Extension of Availability Period. (a) The Borrower may, by notice to the Administrative Agent following the two year anniversary of the Closing Date, request the Administrative Agent to extend the Availability Period End Date.
(b) The Administrative Agent, with the written consent of each Lender (other than any Defaulting Lender), shall advise the Borrower whether the Lenders agree to any requested extension of the Availability Period End Date within thirty (30) days after the Borrower has given notice to the Administrative Agent that it requests an extension of the Availability Period End Date; provided, that if the Lenders do not agree to any requested extension, the Borrower may renew its request for an extension at any time or from time to time prior to the end of the Availability Period End Date then in effect; provided further, that the Administrative Agent’s failure to respond within such period shall constitute the Administrative Agent’s denial of the requested extension.
(c) Any such request to extend the Availability Period End Date shall be effective only upon the written agreement of the Administrative Agent, the Lenders, the Borrower, and the Guarantor. Upon entering into such written agreement, the date referenced in the definition of “Availability Period End Date” shall be automatically extended for the amount of time agreed to by the Administrative Agent, the Lenders, the Borrower, and the Guarantor. This Section shall supersede any provisions in Section 10.2 to the contrary.
Extension of Availability Period. Section 1.2 of the Agreement is amended as follows:
Extension of Availability Period. (a) The Borrower may, by notice to the Administrative Agent not later than thirty (30) days prior to the end of the Availability Period End Date then in effect hereunder, request that the Administrative Agent and the Lenders extend the Availability Period End Date then in effect for an additional period of thirty-six months such that the new Availability Period End Date under this Agreement will be the Monthly Payment Date occurring in the thirty-sixth month after the month in which the Borrower’s extension request is granted by the Administrative Agent (if so granted). There shall be no limit on the Borrower’s ability to submit multiple requests for extension of the Availability Period End Date then in effect as it is the parties’ intent that this Agreement may be renewed for successive thirty-six month periods.
(b) The Administrative Agent, with the written consent of each Lender (other than any Defaulting Lender), shall advise the Borrower whether the Lenders agree to any requested extension of the Availability Period End Date within thirty (30) days after the Borrower has given notice to the Administrative Agent that it requests an extension of the Availability Period End Date; provided, that if the Lenders do not agree to any requested extension, the Borrower may renew its request for an extension at any time or from time to time prior to the end of the Availability Period End Date then in effect; provided further, that the Administrative Agent’s failure to respond within such period shall constitute the Administrative Agent’s denial of the requested extension.
(c) Any such request to extend the Availability Period End Date shall be subject to the following conditions: (i) any such extension of the Availability Period End Date will be effective only upon the written agreement of the Administrative Agent, the Lenders and the Borrower, and (ii) the Administrative Agent shall have received payment in full of the Loan Extension Fee on or prior to the then applicable Availability Period End Date. Upon satisfaction of the foregoing conditions, the date referenced in the definition of “Availability Period End Date” shall be automatically extended for an additional thirty-six months after the date that the Borrower’s extension request is granted by the Administrative Agent. This Section shall supersede any provisions in Section 10.2 to the contrary.
Extension of Availability Period. The last day of the then current Availability Period shall be extended for a period of not more than six (6) Months, if the Borrower provides the Lender with a written request for such extension by no later than the date falling five (5) Business Days prior to the end of the then current Availability Period, but so that the last day of the Availability Period shall not, in any case, extend beyond the earlier of (a) the date falling 12 Months from the date of this Agreement and (b) 30
Extension of Availability Period. The Borrower may, by notice to the Administrative Agent following the two year anniversary of the Closing Date, request the Administrative Agent to extend the Availability Period End Date.
Extension of Availability Period. To reflect the agreement of the parties to extend the period during which Revolving Loans will be made and Letters of Credit will be issued under the Credit Agreement, effective as of the Effective Date (as defined in Paragraph 6 below), the definition of the term "Revolving Loan Maturity Date" set forth in the Glossary is hereby amended to delete the date "July 31, 2000" appearing in subparagraph (a) thereof and to replace the same with the date "June 1, 2002."
Extension of Availability Period. The Borrower may, not earlier than 60 days nor later than 30 days prior to the original expiry date of the Availability Period (or if extended pursuant to this Clause 5.7, the expiry date of the extended Availability Period), request by notice to the Facility Agent (who will promptly notify the Revolving Facility Banks) that the Availability Period be extended to a date which is not later than 364 days after the then applicable expiry date. The Borrower may request (without any limitation on the number of such requests which can be made) that the Availability Period be extended pursuant to this Clause for additional periods of 364 days each from any then applicable expiry date of the Availability Period. If any Revolving Facility Bank notifies the Facility Agent that it agrees to extend the Availability Period then the Availability Period will be extended in relation to that Revolving Facility Bank accordingly, whether or not any other Revolving Facility Bank extends provided that no extension of the Availability Period pursuant to this Clause shall be permitted (a) after a Term-out Advance has been made or requested pursuant to paragraph (b) of Clause 7.1 (Repayment of Revolving Facility Advances and Term-out Advances) or (b) if the Requisite Extension Majority is not achieved. No Revolving Facility Bank is under any obligation of any kind to agree to the Borrower’s request to extend and any Revolving Facility Bank which fails to respond or reply within 15 Business Days of the Borrower’s request will be deemed to have declined to extend. Back to Contents
Extension of Availability Period. The Borrower may, at any time prior to the date that is 90 days prior to the last date of the Availability Period, deliver a written notice to the Lender requesting an extension of the Availability Period. In the sole discretion of the Lender, the Availability Period shall be extended to a date one year after the last date of the then current Availability Period and in accordance with the other terms and conditions as may be agreed from time-to-time by the Borrower and the Lender. As a condition precedent to the effectiveness of any such extension, the Borrower shall pay to the Lender any applicable Extension Fee on the Extension Date.
Extension of Availability Period. (a) The Administrative Borrower may by written noticerequest to the Administrative Agent (no later than 10 Business Days prior to the expiration of the original Availability Period) extend the Availability Period to March 23, 2025 or such latera date as may be agreed upon by the Lenders (such date, the “Availability Period Extension Date”, and such election, an “Availability Period Extension”).
(b) Notwithstanding the foregoing, the extension of the Availability Period pursuant to this Section 2.17 shall not be effective with respect to any Lender unless: (i) on or prior to the date the Administrative Borrower requests an Availability Period Extension, the Co‐Borrowers shall have paid in full any and all accrued and unpaid interest and all costs and expenses of the Secured Parties that are due and payable under this Agreement; (ii) no Event of Default or any other Market Trigger Event shall have occurred and be continuing on the date of such extension and immediately after giving effect thereto; (iii) the Co‐Borrowers shall pay to the Administrative Agent for the account of each Lender an extension fee equal 0.25% of such Lender’s Pro Rata Share of the Maximum Facility Amount; and -69- USActive 58806140.10 -69-60444631.4 SK 28388 0001 10656366 v3
Extension of Availability Period. (a) The Administrative Borrower may by written notice to the Administrative Agent (no later than 10 Business Days prior to the expiration of the original Availability Period) extend the Availability Period to March 23, 2025 or such later date as may be agreed upon by the Lenders (such date, the “Availability Period Extension Date”, and such election, an “Availability Period Extension”).
(b) Notwithstanding the foregoing, the extension of the Availability Period pursuant to this Section 2.17 shall not be effective with respect to any Lender unless: (i) on or prior to the date the Administrative Borrower requests an Availability Period Extension, the Co‐Borrowers shall have paid in full any and all accrued and unpaid interest and all costs and expenses of the Secured Parties that are due and payable under this Agreement;
