held by it, or any part thereof (other than by granting participations therein), such Note Purchaser will make a notation thereon of all principal payments previously made thereon and of the date to which interest thereon has been paid and will notify the Issuer of the name and address of the transferee of that Note; provided, that the failure to make (or any error in the making of) a notation of the payments made under such Note or to notify the Issuer of the name and address of a transferee shall not limit or otherwise affect the obligation of the Issuer hereunder or under such Note. 3.3.4. All payments or prepayments (whether voluntary or mandatory) shall include the payment of accrued and unpaid interest to, but not including, the date of such prepayment on the principal amount of the Notes so prepaid. 3.3.5. All , and the Applicable Premium (other than those prepayments pursuant to this Section 3.3 are subject to the terms and conditions set forth in the Intercreditor Agreement and shall only be required to be made to the extent expressly permitted to be made pursuant to the terms and conditions of the Intercreditor Agreement. The Issuer shall give the Collateral Agent prior written notice of making a mandatory prepayment pursuant to Section 2.05(d) of the Revolving Loan Agreement3.2.5), if any.

Prepayment Procedures. 3.3.1. If fewer than all of the a given Series of Notes are to be paid or prepaid, the Issuer shall pay or prepay the Notes or such Series of Notes on a pro rata basisbasis and, in the event of an offer to prepay a portion of a Series of Notes in whole or in part, the Issuer shall pay or prepay the Notes of such Series of Notes pro rata to those parties tendering in response to such offer. 3.3.2. Upon surrender of a Note that is paid or prepaid in part, the Issuer shall, at the request of the applicable Note Purchaser, promptly execute and deliver to the holder (at the expense of the Issuer) a new Note equal in principal amount to the unpaid portion of the Note surrendered. 3.3.3. Each Note Purchaser agrees that before disposing of the Note held by it, or any part thereof (other than by granting participations therein), such Note Purchaser will make a notation thereon of all principal payments previously made thereon and of the date to which interest thereon has been paid and will notify the Issuer of the name and address of the transferee of that Note; provided, that the failure to make (or any error in the making of) a notation of the payments made under such Note or to notify the Issuer of the name and address of a transferee shall not limit or otherwise affect the obligation of the Issuer hereunder or under such Note. 3.3.4. All payments or prepayments (whether voluntary or mandatory) shall include the payment of accrued and unpaid interest to, but not including, the date of such prepayment on the principal amount of the Notes so prepaid. 3.3.5. All , and the Applicable Premium and any Refinancing Premium (other than those prepayments pursuant to this Section 3.3 are subject to the terms and conditions set forth in the Intercreditor Agreement and shall only be required to be made to the extent expressly permitted to be made pursuant to the terms and conditions of the Intercreditor Agreement. The Issuer shall give the Collateral Agent prior written notice of making a mandatory prepayment pursuant to Section 2.05(d) of the Revolving Loan Agreement3.2.5), if any.