Common use of Commitment Termination Date Clause in Contracts

Commitment Termination Date. The Commitment shall --------------------------- terminate and the Banks shall be relieved of their obligations to make any Loan on the Commitment Termination Date. The Borrower may from time to time request an extension of the Commitment Termination Date for an additional 364 days by executing and delivering to the Agent a Commitment Termination Date Extension Request at least thirty (30) but not more than forty-five (45) days prior to the then current Commitment Termination Date, which the Agent shall promptly distribute to each of the Banks; provided that the Borrower shall not have made -------- the Term Loan Election for Loans outstanding on such Commitment Termination Date prior to such time. The Commitment Termination Date as to any Bank shall be so extended if such Bank, on or prior to the date that is not later than 20 days prior to the then current Commitment Termination Date, duly executes a counterpart of such Commitment Termination Date Extension Request; provided, -------- that any such extension shall not be effective before the then current Commitment Termination Date and provided, further, that the conditions precedent -------- ------- set forth in Section 5.2 shall have been satisfied. Each Bank may in its sole and absolute discretion withhold its consent to any such Commitment Termination Date Extension Request.

Commitment Termination Date. (a) The "Commitment shall --------------------------- terminate and the Banks Termination Date" shall be relieved the earlier to occur --------------------------- of their obligations (i) March 15, 1999 (herein, as the same may be extended, called the "Scheduled Commitment Termination Date"), and (ii) the date of termination of ------------------------------------- the Commitment pursuant to make any Loan Section 1.04(c), 1.05 or 10.02. --------------- ---- ----- (b) The Scheduled Commitment Termination Date may be extended by 364 days on the Commitment Termination Date. The Borrower may from time to time request an extension of the Commitment Termination Date for an additional 364 days by executing and delivering to the Agent a Commitment Termination Date Extension Request at least thirty then in effect; provided that (30i) but not more -------- less than forty-five (45) 90 days prior to the then current such Commitment Termination Date, which the Agent Seller shall promptly distribute have delivered a written request for such extension to each of the Banks; provided that Purchaser and the Borrower shall not have made -------- the Term Loan Election for Loans outstanding on such Commitment Termination Date Agent, and (ii) within 30 days prior to such time. The Commitment Termination Date as to any Bank shall be so extended if such Bank, on or prior to the date that is not later than 20 days prior to the then current Commitment Termination Date, duly executes a counterpart of such Commitment Termination Date Extension Request; providedthe Purchaser and the Agent, -------- that any shall each have given its written consent to such extension shall not (which consent may be effective before the then current Commitment Termination Date and provided, further, that the conditions precedent -------- ------- set forth in Section 5.2 shall have been satisfied. Each Bank may given or withheld by either such party in its sole and absolute discretion withhold its consent discretion). As a condition to any such extension, the Seller and the Servicer shall deliver such certificates, opinions of counsel or other documents as the Purchaser or the Agent may require. (c) The Commitment Termination Date Extension Requestshall terminate, and the Purchaser shall have no obligation to make any further Purchases or Reinvestments hereunder, on the scheduled date of termination of the Liquidity Banks' commitments under the Liquidity Funding Agreement. The Purchaser agrees to give the Seller and the Originator at least 30 days' prior written notice of the termination of the Commitment pursuant to the foregoing sentence, but no failure to give or delay in giving such notice shall prevent or delay such termination.

Commitment Termination Date. The Commitment shall --------------------------- terminate and the Banks shall be relieved of their obligations to make any Loan on the "Commitment Termination Date. The Borrower may from time to time request an extension of " shall be June 30, 2003 (the Commitment Termination Date for an additional 364 days by executing and delivering to the Agent a Commitment Termination Date Extension Request at least thirty (30"Existing Final Maturity") but provided, however, that not more than forty-five (45) 90 days before or less than 75 days prior to any June 30 (the then current Commitment Termination "Extension Date") after June 30, which 1997, the Agent Guarantor may make a written request to the Administrative Agent, who shall promptly distribute forward a copy of each such request to the Swingline Bank and to each of the Banks; provided , that the Borrower shall not have made -------- the Term Loan Election for Loans outstanding on such Commitment Termination Date prior to such time. The Commitment Termination Date as be extended to any Bank June 30 of any year after 2003 up to five years after the Extension Date (the "Requested New Final Maturity"). Such request shall be so extended if such Bank, on accompanied by a certificate of a senior officer of the Guarantor Credit Agreement stating that no Default or Event of Default has occurred and is continuing and that since the date of the annual consolidated financial statements received by the Banks pursuant to Section 7(a) of the Guaranty most immediately prior to the date of such request, there has been no material adverse change in the business, operations, property, assets, condition (financial or otherwise) or (to the knowledge of the Guarantor) prospects of the Guarantor or of the Guarantor and its Subsidiaries taken as a whole. Each Bank shall have the right not to agree to any such requested extension (each, a "Non-extending Bank"), provided that is not (i) subject to the following clause (ii), notice of each Bank's decision shall be provided to the Guarantor no later than 20 45 days prior to the then current Commitment Termination relevant Extension Date and (ii) each Bank that fails so to provide notice of its decision shall be deemed to be a Non-extending Bank. The Guarantor shall have the right, on or before the relevant Extension Date, duly executes so long as no Default shall have occurred and be continuing, to replace any Non-extending Bank with one or more new banks or with an existing Bank (each an "Additional Commitment Bank"), subject in the case of replacement by new banks, to the consent of the Letter of Credit Issuer (if the Total Letter of Credit Commitment is still outstanding), the Swingline Bank and the Managing Banks (such consents not to be unreasonably withheld or delayed), each of which Additional Commitment Banks shall have entered into an agreement in form and substance satisfactory to the Borrowers, the Letter of Credit Issuer (if the Total Letter of Credit Commitment is still outstanding), the Swingline Bank and the Administrative Agent pursuant to which such Additional Commitment Bank shall, effective as of the relevant Extension Date, have undertaken a counterpart Commitment (which, if such Additional Commitment Bank is already a Bank, shall be in addition to such Banks existing Commitment). In that connection, the Borrowers shall arrange for the Additional Commitment Bank(s) to purchase from, and to pay to, each Non-extending Bank the principal amount of all outstanding Loans held by such Non-extending Bank at par, together with interest thereon accrued to the repayment date and all other amounts payable hereunder to such Non-extending Bank (including any fees accrued hereunder and any amounts that would be payable under Section 2.11 as if all of such Commitment Termination Date Non-extending Bank's Loans were being prepaid on such repayment date). If the Bank acting as Swingline Bank hereunder is a Non-extending Bank, the Guarantor shall have the right, on or before the relevant Extension Request; providedDate, -------- so long as no Default shall have occurred and be continuing, to replace the Swingline Bank with one (and only one) new bank or with an existing Bank (the "Replacement Swingline Bank", subject in the case of replacement by new banks, to the consent of the Letter of Credit Issuer and the Managing Banks (such consents not to be unreasonably withheld Credit Agreement or delayed), which Replacement Swingline Bank shall have entered into an agreement in form and substance satisfactory to the Borrowers, the Letter of Credit Issuer and the Administrative Agent pursuant to which such Replacement Swingline Bank shall, effective as of the relevant Extension Date, undertaken the Swingline Commitment. In that connection, the Borrowers shall arrange for the Replacement Swingline Bank to purchase from, and to pay to, the then-current Swingline Bank the principal amount of all outstanding Swingline Loans held by the Swingline Bank at par, together with interest thereon accrued to the repayment date and all other amounts payable hereunder to such Swingline Bank. If prior to the relevant Extension Date, all of the Banks (including without limitation any new bank that replaces a Non-extending Bank) and the Swingline Bank (including without limitation any new bank that replaces the Swingline Bank) agree to any such extension requested extension, the Existing Final Maturity shall, effective as of the Extension Date, be extended to the Requested New Final Maturity; provided that (a) no Default or Event of Default shall not have occurred and be effective before continuing and (b) the then current Commitment Termination Date representations and provided, further, that the conditions precedent -------- ------- warranties set forth in Section 5.2 7 shall have been satisfied. Each Bank may in its sole be true and absolute discretion withhold its consent to any such Commitment Termination Date Extension Requestcorrect.

Commitment Termination Date. (a) The "Commitment shall Termination --------------------------- terminate and the Banks ---------------------- Date" shall be relieved the earlier to occur of their obligations to make any Loan on (i) March 30, 1998 (herein, as the same ---- may be extended, called the "Scheduled Commitment Termination Date. "), and ------------------------------------- (ii) the date of termination of the Commitment pursuant to Section 1.04(c), 1.05 --------------- ---- or 10. (b) The Borrower Scheduled Commitment Termination Date may be extended from time to time by delivery of a written request an for such extension of the Commitment Termination Date for an additional 364 days by executing and delivering to the Transferee and the Agent a Commitment Termination Date Extension Request at least thirty (30) but not more less than forty-five (45) 60 days prior to the then current Scheduled Commitment Termination Date, which the Agent shall promptly distribute to each of the Banks; provided that the Borrower shall not have made -------- the Term Loan Election for Loans outstanding on such Commitment Termination Date prior to such time. The Commitment Termination Date as to any Bank shall be so extended if such Bank, on or prior to the date that is not later than 20 Within 30 days prior to the then current Scheduled Commitment Termination Date, duly executes the Transferee and the Agent shall notify the Transferor as to whether they have given their consent to such extension (which consent may be given or withheld by either such party in its sole discretion). As a counterpart condition to any such extension, the Transferor and the Servicer shall deliver such certificates, opinions of counsel or other documents as the Transferee or the Agent may require. If such extension is approved, the Scheduled Commitment Termination Date Extension Request; providedshall be extended for 364 days from the effective date of such consent. (c) The Commitment shall terminate, -------- that any such extension shall not be effective before and the then current Commitment Termination Date and provided, further, that the conditions precedent -------- ------- set forth in Section 5.2 Transferee shall have been satisfiedno obligation to accept any further Transfers or make any further Reinvestments hereunder, on the scheduled date of termination of either (A) the Liquidity Banks' commitments under the Liquidity Agreement or (B) the Enhancement Bank's commitment under the Enhancement Agreement. Each Bank may The Transferee agrees to give the Transferor at least 30 days' prior written notice of the termination of the Commitment pursuant to the foregoing sentence, but no failure to give or delay in its sole and absolute discretion withhold its consent to any giving such Commitment Termination Date Extension Requestnotice shall prevent or delay such termination.

Commitment Termination Date. (a) The "Commitment shall --------------------------- terminate and the Banks ---------- Termination Date" shall be relieved the earlier to occur of their obligations to make any Loan on (i) March 30, 1998 (herein, ---------------- as the same may be extended, called the "Scheduled Commitment Termination -------------------------------- Date"), and (ii) the date of termination of the Commitment pursuant to Section ---- ------- 1.04(c), 1.05 or 10.02. ------- ---- ----- (b) The Scheduled Commitment Termination Date. The Borrower Date may be extended from time to time by delivery of a written request an for such extension of the Commitment Termination Date for an additional 364 days by executing and delivering to the Transferee and the Agent a Commitment Termination Date Extension Request at least thirty (30) but not more less than forty-five (45) 60 days prior to the then current Scheduled Commitment Termination Date, which the Agent shall promptly distribute to each of the Banks; provided that the Borrower shall not have made -------- the Term Loan Election for Loans outstanding on such Commitment Termination Date prior to such time. The Commitment Termination Date as to any Bank shall be so extended if such Bank, on or prior to the date that is not later than 20 Within 30 days prior to the then current Scheduled Commitment Termination Date, duly executes the Transferee and the Agent shall notify the Transferor as to whether they have given their consent to such extension (which consent may be given or withheld by either such party in its sole discretion). As a counterpart condition to any such extension, the Transferor and the Servicer shall deliver such certificates, opinions of counsel or other documents as the Transferee or the Agent may require. If such extension is approved, the Scheduled Commitment Termination Date Extension Request; providedshall be extended for 364 days from the effective date of such consent. (c) The Commitment shall terminate, -------- that any such extension shall not be effective before and the then current Commitment Termination Date and provided, further, that the conditions precedent -------- ------- set forth in Section 5.2 Transferee shall have been satisfiedno obligation to accept any further Transfers or make any further Reinvestments hereunder, on the scheduled date of termination of either (A) the Liquidity Banks' commitments under the Liquidity Agreement or (B) the Enhancement Bank's commitment under the Enhancement Agreement. Each Bank may The Transferee agrees to give the Transferor at least 30 days' prior written notice of the termination of the Commitment pursuant to the foregoing sentence, but no failure to give or delay in its sole and absolute discretion withhold its consent to any giving such Commitment Termination Date Extension Requestnotice shall prevent or delay such termination.