Prepayment indemnity Clause Samples
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Prepayment indemnity. If the Company repays or prepays all or part of any Drawing on a day which is not the Final Repayment Date then the Company must pay to the Financier an amount, as certified by the Financier in writing, to be necessary to indemnify the Financier against any liability or loss arising from, and any costs, charges and expenses incurred in connection with, that Drawing or the relevant part of it being repaid, including liability, loss, costs, charges, Taxes, Break Costs or expenses:
(a) on account of lost profits;
(b) on account of funds borrowed, contracted for or used to fund the Drawing or the relevant part of it, as the case may be; and Cash Advance Facility Agreement H▇▇▇▇ ▇▇▇▇▇ YORK (c) in connection with the variation, termination or closing out of any loans, swap agreements, fixed interest rate funding arrangements, hedge contracts, forward purchase contracts or any other contracts arranged or used by the Financier for the purpose of or in connection with funding, providing or maintaining the Drawing or the relevant part of it. This Clause 6.5 applies to any payment or repayment made under this document, including under clauses 6.2, 11.2 or 14.1 but not 6.3.
Prepayment indemnity. If the Borrower shall, subject always to Clause 5.3, make a voluntary prepayment on a Business Day other than the last day of an Interest Period in respect of the whole of the Loan, it shall, in addition to the amount prepaid, the fee payable pursuant to Clause 5.3 and accrued interest, pay to the Agent on behalf of the Banks any amount which the Agent may certify is necessary to compensate the Banks for any Break Costs incurred by the Agent or any of the Banks as a result of the making of the prepayment in question. The Agent will give a non-binding estimate of Break Costs within three days of receipt of any request from the Borrower for such an estimate but the Break Costs payable will be those actually incurred on the date of prepayment.
Prepayment indemnity. If the Borrower shall make a prepayment on a Business Day other than the last day of an Interest Period, it shall pay to the Agent on behalf of the Banks such amount which is necessary to compensate the Banks for any Break Costs incurred by the Agent or any of the Banks as a result of the prepayment in question.
Prepayment indemnity. (i) The Borrower may any time and from time to time, upon notice to the Administrative Agent and the Incremental Term A-3 Lead Arranger pursuant to delivery to the Administrative Agent and the Incremental Term A-3 Lead Arranger of a duly executed notice of loan prepayment substantially consistent (where applicable) with Exhibit L (Notice of Loan Prepayment) to the Credit Agreement, prepay the Incremental Term A-3 Loan made to it, in whole or in part, without penalty or premium; provided, that all such voluntary prepayments shall be subject to Section 4.10 of the Credit Agreement, provided, further, that such notice must be received by the Administrative Agent and the Incremental Term A-3 Lead Arranger three (3) Business Days prior to the date fixed for such prepayment. Each such notice shall specify the date and amount of prepayment and the interest to be paid on the prepayment date with respect to such principal amount being prepaid. Upon the receipt of any such notice the Incremental Term A-3 Lead Arranger shall promptly notify the Incremental Term A-3 Lender thereof. If any such notice is given, the amount specified in such notice shall be due and payable on the date specified therein, together with the amounts due pursuant to Section 4.10 of the Credit Agreement and accrued interest to such date on the amount prepaid. Notwithstanding the foregoing, the Borrower may rescind or postpone any notice of prepayment under this clause (h)(i) if such prepayment would have resulted from a refinancing of the Incremental Term A-3 Loan, which refinancing shall not have been consummated or shall have otherwise been delayed. Partial prepayments pursuant to this clause (h) shall be in a principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof.
(ii) In connection with any mandatory prepayment under subsection 4.2(b) of the Credit Agreement and in accordance with subsection 4.2(c) of the Credit Agreement, the Borrower shall ensure (whether through an additional optional prepayment or otherwise) that the Incremental Term A-3 Loan is prepaid on a ratable basis with the outstanding Term A-1 Loans and Term A-2 Loans pursuant to subsection 4.2(d) of the Credit Agreement; it being understood that the amount of the prepayment required by subsection 4.2(b) to be applied to the Incremental Term A-3 Loan shall be reduced by the portion of Net Cash Proceeds required to make corresponding mandatory prepayments of any Term A-1 Loans, any Term A-2 Loans, any p...
Prepayment indemnity. The definition of “Prepayment Indemnity” under article 1.2 (Definitions) shall be deleted in its entirety and replaced with the following:
Prepayment indemnity. In fixed interest credit facilities made available as a house finance, if and when the Credit Customer repays total amount of loans or one or more undue installments thereof at any time prior to the due dates thereof, then and in this case, the Credit Customer hereby agrees and undertakes to pay a Prepayment Indemnity equal to: • maximum 1% (one percent) of the prepaid amount calculated by the Bank by making the required reduction of interest, in the case of loans the remaining maturity of which does not exceed 36 (thirty-six) months, or • maximum 2% (two percent) of the prepaid amount calculated by the Bank by making the required reduction of interest, in the case of loans the remaining maturity of which exceeds 36 (thirty-six) months.
Prepayment indemnity. If the Borrower shall, subject always to Clause 5.2, make a prepayment on a Business Day other than the last day of an Interest Period in respect of the whole of the Loan, they shall, in addition to the amount prepaid and accrued interest, pay to the Agent on behalf of the Banks any amount which the Agent may certify is necessary to compensate the Banks for any Break Costs incurred by the Agent or any of the Banks as a result of the making of the prepayment in question.
Prepayment indemnity. In the case of an Indemnifiable Prepayment Event, the indemnity, if any, shall be determined in accordance with Article 4.02B(1)
Prepayment indemnity. In fixed interest credit facilities made available as a house finance, if and when the Credit Customer repays total amount of loans or one or more undue installments thereof at any time prior to the due dates thereof, then and in this case, the Credit Customer hereby agrees and undertakes to pay a Prepayment Indemnity equal to: • maximum 1% (one percent) of the prepaid amount calculated by the Bank by making the required reduction of interest, in the case of loans the remaining maturity of which does not exceed 36 (thirty-six) months, or • maximum 2% (two percent) of the prepaid amount calculated by the Bank by making the required reduction of interest, in the case of loans the remaining maturity of which exceeds 36 (thirty-six) months. In house finance credits, the Prepayment Indemnity cannot exceed total amount of discount to be made to the Credit Customer. The Bank will have the right to freely determine and change the prepayment indemnity within the limits stipulated by the applicable laws.
Prepayment indemnity. On account of any losses suffered by the Lender as a result of the prepayment of the whole or any part of the Facility in accordance with Clauses 8.1 (Voluntary prepayment) or 8.2 (Mandatory prepayment), the Borrower shall pay to the Lender an indemnity equal to the aggregate amount of: - the Prepayment Compensatory Indemnity; and - any costs arising out of the break of any interest hedging swap transactions put in place by the Lender in connection with the amount prepaid.