Yield Maintenance Premium. If Company prepays, including as a result of acceleration, for any reason (except as specifically excluded under SECTION 2.11 below), all or any part of the principal balance of any Term Loan on or prior to April 25, 2006, Company shall pay to Administrative Agent, for the benefit of all Lenders entitled to a portion of such prepayment, an amount (the "YIELD MAINTENANCE PREMIUM") (which such amount shall be in addition to the Prepayment Premium described below) equal to (1) the aggregate amount of interest (including, without limitation, interest payable in Cash, in kind or deferred) which would have otherwise been payable on the amount of the principal prepayment from the date of prepayment until April 25, 2006, minus (2) the aggregate amount of interest Lenders would earn if the prepaid principal amount were reinvested for the period from the date of prepayment until April 25, 2006 at the Treasury Rate. The term "TREASURY RATE" shall mean a rate per annum (computed on the basis of actual days elapsed over a year of 360 days) equal to the rate determined by Administrative Agent on the date three (3) Business Days prior to the date of prepayment, to be the yield expressed as a rate listed in The Wall Street Journal for United States Treasury securities having a term of not greater than twelve (12) months. No amount will be payable pursuant to the foregoing provisions with respect to any prepayment of all or any part of any Loan after April 25, 2006.
Appears in 2 contracts
Sources: Credit and Guaranty Agreement (Taleo Corp), Credit and Guaranty Agreement (Taleo Corp)