Common use of Prepayments After Default Clause in Contracts

Prepayments After Default. If, during the existence of an Event of Default, Borrower tenders payment of all or any part of the Debt, or if all or any portion of the Debt is recovered by Lender during the existence of an Event of Default (including, without limitation, through application of any Net Liquidation Proceeds After Debt Service), Borrower shall pay in addition to the Debt, (a) all accrued and unpaid interest calculated at the Applicable Interest Rate on the amount of principal being prepaid through and including the 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, (b) Breakage Costs, if any, without duplication of any sums paid pursuant to the preceding clause (a), (c) the Prepayment Premium, if any, (d) the Spread Maintenance Premium, if any, and (e) all other sums due under this Agreement, the Note or the other Loan Documents in connection with a partial or total prepayment.

Appears in 7 contracts

Samples: Mezzanine D Loan Agreement (KBS Real Estate Investment Trust, Inc.), Mezzanine a Loan Agreement (KBS Real Estate Investment Trust, Inc.), Mezzanine a Loan Agreement (KBS Real Estate Investment Trust, Inc.)

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Prepayments After Default. (a) If, during the existence continuance of an 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 during the existence of an Event of Default (including, without limitation, including through application of any Net Liquidation Proceeds After Debt ServiceReserve Funds), such tender or recovery shall be deemed to be a voluntary prepayment by Borrower and Borrower shall pay in addition to pay, as part of the Debt, all of: (ai) all accrued and unpaid interest calculated at the Applicable Interest Rate on the amount of principal being prepaid through and including the Prepayment Date date of such prepayment 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, (bii) 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 clause clauses (a), i) and (cii) the Prepayment Premium, if any, and (div) an amount equal to the Spread Maintenance Premium, Premium (if any, and (e) all other sums due under this Agreement, made before the Note or the other Loan Documents in connection with a partial or total prepaymentSpread Maintenance Date).

Appears in 3 contracts

Samples: Loan Agreement (Altisource Residential Corp), Loan Agreement (Altisource Residential Corp), Loan Agreement (Altisource Residential Corp)

Prepayments After Default. If, during the existence of an Event of Default, Borrower tenders payment of all or any part of the Debt, or if all or any portion of the Debt is recovered by Lender during the existence of an Event of Default (including, without limitation, through application of any Net Liquidation Proceeds After Debt Service)Default, Borrower shall pay pay, in addition to the Debt, (a) all accrued and unpaid interest calculated at the Applicable Interest Rate on the amount of principal being prepaid through and including the 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, (b) Breakage Costs, if any, without duplication of any sums paid pursuant to the preceding clause (a), (c) the Prepayment Premium, if any, (d) the Spread Maintenance Premium, if any, and (e) all other sums due under this Agreement, the Note or the other Loan Documents in connection with a partial or total prepayment.

Appears in 2 contracts

Samples: Loan Agreement (KBS Real Estate Investment Trust, Inc.), Loan Agreement (KBS Real Estate Investment Trust, Inc.)

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Prepayments After Default. If, during the existence 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 recovered by Lender during the existence of an after such Event of Default (including, without limitation, through application such tender or recovery shall be deemed a voluntary prepayment by Borrower in violation of any Net Liquidation Proceeds After Debt Service), the prohibition against prepayment of the Loan prior to the expiration of the Lockout Period and Borrower shall pay pay, in addition to the Debt, (ai) all accrued and unpaid interest calculated at the Applicable Interest Rate on the amount of principal being prepaid through and including the 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 occursShortfall, notwithstanding that such Interest Period extends beyond the date of prepayment; (ii) if such prepayment occurs on or prior to the expiration of the Lockout Period, a prepayment consideration equal to five percent (b5%) of the amount being prepaid; (iii) Breakage Costs, if any, without duplication of any sums paid pursuant to the preceding clause (ai), (c) the Prepayment Premium, if any, (d) the Spread Maintenance Premium, if any, ; and (eiv) all other sums due under this Agreement, the Note or the other Loan Documents in connection with a partial or total prepayment.

Appears in 1 contract

Samples: Loan Agreement (Felcor Lodging Trust Inc)

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