Common use of Repayment Premium Clause in Contracts

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. 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 in Control) and/or in or in connection with a voluntary or involuntary Insolvency Event or otherwise) with respect to the Loans (other than (i) any repayment pursuant to Section 2.07(c)(ii)2.3(c) (solely to the extent on account of any Insurance Casualty Proceeds) or (ii) any repayment made pursuant to clauses (Y)(1) and Condemnation Event(Y)(2) of the second proviso in Section 2.3(c), in connection with any Asset Disposition of CBM Properties), or if the maturity of the Loans shall be accelerated under any provision of Section 7.02 or Section 7.03 8.2 or if a substitution of any Lender is made pursuant to Section 10.06 11.6(c), Borrower shall pay to the Administrative Agent, for the benefit of all Lenders (or, in the case, of a substitution pursuant to Section 10.0611.6(c), 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 4 % 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(e2.133(h) 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(e2.133(h) is for the benefit of the Lenders only and is not intended to be the sole remedy for the Borrower’s breach under Section 7.017.018.1.

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 in Control) and/or in or in connection with a voluntary or involuntary Insolvency Event or otherwise) with respect to the Loans (other than (i) any repayment pursuant to Section 2.07(c)(ii)2.3(c) (solely to the extent on account of any Insurance and Condemnation EventCasualty Proceeds) or (ii) any repayment in respect of Net Cash Proceeds received in connection with any Asset Disposition of the CBM Properties), 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 8.2, 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 first anniversary of the First Call Date 4 % From (but excluding) the first anniversary of the First Call Date to (and including) the second anniversary of the Closing First Call Date 3 2 % From (but excluding) the second anniversary of the Closing First Call Date to (and including) the third anniversary of the Closing First Call Date 2 1 % 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 First Call Date and thereafter 0 % Any payment required pursuant to this Section 2.07(e2.3(h) 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(e2.3(h) is for the benefit of the Lenders only and is not intended to be the sole remedy for the Borrower’s breach under Section 7.018.1.

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 in 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)2.3(b) (solely to the extent on account of any Insurance and Condemnation EventCasualty Proceeds), or if the maturity of the Loans shall be accelerated under any provision of Section 7.02 or Section 7.03 8.2 or if a substitution of any Lender is made pursuant to Section 10.06 11.6(c), Borrower shall pay to the Administrative Agent, for the benefit of all Lenders (or, in the case, of a substitution pursuant to Section 10.0611.6(c), 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 4 % 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(e2.3(h) 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(e2.3(h) is for the benefit of the Lenders only and is not intended to be the sole remedy for the Borrower’s breach under Section 7.018.1.

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 in Control) and/or in or in connection with a voluntary or involuntary Insolvency Event or otherwise) with respect to the Loans (other than (i) any repayment pursuant to Section 2.07(c)(ii)2.3(c) (solely to the extent on account of any Insurance Casualty Proceeds) or (ii) any repayment pursuant to clauses (Y)(1) and Condemnation Event(Y)(2) of the second proviso in Section 2.3(c)), or if the maturity of the Loans shall be accelerated under any provision of Section 7.02 or Section 7.03 8.2 or if a substitution of any Lender is made pursuant to Section 10.06 11.6(c), Borrower shall pay to the Administrative Agent, for the benefit of all Lenders (or, in the case, of a substitution pursuant to Section 10.0611.6(c), 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 4 % 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(e2.13(h) 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(e2.13(h) 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.