Common use of Extension of Facility Termination Date Clause in Contracts

Extension of Facility Termination Date. Upon written request of all of the Sellers delivered to Buyer at least ninety (90) days, but in no event earlier than 120 days, prior to the Initial Termination Date, and so long as no event which has a Material Adverse Effect and no Margin Deficit, Default or Event of Default, or any default under any other Repurchase Document, shall have occurred and be continuing on the Initial Termination Date, Buyer may in its sole discretion agree to extend the Facility Termination Date, for a period not to exceed 364 days, by giving written notice to the Sellers of such extension and of the new Facility Termination Date determined by Buyer and the dates and amounts of the payments required to be made under Section 3.04(b); provided, that (i) any failure by Buyer to deliver any such notice of extension to the Sellers shall be deemed to be Buyer's determination not to extend the Facility Termination Date, (ii) in no event shall the Facility Termination Date be extended beyond either the fourth (4th) year anniversary of the Effective Date or the Final Purchase Date and (iii) in no event shall the Facility Termination Date be extended unless, as of the Initial Termination Date, (A) the Parent shall be listed on a national securities exchange and (B) Buyer shall have received payment of an amount equal to the Extension Fee (as defined in the Fee Letter).

Extension of Facility Termination Date. Upon written request of all of the Sellers Seller delivered to Buyer at least ninety (90) 30 days, but in no event earlier than 120 60 days, prior to the Initial Termination Date, and (i) so long as no event which has a Material Adverse Effect and no Margin Deficit, Default or Event of Default, or any default under any other Repurchase Document, shall have occurred and be continuing on the Initial Termination Date, (ii) so long as all representations and warranties are true, correct, complete and accurate in all material respects at the time of such extension, and (iii) upon payment by Seller to Buyer of an Extension Fee in immediately available funds, Buyer may in its sole discretion agree to extend the Facility Termination Date, for a period not to exceed 364 daysdays (the “Facility Extension Period”), by giving written notice to the Sellers Seller of such extension and of the new Facility Termination Date determined by Buyer and the dates and amounts of the payments required to be made under Section 3.04(b); provided, that (iy) any failure by Buyer to deliver any such notice of extension to the Sellers Seller shall be deemed to be Buyer's ’s determination not to extend the Facility Termination Date, (ii) in no event shall the Facility Termination Date be extended beyond either the fourth (4th) year anniversary of the Effective Date or the Final Purchase Date and (iiiz) in no event Seller shall not be permitted to submit any Transaction Request during such an extension. During the Facility Termination Date Extension Period, no additional Transactions shall be extended unless, as permitted and Seller shall amortize the remaining aggregate Repurchase Price of all Purchased Assets in equal quarterly installment payments over the term of the Initial Termination Date, (A) the Parent shall be listed on a national securities exchange and (B) Buyer shall have received payment of an amount equal to the Facility Extension Fee (as defined in the Fee Letter)Period.

Extension of Facility Termination Date. Upon written request of all of the Sellers Seller delivered to Buyer at least ninety (90) days, but in no event earlier than 120 days, prior to the Initial Termination Date, and so long as no event which has a Material Adverse Effect and no Margin Deficit, Default or Event of Default, or any default under any other Repurchase Document, shall have occurred and be continuing on the Initial Termination DateDate and so long as all representations and warranties are true, correct, complete, and accurate in all material respects at the time of such extension, Buyer may in its sole discretion agree to extend the Facility Termination Date, for a period not to exceed 364 days, by giving written notice to the Sellers Seller of such extension and of the new Facility Termination Date determined by Buyer and the dates and amounts of the payments required to be made under Section 3.04(b); provided, that (i) any failure by Buyer to deliver any such notice of extension to the Sellers Seller shall be deemed to be Buyer's determination not to extend the Facility Termination Date, (ii) in no event shall the Facility Termination Date be extended beyond either the fourth (4th) year anniversary of the Effective Date or the Final Purchase Date and (iii) in no event shall the Facility Termination Date be extended unless, as of the Initial Termination Date, (A) the Parent shall be listed on a national securities exchange and (B) Buyer shall have received payment of an amount equal to the Extension Fee (as defined in the Fee Letter).

Extension of Facility Termination Date. Upon written request of all of the Sellers Seller delivered to Buyer at least ninety thirty (9030) days, but in no event earlier than 120 sixty (60) days, prior to the Initial Termination Date, and (i) so long as no event which has a Material Adverse Effect and no Margin Deficit, Default or Event of Default, or any default under any other Repurchase Document, shall have occurred and be continuing on the Initial Termination Date, (ii) so long as all representations and warranties are true, correct, complete and accurate in all material respects at the time of such extension except as waived by Buyer, and (iii) upon payment by Seller to Buyer of an Extension Fee in immediately available funds, Buyer may in its sole discretion agree to extend the Facility Termination Date, for a period not to exceed 364 daysone-hundred and eighty (180) days (the “Facility Extension Period”), by giving written notice to the Sellers Seller of such extension and of the new Facility Termination Date determined by Buyer and the dates and amounts of the payments required to be made under Section 3.04(b); provided, that (i) any failure by Buyer to deliver any such notice of extension to the Sellers Seller shall be deemed to be Buyer's ’s determination not to extend the Facility Termination Date, (ii) in no event shall . During the Facility Termination Date be extended beyond either Extension Period, Seller shall amortize the fourth (4th) year anniversary remaining aggregate Repurchase Price of all Purchased Assets in equal monthly installment payments over the term of the Effective Date or the Final Purchase Date and (iii) in no event shall the Facility Termination Date be extended unlessExtension Period, as of the Initial Termination Date, (A) the Parent shall be listed on a national securities exchange and (B) Buyer shall have received payment of an amount equal to the Extension Fee (as defined specified in the Fee LetterSection 3.04(b).