Prepayment and Cancellation Clause Samples

Prepayment and Cancellation. 29 10. Interest........................................................ 31 11. Terms........................................................... 33 12.

Prepayment and Cancellation. 9.1 Mandatory prepayment - illegality (a) A Lender must notify the Company promptly if it becomes aware that it is unlawful in any jurisdiction for that Lender to perform any of its obligations under a Finance Document or to fund or maintain its share in any Credit. (b) After notification under paragraph (a) above: (i) each Borrower must repay or prepay the share of that Lender in each Credit utilised by it on the date specified in paragraph (c) below; and (ii) the Commitment of that Lender will be immediately cancelled. (c) The date for repayment or prepayment of a Lender's share in a Credit will be: (i) the last day of the current Term of that Loan; or (ii) if earlier, the date specified by the Lender in the notification under paragraph (a) above and which must not be earlier than the last day of any applicable grace period allowed by law.

Prepayment and Cancellation. 9.1 Mandatory Prepayment - illegality (a) A Lender must notify the Company through the Facility Agent promptly if it becomes aware that it is unlawful in any jurisdiction for that Lender to perform any of its obligations under a Finance Document or to fund or maintain its share in any Loan. (b) After notification under paragraph (a) above: (i) each Borrower must prepay the share of that Lender in each Loan made to it on the date specified in paragraph (c) below; and (ii) the Commitments of that Lender will be immediately cancelled. (c) The date for prepayment of a Lender's share in a Loan will be: (i) no later than the fifth Business Day following receipt by the Company of notice from the Lender under paragraph (a) above; or (ii) if later, the latest date allowed by the relevant law. 9.2 Mandatory prepayment - capital market issues (a) Each Obligor must apply the net proceeds of any capital market issue of securities made by it or on its behalf after the date of this Agreement towards prepayment of the Loans. (b) Any prepayment under paragraph (a) will be made on the last day(s) of the then current Terms of the Loans. (c) The amount of the Total Commitments will be reduced by an amount equal to the prepayment. 9.3 Mandatory prepayment and cancellation in relation to a single borrower. If it becomes unlawful for a Borrower to perform its obligations under Clause 13.2 (Tax gross-up) or under an equivalent provision of any Finance Document (the "Relevant Obligations"): (a) the Company must notify the Facility Agent promptly upon becoming aware of that event; (b) the Facility Agent must promptly notify the Lenders; (c) the relevant Borrower must repay the Loans made to it, together with all accrued interest on those Loans and all other amounts payable by that Borrower under the Finance Documents on the earlier of: (i) the last day of the then current Term of each Loan made to that Borrower; and (ii) the last day of any applicable grace period permitted by law; and (d) for so long as it remains unlawful for that Borrower to perform the Relevant Obligations, the relevant Borrower will not be entitled to borrow any further Loans.

Prepayment and Cancellation. (a) The Borrowers may at any time prepay, in whole or in part, Borrowings outstanding under the Facilities and thereby reduce or cancel, as the case may be, corresponding Commitments by the amount of such prepayment upon giving the Canadian Agent and/or the U.S. Agent, as the case may be, at least 3 Business Days’ prior written notice, in the case of the Canadian Facilities, in minimum amounts of Cdn.$10,000,000 and multiples of Cdn. $1,000,000 thereafter (or the Equivalent Amount thereof in U.S.$) and in the case of the U.S. Facilities, in minimum amounts of U.S. $10,000,000 and multiples of U.S. $1,000,000 thereafter. Any such prepayment of Borrowings outstanding under the Facilities shall be applied against reductions of Commitments and related repayment instalments required to be made under Section 3.11 in inverse order of maturity For greater certainty repayments made under a Revolving Facility or a Swingline Facility pursuant to Section 2.2 do not constitute prepayments under this Section 6.1. (b) The Borrowers may, at any time, reduce or cancel any unused portion of the Commitments, provided that to the extent any such reduction shall cause any Borrowings outstanding to exceed the Commitments so reduced or cancelled such Borrowers shall prepay any such excess in accordance with paragraph (a) above. (c) Any prepayment and reduction or cancellation relating to Bankers’ Acceptances, or Libor Loans shall be made subject to the Borrowers’ obligations under Section 7.4. (d) Any such prepayment and reduction shall reduce the Commitments of the Lenders pro rata according to their respective Participations.

Prepayment and Cancellation. 19 9. INTEREST.................................................................22 10.

Prepayment and Cancellation. All prepayments of Project Facility Advances and cancellation of Available Commitments shall be made in accordance with Clause 8 (Repayments, Prepayments and Cancellation) of the Common Terms Agreement.

Prepayment and Cancellation. 28 11. PAYMENTS...............................................................33 12. TAXES..................................................................36 13.

Prepayment and Cancellation. 32 8. INTEREST................................................................................................................................................................. 36 9.

Prepayment and Cancellation. 26 10. Interest.............................................................29 11. Payments.............................................................30 12. Taxes................................................................33 13.