GAIA » Topics » Mandatory Prepayments

This excerpt taken from the GAIA 10-Q filed Aug 9, 2005.
Mandatory Prepayments”) in each of the following events:  (a) in the event any of the Eligible Inventory is the subject of a Casualty Event, Borrower shall, within three (3) Banking Days of the occurrence of the Casualty Event, provide Lender with an updated Borrowing Base Certificate, taking into account the effects of the Casualty Event on the amount of Eligible Inventory and, based on such updated Borrowing Base Certificate (and upon its approval by Lender), Borrower shall make a Mandatory Prepayment as required by clause (b) of this Section; and (b) in the event that at any time the outstanding amount of all Revolving Advances, plus the amount of all Committed Advances, plus the undrawn face amount of all outstanding Letters of Credit exceeds the lesser of (i) the Revolving Commitment or (ii) the Borrowing Base, a Mandatory Prepayment in the amount of such excess.  Mandatory Prepayments under clauses (a) and (b) shall be due no later than three (3) Banking Days after the occurrence of the condition requiring such Mandatory Prepayment.


5.6                                 Payments on Banking Days.  Whenever any payment to be made hereunder shall be stated to be due on a day that is not a Banking Day, such payment shall be made on the next succeeding Banking Day and such extension of time shall be included in the computation of the interest or of any fees due hereunder, as the case may be.


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