Common use of Extension of Revolving Termination Date Clause in Contracts

Extension of Revolving Termination Date. (a) Not earlier than April 30, 1998 and not later than April 30, 1999, and, if the Revolving Termination Date has previously been extended pursuant to this Section 2.15, not earlier than the April 30 of the year immediately prior to the year in which the Revolving Termination Date then occurs, and not later than the April 30 of the year in which the Revolving Termination Date then occurs, the Company may, at its option, request that all the Banks extend the Revolving Termination Date by one year by means of a letter, addressed to the Agent and each Bank, substantially in the form of Exhibit I; provided, however, that notwithstanding the foregoing, the Revolving Termination Date shall occur on the date that the Commitments terminate pursuant to Section 9.02 or the Revolving Commitments are terminated pursuant to Section 2.05. The Revolving Termination Date shall be extended by one year if all of the Banks consent (in each Bank's sole and absolute discretion) to such extension, such consent to be given by executing and delivering to the Agent, no later than 15 Business Days after its receipt of such letter, a counterpart of such letter; provided, that, if, one or more Banks decline to consent to the extension of the Revolving Termination Date, any Bank's consent to such extension shall be nullified, and the Revolving Termination Date shall not be extended. If any Bank fails to execute and deliver such letter on or before the expiration of the aforesaid 15 Business Day period, such Bank shall be deemed to have declined to consent to extend the Revolving Termination Date, and the Revolving Termination Date shall not be extended. (b) In each instance that the Revolving Termination Date shall have been extended pursuant to subsection (a) of this Section, the date on which the first installment of principal is due under clause (i) of subsection 2.07(b) shall be extended to the last Business Day of the year in which the Revolving Termination Date (as so extended) occurs (such last Business Day, the "First Principal Payment Date"), and the date on which the last installment of principal is due under clause (ii) of subsection 2.07(b) shall be extended to the last Business Day in June of the year which is five years after the year in which the First Principal Payment Date occurs.

Extension of Revolving Termination Date. (a) Not earlier than April 30, 1998 and not later than April 30, 1999, and, if the Revolving Termination Date has previously been extended pursuant to this Section 2.15, not earlier than the April 30 Provided that no Default or Event of Default exists as of the year immediately prior to the year in which the Revolving Termination Date then occurs, and not later than the April 30 date of the year in which the Revolving Termination Date then occursRequest, the Company may, at its optionby irrevocable written notice ("Request") to the Agent and each Bank delivered no earlier than 60 days and no later than 30 days before the then-applicable Revolving Termination Date, request that all the Banks to extend the Revolving Termination Date by one year by means of a letter, addressed to the Agent and each Bank, substantially in the form of Exhibit I; provided, however, that notwithstanding the foregoing, the Revolving Termination Date shall occur on the date that is 364 days after the Commitments terminate pursuant to Section 9.02 or the Revolving Commitments are terminated pursuant to Section 2.05. The then-current Revolving Termination Date shall be extended by one year if all of the Banks consent (in each Bank's sole and absolute discretion) to such extension, such consent to be given by executing and delivering to the AgentDate. Each Bank shall, no later than 15 Business Days 20 days after its receipt the date of such letterRequest, a counterpart of such letter; provided, that, if, one or more Banks decline to consent give written notice to the extension of the Revolving Termination Date, any Bank's consent to such extension shall be nullified, and the Revolving Termination Date shall not be extended. If any Bank fails to execute and deliver such letter on or before the expiration of the aforesaid 15 Business Day period, Agent stating whether such Bank shall be deemed to have declined to consent agrees to extend the Revolving Termination Date, and in its sole discretion. If the Agent receives such agreement by such date from each of the Banks, provided there exists no Default or Event of Default on the then-current Revolving Termination Date, the Revolving Termination Date shall be extended for 364 days and the Agent shall promptly notify the Bank and the Company of such extension. If any Bank fails to respond to the Request within the time specified above, it shall be deemed to have declined the Request. If less than all the Banks shall agree to such extension, the extension contemplated in this Section may nonetheless occur with respect to the consenting Banks, provided that any such extension shall be conditioned upon an agreement to such extension by Banks with at least 80% of the aggregate Commitments. The Agent shall notify the Company and each of the Banks as to which Banks have agreed to such extension and as to the new Revolving Termination Date as a result thereof, or that such extension shall not be extended. (b) occur, as the case may be. In each instance the event that the Revolving Termination Date shall have been is extended pursuant to subsection (a) of this Section, the date on which the first installment of principal is due under clause (i) of subsection 2.07(b) shall be extended to the last Business Day by some but not all of the year in which Banks, on the existing Revolving Termination Date for any Bank not extending (as so extended) occurs (such last Business Day, the each a "First Principal Payment DateNon- Continuing Bank"), the Company shall repay all Loans of such Non-Continuing Bank, together with all accrued and the date on which the last installment of principal is due unpaid interest thereon, and all fees and other amounts (including amounts arising under clause (iiSection 3.04(d)) of subsection 2.07(b) owing to such Non-Continuing Bank, and upon such payment each such Non-Continuing Bank shall be extended cease to constitute a Bank hereunder, except with respect to the last Business Day in June indemnification provisions of the year this Agreement, which is five years after the year in which the First Principal Payment Date occursshall survive as to such Non- Continuing Bank.

Extension of Revolving Termination Date. (a) Not earlier than April 30, 1998 and not later than April 30, 1999, and, if the Revolving Termination Date has previously been extended pursuant to this Section 2.15, not earlier than the April 30 of the year immediately prior to the year in which the Revolving Termination Date then occurs, and not later than the April 30 of the year in which the Revolving Termination Date then occurs, the The Company may, at its option, may request that all the Banks extend the Revolving Termination Date for successive one-year periods by notifying the Banks and the Agent in writing on a day not more than two years and thirty (30) days and not less than two years prior to the then-existing Revolving Termination Date. If all Banks consent to such an extension, the Banks shall so notify the Company and the Agent in writing no later than one year and two hundred twenty-five (225) days prior to the then- existing Revolving Termination Date. If all Lenders provide the Company and Agent with such a written notice the Revolving Termination Date shall be extended for an additional one-year period. If any Bank in its sole discretion does not provide the written notice evidencing its consent as herein provided, the request for extension shall be deemed denied by means all Banks. (b) If any Bank shall fail to consent to an extension as provided in Section 2.14(a) above (a "Dissenting Bank"), the Company may: (i) request the Dissenting Bank to use its best efforts to obtain a replacement bank or financial institution satisfactory to the Company to acquire and assume all of such Dissenting Bank's Loans and Commitment which replacement Bank would consent to the requested extension (a "Replacement Bank"); (ii) request one more of the other Banks to acquire and assume all or part of such Dissenting Bank's Loans and Commitment; or (iii) designate a Replacement Bank. Any such designation of a letterReplacement Bank under clause (i) or (iii) shall be subject to the prior written consent of the Agent (which consent shall not be unreasonably withheld). Upon the designation and acceptance of a Replacement Bank, addressed the Dissenting Bank agrees to assign all of its interest in the Loans and its Commitment to the Replacement Bank pursuant to documentation reasonably acceptable to the Dissenting Bank and the Replacement Bank. Upon the consummation of any such assignment, if all other Banks have previously provided the written notice agreeing to extend the Revolving Termination Date as contemplated by Section 2.14(a) above and have not revoked such notice in a writing delivered to the Agent and each Bank, substantially in the form of Exhibit I; provided, however, that notwithstanding the foregoingCompany, the Revolving Termination Date shall occur on the date that the Commitments terminate pursuant to Section 9.02 or the Revolving Commitments are terminated pursuant to Section 2.05. The Revolving Termination Date shall be automatically extended by one for an additional one-year if all of the Banks consent (in each Bank's sole and absolute discretion) to such extension, such consent to be given by executing and delivering to the Agent, no later than 15 Business Days after its receipt of such letter, a counterpart of such letter; provided, that, if, one or more Banks decline to consent to the extension of the Revolving Termination Date, any Bank's consent to such extension shall be nullified, and the Revolving Termination Date shall not be extended. If any Bank fails to execute and deliver such letter on or before the expiration of the aforesaid 15 Business Day period, such Bank shall be deemed to have declined to consent to extend the Revolving Termination Date, and the Revolving Termination Date shall not be extended. (b) In each instance that the Revolving Termination Date shall have been extended pursuant to subsection (a) of this Section, the date on which the first installment of principal is due under clause (i) of subsection 2.07(b) shall be extended to the last Business Day of the year in which the Revolving Termination Date (as so extended) occurs (such last Business Day, the "First Principal Payment Date"), and the date on which the last installment of principal is due under clause (ii) of subsection 2.07(b) shall be extended to the last Business Day in June of the year which is five years after the year in which the First Principal Payment Date occurs.