Common use of Effectiveness of Extension Clause in Contracts

Effectiveness of Extension. If so extended, then the Initial Revolving Maturity Date shall be extended to the Extended Revolving Maturity Date, effective as of the Initial Revolving Maturity Date or such earlier date that Administrative Agent shall have determined that the Borrower shall have met the conditions set forth herein, (the “Extension Effective Date”) subject further to the Borrower’s continued satisfaction of such conditions as of the Initial Revolving Maturity Date as set forth below. Administrative Agent, Parent, and Borrower shall promptly confirm to the Lenders such extension. As a condition precedent to such extension, (i) Parent and Borrower shall deliver to Administrative Agent a certificate of each Loan Party dated as of the Extension Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of each Loan Party (A) providing evidence satisfactory to Administrative Agent that each Loan Party has taken all necessary action to authorize such extension and (B) in the case of Parent and Borrower, certifying that, before and after giving effect to such extension, (I) the representations and warranties contained in the Loan Documents are true and correct in all material respects on and as of the Extension Effective Date and (as applicable) the Initial Revolving Maturity Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct in all material respects as of such earlier date, and except that for purposes of this Section 2.14, the representations and warranties contained in Section 6.05(b) shall be deemed to refer to the most-recent statements furnished pursuant to Section 7.01(b), and (II) no Default exists before or after giving effect to such extension, with compliance with the covenants set forth in Section 8.14 being tested as of the quarter ending June 30, 2016; and (ii) Borrower shall have paid to Administrative Agent, for the account of each Lender, an extension fee in an amount equal to twenty basis points (0.20%) times such Lender’s Revolving Loan Commitment.

Appears in 2 contracts

Samples: Credit Agreement (STAG Industrial, Inc.), Credit Agreement (STAG Industrial, Inc.)

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Effectiveness of Extension. If so extended, then the Initial Revolving Maturity Date shall be extended to the Extended Revolving Maturity Date, effective as of the Initial Revolving Maturity Date or such earlier date that Administrative Agent shall have determined that the Borrower shall have met the conditions set forth herein, (the “Extension Effective Date”) subject further to the Borrower’s continued satisfaction of such conditions as of the Initial Revolving Maturity Date as set forth below. Administrative Agent, Parent, and Borrower shall promptly confirm to the Lenders such extension. As a condition precedent to such extension, (i) Parent and Borrower shall deliver to Administrative Agent a certificate of each Loan Party dated as of the Extension Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of each Loan Party (A) providing evidence satisfactory to Administrative Agent that each Loan Party has taken all necessary action to authorize such extension and (B) in the case of Parent and Borrower, certifying that, before and after giving effect to such extension, (I) the representations and warranties contained in the Loan Documents are true and correct in all material respects on and as of the Extension Effective Date and (as applicable) the Initial Revolving Maturity Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct in all material respects as of such earlier date, and except that for purposes of this Section 2.14, the representations and warranties contained in Section 6.05(b) shall be deemed to refer to the most-recent statements furnished pursuant to Section 7.01(b), and (II) no Default exists before or after giving effect to such extension, with compliance with the covenants set forth in Section 8.14 being tested as of the quarter ending June 30, 20162013; (ii) if the Appraisal Condition has been satisfied, pursuant to Section 4.08(a), Administrative Agent shall have received a new Acceptable Appraisal of each Borrowing Base Property, and (iiiii) Borrower shall have paid to Administrative Agent, for the account of each Lender, an extension fee in an amount equal to twenty thirty-five basis points (0.200.35%) times such Lender’s Revolving Loan Commitment.

Appears in 2 contracts

Samples: Credit Agreement (STAG Industrial, Inc.), Credit Agreement (STAG Industrial, Inc.)

Effectiveness of Extension. If so extended, then the Initial Revolving Maturity Date shall be extended to the Extended Revolving Maturity Date, effective as of the Initial Revolving Maturity Date or such earlier date that Administrative Agent shall have determined that the Borrower shall have met the conditions set forth herein, (the “Extension Effective Date”) subject further to the Borrower’s continued satisfaction of such conditions as of the Initial Revolving Maturity Date as set forth below. Administrative Agent, Parent, and Borrower shall promptly confirm to the Lenders such extension. As a condition precedent to such extension, (i) Parent and Borrower shall deliver to Administrative Agent a certificate of each Loan Party dated as of the Extension Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of each Loan Party (A) providing evidence satisfactory to Administrative Agent that each Loan Party has taken all necessary action to authorize such extension and (B) in the case of Parent and Borrower, certifying that, before and after giving effect to such extension, (I) the representations and warranties contained in the Loan Documents are true and correct in all material respects on and as of the Extension Effective Date and (as applicable) the Initial Revolving Maturity Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct in all material respects as of such earlier date, and except that for purposes of this Section 2.14, the representations and warranties contained in Section 6.05(b) shall be deemed to refer to the most-recent statements furnished pursuant to Section 7.01(b), and (II) no Default exists before or after giving effect to such extension, with compliance with the covenants set forth in Section 8.14 being tested as of the quarter ending June 30, 2016; and (ii) Borrower shall have paid to Administrative Agent, for the account of each Lender, an extension fee in an amount equal to twenty basis points (0.20%) times such Lender’s Revolving Loan Commitment.

Appears in 1 contract

Samples: Credit Agreement (American Realty Capital Trust III, Inc.)

Effectiveness of Extension. If so extended, then the Initial Revolving Maturity Date shall be extended to the Extended Revolving Maturity Date, effective as of the Initial Revolving Maturity Date or such earlier date that Administrative Agent shall have determined that the Borrower shall have met the conditions set forth herein, (the “Extension Effective Date”) subject further to the Borrower’s continued satisfaction of such conditions as of the Initial Revolving Maturity Date as set forth below. Administrative Agent, Parent, and Borrower shall promptly confirm to the Lenders such extension. As a condition precedent to such extension, (i) Parent and Borrower shall deliver to Administrative Agent a certificate of each Loan Party dated as of the Extension Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of each Loan Party (A) providing evidence satisfactory to Administrative Agent that each Loan Party has taken all necessary action to authorize such extension and (B) in the case of Parent and Borrower, certifying that, before and after giving effect to such extension, (I) the representations and warranties contained in the Loan Documents are true and correct in all material respects on and as of the Extension Effective Date and (as applicable) the Initial Revolving Maturity Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct in all material respects as of such earlier date, and except that for purposes of this Section 2.14, the representations and warranties contained in Section 6.05(b) shall be deemed to refer to the most-recent statements furnished pursuant to Section 7.01(b), and (II) no Default exists before or after giving effect to such extension, with compliance with the covenants set forth in Section 8.14 being tested as of the quarter ending June 30, 2016; and (ii) Borrower shall have paid to Administrative Agent, for the account of each Lender, an extension fee in an amount equal to twenty thirty-five basis points (0.200.35%) times such Lender’s Revolving Loan Commitment.

Appears in 1 contract

Samples: Credit Agreement (American Realty Capital Properties, Inc.)

Effectiveness of Extension. If so extended, then the Initial Revolving Maturity Date shall be extended to the First Extended Revolving Maturity Date, effective as of the Initial Revolving Maturity Date or such earlier date that Administrative Agent shall have determined that the Borrower shall have met the conditions set forth herein, (the "First Extension Effective Date") subject further to the Borrower’s 's continued satisfaction of such conditions as of the Initial Revolving Maturity Date as set forth below. Administrative Agent, Parent, and Borrower shall promptly confirm to the Lenders such extension. As a condition precedent to such extension, (i) Parent and Borrower shall deliver to Administrative Agent a certificate of each Loan Party dated as of the First Extension Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of each Loan Party (A) providing evidence satisfactory to Administrative Agent that each Loan Party has taken all necessary action to authorize such extension and (B) in the case of Parent and Borrower, certifying that, before and after giving effect to such extension, (I) the representations and warranties contained in the Loan Documents are true and correct in all material respects on and as of the First Extension Effective Date and (as applicable) the Initial Revolving Maturity Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct in all material respects as of such earlier date, and except that for purposes of this Section 2.142.14(a), the representations and warranties contained in Section 6.05(b) shall be deemed to refer to the most-recent statements furnished pursuant to Section 7.01(b), and (II) no Default exists before or after giving effect to such extension, with compliance with the covenants set forth in Section 8.14 being tested as of the quarter ending June 30, 2016; and (ii) Borrower shall have paid to Administrative Agent, for the account of each Lender, an extension fee in an amount equal to twenty thirty-five basis points (0.200.35%) times such Lender’s Revolving Loan 's Commitment.

Appears in 1 contract

Samples: Credit Agreement (American Realty Capital Properties, Inc.)

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Effectiveness of Extension. If so extended(and only if) Revolving Lenders (including any Person that replaces any Non-Extending Lender pursuant to Section 11.13) constituting a Majority in Interest of the Revolving Lenders have consented, then prior to the Initial anniversary of the Restatement Effective Date immediately following the delivery of the applicable Extension Request, to extend the Existing Revolving Maturity Date, then, effective as of the applicable Extension Closing Date, the Revolving Maturity Date applicable to the Extending Lenders shall be extended to the Extended Revolving Maturity Date, effective as of date falling one year after the Initial Existing Revolving Maturity Date or (or, if such earlier date that Administrative Agent shall have determined that the Borrower shall have met the conditions set forth hereinis not a Business Day, (the “Extension Effective Date”) subject further to the Borrower’s continued satisfaction of such conditions as of the Initial Revolving Maturity Date as set forth below. Administrative Agent, Parent, so extended shall be the immediately preceding Business Day); provided that no extension of the Revolving Maturity Date pursuant to this Section 2.17 shall become effective unless (the first date on which such consent of the Majority in Interest of the Revolving Lenders is obtained and Borrower shall promptly confirm the conditions specified in this proviso are satisfied with respect to the Lenders such extension. As a condition precedent to such extensionapplicable Extension being called the “Extension Closing Date”), (i) Parent no Default shall have occurred and Borrower shall deliver to Administrative Agent a certificate of each Loan Party dated as of be continuing on the Extension Effective Closing Date (in sufficient copies for each Lender) signed by a Responsible Officer of each Loan Party (A) providing evidence satisfactory to Administrative Agent that each Loan Party has taken all necessary action to authorize such extension and (B) in the case of Parent and Borrower, certifying that, before and after giving effect to such extension, (Iii) the representations and warranties contained in of the Loan Documents are Parties set forth in this Agreement or any other Loan Document shall be true and correct in all material respects (or in all respects if any such representation and warranty is already qualified by materiality), in each case, on and as of the Extension Effective Date and (as applicable) the Initial Revolving Maturity Closing Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are shall be true and correct in all material respects (or in all respects if any such representation and warranty is already qualified by materiality) as of such earlier date, and except that for purposes of this Section 2.14, the representations and warranties contained in Section 6.05(b) shall be deemed to refer to the most-recent statements furnished pursuant to Section 7.01(b), and (II) no Default exists before or after giving effect to such extension, with compliance with the covenants set forth in Section 8.14 being tested as of the quarter ending June 30, 2016; and (ii) Borrower shall have paid to Administrative Agent, for the account of each Lender, an extension fee in an amount equal to twenty basis points (0.20%) times such Lender’s Revolving Loan Commitment.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Concentrix Corp)

Effectiveness of Extension. If so extended, then the Initial Revolving First Maturity Date shall be extended to the Second Extended Revolving Maturity Date, effective as of the Initial Revolving First Extended Maturity Date or such earlier date that Administrative Agent shall have determined that the Borrower shall have met the conditions set forth herein, (the "Second Extension Effective Date") subject further to the Borrower’s 's continued satisfaction of such conditions as of the Initial Revolving First Extended Maturity Date as set forth below. Administrative Agent, Parent, and Borrower shall promptly confirm to the Lenders such extension. As a condition precedent to such extension, (i) Parent and Borrower shall deliver to Administrative Agent a certificate of each Loan Party dated as of the Second Extension Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of each Loan Party (A) providing evidence satisfactory to Administrative Agent that each Loan Party has taken all necessary action to authorize such extension and (B) in the case of Parent and Borrower, certifying that, before and after giving effect to such extension, (I) the representations and warranties contained in the Loan Documents are true and correct in all material respects on and as of the Second Extension Effective Date and (as applicable) the Initial Revolving First Extended Maturity Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct in all material respects as of such earlier date, and except that for purposes of this Section 2.142.14(b), the representations and warranties contained in Section 6.05(b) shall be deemed to refer to the most-recent statements furnished pursuant to Section 7.01(b), and (II) no Default exists before or after giving effect to such extension, with compliance with the covenants set forth in Section 8.14 being tested as of the quarter ending June 30, 2016; and (ii) Borrower shall have paid to Administrative Agent, for the account of each Lender, an a further extension fee in an amount equal to twenty thirty-five basis points (0.200.35%) times such Lender’s Revolving Loan 's Commitment.

Appears in 1 contract

Samples: Credit Agreement (American Realty Capital Properties, Inc.)

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