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 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; (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 (iv) the representations and warranties contained in this Agreement are true and correct in all material respects (except that any representation qualified as to “materiality” or “Material Adverse Effect” shall be true and correct in all respects as so qualified) on and as of the date of such extension and immediately after giving effect thereto, as though made on and as of such date (as certified by the Co‐Borrowers, or, if any such representation or warranty is expressly stated to have been made as of a specific date, as of such specific date). In connection with any extension of the Availability Period, the Co‐Borrowers, the Administrative Agent and each Lender may make such amendments to this Agreement as the Administrative Agent (acting at the written direction of the Initial Lender) and the Co‐Borrowers mutually determine to be reasonably necessary to evidence the extension. USActive 58800445.158806140.10 -67- SK 28388 0001 10656366 v3
Extension of Availability Period. (a) On or prior to the date occurring 30 days prior to the third anniversary of the Closing Date, the Borrower may, by written notice to the Administrative Agent (who shall promptly notify the Lenders), extend the ending date of the Availability Period (as described in clause (a) of the definition thereof) to the four year anniversary of the Closing Date. Upon the effective extension of the ending date of the Availability Period pursuant to this Section 2.18, the Scheduled Maturity Date is automatically extended to the ninth year anniversary of the Closing Date.
(b) Notwithstanding the foregoing, the extension of the Availability Period pursuant to this Section 2.18 is not effective unless:
(i) no Event of Default, Unmatured Event of Default or Market Trigger Event has occurred and is continuing on the date the Administrative Agent is notified of such extension;
(ii) the representations and warranties contained in this Agreement are true and correct in all material respects on and as of the date the Administrative Agent is notified of such extension and on the third anniversary of the Closing Date, as though made on and as of such date (or, if any such representation or warranty is expressly stated to have been made as of a specific date, as of such specific date); and
(iii) the Borrower has paid each Lender an extension fee in an amount equal to 0.25% of its Commitment on the date the Administrative Agent is notified of such extension, such fee being due and payable on the date the Administrative Agent is notified of such extension.
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, 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. The Availability Period shall expire automatically unless the Borrower makes a written request to the Bank not later than 90 days prior to expiration of the Availability Period requesting an extension of the Availability Period and such request is approved by the Bank prior to expiration of the Availability Period. The right of the Bank not to extend the Availability Period shall be unconditional and within its sole discretion, notwithstanding that no Event of Default exists under this Agreement.
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 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;
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
