Kildair Prepaid Purchases. Eligible Commodities (consisting of Petroleum Products) valued at the then current Value purchased and prepaid by the Kildair Loan Parties from suppliers reasonably acceptable to the Co-Collateral Agents in their sole discretion, with respect to which (w) title shall not have passed to the any Loan Party, (x) such Eligible Commodities shall not have been delivered to any Loan Party; provided that such products must be supported by an invoice from said supplier (i) specifying the purpose of the applicable prepayment, and (ii) including a copy of the underlying purchase contract; (y) with respect to prepayment by any Loan Party under any agreement or arrangement, not more than five (5) Business Days shall have elapsed since such prepayment was made and (z) the Administrative Agent shall have a Perfected First Lien in the right of such Loan Party to receive such Eligible Commodities (including that no provision of any agreement between such supplier and such Loan Party shall prohibit the assignment of a security interest by such Loan Party to the Administrative Agent in such Loan Party’s right to receive such Eligible Commodities).

Kildair Prepaid Purchases as of any date, Eligible Commodities (consisting of Petroleum Products) valued at the then current Value purchased and prepaid by the Kildair Loan Parties from suppliers reasonably acceptable to the Administrative Agent in its sole discretion, with respect to which (w) title shall not have passed to the any Loan Party, (x) such Eligible Commodities shall not have been delivered to any Loan Party; provided that such products must be supported by an invoice from said supplier (i) specifying the purpose of the applicable prepayment, and (ii) including a copy of the underlying purchase contract; (y) with respect to prepayment by any Loan Party under any agreement or arrangement, not more than five (5) Business Days shall have elapsed since such prepayment was made and (z) the Administrative Agent shall have a Perfected First Lien in the right of such Loan Party to receive such Eligible Commodities (including that no provision of any agreement between such supplier and such Loan Party shall prohibit the assignment of a security interest by such Loan Party to the Administrative Agent in such Loan Party’s right to receive such Eligible Commodities). “Laws”: collectively, all international, foreign, Federal, state, provincial, territorial and local statutes, treaties, rules, guidelines, regulations, ordinances, codes and administrative or judicial precedents or authorities, including the interpretation or administration thereof by any Governmental Authority charged with the enforcement, interpretation or administration thereof, and all applicable administrative orders, directed duties, licenses, authorizations and permits of, and agreements with, any Governmental Authority, in each case whether or not having the force of law. “L/C Fee Payment Date”: (a) the fifth day after the first Business Day of each January, April, July and October (or, if such day is not on a Business Day, the next succeeding Business Day) and (b) the expiration date of the last outstanding Post-Termination LOC. “L/C Obligations”: at any time, an amount equal to the sum of (a) the Dollar Equivalent of the aggregate undrawn amount of the then-outstanding Letters of Credit and (b) the

Related to Kildair Prepaid Purchases

Initial Prepayment shall have the meaning set forth in Section 7.2 of this Agreement.
Optional Prepayment Date has the meaning specified in Section 4.b hereof.
Discounted Term Loan Prepayment has the meaning assigned to such term in Section 2.11(a)(ii)(A).
Permitted Prepayment Date means the Business Day after the second (2nd) anniversary of the first Payment Date
Optional Prepayment shall have the meaning set forth in Section 2.10.
Delayed Draw Term Loans has the meaning as set forth in Section 2.5(a).
Borrower Offer of Specified Discount Prepayment means the offer by any Company Party to make a voluntary prepayment of Term Loans at a Specified Discount to par pursuant to Section 2.05(a)(v)(B).
Full Prepayment Any payment of the entire principal balance of a Mortgage Loan which is received in advance of its scheduled Due Date and is not accompanied by an amount of interest representing scheduled interest due on any date or dates in any month or months subsequent to the month of prepayment.
Solicited Discounted Prepayment Offer means the irrevocable written offer by each Term Lender, substantially in the form of Exhibit O, submitted following the Administrative Agent’s receipt of a Solicited Discounted Prepayment Notice.
Proposed Prepayment Date is defined in Section 8.3(c).
Solicited Discounted Prepayment Amount has the meaning set forth in Section 2.05(a)(v)(D)(1).
Specified Discount Prepayment Response Date has the meaning set forth in Section 2.05(a)(v)(B)(1).
Solicited Discounted Prepayment Response Date has the meaning set forth in Section 2.05(a)(v)(D)(1).
Borrower Solicitation of Discount Range Prepayment Offers means the solicitation by the Borrower of offers for, and the corresponding acceptance by a Term Lender of, a voluntary prepayment of Term Loans at a specified range at a discount to par pursuant to Section 2.09(a)(ii)(C).
Incremental Facility Closing Date has the meaning set forth in Section 2.14(d).
Borrower Solicitation of Discounted Prepayment Offers means the solicitation by any Company Party of offers for, and the subsequent acceptance, if any, by a Lender of, a voluntary prepayment of Term Loans at a discount to par pursuant to Section 2.05(a)(v)(D).
Discounted Prepayment Option Notice has the meaning specified in Section 2.05(d)(ii).
Specified Discount Prepayment Amount has the meaning set forth in Section 2.05(a)(v)(B)(1).
Optional Prepayment Price shall have the meaning set forth in Section 14.02(a).
Discount Range Prepayment Offer means the irrevocable written offer by a Term Lender, substantially in the form of Exhibit L, submitted in response to an invitation to submit offers following the Auction Agent’s receipt of a Discount Range Prepayment Notice.
Prepayment Asset Sale means any Disposition by the Borrower or its Restricted Subsidiaries made pursuant to Section 6.07(h).
Proposed Discounted Prepayment Amount has the meaning specified in Section 2.05(d)(ii).
Specified Discount Proration has the meaning set forth in Section 2.05(a)(v)(B)(3).
Partial Prepayment Amount means the amount required to prepay a portion of the Annual Special Tax obligation for an Assessor’s Parcel as described in Section H.
Reinvestment Prepayment Date with respect to any Reinvestment Event, the earlier of (a) the date occurring twelve months after such Reinvestment Event and (b) the date on which the Borrower shall have determined not to, or shall have otherwise ceased to, acquire or repair assets useful in the Borrower’s business with all or any portion of the relevant Reinvestment Deferred Amount.
REO Disposition Proceeds All amounts received with respect to an REO Disposition pursuant to Section 4.16.

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