Common use of Exceptions to Prepayment Prohibitions Clause in Contracts

Exceptions to Prepayment Prohibitions. Notwithstanding anything in paragraph 2.8(a) to the contrary, the following shall not be prepayments prohibited pursuant to paragraph 2.8(a) or require the payment of the Receivables Loan Prepayment Premium: (i) principal payments scheduled under the Receivables Loan Note including, without limitation, those payments required pursuant to paragraphs 2.7 and 3.2 unless due to an intentional misrepresentation or breach of warranty by Borrower or Guarantor concerning the Receivables Collateral qualifying as Eligible Instruments; and (ii) prepayments of the Receivables Loan resulting from prepayments of the Receivables Collateral by Purchasers which have not been solicited by Borrower in breach of the terms and conditions of paragraph 6.2(e).

Exceptions to Prepayment Prohibitions. Notwithstanding anything in paragraph 2.8(a) or 2.8(c) to the contrary, the following shall not be prepayments prohibited pursuant to paragraph 2.8(a) or require the payment of the Receivables Loan Prepayment Premium or the Inventory Loan Prepayment Premium: (i) principal payments scheduled under the Receivables Loan Note and the Inventory Loan Note, including, without limitation, those payments required pursuant to paragraphs 2.7 and 3.2 unless due to an intentional misrepresentation or breach of warranty by Borrower or Guarantor concerning the Receivables Collateral qualifying as Eligible Instruments; and (ii) prepayments of the Receivables Loan resulting from prepayments of the Receivables Collateral by Purchasers which have not been solicited by Borrower in breach of the terms and conditions of paragraph 6.2(e), (iii) prepayments of the Inventory Loan through the application of Interval Sales Payments, or (iv) prepayments required pursuant to paragraph 2.1(c).