Mandatory and Voluntary Prepayments. (a) To the extent permitted by Section 7.11(f) of the Revolving Credit Agreement, the Borrower shall make a prepayment of the Term Loans, to the extent the same are then outstanding, in an amount equal to twenty-five percent (25%) of Excess Cash Flow for each fiscal year of the Credit Parties (commencing with the fiscal year ending June 30, 2008). For purposes hereof, Excess Cash Flow will be computed by the Borrower and be subject to the review and reasonable approval of the Required Lenders, based on the Credit Parties’ Annual Audited Financial Statements for the applicable fiscal year. The Borrower shall submit such computation in reasonable detail to the Agent, along with the amount of such resulting prepayment of the Terms Loans required by this subparagraph (a) based on such calculations by the Borrower, at the same time the applicable Annual Audited Financial Statements of the Credit Parties are delivered to and received by the Agent in accordance with the terms of Section 6.3 hereof. Upon receipt of such payment, the Agent shall immediately apply such payment against the Term Loans in accordance with the terms hereof, reserving any right to require payment of any deficiency in such amount. Within ten (10) Business Days after receipt by the Agent of such calculations of and payment by the Borrower, the Agent, at the request of the Required Lenders, shall notify the Borrower in writing of any error by the Borrower in the computation of the amount of the prepayment of the Term Loans required by this subparagraph (a), and in the event of any such error, the Borrower shall pay to the Agent any deficiency in the amount of the requisite prepayment of the Term Loans within five (5) Business Days after receipt of such notification from the Agent. Any prepayments required by this subparagraph (a) shall be applied to outstanding Term Loans (together with any Consequential Loss resulting from such prepayment); provided, however, that the Borrower shall not be required to make any prepayment of any LIBOR Borrowings pursuant to this subparagraph (a) until the last day of the Interest Period with respect thereto so long as such prepayment is deposited by the Borrower in a cash collateral account with the Agent to be held in such account on terms satisfactory to the Agent, with all amounts in such cash collateral account (including any interest earned thereon, if any) to be automatically applied by the Agent against the applicable Term LIBOR Borrowings on the last...
Mandatory and Voluntary Prepayments. (a) If the Revolving Credit Exposure applicable to a Lender at any time exceeds such Lender’s Revolving Credit Commitment, the Agent shall notify the Borrower of such excess amount (such notice being permitted to be given orally and need not be in writing) and the Borrower shall immediately make a prepayment on such Lender’s Revolving Credit Note or otherwise reimburse such Lender for Letter of Credit Advances or cause one or more Swingline Loans to be prepaid or one or more Letters of Credit to be canceled and surrendered in an amount sufficient to reduce such Lender’s Revolving Credit Exposure to an amount no greater than such Lender’s Revolving Credit Commitment. Any prepayments required by this subparagraph (a) shall be applied to outstanding Alternate Base Rate Borrowings up to the full amount thereof before such prepayments are applied to outstanding LIBOR Borrowings (together with any Consequential Loss resulting from such prepayment).
Mandatory and Voluntary Prepayments. (a) If the US Revolving Credit Exposure applicable to a US Lender at any time exceeds such Lender’s US Revolving Credit Commitment, the Administrative Agent shall notify the US Borrower of such excess amount (such notice being permitted to be given orally and need not be in writing) and the US Borrower shall immediately make a prepayment on such Lender’s US Revolving Credit Note or otherwise reimburse such Lender for US Letter of Credit Advances or cause one or more Swingline Loans to be prepaid or one or more US Letters of Credit to be canceled and surrendered in an amount sufficient to reduce such Lender’s US Revolving Credit Exposure to an amount no greater than such Lender’s US Revolving Credit Commitment. If the Canadian Revolving Credit Exposure applicable to a Canadian Lender at any time exceeds such Lender’s Canadian Revolving Credit Commitment, the Administrative Agent shall notify the Canadian Borrower of such excess amount (such notice being permitted to be given orally and need not be in writing) and the Canadian Borrower shall immediately make a prepayment on such Lender’s Canadian Revolving Credit Note or otherwise reimburse such Canadian Lender for Canadian Letter of Credit Advances to be prepaid or one or more Canadian Letters of Credit to be canceled and surrendered in an amount sufficient to reduce such Lender’s Canadian Revolving Credit Exposure to an amount no greater than such Lender’s Canadian Revolving Credit Commitment. Any prepayments of US Revolving Loans required by this subparagraph (a) shall be applied to outstanding Alternate Base Rate Borrowings up to the full amount thereof before such prepayments are applied to outstanding LIBOR Borrowings (together with any Consequential Loss resulting from such prepayment). Any prepayments of Canadian Revolving Loans required by this subparagraph (a) shall be applied to outstanding Canadian Prime Rate Borrowings or US Base Rate (Canada) Borrowings, as applicable, up to the full amount thereof before such prepayments are applied to outstanding CDOR Rate Borrowings (together with any Consequential Loss resulting from such prepayment).
Mandatory and Voluntary Prepayments. (a) The Borrower may, upon not less than three Business Days' and not more than five Business Days' prior written notice to the Lenders (which notice shall be irrevocable), at any time and from time to time, prepay the Loans in whole or in part, provided, however, that (i) each partial prepayment pursuant to this Section 2.02(a) shall be in an aggregate principal amount of at least $500,000 and, if greater, in integral multiples of $500,000, and (ii) no such prepayment shall be made unless (x) there is no Senior Indebtedness outstanding under the Credit Agreement and all commitments under the Credit Agreement have been terminated or (y) the Credit Agreement expressly permits such payments or the Bank has, in writing, consented to such payment. In connection with any voluntary prepayment, the Borrower shall prepay the Loan at the prepayment price set forth below (plus all accrued interest): % of Principal Prepayment Date During the Period Being Paid From the Funding Date to 105% but not including the first anniversary of the Funding Date From the first anniversary of the Funding 104% Date to but not including the second anniversary of the Funding Date From the second anniversary of the Funding 103% Date to but not including the third anniversary of the Funding Date From the third anniversary of the Funding 102% Date to but not including the fourth anniversary of the Funding Date From the fourth anniversary of the Funding 101% Date and at any time thereafter ; provided that on or prior to January 29, 2002, the Borrower may, at its option, prepay up to 33% of the initial aggregate principal amount of the Loans at a prepayment price equal to 101% of the principal amount thereof, plus accrued and unpaid interest thereon, if any, to the date of prepayment solely with the net proceeds of a Qualified Public Equity Offering, with any additional prepayments of Loans with the net proceeds of such Qualified Public Equity Offering to be made at the relevant prepayment price as otherwise set forth in the table above.
Mandatory and Voluntary Prepayments. 25 2.6 Revolving Note; Payments.......................................................................26 2.7
Mandatory and Voluntary Prepayments. (a) The Borrower shall have the right, at its option and subject to the requirements of Section 2.4, to prepay the Term Loan as provided in this Section 2A.2. Any prepayment under this subsection shall applied to the prepayment of the aggregate unpaid principal amount of the Term Note. Prepayment under this subparagraph (a) shall be subject to the following additional conditions:
Mandatory and Voluntary Prepayments. (a) If the Current Sum applicable to a Lender at any time exceeds such Lender's Commitment, the Agent shall notify the Borrower of the deficiency (such notice being permitted to be given orally and need not be in writing) and 66 the Borrower shall immediately make a prepayment on such Lender's Note or otherwise reimburse such Lender for Letter of Credit Advances or cause one or more Letters of Credit to be cancelled and surrendered in an amount sufficient to reduce such Lender's Current Sum to an amount no greater than such Lender's Commitment. Any prepayments required by this subparagraph (a) shall be applied to outstanding Alternate Base Rate Borrowings up to the full amount thereof before such prepayments are applied to outstanding LIBOR Borrowings (together with any Consequential Loss resulting from such prepayment).
Mandatory and Voluntary Prepayments. The borrower may, upon at least 15 days prior notice to IFC, elect to prepay all or part of the IFC Loan, provided that, inter alia, all accrued interest, as well as a prepayment premium are paid concurrently. Partial voluntary prepayments are subject to minimum prepayment and minimum outstanding loan amounts. If it becomes unlawful, in any applicable jurisdiction, for IFC to perform any of its obligations under the IFC Loan Agreement or fund or maintain the IFC Loan, the borrower shall repay the IFC Loan in full on the last day of the interest period after the borrower has been notified by IFC of such illegality and any undisbursed portion of the IFC Loan shall be cancelled. Upon a change of control (which includes any of CPI, Aroundtown and Growthpoint ceasing to control the Issuer and the borrower ceasing to be a wholly owned subsidiary of the Issuer), of which the borrower shall promptly notify IFC, IFC shall be entitled to require the borrower to prepay, no later than 15 days after such change of control, the outstanding principal amount of the IFC Loan, together with payment of all other amounts then due and payable under the IFC Loan Agreement.
Mandatory and Voluntary Prepayments. The borrower may, upon at least 5 business days prior notice to Erste, elect to prepay all or part of the loan (but, if in part, in an amount that reduces the loan by a minimum of €10.0 million).The Issuer may further, upon at least 10 business days notice to Erste, elect to cancel all or part of the available facility (but, if in part, in an amount that reduces the available facility by a minimum of €1.0 million). If it becomes unlawful, in any applicable jurisdiction, for any lender to perform any of its obligations under the Erste Facility Agreement or fund or maintain the any loan, the borrower shall repay such lender’s participation in the loans in full on the last day of the interest period for such loan and, upon Erste notifying the Issuer, the available commitment of such lender shall be immediately cancelled. Upon a change of control (which includes CPI, Aroundtown and Growthpoint acting in concert, ceasing to control the Issuer and the borrower ceasing to be a wholly owned subsidiary of the Issuer), of which the borrower and the borrower shall promptly notify Erste, and Erste shall then upon at least 10 days’ notice, if requested by a lender, declare all outstanding loans, together with accrued interest and all other amounts due and payable and cancel such lender’s respective commitment and shall not be obliged to fund a utilisation (except for a rollover loan).
Mandatory and Voluntary Prepayments. (a) (i) In the event of an actual, constructive, agreed or compromised total loss of, or requisition of title to, or seizure or forfeiture of, one or more Vessels (a “Loss”), the Borrower may, at its option: (A) prepay the Loans in an amount equal to the agreed value of each Vessel subject to a Loss as set forth on Schedule 3.5, on the earlier of: (x) the one hundred twentieth (120th) day following the Loss of such Vessel(s); or (y) the date on which payment is received of the amount payable as a result of such Loss or (B) no later than thirty (30) days after such Loss shall have occurred, assign and pledge to the Bank additional collateral to secure the due payment of the Obligations by granting, or causing to be granted, to the Bank, with respect to an additional Lien free barge, tug or other vessel or vessels having an aggregate value (as determined by the Bank in its sole discretion) at least equal to the agreed value (as set forth on Schedule 3.5) of the Vessel or Vessels subject to such Loss: (x) a first preferred ship mortgage substantially in the form of the Ship Mortgages; (y) a first assignment covering the earnings and requisition compensation, if any, of each such barge, tug or other vessel, in substantially the form of the Earnings Assignment; and (z) a first assignment covering the insurances of each such barge, tug or other vessel in substantially the form of the Insurance Assignment, and in each case otherwise in form and substance satisfactory to the Bank in its sole discretion; provided, however, that the Borrower only shall be permitted to elect to deliver such additional collateral in lieu of the repayment otherwise required by the preceding clause (A) hereof if, upon the delivery thereof, the Borrower shall then be in compliance with the requirements of Section 6. 16 and no Event of Default shall have occurred and be continuing.
