Common use of Extension of Commitments Clause in Contracts

Extension of Commitments. On no more than six separate occasions, the Borrower may, upon not less than 45 days but no earlier than 60 days notice prior to the then current Commitment Termination Dates to the Administrative Agent (which shall notify each Bank of receipt of such request), propose to extend the Revolving Credit Periods for an additional 364 days measured from the Commitment Termination Dates then in effect. Each Bank shall endeavor to respond to such request, whether affirmatively or negatively (such determination in the sole discretion of such Bank), by notice to the Borrower and the Administrative Agent not less than 30 days prior to such Bank's Commitment Termination Date. Subject to the execution by the Borrower, the Administrative Agent and such Banks of a duly completed Extension Agreement in substantially the form of Exhibit H, the Commitment Termination Date applicable to the Commitment of each Bank so affirmatively notifying the Borrower and the Administrative Agent shall be extended for the period specified above; PROVIDED that no Commitment Termination Date of any Bank shall be extended unless Banks having at least 66 2/3% in aggregate amount of the Commitments in effect at the time any such extension is requested shall have elected so to extend their Commitments. Any Bank which does not give such notice to the Borrower and the Administrative Agent shall be deemed to have elected not to extend as requested, and the Commitment of each non-extending Bank shall terminate on its Commitment Termination Date determined without giving effect to such requested extension. The Borrower may, in accordance with Section 8.06, designate another bank or other financial institution (which may be, but need not be, an extending Bank) to replace a non-extending Bank.

Extension of Commitments. On no more than six two separate occasions, the Borrower may, upon not less than 45 days but no earlier than 60 days 30 days' notice prior to the then current Commitment Termination Dates Date to the Administrative Agent (which shall notify each Bank of receipt of such request), propose to extend the Revolving Credit Periods Termination Dates for an one additional 364 days year measured from the Commitment Termination Dates then in effect. Each Bank shall endeavor to respond to such request, whether affirmatively or negatively (such determination in the sole discretion of such Bank), by notice to the Borrower and the Administrative Agent not less than 30 within 15 days prior to of receipt of such Bank's Commitment Termination Daterequest. Subject to the execution by the Borrower, the Administrative Agent and such Banks of a duly completed Extension Agreement in substantially the form of Exhibit H, the Commitment Termination Date applicable to the Commitment of each Bank so affirmatively notifying the Borrower and the Administrative Agent shall be extended for the period specified above; PROVIDED provided that no Commitment Termination Date of any Bank shall be extended unless Banks having at least 66 2/3% in aggregate amount of the Commitments in effect at the time any such extension is requested shall have elected so to extend their Commitments. Any Bank which does not give such notice to the Borrower and the Administrative Agent shall be deemed to have elected not to extend as requested, and the Commitment of each non-extending Bank shall terminate on its Commitment Termination Date determined without giving effect to such requested extension. The Borrower mayBorrower, in accordance with at its discretion, will have the right at any time pursuant to Section 8.06, designate another 2.17 to seek a replacement bank or other financial institution (for any Bank which may be, but need does not be, an extending Bank) elect to replace a non-extending Bankextend its Commitment.

Extension of Commitments. On (i) The Commitments may be extended, if at the time no more than six separate occasionsPotential Event of Default or Event of Default has occurred and is continuing, in the Borrower maymanner and amount set forth in this Section 2.01(d), upon for a period of one year measured from the Termination Date then in effect. If the Company wishes to request an extension of each Bank's Commitment, it shall give notice to that effect to the Administrative Agent not less than 45 days but no earlier and not more than 60 55 days notice prior to each anniversary of the then current Commitment Termination Dates to Effective Date (each such anniversary, an "Anniversary Date"), whereupon the Administrative Agent (which shall promptly notify each Bank of receipt the Banks of such request), propose to extend the Revolving Credit Periods for an additional 364 days measured from the Commitment Termination Dates then in effect. Each Bank shall endeavor will use its best efforts to respond to such request, whether affirmatively or negatively (such determination negatively, as it may elect in the its sole discretion discretion, within 30 days of such Bank), by notice request to the Borrower and the Administrative Agent not less Agent, but in any event no earlier than 30 days prior to such Bank's Commitment Termination Anniversary Date. Subject If any Bank shall not have responded affirmatively within such 30-day period, such Bank shall be deemed to have rejected the execution Company's proposal to extend its Commitment, and only the Commitments of those Banks which have responded affirmatively shall be extended, subject to receipt by the Borrower, the Administrative Agent and such Banks of a duly completed counterparts of an Extension Agreement in substantially the form of Exhibit HH hereto (the "Extension Agreement") duly completed and signed by the Company, the Commitment Termination Date applicable to the Commitment of each Bank so affirmatively notifying the Borrower and the Administrative Agent and all of the Banks which have responded affirmatively. No extension of the Commitments pursuant to this Section 2.01(d) shall be extended for the period specified above; PROVIDED that no Commitment Termination Date of legally binding on any Bank shall be extended party hereto unless and until such Extension Agreement is so executed and delivered by Banks having at least 66 2/3662/3% in of the aggregate amount of the Commitments in effect at the time any such extension is requested shall have elected so to extend their Commitments. Any Bank which does not give such notice to the Borrower and the Administrative Agent shall be deemed to have elected not to extend as requested, and the Commitment of each non-extending Bank shall terminate on its Commitment Termination Date determined without giving effect to such requested extension. The Borrower may, in accordance with Section 8.06, designate another bank or other financial institution (which may be, but need not be, an extending Bank) to replace a non-extending Bank.

Extension of Commitments. On no more than six separate occasions, the The Borrower may, upon not less than 45 days but no earlier than 60 days notice prior to the then current Commitment Termination Dates to the Administrative Servicing Agent (which shall notify each Bank of receipt of such request), propose to extend the Revolving Credit Periods Termination Date for an additional 364 days one-year period measured from the Commitment Termination Dates Date then in effect. Each Bank shall endeavor to respond to such request, whether affirmatively or negatively (such determination in the sole discretion of such Bank), by notice to the Borrower and the Administrative Servicing Agent not less than within 30 days prior to of its receipt of such Bank's Commitment Termination Daterequest. Subject to the execution by the Borrower, the Administrative Agent Agents and such Banks of a duly completed Extension Agreement in substantially the form of Exhibit HH (or other comparable documentation satisfactory to the Borrower and the Administrative Agents), the Commitment Termination Date applicable to the Commitment of each Bank so affirmatively notifying the Borrower and the Administrative Servicing Agent shall be extended for the period specified above; PROVIDED provided that no Commitment the Termination Date of any Bank shall not be extended unless Banks having at least 66 2/3% in aggregate amount of the Commitments in effect at the time any such extension is requested shall have elected so to extend their Commitments. Any Bank which does not give such notice to the Borrower and the Administrative Servicing Agent shall be deemed to have elected not to extend as requested, and the Commitment of each non-extending Bank shall terminate on, and each of its outstanding Loans shall mature on its Commitment a date no later than, the Termination Date determined without giving effect to such requested extension. The Borrower mayshall have the right, in accordance with Section 8.06the assistance of the Administrative Agents, designate another to seek a mutually satisfactory substitute bank or banks or other financial institution (which may be, but need not be, an extending Bank) to replace a non-extending Bank.”

Extension of Commitments. (a) On no more than six two separate occasions, the Borrower may, upon not less than 45 days but no earlier than 60 30 days notice prior to the then current Commitment Termination Dates Date to the Administrative Agent (which shall notify each Bank of receipt of such request), propose to extend the Revolving Credit Periods Termination Dates for an one additional 364 days year measured from the Commitment Termination Dates then in effect. Each Bank shall endeavor to respond to such request, whether affirmatively or negatively (such determination in the sole discretion of such Bank), by notice to the Borrower and the Administrative Agent not less than 30 within 15 days prior to of receipt of such Bank's Commitment Termination Daterequest. Subject to the execution by the Borrower, the Administrative Agent and such Banks of a duly completed Extension Agreement in substantially the form of Exhibit H, the Commitment Termination Date applicable to the Commitment of each Bank so affirmatively notifying the Borrower and the Administrative Agent shall be extended for the period specified above; PROVIDED provided that no Commitment Termination Date of any Bank shall be extended unless Banks having at least 66 2/3% in aggregate amount of the Commitments in effect at the time any such extension is requested shall have elected so to extend their Commitments. Any Bank which does not give such notice to the Borrower and the Administrative Agent shall be deemed to have elected not to extend as requested, and the Commitment of each non-extending Bank shall terminate on its Commitment Termination Date determined without giving effect to such requested extension. The Borrower mayBorrower, in accordance with at its discretion, will have the right at any time pursuant to Section 8.06, designate another 2.16 to seek a replacement bank or other financial institution (for any Bank which may be, but need does not be, an extending Bank) elect to replace a non-extending Bankextend its Commitment.

Extension of Commitments. On no more than six separate occasions, the The Borrower may, upon not less than 45 days but no earlier than 60 days notice prior to the then current Commitment Termination Dates Date to the Administrative Servicing Agent (which shall notify each Bank of receipt of such request), propose to extend the Revolving Credit Periods Termination Date for an additional 364 days one-year period measured from the Commitment Termination Dates Date then in effect. Each Bank shall endeavor to respond to such request, whether affirmatively or negatively (such determination in the sole discretion of such Bank), by notice to the Borrower and the Administrative Servicing Agent not more than 45 days nor less than 30 28 days prior to such Bank's Commitment the then current Termination Date. Subject to the execution by the Borrower, the Administrative Agent Agents and such Banks of a duly completed Extension Agreement in substantially the form of Exhibit H, the Commitment Termination Date applicable to the Commitment of each Bank so affirmatively notifying the Borrower and the Administrative Servicing Agent shall be extended for the period specified above; PROVIDED provided that no Commitment the Termination Date of any Bank shall not be extended unless Banks having at least 66 2/3% in aggregate amount of the Commitments in effect at the time any such extension is requested shall have elected so to extend their Commitments. Any Bank which does not give such notice to the Borrower and the Administrative Servicing Agent shall be deemed to have elected not to extend as requested, and the Commitment of each non-extending Bank shall terminate on, and each of its outstanding Loans shall mature on its Commitment a date no later than, the Termination Date determined without giving effect to such requested extension. The Borrower mayshall have the right, in accordance with Section 8.06the assistance of the Administrative Agents, designate another to seek a mutually satisfactory substitute bank or banks or other financial institution (which may be, but need not be, an extending Bank) to replace a non-extending Bank. Section 2.02.

Extension of Commitments. On no more than six separate occasions, the The Borrower may, upon not less than 45 30 days but no earlier than 60 days notice prior to the then current Commitment Termination Dates Date to the Administrative Servicing Agent (which shall notify each Bank of receipt of such request), propose to extend the Revolving Credit Periods Termination Date for an additional 364 days one-year period measured from the Commitment Termination Dates Date then in effect. Each Bank shall endeavor to respond to such request, whether affirmatively or negatively (such determination in the sole discretion of such Bank), by notice to the Borrower and the Administrative Servicing Agent not less than 30 28 days prior to such Bank's Commitment the then current Termination Date. Subject to the execution by the Borrower, the Administrative Agent Agents and such Banks of a duly completed Extension Agreement in substantially the form of Exhibit HF, the Commitment Termination Date applicable to the Commitment of each Bank so affirmatively notifying the Borrower and the Administrative Servicing Agent shall be extended for the period specified above; PROVIDED provided that no Commitment the Termination Date of any Bank shall not be extended unless Banks having at least 66 2/3% in aggregate amount of the Commitments in effect at the time any such extension is requested shall have elected so to extend their Commitments. Any Bank which does not give such notice to the Borrower and the Administrative Servicing Agent shall be deemed to have elected not to extend as requested, and the Commitment of each non-extending Bank shall terminate on, and each of its outstanding Loans shall mature on its Commitment Termination Date determined without giving effect to such requested extension. The Borrower may, in accordance with Section 8.06, designate another bank or other financial institution (which may be, but need not be, an extending Bank) to replace a non-extending Bank.date

Extension of Commitments. On no more than six four separate occasions, the Borrower may, upon not less than 45 days but no earlier than 60 days notice prior to the then current Commitment Termination Dates to the Administrative Agent (which shall notify each Bank of receipt of such request), propose to extend the Revolving Credit Periods Commitment Termination Dates for an additional 364 days one-year period measured from the Commitment Termination Dates then in effect. Each Bank shall endeavor to respond to such request, whether affirmatively or negatively (such determination in the sole discretion of such Bank), by notice to the Borrower and the Administrative Agent not more than 45 days nor less than 30 28 days prior to such Bank's Commitment Termination Date. Subject to the execution by the Borrower, the Administrative Agent and such Banks of a duly completed Extension Agreement in substantially the form of Exhibit H, the Commitment Termination Date applicable to the Commitment of each Bank so affirmatively notifying the Borrower and the Administrative Agent shall be extended for the period specified above; PROVIDED provided that no Commitment Termination Date of any Bank shall be extended unless Banks having Commitments in an aggregate amount equal to at least 66 2/3% in aggregate amount of the Commitments in effect at the time any such extension is requested shall have elected so to extend their Commitments. Any Bank which does not give such notice to the Borrower and the Administrative Agent shall be deemed to have elected not to extend as requested, and the Commitment of each non-extending nonextending Bank shall terminate on its Commitment Termination Date determined without giving effect to such requested extension. The Borrower may, in accordance with Section 8.06, designate another bank or other financial institution (which may be, but need not be, an extending Bank) to replace a non-extending Bank.

Extension of Commitments. On no more than six four separate occasions, the Borrower may, upon not less than 45 days but no earlier than 60 days notice prior to the then current Commitment Termination Dates to the Administrative Agent (which shall notify each Bank of receipt of such request), propose to extend the Revolving Credit Periods for an additional 364 days measured from the Commitment Termination Dates then in effect. Each Bank shall endeavor to respond to such request, whether affirmatively or negatively (such determination in the sole discretion of such Bank), by notice to the Borrower and the Administrative Agent not more than 45 days nor less than 30 days prior to such Bank's Commitment Termination Date. Subject to the execution by the Borrower, the Administrative Agent and such Banks of a duly completed Extension Agreement in substantially the form of Exhibit H, the Commitment Termination Date applicable to the Commitment of each Bank so affirmatively notifying the Borrower and the Administrative Agent shall be extended for the period specified above; PROVIDED provided that no Commitment Termination Date of any Bank shall be extended unless Banks having at least 66 2/3% 66*% in aggregate amount of the Commitments in effect at the time any such extension is requested shall have elected so to extend their Commitments. Any Bank which does not give such notice to the Borrower and the Administrative Agent shall be deemed to have elected not to extend as requested, and the Commitment of each non-extending Bank shall terminate on its Commitment Termination Date determined without giving effect to such requested extension. The Borrower may, in accordance with Section 8.06, designate another bank or other financial institution (which may be, but need not be, an extending Bank) to replace a non-extending Bank.

Extension of Commitments. On no more than six four separate occasions, the Borrower may, upon not less than 45 days but no earlier than 60 days notice prior to the then current Commitment Termination Dates to the Administrative Agent (which shall notify each Bank of receipt of such request), propose to extend the Revolving Credit Periods Commitment Termination Dates for an additional 364 days one-year period measured from the Commitment Termination Dates then in effect. Each Bank shall endeavor to respond to such request, whether affirmatively or negatively (such determination in the sole discretion of such Bank), by notice to the Borrower and the Administrative Agent not more than 45 days nor less than 30 28 days prior to such Bank's Commitment Termination Date. Subject to the execution by the Borrower, the Administrative Agent and such Banks of a duly completed Extension Agreement in substantially the form of Exhibit H, the Commitment Termination Date applicable to the Commitment of each Bank so affirmatively notifying the Borrower and the Administrative Agent shall be extended for the period specified above; PROVIDED provided that no Commitment Termination Date of any Bank shall be extended unless Banks having Commitments in an aggregate amount equal to at least 66 2/3% in aggregate amount of the Commitments in effect at the time any such extension is requested shall have elected so to extend their Commitments. Any Bank which does not give such notice to the Borrower and the Administrative Agent shall be deemed to have elected not to extend as requested, and the Commitment of each non-extending Bank shall terminate on its Commitment Termination Date determined without giving effect to such requested extension. The Borrower may, in accordance with Section 8.06, designate another bank or other financial institution (which may be, but need not be, an extending Bank) to replace a non-extending Bank.