Common use of Optional Prepayments and Conversions or Continuations of Loans Clause in Contracts

Optional Prepayments and Conversions or Continuations of Loans. Subject to Section 4.04, the Borrower shall have the right to prepay Loans, or to Convert Loans of one Type into Loans of another Type or Continue Loans of one Type as Loans of the same Type, at any time or from time to time; provided, that the Borrower shall give the Administrative Agent notice of each such prepayment, Conversion or Continuation as provided in Section 4.05(a) and, upon the date specified in any such notice of prepayment, the amount to be prepaid shall become due and payable. Any prepayment by the Borrower pursuant to this Section 3.03 shall be made simultaneously with, and is conditioned upon, (A) the prepayment under any Permitted Swap Agreement (if then in effect) to the extent the aggregate notional amount under all such Permitted Swap Agreements exceeds the aggregate amount of Loans outstanding after giving effect to the prepayment contemplated by this Section 3.03 and (B) the payment by the Borrower of any costs, expenses or other amounts incurred by any Lender and Permitted Swap Provider in connection with such prepayment. Any prepayment of Loans by the Borrower pursuant to this Section 3.03 shall be applied against the outstanding principal of, as the Borrower chooses, the Term Loans or the Working Capital Loans pro rata to the remaining scheduled principal installments with (a) the portion applied to the Term Loans being applied pro rata to the remaining principal installments of the Term Loans and (b) the portion applied to the Working Capital Loans being applied to the outstanding balance, but not reducing the Working Capital Aggregate Commitment.

Appears in 1 contract

Sources: Credit Agreement (GreenHunter Energy, Inc.)

Optional Prepayments and Conversions or Continuations of Loans. Subject to Section 4.04, the Borrower shall have the right to prepay Loans, or to Convert Loans of one Type into Loans of another Type or Continue Loans of one Type as Loans of the same Type, at any time or from time to time; provided, that the Borrower shall give the Administrative Agent notice of each such prepayment, Conversion or Continuation as provided in Section 4.05(a) and, upon the date specified in any such notice of prepayment, the amount to be prepaid shall become due and payable. Any prepayment by the Borrower pursuant to this Section 3.03 shall be made simultaneously with, and is conditioned upon, (A) the prepayment under any Permitted Swap Agreement (if then in effect) to the extent the aggregate notional amount under all such Permitted Swap Agreements exceeds the aggregate amount of Loans outstanding after giving effect to the prepayment contemplated by this Section 3.03 and (B) the payment by the Borrower of any costs, expenses or other amounts incurred by any Lender and Permitted Swap Provider in connection with such prepayment. Any prepayment of Loans by the Borrower pursuant to this Section 3.03 shall be applied against the outstanding principal of, as the Borrower choosescase may be, the Term Loans or and the Working Capital Loans pro rata to the remaining scheduled principal installments with (a) the portion applied to the Term Loans being applied pro rata to the remaining principal installments of the Term Loans and (b) the portion applied to the Working Capital Loans being applied to the outstanding balance, but not reducing the Working Capital Aggregate Commitment.

Appears in 1 contract

Sources: Credit Agreement (GreenHunter Energy, Inc.)