Common use of Extension of Expiration Date Clause in Contracts

Extension of Expiration Date. RenRe may, at its option, give the Administrative Agent and the Issuing Bank written notice (an “Extension Request”) at any time not more than 60 days, nor less than 30 days, prior to the Expiration Date in effect at such time (the “Current Expiration Date”) of the Credit Parties’ desire to extend the Expiration Date to a date which is not later than the first anniversary of the Current Expiration Date. The Administrative Agent shall promptly notify each Lender of such Extension Request, and each Lender shall endeavor to respond to such Extension Request, whether affirmatively or negatively (such determination to be in the sole discretion of such Lender and may be separately denied for any Account Party), by notice to RenRe and the Administrative Agent within 10 days of receipt of such request. A Lender that has not affirmatively responded within such 10-day period shall be deemed to have responded negatively. The Administrative Agent shall promptly notify RenRe of Lenders’ responses (or deemed responses) and the aggregate amount (the “Rejected Amount”) of the L/C Commitments of the Lenders (the “Rejecting Lenders”) that have not agreed to the Extension Request. If the Rejected Amount exceeds 50% of the Total Commitment (or if Xxxxx Fargo shall be a Rejecting Lender), the Current Expiration Date shall not be extended. If the Rejected Amount does not exceed 50% of the Total Commitment, RenRe shall have the right, in consultation with and through the Administrative Agent, prior to the Current Expiration Date, as the case may be, to request one or more Lenders that have agreed to the requested extension (the “Accepting Lenders”) to increase their L/C Commitments by an aggregate amount not to exceed the Rejected Amount. Each Accepting Lender shall have the right, but not the obligation, to offer to increase its L/C Commitment by an amount not to exceed the amount requested by RenRe, which offer shall be made by notice from such Accepting Lender to the Administrative Agent, not later than 10 days after such Accepting Lender is notified of such request by the Administrative Agent, specifying the amount of the offered increase in such Accepting Lender’s L/C Commitment. Such increase shall be effected on the Current Expiration Date by a pro rata assignment of a Rejecting Lender’s or Rejecting Lenders’ Letter of Credit Advances and L/C Commitment pursuant to Section 9.5 (without regard to the minimum assignment amount set forth therein), which each Rejecting Lender agrees to make. If the aggregate amount of the offered increases in the L/C Commitments of all Accepting Lenders does not equal the Rejected Amount, RenRe shall have the right, prior to the Current Expiration Date, to require the Rejecting Lender or Rejecting Lenders to assign on a pro rata basis its or their Loans and L/C Commitments to one or more Eligible Assignees (the “Purchasing Lenders”) pursuant to Section 9.5, each of which Purchasing Lenders shall have a L/C Commitment not less than $5,000,000, and which Purchasing Lenders shall have aggregate L/C Commitments not greater than the Rejected Amount less any increases in the L/C Commitments of the Accepting Lenders. Such assignment shall be effected on the Current Expiration Date. Each Purchasing Lender shall be deemed to have consented to the extension of the Current Expiration Date. If there remains any Rejected Amount after giving effect to the assignments to the Accepting Lenders and the Purchasing Lenders described in this Section 2.19, on or before the Current Expiration Date, RenRe may, by notice to the Administrative Agent, elect to reduce the Total Commitment by such remaining Rejected Amount, and, if RenRe so elects, on the Current Expiration Date, the Account Parties shall cause all Obligations owing to the applicable Rejecting Lender or Rejecting Lenders to be repaid, and upon such repayment, the Total Commitment shall be reduced by the amount of such remaining Rejected Amount. If the conditions to extension set forth above have been met, then, on the Current Expiration Date, the Expiration Date shall be deemed to have been extended to, and shall be, the date specified in such Extension Request. The Administrative Agent shall promptly after any such extension advise the Lenders of any changes in the Total Commitments and the L/C Commitment Percentages. No such extension shall become effective unless, immediately upon the proposed effectiveness thereof, the aggregate Letter of Credit Exposure would be less than the Total Commitment.

Appears in 3 contracts

Samples: Reimbursement Agreement, Reimbursement Agreement (Renaissancere Holdings LTD), Reimbursement Agreement (Renaissancere Holdings LTD)

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Extension of Expiration Date. RenRe may, at its option, give the Administrative Agent and the Issuing Bank written notice (an "Extension Request") at any time not more than 60 sixty days, nor less than 30 thirty days, prior to the Expiration Date in effect at such time (the "Current Expiration Date") of the Credit Parties' desire to extend the Expiration Date to a date which is not later than the first anniversary of 364 days after the Current Expiration Date. The Administrative Agent shall promptly notify each Lender of such Extension Request, and each Lender shall endeavor to respond to such Extension Request, whether affirmatively or negatively (such determination to be in the sole discretion of such Lender and may be separately denied for any Account Party), by notice to RenRe and the Administrative Agent within 10 days of receipt of such request. A Lender that has not affirmatively responded within such 10-day period shall be deemed to have responded negatively. The Administrative Agent shall promptly notify RenRe of Lenders' responses (or deemed responses) and the aggregate amount (the "Rejected Amount") of the L/C Commitments of the Lenders (the "Rejecting Lenders") that have not agreed to the Extension Request. If the Rejected Amount exceeds 50% of the Total Commitment (or if Xxxxx Fargo Wachovia shall be a Rejecting Lender), the Current Expiration Date shall not be extended. If the Rejected Amount does not exceed 50% of the Total Commitment, RenRe shall have the right, in consultation with and through the Administrative Agent, prior to the Current Expiration Date, as the case may be, to request one or more Lenders that have agreed to the requested extension (the "Accepting Lenders") to increase their L/C Commitments by an aggregate amount not to exceed the Rejected Amount. Each Accepting Lender shall have the right, but not the obligation, to offer to increase its L/C Commitment by an amount not to exceed the amount requested by RenRe, which offer shall be made by notice from such Accepting Lender to the Administrative Agent, not later than 10 days after such Accepting Lender is notified of such request by the Administrative Agent, specifying the amount of the offered increase in such Accepting Lender’s 's L/C Commitment. Such increase shall be effected on the Current Expiration Date by a pro rata assignment of a Rejecting Lender’s 's or Rejecting Lenders' Letter of Credit Advances and L/C Commitment pursuant to Section 9.5 SECTION 9.05 (without regard to the minimum assignment amount set forth therein), which each Rejecting Lender agrees to make. If the aggregate amount of the offered increases in the L/C Commitments of all Accepting Lenders does not equal the Rejected Amount, RenRe shall have the right, prior to the Current Expiration Date, to require the Rejecting Lender or Rejecting Lenders to assign on a pro rata basis its or their Loans and L/C Commitments to one or more Eligible Assignees (the "Purchasing Lenders") pursuant to Section 9.5SECTION 9.05, each of which Purchasing Lenders shall have a L/C Commitment not less than $5,000,000, and which Purchasing Lenders shall have aggregate L/C Commitments not greater than the Rejected Amount less any increases in the L/C Commitments of the Accepting Lenders. Such assignment shall be effected on the Current Expiration Date. Each Purchasing Lender shall be deemed to have consented to the extension of the Current Expiration Date. If there remains any Rejected Amount after giving effect to the assignments to the Accepting Lenders and the Purchasing Lenders described in this Section SECTION 2.19, on or before the Current Expiration Date, RenRe may, by notice to the Administrative Agent, elect to reduce the Total Commitment by such remaining Rejected Amount, and, if RenRe so elects, on the Current Expiration Date, the Account Parties shall cause all Obligations owing to the applicable Rejecting Lender or Rejecting Lenders to be repaid, and upon such repayment, the Total Commitment shall be reduced by the amount of such remaining Rejected Amount. If the conditions to extension set forth above have been met, then, on the Current Expiration Date, the Expiration Date shall be deemed to have been extended to, and shall be, the date specified in such Extension Request. The Administrative Agent shall promptly after any such extension advise the Lenders of any changes in the Total Commitments and the L/C Commitment Letter of Credit Participating Interest Percentages. No such extension shall become effective unless, immediately upon the proposed effectiveness thereof, the aggregate Letter of Credit Exposure would be less than the Total Commitment.

Appears in 2 contracts

Samples: Reimbursement Agreement (Renaissancere Holdings LTD), Reimbursement Agreement (Renaissancere Holdings LTD)

Extension of Expiration Date. RenRe mayLessee may request in writing (the "Extension Option Request") to Agent Lessor and each of the Participants that each of the Participants agrees that Lessee be granted the right (the "Extension Option") pursuant to the Lease to extend the Term (the "Lease Extension") for two (2) additional one-year periods commencing on the last day of the then current Term, at its optionas applicable (each, give a "Lease Renewal Term"), and that the Administrative maturity date for the Certificates be correspondingly extended to the extended Expiration Date. Such Extension Option Request must be delivered in writing to Agent Lessor and the Issuing Bank written notice (an “Extension Request”) at any time each Participant not later than 180 days nor more than 60 days, nor less than 30 days, 270 days prior to the Expiration Date in effect at such time (the “Current Expiration Date”) expiration of the Credit Parties’ desire Base Term and the end of the initial Lease Renewal Term, as applicable. Each Participant will notify Agent Lessor in writing of whether or not it has consented to extend the Expiration Date to a date which is such Extension Option Request not later than the first anniversary 45 days after receipt of the Current Expiration Extension Option Request (the "Extension Option Response Date"). The Administrative Any Participant who does not so notify Agent shall promptly notify each Lender of such Lessor by the Extension RequestOption Response Date will be deemed to be, and each Lender any Participant that has notified Agent Lessor that it has not consented to an Extension Option Request will be, a "Non-Consenting Participant". Each Participant's determination with respect to an Extension Option Request shall endeavor to respond to be a new credit determination and within such Extension Request, whether affirmatively or negatively (such determination to be in the Participant's sole and absolute discretion of such Lender and may be separately denied for any Account Party)conditioned upon such terms and conditions as deemed appropriate by the consenting Participants, by notice to RenRe and the Administrative Agent within 10 days of including receipt of such requestfinancial information, documentation or other information or conditions as may be requested by such Participant and the receipt of a satisfactory appraisal of the Premises. A Lender The Extension Option shall become effective as of the first date (the "Extension Effective Date") on or after the Extension Option Response Date on which all of the Participants (other than Non-Consenting Participants who have been replaced by Replacement Participants in accordance with Section 10.2(b)) and Replacement Participants shall have consented to such Lease Extension; provided that has not affirmatively responded within such 10-day period on both the date of the Extension Option Request and the Extension Effective Date: (w) each of the representations and warranties made by Agent Lessor and Lessee in or pursuant to the Operative Documents shall be deemed true and correct in all material respects as if made on and as of each such date (except to the extent any such representation or warranty specifically relates to an earlier date), (x) Lessee shall not have responded negatively. The Administrative elected the Purchase Option or Sale Option, (y) no Default or Event of Default shall have occurred and be continuing, and (z) on each of such dates, Agent Lessor shall promptly notify RenRe have received a certificate of Lenders’ responses Lessee as to the matters set forth in clauses (or deemed responsesx) and (y) above; and provided further that in no event shall the Extension Effective Date occur unless each of the Participants (other than Non-Consenting Participants who have been replaced in accordance with Section 10.2) and the aggregate amount (the “Rejected Amount”) of the L/C Commitments of the Lenders (the “Rejecting Lenders”) that have not agreed to the Extension Request. If the Rejected Amount exceeds 50% of the Total Commitment (or if Xxxxx Fargo Replacement Participants shall be a Rejecting Lender), the Current Expiration Date shall not be extended. If the Rejected Amount does not exceed 50% of the Total Commitment, RenRe shall have the right, in consultation with and through the Administrative Agent, prior to the Current Expiration Date, as the case may be, to request one or more Lenders that have agreed to the requested extension (the “Accepting Lenders”) to increase their L/C Commitments by an aggregate amount not to exceed the Rejected Amount. Each Accepting Lender shall have the right, but not the obligation, to offer to increase its L/C Commitment by an amount not to exceed the amount requested by RenRe, which offer shall be made by notice from such Accepting Lender to the Administrative Agent, not later than 10 days after such Accepting Lender is notified of such request by the Administrative Agent, specifying the amount of the offered increase in such Accepting Lender’s L/C Commitment. Such increase shall be effected on the Current Expiration Date by a pro rata assignment of a Rejecting Lender’s or Rejecting Lenders’ Letter of Credit Advances and L/C Commitment pursuant to Section 9.5 (without regard to the minimum assignment amount set forth therein), which each Rejecting Lender agrees to make. If the aggregate amount of the offered increases in the L/C Commitments of all Accepting Lenders does not equal the Rejected Amount, RenRe shall have the right, prior to the Current Expiration Date, to require the Rejecting Lender or Rejecting Lenders to assign on a pro rata basis its or their Loans and L/C Commitments to one or more Eligible Assignees (the “Purchasing Lenders”) pursuant to Section 9.5, each of which Purchasing Lenders shall have a L/C Commitment not less than $5,000,000, and which Purchasing Lenders shall have aggregate L/C Commitments not greater than the Rejected Amount less any increases in the L/C Commitments of the Accepting Lenders. Such assignment shall be effected on the Current Expiration Date. Each Purchasing Lender shall be deemed to have consented to the extension of the Current Expiration Date. If there remains any Rejected Amount after giving effect to the assignments to the Accepting Lenders and the Purchasing Lenders described in this Section 2.19, Extension Option Request on or before the Current Expiration expiration of the Base Term. At any time after the Extension Option Response Date, RenRe mayas applicable, by notice Lessee shall be permitted to replace any Non-Consenting Participant with a Replacement Participant pursuant to the Administrative Agent, elect to reduce terms and conditions set forth in Section 10.2(b). Following the Total Commitment by such remaining Rejected Amount, and, if RenRe so elects, on the Current Expiration Extension Effective Date, the Account Parties shall cause all Obligations owing to the applicable Rejecting Lender or Rejecting Lenders to be repaid, and upon such repayment, the Total Commitment Lessee's election of each Lease Renewal Term shall be reduced by the amount of such remaining Rejected Amount. If the conditions to extension set forth above have been met, then, on the Current Expiration Date, the Expiration Date shall be deemed to have been extended undertaken pursuant to, and shall bebe subject to the terms and conditions set forth in, Section 19.1(a) of the date specified in such Extension Request. The Administrative Agent shall promptly after any such extension advise the Lenders of any changes in the Total Commitments and the L/C Commitment Percentages. No such extension shall become effective unless, immediately upon the proposed effectiveness thereof, the aggregate Letter of Credit Exposure would be less than the Total CommitmentLease.

Appears in 1 contract

Samples: Participation Agreement (Adc Telecommunications Inc)

Extension of Expiration Date. RenRe may, at its option, give The Revolving Credit Commitment of the Administrative Agent Lenders shall expire and shall be automatically reduced to zero on the Issuing Bank written notice (an “Extension Request”) at any time Expiration Date. Not later than 45 days and not more sooner than 60 days, nor less than 30 days, prior to days immediately preceding the Expiration Date then in effect at such time (effect, if the “Current Expiration Date”) of Borrower wishes the Credit Parties’ desire Lenders to extend the Expiration Date for an additional period (not to a date which is not later than exceed 300 days) beyond the first anniversary of Expiration Date then in effect, the Current Expiration DateBorrower shall so advise the Agent in writing (an "Extension Request"). The Administrative Agent shall thereupon promptly notify each Lender of the Lenders of such Extension RequestRequest of the Borrower. Within 20 days of its receipt of such Extension Request from the Borrower, the Agent shall notify the Borrower as to whether the Lenders have agreed so to extend the Expiration Date and, if so, as to any additional or different terms on which such extension is conditioned (the determination of the Lenders as to whether to agree to such extension and upon what terms being in the sole, absolute and unconditional discretion of each Lender Lender). If such notice contains any such additional or different terms, the Borrower shall endeavor advise the Agent in writing within 5 days next following receipt of such notice from the Agent as to respond whether the Borrower agrees to such terms. If the Borrower notifies the Agent that it so agrees, or if the Agent's notice that the Lenders have agreed to extend the Expiration Date contains no such additional or different terms, the Expiration Date shall automatically be extended for the additional period requested by the Borrower. If the Agent fails to notify the Borrower within 20 days of the Agent's receipt of any Extension Request from the Borrower as specified above as to whether the Lenders have agreed to such Extension Request, whether affirmatively or negatively (such determination to be in the sole discretion of such Lender and may be separately denied for any Account Party), by notice to RenRe and the Administrative Agent within 10 days of receipt of such request. A Lender that has not affirmatively responded within such 10-day period Lenders shall be deemed not to have responded negatively. The Administrative Agent shall promptly notify RenRe of Lenders’ responses (or deemed responses) and the aggregate amount (the “Rejected Amount”) of the L/C Commitments of the Lenders (the “Rejecting Lenders”) that have not agreed to the Extension Request. If the Rejected Amount exceeds 50% of the Total Commitment (or if Xxxxx Fargo shall be a Rejecting Lender), the Current Expiration Date shall not be extended. If the Rejected Amount does not exceed 50% of the Total Commitment, RenRe shall have the right, in consultation with and through the Administrative Agent, prior to the Current Expiration Date, as the case may be, to request one or more Lenders that have agreed to the requested extension (the “Accepting Lenders”) to increase their L/C Commitments by an aggregate amount not to exceed the Rejected Amount. Each Accepting Lender shall have the right, but not the obligation, to offer to increase its L/C Commitment by an amount not to exceed the amount requested by RenRe, which offer shall be made by notice from such Accepting Lender to the Administrative Agent, not later than 10 days after such Accepting Lender is notified of such request by the Administrative Agent, specifying the amount of the offered increase in such Accepting Lender’s L/C Commitment. Such increase shall be effected on the Current Expiration Date by a pro rata assignment of a Rejecting Lender’s or Rejecting Lenders’ Letter of Credit Advances and L/C Commitment pursuant to Section 9.5 (without regard to the minimum assignment amount set forth therein), which each Rejecting Lender agrees to make. If the aggregate amount of the offered increases in the L/C Commitments of all Accepting Lenders does not equal the Rejected Amount, RenRe shall have the right, prior to the Current Expiration Date, to require the Rejecting Lender or Rejecting Lenders to assign on a pro rata basis its or their Loans and L/C Commitments to one or more Eligible Assignees (the “Purchasing Lenders”) pursuant to Section 9.5, each of which Purchasing Lenders shall have a L/C Commitment not less than $5,000,000, and which Purchasing Lenders shall have aggregate L/C Commitments not greater than the Rejected Amount less any increases in the L/C Commitments of the Accepting Lenders. Such assignment shall be effected on the Current Expiration Date. Each Purchasing Lender shall be deemed to have consented to the extension of the Current Expiration Date. If there remains any Rejected Amount after giving effect to the assignments to the Accepting Lenders and the Purchasing Lenders described in this Section 2.19, on or before the Current Expiration Date, RenRe may, by notice to the Administrative Agent, elect to reduce the Total Commitment by such remaining Rejected Amount, and, if RenRe so elects, on the Current Expiration Date, the Account Parties shall cause all Obligations owing to the applicable Rejecting Lender or Rejecting Lenders to be repaid, and upon such repayment, the Total Commitment shall be reduced by the amount of such remaining Rejected Amount. If the conditions to extension set forth above have been met, then, on the Current Expiration Date, the Expiration Date shall be deemed to have been extended to, and shall be, the date specified in such Extension Request. The Administrative Agent shall promptly after any such extension advise the Lenders of any changes in the Total Commitments and the L/C Commitment Percentages. No such extension shall become effective unless, immediately upon the proposed effectiveness thereof, the aggregate Letter of Credit Exposure would be less than the Total Commitment.

Appears in 1 contract

Samples: Term Credit Agreement (Curtiss Wright Corp)

Extension of Expiration Date. RenRe may, at its option, give (a) The Revolving Credit Commitment of each of the Administrative Agent Lenders shall expire and shall be automatically reduced to zero on the Issuing Bank written notice (an “Extension Request”) at any time Expiration Date. Not later than 45 days and not more sooner than 60 days, nor less than 30 days, prior to days immediately preceding the Expiration Date then in effect at such time (effect, if Xxxxxxx-Xxxxxx wishes the “Current Expiration Date”) of the Credit Parties’ desire Lenders to extend the Expiration Date to a the date which is 364 days after the then effective Expiration Date (or, if such date is not later than a Business Day, the first anniversary of next preceding Business Day), Xxxxxxx-Xxxxxx shall so advise the Current Expiration DateAgent in writing (an "Extension Request"). The Administrative Agent shall thereupon promptly notify each Lender of the Lenders of such Extension RequestRequest of Xxxxxxx-Xxxxxx. Within 20 days of its receipt of such Extension Request from Xxxxxxx-Xxxxxx, the Agent shall notify Xxxxxxx-Xxxxxx as to whether the Lenders have agreed so to extend the Expiration Date and, if so, as to any additional or different terms on which such extension is conditioned (the decision to consent to or reject an Extension Request being a new credit determination by each Lender, and the determination of each Lender as to whether to agree to such extension and upon what terms being in the sole, absolute and unconditional discretion of each Lender). If such notice contains any such additional or different terms, Xxxxxxx-Xxxxxx shall endeavor advise the Agent in writing within 5 days next following receipt of such notice from the Agent as to respond whether Xxxxxxx-Xxxxxx agrees to such terms. If Xxxxxxx-Xxxxxx notifies the Agent that it so agrees, or if the Agent's notice that the Lenders have agreed to extend the Expiration Date contains no such additional or different terms, the Expiration Date shall automatically be extended to the date which is 364 days after the then effective Expiration Date (or, if such date is not a Business Day, the next preceding Business Day). If the Agent fails to notify Xxxxxxx-Xxxxxx within 20 days of the Agent's receipt of any Extension Request from Xxxxxxx-Xxxxxx as specified above as to whether the Lenders have agreed to such Extension Request, whether affirmatively or negatively (such determination to be in the sole discretion of such Lender and may be separately denied for any Account Party), by notice to RenRe and the Administrative Agent within 10 days of receipt of such request. A Lender that has not affirmatively responded within such 10-day period Lenders shall be deemed not to have responded negatively. The Administrative Agent shall promptly notify RenRe of Lenders’ responses (or deemed responses) and the aggregate amount (the “Rejected Amount”) of the L/C Commitments of the Lenders (the “Rejecting Lenders”) that have not agreed to the Extension Request. If the Rejected Amount exceeds 50% of the Total Commitment (or if Xxxxx Fargo shall be a Rejecting Lender), the Current Expiration Date shall not be extended. If the Rejected Amount does not exceed 50% of the Total Commitment, RenRe shall have the right, in consultation with and through the Administrative Agent, prior to the Current Expiration Date, as the case may be, to request one or more Lenders that have agreed to the requested extension (the “Accepting Lenders”) to increase their L/C Commitments by an aggregate amount not to exceed the Rejected Amount. Each Accepting Lender shall have the right, but not the obligation, to offer to increase its L/C Commitment by an amount not to exceed the amount requested by RenRe, which offer shall be made by notice from such Accepting Lender to the Administrative Agent, not later than 10 days after such Accepting Lender is notified of such request by the Administrative Agent, specifying the amount of the offered increase in such Accepting Lender’s L/C Commitment. Such increase shall be effected on the Current Expiration Date by a pro rata assignment of a Rejecting Lender’s or Rejecting Lenders’ Letter of Credit Advances and L/C Commitment pursuant to Section 9.5 (without regard to the minimum assignment amount set forth therein), which each Rejecting Lender agrees to make. If the aggregate amount of the offered increases in the L/C Commitments of all Accepting Lenders does not equal the Rejected Amount, RenRe shall have the right, prior to the Current Expiration Date, to require the Rejecting Lender or Rejecting Lenders to assign on a pro rata basis its or their Loans and L/C Commitments to one or more Eligible Assignees (the “Purchasing Lenders”) pursuant to Section 9.5, each of which Purchasing Lenders shall have a L/C Commitment not less than $5,000,000, and which Purchasing Lenders shall have aggregate L/C Commitments not greater than the Rejected Amount less any increases in the L/C Commitments of the Accepting Lenders. Such assignment shall be effected on the Current Expiration Date. Each Purchasing Lender shall be deemed to have consented to the extension of the Current Expiration Date. If there remains any Rejected Amount after giving effect to the assignments to the Accepting Lenders and the Purchasing Lenders described in this Section 2.19, on or before the Current Expiration Date, RenRe may, by notice to the Administrative Agent, elect to reduce the Total Commitment by such remaining Rejected Amount, and, if RenRe so elects, on the Current Expiration Date, the Account Parties shall cause all Obligations owing to the applicable Rejecting Lender or Rejecting Lenders to be repaid, and upon such repayment, the Total Commitment shall be reduced by the amount of such remaining Rejected Amount. If the conditions to extension set forth above have been met, then, on the Current Expiration Date, the Expiration Date shall be deemed to have been extended to, and shall be, the date specified in such Extension Request. The Administrative Agent shall promptly after any such extension advise the Lenders of any changes in the Total Commitments and the L/C Commitment Percentages. No such extension shall become effective unless, immediately upon the proposed effectiveness thereof, the aggregate Letter of Credit Exposure would be less than the Total Commitment.

Appears in 1 contract

Samples: Short Term Credit Agreement (Curtiss Wright Corp)

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Extension of Expiration Date. RenRe may(a) The Company may request, at its option, give in a written notice given as herein provided to the Administrative Agent and each of the Issuing Bank written Lenders, that the Expiration Date be extended for 364 days, which notice shall specify the new Expiration Date to be in effect following such extension (an “Extension Request”the "Requested Expiration Date") at any time provided that the Requested Expiration Date shall not be more than 60 days, nor less 364 days from the date on which such request is to become effective (the "Extension Effective Date"). The Company's request shall be delivered to the Administrative Agent at least 40 but no more than 30 days, 45 days prior to the Expiration Date proposed Extension Effective Date. Each Lender shall, not less than 20 days and no more than 30 days prior to the Extension Effective Date, notify the Borrower and the Administrative Agent in effect at such time (the “Current Expiration Date”) writing of the Credit Parties’ desire its election to extend or not to extend the Expiration Date with respect to its pro rata share of the Commitment (based on such Lender's Commitment as a date which is percentage of the aggregate Commitments of all the Lenders immediately prior to the Extension Effective Date). The Borrower may, not later than 30 days prior to the first anniversary of Extension Effective Date, revoke its request to extend the Current Expiration Date. The Administrative Agent shall promptly notify each Lender of such If on the date 20 days prior to the Extension Request, and each Lender shall endeavor to respond to such Extension Request, whether affirmatively or negatively (such determination to be in Effective Date the sole discretion of such Lender and may be separately denied for any Account Party), by notice to RenRe Required Lenders and the Administrative Agent within 10 days elect to extend the Expiration Date with respect to their pro rata share of receipt of such request. A Lender that the Commitment and the Borrower has not affirmatively responded within such 10-day period shall be deemed revoked its request to have responded negatively. The Administrative Agent shall promptly notify RenRe of Lenders’ responses (or deemed responses) and extend the aggregate amount (the “Rejected Amount”) of the L/C Commitments of the Lenders (the “Rejecting Lenders”) that have not agreed to the Extension Request. If the Rejected Amount exceeds 50% of the Total Commitment (or if Xxxxx Fargo shall be a Rejecting Lender), the Current Expiration Date shall not be extended. If the Rejected Amount does not exceed 50% of the Total Commitment, RenRe shall have the right, in consultation with and through the Administrative Agent, prior to the Current Expiration Date, as the case may bethen, to request one or more Lenders that have agreed subject to the requested extension (the “Accepting Lenders”) to increase their L/C Commitments by an aggregate amount not to exceed the Rejected Amount. Each Accepting Lender shall have the right, but not the obligation, to offer to increase its L/C Commitment by an amount not to exceed the amount requested by RenRe, which offer shall be made by notice from such Accepting Lender to the Administrative Agent, not later than 10 days after such Accepting Lender is notified provisions of such request by the Administrative Agent, specifying the amount of the offered increase in such Accepting Lender’s L/C Commitment. Such increase shall be effected on the Current Expiration Date by a pro rata assignment of a Rejecting Lender’s or Rejecting Lenders’ Letter of Credit Advances and L/C Commitment pursuant to Section 9.5 (without regard to the minimum assignment amount set forth therein), which each Rejecting Lender agrees to make. If the aggregate amount of the offered increases in the L/C Commitments of all Accepting Lenders does not equal the Rejected Amount, RenRe shall have the right, prior to the Current Expiration Date, to require the Rejecting Lender or Rejecting Lenders to assign on a pro rata basis its or their Loans and L/C Commitments to one or more Eligible Assignees (the “Purchasing Lenders”) pursuant to Section 9.5, each of which Purchasing Lenders shall have a L/C Commitment not less than $5,000,000, and which Purchasing Lenders shall have aggregate L/C Commitments not greater than the Rejected Amount less any increases in the L/C Commitments of the Accepting Lenders. Such assignment shall be effected on the Current Expiration Date. Each Purchasing Lender shall be deemed to have consented to the extension of the Current Expiration Date. If there remains any Rejected Amount after giving effect to the assignments to the Accepting Lenders and the Purchasing Lenders described in this Section 2.19, on or before the Current Expiration Date, RenRe may, by notice to the Administrative Agent, elect to reduce the Total Commitment by such remaining Rejected Amount, and, if RenRe so elects, on the Current Expiration Date, the Account Parties shall cause all Obligations owing to the applicable Rejecting Lender or Rejecting Lenders to be repaid, and upon such repayment, the Total Commitment shall be reduced by the amount of such remaining Rejected Amount. If the conditions to extension set forth above have been met, then, on the Current Expiration Date2.13, the Expiration Date shall be extended for 364 days. Any Lender which shall not notify the Company and the Administrative Agent of its election to extend the Expiration Date on or prior to the date 20 days prior to the Extension Effective Date shall be deemed to have been extended to, and shall be, elected not to extend the date specified in such Extension Request. The Administrative Agent shall promptly after any such extension advise Expiration Date with respect to its pro rata share of the Lenders of any changes in the Total Commitments and the L/C Commitment Percentages. No such extension shall become effective unless, immediately upon the proposed effectiveness thereof, the aggregate Letter of Credit Exposure would be less than the Total Commitment.

Appears in 1 contract

Samples: Multicurrency Credit Agreement (Borders Group Inc)

Extension of Expiration Date. RenRe Provided that no Potential Default or Event of Default shall have occurred and be continuing, the Company may, at its option, give the Administrative Agent and the Issuing Bank written notice (an “Extension Request”) at any time not more than 60 days, nor less than 30 days, prior to the then effective Expiration Date, request that the then effective Expiration Date in effect at be extended for an additional period of 364 days by providing written notice to the Agent requesting such time (the “Current Expiration Date”) of the Credit Parties’ desire to extend the extension not more than 90 days or less than 60 days before each such then effective Expiration Date to a date which is not later than the first anniversary of the Current Expiration Date(each an "Extension Request"). The Administrative Agent shall shall, promptly notify each Lender upon its receipt of such any Extension Request, and each Lender shall endeavor to respond notify the Banks of such request. At least thirty days prior to such then effective Expiration Date, each Bank shall provide the Agent with written notice of its approval or denial of the Company's Extension Request, whether affirmatively Request which approval or negatively (such determination to denial shall be in the sole and absolute discretion of each Bank (it being understood that the failure of any Bank to provide such Lender and may notice shall be separately denied for any Account Partydeemed a rejection of the Extension Request), by notice to RenRe and the Administrative Agent within 10 days of . Promptly upon receipt of such request. A Lender that has not affirmatively responded within such 10-day period shall be deemed to have responded negatively. The Administrative Agent shall promptly notify RenRe of Lenders’ responses notice (or deemed responsesnotice) and from each Bank, the aggregate amount (Agent shall notify the “Rejected Amount”) Company of the L/C Commitments approval or denial by each Bank of the Lenders (the “Rejecting Lenders”) that have not agreed to the Extension Request. If the Rejected Amount exceeds 50% Any extension of the Total Commitment (or if Xxxxx Fargo shall be a Rejecting Lender), the Current Expiration Date shall not be extendedeffective only if approved by the Required Banks and shall be binding only upon the Banks approving such Extension Request. If Upon the Rejected Amount does not exceed 50% approval of the Total Commitment, RenRe shall have the right, in consultation with and through the Administrative Agent, prior to the Current Expiration Date, as the case may be, to request one or more Lenders that have agreed to the requested extension (the “Accepting Lenders”) to increase their L/C Commitments by an aggregate amount not to exceed the Rejected Amount. Each Accepting Lender shall have the rightRequired Banks of any Extension Request, but not the obligation, to offer to increase its L/C Commitment by an amount not to exceed the amount requested by RenRe, which offer shall be made by notice from such Accepting Lender to the Administrative Agent, not later than 10 days after such Accepting Lender is notified of such request by the Administrative Agent, specifying the amount of the offered increase in such Accepting Lender’s L/C Commitment. Such increase shall be effected effective on the Current Expiration Date by a pro rata assignment of a Rejecting Lender’s or Rejecting Lenders’ Letter of Credit Advances and L/C Commitment pursuant to Section 9.5 (without regard to day next immediately following the minimum assignment amount set forth therein), which each Rejecting Lender agrees to make. If the aggregate amount of the offered increases in the L/C Commitments of all Accepting Lenders does not equal the Rejected Amount, RenRe shall have the right, prior to the Current Expiration Date, to require the Rejecting Lender or Rejecting Lenders to assign on a pro rata basis its or their Loans and L/C Commitments to one or more Eligible Assignees (the “Purchasing Lenders”) pursuant to Section 9.5, each of which Purchasing Lenders shall have a L/C Commitment not less than $5,000,000, and which Purchasing Lenders shall have aggregate L/C Commitments not greater than the Rejected Amount less any increases in the L/C Commitments of the Accepting Lenders. Such assignment shall be effected on the Current Expiration Date. Each Purchasing Lender shall be deemed to have consented to the extension of the Current Expiration Date. If there remains any Rejected Amount after giving effect to the assignments to the Accepting Lenders and the Purchasing Lenders described in this Section 2.19, on or before the Current Expiration Date, RenRe may, by notice to the Administrative Agent, elect to reduce the Total Commitment by such remaining Rejected Amount, and, if RenRe so elects, on the Current Expiration Date, the Account Parties shall cause all Obligations owing to the applicable Rejecting Lender or Rejecting Lenders to be repaid, and upon such repayment, the Total Commitment shall be reduced by the amount of such remaining Rejected Amount. If the conditions to extension set forth above have been met, then, on the Current then effective Expiration Date, the Expiration Date shall be automatically extended for a period of 364 days from the then effective Expiration Date to the extent of the Current Commitments of the Banks approving such extension. In the event any Bank denies (or is deemed to have been denied) an Extension Request (each a "Non-Extending Bank") which is otherwise approved by the Required Banks then (i) on the then scheduled Expiration Date, such Non-Extending Bank's Commitment shall terminate and taking into account any purchase of the Notes of such Non-Extending Bank by a Replacement Bank as provided below, the Company shall pay to the Agent for distribution to such Non-Extending Bank, the unpaid principal balance of the Loans of such Non-Extending Bank together with accrued and unpaid interest, fees or other amounts due such Non-Extending Bank pursuant to this Agreement; and (ii) the Company may request another Bank or Banks (each a "Replacement Bank") or, with the prior consent of the Agent (which consent shall not be unreasonably withheld), other bank or banks (each, also a "Replacement Bank") to assume all or part of the Commitment of such Non-Extending Bank effective as of the then scheduled Expiration Date unless otherwise agreed by and between the Non- Extending Bank and the Replacement Bank. Upon any part of the Commitment of a Non-Extending Bank being assumed by a Replacement Bank, such Replacement Bank shall, to the extent of the Commitment it has so assumed, purchase the Note of such Non- Extending Bank, which shall sell the same without recourse or warranty (except as to the amount due thereon, its title to such Note and its right to sell the same) to such Replacement Bank at a price in immediately available funds equal to the outstanding principal amount of the Loans of the Non-Extending Bank assumed whereupon (x) the then effective Expiration Date with respect to the Commitment assumed shall be extended tofor a period of 364 days commencing on the day next immediately following the then effective Expiration Date, (y) each Replacement Bank, if applicable, shall be deemed to be a "Bank" for purposes of this Agreement, and (z) each Non-Extending Bank shall becease to be a "Bank" for purposes of this Agreement (except with respect to any unpaid interest due on the Notes it has sold, to any unpaid principal and interest due on the date specified in Notes it has not sold and to its rights hereunder to be reimbursed for costs and expenses, and to indemnification with respect to matters attributable to events, acts or conditions occurring prior to such Extension Request. The Administrative Agent assumption and purchase) and shall promptly after no longer have any such extension advise the Lenders of any changes in the Total Commitments and the L/C Commitment Percentages. No such extension shall become effective unless, immediately upon the proposed effectiveness thereof, the aggregate Letter of Credit Exposure would be less than the Total Commitmentobligations hereunder.

Appears in 1 contract

Samples: Revolving Credit Agreement (Ampco Pittsburgh Corp)

Extension of Expiration Date. RenRe may, at its option, give the Administrative Agent and the Issuing Bank written notice (an “Extension Request”) at any time not more than 60 sixty days, nor less than 30 thirty days, prior to the Expiration Date in effect at such time (the “Current Expiration Date”) of the Credit Parties’ desire to extend the Expiration Date to a date which is not later than the first anniversary of 364 days after the Current Expiration Date. The Administrative Agent shall promptly notify each Lender of such Extension Request, and each Lender shall endeavor to respond to such Extension Request, whether affirmatively or negatively (such determination to be in the sole discretion of such Lender and may be separately denied for any Account Party), by notice to RenRe and the Administrative Agent within 10 days of receipt of such request. A Lender that has not affirmatively responded within such 10-day period shall be deemed to have responded negatively. The Administrative Agent shall promptly notify RenRe of Lenders’ responses (or deemed responses) and the aggregate amount (the “Rejected Amount”) of the L/C Commitments of the Lenders (the “Rejecting Lenders”) that have not agreed to the Extension Request. If the Rejected Amount exceeds 50% of the Total Commitment (or if Xxxxx Fargo Wachovia shall be a Rejecting Lender), the Current Expiration Date shall not be extended. If the Rejected Amount does not exceed 50% of the Total Commitment, RenRe shall have the right, in consultation with and through the Administrative Agent, prior to the Current Expiration Date, as the case may be, to request one or more Lenders that have agreed to the requested extension (the “Accepting Lenders”) to increase their L/C Commitments by an aggregate amount not to exceed the Rejected Amount. Each Accepting Lender shall have the right, but not the obligation, to offer to increase its L/C Commitment by an amount not to exceed the amount requested by RenRe, which offer shall be made by notice from such Accepting Lender to the Administrative Agent, not later than 10 days after such Accepting Lender is notified of such request by the Administrative Agent, specifying the amount of the offered increase in such Accepting Lender’s L/C Commitment. Such increase shall be effected on the Current Expiration Date by a pro rata assignment of a Rejecting Lender’s or Rejecting Lenders’ Letter of Credit Advances and L/C Commitment pursuant to Section 9.5 9.05 (without regard to the minimum assignment amount set forth therein), which each Rejecting Lender agrees to make. If the aggregate amount of the offered increases in the L/C Commitments of all Accepting Lenders does not equal the Rejected Amount, RenRe shall have the right, prior to the Current Expiration Date, to require the Rejecting Lender or Rejecting Lenders to assign on a pro rata basis its or their Loans and L/C Commitments to one or more Eligible Assignees (the “Purchasing Lenders”) pursuant to Section 9.59.05, each of which Purchasing Lenders shall have a L/C Commitment not less than $5,000,000, and which Purchasing Lenders shall have aggregate L/C Commitments not greater than the Rejected Amount less any increases in the L/C Commitments of the Accepting Lenders. Such assignment shall be effected on the Current Expiration Date. Each Purchasing Lender shall be deemed to have consented to the extension of the Current Expiration Date. If there remains any Rejected Amount after giving effect to the assignments to the Accepting Lenders and the Purchasing Lenders described in this Section 2.19, on or before the Current Expiration Date, RenRe may, by notice to the Administrative Agent, elect to reduce the Total Commitment by such remaining Rejected Amount, and, if RenRe so elects, on the Current Expiration Date, the Account Parties shall cause all Obligations owing to the applicable Rejecting Lender or Rejecting Lenders to be repaid, and upon such repayment, the Total Commitment shall be reduced by the amount of such remaining Rejected Amount. If the conditions to extension set forth above have been met, then, on the Current Expiration Date, the Expiration Date shall be deemed to have been extended to, and shall be, the date specified in such Extension Request. The Administrative Agent shall promptly after any such extension advise the Lenders of any changes in the Total Commitments and the L/C Commitment Letter of Credit Participating Interest Percentages. No such extension shall become effective unless, immediately upon the proposed effectiveness thereof, the aggregate Letter of Credit Exposure would be less than the Total Commitment.

Appears in 1 contract

Samples: Reimbursement Agreement (Renaissancere Holdings LTD)

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