Common use of Notice of Optional Prepayment Clause in Contracts

Notice of Optional Prepayment. In the event Company shall desire to prepay Notes pursuant to the terms of Paragraph 4B, Company shall give written notice of such prepayment by a reputable nationally recognized overnight courier service, prepaid and preaddressed, sent not less than 5 days and not more than 60 days prior to the prepayment date, to each Holder. Each notice shall state: (1) that such notice is being given by Company in accordance with Paragraph 4C of this Agreement and that such prepayment is being effected pursuant to Paragraph 4B, (2) the date fixed for prepayment, which shall be a Business Day, (3) the aggregate principal amount of Notes to be prepaid and the principal amount of Notes held by each Holder to be prepaid and the accrued and unpaid interest that will be paid in connection with such prepayment, (4) the Prepayment Premium payable with respect to each Note and (5) that Company’s obligation to prepay the Notes is irrevocable. Upon giving any such notice of prepayment, Company shall become irrevocably obligated to prepay the aggregate principal amount of the Notes specified in such notice. Notwithstanding the foregoing clauses of this Paragraph 4C, a notice of prepayment delivered by the Company to each Holder may state that such notice is conditional upon the effectiveness of other credit facilities or transactions, in which case such notice may be revoked by the Company (by notice to each Holder on or prior to the specified effective date) if such condition is not satisfied.

Notice of Optional Prepayment. In the event Company shall desire to prepay Notes pursuant to the terms of Paragraph 4B, The Company shall give to the holder of each Note of a Series to be prepaid pursuant to paragraph 4B irrevocable written notice of such prepayment by a reputable nationally recognized overnight courier service, prepaid and preaddressed, sent pursuant to paragraph 4B with respect to such Series not less than 5 days and not more than 60 days ten (10) Business Days prior to the prepayment date, to each Holder. Each notice shall state: specifying (1i) that such notice is being given by Company in accordance with Paragraph 4C of this Agreement and that such prepayment is being effected pursuant to Paragraph 4Bdate, (2) the date fixed for prepayment, which shall be a Business Day, (3ii) the aggregate principal amount of the Private Shelf Notes of such Series to be prepaid on such date, (iii) the principal amount of the Private Shelf Notes of such Series held by such holder to be prepaid on that date, and (iv) stating that such optional prepayment is to be made pursuant to paragraph 4B. Notice of optional prepayment having been given as aforesaid, the principal amount of the Private Shelf Notes specified in such notice, together with interest thereon to the prepayment date and together with the Yield Maintenance Amount, if any, with respect thereto, shall become due and payable on such prepayment date. The Company shall, on or before the day on which it gives written notice of any prepayment pursuant to paragraph 4B, give telephonic notice of the principal amount of the Private Shelf Notes to be prepaid and the principal amount of Notes held by each Holder to be prepaid and the accrued and unpaid interest that will be paid in connection with such prepayment, (4) the Prepayment Premium payable with respect prepayment date to each Note and (5) that Company’s obligation to prepay holder which shall have designated a recipient for such notices in the Notes is irrevocable. Upon giving any such notice Purchaser Schedule attached hereto or the applicable Confirmation of prepayment, Company shall become irrevocably obligated to prepay the aggregate principal amount of the Notes specified in such notice. Notwithstanding the foregoing clauses of this Paragraph 4C, a notice of prepayment delivered by the Company to each Holder may state that such notice is conditional upon the effectiveness of other credit facilities Acceptance or transactions, in which case such notice may be revoked by the Company (by notice to each Holder on or prior in writing to the specified effective date) if such condition is not satisfiedCompany.

Notice of Optional Prepayment. In the event Company shall desire to prepay Notes pursuant to the terms of Paragraph 4B, The Company shall give the holder of each Note written notice of such any optional prepayment by a reputable nationally recognized overnight courier service, prepaid and preaddressed, sent pursuant to paragraph 5B not less fewer than 5 days and not more than 60 days five Business Days prior to the prepayment date, to each Holder. Each notice shall state: specifying (1i) that such notice is being given by Company in accordance with Paragraph 4C of this Agreement and that such prepayment is being effected pursuant to Paragraph 4Bdate, (2ii) the date fixed for prepayment, which shall be a Business Day, (3) the aggregate principal amount of Notes to be prepaid and the principal amount of Notes held by each Holder to be prepaid and the accrued and unpaid interest that will be paid in connection with such prepayment, (4) the Prepayment Premium payable with respect to each Note and (5) that Company’s obligation to prepay the Notes is irrevocable. Upon giving any such notice of prepayment, Company shall become irrevocably obligated to prepay the aggregate principal amount of the Notes specified to be prepaid on such date (solely in such notice. Notwithstanding the foregoing clauses case of this Paragraph 4Can optional prepayment under paragraph 5B), a notice (iii) the principal amount of prepayment delivered by the Company Notes of each holder thereof to each Holder may state be prepaid on that date, (iv) that such notice optional prepayment is conditional upon to be made pursuant to paragraph 5B and (v) a calculation of the effectiveness estimated Applicable Premium, if any, due in connection with any prepayment pursuant to paragraph 5B setting forth the details of other credit facilities or transactionssuch computation. Notice of optional prepayment having been given as aforesaid, in which case the prepayment price with respect to the principal amount of the Notes to be prepaid, together with accrued and unpaid interest thereon to, but not including, the prepayment date, and any Applicable Premium shall become due and payable on such notice may be prepayment date, unless revoked by the Company (by notice in writing. Five Business Days prior to any prepayment pursuant to paragraph 5B, the Company shall deliver to each Holder on or prior to holder of Notes a certificate of a Responsible Officer specifying the calculation of such Applicable Premium, if any, as of the specified effective prepayment date) if such condition is not satisfied.”

Notice of Optional Prepayment. In the event Company shall desire to prepay Notes pursuant to the terms of Paragraph 4B, The Company shall give the holder of each Note irrevocable written notice of such any prepayment by a reputable nationally recognized overnight courier service, prepaid and preaddressed, sent pursuant to paragraph 6B(i) hereof not less than 5 days and not more than 60 days ten (10) Business Days prior to the prepayment date, to each Holder. Each notice shall state: (1) that such notice is being given by Company in accordance with Paragraph 4C of this Agreement and that specifying such prepayment is being effected pursuant to Paragraph 4B, (2) the date fixed for prepayment, which shall be a Business Day, (3) the aggregate principal amount of Notes to be prepaid and the principal amount of the Notes, and of the Notes held by each Holder such holder, to be prepaid on such date and stating that such prepayment is to be made pursuant to paragraph 6B(i) hereof. The notice of prepayment shall also set forth in reasonable detail the accrued and unpaid interest that will be paid Company's calculation of the estimated Yield-Maintenance Amount payable to each holder of Notes in connection with such prepayment. Notice of prepayment having been given as aforesaid, (4) the Prepayment Premium payable with respect to each Note and (5) that Company’s obligation to prepay the Notes is irrevocable. Upon giving any such notice of prepayment, Company shall become irrevocably obligated to prepay the aggregate principal amount of the Notes specified in such notice, together with interest thereon to the prepayment date and together with the Yield-Maintenance U.S. AGGREGATES, INC. Notwithstanding 6 AMENDED AND RESTATED NOTE AND WARRANT PURCHASE AGREEMENT Amount, if any, with respect thereto, shall become due and payable on such prepayment date. The Company shall, on or before the foregoing clauses of this Paragraph 4C, a day on which it gives written notice of any prepayment delivered by pursuant to paragraph 6B(i) hereto, give telephonic notice of the Company principal amount of the Notes to be prepaid and the prepayment date to each Significant Holder may state that which shall have designated a recipient of such notice is conditional upon notices in the effectiveness of other credit facilities Purchaser Schedule attached hereto or transactions, in which case such notice may be revoked by the Company (by notice to each Holder on or prior in writing to the specified effective date) if such condition is not satisfiedCompany.