Repayment Premium. Any repayment or prepayment of principal pursuant to this Article III (other than any repayments of principal made on the Maturity Date) shall be accompanied by the Repayment Premium.
Repayment Premium. Following the First Call Date, together with any repayment made pursuant to the terms of this Agreement (whether by mandatory or optional prepayment, at maturity or following acceleration of the maturity thereof, in connection with an Event of Default (including, without limitation, a Change of Control) and/or in or in connection with a voluntary or involuntary Insolvency Event or otherwise) with respect to the Loans (other than any repayment pursuant to Section 2.07(c)(ii)) (solely to the extent on account of any Insurance and Condemnation Event), or if the maturity of the Loans shall be accelerated under any provision of Section 7.02 or Section 7.03 or if a substitution of any Lender is made pursuant to Section 10.06 Borrower shall pay to the Administrative Agent, for the benefit of all Lenders (or, in the case, of a substitution pursuant to Section 10.06, the substituted Lender) in addition to the amount so repaid or due, an amount equal to the applicable percentage (herein referred to as the “Repayment Premium”) set forth in the following chart, of the principal amount so repaid, due or assigned, together with unpaid interest on the amount so repaid, due or assigned. Date of Repayment, Acceleration or Assignment Repayment or Assignment Percentage of Loans From (but excluding) the First Call Date to (and including) the second anniversary of the Closing Date 3 % From (but excluding) the second anniversary of the Closing Date to (and including) the third anniversary of the Closing Date 2 % From (but excluding) the third anniversary of the Closing Date to (and including) the fourth anniversary of the Closing Date 1 % From (but excluding) the fourth anniversary of the Closing Date and thereafter 0 % Any payment required pursuant to this Section 2.07(e) is in addition to, and not a replacement of any amount paid pursuant to any other provision of this Agreement. For the avoidance of doubt, this Section 2.07(e) is for the benefit of the Lenders only and is not intended to be the sole remedy for the Borrower’s breach under Section 7.01.
Repayment Premium. If, on or prior to the date that is thirty-six (36) calendar months following the Closing Date, the Issuer makes any repayment pursuant to the terms of this Agreement, whether such repayment occurs as a result of an acceleration (whether automatic or optional acceleration) following an Event of Default or otherwise, then the Issuer shall pay to the Administrative Agent, for the benefit of all Holders, in addition to the amount so repaid, an amount equal to three percent (3%) (herein referred to as the “Repayment Premium”), of the principal amount so repaid, together with amounts owing pursuant to Section 2.6. Any payment required pursuant to this Section 2.11(h) is in addition to, and not a replacement of any amount paid pursuant to Section 2.6 or Section 2.11(g). For the avoidance of doubt, this Section 2.11(h) is for the benefit of the Holders only (and the Administrative Agent for the ratable benefit of the Holders) and is not intended to be the sole remedy for the Issuer’s breach of Section 2.8.
Repayment Premium. Upon repayment on the Maturity Date, or at any earlier time when repayment is required, or permitted hereunder, including upon a default hereunder, as well as upon conversion the Company shall in addition to the Principal Amount pay to the Holder an amount equal to the Repayment Premium calculated on the aggregate unconverted and then outstanding Principal Amount under this Note.
Repayment Premium. Upon the prepayment or repayment of all or any portion of any Loans (or upon the date any such prepayment or repayment is required to be paid), whether pursuant to Section 9.2 or Section 9.3, or otherwise, other than any repayment pursuant to Section 3.2(d), the Borrower shall pay to the Administrative Agent for the account of each Lender, in cash, on the date on which such prepayment or repayment is paid or required to be paid, as the case may be, in addition to the other Obligations (including the Exit Fee and the Commitment Fee) so prepaid, repaid or required to be prepaid or repaid, the Repayment Premium that is applicable on such date with respect to the portion of each Loan of such Lender so prepaid, repaid or required to be prepaid or repaid.
Repayment Premium. Any repayment of principal pursuant to this Article III (other than any repayments of principal due on the Maturity Date) shall be accompanied by the Repayment Premium; provided that, if the Maturity Date is accelerated pursuant to a breach of Section 8.4 (which breach constitutes an Event of Default under Section 9.1(c), the Borrower shall not have to pay the Repayment Premium; and provided, further, that if any prepayment is required pursuant to Section 3.2(b), the amount of the required principal prepayment shall be reduced such that the sum of such required principal prepayment plus the applicable Repayment Premium shall equal 100% of the Net Asset Sale Proceeds or the Net Casualty Sale Proceeds, as applicable (or such lesser amount as required to be prepaid by the Lender pursuant to Section 3.2(b)).
Repayment Premium. The Borrower agrees to pay to Pershing Square Capital for the account of the Lenders on the date of the repayment of the Loans an amount (the “Repayment Premium”) in Dollars equal to 2.25% of the principal amount of the Loans then repaid. Payment of the Repayment Premium shall be a condition to the effectiveness of the repayment of the principal amount of the Loans.
Repayment Premium. Upon the prepayment or repayment of the principal of all or any portion of any Loans (or upon the date any such prepayment or repayment is required to be paid), whether pursuant to Section 3.2, Section 9.2, Section 9.3, or otherwise, the Borrower shall pay to the Lender, in cash, on the date on which such prepayment or repayment is paid or required to be paid, as the case may be, in addition to the other Obligations (including the Exit Fee) so prepaid, repaid or required to be prepaid or repaid, the Repayment Premium that is applicable on such date with respect to the portion of each Loan so prepaid, repaid or required to be prepaid or repaid.
Repayment Premium. Upon the prepayment or repayment of all or any portion of any Loans (or upon the date any such prepayment or repayment is required to be paid), whether pursuant to Section 9.2 or Section 9.3, or otherwise (but excluding any required repayment of Loans with Net Casualty Proceeds pursuant to Section 3.2(b)(i)), the Borrower shall pay to the Lender, in cash, on the date on which such prepayment or repayment is paid or required to be paid, as the case may be, in addition to the other Obligations (including the Exit Fee) so prepaid, repaid or required to be prepaid or repaid, the Repayment Premium that is applicable on such date with respect to the portion of each Loan so prepaid, repaid or required to be prepaid or repaid.
Repayment Premium. Any repayment of principal pursuant to this Article III (other than any repayments of principal due on the Maturity Date) shall be accompanied by the Repayment Premium; provided that, if the Maturity Date is accelerated pursuant to a breach of Section 8.4 (which breach constitutes an Event of Default under Section 9.1(c), the Borrower shall not have to pay the Repayment Premium; and provided, further, that if any prepayment is required pursuant to Section 3.2(b), the amount of the required principal prepayment shall be reduced such that the sum of such required principal prepayment plus the applicable Repayment Premium shall equal 100% of the Net Asset Sale Proceeds or the Net Casualty Sale Proceeds, as applicable (or such lesser amount as required to be prepaid by the Lender pursuant to Section 3.2(b)). [*] CERTAIN INFORMATION IN THIS DOCUMENT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTION.
