Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 shall 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. (b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penalty. (c) No Borrower may reborrow any part of Facility A which is prepaid. (d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement. (e) The Borrowers shall not repay or prepay all or any part of the Loans or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement. (f) Subject to Clause 2.3 (Increase), no amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated. (g) If the Agent receives a notice under this Clause 9 it shall promptly forward a copy of that notice to either the Company or the affected Lender, as appropriate. (h) If all or part of a Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent)), an amount of the Commitments (equal to the Base Currency Amount of the amount of the Loan which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facility.
Appears in 4 contracts
Sources: Facility Agreement (Marine Harvest ASA), Facility Agreement (Marine Harvest ASA), Facility Agreement (Marine Harvest ASA)
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 7 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penalty.
(c) No Borrower may reborrow any part of Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C any Loan which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(ed) The Borrowers shall not repay or prepay all or any part of the Loans or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(f) At the end of the Availability Period, the Total Commitments shall be reduced to zero.
(g) If the Agent receives a notice under this Clause 9 7 it shall promptly forward a copy of that notice to either the Company Parent or the affected Lender, as appropriate.
(h) If all or part of a Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent)), an amount of the Commitments (equal to the Base Currency Amount of the amount of the Loan which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facilityrateably.
Appears in 4 contracts
Sources: Credit Facility Agreement (Gold Fields LTD), Credit Facility Agreement (Sibanye Gold LTD), Credit Facility Agreement (Sibanye Gold LTD)
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause clause 9 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, if prepayment is made otherwise than on an Interest Payment Date, subject to any Break CostsCosts (and any swap break costs in relation to the Loans (or any part thereof) which are payable in accordance with the terms of the Hedging Contracts), without premium or penalty.
(c) No The Borrower may not reborrow any part of either Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers Borrower shall not repay or prepay all or any part of the Loans either Facility or cancel reduce all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled of any Facility reduced under this Agreement may be subsequently reinstated.
(gf) If the Facility Agent receives a notice under this Clause clause 9 it shall promptly forward a copy of that notice to either the Company Borrower or the affected Lender, as appropriateappropriate and provide a copy of such notice to K-sure.
(g) If the Total Commitments of any Facility or Tranche are partially reduced under this Agreement (other than under clause 9.1 (Illegality) and clause 9.3 (Right of cancellation and prepayment in relation to a single Lender) and clause 9.5 (Right of cancellation in relation to a Defaulting Lender)), the Commitments of the Lenders in respect of that Facility or Tranche shall be reduced rateably.
(h) If all or part of a Loan Any prepayment under a Facility is repaid or prepaid and is not available for redrawing this Agreement (other than by operation of Clause 4.2 under clause 9.1 (Further conditions precedent)Illegality), an amount clause 9.2 (Voluntary prepayment and cancellation), clause 9.3 (Right of cancellation and prepayment in relation to a single Lender) and clause 9.5 (Right of cancellation in relation to a Defaulting Lender), clause 9.10(a) and clause 9.10(c)) shall be applied pro rata against each Facility and pro rata among the Commitments Lenders in proportion to their participation in the Loans and the Letter of Credit.
(equal i) Subject to paragraph (j) below, any prepayment and/or cancellation under clause 9.2(a) (Voluntary prepayment and cancellation) shall be applied pro rata against the Base Currency Amount of Term Facilities in reducing the amount of Term Facilities Loans and pro rata among the Loan which is repaid or prepaidLenders in proportion to their participation in such Loans.
(j) Any prepayment and/or cancellation stated by the Borrower to be in respect of that Facility will the Mooring Tranche shall be deemed applied against Loans under the Mooring Tranche and pro rata among the Lenders in proportion to their participation in such Loans.
(k) Any prepayment under this Agreement shall be cancelled made together with payment to a Hedging Banks (pro rata) of any amount falling due to the Hedging Banks under the Hedging Contracts on the date of repayment that prepayment as a result of the termination or close out of the Hedging Contracts or any Hedging Transactions under them in accordance with clause 30.6 (Unwinding of Hedging Contracts) in relation to that prepayment. .
(l) Any cancellation prepayment under this paragraph (h) Agreement shall reduce be applied against the Commitments outstanding repayment instalments of the Lenders rateably Loans under that Facilitythe relevant Facility in inverse order of maturity.
Appears in 3 contracts
Sources: Facility Agreement, Facility Agreement (Hoegh LNG Partners LP), Facility Agreement (Hoegh LNG Partners LP)
Restrictions. (a) Any notice of cancellation or prepayment given by any Party the Borrower under this Clause 9 7 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penalty.
(c) No The Borrower may not reborrow any part of a Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers Borrower shall not repay or prepay all or any part of the Loans or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(gf) If the COFACE Agent receives a notice under this Clause 9 7 it shall promptly forward a copy of that notice to either the Company Borrower or the affected Lender, as appropriate.
(hg) If all or part The Borrower shall promptly notify the COFACE Agent (but in any event no later than three (3) Business Days) of a Loan under a Facility is repaid or prepaid any payment pursuant to this Clause 7, and is not available for redrawing the COFACE Agent shall promptly notify the Lenders (other but in any event no later than by operation of Clause 4.2 five (Further conditions precedent)), an amount 5) Business Days) of the Commitments (equal to the Base Currency Amount of the amount of the Loan which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facilitysame.
Appears in 3 contracts
Sources: Coface Facility Agreement (Globalstar, Inc.), Coface Facility Agreement (Globalstar, Inc.), Facility Agreement (Globalstar, Inc.)
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 7 shall 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.
(b) Any prepayment under this Agreement shall be made together with the accrued interest on the amount unpaid or prepaid and, subject to any Break CostsMake-Whole Amount, without premium or penalty.
(c) No The Borrower may not reborrow any part of the Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers Borrower shall not repay or prepay all or any part of the Loans Loan or cancel all or reduce any part of the Commitments Commitment except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 (Increase)If any Commitment is reduced in accordance with this Agreement, no the amount of the Total Commitments cancelled under this Agreement such reduction may not be subsequently reinstated.
(g) If the Agent receives a notice under this Clause 9 it shall promptly forward a copy of that notice to either the Company or the affected Lender, as appropriate.
(hf) If all or part of a the Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent))redrawing, an amount of the Commitments Commitment (equal to the Base Currency Amount of the amount of the Loan which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph .
(hg) shall reduce the Commitments In respect of any prepayment of the Lenders rateably Loan (in whole or in part) made by the Borrower under that FacilityClause 7.1 (Illegality) to Clause 7.8 (Right of prepayment and cancellation in relation to the Lender) before the Make-Whole End Date, the Borrower shall pay to the Lender the Make-Whole Amount in respect of such prepayment of such Loan.
Appears in 3 contracts
Sources: Facility Agreement, Facility Agreement (Pacific Alliance Group LTD), Facility Agreement (Sun Wise (UK) Co., LTD)
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, and without premium or penalty.
(c) No Borrower may reborrow any part of the Facility A which is prepaidprepaid (other than pursuant to Clause 9.5 (Voluntary prepayment)) or cancelled pursuant to Clause 9.3 (Voluntary Cancellation) or Clause 9.4 (Automatic Cancellation).
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers shall not repay or prepay all or any part of the Loans L/Gs or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 2.2 (Increase), no amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(gf) If the Agent receives a notice under this Clause 9 it shall promptly forward a copy of that notice to either the Company or the affected Lender, as appropriate.
(hg) If all or part of a Loan under a Facility an L/G is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent)), an amount of the Commitments (equal to the Base Currency Amount of the amount of the Loan L/G which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph .
(h) Any prepayment of an outstanding L/G shall reduce be made in the Commitments manner described in paragraph (b) of Clause 8 (Repayment) and shall be subject to the continued payment of the Lenders rateably under that FacilityL/G fees and administration fees as further specified in Clause 8 (Repayment).
Appears in 3 contracts
Sources: Syndicated Loan Agreement (Hillenbrand, Inc.), Syndicated Loan Agreement (Hillenbrand, Inc.), Syndicated L/G Facility Agreement (Hillenbrand, Inc.)
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 8 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penalty.
(c) No Borrower may reborrow any part of Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds)Agreement, any part of the Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(ed) The Borrowers Borrower shall not repay or prepay all or any part of the Loans or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 2.2 (Increase), no amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(gf) If the Agent receives a notice under this Clause 9 8 it shall promptly forward a copy of that notice to either the Company Borrower or the affected Lender, as appropriate.
(hg) If all or part of any Lender's participation in a Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent)), an amount of the Commitments that Lender's ▇▇▇▇▇tment (equal to the Base Currency Amount of the amount of the Loan participation which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facility.
Appears in 3 contracts
Sources: Single Currency Revolving Facility Agreement (StoneX Group Inc.), Usd 75,000,000 Single Currency Revolving Facility Agreement (StoneX Group Inc.), Revolving Facility Agreement (StoneX Group Inc.)
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 Section 3.6 shall 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.
(b) Any cancellation or prepayment under pursuant to this Agreement shall be made together with accrued interest on the amount prepaid and(in the case of a prepayment) and any outstanding fees or costs, including any Cancellation Fee or Prepayment Fee, and shall be subject to any Break Costs, without premium or penalty.
(c) No The Borrower may not reborrow any part of the Facility A which is prepaidprepaid pursuant to this Agreement. No amount of the Facilities cancelled under this Agreement may be subsequently reinstated.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers Borrower shall not repay or prepay all or any part of the Loans or cancel all or any part of the Commitments Available Facility, except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject Any prepayment under this Section 3.6 shall:
(i) first be allocated by FMO pro rata between the A Loan and the B Loan in proportion to Clause 2.3 their respective principal amounts outstanding; and
(Increase), no amount ii) then be applied by FMO to satisfy the respective outstanding installments of principal of the Total Commitments cancelled under this Agreement may be subsequently reinstatedA Loan and the B Loan in inverse chronological order.
(g) If the Agent receives a notice under this Clause 9 it shall promptly forward a copy of that notice to either the Company or the affected Lender, as appropriate.
(h) If all or part of a Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent)), an amount of the Commitments (equal to the Base Currency Amount of the amount of the Loan which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facility.
Appears in 3 contracts
Sources: Pre Export Finance Term Facility Agreement (Canuelas Mill S.A.C.I.F.I.A.), Pre Export Finance Term Facility Agreement (Canuelas Mill S.A.C.I.F.I.A.), Pre Export Finance Term Facility Agreement (Canuelas Mill S.A.C.I.F.I.A.)
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 8 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, and subject to any applicable Break Costs, without premium or penaltyin connection with that prepayment and any prepayment and cancellation fees payable under this Agreement.
(c) No Borrower may reborrow any part of the Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers shall not repay or prepay all or any part of the Loans Loan or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(gf) If the Agent receives a notice under this Clause 9 8 it shall promptly forward a copy of that notice to either the Company Borrower or the affected Lender, as appropriateLenders.
(hg) If all or part of any Lender’s participation in a Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent))prepaid, an amount of the Commitments that Lender’s Commitment (equal to the Base Currency Amount of the amount of the Loan participation which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph .
(h) Any prepayment of a Loan (other than a prepayment to a single Lender pursuant to Clause 8.1 (Illegality) or Clause 8.7 (Right of repayment and cancellation in relation to a single Lender) shall reduce the Commitments of the Lenders rateably under be applied pro rata to each Lender’s participation in that FacilityLoan.
Appears in 2 contracts
Sources: Facility Agreement (NorthStar Healthcare Income, Inc.), Facility Agreement (Northstar Realty Finance Corp.)
Restrictions. (aA) Any notice of cancellation or prepayment given by any Party under this Clause 9 7 (Prepayment and cancellation) shall 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.
(bB) Any prepayment under this Agreement in respect of amounts due under Clause 20.15 (Acceleration) shall be made together with accrued interest on the amount prepaid andbasis of the Outstanding Balance Owed or, subject where or Clause 20.16 (Acceleration upon an Insolvency Event) applies, pursuant to any Break Costs, without premium or penaltythat clause.
(c) No Borrower may reborrow any part of Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(eC) The Borrowers Borrower shall not repay or prepay all or any part of the Loans or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(fD) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(gE) If the Agent receives a notice under this Clause 9 7 (Prepayment and cancellation) it shall promptly forward a copy of that notice to either the Company Borrower or the affected Lender (and in the case of the Original Lender which is an affected Lender, the Arranger), as appropriate.
(hF) If all or part of any Lender’s participation in a Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent)), an amount of the Commitments that Lender’s Commitment (equal to the Base Currency Amount of the amount of the Loan participation which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facility.
Appears in 2 contracts
Sources: Term Facility Agreement (Rockley Photonics Holdings LTD), Support Letter (Rockley Photonics Holdings LTD)
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 7 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penalty.
(c) No The Borrower may not reborrow any part of the Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers Borrower shall not repay or prepay all or any part of the Loans or cancel all or any part of the Commitments Facility except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments Available Facility cancelled under this Agreement may be subsequently reinstated.
(gf) If the Agent receives a notice under this Clause 9 7 it shall promptly forward a copy of that notice to either the Company Borrower or the affected Lender, as appropriate.
(hg) If all or part of the Lender’s participation in a Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent))prepaid, an amount of the Commitments Available Facility (equal to the Base Currency Amount of the amount of the Loan participation which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facility.
Appears in 2 contracts
Sources: Facility Agreement (Polestar Automotive Holding UK PLC), Facility Agreement (Polestar Automotive Holding UK PLC)
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 7 (Prepayment and Cancellation) shall 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 and, if relevant, the part of the Loan to be prepaid or cancelled.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costsprepaid, without premium or penalty.
(c) No Borrower may reborrow any part of the Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers No Borrower shall not repay or prepay all or any part of the Loans Loan or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(gf) If the Facility Agent receives a notice under this Clause 9 7 (Prepayment and Cancellation) it shall promptly forward a copy of that notice to either the Company Borrowers or the affected LenderLenders, as appropriate.
(hg) If all or part of a any Lender’s participation in the Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent))prepaid, an amount of the Commitments that ▇▇▇▇▇▇’s Commitment (equal to the Base Currency Amount of the amount of the Loan participation which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facility.
Appears in 2 contracts
Sources: Facility Agreement (Navios Maritime Partners L.P.), Facility Agreement (Navios Maritime Partners L.P.)
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 7 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penalty.
(c) No Borrower The Company may not reborrow any part of Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds)Agreement, any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers Company shall not repay or prepay all or any part of the Loans or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(f) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(g) If the Agent receives a notice under this Clause 9 7 it shall promptly forward a copy of that notice to either the Company or the affected Lender, as appropriate.
(h) If all or part of a Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent)), an amount of the Commitments (equal to the Base Currency Amount of the amount of the Loan which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facility.
Appears in 2 contracts
Sources: Facility Agreement (Synnex Corp), Facility Agreement (Synnex Corp)
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 7 (Prepayment and Cancellation) shall 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 and, if relevant, the part of the Loan to be prepaid or cancelled.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, and without premium or penalty.
(c) No Borrower may reborrow any part of the Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers No Borrower shall not repay or prepay all or any part of the Loans Loan or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(gf) If the Facility Agent receives a notice under this Clause 9 7 (Prepayment and Cancellation) it shall promptly forward a copy of that notice to either the Company Borrowers or the affected LenderLenders, as appropriate.
(hg) If all or part of a any Lender’s participation in the Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent))prepaid, an amount of the Commitments that ▇▇▇▇▇▇’s Commitment (equal to the Base Currency Amount of the amount of the Loan participation which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facility.
Appears in 2 contracts
Sources: Term Loan Facility (Navios Maritime Partners L.P.), Facility Agreement (Navios Maritime Partners L.P.)
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 12 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penalty.
(c) No Borrower may reborrow any part of Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds)Agreement, any part of the Revolving Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(ed) The Borrowers shall not repay or prepay all or any part of the Loans or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 2.2 (Increase), no amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(gf) If the Agent receives a notice under this Clause 9 12, it shall promptly forward a copy of that notice to either the Company Parent or the affected Lender, as appropriate.
(hg) If all or part of any Lender’s participation in a Loan under a the Revolving Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent)), an amount of the Commitments that L▇▇▇▇▇’s Commitment (equal to the Base Currency Amount of the amount of the Loan participation which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facility.
Appears in 2 contracts
Sources: Revolving Credit Facility Agreement (Magnum Ice Cream Co B.V.), Revolving Credit Facility Agreement (Magnum Ice Cream Co B.V.)
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 4.2 shall 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.
(b) Any cancellation of Facility under this Agreement shall be made together with any indemnification of cost and loss incurred by the Lender for preparation of the Facility.
(c) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any interests, cost, expenses Break Costs, without premium or penalty.
(c) No Borrower may reborrow any part of Facility A which is prepaid.
(d) Unless a contrary indication appears Any prepayment under this Clause 4.2 will be applied in this Agreement or towards repaying the relevant remaining instalments (including, for excluding the avoidance of doubt, balloon instalment repayable on the Termination Date (the “Balloon Instalment”)) under Clause 9.7 6 (Application of Net Sale Proceeds and Insurance ProceedsRepayment) rateably, provided that if the relevant remaining instalments (excluding the Balloon Instalment) under Clause 6 (Repayment) are prepaid in full, then any further prepayment will be applied in or towards repaying the Balloon Instalment (or vice versa as the Lender may agree), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers Borrower may not reborrow any part of the Facility which is prepaid or repaid.
(f) The Borrower shall not repay or prepay all or any part of the Loans Loan or cancel all or any part of the Commitments any Commitment except at the times and in the manner expressly provided for in this Agreement.
(fg) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments Commitment cancelled under this Agreement may be subsequently reinstated.
(g) If the Agent receives a notice under this Clause 9 it shall promptly forward a copy of that notice to either the Company or the affected Lender, as appropriate.
(h) If all or part of a Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent)), an amount of the Commitments (equal to the Base Currency Amount of the amount of the Loan which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facility.
Appears in 2 contracts
Sources: Term Facility Agreement (Grindrod Shipping Holdings Ltd.), Term Facility Agreement (Grindrod Shipping Holdings Ltd.)
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 8 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penaltypenalty except that no Break Costs shall be payable on any prepayment pursuant to Clause 8.3 (Mandatory prepayment - Applicable Proceeds).
(c) No Borrower may reborrow any part of a Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers shall not repay or prepay all or any part of the Loans or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 2.2 (Increase), no amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(gf) If the Agent receives a notice under this Clause 9 8 it shall promptly forward a copy of that notice to either the Company Parent or the affected Lender, as appropriate.
(hg) If all or part of any Lender's participation in a Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent)), an amount of the Commitments that ▇▇▇▇▇▇'s Commitment (equal to the Base Currency Amount of the amount of the Loan participation which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facility.
Appears in 2 contracts
Sources: Bridge and Term Facilities Agreement (Magnum Ice Cream Co B.V.), Bridge and Term Facilities Agreement (Magnum Ice Cream Co B.V.)
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest fees on the amount prepaid and, subject to any Break Costs, and without premium or penalty.
(c) No Borrower may reborrow any part of the Facility A which is prepaidprepaid (other than pursuant to Clause 9.5 (Voluntary prepayment)) or cancelled pursuant to Clause 9.3 (Voluntary Cancellation) or Clause 9.4 (Automatic Cancellation).
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers shall not repay or prepay all or any part of the Loans L/Gs or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 2.2 (Increase), no amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(gf) If the Agent receives a notice under this Clause 9 it shall promptly forward a copy of that notice to either the Company or the affected Lender, as appropriate.
(hg) If all or part of a Loan under a Facility an L/G is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent)), an amount of the Commitments (equal to the Base Currency Amount of the amount of the Loan L/G which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph .
(h) Any prepayment of an outstanding L/G shall reduce be made in the Commitments manner described in paragraph (b) of Clause 8 (Repayment) and shall be subject to the continued payment of the Lenders rateably under that FacilityL/G fees and administration fees as further specified in Clause 8 (Repayment).
Appears in 2 contracts
Sources: Syndicated Loan Agreement (Hillenbrand, Inc.), Syndicated L/G Facility Agreement (Hillenbrand, Inc.)
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 7 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penalty.
(c) No Borrower may reborrow any part of Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds)Agreement, any part of the Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(ed) The Borrowers Borrower shall not repay or prepay all or any part of the Loans or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 2.2 (Increase), no amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(gf) If the Facility Agent receives a notice under this Clause 9 7 it shall promptly forward a copy of that notice to either the Company Borrower or the affected Lender, as appropriate.
(hg) If all or part of a Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent)), an amount of the Commitments (equal to the Base Currency Amount of the amount of the Loan which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (hg) shall reduce the Commitments of the Lenders rateably under that Facilityrateably.
Appears in 2 contracts
Sources: Facility Agreement (Randgold Resources LTD), Facility Agreement (Randgold Resources LTD)
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break CostsCosts (if any), without premium or penalty.
(c) No Borrower may reborrow any part of Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (includingand, for the avoidance of doubtin particular, under Clause 9.7 subject to paragraph (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceedsd) below), any part of Facility A, Facility B or Facility C which is prepaid or repaid may not be reborrowed re-borrowed in accordance with the terms of this Agreement.
(d) Prior to the Initial Facility A Termination Date only, the Borrowers may re-borrow those parts of Facility A that have been voluntarily prepaid pursuant to Clause 9.5 (Voluntary prepayment of Loans).
(e) The Borrowers No Borrower shall not repay or prepay all or any part of the Loans or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(f) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(g) If the Agent receives a notice under this Clause 9 it shall promptly forward a copy of that notice to either the Company relevant Borrower or the affected LenderLenders, as appropriate.
(h) If all or part of a Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent)), an amount of the Commitments (equal to the Base Currency Amount of the amount of the Loan which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facility.
Appears in 2 contracts
Sources: Acquisition Facilities Agreement (Cemex Sa De Cv), Acquisition Facilities Agreement (Cemex Sa De Cv)
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 7 (Prepayment and Cancellation) shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penalty. For the avoidance of doubt, Break Costs shall only apply in the event of a voluntary prepayment of a Loan pursuant to this Clause 7 that is not made on a Repayment Date.
(c) No The Borrower may reborrow not re-borrow any part of the Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers Borrower shall not repay or prepay all or any part of the Loans or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(gf) If the Agent receives a notice under this Clause 9 7 it shall promptly forward a copy of that notice to either the Company Borrower or the affected Lender, as appropriate.
(hg) If all or part of any Lender’s participation in a Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent))prepaid, an amount of the that ▇▇▇▇▇▇’s Commitments (equal to the Base Currency Amount of the amount of the Loan participation which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facility.
Appears in 2 contracts
Sources: Facility Agreement, Facility Agreement
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 8 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penalty.
(c) No The Borrower may reborrow any part of Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers shall not repay or prepay all or any part of the Loans Utilisations or cancel all or any part of the Commitments Stated Amounts except at the times and in the manner expressly provided for in this Agreement.
(fd) Subject to Clause 2.3 (Increase), no amount of the Total Commitments Stated Amount cancelled under this Agreement may be subsequently reinstated.
(ge) If the Agent receives a notice under this Clause 9 8 it shall promptly forward a copy of that notice to either the Company Guarantor or the affected LenderBank, as appropriate.
(hf) If all or part of a Loan Utilisation under a the Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent))redrawing, an amount of the Commitments Stated Amounts (equal to the Base Currency Amount of the amount of the Loan Utilisation which is repaid or prepaid) in respect of that the Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (hf) shall reduce the Commitments Stated Amounts of the Lenders Banks rateably under that the Facility.
Appears in 2 contracts
Sources: Facility Agreement (Platinum Underwriters Holdings LTD), Facility Agreement (Platinum Underwriters Holdings LTD)
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 8 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penalty.
(c) No Borrower may reborrow any part of Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds)Agreement, any part of the Facility B or Facility C which is repaid or prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(ed) The Borrowers shall not repay or prepay all or any part of the Loans or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(gf) If the Agent receives a notice under this Clause 9 8 it shall promptly forward a copy of that notice to either the Company or the affected Lender, as appropriate.
(hg) If all or part of a Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent)), an amount of the Commitments (equal to the Base Currency Amount of the amount of the Loan which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (hg) shall reduce the Commitments of the Lenders rateably rateably.
(h) Subject to paragraph (j) below, if it is unlawful for a Borrower to (or procure a Group Company to) make a prepayment under Clause 8.4 (Disposal Proceeds) and for such proceeds to be so applied, the Borrower shall (and shall procure that Facilityeach Group Company shall) use all reasonable endeavours to overcome the prohibition to enable the relevant prepayment to be made. If, subject always to the requirement for each Obligor using all reasonable endeavours to overcome the prohibition it continues to be unlawful to make a prepayment under Clause 8.4 (Disposal Proceeds), then such prepayment will not be required to be made until such time as the prohibition no longer applies, at which time the relevant Group Company will immediately apply such amount in prepayment of the relevant facilities in accordance with the other provisions of this Clause 8.
(i) The provisions of paragraph (h) above shall be subject always to the obligation to use other Group cash which is not subject to similar restrictions to prepay an equivalent amount where the use of such cash would not be materially prejudicial to the overall Group liquidity.
(j) Prior to the Disposal of any assets located in The Republic of South Africa where proceeds are required to be prepaid in accordance with Clause 8.4 (Disposal Proceeds), the Company shall be required to certify 10 Business Days prior to such disposal that the projected Disposal Proceeds arising therefrom can and shall be applied in accordance with Clause 8.4 (Disposal Proceeds) and deliver evidence to the Agent that such application shall not be unlawful. To the extent that such application of projected Disposal Proceeds is unlawful, the Company shall not be entitled to dispose of the assets referred to in this paragraph (j) without the prior written consent of the Majority Lenders. If consent of the Majority Lenders is forthcoming, the provisions of paragraphs (h) and (i) above shall apply. This paragraph (j) does not apply in the case of Disposal Proceeds applied pursuant to paragraph (c) of Clause 8.4 (Disposal Proceeds) above provided that such prepayment is in accordance with the terms of Clause 8.4 (Disposal Proceeds).
SECTION 5 COSTS OF UTILISATION
Appears in 2 contracts
Sources: Credit Agreement (Sappi LTD), Credit Agreement (Sappi LTD)
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 7 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs pursuant to Clause 10.1 (Break Costs, ) without premium or penalty.
(c) No The Borrower may not reborrow any part of the Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers Borrower shall not repay or prepay all or any part of the Loans Loan or cancel all or any part of reduce the Commitments except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 (Increase)If the Commitment is reduced in accordance with this Agreement, no the amount of the Total Commitments cancelled under this Agreement such reduction may not be subsequently reinstated.
(g) If the Agent receives a notice under this Clause 9 it shall promptly forward a copy of that notice to either the Company or the affected Lender, as appropriate.
(hf) If all or part of a the Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent)), an amount of the Commitments (equal to the Base Currency Amount of the amount of the Loan which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facility.
Appears in 2 contracts
Sources: Loan Facility Agreement, Loan Facility Agreement (Charm Communications Inc.)
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 7 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penalty.
(c) No Any prepayment under this Agreement shall be subject to Break Costs (if any). Each Lender claiming Break Costs shall, as soon as reasonably practicable after demand by the Agent, provide a certificate confirming the amount of its Break Costs for any Interest Period in which they accrue. The Agent agrees to provide a copy of such certificate to the Borrower on request by the Borrower.
(d) The Borrower may not reborrow any part of the Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers Borrower shall not repay or prepay all or any part of the Loans Loan or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(f) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(g) If the Agent receives a notice under this Clause 9 7 it shall promptly forward a copy of that notice to either the Company Borrower or the affected Lender, as appropriate.
(h) If all or part of a the Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent))prepaid, an amount of the Commitments (equal to the Base Currency Amount of the amount of the Loan which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facilityrateably.
Appears in 2 contracts
Sources: Facility Agreement (Ocean Rig UDW Inc.), Facility Agreement (DryShips Inc.)
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 7 (Prepayment and Cancellation) shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject and any amounts due by the Borrower pursuant to any Break Costs, without premium or penaltyClause 9 (Broken Funding Indemnity).
(c) No The Borrower may not reborrow any part of the Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers Borrower shall not repay or prepay all or any part of the Loans Loan or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(gf) If the Facility Agent receives a notice under this Clause 9 7 (Prepayment and Cancellation) it shall promptly forward a copy of that notice to either the Company or the each affected Lender, as appropriate.
(hg) If all or part of a the Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent))redrawing, an amount of the Commitments (equal to the Base Currency Amount of the amount of the Loan which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (hg) shall reduce the Commitments of the Lenders rateably under that Facilityrateably.
Appears in 2 contracts
Sources: Facility Agreement, Facility Agreement (McDermott International Inc)
Restrictions. (a) Any notice of cancellation or prepayment pre-payment given by any Party under this Clause 9 8 shall be irrevocable and, unless a contrary indication appears in this Agreement, shall specify the date or dates upon which the relevant cancellation or prepayment pre-payment is to be made and the amount of that cancellation or prepaymentpre-payment.
(b) Any prepayment pre-payment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break CostsFunding Costs (except in the case of a pre-payment under paragraphs (b) and (d) of Clause 8.3 and paragraph (b) of Clause 10.2 in respect of which the applicable Funding Costs shall be waived), without premium or penalty., except for all amounts due under Clause 11 (Fees) hereof
(c) No Borrower may reborrow any part of Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds)Agreement, any part of the Facility B or Facility C which is prepaid or repaid may be reborrowed re-borrowed in accordance with the terms of this Agreement.
(ed) The Borrowers Borrower shall not repay or prepay all or any part of the Loans or cancel all or any part of the Commitments Total Maximum Credit except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments Maximum Credit cancelled under this Agreement may be subsequently reinstated.
(gf) If So long as no Default or Event of Default has occurred and is then continuing, each voluntary pre-payment shall be applied to reduce any Asset Specific Loan Balance as designated by the Borrower to the Agent receives a notice under this Clause 9 it shall promptly forward a copy of that notice to either the Company or the affected Lender, as appropriatein writing.
(hg) If all Each voluntary pre-payment received during the continuation of any Default or part Event of a Loan under a Facility is repaid or prepaid Default hereunder shall be applied in such manner as the Security Trustee shall determine in its sole and is not available for redrawing (other than by operation of absolute discretion subject always to the provisions contained in Clause 4.2 (Further conditions precedent)), an amount 15 of the Commitments (equal to the Base Currency Amount of the amount of the Loan which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that FacilityDebenture.
Appears in 2 contracts
Sources: Multicurrency Revolving Facility Agreement (Anthracite Capital Inc), Facility Agreement (Anthracite Capital Inc)
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 11 shall 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.
(b) Any prepayment under this Agreement shall be made together with (i) accrued interest on the amount prepaid and, subject to any and (ii) Break Costs, without premium or penalty.
(c) No Other than in accordance with Clause 3.2 (Debt Pushdown), no Borrower may reborrow any part of a Term Facility A or a Revolving Capex Utilisation which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds)Agreement, any part of the Revolving Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers shall not repay or prepay all or any part of the Loans Utilisations or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(f) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(g) If the Facility Agent receives a notice under this Clause 9 11 it shall promptly forward a copy of that notice to either the Company or the affected LenderLenders, as appropriate.
(h) If all or part of a Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent)), an amount of the Commitments (equal to the Base Currency Amount of the amount of the Loan which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facility.
Appears in 2 contracts
Sources: Senior Facilities Agreement (Nordic Telephone CO ApS), Senior Facilities Agreement (Nordic Telephone CO ApS)
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 8 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penalty.
(c) No Borrower may reborrow any part of Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds)Agreement, any part of the Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(ed) The Borrowers shall not repay or prepay all or any part of the Loans or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(gf) If the Facility Agent receives a notice under this Clause 9 8 it shall promptly forward a copy of that notice to either the Company HWDC or the affected Lender, as appropriate.
(hg) If all or part of a Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent)), an amount of the Commitments (equal to the Base Currency Amount of the amount of the Loan which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (hg) shall reduce the Commitments of the Lenders rateably under that Facilityrateably.
Appears in 2 contracts
Sources: Loan Agreement (Harry Winston Diamond Corp), Facility Agreement (Harry Winston Diamond Corp)
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 7 (Prepayment and Cancellation) shall 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 and, if relevant, the part of the Loan to be prepaid or cancelled.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid andprepaid, subject any applicable fees payable pursuant to any Break Costs, Clause 10 (Fees) and without premium or penalty.
(c) No Borrower may reborrow re-borrow any part of the Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers No Borrower shall not repay or prepay all or any part of the Loans Loan or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(gf) If the Facility Agent receives a notice under this Clause 9 7 (Prepayment and Cancellation) it shall promptly forward a copy of that notice to either the Company Borrowers or the affected LenderLenders, as appropriate.
(hg) If all or part of a any Lender's participation in the Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent))prepaid, an amount of the Commitments that Lender's Commitment (equal to the Base Currency Amount of the amount of the Loan participation which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facility.
Appears in 2 contracts
Sources: Facility Agreement (United Maritime Corp), Term Loan Facility (Seanergy Maritime Holdings Corp.)
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 7 (Prepayment and Cancellation) shall 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.
(b) Any repayment or prepayment under this Agreement the Loan(s) prior to or on the Maturity Date shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, but otherwise without premium or penalty.
(c) No The Borrower may reborrow not re-borrow any part of the Facility A which is repaid or prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers Borrower shall not repay or prepay all or any part of the Loans or cancel all or any part of the Commitments except Loan(s) at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(g) If the Agent receives a notice under this Clause 9 it shall promptly forward a copy of that notice to either the Company or the affected Lender, as appropriate.
(hf) If all or part of any Lender’s participation in a Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent)), an amount of the Commitments that L▇▇▇▇▇’s Commitment (equal to the Base Currency Amount of the amount of the Loan participation which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facility.
Appears in 2 contracts
Sources: Amendment and Restatement Agreement (Atlas Investissement), Facility Agreement (Atlas Investissement)
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 7 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penalty.
(c) No Borrower may reborrow any part of Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds)Agreement, any part of the Facility B or Facility C which is repaid or prepaid or repaid may not be reborrowed in accordance with the terms of this Agreementreborrowed.
(ed) The Borrowers Company shall not repay or prepay all or any part of the Loans or cancel reduce all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 2.2 (Increase), no amount of the Total Commitments cancelled under any Commitment that is reduced in accordance with this Agreement may be subsequently reinstated.
(gf) If the Agent receives a notice under this Clause 9 7 it shall promptly forward a copy of that notice to either the Company or the affected Lender, as appropriate.
(hg) If all or part of a Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent))redrawing, an amount of the Commitments (equal to the Base Currency Amount of the amount of the Loan which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (g) (save in connection with any repayment or, as the case may be, prepayment under paragraph (c) of Clause 7.1 (Illegality) or paragraph (c), (g) or (h) of Clause 7.4 (Right of prepayment and cancellation in relation to a single Lender)) shall reduce the Commitments of the Lenders rateably under that Facilityrateably.
Appears in 2 contracts
Sources: Facility Agreement, Facility Agreement (Alibaba Group Holding LTD)
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 7 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penalty.
(c) No Borrower may reborrow any part of Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds)Agreement, any part of the Facility B or Facility C which is repaid or prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(ed) The Borrowers Company shall not repay or prepay all or any part of the Loans or cancel reduce all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 2.2 (Increase), no amount of the Total Commitments cancelled under any Commitment that is reduced in accordance with this Agreement may be subsequently reinstated.
(gf) If the Agent receives a notice under this Clause 9 7 it shall promptly forward a copy of that notice to either the Company or the affected Lender, as appropriate.
(hg) If all or part of a Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent)), an amount of the Commitments (equal to the Base Currency Amount of the amount of the Loan which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (g) (save in connection with any repayment or, as the case may be, prepayment under paragraph (c) of Clause 7.1 (Illegality) or paragraph (c), (g) or (h) of Clause 7.4 (Right of prepayment and cancellation in relation to a single Lender)) shall reduce the Commitments of the Lenders rateably under that Facilityrateably.
Appears in 2 contracts
Sources: Facility Agreement (Alibaba Group Holding LTD), Facility Agreement (Alibaba Group Holding LTD)
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 Section 3.6 shall 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.
(b) Any cancellation or prepayment under (whether by way of voluntary cancellation or prepayment, by operation of Section 3.6.1 (Illegality), Section 3.6.2 (Change of Control) or Section 7.2 (Acceleration) or otherwise) pursuant to this Agreement shall be made on an Interest Payment Date (unless another date is specified by FMO) together with accrued interest on the amount prepaid and(in the case of a prepayment) and any outstanding fees or costs including Cancellation Fee or Prepayment Fee, subject to and shall be accompanied by payment of any FMO Break Costs, without premium or penaltyif applicable (and, in respect of any Fixed Rate Utilizations, any Redeployment Costs calculated as set out in Section 3.3.8(h)).
(c) No The Borrower may not reborrow any part of the Facility A which is prepaidprepaid pursuant to this Agreement. No amount of the Facility cancelled under this Agreement may be subsequently reinstated.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers Borrower shall not repay or prepay all or any part of the Loans or cancel all or any part of the Commitments Available Facility, except at the times and in the manner expressly provided for in this Agreement.
(f) Subject to Clause 2.3 (Increase), no amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(g) If the Agent receives a notice under this Clause 9 it shall promptly forward a copy of that notice to either the Company or the affected Lender, as appropriate.
(h) If all or part of a Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent)), an amount of the Commitments (equal to the Base Currency Amount of the amount of the Loan which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facility.
Appears in 1 contract
Sources: Term Facility Agreement (Grupo Financiero Galicia Sa)
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 8 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penalty.
(c) No Borrower may reborrow any Any part of the Facility A which is prepaidprepaid may not be reborrowed.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers Borrower shall not repay or prepay all or any part of the Loans or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(gf) If the Agent receives a notice under this Clause 9 8 it shall promptly forward a copy of that notice to either the Company Borrower or the affected Lender, as appropriate.. Table of Contents 9. INDEMNIFICATION OF OFFER GUARANTOR
9.1 Notification of claim under Offer Guarantee
(ha) If all or part of a Loan under a Facility is repaid or prepaid promptly notify the Agent and is not available for redrawing the Borrower of:
(other than by operation of Clause 4.2 (Further conditions precedent)), an amount of the Commitments (equal to the Base Currency Amount of i) the amount of the Loan Offer Guarantee Claim; and
(ii) the latest date by which payment is repaid or prepaid) required to be made in respect of that Facility will be deemed the relevant Offer Guarantee Claim, (attaching to be cancelled such notification a copy of the relevant Offer Guarantee Claim) and the Agent shall promptly notify the Lenders; and
(b) make a demand on the date of repayment or prepayment. Any cancellation Borrower under this paragraph (h) shall reduce the Commitments of Instruction Letter Indemnity for the Lenders rateably full amount claimed under that Facilitythe Offer Guarantee Claim.
Appears in 1 contract
Sources: Syndicated Multicurrency Term Loan Facility Agreement (Sap France S.A.)
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 Agreement shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penalty.
(c) No Borrower may reborrow any part of Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds)Agreement, any part of a Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(ed) The Borrowers shall not repay or prepay all or any part of the Loans Utilisations or cancel all or any part of the Commitments Participations except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments Facilities cancelled under this Agreement may be subsequently reinstated.
(gf) If the Facility Agent receives a notice under this Clause 9 10 it shall promptly forward a copy of that notice to either the Company or the affected Lender, as appropriate.
(hg) If all or part of a Loan any Outstanding under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent))redrawing, an amount of the Commitments relevant Participation (equal to the Base Currency Amount of the amount of the Loan Outstanding which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (hg) shall reduce the Commitments relevant Participations of the Lenders rateably under that the relevant Facility.
Appears in 1 contract
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 7 shall 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.
(b) Any Subject to paragraph (e) of Clause 7.6 (Mandatory Prepayment – General), any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penalty.
(c) No Borrower may reborrow any part of the Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers shall not repay or prepay all or any part of the Loans or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(gf) If the Agent receives a notice under this Clause 9 7 it shall promptly forward a copy of that notice to either the Company Parent or the affected Lender, as appropriate.
(hg) If all or part of a Loan under a the Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent))prepaid, an amount of the Commitments (equal to the Base Currency Amount of the amount of the Loan which is repaid or prepaid) in respect of that the Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that the Facility.
Appears in 1 contract
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 7 (Prepayment and Cancellation) shall 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 made, the amount of that cancellation or prepaymentprepayment and, if relevant, the part of the Loan to be prepaid or cancelled.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and amounts (if any) payable under the Hedging Agreements in connection with that prepayment and, subject to any Break Costs, without premium or penalty.
(c) No Borrower may reborrow any part of the Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers No Borrower shall not repay or prepay all or any part of the Loans Loan or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.. 45 EUROPE/78937797v7
(fe) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(gf) If the Facility Agent receives a notice under this Clause 9 7 (Prepayment and Cancellation) it shall promptly forward a copy of that notice to either the Company Borrowers or the affected LenderLenders and/or Hedge Counterparties, as appropriate.
(hg) If all or part of a any Lender's participation in the Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent))prepaid, an amount of the Commitments that L▇▇▇▇▇'s Commitment (equal to the Base Currency Amount of the amount of the Loan participation which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facility.
Appears in 1 contract
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 7 (Prepayment and Cancellation) shall 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 made, the amount of that cancellation or prepaymentprepayment and, if relevant, the part of the Loan to be prepaid or cancelled.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penalty.
(c) No The Borrower may not reborrow any part of the Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers Borrower shall not repay or prepay all or any part of the Loans Loan or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstatedreinstated unless otherwise approved by all of the Lenders and the Facility Agent.
(gf) If the Facility Agent receives a notice under this Clause 9 7 (Prepayment and Cancellation) it shall promptly forward a copy of that notice to either the Company Borrower or the affected LenderLenders, as appropriate.
(hg) If all or part of a Loan under a Facility any Lender's participation in an Advance is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent))prepaid, an amount of the Commitments that ▇▇▇▇▇▇'s Commitment (equal to the Base Currency Amount of the amount of the Loan participation which is repaid or prepaid) in respect of that the relevant Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facility.
Appears in 1 contract
Sources: Facility Agreement (Taylor Maritime Investments LTD)
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 7 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penalty.
(c) No The Borrower may not reborrow any part of the Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers shall not repay or prepay all or any part of the Loans Loan or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(gf) If the Agent receives a notice under this Clause 9 7 it shall promptly forward a copy of that notice to either the Company Borrower or the affected Lender, as appropriate.
(hg) If Clause 7.4 (Mandatory Prepayment of Proceeds) shall not apply to the extent that it would be unlawful to do so, provided that the Borrower has (and it shall procure that the relevant member(s) of the Group have) used all or part of a Loan under a Facility reasonable endeavours to:
(i) avoid such unlawfulness and to pay such Net Proceeds into an account which is repaid or prepaid subject to security, in form and is not available for redrawing substance satisfactory to the Security Agent (other than by operation of Clause 4.2 (Further conditions precedent)acting reasonably), in favour of the Lenders to secure all of the obligations of the Obligors under the Finance Documents; and
(ii) facilitate cash movement within the Group (taking into account the need for cash resources of relevant members of the Group) to enable an amount of the Commitments (equal to the Base Currency Amount of the amount of the Loan which is repaid or prepaid) in respect of that Facility will be deemed prepayment to be cancelled on made, until the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facilityrelevant unlawfulness no longer applies.
Appears in 1 contract
Sources: Single Currency Term Facility Agreement (General Geophysics Co)
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 7 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penalty.
(c) No Borrower may reborrow any part of the Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers shall not repay or prepay all or any part of the Loans Utilisations or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 2.2 (Increase), no amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(gf) If the Agent receives a notice under this Clause 9 7 it shall promptly forward a copy of that notice to either the Company or the affected Lender, as appropriate.
(hg) If all or part of any Lender's participation in a Loan Utilisation under a the Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent)), an amount of the Commitments that ▇▇▇▇▇▇'s Commitment (equal to the Base Currency Amount of the amount of the Loan participation which is repaid or prepaid) in respect of that the Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facility.
Appears in 1 contract
Sources: Facility Agreement
Restrictions. (a) Any notice of cancellation authorisation or prepayment other election given or notified by any Party under this Clause 9 paragraph 3(d) or paragraph 4 shall (subject to the terms of those provisions) 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 prepaymentirrevocable.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penalty.
(c) No The Borrower may reborrow not re-borrow any part of a Term Loan Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds)herein, any part of the Revolving Facility B or Facility C which is repaid or prepaid or repaid may be reborrowed re-borrowed in accordance with the terms of this Agreement.
(e) The Borrowers Borrower shall not repay or prepay all or any part of the Loans Utilisations or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(f) Subject to Clause 2.3 (IncreaseIf the Agent receives an election under paragraph 3(d), no amount of it shall promptly forward a copy to the Total Commitments cancelled under this Agreement may be subsequently reinstatedaffected Lenders.
(g) If the Agent receives a notice under this Clause 9 (Illegality, Voluntary Prepayment and Cancellation) or an election under paragraph 3(d), it shall promptly forward a copy of that notice or election to either the Company Borrower or the affected Lender, as appropriate.
(h) The Agent shall notify the Lenders as soon as possible of any proposed prepayment under paragraph 2(a).
(i) If all or any part of any Lender’s participation in a Loan Utilisation under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent))redrawing, an amount of the Commitments (equal to the Base Currency Amount of the amount of the Loan which is repaid or prepaid) that Lender’s Commitment in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph .
(hj) shall reduce Where the Commitments events or circumstances giving rise to any Claim Proceeds, Eminent Domain Proceeds, Insurance Proceeds or Termination Proceeds involve any loss, liability, charge or claim relating to or made against a member of the Lenders rateably under that FacilityGroup or the loss or destruction of or damage to assets of a member of the Group (in each case, in respect of the Project), such proceeds shall first be applied to satisfy fully (or reimburse a member of the Group which has discharged) any loss, liability, charge or claim relating to or made against a member of the Group or, as the case may be, in the full replacement, reinstatement and/or repair of assets of members of the Group (in each case, solely in respect of the Project) which have been lost, destroyed or damaged, in each case, as a result of the events or circumstances giving rise to those proceeds.
Appears in 1 contract
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 7 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break CostsCosts and SEK Break Costs (if applicable), without premium or penalty.
(c) No Borrower may reborrow any part of Facility A which is prepaid.
(d) Unless a contrary indication appears . Any prepayment in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part respect of Facility B or Facility C which is prepaid or repaid may be reborrowed subject to SEK Break Costs in accordance with the terms of this Agreement.
(ec) The Borrowers Borrower may not reborrow any part of a Facility which is prepaid.
(d) The Borrower shall not repay or prepay all or any part of the Loans or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(e) If the Facility Agent receives a notice under this Clause 7 it shall promptly forward a copy of that notice to either the Borrower or the affected Lender or Lenders, as appropriate.
(f) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
. Any cancellation under Clause 7.2 (g) If the Agent receives a notice under this Clause 9 it shall promptly forward a copy of that notice to either the Company or the affected Lender, as appropriate.
(h) If all or part of a Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent)), an amount of the Commitments (equal to the Base Currency Amount of the amount of the Loan which is repaid or prepaidVoluntary cancellation) in respect of that Facility will be deemed B or Facility C is subject to be cancelled on SEK Break Costs in accordance with the date terms of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that FacilityAgreement.
Appears in 1 contract
Sources: Facility Agreement (PT Indosat TBK)
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 7 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penaltyand the prepayment fee payable in accordance with paragraph (c) of Clause 7.3 (Voluntary prepayment of Facility).
(c) No The Borrower may not reborrow any part of Facility A the Loan which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds)Agreement, any part of the Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers Borrower shall not repay or prepay all or any part of the Loans Loan or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(f) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(g) If the Agent receives a notice under this Clause 9 7 it shall promptly forward a copy of that notice to either the Company Borrower or the affected Lender, as appropriate.
(h) If all or part of a any Lender’s participation in the Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent)), an amount of the Commitments that ▇▇▇▇▇▇’s Commitment (equal to the Base Currency Amount of the amount of the Loan participation which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facility.
Appears in 1 contract
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 7 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penalty.
(c) No Borrower may reborrow any part of Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds)Agreement, any part of the Facility B or Facility C which is repaid or prepaid or repaid may not be reborrowed in accordance with the terms of this Agreementreborrowed.
(ed) The Borrowers Company shall not repay or prepay all or any part of the Loans or cancel reduce all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 2.2 (Increase), no amount of the Total Commitments cancelled under any Commitment that is reduced in accordance with this Agreement may be subsequently reinstated.
(gf) If the Agent receives a notice under this Clause 9 7 it shall promptly forward a copy of that notice to either the Company or the affected Lender, as appropriate.
(hg) If all or part of a Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent))redrawing, an amount of the Commitments (equal to the Base Currency Amount of the amount of the Loan which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (g) (save in connection with any repayment or, as the case may be, prepayment under paragraph (c) of Clause 7.1 (Illegality) or paragraph (c), (g) or (h) shall reduce the Commitments of the Lenders rateably under that Facility.Clause 7.4 (
Appears in 1 contract
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 7 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, and without premium or penalty.
(c) No The Borrower may not reborrow any part of the Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers Borrower shall not repay or prepay all or any part of the Loans or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(gf) If the Agent receives a notice under this Clause 9 7 it shall promptly forward a copy of that notice to either the Company Borrower or the affected Lender, as appropriate.
(hg) If all or part of any Lender’s participation in a Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent))prepaid, an amount of the Commitments that ▇▇▇▇▇▇’s Commitment (equal to the Base Currency Amount of the amount of the Loan participation which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facility.
Appears in 1 contract
Sources: Bridge Loan Facility Agreement (Lifezone Metals LTD)
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 7 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penaltyand the prepayment fee payable in accordance with paragraph (c) of Clause 7.3 (Voluntary prepayment of Facility).
(c) No The Borrower may not reborrow any part of Facility A a Loan which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds)Agreement, any part of a Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers Borrower shall not repay or prepay all or any part of the Loans or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(f) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(g) If the Agent receives a notice under this Clause 9 7 it shall promptly forward a copy of that notice to either the Company Borrower or the affected Lender, as appropriate.
(h) If all or part of any Lender’s participation in a Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent)), an amount of the Commitments that ▇▇▇▇▇▇’s Commitment (equal to the Base Currency Amount of the amount of the Loan participation which is repaid or prepaid) in respect of that Facility in will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facility.
Appears in 1 contract
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 7 (Prepayment and Cancellation) shall 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 and, if relevant, the part of the Loan to be prepaid or cancelled.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, and without premium or penalty.
(c) No The Borrower may reborrow not re borrow any part of the Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers Borrower shall not repay or prepay all or any part of the Loans Loan or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(gf) If the Facility Agent receives a notice under this Clause 9 7 (Prepayment and Cancellation) it shall promptly forward a copy of that notice to either the Company Borrower or the affected LenderLenders, as appropriate.
(hg) If all or part of a any Lender’s participation in the Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent))prepaid, an amount of the Commitments that Lender’s Commitment (equal to the Base Currency Amount of the amount of the Loan participation which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facility.
Appears in 1 contract
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 7 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penaltyand the prepayment fee payable in accordance with paragraph (c) of Clause 7.3 (Voluntary prepayment of Facility).
(c) No The Borrower may reborrow any part of Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers shall not repay or prepay all or any part of the Loans a Loan or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(fd) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(ge) If the Agent receives a notice under this Clause 9 7 it shall promptly forward a copy of that notice to either the Company Borrower or the affected Lender, as appropriate.
(hf) If all or part of any Lender’s participation in a Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause Clauses 4.2 (Further conditions precedent)Utilisation Specific Conditions Precedent – First Utilisation) or 4.3 (Utilisation Specific Conditions Precedent – subsequent Utilisation), an amount of the Commitments that Lender’s Commitment (equal to the Base Currency Amount of the amount of the Loan participation which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facility.
Appears in 1 contract
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 8 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penalty.
(c) No The Borrower may not reborrow any part of Facility A A, Facility C1 or Facility C2 which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds)Agreement, any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers Borrower shall not repay or prepay all or any part of the Loans or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(f) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(g) If the Agent receives a notice under this Clause 9 8 it shall promptly forward a copy of that notice to either the Company Borrower or the affected Lender, as appropriate.
(h) If all or part Any profit received by a Lender as a result of terminating any Hedging Agreements pursuant to a Loan prepayment under a Facility is repaid or prepaid and is not available this Agreement shall be for redrawing (other than by operation the account of Clause 4.2 (Further conditions precedent)), an the Borrower. The exact amount of such profit shall be calculated by the Commitments (equal relevant Lender and shall be justified in writing to the Base Currency Amount Borrower.
(i) Prepayments shall be made proportionally between Facility A and the aggregate of the amount of the Loan which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that FacilityC1 and Facility C2.
Appears in 1 contract
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 7 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penalty.
(c) No Borrower may reborrow any part of Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers shall not repay or prepay all or any part of the Loans or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(f) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(g) If the Agent receives a notice under this Clause 9 7 it shall promptly forward a copy of that notice to either the Company Parent or the affected Lender, as appropriate.
(h) If all or part of a Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent)), an amount of the Commitments (equal to the Base Currency Amount of the amount of the Loan which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facility.
Appears in 1 contract
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 7 (Prepayment and Cancellation) shall 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 made, the amount of that cancellation or prepaymentprepayment and, if relevant, the part of the Loan to be prepaid or cancelled.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penalty.
(c) No Borrower may reborrow any part of the Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers No Borrower shall not repay or prepay all or any part of the Loans Loan or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(gf) If the Facility Agent receives a notice under this Clause 9 7 (Prepayment and Cancellation) it shall promptly forward a copy of that notice to either the Company or Borrowers and/or the affected LenderLenders, as appropriate.
(hg) If all or part of a any Lender's participation in the Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent))prepaid, an amount of the Commitments that ▇▇▇▇▇▇'s Commitment (equal to the Base Currency Amount of the amount of the Loan participation which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facility.
Appears in 1 contract
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 7 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penalty.
(c) No Borrower The Company may not reborrow any part of a Term Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds)Agreement, any part of Revolving Facility B or Facility C which is repaid or prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers Company shall not repay or prepay all or any part of the Loans or cancel reduce all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(f) Subject to Clause 2.3 2.2 (Increase), no amount of the Total Commitments cancelled under any Commitment that is reduced in accordance with this Agreement may be subsequently reinstated.
(g) If the Agent receives a notice under this Clause 9 7 it shall promptly forward a copy of that notice to either the Company or the affected Lender, as appropriate.
(h) If all or part of a Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent)), an amount of the Commitments (equal to the Base Currency Amount of the amount of the Loan which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) (save in connection with any repayment or, as the case may be, prepayment under paragraph (c) of Clause 7.1 (Illegality) or paragraph (c) of Clause 7.6 (Right of prepayment and cancellation in relation to a single Lender)) shall reduce the Commitments of the Lenders rateably under in that FacilityFacility rateably.
Appears in 1 contract
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 7 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, and without premium or penalty.
(c) No Borrower may reborrow any part of Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds)Agreement, any part of the Facility B or Facility C which is repaid or prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(ed) The Borrowers Obligors shall not repay or prepay all or any part of the Loans or cancel reduce all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 2.2 (Increase), no amount of the Total Commitments cancelled under any Commitment that is reduced in accordance with this Agreement may be subsequently reinstated.
(gf) If the Agent receives a notice under this Clause 9 7 it shall promptly forward a copy of that notice to either the Company or the affected Lender, as appropriate.
(hg) If all or part of a Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent)), an amount of the Commitments (equal to the Base Currency Amount of the amount of the Loan which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (g) (save in connection with any repayment or, as the case may be, prepayment under paragraph (c) of Clause 7.1 (Illegality) or paragraph (c), (g) or (h) of Clause 7.4 (Right of prepayment and cancellation in relation to a single Lender)) shall reduce the Commitments of the Lenders rateably under that Facilityrateably.
Appears in 1 contract
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 7 (Prepayment and Cancellation) shall 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 made, the amount of that cancellation or prepaymentprepayment and, if relevant, the part of the Loan to be prepaid or cancelled.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, and without premium or penalty.
(c) No Borrower may reborrow any part of the Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers No Borrower shall not repay or prepay all or any part of the Loans Loan or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(gf) If the Facility Agent receives a notice under this Clause 9 7 (Prepayment and Cancellation) it shall promptly forward a copy of that notice to either the Company Borrowers or the affected LenderLenders, as appropriate.
(hg) If all or part of a any Lender's participation in the Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent))prepaid, an amount of the Commitments that ▇▇▇▇▇▇'s Commitment (equal to the Base Currency Amount of the amount of the Loan participation which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facility.
Appears in 1 contract
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 7 (Prepayment and Cancellation) shall 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 and, if relevant, the part of the Loan to be prepaid or cancelled.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, and without premium or penalty.
(c) No Borrower may reborrow any part of the Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers No Borrower shall not repay or prepay all or any part of the Loans Loan or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(gf) If the Facility Agent receives a notice under this Clause 9 7 (Prepayment and Cancellation) it shall promptly forward a copy of that notice to either the Company Borrowers or the affected LenderLenders, as appropriate.
(hg) If all or part of a any Lender’s participation in the Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent))prepaid, an amount of the Commitments that Lender’s Commitment (equal to the Base Currency Amount of the amount of the Loan participation which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facility.
Appears in 1 contract
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 7 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penalty.
(c) No Borrower may reborrow any part of Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds)Agreement, any part of the Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(ed) The Borrowers A Borrower shall not repay or prepay all or any part of the Loans or Loans, and the Company shall not cancel all or any part of the Commitments Commitments, except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 2.2 (Increase), no amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(gf) If the Agent receives a notice under this Clause 9 7 it shall promptly forward a copy of that notice to either the Company or the affected Lender, as appropriate.
(hg) If all or part of a Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent)), an amount of the Commitments (equal to the Base Currency Amount of the amount of the Loan which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (hg) shall reduce the Commitments of the Lenders rateably under that Facilityrateably.
Appears in 1 contract
Sources: Facility Agreement (Delhaize Group)
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 7 (Prepayment and Cancellation) shall 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 made, the amount of that cancellation or prepaymentprepayment and, if relevant, the part of the Loan to be prepaid or cancelled.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penalty.
(c) No Borrower may reborrow any part of the Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers No Borrower shall not repay or prepay all or any part of the Loans Loan or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(gf) If the Facility Agent receives a notice under this Clause 9 7 (Prepayment and Cancellation) it shall promptly forward a copy of that notice to either the Company Borrowers or the affected Lender, as appropriateLenders.
(hg) If all or part of a any Lender's participation in the Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent))prepaid, an amount of the Commitments that ▇▇▇▇▇▇'s Commitment (equal to the Base Currency Amount of the amount of the Loan participation which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facility.
Appears in 1 contract
Sources: Term Loan Facility Agreement (Navios Maritime Partners L.P.)
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 8 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penalty.
(c) No Borrower may reborrow any part of Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds)Agreement, any part of the Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(ed) The Borrowers Borrower shall not repay or prepay all or any part of the Loans or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(gf) If the Agent receives a notice under this Clause 9 8 it shall promptly forward a copy of that notice to either the Company Borrower or the affected Lender, as appropriate.
(hg) If all or part of a Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent)), an amount of the Commitments (equal to the Base Currency Amount of the amount of the Loan which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (hg) shall reduce the Commitments of the Lenders rateably under that Facilityrateably.
Appears in 1 contract
Sources: Revolving Credit Facility Agreement (Central European Media Enterprises LTD)
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 8 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penalty.
(c) No Borrower may reborrow all or any part of a Term Loan or any part of Facility A B which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds)Agreement, any part of Facility B A which is prepaid prior to the Term Out Date or any part of Facility C which is prepaid or repaid may be maybe reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers shall not repay or prepay all or any part of the Loans or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(f) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(g) If the Agent receives a notice under this Clause 9 8 it shall promptly forward a copy of that notice to either the Company or the affected Lender, as appropriate.
(h) If all or part of a Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent)), an amount of the Commitments (equal . Back to the Base Currency Amount of the amount of the Loan which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facility.Contents
Appears in 1 contract
Restrictions. (a) 7.6.1 Any notice of cancellation or prepayment given by any Party under this Clause 9 7 shall 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.
(b) 7.6.2 Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penaltyprepaid.
(c) No Borrower 7.6.3 The Borrowers may reborrow any part of the Facility A which is prepaidvoluntarily prepaid (other than any prepayment pursuant to a Refinancing). Any voluntary prepayment made from the proceeds of a Refinancing shall prepay the Loan/s and all other Facility Outstandings in full, and the Commitment will be deemed to be cancelled on the date of prepayment.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers 7.6.4 No Borrower shall not repay or prepay all or any part of the Loans Loan or cancel all or any part of the Commitments Available Facility except at the times and in the manner expressly provided for in this Agreement.
(f) Subject to Clause 2.3 (Increase), no 7.6.5 No amount of the Total Commitments Available Facility cancelled under this Agreement may be subsequently reinstated.
(g) If the Agent receives a notice under this Clause 9 it shall promptly forward a copy of that notice to either the Company or the affected Lender, as appropriate.
(h) 7.6.6 If all or part of a the Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent))redrawing, an amount of the Commitments Commitment (equal to the Base Currency Amount of the amount of the Loan which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facility.
Appears in 1 contract
Sources: Revolving Credit Facility Agreement (Lesaka Technologies Inc)
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 8 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penalty.
(c) No Borrower may reborrow any part of Facility A A1, Facility A2 or Facility B which is prepaidprepaid or repaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds)Agreement, any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers shall not repay or prepay all or any part of the Loans or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(f) Subject to Clause 2.3 2.2 (Increase), no amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(g) If the Agent receives a notice under this Clause 9 8 it shall promptly forward a copy of that notice to either the Company or the affected Lender, as appropriate.
(h) If all or part of a Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent)), an amount of the Commitments (equal to the Base Currency Amount of the amount of the Loan which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facility.
Appears in 1 contract
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 7 (Prepayment and cancellation) shall 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.
(b) Any partial prepayment under this Agreement (except voluntary prepayments) shall be applied in inverse order of maturity firstly against the balloon and then the remaining repayments instalments.
(c) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penaltyCosts and Prepayment Cost
(d) Any cancellation under this Agreement shall be made together with any Prepayment Cost.
(ce) No The Borrower may reborrow not re-borrow any part of the Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(ef) The Borrowers Borrower shall not repay or prepay all or any part of the Loans Loan or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(fg) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(gh) If the Agent receives a notice under this Clause 9 7 (Prepayment and cancellation) it shall promptly forward a copy of that notice to either the Company Borrower or the affected Lender, as appropriate.
(hi) If all or part of a the Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent))redrawing, an amount of the Commitments (equal to the Base Currency Amount of the amount of the Loan which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facilityproportionately.
Appears in 1 contract
Restrictions. (a) Any notice of cancellation cancellation, repayment or prepayment given by any Party under this Clause 9 7 (Illegality, Mandatory Repayment, Voluntary Prepayment and Cancellation) shall (subject to the terms of those Clauses) be irrevocable and, unless a contrary indication appears in this Agreement, shall specify the date or dates upon which the relevant cancellation cancellation, repayment or prepayment is to be made and the amount of that cancellation cancellation, repayment or prepayment.
(b) Any Subject to Clause 7.7 (Prepayment Fee) and Clause 10.4 (Exit Fee), any repayment or prepayment under this Agreement Clause 7 (Illegality, Mandatory Repayment, Voluntary Prepayment and Cancellation) shall be made together with accrued interest on the amount repaid or prepaid and, subject to any Break Costs, without premium or penalty.
(c) No Borrower may reborrow any Any part of the Facility A which is prepaidprepaid may not be reborrowed.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers shall not repay or prepay all or any part of the Loans Utilisations or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(g) If the Agent receives a notice under this Clause 9 it shall promptly forward a copy of that notice to either the Company or the affected Lender, as appropriate.
(h) If all or part of a Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent)), an amount of the Commitments (equal to the Base Currency Amount of the amount of the Loan which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facility.
Appears in 1 contract
Sources: Senior Loan Note Subscription Agreement (Tritium DCFC LTD)
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause clause 9 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penalty.
(c) No Borrower The Company may not reborrow any part of a Term Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds)Agreement, any part of the Revolving Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers No Borrower shall not repay or prepay all or any part of the Loans or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(f) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(g) If the Agent receives a notice under this Clause 9 clause 8 it shall promptly forward a copy of that notice to either the Company or the affected Lender, as appropriate.
(h) If all or part of any Lender's participation in a Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause clause 4.2 (Further conditions precedent)), an amount of the Commitments that ▇▇▇▇▇▇'s Commitment (equal to the Base Currency Amount of the amount of the Loan participation which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facility.
Appears in 1 contract
Sources: Facilities Agreement
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 8 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penalty.
(c) No The Borrower may not reborrow any part of the Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers Borrower shall not repay or prepay all or any part of the Loans or cancel all or any part of the Commitments or Available Commitments of the Lenders (for any or all of the Tranches) except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments or any Commitment or Available Commitment (in respect of any Tranche) of any Lender cancelled or reduced under this Agreement may be subsequently reinstated.
(gf) If the Facility Agent receives a notice under this Clause 9 8 it shall promptly forward a copy of that notice to either the Company Borrower or the affected Lender, as appropriate.
(h) If all or part of a Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent)), an amount of the Commitments (equal to the Base Currency Amount of the amount of the Loan which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facility.
Appears in 1 contract
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 7 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penalty.
(c) No Borrower may reborrow any part of Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds)Agreement, any part of the Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(ed) The Borrowers Borrower shall not repay or prepay all or any part of the Loans or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(gf) If the Agent receives a notice under this Clause 9 7 it shall promptly forward a copy of that notice to either the Company or the affected Lender, as appropriateall relevant Parties.
(hg) If all or part of a Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent)), an amount of the Commitments (equal to the Base Currency Amount of the amount of the Loan which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (hg) shall reduce the Commitments of the Lenders rateably under rateably.
(h) If any part of the Facility is repaid or prepaid or any part of the Total Commitments is cancelled, the Borrower shall wholly or partly unwind any continuing Permitted Hedging Transactions so that Facilitytheir notional amount does not, and will not in the future, exceed the amount of the Loans.
Appears in 1 contract
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 7 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penalty.
(c) No The Borrower may not reborrow any part of the Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers Borrower shall not repay or prepay all or any part of the Loans any Loan or cancel all or reduce any part of the Commitments Commitment except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 (Increase)If any Commitment is reduced in accordance with this Agreement, no the amount of the Total Commitments cancelled under this Agreement such reduction may not be subsequently reinstated.
(gf) If the Agent receives a notice under this Clause 9 7 it shall promptly forward a copy of that notice to either the Company Borrower or the affected Lender, as appropriate.
(hg) If all or part of a Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent))redrawing, an amount of the Commitments (equal to the Base Currency Amount of the amount of the Loan which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (hg) (save in connection with any repayment or, as the case may be, prepayment under paragraph (c) of Clause 7.1 (Illegality) or paragraph (c) of Clause 7.7 (Right of prepayment and cancellation in relation to a single Lender)) shall reduce the Commitments of the Lenders rateably under that Facilityrateably.
Appears in 1 contract
Sources: Facility Agreement (PCGI Intermediate Holdings LTD)
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 7 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid andand all other amounts accrued and unpaid or outstanding under the Finance Documents including any Make-Whole Amount and any Equity Upside, subject to but without any Break Costs, without other premium or penalty.
(c) No The Borrower may not reborrow any part of the Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers Borrower shall not repay or prepay all or any part of the Loans Loan or cancel all or any part of the Commitments Commitment except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 2.2 (Increase), no amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(gf) If the Facility Agent receives a notice under this Clause 9 7 it shall promptly as soon as reasonably practicable forward a copy of that notice to either the Company Borrower or the affected Lender, as appropriate.
(hg) If all or part of a any Lender’s participation in the Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent)), an amount of the Commitments that Lender’s Commitment (equal to the Base Currency Amount of the amount of the Loan participation which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facility.
Appears in 1 contract
Sources: Senior Facility Agreement (Wanda Sports Group Co LTD)
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 7 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penalty.
(c) No Borrower may reborrow any part of a Term Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds)Agreement, any part of the Working Capital Facility B or Facility C which is repaid or prepaid or repaid may be reborrowed in accordance with the terms of this Agreement and the Working Capital Facility Agreement.
(e) The Borrowers shall not repay or prepay all or any part of the Loans or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(f) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(g) If the a Facility Agent receives a notice under this Clause 9 7 it shall promptly forward a copy of that notice to either the Company or the affected Lender, as appropriate.
(h) If all or part of any Lender’s participation in a Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent)), an amount of the Commitments that Lender’s Commitment (equal to the Base Currency Amount of the amount of the Loan participation which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facility.
Appears in 1 contract
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 7 (Prepayment and Cancellation) shall 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 and, if relevant, the part of the Loan to be prepaid or cancelled.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid andprepaid, subject any applicable fees payable pursuant to any Break Costs, Clause 10 (Fees) and without premium or penalty.
(c) No Borrower may reborrow re-borrow any part of the Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers No Borrower shall not repay or prepay all or any part of the Loans Loan or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(gf) If the Facility Agent receives a notice under this Clause 9 7 (Prepayment and Cancellation) it shall promptly forward a copy of that notice to either the Company Borrowers or the affected LenderLenders, as appropriate.
(hg) If all or part of a any Lender's participation in the Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent))prepaid, an amount of the Commitments that ▇▇▇▇▇▇'s Commitment (equal to the Base Currency Amount of the amount of the Loan participation which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facility.
Appears in 1 contract
Restrictions. (a) Any notice of cancellation cancellation, prepayment or prepayment replacement given by any Party under this Clause 9 8 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penalty.
(c) No Borrower may reborrow any part of Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds)Agreement, any part of the Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(ed) The Borrowers shall not repay or prepay all or any part of the Loans or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 2.2 (Increase), no amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(gf) If the Facility Agent receives a notice under this Clause 9 8 it shall promptly forward a copy of that notice to either the Company or the affected Lender, as appropriate.
(hg) If all or part of a Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent)), an amount of the Commitments (equal to the Base Currency Amount of the amount of the Loan which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (hg) shall reduce the Commitments of the Lenders rateably under that Facilityrateably.
Appears in 1 contract
Sources: Loan Agreement (Intercontinental Hotels Group PLC /New/)
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 7 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penaltyand the prepayment fee payable in accordance with paragraph (c) of Clause 7.3 (Voluntary prepayment of Facility).
(c) No The Borrower may reborrow any part of Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers shall not repay or prepay all or any part of the Loans Loan or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(fd) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(ge) If the Agent receives a notice under this Clause 9 7 it shall promptly forward a copy of that notice to either the Company Borrower or the affected Lender, as appropriate.
(hf) If all or part of a any Lender’s participation in the Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent)), an amount of the Commitments that ▇▇▇▇▇▇’s Commitment (equal to the Base Currency Amount of the amount of the Loan participation which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facility.
Appears in 1 contract
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 16 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penalty.
(c) No Borrower may reborrow any part of Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds)Agreement, any part of the Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(ed) The Borrowers shall not repay or prepay all or any part of the Loans Utilisations or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstatedreinstated (other than in accordance with Clause 2.2 (Increase in Total Commitments)).
(gf) If the Agent receives a notice under this Clause 9 16 it shall promptly forward a copy of that notice to either the Company or the affected Lender, as appropriate.
(hg) If all or part of a Loan Utilisation under a the Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent)), an amount of the Commitments (equal to the Base Currency Amount of the amount of the Loan Utilisation which is repaid or prepaid) in respect of that the Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (hg) shall reduce the Commitments of the Lenders rateably under that the Facility.
Appears in 1 contract
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penalty.
(c) No Borrower may reborrow any part of Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds)Agreement, any part of Facility B A or Facility C B which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(d) No part of any Term Advance which is prepaid may be reborrowed.
(e) The Borrowers Borrower shall not repay or prepay all or any part of the Loans Advances or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(f) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(g) If the Facility Agent receives a notice under this Clause 9 it shall promptly forward a copy of that notice to either the Company Borrower or the affected relevant Lender, as appropriate.
(h) If all or part of a Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent)), an amount of the Commitments (equal to the Base Currency Amount of the amount of the Loan which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facility.
Appears in 1 contract
Sources: Credit Agreement (Reh Mergersub Inc)
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 8 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penalty.. Back to Contents
(c) No Borrower may reborrow any part of any Facility A B Term Loan which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds)Agreement, any part of a Facility B or Facility C which is prepaid or repaid (but, in the case of Facility B, only until the Term Out Date) may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers shall not repay or prepay all or any part of the Loans Utilisations or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(f) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(g) If the Agent receives a notice under this Clause 9 8 it shall promptly forward a copy of that notice to either the Company or the affected Lender, as appropriate.
(h) If all or part of a Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent)), an amount of the Commitments (equal . Back to the Base Currency Amount of the amount of the Loan which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facility.Contents SECTION 5 COSTS OF UTILISATION
Appears in 1 contract
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 7 (Prepayment and Cancellation) shall 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 and, if relevant, the part of the Loan to be prepaid or cancelled.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, and amounts (if any) payable under the Hedging Agreements in connection with that prepayment and without premium or penalty.
(c) No Borrower may reborrow any part of the Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers No Borrower shall not repay or prepay all or any part of the Loans Loan or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(gf) If the Facility Agent receives a notice under this Clause 9 7 (Prepayment and Cancellation) it shall promptly forward a copy of that notice to either the Company Borrowers or the affected LenderLenders and/or Hedge Counterparties, as appropriate.
(hg) If all or part of a any Lender’s participation in the Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent))prepaid, an amount of the Commitments that ▇▇▇▇▇▇’s Commitment (equal to the Base Currency Amount of the amount of the Loan participation which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facility.
Appears in 1 contract
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 11 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any and Break Costs, without premium or penalty.
(c) No Borrower The Parent shall, on the prepayment of the whole or any part of a Term Loan or cancellation of any Revolving Commitment within 12 months of the date of this Agreement, where such prepayment or cancellation is made using the proceeds of any bank debt or such cancellation is made pursuant to a refinancing by the Parent, pay to the Facility Agent for the account of each Lender an amount equal to 1 per cent of the amount prepaid or cancelled (the “Refinancing Premium”) provided that no such Refinancing Premium shall be payable to any Lender which is participating as a Lender in such refinancing.
(d) The Parent may not reborrow any part of the Term Facility A which is prepaid.
(de) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds)Agreement, any part of the Revolving Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(ef) The Borrowers shall not repay or prepay all or any part of the Loans or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(fg) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(gh) If the Facility Agent receives a notice under this Clause 9 11 it shall promptly forward a copy of that notice to either the Company Parent or the affected LenderLenders, as appropriate.
(h) If all or part of a Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent)), an amount of the Commitments (equal to the Base Currency Amount of the amount of the Loan which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facility.
Appears in 1 contract
Sources: £200,000,000 Multi Currency Term, Revolving Credit Facilities Agreement (Iron Mountain Inc)
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 7 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, and subject to any Break Costs, Costs and any prepayment and cancellation fees payable under this Agreement without premium or penalty.
(c) No The Borrower may not reborrow any part of the Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers Borrower shall not repay or prepay all or any part of the Loans or and the Borrower shall not cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(gf) If the Agent receives a notice under this Clause 9 7, it shall promptly forward a copy of that notice to either the Company Borrower or the affected LenderLenders, as appropriate.
(hg) If all or part of any Lender’s participation in a Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent))prepaid, an amount of the Commitments that Lender’s Commitment (equal to the Base Currency Amount of the amount of the Loan participation which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (hg) shall reduce the Commitments of the Lenders rateably under rateably.
(h) Any prepayment of a Loan (other than a prepayment to a single Lender pursuant to Clause 7.1 (Illegality), Clause 7.2 (Change of control) or Clause 7.7 (Right of repayment and cancellation in relation to a single Lender)) shall be applied pro rata to each Lender’s participation in that FacilityLoan.
Appears in 1 contract
Sources: Mezzanine Facility Agreement (American Realty Capital Global Trust II, Inc.)
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 7 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penalty.
(c) No Borrower may reborrow any part of Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds)Agreement, any part of the Facility B or Facility C which is prepaid or repaid may be reborrowed re-borrowed in accordance with the terms of this Agreement.
(ed) The Borrowers Company shall not repay or prepay all or any part of the Loans or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(gf) If the Agent receives a notice under this Clause 9 7 it shall promptly forward a copy of that notice to either the Company or the affected Lender, as appropriate.
(hg) If all or part of a Loan under a Facility Utilisation is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent)), an amount of the Commitments (equal to the Base Currency Amount of the amount of the Loan Utilisation which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (hg) shall reduce the Commitments of the Lenders rateably under that the Facility.
Appears in 1 contract
Sources: Super Senior Revolving Facility Agreement (Eagle Bulk Shipping Inc.)
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 11 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penalty.
(c) No Borrower may reborrow any part of Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds)Agreement, any part of Revolving Credit Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(ed) The Borrowers Borrower shall not repay or prepay all or any part of the Loans Utilisations or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 (Increase), no No amount of the Total Revolving Commitments cancelled under this Agreement may be subsequently reinstated.
(gf) If the Administrative Agent receives a notice under this Clause 9 11 it shall promptly forward a copy of that notice to either the Company Borrower or the affected Revolving Lender, as appropriate.
(hg) If all or part of a Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent)), an amount of the Commitments (equal to the Base Currency Amount of the amount of the Loan which is repaid or prepaid) in respect of that Facility will be deemed All payments to be cancelled on the date of repayment made by any Credit Party shall be made without condition or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facilitydeduction for any counterclaim, defense, recoupment or setoff.
Appears in 1 contract
Sources: Revolving Credit Agreement (Pride International Inc)
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 7 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penalty.
(c) No The Borrower may reborrow not re-borrow any part of Facility the Tranche A Loan which is repaid or prepaid.
(d) Unless a contrary indication appears in this Agreement and subject to Clause 6.3 (including, for the avoidance Reduction of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance ProceedsTranche B), and Clause 9.8 the Borrower may during the Tranche B Availability Period re-borrow (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement) any Tranche B Loan (or any part thereof) which is prepaid or repaid.
(e) The Borrowers Borrower shall not repay or prepay all or any part of the Loans or cancel or reduce all or any part of the Commitments or Available Commitments of the Lenders for any Tranche except at the times and in the manner expressly provided for in this Agreement.
(f) Subject to Clause 2.3 (Increase), no amount If any Commitment of the Total Commitments any Lender in respect of any Tranche is cancelled or reduced under this Agreement Agreement, such Commitment so cancelled or reduced may not be subsequently reinstated.
(g) If the Agent receives a notice under this Clause 9 7 it shall promptly forward a copy of that notice to either the Company Borrower or the affected Lender, as appropriate.
(h) If all or part of a Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent)), an amount of the Commitments (equal to the Base Currency Amount of the amount of the Loan which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facility.
Appears in 1 contract
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 7 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid prepaid, all amounts then due to the relevant Finance Parties under the Finance Documents as a consequence of that prepayment and, subject to any Break Costs, without premium or penalty.
(c) No Borrower may reborrow any part of the Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers shall not repay or prepay all or any part of the Loans or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 2.9 (Increase), no amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(gf) If the Agent receives a notice under this Clause 9 7 it shall promptly forward a copy of that notice to either the Company Borrowers or the affected Lender, as appropriate.
(hg) If all or part of a Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent))Each Borrower, an amount and/or the Agent on behalf of the Commitments Borrower, shall:
(equal to the Base Currency Amount i) notify each Hedging Bank of the amount of the Loan which is repaid any cancellation, prepayment or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph Clause 7 promptly upon becoming aware of any such event; and
(hii) shall reduce the Commitments deliver to each Hedging Bank a true copy of the Lenders rateably each notice of cancellation or prepayment given by a Party under that Facilitythis Clause 7 as soon as practicable following its delivery and/or receipt of such notice.
Appears in 1 contract
Sources: Facility Agreement (Danaos Corp)
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 7 (Prepayment and cancellation) shall be substantially in the form of Schedule 10 (Form of Prepayment / Cancellation Notice) hereto and shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs pursuant to Clause 10.4 (Break Costs) and prepayment fee pursuant to Clause 7.11 (Prepayment fee) below, without premium or penalty.
(c) No The Borrower may not reborrow any part of a Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers Borrower shall not repay or prepay all or any part of the Loans Loan or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(gf) If the Facility Agent receives a notice under this Clause 9 7 (Prepayment and cancellation) it shall promptly forward a copy of that notice to either the Company Borrower or the affected Lenderall Lenders, as appropriate.
(h) If all or part of a Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent)), an amount of the Commitments (equal to the Base Currency Amount of the amount of the Loan which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facility.
Appears in 1 contract
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 7 (Prepayment and Cancellation) shall 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 made, the amount of that cancellation or prepaymentprepayment and, if relevant, the part of the Loan to be prepaid or cancelled.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to the fee provided in Clause 11.3 (Prepayment fee) and any Break Costs, without premium or penalty.
(c) No Borrower may reborrow any part of the Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers No Borrower shall not repay or prepay all or any part of the Loans Loan or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(gf) If the Facility Agent receives a notice under this Clause 9 7 (Prepayment and Cancellation) it shall promptly forward a copy of that notice to either the Company Borrowers or the affected LenderLenders, as appropriate.
(hg) If all or part of a any Lender’s participation in the Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent))prepaid, an amount of the Commitments that ▇▇▇▇▇▇’s Commitment (equal to the Base Currency Amount of the amount of the Loan participation which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facility.
Appears in 1 contract
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 clause 7 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penalty.
(c) No Borrower may reborrow any part of Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds)Agreement, any part of the Revolving Loan Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement. The Borrower may not reborrow any part of the Term Loan Facility which is prepaid or repaid.
(ed) The Borrowers shall not repay or prepay all or any part of the Loans a Loan or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 clause 2.1 (Increase), ) no amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(gf) If the Agent receives a notice under this Clause 9 clause 7 it shall promptly forward a copy of that notice to either the Company Borrowers or the affected Lender, as appropriate.
(hg) If all or part of the Total Commitments are partially reduced and/or a Loan is partially prepaid under a Facility is repaid or prepaid and is not available for redrawing this Agreement (other than by operation of Clause 4.2 under clause 7.1 (Further conditions precedent)Illegality), an amount clause 7.5(Right of the Commitments replacement or cancellation and prepayment in relation to a single Lender) or clause 7.6 (equal to the Base Currency Amount of the amount of the Loan which is repaid Sale or prepaidTotal Loss)) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facilityshall be reduced rateably.
Appears in 1 contract
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 7 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penalty.
(c) No The Borrower may reborrow any part of Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers shall not repay or prepay all or any part of the Loans or cancel all or any part of the Commitments Commitment except at the times and in the manner expressly provided for in this Agreement.
(fd) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments Commitment cancelled under this Agreement may be subsequently reinstated.
(ge) If Unless a contrary indication appears in this Agreement, any part of the Agent receives a notice under Facility which is repaid or prepaid may be reborrowed in accordance with the terms of this Clause 9 it shall promptly forward a copy of that notice to either the Company or the affected Lender, as appropriateAgreement.
(hf) If all or part of a Loan under a the Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent))redrawing, an amount of the Commitments Commitment (equal to the Base Currency Amount of the amount of the Loan which is repaid or prepaid) in respect of that the Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facility.
Appears in 1 contract
Restrictions. (a) Any prepayment under this Agreement shall only be made subject to the same being permitted under applicable law and regulation including, specifically, the ECB Guidelines.
(b) Any notice of cancellation or prepayment given by any Party under this Clause 9 6 (Prepayment and cancellation) shall 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.
(bc) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, save for voluntary prepayment under Clause 6.3 (Voluntary Prepayment of Loans), shall be subject to any Break Costs, without Costs as applicable. No premium or penalty.
(c) No Borrower may reborrow penalty is payable in respect of any part of Facility A which is prepaidprepayment made under this Agreement.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers Borrower shall not repay or prepay all or any part of the Loans or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(gf) If the Agent receives a notice under this Clause 9 6 (Prepayment and Cancellation), it shall promptly forward a copy of that notice to either the Company Borrower or the affected Lender, as appropriate.
. Any prepayment under this Clause 6 (hPrepayment and Cancellation) If all or part of a Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent)), an amount shall satisfy the obligations of the Commitments Borrower under Clause 5.1 (equal to Repayment of Loans) pro rata and be applied rateably among the Base Currency Amount participations of the amount of the Loan which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facilityall Lenders.
Appears in 1 contract
Sources: Amendment and Restatement Agreement (Sesa Sterlite LTD)
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 7 (Prepayment and Cancellation) shall 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 and, if relevant, the part of the Loan to be prepaid or cancelled.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid andprepaid, subject any applicable fees payable pursuant to any Break Costs, Clause 10 (Fees) and without premium or penalty.
(c) No Borrower may reborrow re-borrow any part of the Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers No Borrower shall not repay or prepay all or any part of the Loans Loan or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(gf) If the Facility Agent receives a notice under this Clause 9 7 (Prepayment and Cancellation) it shall promptly forward a copy of that notice to either the Company Borrowers or the affected LenderLenders, as appropriate.
(hg) If all or part of a any Lender’s participation in the Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent))prepaid, an amount of the Commitments that ▇▇▇▇▇▇’s Commitment (equal to the Base Currency Amount of the amount of the Loan participation which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facility.
Appears in 1 contract
Restrictions. (a) a. Any prepayment under this Agreement shall only be made subject to the same being permitted under applicable law and regulation.
b. Any notice of cancellation or prepayment given by any Party under this Clause 9 shall clause 7 (Prepayment and Cancellation)shall 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.
c. Unless the prepayment is made in accordance with clause 7.5 (bc) Any and 7.4 (Mandatory Prepayment of Loans), any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and the payment of a prepayment premium applicable on the date of prepayment as a percentage % of the amount prepaid and, shall also be subject to any Break Costs, without premium or penaltyCosts as applicable.
(c) No d. The Borrower may reborrow shall not re-draw any part of Facility A the Facility, which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) e. The Borrowers Borrower shall not repay or prepay all or any part of the Loans or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(f) Subject to Clause 2.3 (Increase), no f. No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(g) g. If the Agent receives a notice under this Clause 9 clause 7 (Prepayment and Cancellation) it shall promptly forward a copy of that notice to either the Company Borrower or the affected Lender, as appropriate.
(h) If all or part of a Loan . Any prepayment under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent)), an amount this clause 7 shall satisfy the obligations of the Commitments Borrower under clause 6.1 (equal to the Base Currency Amount Repayment of the amount of the Loan which is repaid or prepaidLoans) in respect reverse order of that Facility will maturity and be deemed to be cancelled on applied rateably among the date participations of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facilityall Lenders.
Appears in 1 contract
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 shall 8 shall, unless it provides that it is conditional upon the consummation of refinancing of the Facility, 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.
(b) Any prepayment under this Agreement including, for the avoidance of doubt, prepayments according to Clause 6.3 (Utilisations in Optional Currencies and currency fluctuations), shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penalty.
(c) No Borrower may reborrow any part of Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds)Agreement, any part of the Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(ed) The Borrowers shall not repay or prepay all or any part of the Loans or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(gf) If the Agent receives a notice under this Clause 9 8 it shall promptly forward a copy of that notice to either the Company or the affected Lender, as appropriate.
(hg) If all or part of a Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent)), an amount of the Commitments (equal to the Base Currency Amount of the amount of the Loan which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (hg) shall reduce the Commitments of the Lenders rateably under that Facilityrateably.
Appears in 1 contract
Sources: Senior Revolving Credit Facility Agreement (Logitech International Sa)
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 8 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penalty.
(c) No The Borrower may not reborrow any part of Facility A or Facility C which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds)Agreement, any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers Borrower shall not repay or prepay all or any part of the Loans or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(f) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(g) If the Agent receives a notice under this Clause 9 8 it shall promptly forward a copy of that notice to either the Company Borrower or the affected Lender, as appropriate.
(h) If all or part Any profit received by a Lender as a result of terminating any Hedging Agreements pursuant to a Loan prepayment under a Facility is repaid or prepaid and is not available this Agreement shall be for redrawing (other than by operation the account of Clause 4.2 (Further conditions precedent)), an the Borrower. The exact amount of such profit shall be calculated by the Commitments (equal relevant Lender and shall be justified in writing to the Base Currency Amount of the amount of the Loan which is repaid or prepaidBorrower.
(i) in respect of that Prepayments shall be made proportionally between Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facility.A and Facility C.
Appears in 1 contract
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 7 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penalty.
(c) No Borrower may reborrow any part of Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds)Agreement, any part of the Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(ed) The Borrowers shall not repay or prepay all or any part of the Loans or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.2 (Increase) and Clause 2.3 (IncreaseIncrease – Accordion Option), no amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(gf) If the Agent receives a notice under this Clause 9 7, it shall promptly forward a copy of that notice to either the Company or the affected Lender, as appropriate.
(hg) If all or part of a Loan under a the Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent)), an amount of the Commitments (equal to the Base Currency Amount of the amount of the Loan which is repaid or prepaid) in respect of that the Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (hg) shall reduce the Commitments of the Lenders rateably under that the Facility.
Appears in 1 contract
Sources: Revolving Senior Secured Credit Facility Agreement (Gold Fields LTD)
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 7 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break CostsCosts in the case of a prepayment under Clause 7.2 (Voluntary prepayment) only, without premium or penalty.
(c) No The Borrower may not reborrow any part of the Facility A which is prepaid.
(d) Unless a contrary indication appears , and accordingly the Commitment in this Agreement (includingrespect of that part of the Facility which is prepaid shall be deemed to have been cancelled, provided, for the avoidance of doubt, that the repayment of the Historic Loans shall not affect the amount of the Commitment under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(ed) The Borrowers Borrower shall not repay or prepay all or any part of the Loans or cancel all or any part of the Commitments Commitment except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments Commitment cancelled under this Agreement may be subsequently reinstated.
(g) If the Agent receives a notice under this Clause 9 it shall promptly forward a copy of that notice to either the Company or the affected Lender, as appropriate.
(h) If all or part of a Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent)), an amount of the Commitments (equal to the Base Currency Amount of the amount of the Loan which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facility.
Appears in 1 contract
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 8 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penalty.
(c) No Borrower may reborrow any part of Facility A C which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds)Agreement, any part of Facility B or Facility C a Revolving Loan which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers shall not repay or prepay all or any part of the Loans or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(f) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(g) If the Agent receives a notice under this Clause 9 8 it shall promptly forward a copy of that notice to either the Company Borrowers or the affected Lender, as appropriate.
(h) If all or part of a Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent)), an amount of the Commitments (equal to the Base Currency Amount of the amount of the Loan which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facility.
Appears in 1 contract
Sources: Multicurrency Term and Revolving Facilities Agreement (Seawell LTD)
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 7 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid andand all other amounts accrued and unpaid or outstanding under the Finance Documents including any Equity Upside, subject to but without any Break Costs, without other premium or penalty.
(c) No The Borrower may not reborrow any part of the Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers Borrower shall not repay or prepay all or any part of the Loans Loan or cancel all or any part of the Commitments Commitment except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 2.2 (Increase), no amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(gf) If the Facility Agent receives a notice under this Clause 9 7 it shall promptly as soon as reasonably practicable forward a copy of that notice to either the Company Borrower or the affected Lender, as appropriate.
(hg) If all or part of a any Lender’s participation in the Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent)), an amount of the Commitments that Lender’s Commitment (equal to the Base Currency Amount of the amount of the Loan participation which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facility.
Appears in 1 contract
Sources: Senior Facility Agreement (Wanda Sports Group Co LTD)
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 7 (Prepayment and Cancellation) shall 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 and, if relevant, the part of the Loan to be prepaid or cancelled.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penalty.
(c) No Borrower may reborrow any part of the Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers No Borrower shall not repay or prepay all or any part of the Loans Loan or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(gf) If the Facility Agent receives a notice under this Clause 9 7 (Prepayment and Cancellation) it shall promptly forward a copy of that notice to either the Company Borrowers or the affected LenderLenders, as appropriate.
(hg) If all or part of a any Lender’s participation in the Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent))prepaid, an amount of the Commitments that Lender’s Commitment (equal to the Base Currency Amount of the amount of the Loan participation which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facility.
Appears in 1 contract
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 7 shall 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.
(b) Any prepayment under this Agreement and, for the avoidance of doubt, any repayment under this Clause 7 (Prepayment and Cancellation), shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penalty.
(c) Each Russian Obligor shall:
(i) in the case of a voluntary prepayment under Clause 7.5 (Voluntary prepayment of Loans), together with the notice of prepayment; and
(ii) in the case of any other prepayment under this Clause 7 (Prepayment and Cancellation), no later than at the time of prepayment, deliver to the Agent satisfactory evidence that the Russian Obligor has provided to the Account Bank all necessary documents required for registering such prepayment under the Loan Passport, and has complied with any Special Account Requirements relating to such prepayment.
(d) No Borrower may reborrow any part of the Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds), any part of Facility B or Facility C which is prepaid or repaid may be reborrowed except as provided in accordance with the terms Clause 2.2 (Increase of this AgreementTotal Facility B Commitments).
(e) The Borrowers shall not repay or prepay all or any part of the Loans or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(f) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(g) If the Agent receives a notice under this Clause 9 7 it shall promptly forward a copy of that notice to either the Company or the affected Lender, as appropriate.
(h) If all or part of a Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent)), an amount of the Commitments (equal to the Base Currency Amount of the amount of the Loan which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facility.SECTION 5 COSTS OF UTILISATION
Appears in 1 contract
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 7 (Prepayment and Cancellation) shall 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.57 EUROPE/75885978v8
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and amounts (if any) payable under the Hedging Agreements in connection with that prepayment and, subject to any Break Costs, without premium or penalty.
(c) No The Borrower may not reborrow any part of the Term Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds)Agreement, any part of the Revolving Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(e) The Borrowers Borrower shall not repay or prepay all or any part of the Loans Loan or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(f) Subject to Clause 2.3 (Increase), no No amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(g) If the Facility Agent receives a notice under this Clause 9 7 (Prepayment and Cancellation) it shall promptly forward a copy of that notice to either the Company Borrower or the affected LenderLenders and/or Hedge Counterparties, as appropriate.
(h) If all or part of a Loan under a Facility any Lender's participation in an Advance is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent)), an amount of the Commitments that ▇▇▇▇▇▇'s Commitment (equal to the Base Currency Amount of the amount of the Loan participation which is repaid or prepaid) in respect of that the relevant Facility or Tranche will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facility.
Appears in 1 contract
Restrictions. (a) Any notice of cancellation or prepayment given by any Party under this Clause 9 8 shall 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.
(b) Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penalty.
(c) No Borrower may reborrow any part of Facility A which is prepaid.
(d) Unless a contrary indication appears in this Agreement (including, for the avoidance of doubt, under Clause 9.7 (Application of Net Sale Proceeds and Insurance Proceeds), and Clause 9.8 (Application of Capital Market Issue Proceeds)Agreement, any part of the Facility B or Facility C which is prepaid or repaid may be reborrowed in accordance with the terms of this Agreement.
(ed) The Borrowers Borrower shall not repay or prepay all or any part of the Loans or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement.
(fe) Subject to Clause 2.3 2.2 (Increase), no amount of the Total Commitments cancelled under this Agreement may be subsequently reinstated.
(gf) If the Facility Agent receives a notice under this Clause 9 8 it shall promptly forward a copy of that notice to either the Company or the affected Lender, as appropriate.
(hg) If all or part of any Lender’s participation in a Loan under a Facility is repaid or prepaid and is not available for redrawing (other than by operation of Clause 4.2 (Further conditions precedent)), an amount of the Commitments that ▇▇▇▇▇▇’s Commitment (equal to the Base Currency Amount of the amount of the Loan participation which is repaid or prepaid) in respect of that Facility will be deemed to be cancelled on the date of repayment or prepayment. Any cancellation under this paragraph (h) shall reduce the Commitments of the Lenders rateably under that Facility.
Appears in 1 contract
Sources: Multicurrency Revolving Facility Agreement (H Lundbeck a S)