Repayment Schedule. (a) Upon receipt of a Utilisation Request in accordance with the provisions of this Agreement, the Agent shall in consultation with the Borrower and the Lenders, prepare a repayment schedule (or revised repayment schedule, as applicable) in respect of a Loan. Such repayment schedule shall be calculated so that the relevant Loan will amortize on the basis that the Borrower will repay a Loan in equal consecutive quarterly instalments commencing on 31 March 2023 until the Termination Date and the Agent and the Borrower will acknowledge such repayment schedule on or prior to the Utilisation Date and each Lender and the Security Agent hereby authorise the Agent to execute such acknowledgement on its behalf. (b) Following any partial prepayment of a Loan is made pursuant to Clause 7 (Prepayment and Cancellation), the Agent shall in consultation with the Borrower and the Lenders prepare a revised repayment schedule calculated on the same basis as the most recently prepared Repayment Schedule but taking into account the relevant partial prepayment and its required manner of application pursuant hereto. The Agent will then promptly send a copy of such revised repayment schedule to the Borrower and to each of the other Finance Parties, and the Agent and the Borrower will promptly sign an acknowledgement to such revised repayment schedule, upon which the then existing Repayment Schedule shall be treated as being null and void and the revised repayment schedule shall (in the absence of manifest error) take effect as the Repayment Schedule from the date that the prepayment is made in accordance with Clause 7 (Prepayment and Cancellation),and all payments hereunder shall thenceforth be made in accordance therewith. Each Lender and the Security Agent hereby authorise the Agent to execute such acknowledgement of the revised repayment schedule on its behalf.
Appears in 1 contract
Repayment Schedule. (a) Upon receipt of a Utilisation Request in accordance with the provisions of this Agreement, the Agent shall in consultation with the Borrower and the Lenders, prepare a repayment schedule (or revised repayment schedule, as applicable) in respect of a Loan. Such repayment schedule shall be calculated so that the relevant Loan will amortize on the basis that the Borrower will repay a Loan in equal consecutive quarterly instalments commencing on 31 March 2023 until the Termination Date and the Agent and the Borrower will acknowledge such repayment schedule on or prior to the Utilisation Date and each Lender and the Security Agent hereby authorise the Agent to execute such acknowledgement on its behalf.
(b) Following any partial prepayment of a Loan is made pursuant to Clause 7 (Prepayment and Cancellation), the Agent shall in consultation with the Borrower and the Lenders prepare a revised repayment schedule Repayment Schedule calculated on the same basis as the most recently prepared Repayment Schedule but taking into account the relevant partial prepayment and its required manner of application pursuant hereto. The Agent will then promptly send a copy of such revised repayment schedule Repayment Schedule to the Borrower and to each of the other Finance Parties, and the Agent and the Borrower will promptly sign an acknowledgement to such revised repayment scheduleRepayment Schedule, upon which the then existing Repayment Schedule shall be treated as being null and void and the revised repayment schedule Repayment Schedule shall (in the absence of manifest error) take effect as the Repayment Schedule from the date that the prepayment is made in accordance with Clause 7 (Prepayment and Cancellation),and Cancellation), and all payments hereunder shall thenceforth be made in accordance therewith. Each Lender and the Security Agent hereby authorise the Agent to execute such acknowledgement of the revised repayment schedule Repayment Schedule on its behalf.
Appears in 1 contract
Repayment Schedule. (a) Upon receipt of a Utilisation Request in accordance with the provisions of this Agreement, the Agent shall in consultation with the Borrower and the Lenders, prepare a repayment schedule (or revised repayment schedule, as applicable) in respect of a the Loan. Such repayment schedule shall be calculated so that the relevant Loan will amortize on the basis that the Borrower will repay a the Loan in equal consecutive quarterly instalments commencing on 31 March 2023 until the Termination Date and the Agent and the Borrower will acknowledge such repayment schedule on or prior to the Utilisation Date and each Lender and the Security Agent hereby authorise the Agent to execute such acknowledgement on its behalf.
(b) Following any partial prepayment of a the Loan is made pursuant to Clause 7 (Prepayment and Cancellation), the Agent shall in consultation with the Borrower and the Lenders prepare a revised repayment schedule calculated on the same basis as the most recently prepared Repayment Schedule but taking into account the relevant partial prepayment and its required manner of application pursuant hereto. The Agent will then promptly send a copy of such revised repayment schedule to the Borrower and to each of the other Finance Parties, and the Agent and the Borrower will promptly sign an acknowledgement to such revised repayment schedule, upon which the then existing Repayment Schedule shall be treated as being null and void and the revised repayment schedule shall (in the absence of manifest error) take effect as the Repayment Schedule from the date that the prepayment is made in accordance with Clause 7 (Prepayment and Cancellation),and all payments hereunder shall thenceforth be made in accordance therewith. Each Lender and the Security Agent hereby authorise the Agent to execute such acknowledgement of the revised repayment schedule on its behalf.
Appears in 1 contract
Repayment Schedule. (a) Upon receipt of a Utilisation Request in accordance with the provisions of this Agreement, the Agent shall in consultation with the Borrower and the Lenders, prepare a repayment schedule (or revised repayment schedule, as applicable) in respect of a the Loan. Such repayment schedule shall be calculated so that the relevant Loan will amortize on the basis that the Borrower will repay a the Loan in equal consecutive quarterly instalments commencing on 31 March 2023 until the Termination Date and the Agent and the Borrower will acknowledge such repayment schedule on or prior to the Utilisation Date and each Lender and the Security Agent hereby authorise the Agent to execute such acknowledgement on its behalf.
(b) Following any partial prepayment of a the Loan is made pursuant to Clause 7 (Prepayment and Cancellation), the Agent shall in consultation with the Borrower and the Lenders prepare a revised repayment schedule Repayment Schedule calculated on the same basis as the most recently prepared Repayment Schedule but taking into account the relevant partial prepayment and its required manner of application pursuant hereto. The Agent will then promptly send a copy of such revised repayment schedule Repayment Schedule to the Borrower and to each of the other Finance Parties, and the Agent and the Borrower will promptly sign an acknowledgement to such revised repayment scheduleRepayment Schedule, upon which the then existing Repayment Schedule shall be treated as being null and void and the revised repayment schedule Repayment Schedule shall (in the absence of manifest error) take effect as the Repayment Schedule from the date that the prepayment is made in accordance with Clause 7 (Prepayment and Cancellation),and Cancellation), and all payments hereunder shall thenceforth be made in accordance therewith. Each Lender and the Security Agent hereby authorise the Agent to execute such acknowledgement of the revised repayment schedule Repayment Schedule on its behalf.
Appears in 1 contract
Repayment Schedule. (a) Upon receipt of a each Utilisation Request in accordance with the provisions of this Agreement, the Agent shall in consultation with the Borrower and the Lenders, prepare a repayment schedule Repayment Schedule (or revised repayment scheduleRepayment Schedule, as applicable) in respect of a the relevant Loan. Such repayment schedule Repayment Schedule shall be calculated so that the relevant a Loan will amortize on the basis that the Borrower will repay a Loan in equal consecutive quarterly instalments commencing commencing, in respect of each Loan, on 31 March 2023 the first Repayment Date falling immediately after the Utilisation Date of that Loan, until the Termination Date and the Agent and the Borrower will acknowledge such repayment schedule Repayment Schedule (or revised Repayment Schedule) on or prior to the applicable Utilisation Date and each Lender and the Security Agent hereby authorise the Agent to execute such acknowledgement on its behalf.
(b) Following any partial prepayment of a Loan is made pursuant to Clause 7 (Prepayment and Cancellation), the Agent shall in consultation with the Borrower and the Lenders prepare a revised repayment schedule Repayment Schedule in respect of such Loan calculated on the same basis as the most recently prepared Repayment Schedule but taking into account the relevant partial prepayment and its required manner of application pursuant hereto. The Agent will then promptly send a copy of such revised repayment schedule Repayment Schedule to the Borrower and to each of the other Finance Parties, and the Agent and the Borrower will promptly sign an acknowledgement to such revised repayment scheduleRepayment Schedule, upon which the then existing Repayment Schedule shall be treated as being null and void and the revised repayment schedule Repayment Schedule shall (in the absence of manifest error) take effect as the Repayment Schedule from the date that the prepayment is made in accordance with Clause 7 (Prepayment and Cancellation),and Cancellation), and all payments hereunder shall thenceforth be made in accordance therewith. Each Lender and the Security Agent hereby authorise the Agent to execute such acknowledgement of the revised repayment schedule Repayment Schedule on its behalf.
Appears in 1 contract
Repayment Schedule. (a) Upon receipt Promptly following the issuance of a Utilisation the Borrowing Request in accordance with respect of the provisions of this AgreementTerm Loan, the Administrative Agent shall will, in consultation with the Borrower and the Lenders, prepare a repayment schedule (or revised repayment schedule, as applicable) in respect of a Loanthe Term Loan (the “Repayment Schedule”). Such repayment schedule shall The Repayment Schedule will be calculated so that the relevant Loan will amortize prepared on the basis that that:
(i) the Borrower will repay a the Term Loan in equal consecutive quarterly instalments on each Payment Date, commencing on 31 March 2023 the first Payment Date following the third anniversary of the Funding Date (the “Term Loan Required Payments”);
(ii) the Term Loan will amortize, commencing on the first Payment Date following the third anniversary of the Funding Date until the Termination Date Maturity Date, at a rate of 10% per annum, which rate shall be calculated on the basis of the aggregate amount of the Term Loan which has been advanced (excluding any amortization payments which have previously been made) as at the applicable Payment Date, and such annual repayments shall be split pro rata over each of the applicable Payment Dates.
(b) The Administrative Agent and the Borrower will acknowledge agree such repayment schedule on or Repayment Schedule in respect of the Term Loan prior to the Utilisation Date and each Lender and the Security Agent hereby authorise the Agent to execute such acknowledgement on its behalfFunding Date.
(bc) Following If any optional partial prepayment of a the Term Loan is made pursuant to Clause 7 (Prepayment and CancellationSection 2.05(a), or any amount of the Term Loan is prepaid as a result of a DSCR Cash Sweep Event, Guarantor Cure or Collateral Asset Disposition, such amounts shall reduce the Term Loan Required Payments pro rata (or, if the Borrower so directs in relation to any optional partial prepayment of the Term Loan pursuant to Section 2.05(a), in the manner which the Borrower directs) and the Administrative Agent shall will, in consultation with the Borrower and Borrower, revise the Lenders prepare a revised repayment schedule calculated on the same basis as the most recently prepared Repayment Schedule but taking to take into account the relevant partial prepayment and its required manner of application pursuant hereto. The Agent will then promptly send a copy of such revised repayment schedule to the Borrower and to each of the other Finance Parties, and the Administrative Agent and the Borrower will promptly sign an acknowledgement to agree such revised repayment schedule, upon which the then existing Repayment Schedule shall be treated as being null and void and the Schedule. The revised repayment schedule shall (in thereafter be the absence “Repayment Schedule” for the purposes of manifest error) take effect as the Repayment Schedule from the date that the prepayment is made in accordance with Clause 7 (Prepayment and Cancellation),and all payments hereunder shall thenceforth be made in accordance therewith. Each Lender and the Security Agent hereby authorise the Agent to execute such acknowledgement of the revised repayment schedule on its behalfthis Agreement.
Appears in 1 contract
Sources: Credit Agreement (Atlas Corp.)