Common use of Termination and Reduction of the Commitments Clause in Contracts

Termination and Reduction of the Commitments. (a) Unless previously terminated, the Term Commitments and the Revolving Commitments shall terminate on the Commitment Termination Date. (b) The Company may at any time terminate, or from time to time reduce, the Commitments of either Class; provided that (i) each reduction of the Commitments pursuant to this Section shall be in an amount that is $25,000,000 or a larger multiple of $1,000,000, (ii) the Company shall not terminate or reduce the Term Commitments except to the extent required under Section 2.09, (iii) the Company shall not terminate or reduce the Revolving Commitments if, after giving effect to any concurrent prepayment of the Revolving Loans in accordance with Section 2.08, the total Revolving Exposures would exceed the total Revolving Commitments, and (iv) each request for each such reduction shall be accompanied by a certificate of a Responsible Officer demonstrating (to the reasonable satisfaction of the Administrative Agent) compliance by the Company with Section 8.04 after giving effect to such reduction. (c) The Company shall notify the Administrative Agent and the Collateral Agent of any election to terminate or reduce the Commitments of either Class under paragraph (b) of this Section at least three Business Days prior to the effective date of such termination or reduction, specifying such election and the effective date thereof. Promptly following receipt of any notice, the Administrative Agent shall advise the Lenders of the contents thereof. Each notice delivered by the Company pursuant to this Section shall be irrevocable; provided that a notice of termination of the Commitments of either Class delivered by the Company may state that such notice is conditioned upon the effectiveness of other credit facilities or upon the issuance of other indebtedness, in which case such notice may be revoked by the Company (by notice to the Administrative Agent on or prior to the specified effective date) if such condition is not satisfied. (d) The Commitments shall reduce automatically on the date of any prepayment of Loans made pursuant to this Section or Section 2.09 in an amount equal to the amount of such prepayment. (e) Any termination or reduction of the Commitments shall be permanent. Each reduction of the Commitments of a Class shall be made ratably among the Lenders with respect to such Class in accordance with their respective Commitments.

Appears in 1 contract

Sources: Credit Agreement (Iridium Operating LLC)

Termination and Reduction of the Commitments. (a) Unless previously terminatedOn the Maturity Date, the Term Commitments and the Revolving Commitments shall terminate on automatically and the outstanding balance of each Revolving Loan shall become due and payable in full. (a) The Borrower may at any time terminate in whole, pursuant to Section 5.07(c), or from time to time reduce in part, the Total Revolving Commitment, ratably among the Lenders in accordance with the amounts of their Revolving Commitments; provided, however, that the Total Revolving Commitment Termination Dateshall not be reduced at any time to an amount less than the Revolving Loans outstanding at such time. Each partial reduction of the Total Revolving Commitment shall be in a minimum $1,000,000 or an integral multiple of $500,000 in excess thereof. (b) The Company may at any time terminate, or from time to time reduce, Borrower shall provide the Commitments of either Class; provided that Program Manager with Written Notice (i) each reduction of the Commitments pursuant to this Section which shall be in an amount that is $25,000,000 or a larger multiple of $1,000,000, (iiirrevocable) the Company shall not terminate or reduce the Term Commitments except to the extent required under Section 2.09, (iii) the Company shall not terminate or reduce the Revolving Commitments if, after giving effect to any concurrent prepayment of the Revolving Loans in accordance with Section 2.08, the total Revolving Exposures would exceed the total Revolving Commitments, and (iv) each request for each such reduction shall be accompanied by a certificate of a Responsible Officer demonstrating (to the reasonable satisfaction of the Administrative Agent) compliance by the Company with Section 8.04 after giving effect to such reduction. (c) The Company shall notify the Administrative Agent and the Collateral Agent of any election to terminate or reduce the Commitments of either Class Total Revolving Commitment under paragraph (b) of this Section at least three five Business Days prior to the effective date of such termination or reduction, specifying such election and the effective date thereof. Promptly following receipt of any such notice, the Administrative Agent Program Manager shall advise the Lenders of the contents thereof. Each notice delivered by the Company pursuant to this Section shall be irrevocable; provided that a notice of termination of the Commitments of either Class delivered by the Company may state that such notice is conditioned upon the effectiveness of other credit facilities or upon the issuance of other indebtedness, in which case such notice may be revoked by the Company (by notice to the Administrative Agent on or prior to the specified effective date) if such condition is not satisfied. (dc) The Commitments On the effective date of such decrease, the Borrower shall reduce automatically on pay to each Lender, through the Program Manager, (i) the Non-Utilization Fee due and owing through and including the date of any prepayment of Loans made pursuant to this Section such termination or Section 2.09 in an amount equal to reduction on the amount of the Revolving Commitment of such prepaymentLender so terminated or reduced, and (ii) the Early Termination Fee, if any, required to be paid pursuant to Section 5.07(d). (e) Any termination or reduction of the Commitments shall be permanent. Each reduction of the Commitments of a Class shall be made ratably among the Lenders with respect to such Class in accordance with their respective Commitments.

Appears in 1 contract

Sources: Loan and Security Agreement (Five Star Quality Care Inc)