Examples of Interim Repayment in a sentence
The Borrower shall on each Interim Repayment Date repay to the Company a sum equal to the amount by which the Borrower's Surplus Cash exceeds US$15,000,000 on the Cash Calculation Date immediately preceding such Interim Repayment Date.
For the avoidance of doubt, if the Borrower's Surplus Cash on any Cash Calculation Date does not exceed US$15,000,000, the Borrower shall not be required to make any payment to the Company on the Interim Repayment Date immediately following that Cash Calculation Date.
Notwithstanding anything to the contrary herein, the Holder shall be prohibited from exercising its right to convert any portion of the Interim Repayment Amount into shares of Common Stock on the applicable Interim Repayment Date to the extent, and only to the extent, that such conversion into shares of Common Stock would result in the Holder hereof exceeding the limitations contained in Section 3(i) above.
If the Holder does not receive the requisite amount of cash in connection with such repayment within three (3) Trading Days following the Interim Repayment Date, such amount shall bear interest hereunder at the Default Rate.
Any such Interim Repayment will be applied by Lender first to reduce any outstanding Prime Rate Tranche used for funding such Permitted Acquisition and then to reduce any outstanding LIBOR Tranches used for funding such Permitted Acquisition in the order of the maturities of their Interest Periods, and Borrower shall pay any amount that is due under Section 4.12 as a consequence of the reduction of such LIBOR Tranches.
Such Repayment Election Notice may be delivered at any time prior to the Interim Repayment Date, provided that the Interim Repayment Amount is not required to be paid until the tenth day after such Repayment Election Notice is delivered if it is delivered after December 21, 2008.
In the event that any Interim Repayment is not paid when due, the Agent may, with the prior written consent of each Lender (which such consent shall be in the sole discretion of each such Lender) extend any such payment date on terms satisfactory to such Lenders (in their sole discretion); provided that, any such extension shall not extend any such payment beyond the Legal Final Maturity Date.
On the Interim Repayment Date, (x) the Company shall pay to the Holder in cash the portion of the Interim Repayment Amount elected to be repaid in cash in the Repayment Election Notice and (y) the portion of the Interim Repayment Amount elected to be converted into stock in the Repayment Election Notice shall be automatically converted into Common Stock in accordance with the terms hereof.
The foregoing notwithstanding, the amount of each Revolving Advance that is used for funding of amounts payable by Borrower in connection with any particular Permitted Acquisition shall be repaid six months after the date of the first Revolving Advance used for such funding (an "Interim Repayment"), together with all unpaid accrued interest on such amount.
To the extent the Holder elects to make any such repayment by converting all or a portion of the Interim Repayment Amount into shares of Common Stock pursuant to this Section 4(a), the number of such shares to be issued upon such conversion as of the Interim Repayment Date shall be the number determined by dividing (x) the portion of the Interim Repayment Amount to be converted into Common Stock, by (y) the Interim Conversion Price as of the Interim Repayment Date.