Common use of Requests; Approval by All Banks Clause in Contracts

Requests; Approval by All Banks. Upon or promptly after delivery by the Borrower of the quarterly financial statements to be provided under Section 7.3.1 [Quarterly Financial Statements] for the fiscal - 35 - 38 quarter ending on or about October 31, 2001 or for the third quarter of any subsequent fiscal year, the Borrower may request a 364-day extension of the 364-Day Loan Expiration Date by written notice to the Banks, and the Banks agree to respond to the Borrower's request for an extension by within sixty (60) days following receipt of the request; provided, however, that (1) Borrower shall not be permitted to extend the 364-Day Loan Expiration Date to a date which is after the Revolving Credit Expiration Date, and (2) the failure of any Bank to respond within such time period shall not in any manner constitute an agreement by such Bank to extend the 364-Day Loan Expiration Date. If all Banks elect to extend, the 364-Day Loan Expiration Date shall be extended for a period of 364 days. If one or more Banks decline to extend or do not respond to Borrower's request, the provisions of Section 2.11.2 shall apply.

Requests; Approval by All Banks. Upon or promptly after delivery by the Borrower of the quarterly annual financial statements to be provided under Section 7.3.1 8.3.2 [Quarterly Annual Financial Statements] for the fiscal - 35 - 38 quarter year ending on September 30, 2003 or about October 31, 2001 or for the third quarter of any subsequent fiscal yearyear (but in any case, no earlier than sixty (60) days prior to the 364-Day Loan Expiration Date), the Borrower may request a 364-day an extension of the 364-Day Loan Expiration Date by written notice to the 364-Day Banks, and the 364-Day Banks agree to respond to the Borrower's ’s request for an extension by within sixty the later of thirty (6030) days following receipt of the requestrequest or December 1st of such year; provided, however, that (1) Borrower shall not be permitted to extend the 364-Day Loan Expiration Date to a date which is after the Revolving Credit Expiration Date, and (2) the failure of any 364-Day Bank to respond within such time period shall not in any manner constitute an agreement by such 364-Day Bank to extend the 364-Day Loan Expiration Date. If all 364-Day Banks elect to extend, extend the 364-Day Loan Expiration Date shall be extended for a an additional period of 364 daysdays commencing on the 364-Day Loan Expiration Date with respect to which the extension was granted. If one or more 364-Day Banks decline to extend or do not respond to Borrower's ’s request, the provisions of Section 2.11.2 2.10.2 shall apply.

Requests; Approval by All Banks. Upon or promptly after delivery by the Borrower of the quarterly annual financial statements to be provided under Section 7.3.1 8.3.2 [Quarterly Annual Financial Statements] for the fiscal - 35 - 38 quarter year ending on September 30, 2003 or about October 31, 2001 or for the third quarter of any subsequent fiscal yearyear (but in any case, no earlier than sixty (60) days prior to the 364-Day Loan Expiration Date), the Borrower may request a 364-day an extension of the 364-Day Loan Expiration Date by written notice to the 364-Day Banks, and the 364-Day Banks agree to respond to the Borrower's request for an extension by within sixty the later of thirty (6030) days following receipt of the requestrequest or December 1st of such year; provided, however, that (1) Borrower shall not be permitted to extend the 364-Day Loan Expiration Date to a date which is after the Revolving Credit Expiration Date, and (2) the failure of any 364-Day Bank to respond within such time period shall not in any manner constitute an agreement by such 364-Day Bank to extend the 364-Day Loan Expiration Date. If all 364-Day Banks elect to extend, extend the 364-Day Loan Expiration Date shall be extended for a an additional period of 364 daysdays commencing on the 364-Day Loan Expiration Date with respect to which the extension was granted. If one or more 364-Day Banks decline to extend or do not respond to Borrower's request, the provisions of Section 2.11.2 2.10.2 shall apply.