Common use of Funding Losses, Etc Clause in Contracts

Funding Losses, Etc. All prepayments under this Section 2.06 shall be made together with, in the case of any such prepayment of a Eurocurrency Rate Loan on a date prior to the last day of an Interest Period therefor, any amounts owing in respect of such Eurocurrency Rate Loan pursuant to Section 3.05. Notwithstanding any of the other provisions of Section 2.06(b), so long as no Event of Default shall have occurred and be continuing, if any prepayment of Eurocurrency Rate Loans is required to be made under Section 2.06(b) (but excluding prepayments required under clause (vi) of Section 2.06(b)), prior to the last day of the Interest Period therefor, in lieu of making any payment pursuant to Section 2.06(b) in respect of any such Eurocurrency Rate Loan prior to the last day of the Interest Period therefor, the Borrower may, in its sole discretion, deposit the amount of any such prepayment otherwise required to be made thereunder into a Cash Collateral Account until the last day of such Interest Period, at which time the Administrative Agent shall be authorized (without any further action by or notice to or from the Borrower or any other Loan Party) to apply such amount to the prepayment of such Loans in accordance with Section 2.06(b). Upon the occurrence and during the continuance of any Event of Default, the Administrative Agent shall also be authorized (without any further action by or notice to or from the Borrower or any other Loan Party) to apply such amount to the prepayment of the outstanding Loans in accordance with Section 2.06(b) and the Borrower shall be responsible for any amounts owing in respect of any Eurocurrency Rate Loan pursuant to Section 3.05.

Appears in 3 contracts

Samples: Credit Agreement (Bright Horizons Family Solutions Inc.), Agreement and Security Agreement (Bloomin' Brands, Inc.), Credit Agreement (Bright Horizons Family Solutions Inc.)

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Funding Losses, Etc. All prepayments under this Section 2.06 2.05 shall be made together with, in the case of any such prepayment of a Eurocurrency Rate Eurodollar Loan on a date prior to other than the last day of an Interest Period thereforthereof, any amounts owing in respect of such Eurocurrency Rate Eurodollar Loan pursuant to Section 3.05. Notwithstanding any of the other provisions of this Section 2.06(b)2.05, so long as no Event of Default shall have occurred and be continuing, if any prepayment of Eurocurrency Rate Eurodollar Loans is required to be made under Section 2.06(b) (but excluding prepayments required under clause (vi) of Section 2.06(b)2.05(b), prior to other than on the last day of the Interest Period thereforthereof, in lieu of making any payment pursuant to Section 2.06(b2.05(b) in respect of any such Eurocurrency Rate Eurodollar Loan prior to other than on the last day of the Interest Period thereforthereof, the Borrower may, in its sole discretion, deposit the amount of any such prepayment otherwise required to be made thereunder into a Cash Collateral Account until the last day of such Interest Period, at which time the Administrative Agent shall be authorized (without any further action by or PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT FILED BY STATION CASINOS, LLC WITH THE SECURITIES AND EXCHANGE COMMISSION (“SEC”), CONFIDENTIAL PORTIONS OF THIS EXHIBIT HAVE BEEN OMITTED AND FILED SEPARATELY WITH THE SEC. THIS INFORMATION HAS BEEN DENOTED BY ASTERISKS [***]. notice to or from the Borrower or any other Loan Party) to apply such amount to the prepayment of such Loans in accordance with Section 2.06(b2.05(b). Upon the occurrence and during the continuance of any Event of Default, the Administrative Agent shall also be authorized (without any further action by or notice to or from the Borrower or any other Loan Party) to apply such amount to the prepayment of the outstanding Loans and Cash Collateralization of Letters of Credit in accordance with the applicable provisions of Section 2.06(b) and the Borrower shall be responsible for any amounts owing in respect of any Eurocurrency Rate Loan pursuant to Section 3.052.05(b).

Appears in 2 contracts

Samples: Credit Agreement (Station Casinos LLC), Credit Agreement (Station Casinos LLC)

Funding Losses, Etc. All prepayments under this Section 2.06 2.05 shall be made together with, in the case of any such prepayment of a Eurocurrency Rate Loan on a date prior to the last day of an Interest Period therefor, any amounts owing in respect of such Eurocurrency Rate Loan pursuant to Section 3.05. Notwithstanding any of the other provisions of Section 2.06(b2.05(b), so long as no Event of Default shall have occurred and be continuing, if any prepayment of Eurocurrency Rate Loans is required to be made under Section 2.06(b2.05(b) (but excluding prepayments required under clause (viiv) of Section 2.06(b2.05(b)), prior to the last day of the Interest Period therefor, in lieu of making any payment pursuant to Section 2.06(b2.05(b) in respect of any such Eurocurrency Rate Loan prior to the last day of the Interest Period therefor, the Borrower Borrowers may, in its their sole discretion, deposit the amount of any such prepayment otherwise required to be made thereunder into a Cash Collateral Account until the last day of such Interest Period, at which time the Administrative Agent shall be authorized (without any further action by or notice to or from the any Borrower or any other Loan Party) to apply such amount to the prepayment of such Loans in accordance with Section 2.06(b2.05(b). Upon the occurrence and during the continuance of any Event of Default, the Administrative Agent shall also be authorized (without any further action by or notice to or from the any Borrower or any other Loan Party) to apply such amount to the prepayment of the outstanding Loans in accordance with Section 2.06(b2.05(b) and the Borrower Borrowers shall be responsible for any amounts owing in respect of any Eurocurrency Rate Loan pursuant to Section 3.05.

Appears in 2 contracts

Samples: Credit Agreement (Bloomin' Brands, Inc.), Security Agreement (Bloomin' Brands, Inc.)

Funding Losses, Etc. All prepayments under this Section 2.06 2.05 shall be made together with, in the case of any such prepayment of a Eurocurrency Eurodollar Rate Loan, an RFR Loan or a EURIBOR Loan on a date prior to other than the last day of an Interest Period Period, or on a date other than the Interest Payment Date, therefor, as applicable, any amounts owing in respect of such Eurocurrency Eurodollar Rate Loan, RFR Loan or EURIBOR Loan, as the case may be, pursuant to Section 3.05. Notwithstanding any of the other provisions of Section 2.06(b2.05(b), so long as no Event of Default shall have occurred and be continuing, if any prepayment of Eurocurrency Eurodollar Rate Loans, RFR Loans or EURIBOR Loans is required to be made under this Section 2.06(b) (but excluding prepayments required under clause (vi) of Section 2.06(b)2.05(b), prior to the last day of the Interest Period therefor, in lieu of making any payment pursuant to Section 2.06(b) in respect of any such Eurocurrency Rate Loan prior to other than on the last day of the Interest Period therefor, the Borrower may, in its sole discretion, deposit the amount of any such prepayment otherwise required to be made thereunder into a Cash Collateral Account until the last day of such Interest Period, at which time the Administrative Agent shall be authorized (without any further action by or notice to or from the Borrower or any other Loan Party) to apply such amount to the prepayment of such Loans in accordance with this Section 2.06(b2.05(b). Upon the occurrence and during the continuance of any Event of Default, the Administrative Agent shall also be authorized (without any further action by or notice to or from the Borrower or any other Loan Party) to apply such amount to the prepayment of the outstanding Loans in accordance with this Section 2.06(b) and the Borrower shall be responsible for any amounts owing in respect of any Eurocurrency Rate Loan pursuant to Section 3.052.05(b).

Appears in 2 contracts

Samples: Credit Agreement (Sensata Technologies Holding PLC), Credit Agreement (Sensata Technologies Holding PLC)

Funding Losses, Etc. All prepayments under this Section 2.06 2.05 shall be made be(c) accompanied by all accrued interest thereon, together with, in the case of any such prepayment of a Eurocurrency Rate RateSOFR Loan on a date prior to the last day of an Interest Period therefor, any amounts owing in respect of such Eurocurrency Rate RateSOFR Loan pursuant to Section 3.05. Notwithstanding any of the other provisions of this Section 2.06(b)2.05, so long as no Event of Default shall have occurred and be continuing, if any prepayment of Eurocurrency Rate RateSOFR Loans is required to be made under this Section 2.06(b) (but excluding prepayments required under clause (vi) of Section 2.06(b))2.05, prior to the last day of the Interest Period therefor, in lieu of making any payment pursuant to this Section 2.06(b) 2.05 in respect of any such Eurocurrency Rate RateSOFR Loan prior to the last day of the Interest Period therefor, the Borrower may, in its their sole discretion, deposit the an amount of sufficient to make any such prepayment otherwise required to be made thereunder together with accrued interest to the last day of such Interest Period into a Cash Collateral Account until the last day of such Interest Period, at which time the Administrative Agent shall be authorized (without any further action by or notice to or from the Borrower or any other Loan Party) to apply such amount to the prepayment of such Loans in accordance with this Section 2.06(b)2.05. Upon the occurrence and during the continuance of any Event of Default, the Administrative Agent shall also be authorized (without any further action by or notice to or from the Borrower or any other Loan Party) to apply such amount to the prepayment of the outstanding Loans in accordance with the relevant provisions of this Section 2.06(b) and 2.05. Such deposit shall be deemed to be a prepayment of such Loans by the Borrower shall be responsible for any amounts owing in respect of any Eurocurrency Rate Loan pursuant to Section 3.05.all purposes under this Agreement. Termination or

Appears in 1 contract

Samples: Credit Agreement (Prestige Consumer Healthcare Inc.)

Funding Losses, Etc. All prepayments under this Section 2.06 2.05 shall be made together with, in the case of any such prepayment of a Eurocurrency Eurodollar Rate Loan on a date prior to other than the last day of an Interest Period therefor, any amounts owing in respect of such Eurocurrency Eurodollar Rate Loan pursuant to Section 3.05. Notwithstanding any of the other provisions of this Section 2.06(b2.05(b), so long as no Event of Default shall have occurred and be continuing, if any prepayment of Eurocurrency Eurodollar Rate Loans is required to be made under this Section 2.06(b) (but excluding prepayments required under clause (vi) of Section 2.06(b)2.05(b), prior to the last day of the Interest Period therefor, in lieu of making any payment pursuant to Section 2.06(b) in respect of any such Eurocurrency Rate Loan prior to other than on the last day of the Interest Period therefor, the Borrower may, in its sole discretion, deposit the amount of any such prepayment otherwise required to be made thereunder into a Cash Collateral Account until the last day of such Interest Period, at which time the Administrative Agent shall be authorized (without any further action by or notice to or from the Borrower or any other Loan Party) to apply such amount to the prepayment of such Loans in accordance with this Section 2.06(b2.05(b). Upon the occurrence and during the continuance of any Event of Default, the Administrative Agent shall also be authorized (without any further action by or notice to or from the Borrower or any other Loan Party) to apply such amount to the prepayment of the outstanding Loans in accordance with this Section 2.06(b2.05(b). (vii) Notwithstanding any other provisions of this Section 2.05, (i) to the extent that any of or all the Net Proceeds of any Disposition by a Foreign Subsidiary (“Foreign Disposition”) or the Net Proceeds of any Casualty Event from a Foreign Subsidiary (a “Foreign Casualty Event”) are prohibited or delayed by applicable local law from being repatriated to the United States, the portion of such Net Proceeds so affected will not be required to be applied to repay Term Loans at the times provided in this Section 2.05(b) but may be retained by the applicable Foreign Subsidiary so long, but only so long, as the applicable local law will not permit repatriation to the United States, and once such repatriation of any of such affected Net Proceeds is permitted under the applicable local law, such repatriation will be promptly effected and an amount equal to such repatriated Net Proceeds will be promptly applied (net of additional taxes payable or reserved against as a result thereof) to the repayment of the Term Loans pursuant to this Section 2.05(b) to the extent provided herein and (ii) to the extent that the Borrower shall be responsible for any amounts owing has determined in respect good faith that repatriation of any Eurocurrency Rate Loan pursuant of or all the Net Proceeds of any Foreign Disposition or any Foreign Casualty Event would have adverse tax consequences with respect to Section 3.05.such Net Proceeds, such Net Cash Proceeds so affected will not be required to be applied to repay Term Loans at the 89 1002217597 1001820109v3

Appears in 1 contract

Samples: Credit Agreement (Activision Blizzard, Inc.)

Funding Losses, Etc. All prepayments under this Section 2.06 2.05 shall be made together with, in the case of any such prepayment of a Eurocurrency Rate RFR Loan or Term SOFR Loan (solely limited to the Initial B-3 Dollar Term Loans) on a date prior to other than the last day of an Interest Period therefor, any amounts owing in respect of such Eurocurrency Rate RFR Loan or Term SOFR Loan (solely limited to the Initial B-3 Dollar Term Loans) pursuant to Section 3.05. Notwithstanding any of the other provisions of Section 2.06(b2.05(b), so long as no Event of Default shall have occurred and be continuing, if any prepayment of Eurocurrency Rate RFR Loans or Term SOFR Loans (solely limited to the Initial B-3 Dollar Term Loans) is required to be made under this Section 2.06(b) (but excluding prepayments required under clause (vi) of Section 2.06(b)2.05(b), prior to the last day of the Interest Period therefor, in lieu of making any payment pursuant to Section 2.06(b) in respect of any such Eurocurrency Rate Loan prior to the last day of the Interest Period therefor, the Borrower may, in its sole discretion, deposit the amount of any such prepayment otherwise required to be made thereunder into a Cash Collateral Account until the last day of such Interest Period, at which time the Administrative Agent shall be authorized (without any further action by or notice to or from the Borrower or any other Loan Party) to apply such amount to the prepayment of such Loans in accordance with this Section 2.06(b2.05(b). Upon the occurrence and during the continuance of any Event of Default, the Administrative Agent shall also be authorized (without any further action by or notice to or from the Borrower or any other Loan Party) to apply such amount to the prepayment of the outstanding Loans in accordance with this Section 2.06(b) and the Borrower shall be responsible for any amounts owing in respect of any Eurocurrency Rate Loan pursuant to Section 3.052.05(b).

Appears in 1 contract

Samples: Credit Agreement (Gates Industrial Corp PLC)

Funding Losses, Etc. All prepayments under this Section 2.06 2.05 shall be made accompanied by all accrued interest thereon, together with, in the case of any such prepayment of a Eurocurrency Rate Loan on a date prior to the last day of an Interest Period therefor, any amounts owing in respect of such Eurocurrency Rate Loan pursuant to Section 3.05. Notwithstanding any of the other provisions of this Section 2.06(b)2.05, so long as no Event of Default shall have occurred and be continuing, if any prepayment of Eurocurrency Rate Loans is required to be made under this Section 2.06(b) (but excluding prepayments required under clause (vi) of Section 2.06(b)2.05(b), prior to the last day of the Interest Period therefor, in lieu of making any payment pursuant to Section 2.06(b) in respect of any such Eurocurrency Rate Loan prior to the last day of the Interest Period therefor, the Borrower may, in its sole discretion, deposit the an amount of sufficient to make any such prepayment otherwise required to be made thereunder together with accrued interest to the last day of such Interest Period into a Cash Collateral Account until the last day of such Interest Period, at which time the Administrative Agent shall be authorized (without any further action by or notice to or from the Borrower or any other Loan Party) to apply such amount to the prepayment of such Loans in accordance with the relevant provisions of this Section 2.06(b)2.05. Such deposit shall be deemed to be a prepayment of such Loans by the Borrower for all purposes under this Agreement. Upon the occurrence and during the continuance of any Event of Default, the Administrative Agent shall also be authorized (without any further action by or notice to or from the Borrower or any other Loan Party) to apply such amount to the prepayment of the outstanding Loans in accordance with this Section 2.06(b) and the Borrower shall be responsible for any amounts owing in respect of any Eurocurrency Rate Loan pursuant to Section 3.052.05(b).

Appears in 1 contract

Samples: Credit Agreement (Vivint Smart Home, Inc.)

Funding Losses, Etc. All prepayments under this Section 2.06 2.05 shall be made together with, in the case of any such prepayment of a Eurocurrency Rate Loan on a date prior to the last day of an Interest Period therefor, any amounts owing in respect of such Eurocurrency Rate Loan pursuant to Section 3.05. Notwithstanding any of the other provisions of Section 2.06(b2.05(b), so long as no Event of Default shall have occurred and be continuing, if any prepayment of Eurocurrency Rate Loans is required to be made under Section 2.06(b2.05(b) (but excluding prepayments required under clause (viiv) and (v) of Section 2.06(b2.05(b)), prior to the last day of the Interest Period therefor, in lieu of making any payment pursuant to Section 2.06(b2.05(b) in respect of any such Eurocurrency Rate Loan prior to the last day of the Interest Period therefor, the Borrower Borrowers may, in its their sole discretion, deposit the amount of any such prepayment otherwise required to be made thereunder into a Cash Collateral Account until the last day of such Interest Period, at which time the Administrative Agent shall be authorized (without any further action by or notice to or from the any Borrower or any other Loan Party) to apply such amount to the prepayment of such Loans in accordance with Section 2.06(b2.05(b). Upon the occurrence and during the continuance of any Event of Default, the Administrative Agent shall also be authorized (without any further action by or notice to or from the any Borrower or any other Loan Party) to apply such amount to the prepayment of the outstanding Loans in accordance with Section 2.06(b2.05(b) and the Borrower Borrowers shall be responsible for any amounts owing in respect of any Eurocurrency Rate Loan pursuant to Section 3.05.

Appears in 1 contract

Samples: Security Agreement (Bloomin' Brands, Inc.)

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Funding Losses, Etc. All prepayments under this Section 2.06 2.05 shall be made together with, in the case of any such prepayment of a Eurocurrency Rate Loan denominated in a LIBO Currency on a date prior to other than the last day of an Interest Period therefor, any amounts owing in respect of such Eurocurrency Rate Loan pursuant to Section 3.05. Notwithstanding any of the other provisions of Section 2.06(b2.05(b), so long as no Event of Default shall have occurred and be continuing, if any prepayment of Eurocurrency Rate Loans denominated in a LIBO Currency is required to be made under this Section 2.06(b) (but excluding prepayments required under clause (vi) of Section 2.06(b)2.05(b), prior to the last day of the Interest Period therefor, in lieu of making any payment pursuant to Section 2.06(b) in respect of any such Eurocurrency Rate Loan prior to the last day of the Interest Period therefor, the Borrower may, in its sole discretion, deposit the amount of any such prepayment otherwise required to be made thereunder into a Cash Collateral Account until the last day of such Interest Period, at which time the Administrative Agent shall be authorized (without any further action by or notice to or from the Borrower or any other Loan Party) to apply such amount to the prepayment of such Loans in accordance with this Section 2.06(b2.05(b). Upon the occurrence and during the continuance of any Event of Default, the Administrative Agent shall also be authorized (without any further action by or notice to or from the Borrower or any other Loan Party) to apply such amount to the prepayment of the outstanding Loans in accordance with this Section 2.06(b2.05(b). (ix) Term Opt-out of Prepayment. With respect to each prepayment of Term Loans required pursuant to Section 2.05(b), (A) each Lender of Term Loans will have the right to refuse such offer of prepayment by giving written notice of such refusal to the Administrative Agent within one (1) Business Day after such Lender’s receipt of notice from the Administrative Agent of such offer of prepayment (and the Borrower shall be responsible for any amounts owing in respect of any Eurocurrency Rate Loan pursuant to Section 3.05.not prepay 102 #94982393v10

Appears in 1 contract

Samples: Credit Agreement (Hilton Worldwide Holdings Inc.)

Funding Losses, Etc. All prepayments under this Section 2.06 2.05 shall be made together with, in the case of any such prepayment of a Eurocurrency Rate LoanRFR Loan or Term SOFR Loan (solely limited to the Initial B-3 Dollar Term Loans) on a date prior to other than the last day of an Interest Period therefor, any amounts owing in respect of such Eurocurrency Rate LoanRFR Loan or Term SOFR Loan (solely limited to the Initial B-3 Dollar Term Loans) pursuant to Section 3.05. Notwithstanding any of the other provisions of Section 2.06(b2.05(b), so long as no Event of Default shall have occurred and be continuing, if any prepayment of Eurocurrency Rate LoansRFR Loans or Term SOFR Loans (solely limited to the Initial B-3 Dollar Term Loans) is required to be made under this Section 2.06(b) (but excluding prepayments required under clause (vi) of Section 2.06(b)2.05(b), prior to the last day of the Interest Period therefor, in lieu of making any payment pursuant to Section 2.06(b) in respect of any such Eurocurrency Rate Loan prior to the last day of the Interest Period therefor, the Borrower may, in its sole discretion, deposit the amount of any such prepayment otherwise required to be made thereunder into a Cash Collateral Account until the last day of such Interest Period, at which time the Administrative Agent shall be authorized (without any further action by or notice to or from the Borrower or any other Loan Party) to apply such amount to the prepayment of such Loans in accordance with this Section 2.06(b2.05(b). Upon the occurrence and during the continuance of any Event of Default, the Administrative Agent shall also be authorized (without any further action by or notice to or from the Borrower or any other Loan Party) to apply such amount to the prepayment of the outstanding Loans in accordance with this Section 2.06(b2.05(b). (ix) and Term Opt-out of Prepayment. With respect to each prepayment of Term Loans required pursuant to Section 2.05(b)(i) or (ii), (A) each Lender of Term Loans will have the right to refuse such offer of prepayment by giving written notice of such refusal to the Administrative Agent -109- within one (1) Business Day after such Xxxxxx’s receipt of notice from the Administrative Agent of such offer of prepayment (“Declined Proceeds”) (in which case the Borrower shall not prepay any Term Loans of such Lender on the date that is specified in clause (B) below) , (B) the Borrower will make all such prepayments not so refused upon the fourth Business Day after delivery of notice by the Borrower pursuant to Section 2.05(b)(vii) and (C) any Declined Proceeds may be responsible for retained by the Borrower. (x) In connection with any amounts owing mandatory prepayments by the Borrower of the Term Loans pursuant to this Section 2.05(b), such prepayments shall be applied on a pro rata basis to the then outstanding Term Loans of the applicable Class or Classes being prepaid irrespective of whether such outstanding Term Loans are Base Rate Loans, Term SOFR Loans or Eurocurrency RateRFR Loans; provided that if no Lenders exercise the right to waive a given mandatory prepayment of the Term Loans pursuant to Section 2.05(b)(ix), then, with respect to such mandatory prepayment, the amount of such mandatory prepayment within any tranche of Term Loans shall be applied first to Term Loans of such tranche that are Base Rate Loans to the full extent thereof before application to Term Loans of such tranche that are Eurocurrency RateRFR Loans or Term SOFR Loans in respect a manner that minimizes the amount of any Eurocurrency Rate Loan payments required to be made by the Borrower pursuant to Section 3.05.. (xi)

Appears in 1 contract

Samples: Credit Agreement (Gates Industrial Corp PLC)

Funding Losses, Etc. All prepayments under this Section 2.06 2.05 shall be made together withwith all accrued interest thereon and, in the case of any such prepayment of a Eurocurrency Rate Loan on a date prior to other than the last day of an Interest Period therefor, any amounts owing in respect of such Eurocurrency Rate Loan pursuant to Section 3.05. Notwithstanding any of the other provisions of this Section 2.06(b2.05(b), so long as no Event of Default shall have occurred and be continuing, if any prepayment of Eurocurrency Rate Loans is required to be made under this Section 2.06(b2.05(b) (but excluding prepayments required under clause (vi) of Section 2.06(b)), prior to the last day of the Interest Period therefor, in lieu of making any payment pursuant to Section 2.06(b) in respect of any such Eurocurrency Rate Loan prior to the last day of the Interest Period therefor, the Borrower may, in its sole discretion, deposit the amount of any such prepayment otherwise required to be made thereunder into an account in the name of the Administrative Agent and under the sole dominion and control of the Administrative Agent, and otherwise established in a Cash Collateral Account manner reasonably satisfactory to the Administrative Agent and the Required Lenders, until the last day of such Interest Period, at which time the Administrative Agent shall be authorized (without any further action by or notice to or from the Borrower or any other Loan Party) to apply such amount to the prepayment of such Loans in accordance with this Section 2.06(b2.05(b). Upon the occurrence and during the continuance of any Event of Default, the Administrative Agent at the written direction of the Required Lenders shall also be authorized (without any further action by or notice to or from the Borrower or any other Loan Party) to apply such amount to the prepayment of the outstanding Loans in accordance with this Section 2.06(b) and the Borrower shall be responsible for any amounts owing in respect of any Eurocurrency Rate Loan pursuant to Section 3.052.05(b).

Appears in 1 contract

Samples: Credit Agreement (Velocity Financial, Inc.)

Funding Losses, Etc. All prepayments under this Section 2.06 shall be made together with, in the case of any such prepayment of a Eurocurrency Rate Loan on a date prior to the last day of an Interest Period therefor, any amounts owing in respect of such Eurocurrency Rate Loan pursuant to Section 3.05. Notwithstanding any of the other provisions of Section 2.06(b), so long as no Event of Default shall have occurred and be continuing, if any prepayment of Eurocurrency Rate Loans is required to be made under Section 2.06(b) (but excluding prepayments required under clause (vi) of Section 2.06(b)), prior to the last day of the Interest Period therefor, in lieu of making any payment pursuant to Section 2.06(b) in respect of any such Eurocurrency Rate Loan prior to the last day of the Interest Period therefor, the Borrower may, in its sole discretion, deposit the amount of any such prepayment otherwise required to be made thereunder into a Cash Collateral Account until the last day of such Interest NEWYORK 8648768 (2K) Period, at which time the Administrative Agent shall be authorized (without any further action by or notice to or from the Borrower or any other Loan Party) to apply such amount to the prepayment of such Loans in accordance with Section 2.06(b). Upon the occurrence and during the continuance of any Event of Default, the Administrative Agent shall also be authorized (without any further action by or notice to or from the Borrower or any other Loan Party) to apply such amount to the prepayment of the outstanding Loans in accordance with Section 2.06(b) and the Borrower shall be responsible for any amounts owing in respect of any Eurocurrency Rate Loan pursuant to Section 3.05.

Appears in 1 contract

Samples: Credit Agreement (Bloomin' Brands, Inc.)

Funding Losses, Etc. All prepayments under this Section 2.06 2.05 shall be made together with, in the case of any such prepayment of a Eurocurrency Rate Loan on a date prior to other than the last day of an Interest Period therefor, any amounts owing in respect of such Eurocurrency Rate Loan pursuant to Section 3.05. Notwithstanding any of the other provisions of Section 2.06(b2.05(b), so long as no Event of Default shall have occurred and be continuing, if any prepayment of Eurocurrency Rate Loans is required to be made under this Section 2.06(b) (but excluding prepayments required under clause (vi) of Section 2.06(b)2.05(b), prior to other than on the last day of the Interest Period therefor, in lieu of making any payment pursuant to this Section 2.06(b2.05(b) in respect of any such Eurocurrency Rate Loan prior to other than on the last day of the Interest Period therefor, the U.S. Borrower or P.R. Borrower, as applicable, may, in its sole discretion, deposit the amount of any such prepayment otherwise required to be made thereunder into a Cash Collateral Account until the last day of such Interest Period, at which time the Administrative Agent shall be authorized (without any further action by or notice to or from the any Borrower or any other Loan Party) to apply such amount to the prepayment of such Loans in accordance with this Section 2.06(b2.05(b). Upon the occurrence and during the continuance of any Event of Default, the Administrative Agent shall also be authorized (without any further action by or notice to or from the any Borrower or any other Loan Party) to apply such amount to the prepayment of the outstanding Loans in accordance with this Section 2.06(b) and the Borrower shall be responsible for any amounts owing in respect of any Eurocurrency Rate Loan pursuant to Section 3.052.05(b).

Appears in 1 contract

Samples: Credit Agreement (APP Pharmaceuticals, Inc.)

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