Common use of Prepayments After Default Clause in Contracts

Prepayments After Default. (a) If, during the continuance of an Event of Default, payment of all or any part of the Debt is tendered by Borrower and accepted by Lender or is otherwise recovered by Lender (including through application of any Reserve Funds), such tender or recovery shall be deemed to be a voluntary prepayment by Borrower in violation of the prohibition against prepayment set forth in Section 2.4.1, and Borrower shall pay, as part of the Debt, all of: (i) all accrued interest calculated at the Interest Rate on the amount of principal being prepaid through and including the date of such prepayment together with an amount equal to the interest that would have accrued at the Interest Rate on the amount of principal being prepaid through the end of the Interest Period in which such prepayment occurs, notwithstanding that such Interest Period extends beyond the date of prepayment, (ii) the Interest Shortfall, if applicable, with respect to the amount prepaid, (iii) Breakage Costs, if any, without duplication of any sums paid pursuant to the preceding clauses (i) and (ii), and (iv) an amount equal to the applicable Spread Maintenance Premium (if made before the Spread Maintenance Date).

Prepayments After Default. (a) If, during the continuance of an Event of Default, payment of all or any part of the Debt is tendered by Borrower and accepted by Lender or is otherwise recovered by Lender (including through application of any Reserve Funds), such tender or recovery shall be deemed to be a voluntary prepayment by Borrower in violation of the prohibition against prepayment set forth in Section 2.4.1, and Borrower shall pay, as part of the Debt, all of: (i) all accrued interest calculated at the Interest Rate on the amount of principal being prepaid through and including the date of such prepayment together with an amount equal to the interest that would have accrued at the Interest Rate on the amount of principal being prepaid through the end of the Interest Period in which such prepayment occurs, notwithstanding that such Interest Period extends beyond the date of prepayment, (ii) the Interest Shortfall, if applicable, with respect to the amount prepaid, (iii) Breakage Costs, if any, without duplication of any sums paid pursuant to the preceding clauses (i) and (ii), and (iv) an amount equal to the applicable Spread Maintenance Premium (if made before the Spread Maintenance Date).

Prepayments After Default. (a) If, during the continuance of an Event of Default, payment of all or any part of the Debt is tendered by Borrower and accepted by Lender Agent or is otherwise recovered by Lender Agent (including through application of any Reserve Funds), such tender or recovery shall be deemed to be a voluntary prepayment by Borrower in violation of the prohibition against prepayment set forth in Section 2.4.12.4.1 hereof, and Borrower shall pay, as part of the Debt, all of: (i) all accrued interest calculated at the Interest Rate on the amount of principal being prepaid through and including the date of such prepayment together with an amount equal to the interest that would have accrued at the Interest Rate on the amount of principal being prepaid through the end of the Interest Period in which such prepayment occurs, notwithstanding that such Interest Period extends beyond the date of prepayment, (ii) the Interest Shortfall, if applicable, with respect to the amount prepaid, ; (iii) Breakage Costs, if any, without duplication of any sums paid pursuant to the preceding clauses (i) and (ii), and (iv) an amount equal to the applicable Spread Maintenance Premium (if made before the Spread Maintenance Date).

Prepayments After Default. (a) If, during the continuance of an Event of Default, payment of all or any part of the Debt is tendered by Borrower and accepted by Lender or is otherwise recovered by Lender (including through application of any Reserve Funds), such tender or recovery shall be deemed to be a voluntary prepayment by Borrower in violation of the prohibition against prepayment set forth in Section 2.4.1, and Borrower shall pay, as part of the Debt, all of: (i) all accrued interest calculated at the Interest Rate on the amount of principal being prepaid through and including the date of such prepayment together with an amount equal to the interest that would have accrued at the Interest Rate on the amount of principal being prepaid through the end of the Interest Period in which such prepayment occurs, notwithstanding that such Interest Period extends beyond the date of prepayment, (ii) the Interest Shortfall, if applicable, with respect to the amount prepaid, (iii) Breakage Costs, if any, without duplication of any sums paid pursuant to the preceding clauses (i) and (ii), and (iv) an amount equal to the applicable Spread Maintenance Premium (if made before the Spread Maintenance Date).

Prepayments After Default. (a) If, during the continuance of following an uncured Event of Default, Borrower tenders payment of all or any part of the Debt, or if all or any portion of the Debt is tendered by Borrower and accepted by Lender or is otherwise recovered by Lender (including through application after such Event of any Reserve Funds), Default such tender or recovery shall be deemed to be a voluntary prepayment by Borrower in violation of the prohibition against prepayment set forth in Section 2.4.1, of the Loan prior to the expiration of the Lockout Period and Borrower shall pay, as part of in addition to the Debt, all of: (i) all accrued and unpaid interest calculated at the Applicable Interest Rate on the amount of principal being prepaid through and including the date of such prepayment Prepayment Date together with an amount equal to the interest that would have accrued at the Applicable Interest Rate on the amount of principal being prepaid through the end of the Interest Period in which such prepayment occurs, notwithstanding that such Interest Period extends beyond the date of prepayment, (ii) if such prepayment occurs prior to the expiration of the Open Period, a prepayment consideration equal to five percent (5%) of the amount being prepaid, (iii) the Interest Shortfall, if applicable, with respect to the amount prepaid, (iiiiv) Breakage Costs, if any, without duplication of any sums paid pursuant to the preceding clauses clause (i) iii); and (ii)v) all other sums due under this Agreement, and (iv) an amount equal to the applicable Spread Maintenance Premium (if made before Note or the Spread Maintenance Date)other Loan Documents in connection with a partial or total prepayment.

Prepayments After Default. (a) If, during the continuance of If after an Event of Default, but prior to the date when prepayment is permitted under Section 2.4.1, payment of all or any part of the Debt principal of the Loan is tendered by Borrower and accepted by (which tender Lender may reject to the extent permitted under applicable Legal Requirements), a purchaser at foreclosure or is otherwise recovered by Lender (including through application of any Reserve Funds)other Person, such tender or recovery shall be deemed an attempt to be a voluntary prepayment by Borrower in violation of circumvent the prohibition against prepayment set forth in Section 2.4.12.4.1 and Borrower, and Borrower such purchaser at foreclosure or other Person shall paypay the Spread Maintenance Premium, as part of the Debt, all of: in addition to (i) all accrued and unpaid interest calculated at the Applicable Interest Rate on the amount of principal being prepaid through and including the date of such prepayment Prepayment Date together with an amount equal to the interest that would have accrued at the Applicable Interest Rate on the amount of principal being prepaid through the end of the Interest Period in immediately prior to the date on which such prepayment occurs, notwithstanding that such Interest Period extends beyond the date of prepayment, (ii) the Interest Shortfall, if applicable, with respect to the amount prepaid, (iii) Breakage Costs, if any, without duplication of any sums paid pursuant to the preceding clauses (i) and clause (ii), ; and (ivv) an amount equal to all other sums due under this Agreement (including Section 2.3.3), the applicable Spread Maintenance Premium (if made before Notes or the Spread Maintenance Date)other Loan Documents in connection with a partial or total prepayment.

Prepayments After Default. (a) If, during concurrently with the continuance occurrence of an Event of DefaultDefault or if an Event of Default is then continuing, payment of all or any part of the Debt is tendered by Borrower Borrower, a purchaser at a foreclosure sale of the Property, or any other Person and is accepted by Lender or is otherwise recovered by Lender (including through application of any Reserve FundsFunds following maturity or acceleration of the Loan), (a) such tender or recovery shall be deemed to be a voluntary prepayment by Borrower in violation of an attempt to circumvent the prohibition against prepayment set forth in Section 2.4.1herein, and (b) Borrower shall pay, as part of the Debt, all of: (i) all accrued interest calculated at the Interest Rate on the amount of principal being prepaid through and including the date of such prepayment repayment together with an amount equal to the interest that would have accrued at the Interest Rate on the amount of principal being prepaid repaid through the end of the Interest Period in which such prepayment repayment occurs, notwithstanding that such Interest Period extends beyond the date of prepaymentrepayment, (ii) the Interest Shortfall, if applicable, with respect to the amount prepaid, and (iii) Breakage Costs, if any, without duplication of any sums paid pursuant to the preceding clauses (i) and (ii), and (iv) an amount equal to the applicable Spread Maintenance Premium (if made before during the Spread Maintenance DatePeriod).

Prepayments After Default. (a) If, during the continuance of an Event of Default, payment of all or any part of the Debt is tendered by Borrower and accepted by Lender or is otherwise recovered by Lender (including through application of any Reserve Funds), such tender or recovery shall be deemed to be a voluntary prepayment by Borrower in violation of the prohibition against prepayment set forth in Section 2.4.12.4.1 hereof, and Borrower shall pay, as part of the Debt, all of: (i) all accrued interest calculated at the Interest Rate on the amount of principal being prepaid through and including the date of such prepayment together with an amount equal to the interest that would have accrued at the Interest Rate on the amount of principal being prepaid through the end of the Interest Period in which such prepayment occurs, notwithstanding that such Interest Period extends beyond the date of prepayment, (ii) the Interest Shortfall, if applicable, with respect to the amount prepaid;, (iii) Breakage Costs, if any, without duplication of any sums paid pursuant to the preceding clauses (i) and (ii), and (iv) an amount equal to the applicable Spread Maintenance Premium (if made before the Spread Maintenance Date).

Prepayments After Default. (a) If, during the continuance of an Event of Default, payment of all or any part of the Debt Obligations is tendered by Borrower and accepted by Lender or is otherwise recovered by Lender (including through application of any Substitute Reserve Funds), such tender or recovery shall be deemed to be a voluntary prepayment by Borrower in violation of the prohibition against prepayment set forth in Section 2.4.1, and Borrower shall pay, as part of the DebtObligations, all ofof the following: (i) all interest then having accrued interest and remaining outstanding calculated at the Interest Default Rate on for the amount portion of principal the Loan being prepaid through and including the such repayment date of such prepayment together with an amount equal to the interest that would have accrued at the Interest Rate on for the amount portion of principal the Loan being prepaid through the end of the Interest Period in which such prepayment occurs, notwithstanding that occurs as if such Interest Period extends beyond the date of prepayment, prepayment had not occurred; (ii) the Interest ShortfallAdditional Interest, if applicable, with respect to the amount prepaid, ; (iii) Breakage Costs, if any, without duplication of any sums paid pursuant to the preceding clauses (i) and (ii), ; and (iv) an amount equal to the applicable Spread Maintenance Premium (if made before the Spread Maintenance Date). Notwithstanding anything herein to the contrary, during the continuance of any Event of Default, any payment of principal, interest or other amounts from whatever source may be applied by Lender among the Note and other Obligations in Lender’s sole discretion.

Prepayments After Default. (a) If, during the continuance of an Event of Default, payment of all or any part of the Debt is tendered by Borrower and accepted by Lender or is otherwise recovered by Lender (directly or indirectly through Administrative Agent and including through application of any Reserve Funds), such tender or recovery shall be deemed to be a voluntary prepayment by Borrower in violation of the prohibition against prepayment set forth in Section 2.4.1, and Borrower shall pay, as part of the Debt, all of: (i) all accrued interest calculated at the Interest Rate on the amount of principal being prepaid through and including the date of such prepayment together with an amount equal to the interest that would have accrued at the Interest Rate on the amount of principal being prepaid through the end of the Interest Period in which such prepayment occurs, notwithstanding that such Interest Period extends beyond the date of prepayment, (ii) the Interest Shortfall, if applicable, with respect to the amount prepaid, (iii) Breakage Costs, if any, without duplication of any sums paid pursuant to the preceding clauses clause (i) and (ii), and (iviii) an amount equal to the applicable Spread Yield Maintenance Premium (if made before the Spread Yield Maintenance Date).

Prepayments After Default. (a) If, during the continuance of an Event of Default, payment of all or any part of the Debt is tendered by Borrower and accepted by Lender or is otherwise recovered by Lender (including through application of any Reserve Funds), such tender or recovery shall be deemed to be a voluntary prepayment by Borrower in violation of the prohibition against prepayment set forth in Section 2.4.1, and Borrower shall pay, as part of the Debt, all of: (i) all accrued interest calculated at the Interest Rate on the amount of principal being prepaid through and including the date of such prepayment together with an amount equal to the interest that would have accrued at the Interest Rate on the amount of principal being prepaid through the end of the Interest Period in which such prepayment occurs, notwithstanding that such Interest Period extends beyond the date of prepayment, (ii) the Interest Shortfall, if applicable, with respect to the amount prepaid, (iii) Breakage Costs, if any, without duplication of any sums paid pursuant to the preceding 51 clauses (i) and (ii), and (iv) an amount equal to the applicable Spread Maintenance Premium (if made before the Spread Maintenance Date).

Prepayments After Default. (a) If, during the continuance of an Event of Default, payment of all or any part of the Debt Obligations is tendered by Borrower and accepted by Lender or is otherwise recovered by Lender (including through application of any Reserve Funds), such tender or recovery shall be deemed to be a voluntary prepayment by Borrower in violation of the prohibition against prepayment set forth in Section 2.4.1, and Borrower shall pay, as part of the DebtObligations, all ofof the following: (i) all interest then having accrued interest and remaining outstanding calculated at the Interest Default Rate on for the amount of principal applicable Component(s) being prepaid through and including the such repayment date of such prepayment together with an amount equal to the interest that would have accrued at the Interest Rate on for the amount of principal applicable Component(s) being prepaid through the end of the Interest Period in which such prepayment occurs, notwithstanding that occurs as if such Interest Period extends beyond the date of prepayment, prepayment had not occurred; (ii) the Interest ShortfallAdditional Interest, if applicable, with respect to the amount prepaid, ; (iii) Breakage Costs, if any, without duplication of any sums paid pursuant to the preceding clauses (i) and (ii), ; and (iv) an amount equal to the applicable Spread Maintenance Premium (if made before the Spread Maintenance Date). Notwithstanding anything herein to the contrary, during the continuance of any Event of Default, any payment of principal, interest or other amounts from whatever source may be applied by Lender among the Note, Components and other Obligations in Lender’s sole discretion.