Common use of Effectiveness of a Redetermined Borrowing Base Clause in Contracts

Effectiveness of a Redetermined Borrowing Base. After a redetermined Borrowing Base is approved or is deemed to have been approved by all of the Lenders or the Administrative Agent and the Required Revolving Lenders, as applicable, pursuant to Section 3.03(c), the Administrative Agent shall notify the Borrower and the Lenders of the amount of the redetermined Borrowing Base (the “New Borrowing Base Notice”), and such amount shall become the new Borrowing Base, effective and applicable to the Borrower, the Administrative Agent, the Issuing Bank and the Lenders, (a) in the case of a Scheduled Redetermination, (1) if the Administrative Agent shall have received the Engineering Reports required to be delivered by the Borrower pursuant to Section 6.10(a) in a timely and complete manner, then on or about April 1st and October 1st of such year, as applicable, following such notice, or if the Administrative Agent shall not have received the Engineering Reports required to be delivered by the Borrower pursuant to Section 6.10(a) in a timely and complete manner, then on the Business Day next succeeding delivery of such notice; and (b) in the case of an Interim Redetermination, on the Business Day next succeeding delivery of such notice.Such amount shall then become the Borrowing Base until the next Scheduled Redetermination Date, the next Interim Redetermination Date or the next adjustment to the Borrowing Base under Section 3.06 or Section 6.12, whichever occurs first. Notwithstanding the foregoing, no Scheduled Redetermination or Interim Redetermination shall become effective until the New Borrowing Base Notice related thereto is received by the Borrower.

Appears in 1 contract

Samples: Credit Agreement (Exco Resources Inc)

AutoNDA by SimpleDocs

Effectiveness of a Redetermined Borrowing Base. After a redetermined Borrowing Base is approved or is deemed to have been approved by all of the Lenders or the Administrative Agent and the Required Revolving Lenders, as applicable, pursuant to Section 3.03(c), the Administrative Agent shall notify the Borrower and the Lenders of the amount of the redetermined Borrowing Base (the “New Borrowing Base Notice”), and such amount shall become the new Borrowing Base, effective and applicable to the Borrower, the Administrative Agent, the Issuing Bank and the Lenders:, (a) in the case of a Scheduled Redetermination, (1) if the Administrative Agent shall have received the Engineering Reports required to be delivered by the Borrower pursuant to Section 6.10(a) in a timely and complete manner, then on or about April 1st and October 1st of such year, as applicable, following such notice, or if the Administrative Agent shall not have received the Engineering Reports required to be delivered by the Borrower pursuant to Section 6.10(a) in a timely and complete manner, then on the Business Day next succeeding delivery of such notice; and (b) in the case of an Interim Redetermination, on the Business Day next succeeding delivery of such notice.. Such amount shall then become the Borrowing Base until the next Scheduled Redetermination Date, the next Interim Redetermination Date or the next adjustment to the Borrowing Base under Section 3.06 or Section 6.12, whichever occurs first. Notwithstanding the foregoing, no Scheduled Redetermination or Interim Redetermination shall become effective until the New Borrowing Base Notice related thereto is received by the Borrower.

Appears in 1 contract

Samples: Credit Agreement (Exco Resources Inc)

Effectiveness of a Redetermined Borrowing Base. After a redetermined Borrowing Base is approved or is deemed to have been approved by all of the Lenders or the Administrative Agent and the Required Revolving Lenders, as applicable, pursuant to Section 3.03(c), the Administrative Agent shall notify the Borrower and the Lenders of the amount of the redetermined Borrowing Base (the “New Borrowing Base Notice”), and such amount shall become the new Borrowing Base, effective and applicable to the Borrower, the Administrative Agent, the Issuing Bank and the Lenders, (a) in the case of a Scheduled Redetermination, (1) if the Administrative Agent shall have received the Engineering Reports required to be delivered by the Borrower pursuant to Section 6.10(a) in a timely and complete manner, then on or about April 1st and October 1st of such year, as applicable, following such notice, or if the Administrative Agent shall not have received the Engineering Reports required to be delivered by the Borrower pursuant to Section 6.10(a) in a timely and complete manner, then on the Business Day next succeeding delivery of such notice; and (b) in the case of an Interim Redetermination, on the Business Day next succeeding delivery of such notice.. Such amount shall then become the Borrowing Base until the next Scheduled Redetermination Date, the next Interim Redetermination Date or the next adjustment to the Borrowing Base under Section 3.06 or Section 6.12, whichever occurs first. Notwithstanding the foregoing, no Scheduled Redetermination or Interim Redetermination shall become effective until the New Borrowing Base Notice related thereto is received by the Borrower.

Appears in 1 contract

Samples: Possession Credit Agreement (Exco Resources Inc)

Effectiveness of a Redetermined Borrowing Base. After a redetermined Borrowing Base is approved or is deemed to have been approved by the Required Revolver Lenders and all of the other Revolver Lenders or the Administrative Agent and and/or the Required Revolving Revolver Lenders, as applicable, pursuant to Section 3.03(c2.2(c), the Administrative Agent shall notify the Borrower and the Lenders of the amount of the redetermined Borrowing Base (the “New Borrowing Base Notice”), and such amount shall become the new Borrowing Base, effective and applicable to the Borrower, the Administrative Agent, the Issuing Bank Lender and the Lenders, (a) : in the case of a Scheduled Redetermination, (1A) if the Administrative Agent shall have received the Engineering Reports required to be delivered by the Borrower pursuant to Section 6.10(a6.2(b) in a timely and complete manner, then on or about the April 1st and or October 1st of such year1st, as applicable, following such notice, or (B) if the Administrative Agent shall not have received the Engineering Reports required to be delivered by the Borrower pursuant to Section 6.10(aSections 6.2(b) in a timely and complete manner, then on the Business Day next succeeding delivery of such notice; and (b) in the case of an Interim Redetermination, on the Business Day next succeeding delivery of such notice.. Such amount shall then become the Borrowing Base until the next Scheduled Redetermination Date, the next Interim Redetermination Date or the next adjustment to the Borrowing Base under Section 3.06 6.12 or Section 6.127.4, whichever occurs first. Notwithstanding the foregoing, no Scheduled Redetermination or Interim Redetermination shall become effective until the New Borrowing Base Notice related thereto is received by the Borrower.

Appears in 1 contract

Samples: Loan Agreement (Ram Energy Resources Inc)

AutoNDA by SimpleDocs

Effectiveness of a Redetermined Borrowing Base. After a redetermined Borrowing Base is approved or is deemed to have been approved by all of the Lenders or the Administrative Agent and the Required Revolving Majority Lenders, as applicable, pursuant to Section 3.03(c2.07(c)(iii), the Administrative Agent shall notify the Borrower and the Lenders of the amount of the redetermined Borrowing Base (the “New Borrowing Base Notice”), and such amount shall become the new Borrowing Base, effective and applicable to the Borrower, the Administrative Agent, the Issuing Bank and the Lenders, (a) : • in the case of a Scheduled Redetermination, (1) o if the Administrative Agent shall have received the Engineering Reports required to be delivered by the Borrower pursuant to Section 6.10(a8.12(a) and (c) in a timely and complete manner, then on the May 1st or about April 1st and October 1st of such yearNovember 1st, as applicable, following such notice, or o if the Administrative Agent shall not have received the Engineering Reports required to be delivered by the Borrower pursuant to Section 6.10(a8.12(a) and (c) in a timely and complete manner, then on the Business Day next succeeding delivery of such notice; and (b) in the case of an Interim Redetermination, on the Business Day next succeeding delivery of such notice.. Such amount shall then become the Borrowing Base until the next Scheduled Redetermination Date, the next Interim Redetermination Date or the next adjustment to the Borrowing Base under Section 3.06 2.07(e), Section 2.07(f), Section 8.13(c), Section 9.05(n)(iii), or Section 6.129.12, whichever occurs first. Notwithstanding the foregoing, no Scheduled Redetermination or Interim Redetermination shall become effective until the New Borrowing Base Notice related thereto is received by the Borrower.

Appears in 1 contract

Samples: Credit Agreement (Diamondback Energy, Inc.)

Effectiveness of a Redetermined Borrowing Base. After a redetermined Borrowing Base is approved or is deemed to have been approved by all of the Lenders or the Administrative Agent and the Required Revolving Lenders, as applicable, pursuant to Section 3.03(c2.14(c)(iii), the Administrative Agent shall promptly thereafter notify the Borrower and the Lenders of the amount of the redetermined Borrowing Base (the “New Borrowing Base Notice”), and such amount shall become the new Borrowing Base, effective and applicable to the Borrower, the Administrative Agent, the Issuing Bank Letter of Credit Issuer and the Lenders, (a) in the case of a Scheduled Redetermination, (1i) if the Administrative Agent shall have received the Engineering Reports required to be delivered by the Borrower pursuant to Section 6.10(a9.12(a) in a timely and complete manner, then on January 1, 2021 or about April 1st and October 1st of such yearJuly 1, 2021, as applicableapplicable (or, in each case, such date promptly thereafter as reasonably practicable), following such notice, or (ii) if the Administrative Agent shall not have received the Engineering Reports required to be delivered by the Borrower pursuant to Section 6.10(a9.12(a) in a timely and complete manner, then on the Business Day next succeeding delivery of such notice; and (b) in the case of an Interim Redetermination, on the Business Day next succeeding delivery of such notice.New Borrowing Base Notice. Such amount shall then become the Borrowing Base until the next Scheduled Redetermination Date, the next Interim Redetermination Date or the next adjustment to the Borrowing Base under Section 3.06 or Section 6.12, whichever occurs first. Notwithstanding the foregoing, no Scheduled Redetermination or Interim Redetermination shall become effective until the New Borrowing Base Notice related thereto is received by the Borrower.

Appears in 1 contract

Samples: Assignment and Acceptance Agreement (Denbury Resources Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.