A PREPAYMENT OF THE LOAN AND
THE DISCRETIONARY CREDIT OBLIGATIONS TO BE APPLIED AS PROVIDED IN SECTION 4.4.2
THE LESSER OF (A) THE AMOUNT OF SUCH PAYMENT OF THE INTER-COMPANY NOTE OR (B)
THE SUM OF (I) THE AMOUNT OF THE LOAN PLUS (II) THE AMOUNT OF THE DISCRETIONARY
CREDIT OBLIGATIONS THEN OUTSTANDING.
4.3.
VOLUNTARY PREPAYMENTS.
IN ADDITION TO THE PREPAYMENTS REQUIRED BY
SECTION 4.2, THE COMPANY MAY FROM TIME TO TIME PREPAY ALL OR ANY PORTION OF THE
LOAN (IN A MINIMUM AMOUNT OF $1,000,000 AND AN INTEGRAL MULTIPLE OF $250,000, OR
SUCH LESSER AMOUNT AS IS THEN OUTSTANDING), WITHOUT PREMIUM OR PENALTY OF ANY
TYPE.
THE COMPANY SHALL GIVE THE LENDERS AT LEAST FIVE BUSINESS DAYS PRIOR
NOTICE OF ITS INTENTION TO PREPAY THE LOAN UNDER THIS SECTION 4.3, SPECIFYING
THE DATE OF PAYMENT, THE TOTAL AMOUNT OF THE LOAN TO BE PAID ON SUCH DATE AND
THE AMOUNT OF INTEREST TO BE PAID WITH SUCH PREPAYMENT.
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4.4.
REBORROWING; APPLICATION OF PAYMENTS, ETC.
4.4.1.
REBORROWING.
NO PORTION OF THE LOAN PREPAID HEREUNDER MAY BE
REBORROWED.
4.4.2.
ORDER OF APPLICATION.
ANY PREPAYMENT MADE PURSUANT TO SECTION 4.2 SHALL
BE APPLIED:
(A) FIRST, TO ANY DISCRETIONARY CREDIT OBLIGATIONS THEN OUTSTANDING
TO THE EXTENT REQUIRED BY THE TERMS OF THE AGREEMENTS AND INSTRUMENTS EVIDENCING
SUCH DISCRETIONARY CREDIT OBLIGATIONS; AND (B) SECOND, TO THE LOAN.
ANY
PREPAYMENT OF DISCRETIONARY CREDIT OBLIGATIONS MADE PURSUANT TO SECTION 4.2
SHALL BE APPLIED TO SUCH DISCRETIONARY CREDIT OBLIGATIONS IN ACCORDANCE WITH THE
TERMS OF THE AGREEMENTS AND INSTRUMENTS EVIDENCING SUCH DISCRETIONARY CREDIT
OBLIGATIONS.
4.4.3.
PAYMENT WITH ACCRUED INTEREST, ETC.
UPON ALL PREPAYMENTS OF THE LOAN
AND THE PRINCIPAL OF THE DISCRETIONARY CREDIT OBLIGATIONS, THE COMPANY SHALL PAY
TO THE AGENT, TOGETHER WITH THE PRINCIPAL AMOUNT TO BE PREPAID, UNPAID INTEREST
IN RESPECT THEREOF ACCRUED TO THE DATE OF PREPAYMENT.
NOTICE OF PREPAYMENT
HAVING BEEN GIVEN IN ACCORDANCE WITH SECTION 4.3, AND WHETHER OR NOT NOTICE IS
GIVEN OF PREPAYMENTS PURSUANT TO SECTION 4.2, THE AMOUNT SPECIFIED TO BE PREPAID
SHALL BECOME DUE AND PAYABLE ON THE DATE SPECIFIED FOR PREPAYMENT.
4.4.4.
PAYMENTS FOR LENDERS.
ALL PAYMENTS OF PRINCIPAL, INTEREST, FEES AND
OTHER AMOUNTS HEREUNDER SHALL BE MADE TO THE AGENT FOR THE ACCOUNT OF THE
LENDERS IN ACCORDANCE WITH THE LENDERS' RESPECTIVE PERCENTAGE INTERESTS IN THE
CREDIT OBLIGATIONS SO REPAID.
5.
CONDITIONS TO EXTENDING CREDIT.
THE OBLIGATIONS OF THE LENDERS TO MAKE THE
EXTENSION OF CREDIT PURSUANT TO SECTION 2.1 SHALL BE SUBJECT TO THE
SATISFACTION, ON OR BEFORE THE CLOSING DATE, OF THE CONDITIONS SET FORTH IN THIS
SECTION 5.
IF THE CONDITIONS SET FORTH IN THIS SECTION 5 ARE NOT MET ON OR
PRIOR TO THE CLOSING DATE, THE LENDERS SHALL HAVE NO OBLIGATION TO MAKE ANY
EXTENSION OF CREDIT HEREUNDER.
5.1.
NOTES.
THE COMPANY SHALL HAVE DULY AUTHORIZED, EXECUTED AND DELIVERED TO
THE AGENT A NOTE FOR EACH LENDER.
5.2.
GUARANTEE AND SECURITY AGREEMENT.
EACH OF DRAC, THE COMPANY AND ITS
SUBSIDIARIES (OTHER THAN DOE RUN EXPLORATION) SHALL HAVE DULY AUTHORIZED,