Common use of Extension of Commitments Clause in Contracts

Extension of Commitments. (a) On no more than two separate occasions, the Borrower may, upon not less than 30 days notice prior to the then current Termination Date to the Administrative Agent (which shall notify each Bank of receipt of such request), propose to extend the Termination Dates for one additional year measured from the 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 within 15 days of receipt of such request. 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 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 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 Termination Date determined without giving effect to such requested extension. The Borrower, at its discretion, will have the right at any time pursuant to Section 2.16 to seek a replacement bank or other financial institution for any Bank which does not elect to extend its Commitment.

Appears in 1 contract

Samples: Credit Agreement (Harcourt General Inc)

AutoNDA by SimpleDocs

Extension of Commitments. (a) On no more than two four separate occasions, the Borrower may, upon not less than 30 45 days but no earlier than 60 days notice prior to the then current Commitment Termination Date Dates to the Administrative Agent (which shall notify each Bank of receipt of such request), propose to extend the Termination Dates Revolving Credit Periods for one an additional year 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 within 15 not more than 45 days of receipt of nor less than 30 days prior to such requestBank'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% 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 BorrowerBorrower may, at its discretionin accordance with Section 8.06, will have the right at any time pursuant to Section 2.16 to seek a replacement designate another bank or other financial institution for any Bank (which does may be, but need not elect be, an extending Bank) to extend its Commitmentreplace a non-extending Bank.

Appears in 1 contract

Samples: By Laws (Duke Energy Corp)

Extension of Commitments. (a) On no more than two separate occasions, the Borrower may, upon not less than 30 days days' notice prior to the then current Termination Date to the Administrative Agent (which shall notify each Bank of receipt of such request), propose to extend the Termination Dates for one additional year measured from the 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 within 15 days of receipt of such request. 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 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 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 Termination Date determined without giving effect to such requested extension. The Borrower, at its discretion, will have the right at any time pursuant to Section 2.16 2.17 to seek a replacement bank or other financial institution for any Bank which does not elect to extend its Commitment.

Appears in 1 contract

Samples: Credit Agreement (Neiman Marcus Group Inc)

Extension of Commitments. (a) On no more than two separate occasions, the The Borrower may, upon not less than 30 days but no earlier than 60 days notice prior to the then current Termination Date to the Administrative Servicing Agent (which shall notify each Bank of receipt of such request), propose to extend the Termination Dates Date for one an additional one-year period measured from the 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 within 15 not less than 28 days of receipt of such requestprior to 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 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 that no 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 Termination Date determined without giving effect to such requested extension. The Borrower, at its discretion, will have the right at any time pursuant to Section 2.16 to seek a replacement bank or other financial institution for any Bank which does not elect to extend its Commitment.date

Appears in 1 contract

Samples: Credit Agreement (Clorox Co /De/)

Extension of Commitments. (a) On no more than two four separate occasions, the Borrower may, upon not less than 30 45 days but no earlier than 60 days notice prior to the then current Commitment Termination Date Dates to the Administrative Agent (which shall notify each Bank of receipt of such request), propose to extend the Commitment Termination Dates for one an additional 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 within 15 not more than 45 days of receipt of nor less than 28 days prior to such requestBank'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 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 BorrowerBorrower may, at its discretionin accordance with Section 8.06, will have the right at any time pursuant to Section 2.16 to seek a replacement designate another bank or other financial institution for any Bank (which does may be, but need not elect be, an extending Bank) to extend its Commitmentreplace a non-extending Bank.

Appears in 1 contract

Samples: Credit Agreement (Duke Energy Corp)

AutoNDA by SimpleDocs

Extension of Commitments. (a) On no more than two separate occasions, the The Borrower may, upon not less than 30 45 days notice prior to the then current Termination Date to the Administrative Servicing Agent (which shall notify each Bank of receipt of such request), propose to extend the Termination Dates Date for one an additional one-year period measured from the 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 within 15 30 days of its receipt of such request. 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 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 that no 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 a date no later than, the Termination Date determined without giving effect to such requested extension. The Borrower, at its discretion, will Borrower shall have the right at any time pursuant to Section 2.16 right, with the assistance of the Administrative Agents, to seek a replacement mutually satisfactory substitute bank or banks or other financial institution for any Bank (which does may be, but need not elect be, an extending Bank) to extend its Commitmentreplace a non-extending Bank.”

Appears in 1 contract

Samples: Credit Agreement (Clorox Co /De/)

Extension of Commitments. (a) On no more than two separate occasions, the The Borrower may, upon not less than 30 days notice prior to the then current Termination Date to the Administrative Agent (which not less than 60 days but no more than 90 days prior to any anniversary of the Effective Date, propose to extend the Commitment Termination Dates for an additional one-year period measured from the Commitment Termination Dates then in effect. The Administrative Agent shall promptly notify each Bank the Banks of receipt of such request), propose to extend the Termination Dates for one additional year measured from the 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 within 15 days of receipt of such request30 days. 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 HE, 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 Commitments in an aggregate amount equal to at least 66 2/351% 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 BorrowerBorrower may, at its discretionin accordance with Section 8.06, will have the right at any time pursuant to Section 2.16 to seek a replacement designate another bank or other financial institution for any Bank (which does may be, but need not elect be, an extending Bank) to extend its Commitmentreplace a non-extending Bank.

Appears in 1 contract

Samples: Credit Agreement (Duke Energy CORP)

Extension of Commitments. (a) On no more than two six separate occasions, the Borrower may, upon not less than 30 45 days but no earlier than 60 days notice prior to the then current Commitment Termination Date Dates to the Administrative Agent (which shall notify each Bank of receipt of such request), propose to extend the Termination Dates Revolving Credit Periods for one an additional year 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 within 15 not less than 30 days of receipt of prior to such requestBank'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% 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 BorrowerBorrower may, at its discretionin accordance with Section 8.06, will have the right at any time pursuant to Section 2.16 to seek a replacement designate another bank or other financial institution for any Bank (which does may be, but need not elect be, an extending Bank) to extend its Commitmentreplace a non-extending Bank.

Appears in 1 contract

Samples: Credit Agreement (Duke Energy Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!