Common use of Notices of Cancellation or Prepayment Clause in Contracts

Notices of Cancellation or Prepayment. Any notice of cancellation, prepayment, authorisation or other election given by any Party under Clause 7 (Illegality, voluntary prepayment and cancellation) shall (subject to the terms of that Clause) be irrevocable and, unless a contrary indication appears in this Agreement, shall specify the date or dates upon which the relevant cancellation or prepayment is to be made and the amount of that cancellation or prepayment, provided that in the case of any notice of voluntary prepayment under Clause 7.3 (Voluntary prepayment), (a) the Borrower shall be permitted to specify the conditions precedent to such prepayment in such notice of voluntary prepayment under Clause 7.3 (Voluntary prepayment), and (b) if the Borrower shall have specified such conditions and any such condition is not satisfied, the Borrower may by a notice of cancellation to the Facility Agent (on or prior to the date on which such prepayment is to be made) revoke such notice of voluntary prepayment, and the Borrower shall, within five Business Days of demand, pay any and all Break Costs and indemnify each of the Finance Parties against any cost, loss or liability (excluding any loss of Margin) incurred by such Finance Party as a consequence of such notice of voluntary prepayment being revoked or any condition in such notice of voluntary prepayment not being satisfied or such prepayment not occurring on the relevant date specified in such notice of voluntary prepayment.

Appears in 1 contract

Sources: Deed of Amendment Agreement (RISE Education Cayman LTD)

Notices of Cancellation or Prepayment. Any notice of cancellation, prepayment, authorisation or other election given by any Party under Clause 7 10 (Illegality, voluntary prepayment Voluntary Prepayment and cancellationCancellation) or paragraph (d) of Clause 11.4 (Application of mandatory prepayments) shall (subject to the terms of that Clausethose Clauses) be irrevocable and, unless a contrary indication appears in this Agreement, shall specify the date or dates upon which the relevant cancellation or prepayment is to be made and the amount of that cancellation or prepaymentprepayment provided that, provided that in the case other provisions of this Agreement notwithstanding, any notice of voluntary cancellation of a Commitment or prepayment under Clause 7.3 (Voluntary prepayment), (a) the Borrower of a Utilisation shall be permitted to specify revocable by written counter-notice by the conditions precedent to Obligor giving such prepayment in such counter-notice of voluntary prepayment under Clause 7.3 (Voluntary prepayment), and (b) if the Borrower shall have specified such conditions and any such condition is not satisfied, the Borrower may by a notice of cancellation to the Facility Agent (on or no later than one Business Day prior to the date on which such of the originally specified cancellation or prepayment is to be made) revoke such notice of voluntary prepayment, and but the Borrower shall, within five Business Days of demand, Company shall pay any and all Break Costs (excluding the Margin) and indemnify each of the Finance Parties against from any cost, loss or liability (excluding any loss of Margin) other losses and expenses incurred by such Finance Party as a consequence of such notice of voluntary cancellation or prepayment being revoked or any condition in such notice of voluntary prepayment not being satisfied or such prepayment not occurring on the relevant date specified in such notice of voluntary prepaymentrevoked.

Appears in 1 contract

Sources: Term and Revolving Facilities Agreement (ShangPharma Corp)

Notices of Cancellation or Prepayment. Any notice of cancellation, prepayment, authorisation or other election given by any Party under Clause 7 12 (Illegality, voluntary prepayment Voluntary Prepayment and cancellationCancellation) or Clause 13 (Mandatory Prepayment) shall (subject to the terms of that Clause) be irrevocable and, unless a contrary indication appears in this Agreement, any notice shall specify the date or dates upon which the relevant cancellation or prepayment is to be made and the amount of that cancellation or prepayment; provided that, provided that in the case other provisions of this Agreement notwithstanding, any notice of voluntary cancellation of a Commitment or prepayment under Clause 7.3 (Voluntary prepayment), (a) the Borrower of a Utilisation shall be permitted to specify revocable by written counter-notice by the conditions precedent to Obligor giving such prepayment in such counter-notice of voluntary prepayment under Clause 7.3 (Voluntary prepayment), and (b) if the Borrower shall have specified such conditions and any such condition is not satisfied, the Borrower may by a notice of cancellation to the Facility Agent (on or no later than one Business Day prior to the date on which such of the originally specified cancellations or prepayment is to be made) revoke such notice of voluntary prepayment, and but the Senior Borrower shall, within five Business Days of demand, shall pay any and all Break Costs (including for these purposes Margin and any Mandatory Costs) and indemnify each of the Finance Parties against from any cost, loss or liability (excluding any loss of Margin) other losses and expenses incurred by such Finance Party as a consequence of such notice of voluntary cancellation or prepayment being revoked or any condition in such notice of voluntary prepayment not being satisfied or such prepayment not occurring on the relevant date specified in such notice of voluntary prepaymentrevoked.

Appears in 1 contract

Sources: Senior Facilities Agreement (Central European Distribution Corp)