Common use of Extension of Facility Termination Date Clause in Contracts

Extension of Facility Termination Date. At the request of Seller delivered to Buyer no earlier than ninety (90) days and no later than thirty (30) days before: (i) January 26, 2022, Seller has one (1) option to extend the then current Facility Termination Date to January 26, 2023 and (ii) January 26, 2023, Seller has one (1) option to request an extension of the then current Facility Termination Date to January 26, 2024. Seller may only exercise the extension referred to in clause (i) of the preceding sentence if on or before the then current Facility Termination Date, Seller shall have paid the Extension Fee to Buyer. Such request referred to in clause (ii) of the second preceding sentence may be approved or denied in Buyer’s sole discretion, and in any case shall be approved only if (i) no Default, Event of Default or Margin Deficit shall exist on the date of Seller’s request to extend or on the then current Facility Termination Date, (ii) all representations and warranties in this Agreement shall be true, correct, complete and accurate in all respects as of the then current Facility Termination Date (except such representations which by their terms speak as of a specified date and subject to any exceptions disclosed to Buyer in an Exception Report prior to such date and approved by Buyer), and (iii) on or before the then current Facility Termination Date, Seller shall have paid the Extension Fee to Buyer.”

Extension of Facility Termination Date. At the request of Seller delivered to Buyer no earlier than ninety (90) days and no later than thirty (30) days before: (i) January 26, 2022, Seller has one (1) option to extend the then current Facility Termination Date to January 26, 2023 and (ii) January 26, 2023first anniversary of the Closing Date, Seller has one (1) option to request an extension of the then current Facility Termination Date to January 26for a one (1) year period, 2024. Seller may only exercise and (ii) the extension referred to in clause fourth (i4th) anniversary of the preceding sentence if on or before Closing Date, Seller has two (2) successive options to request an extension of the then current Facility Termination Date, Seller shall have paid the Extension Fee to BuyerDate for a one (1) year period. Such request referred to in clause (ii) of the second preceding sentence requests may be approved or denied in Buyer’s sole discretion, and in any case shall be approved only if (i) no Default, Event of Default or Margin Deficit shall exist on the date of Seller’s request to extend or on the then current Facility Termination Date, (ii) all representations and warranties in this Agreement shall be true, correct, complete and accurate in all respects as of the then current Facility Termination Date (except such representations which by their terms speak as of a specified date and subject to any exceptions disclosed to Buyer in an Exception Report prior to such date and approved by Buyer), and (iii) on or before the then current Facility Termination Date, Seller shall have paid the Extension Fee to Buyer.”

Extension of Facility Termination Date. At the request of Seller delivered to Buyer no earlier than ninety (90) days and no later than thirty (30) days before: (i) January 26, 20222024, Seller has one (1) option to extend the then current Facility Termination Date to January 26, 2023 2025 and (ii) January 26, 20232025, Seller has one (1) option to request an extension of the then current Facility Termination Date to January 26, 20242026. Seller may only exercise the extension referred to in clause (i) of the preceding sentence if on or before the then current Facility Termination Date, Seller shall have paid the Extension Fee to Buyer. Such request referred to in clause (ii) of the second preceding sentence may be approved or denied in Buyer’s sole discretion, and in any case shall be approved only if (ix) no Default, Event of Default or Margin Deficit shall exist on the date of Seller’s request to extend or on the then current Facility Termination Date, (iiy) all representations and warranties in this Agreement shall be true, correct, complete and accurate in all respects as of the then current Facility Termination Date (except such representations which by their terms speak as of a specified date and subject to any exceptions disclosed to Buyer in an Exception Report prior to such date and approved by Buyer), and (iiiz) on or before the then current Facility Termination Date, Seller shall have paid the Extension Fee to Buyer.”

Extension of Facility Termination Date. At the request of Seller delivered to Buyer no earlier than ninety (90) days and no later than thirty (30) days before: (i) January 26, 2022before the then applicable Facility Termination Date, Seller has one (1) option to extend the then current Facility Termination Date to January 26, 2023 and (ii) January 26, 2023, Seller has one (1) option to may annually request an extension of the then current Facility Termination Date to January 26, 2024for a one (1) year period (each an “Extension Term”). Seller may only exercise the extension referred to in clause (i) of the preceding sentence if on or before the then current Facility Termination Date, Seller shall have paid the Any request for an Extension Fee to Buyer. Such request referred to in clause (ii) of the second preceding sentence Term may be approved or denied in Buyer’s sole discretion, and in any case shall be approved only if (i) no Default, Event of Default or Margin Deficit shall exist on the date of Seller’s request to extend or on the then current Facility Termination Date, (ii) all representations and warranties in this Agreement shall be true, correct, complete and accurate in all respects as of the then current Facility Termination Date (except such representations which by their terms speak as of a specified date and subject to any exceptions disclosed to Buyer in an Exception Report prior to such date and approved by Buyer), and (iii) on or before the then current Facility Termination Date, Seller shall have paid the Extension Fee to Buyer.”

Extension of Facility Termination Date. At the request of Seller delivered to Buyer no earlier than ninety (90) days and no later than thirty (30) days before: (i) January 26, 20222021, Seller has one (1) option to extend the then current Facility Termination Date to January 26, 2023 2022 and (ii) January 26, 20232022, Seller has one (1) option to request an extension of the then current Facility Termination Date to January 26, 20242023. Seller may only exercise the such extension referred to in clause (i) of the preceding sentence if on or before the then current Facility Termination Date, Seller shall have paid the Extension Fee to Buyer. Such request referred to in clause (ii) of the second preceding sentence may be approved or denied in Buyer’s sole discretion, and in any case shall be approved only if (i) no Default, Event of Default or Margin Deficit shall exist on the date of Seller’s request to extend or on the then current Facility Termination Date, (ii) all representations and warranties in this Agreement shall be true, correct, complete and accurate in all respects as of the then current Facility Termination Date (except such representations which by their terms speak as of a specified date and subject to any exceptions disclosed to Buyer in an Exception Report prior to such date and approved by Buyer), and (iii) on or before the then current Facility Termination Date, Seller shall have paid the Extension Fee to Buyer.”

Extension of Facility Termination Date. At the request of Seller delivered to Buyer no earlier than ninety (90) days and no later than thirty (30) days before: (i) January 26, 20222023, Seller has one (1) option to extend the then current Facility Termination Date to January 26, 2023 2024 and (ii) January 26, 20232024, Seller has one (1) option to request an extension of the then current Facility Termination Date to January 26, 20242025. Seller may only exercise the extension referred to in clause (i) of the preceding sentence if on or before the then current Facility Termination Date, Seller shall have paid the Extension Fee to Buyer. Such request referred to in clause (ii) of the second preceding sentence may be approved or denied in Buyer’s sole discretion, and in any case shall be approved only if (ix) no Default, Event of Default or Margin Deficit shall exist on the date of Seller’s request to extend or on the then current Facility Termination Date, (iiy) all representations and warranties in this Agreement shall be true, correct, complete and accurate in all respects as of the then current Facility Termination Date (except such representations which by their terms speak as of a specified date and subject to any exceptions disclosed disc losed to Buyer in an Exception Report prior to such date and approved by Buyer), and (iiiz) on or before the then current Facility Termination Date, Seller shall have paid the Extension Fee to Buyer.”