Common use of Extension of Commitments Clause in Contracts

Extension of Commitments. (a) Subject to Clause 32.4 (Requirement to offer extension of Commitments to all Lenders) the Company and any Lender may agree that: (i) the Availability Period and Final Repayment Date applicable to such participation be extended; and (ii) if any extension as referred to in paragraph (a) applies, the Margin applicable to the relevant participation should be adjusted. (b) Following any agreement as referred to in paragraph (a) above, the Company and the relevant Lender(s) may notify the Agent, giving details of the applicable agreement (the “Extension Agreement”). (c) Promptly following notification in accordance with paragraph (b) above, the Agent shall, at the cost of the Company, agree with the Company on behalf of the Finance Parties such amendments to the Finance Documents as may be necessary or appropriate to give effect to the Extension Agreement (which may for the avoidance of doubt include designating the affected participations as loans under a new facility). (d) The Agent shall promptly provide to each of the Finance Parties copies of any amendment agreement entered into pursuant to paragraph (c) above.

Appears in 3 contracts

Samples: Facility Agreement (Alibaba Group Holding LTD), Facility Agreement (Alibaba Group Holding LTD), Facility Agreement (Alibaba Group Holding LTD)

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Extension of Commitments. (a) Subject to Clause 32.4 (Requirement to offer extension of Commitments to all Lenders) ), the Company and any Lender may agree that: (i) the Availability Period and Final Repayment Date applicable to such participation be extended; and (ii) if any extension as referred to in paragraph (a) applies, the Margin applicable to the relevant participation should be adjusted. (b) Following any agreement as referred to in paragraph (a) above, the Company and the relevant Lender(s) may notify the Agent, giving details of the applicable agreement (the “Extension Agreement”). (c) Promptly following notification in accordance with paragraph (b) above, the Agent shall, at the cost of the Company, agree with the Company on behalf of the Finance Parties such amendments to the Finance Documents as may be necessary or appropriate to give effect to the Extension Agreement (which may for the avoidance of doubt include designating the affected participations as loans under a new facility). (d) The Agent shall promptly provide to each of the Finance Parties copies of any amendment agreement entered into pursuant to paragraph (c) above.

Appears in 2 contracts

Samples: Facility Agreement, Facility Agreement (Alibaba Group Holding LTD)

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Extension of Commitments. (a) Subject to Clause 32.4 34.4 (Requirement to offer extension of Commitments to all Lenders) the Company and any Lender may agree that: (i) the Availability Period and Final Repayment Date applicable to such participation be extended; and (ii) if any extension as referred to in paragraph (a) applies, the Margin applicable to the relevant participation should be adjusted. (b) Following any agreement as referred to in paragraph (a) above, the Company and the relevant Lender(s) may notify the Agent, giving details of the applicable agreement (the “Extension Agreement”). (c) Promptly following notification in accordance with paragraph (b) above, the Agent shall, at the cost of the Company, agree with the Company on behalf of the Finance Parties such amendments to the Finance Documents as may be necessary or appropriate to give effect to the Extension Agreement (which may for the avoidance of doubt include designating the affected participations as loans under a new facility). (d) The Agent shall promptly provide to each of the Finance Parties copies of any amendment agreement entered into pursuant to paragraph (c) above.

Appears in 1 contract

Samples: Facility Agreement (Alibaba Group Holding LTD)

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