Voluntary Prepayments Commitment Reductions Clause Samples
The Voluntary Prepayments/Commitment Reductions clause allows a borrower to pay back loan amounts ahead of schedule or reduce the total amount of credit available under a loan agreement at their discretion. Typically, this clause outlines the process for notifying the lender, any minimum payment or reduction amounts, and whether any fees or penalties apply. Its core function is to provide flexibility for the borrower to manage debt levels and interest costs, while also giving the lender clarity on how and when such changes to the loan balance or commitment can occur.
Voluntary Prepayments Commitment Reductions. (a) Prior to the Stated Maturity Date, the Borrowers may, from time to time on any Business Day, make a voluntary prepayment, in whole or in part, of the outstanding principal amount of the Loans; provided, however, that:
(i) all such voluntary prepayments shall require notice on or before 11:00 a.m. (New York City time) not less than one nor more than five Business Days’ in advance of any prepayment of any Loan (or such shorter or longer period as the Administrative Agent may agree to in its reasonable discretion);
(ii) all such voluntary partial prepayments shall be in an aggregate minimum amount of $1,000,000 and an integral multiple of $500,000 (or in the case of Swingline Loans, an aggregate minimum amount of $250,000 and an integral multiple of $100,000) or, if less, the aggregate principal amount of the relevant Loans outstanding hereunder; and
(iii) all such prepayments shall be made pro rata among Loans having the same Interest Period.
(b) The Borrowers may, from time to time on any Business Day after the Effective Date, voluntarily reduce the unused amount of any Commitment, the Swingline Commitment and the Letter of Credit Sublimit; provided, however, that (i) all such reductions shall be made on not less than one nor more than five Business Days’ prior notice to the Administrative Agent and be permanent, (ii) any partial reduction of the unused amount of such Commitment, Swingline Commitment or Letter of Credit Sublimit shall be in a minimum amount of $1,000,000 and in an integral multiple of $500,000 and (iii) the applicable Loans shall have been prepaid to the extent required by Section 3.1.2 or pursuant to Section 4.12(c) or the Letter of Credit Liability corresponding to all such Letter of Credit Usage shall have been collateralized in accordance with Section 4.14.
Voluntary Prepayments Commitment Reductions. (i) Any time after the Closing Date, the Borrower may prepay any such Loans on any Business Day in whole or in part (together with any Breakage Amounts); provided, that:
(A) all such prepayments shall be made either on a Monthly Settlement Date or upon not less than two (2) Business Days’ (given by 3:00 pm New York time) prior written or telephonic notice given to Administrative Agent, by 10:00 a.m. (New York City time) on the date required and, if given by telephone, promptly confirmed in writing to Administrative Agent and each Lender. Each partial prepayment shall be in amount equal to $1,000,000 or integral multiples of $250,000 in excess thereof (unless otherwise agreed to in writing by the Administrative Agent). Upon the giving of any such notice, the principal amount of the Loans specified in such notice shall become due and payable on the prepayment date specified therein;
(B) any such voluntary prepayment hereunder shall be applied to the Loans and Lenders ratably based on the Aggregate Loan Amount (irrespective of class);
(C) any accrued Interest and Fees and any associated Breakage Amount in respect of such prepaid Loans shall be paid on the date of such prepayment; and
(D) if any such prepayment is made (x) from the proceeds of a voluntary repurchase permitted with the written consent of the Administrative Agent in accordance with the Initial Purchase and Sale Agreement by any Originator of any Pool Receivables on or prior to March 23, 2022 or (y) from the proceeds of a new accounts receivable financing either entered into by the Borrower or entered into by an Affiliate of the Borrower and requiring the purchase of Pool Receivables from the Borrower after March 23, 2022 but on or prior to September 25, 2023, then the Borrower shall pay the Early Prepayment Premium on the amount of such prepayment.
(ii) The Borrower may, at any time from time to time upon at least two (2) Business Day’s prior written or telephonic notice confirmed in writing to Administrative Agent (which original written or telephonic notice Administrative Agent will promptly transmit by facsimile or telephone to each applicable Lender) terminate in whole or permanently reduce in part the unused Commitments and/or request the termination of its ability to request Discretionary Loans. Each partial reduction shall be in a minimum aggregate amount of $5,000,000 or integral multiples of $1,000,000 in excess thereof. The Borrower’s notice to Administrative Agent shall designate the ...
Voluntary Prepayments Commitment Reductions. (i) Any time and from time to time:
(1) with respect to Base Rate Loans, Borrower may prepay any such Loans on any Business Day in whole or in part in an aggregate minimum amount of $1,000,000 and integral multiples of $500,000 in excess of that amount (or the outstanding amount of such Base Rate Loans);
(2) with respect to Eurodollar Rate Loans, Borrower may prepay any such Loans on any Business Day in whole or in part in an aggregate minimum amount of $1,000,000 and integral multiples of $500,000 in excess of that amount (or the outstanding amount of such Eurodollar Rate Loans); and
(3) with respect to Swing Line Loans, Borrower may prepay any such Loans on any Business Day in whole or in part in an aggregate minimum amount of $500,000, and in integral multiples of $100,000 in excess of that amount (or the outstanding amount of such Swing Line Loans).
(ii) All such prepayments shall be made:
(1) upon not less than one (1) Business Day’s prior written or telephonic notice in the case of Base Rate Loans;
(2) upon not less than three Business Days’ prior written or telephonic notice in the case of Eurodollar Rate Loans; and
(3) upon written or telephonic notice on the date of prepayment, in the case of Swing Line Loans; in each case given to Administrative Agent or Swing Line Lender, as the case may be, by 12:00 p.m. (New York City time) on the date required and, if given by telephone, promptly confirmed by delivery of written notice thereof to Administrative Agent (and Administrative Agent will promptly transmit such original notice for Term Loans or Revolving Loans, as the case may be, by telefacsimile or telephone to each Lender) or Swing Line Lender, as the case may be. Upon the giving of any such notice, the principal amount of the Loans specified in such notice shall become due and payable on the prepayment date specified therein; provided, however, any such notice may state that the date of such prepayment of the Loans is conditioned upon the effectiveness of another specified financing or other event, in which case the date of such reduction or termination may be delayed or the notice may be revoked by Borrower (by written notice to Administrative Agent) if such financing specified therein is not consummated. Any such voluntary prepayment shall be applied as specified in Section 2.15(a).
Voluntary Prepayments Commitment Reductions. 23 (b) Mandatory Prepayments; Aggregate Commitment Reduction.................................24 (i) Investment Capital Loans.....................................................24
i. TABLE OF CONTENTS (CONTINUED) PAGE (ii) Working Capital Loans........................................................24
Voluntary Prepayments Commitment Reductions. The Maker shall have the right at any time, and from time to time, in its sole discretion, to (i) prepay, without premium or penalty, the obligations outstanding under this Note in whole or in part without notice to the Noteholder and/or (ii) reduce the Commitment Amount under this Note in whole or in part upon prior written notice to the Noteholder, in each case, in a minimum principal amount of Five Hundred Thousand U.S. Dollars (U.S.$500,000), with the proceeds of any such prepayment contemplated by the foregoing clause (i) to be applied in accordance with Section 2(f) below, it being expressly understood and agreed that (A) any such prepayment contemplated by the foregoing clause (i) shall not reduce the Commitment Amount and (B) any reduction of the Commitment Amount pursuant to the foregoing clause (ii) may, at the election of the Maker, be made conditional on the consummation of any transaction specified by the Maker in its notice of such reduction.
Voluntary Prepayments Commitment Reductions. (a) Subject to paragraph (e) below, the Borrower shall not make any prepayments, in whole or in part and the Borrower shall not reduce or terminate the Revolving Loan Commitments at any time prior to the one (1) year anniversary of the Closing Date. Notwithstanding the foregoing, if the Facility is prepaid, in whole or in part, or the Revolving Loan Commitments are reduced or terminated either (i) by the Borrower or its Affiliates or (ii) by the Administrative Agent in accordance with Section 7 following an Event of Default caused by an intentional or willful breach of this Agreement or any other Credit Document by any Credit Party, prior to the one (1) year anniversary of the Closing Date, the Borrower shall pay (unless the Change of Ownership Make-Whole Payment is due pursuant to paragraph (g) below) the Lock-Out Make-Whole Payment to the Lenders on the date of any such prepayment, reduction or termination.
(b) Subject to paragraph (e) below, the Borrower may make prepayments or terminate the Revolving Loan Commitments, in whole but not in part, during the period from the one (1) year anniversary of the Closing Date through but not including the two (2) year anniversary of the Closing Date; provided, however, that if the Facility is prepaid in whole or the Revolving Loan Commitments are terminated during such period either (i) by the Borrower or its Affiliates or (ii) by the Administrative Agent in accordance with Section 7 following an Event of Default caused by an intentional or willful breach of this Agreement or any other Credit Document by any Credit Party, the Borrower shall pay the applicable Prepayment Payment to the Lenders on the date of any such prepayment or termination.
(c) Subject to paragraph (e) below, the Borrower may make prepayments or terminate the Revolving Loan Commitments, in whole but not in part, during the period from the two (2) year anniversary of the Closing Date through but not including the date that is thirty (30) calendar months following the Closing Date; provided, however, that if the Facility is prepaid in whole or the Revolving Loan Commitments are terminated during such period either (i) by the Borrower or its Affiliates or (ii) by the Administrative Agent in accordance with Section 7 following an Event of Default caused by an intentional or willful breach of this Agreement or any other Credit Document by any Credit Party, the Borrower shall pay the applicable Prepayment Payment to the Lenders on the date of any such...
Voluntary Prepayments Commitment Reductions. The Borrower may (x) at any time and from time to time upon not less than three (3) Business Day's prior irrevocable written notice given to the Administrative Agent, terminate or permanently reduce the unused portion of the Commitments on any Business Day or (y) at any time and from time to time prepay the Loans on any Business Day, in whole or in part, in each case in an aggregate minimum amount of $200,000,000 and integral multiples of $25,000,000 in excess of that amount or such lesser amount that may then be outstanding. Such notice of termination or reduction of the Commitment or prepayment of the Loans having been given as aforesaid shall be irrevocable and effective upon receipt by the Administrative Agent. The principal amount of the Loans specified in any notice of prepayment shall become due and payable on the prepayment date specified therein. $650,000,000 CREDIT AGREEMENT
Voluntary Prepayments Commitment Reductions. (a) Company may, upon written or telephonic notice to Administrative Agent on or prior to 12:00 noon (New York City time) on the date of prepayment, which notice, if telephonic, shall be promptly confirmed in writing, at any time and from time to time prepay any Swing Line
Voluntary Prepayments Commitment Reductions. Subject to making any payment required under Section 2.9(c), at any time and from time to time, Company may prepay any Loan on any Business Day in whole or in part (together with accrued and unpaid interest thereon and any amounts due pursuant to Section 2.15(d)) in an aggregate minimum amount of $500,000 and integral multiples of $100,000 in excess of that amount. All such prepayments shall be made upon not less than three (3) U.S. Government Securities Business Days’ (or such shorter time as Administrative Agent may agree) prior written or telephonic notice, in each case given by Company to Administrative Agent by 4:00 p.m. (New York City time) on the date required and, if given by telephone, promptly confirmed in writing to Administrative Agent (and Administrative Agent will promptly transmit (which may be by telephone) such telephonic or original notice for Loans to each Lender). Upon the giving of any such notice, the principal amount of the Loans specified in such notice shall become due and payable on the prepayment date specified therein; provided, that any notice of prepayment of Obligations delivered by Company may state that such notice is conditioned upon the receipt of the proceeds of the issuance of Indebtedness or Capital Stock, in which case such notice of prepayment may be revoked by Company if such condition is not satisfied by written notice to Administrative Agent on or prior to the date of repayment and termination stated in the prepayment notice. Any such voluntary prepayment shall be applied as specified in Section 2.12 with respect to Loans.
Voluntary Prepayments Commitment Reductions. (a) Revolving Loans may be prepaid from time to time, without penalty or premium.
(b) Borrowers may permanently reduce the Revolving Loan Commitments, on a Pro Rata basis for each Lender, from time to time upon written notice to Administrative Agent, which notice shall specify the amount of the reduction, shall be irrevocable once given, shall be given at least five Business Days prior to the end of a month and shall be effective as of the first day of the next month. Each reduction shall be in a minimum amount of $5,000,000, or an increment of $5,000,000 in excess thereof. Notwithstanding the foregoing, at no time shall the Borrowers voluntarily reduce the aggregate Revolving Loan Commitments to less than $20,000,000.