Common use of Extension of Commitments Clause in Contracts

Extension of Commitments. The Borrower may, upon not less than 30 days but no earlier than 60 days notice prior to the then current Termination Date to the Servicing Agent (which shall notify each Bank of receipt of such request), propose to extend the Termination Date for an additional one-year period measured from the Termination Date then in effect. Each Bank shall endeavor to respond to such request, whether affirmatively or negatively (such determination in the sole discretion of such Bank), by notice to the Borrower and the Servicing Agent not less than 28 days prior to the then current Termination Date. Subject to the execution by the Borrower, the Administrative Agents and such Banks of a duly completed Extension Agreement in substantially the form of Exhibit F, the Termination Date applicable to the Commitment of each Bank so affirmatively notifying the Borrower and the Servicing Agent shall be extended for the period specified above; provided that the Termination Date shall not be extended unless Banks having at least 66 2/3% in aggregate amount of the Commitments in effect at the time any such extension is requested shall have elected so to extend their Commitments. Any Bank which does not give such notice to the Borrower and the Servicing Agent shall be deemed to have elected not to extend as requested, and the Commitment of each non-extending Bank shall terminate on, and each of its outstanding Loans shall mature on a date

Appears in 1 contract

Sources: Credit Agreement (Clorox Co /De/)

Extension of Commitments. The On no more than two separate occasions, the Borrower may, upon not less than 30 days but no earlier than 60 days days' notice prior to the then current Termination Date to the Servicing Administrative Agent (which shall notify each Bank of receipt of such request), propose to extend the Termination Date Dates for an one additional one-year period measured from the Termination Date Dates then in effect. Each Bank shall endeavor to respond to such request, whether affirmatively or negatively (such determination in the sole discretion of such Bank), by notice to the Borrower and the Servicing Administrative Agent not less than 28 within 15 days prior to the then current Termination Dateof receipt of such request. Subject to the execution by the Borrower, the Administrative Agents Agent and such Banks of a duly completed Extension Agreement in substantially the form of Exhibit FH, the Termination Date applicable to the Commitment of each Bank so affirmatively notifying the Borrower and the Servicing Administrative Agent shall be extended for the period specified above; provided that the no Termination Date of any Bank shall not be extended unless Banks having at least 66 2/3% in aggregate amount of the Commitments in effect at the time any such extension is requested shall have elected so to extend their Commitments. Any Bank which does not give such notice to the Borrower and the Servicing Administrative Agent shall be deemed to have elected not to extend as requested, and the Commitment of each non-extending Bank shall terminate onon its Termination Date determined without giving effect to such requested extension. The Borrower, and each of at its outstanding Loans shall mature on discretion, will have the right at any time pursuant to Section 2.17 to seek a datereplacement bank or other financial institution for any Bank which does not elect to extend its Commitment.

Appears in 1 contract

Sources: Credit Agreement (Neiman Marcus Group Inc)

Extension of Commitments. The Borrower may, upon not less than 30 45 days but no earlier than 60 days notice prior to the then current Termination Date to the Servicing Agent (which shall notify each Bank of receipt of such request), propose to extend the Termination Date for an additional one-year period measured from the Termination Date then in effect. Each Bank shall endeavor to respond to such request, whether affirmatively or negatively (such determination in the sole discretion of such Bank), by notice to the Borrower and the Servicing Agent not more than 45 days nor less than 28 days prior to the then current Termination Date. Subject to the execution by the Borrower, the Administrative Agents and such Banks of a duly completed Extension Agreement in substantially the form of Exhibit FH, the Termination Date applicable to the Commitment of each Bank so affirmatively notifying the Borrower and the Servicing Agent shall be extended for the period specified above; provided that the Termination Date shall not be extended unless Banks having at least 66 2/3% in aggregate amount of the Commitments in effect at the time any such extension is requested shall have elected so to extend their Commitments. Any Bank which does not give such notice to the Borrower and the Servicing Agent shall be deemed to have elected not to extend as requested, and the Commitment of each non-extending Bank shall terminate on, and each of its outstanding Loans shall mature on a datedate no later than, the Termination Date determined without giving effect to such requested extension. The Borrower shall have the right, with the assistance of the Administrative Agents, to seek a mutually satisfactory substitute bank or banks or other financial institution (which may be, but need not be, an extending Bank) to replace a non-extending Bank.

Appears in 1 contract

Sources: Credit Agreement (Clorox Co /De/)

Extension of Commitments. The Borrower may, upon notice to the Administrative Agent not less than 30 60 days but no earlier more than 60 90 days notice prior to any anniversary of the then current Termination Date to the Servicing Agent (which shall notify each Bank of receipt of such request)Effective Date, propose to extend the Commitment Termination Date Dates for an additional one-year period measured from the Commitment Termination Date Dates then in effect. The Administrative Agent shall promptly notify the Banks of receipt of such request. Each Bank shall endeavor to respond to such request, whether affirmatively or negatively (such determination in the sole discretion of such Bank), by notice to the Borrower and the Servicing Administrative Agent not less than 28 days prior to the then current Termination Datewithin 30 days. Subject to the execution by the Borrower, the Administrative Agents Agent and such Banks of a duly completed Extension Agreement in substantially the form of Exhibit FE, the Commitment Termination Date applicable to the Commitment of each Bank so affirmatively notifying the Borrower and the Servicing Administrative Agent shall be extended for the period specified above; provided that the no Commitment Termination Date of any Bank shall not be extended unless Banks having Commitments in an aggregate amount equal to at least 66 2/351% in aggregate amount of the Commitments in effect at the time any such extension is requested shall have elected so to extend their Commitments. Any Bank which does not give such notice to the Borrower and the Servicing Administrative Agent shall be deemed to have elected not to extend as requested, and the Commitment of each non-extending Bank shall terminate onon its Commitment Termination Date determined without giving effect to such requested extension. The Borrower may, and each of its outstanding Loans shall mature on in accordance with Section 8.06, designate another bank or other financial institution (which may be, but need not be, an extending Bank) to replace a datenon-extending Bank.

Appears in 1 contract

Sources: Credit Agreement (Duke Energy CORP)

Extension of Commitments. The On no more than six separate occasions, the Borrower may, upon not less than 30 45 days but no earlier than 60 days notice prior to the then current Commitment Termination Date Dates to the Servicing Administrative Agent (which shall notify each Bank of receipt of such request), propose to extend the Termination Date Revolving Credit Periods for an additional one-year period 364 days measured from the Commitment Termination Date Dates then in effect. Each Bank shall endeavor to respond to such request, whether affirmatively or negatively (such determination in the sole discretion of such Bank), by notice to the Borrower and the Servicing Administrative Agent not less than 28 30 days prior to the then current such Bank's Commitment Termination Date. Subject to the execution by the Borrower, the Administrative Agents Agent and such Banks of a duly completed Extension Agreement in substantially the form of Exhibit FH, the Commitment Termination Date applicable to the Commitment of each Bank so affirmatively notifying the Borrower and the Servicing Administrative Agent shall be extended for the period specified above; provided PROVIDED that the no Commitment Termination Date of any Bank shall not be extended unless Banks having at least 66 2/3% in aggregate amount of the Commitments in effect at the time any such extension is requested shall have elected so to extend their Commitments. Any Bank which does not give such notice to the Borrower and the Servicing Administrative Agent shall be deemed to have elected not to extend as requested, and the Commitment of each non-extending Bank shall terminate onon its Commitment Termination Date determined without giving effect to such requested extension. The Borrower may, and each of its outstanding Loans shall mature on in accordance with Section 8.06, designate another bank or other financial institution (which may be, but need not be, an extending Bank) to replace a datenon-extending Bank.

Appears in 1 contract

Sources: Credit Agreement (Duke Energy Corp)

Extension of Commitments. The Borrower may, upon not less than 30 days but no earlier than 60 45 days notice prior to the then current Termination Date to the Servicing Agent (which shall notify each Bank of receipt of such request), propose to extend the Termination Date for an additional one-year period measured from the Termination Date then in effect. Each Bank shall endeavor to respond to such request, whether affirmatively or negatively (such determination in the sole discretion of such Bank), by notice to the Borrower and the Servicing Agent not less than 28 within 30 days prior to the then current Termination Dateof its receipt of such request. Subject to the execution by the Borrower, the Administrative Agents and such Banks of a duly completed Extension Agreement in substantially the form of Exhibit FH (or other comparable documentation satisfactory to the Borrower and the Administrative Agents), the Termination Date applicable to the Commitment of each Bank so affirmatively notifying the Borrower and the Servicing Agent shall be extended for the period specified above; provided that the Termination Date shall not be extended unless Banks having at least 66 2/3% in aggregate amount of the Commitments in effect at the time any such extension is requested shall have elected so to extend their Commitments. Any Bank which does not give such notice to the Borrower and the Servicing Agent shall be deemed to have elected not to extend as requested, and the Commitment of each non-extending Bank shall terminate on, and each of its outstanding Loans shall mature on a datedate no later than, the Termination Date determined without giving effect to such requested extension. The Borrower shall have the right, with the assistance of the Administrative Agents, to seek a mutually satisfactory substitute bank or banks or other financial institution (which may be, but need not be, an extending Bank) to replace a non-extending Bank.”

Appears in 1 contract

Sources: Credit Agreement (Clorox Co /De/)

Extension of Commitments. The (a) On no more than two separate occasions, the Borrower may, upon not less than 30 days but no earlier than 60 days notice prior to the then current Termination Date to the Servicing Administrative Agent (which shall notify each Bank of receipt of such request), propose to extend the Termination Date Dates for an one additional one-year period measured from the Termination Date Dates then in effect. Each Bank shall endeavor to respond to such request, whether affirmatively or negatively (such determination in the sole discretion of such Bank), by notice to the Borrower and the Servicing Administrative Agent not less than 28 within 15 days prior to the then current Termination Dateof receipt of such request. Subject to the execution by the Borrower, the Administrative Agents Agent and such Banks of a duly completed Extension Agreement in substantially the form of Exhibit FH, the Termination Date applicable to the Commitment of each Bank so affirmatively notifying the Borrower and the Servicing Administrative Agent shall be extended for the period specified above; provided that the no Termination Date of any Bank shall not be extended unless Banks having at least 66 2/3% in aggregate amount of the Commitments in effect at the time any such extension is requested shall have elected so to extend their Commitments. Any Bank which does not give such notice to the Borrower and the Servicing Administrative Agent shall be deemed to have elected not to extend as requested, and the Commitment of each non-extending Bank shall terminate onon its Termination Date determined without giving effect to such requested extension. The Borrower, and each of at its outstanding Loans shall mature on discretion, will have the right at any time pursuant to Section 2.16 to seek a datereplacement bank or other financial institution for any Bank which does not elect to extend its Commitment.

Appears in 1 contract

Sources: Credit Agreement (Harcourt General Inc)

Extension of Commitments. The On no more than four separate occasions, the Borrower may, upon not less than 30 45 days but no earlier than 60 days notice prior to the then current Commitment Termination Date Dates to the Servicing Administrative Agent (which shall notify each Bank of receipt of such request), propose to extend the Commitment Termination Date Dates for an additional one-year period measured from the Commitment Termination Date Dates then in effect. Each Bank shall endeavor to respond to such request, whether affirmatively or negatively (such determination in the sole discretion of such Bank), by notice to the Borrower and the Servicing Administrative Agent not more than 45 days nor less than 28 days prior to the then current such Bank's Commitment Termination Date. Subject to the execution by the Borrower, the Administrative Agents Agent and such Banks of a duly completed Extension Agreement in substantially the form of Exhibit FH, the Commitment Termination Date applicable to the Commitment of each Bank so affirmatively notifying the Borrower and the Servicing Administrative Agent shall be extended for the period specified above; provided that the no Commitment Termination Date of any Bank shall not be extended unless Banks having Commitments in an aggregate amount equal to at least 66 2/3% in aggregate amount of the Commitments in effect at the time any such extension is requested shall have elected so to extend their Commitments. Any Bank which does not give such notice to the Borrower and the Servicing Administrative Agent shall be deemed to have elected not to extend as requested, and the Commitment of each nonextending Bank shall terminate on its Commitment Termination Date determined without giving effect to such requested extension. The Borrower may, in accordance with Section 8.06, designate another bank or other financial institution (which may be, but need not be, an extending Bank) to replace a non-extending Bank shall terminate on, and each of its outstanding Loans shall mature on a dateBank.

Appears in 1 contract

Sources: Credit Agreement (Duke Energy Corp)

Extension of Commitments. The On no more than four separate occasions, the Borrower may, upon not less than 30 45 days but no earlier than 60 days notice prior to the then current Commitment Termination Date Dates to the Servicing Administrative Agent (which shall notify each Bank of receipt of such request), propose to extend the Termination Date Revolving Credit Periods for an additional one-year period 364 days measured from the Commitment Termination Date Dates then in effect. Each Bank shall endeavor to respond to such request, whether affirmatively or negatively (such determination in the sole discretion of such Bank), by notice to the Borrower and the Servicing Administrative Agent not more than 45 days nor less than 28 30 days prior to the then current such Bank's Commitment Termination Date. Subject to the execution by the Borrower, the Administrative Agents Agent and such Banks of a duly completed Extension Agreement in substantially the form of Exhibit FH, the Commitment Termination Date applicable to the Commitment of each Bank so affirmatively notifying the Borrower and the Servicing Administrative Agent shall be extended for the period specified above; provided that the no Commitment Termination Date of any Bank shall not be extended unless Banks having at least 66 2/3% 66*% in aggregate amount of the Commitments in effect at the time any such extension is requested shall have elected so to extend their Commitments. Any Bank which does not give such notice to the Borrower and the Servicing Administrative Agent shall be deemed to have elected not to extend as requested, and the Commitment of each non-extending Bank shall terminate onon its Commitment Termination Date determined without giving effect to such requested extension. The Borrower may, and each of its outstanding Loans shall mature on in accordance with Section 8.06, designate another bank or other financial institution (which may be, but need not be, an extending Bank) to replace a datenon-extending Bank.

Appears in 1 contract

Sources: By Laws (Duke Energy Corp)