Common use of Extension of Final Maturity Date Clause in Contracts

Extension of Final Maturity Date. (a) At least 45 days but not more than 65 days prior to the first, second, third, fourth and fifth Anniversary Date, provided that all of the conditions set forth in Section 6.2(a), (b) and (c) have been met in each case, the Borrower, by written notice to the Administrative Agent, may request an extension of the Term Facility Final Maturity Date and/or the Revolving Facility Final Maturity Date in effect at such time by one calendar year from the then scheduled applicable Final Maturity Date. The Administrative Agent shall promptly notify each Lender holding the applicable Class of Loans and Commitments of such request (including the amount of any fees to be paid such Lenders for such proposed extension, the amortization of the Incremental Term Loans following the Extension Date and any other terms applicable to such proposed extension not otherwise in contravention of the express terms and provisions this Agreement), and each such Lender shall in turn, in its sole discretion, at least 20 days but not more than 30 days prior to the applicable Anniversary Date, notify the Borrower and the Administrative Agent in writing as to whether such Lender will consent to such extension. If any Lender holding the applicable Class of Loans and Commitments shall fail to notify the Administrative Agent and the Borrower in writing of its consent to any such request for extension of the applicable Final Maturity Date by the 20th day prior to the applicable Anniversary Date, such Lender shall be deemed to be a Non-Extending Lender (as defined below) with respect to such request. The Administrative Agent shall notify the Borrower not later than the 20th day prior to the applicable Anniversary Date of the decision of the Lenders holding the applicable Class of Loans and Commitments regarding the Borrower’s request for an extension of the applicable Final Maturity Date.

Extension of Final Maturity Date. (a) At least 45 days but not more than 65 days prior to the first, second, third, third and fourth and fifth Anniversary Date, provided that all of the conditions set forth in Section 6.2(a), (b) and (c) have been met in each case, the Borrower, by written notice to the Administrative Agent, may request an extension of the Term Facility Final Maturity Date and/or the Revolving Facility Final Maturity Date in effect at such time by one calendar year from the then scheduled applicable Final Maturity Date. The Administrative Agent shall promptly notify each Lender holding the applicable Class of Loans and Commitments of such request (including the amount of any fees to be paid such Lenders for such proposed extension, the amortization of the Incremental Term Loans of each Series following the Extension Date and any other terms applicable to such proposed extension not otherwise in contravention of the express terms and provisions this Agreement), and each such Lender shall in turn, in its sole discretion, at least 20 days but not more than 30 days prior to the applicable Anniversary Date, notify the Borrower and the Administrative Agent in writing as to whether such Lender will consent to such extension. If any Lender holding the applicable Class of Loans and Commitments shall fail to notify the Administrative Agent and the Borrower in writing of its consent to any such request for extension of the applicable Final Maturity Date by the 20th day prior to the LEGAL02/38433738v11 applicable Anniversary Date, such Lender shall be deemed to be a Non-Extending Lender (as defined below) with respect to such request. The Administrative Agent shall notify the Borrower not later than the 20th day prior to the applicable Anniversary Date of the decision of the Lenders holding the applicable Class of Loans and Commitments regarding the Borrower’s request for an extension of the applicable Final Maturity Date.

Extension of Final Maturity Date. (a) At least 45 days but not more than 65 days prior to the first, second, third, third and fourth and fifth Anniversary Date, provided that all of the conditions set forth in Section 6.2(a), (b) and (c) have been met in each case, the Borrower, by written notice to the Administrative Agent, may request an extension of the Term Facility Final Maturity Date and/or the Revolving Facility Final Maturity Date in effect at such time by one calendar year from the then scheduled applicable Final Maturity Date. The Administrative Agent shall promptly notify each Lender holding the applicable Class of Loans and Commitments of such request (including the amount of any fees to be paid such Lenders for such proposed extension, the amortization of the Incremental Term Loans following the Extension Date and any other terms applicable to such proposed extension not otherwise in contravention of the express terms and provisions this Agreement), and each such Lender shall in turn, in its sole discretion, at least 20 days but not more than 30 days prior to the applicable Anniversary Date, notify the Borrower and the Administrative Agent in writing as to whether such Lender will consent to such extension. If any Lender holding the applicable Class of Loans and Commitments shall fail to notify the Administrative Agent and the Borrower in writing of its consent to any such request for extension of the applicable Final Maturity Date by the 20th day prior to the applicable Anniversary Date, such Lender shall be deemed to be a Non-Extending Consenting Lender (as defined below) with respect to such request. The Administrative Agent shall notify the Borrower not later than the 20th day prior to the applicable Anniversary Date of the decision of the Lenders holding the applicable Class of Loans and Commitments regarding the Borrower’s request for an extension of the applicable Final Maturity Date.

Extension of Final Maturity Date. (a) At least 45 days but not more than 65 days prior So long as no Default or Event of Default shall have occurred and be continuing, and subject to the first, second, third, fourth and fifth Anniversary Date, provided that all of the conditions set forth in Section 6.2(a2.06(g), (b) and (c) have been met in each case, the BorrowerBorrower may, by irrevocable written notice to the Administrative Agent, may request an extension of Agent (in which case the Term Facility Final Maturity Date and/or the Revolving Facility Final Maturity Date in effect at such time by one calendar year from the then scheduled applicable Final Maturity Date. The Administrative Agent shall promptly notify deliver a copy to each Lender holding the applicable Class of Loans and Commitments of such request (including the amount of any fees to be paid such Lenders for such proposed extension, the amortization of the Incremental Term Loans following the Lenders) (such notice being an "Extension Date and any other terms applicable to such proposed extension not otherwise in contravention of the express terms and provisions this Agreement), and each such Lender shall in turn, in its sole discretion, at least 20 Notice") given no less than thirty (30) days (but not no more than 30 days ninety (90) days) prior to the applicable Anniversary scheduled Final Maturity Date, notify request that the Borrower Lenders extend the Final Maturity Date to September 27, 2007. Effective on the date of such Extension Notice, the Final Maturity Date shall be automatically and immediately so extended to September 27, 2007. Upon the delivery of an Extension Notice and the Administrative Agent in writing as to whether such Lender will consent to such extension. If any Lender holding the applicable Class of Loans and Commitments shall fail to notify the Administrative Agent and the Borrower in writing of its consent to any such request for extension of the applicable Final Maturity Date by pursuant to this Section 2.09, the 20th day prior to the applicable Anniversary Date, such Lender Borrower shall be deemed to be a Non-Extending Lender have represented and warranted on and as of the date of such Extension Notice and the effective date of such extension, as the case may be, that (as defined belowi) with respect the representations and warranties contained in Article VI and in each other Loan Document, certificate or other writing delivered to such request. The Administrative the Agent shall notify and the Borrower not later than the 20th day Lenders pursuant hereto or thereto on or prior to the applicable Anniversary Date date of such Loan are true and correct in all material respects on and as of such date as though made on and as of such date (except to the decision extent such representations and warranties expressly relate to an earlier date, in which case such representations and warranties were true and correct in all material respects on such earlier date) and (ii) no Default or Event of the Lenders holding the applicable Class of Loans Default has occurred and Commitments regarding the Borrower’s request for an is continuing. The Borrower shall be entitled to one extension of the applicable Final Maturity DateDate hereunder and to deliver no more than one Extension Notice in connection therewith.

Extension of Final Maturity Date. (a) At least 45 days but not more than 65 days prior Provided that there is no Default or Event of Default and Borrower has theretofore delivered to the firstLenders the financial statements required under Section 6.01(b) for the immediately preceding Fiscal Year and the projected financial statements required under Section 6.01(c) for the forthcoming Fiscal Years, secondBorrower may by delivery of a Request for Extension to the Agent and the Lenders request that the Final Maturity Date be extended by one year. The Request for Extension shall not be delivered earlier than March 14, thirdcommencing March 14, fourth 1996, nor later than April 15 in any year. Each Lender shall use its best efforts to respond either affirmatively or negatively (in its sole and fifth Anniversary Date, provided that all of the conditions set forth in Section 6.2(a), (babsolute discretion) and (c) have been met in each case, the Borrower, to such Request for Extension by written notice to Borrower and the Administrative Agent, may request an Agent within thirty days after receipt thereof from Borrower. If each Lender so notifies Borrower and the Agent in writing that such Lender consents to the extension of the Term Facility Final Maturity Date, then the Agent shall by written notice to Borrower and the Lenders in the form of a Certificate of Extension certify that the Final Maturity Date and/or has been so extended and the Revolving Facility term "Final Maturity Date in effect at such time by one calendar year from Date" shall be deemed amended to mean the date which is the January 15 subsequent to the then scheduled applicable effective Final Maturity Date. The Administrative Agent shall promptly notify each Lender holding the applicable Class of Loans and Commitments of such request (including the amount of If any fees to be paid such Lenders for such proposed extension, the amortization of the Incremental Term Loans following the Extension Date and any other terms applicable to such proposed extension not otherwise in contravention of the express terms and provisions this Agreement), and each such Lender shall in turnLender, in its sole and absolute discretion, at least 20 days but not more than 30 days prior to the applicable Anniversary Date, notify the notifies Borrower and the Administrative Agent in writing as to whether such Lender will within said thirty-day period that it does not consent to such extension. If any Lender holding the applicable Class of Loans and Commitments shall fail to notify the Administrative Agent and the Borrower in writing of its consent to any such request for extension of the applicable Final Maturity Date, or fails to respond in writing within said thirty-day period, the Final Maturity Date by shall not be so extended. Notwithstanding the 20th day prior fact that the Final Maturity Date is not extended pursuant to the applicable Anniversary Dateany Request for Extension, such Lender shall be deemed to be a Non-Extending Lender (as defined below) with respect to such request. The Administrative Agent shall notify the Borrower not later than may nonetheless request a one-year extension the 20th day prior to the applicable Anniversary Date of the decision of the Lenders holding the applicable Class of Loans and Commitments regarding the Borrower’s request for an extension of the applicable Final Maturity Datefollowing year.

Extension of Final Maturity Date. (a) At least 45 days but not more than 65 days prior to the first, second, third, third and fourth and fifth Anniversary Date, provided that all of the conditions set forth in Section 6.2(a), (b) and (c) have been met in each case, the Borrower, by written notice to the Administrative Agent, may request an extension of the Term Facility Final Maturity Date and/or the Revolving Facility Final Maturity Date in effect at such time by one calendar year from the then scheduled applicable Final Maturity Date. The Administrative Agent shall promptly notify each Lender holding the applicable Class of Loans and Commitments of such request (including the amount of any fees to be paid such Lenders for such proposed extension, the amortization of the Incremental Term Loans following the Extension Date and any other terms applicable to such proposed extension not otherwise in contravention of the express terms and provisions this Agreement), and each such Lender shall in turn, in its sole discretion, at least 20 days but not more than 30 days prior to the applicable Anniversary Date, notify the Borrower and the Administrative Agent in writing as to whether such Lender will consent to such extension. If any Lender holding the applicable Class of Loans and Commitments shall fail to notify the Administrative Agent and the Borrower in writing of its consent to any such request for extension of the applicable Final Maturity Date by the 20th day prior to the applicable Anniversary Date, such Lender shall be deemed to be a Non-Extending Lender (as defined below) with respect to such request. The Administrative Agent shall notify the Borrower not later than the 20th day prior to the applicable Anniversary Date of the decision of the Lenders holding the applicable Class of Loans and Commitments regarding the Borrower’s request for an extension of the applicable Final Maturity Date.

Extension of Final Maturity Date. (a) At least 45 days but not more than 65 days prior to the first, second, third, fourth So long as no Potential Default or Event of Default has occurred and fifth Anniversary Date, provided that all of the conditions set forth in Section 6.2(a), (b) and (c) have been met in each caseis continuing, the BorrowerBorrower may, by upon prior written notice to the Administrative Agent, may request an extension of the Term Facility Final Maturity Date and/or the Revolving Facility Final Maturity Date in effect at such time by one calendar year from the then scheduled applicable Final Maturity Date. The Administrative Agent shall promptly notify each Lender holding the applicable Class of Loans sent not less than thirty (30) days and Commitments of such request (including the amount of any fees to be paid such Lenders for such proposed extension, the amortization of the Incremental Term Loans following the Extension Date and any other terms applicable to such proposed extension not otherwise in contravention of the express terms and provisions this Agreement), and each such Lender shall in turn, in its sole discretion, at least 20 days but not more than 30 sixty (60) days prior to the applicable Anniversary DateStated Termination Date then in effect, notify elect to have the entire principal balance of the Revolver Borrowings then outstanding (with any outstanding Swingline Borrowings to be repaid and/or reborrowed as Revolver Borrowings prior to the exercise of the Term-Out) continued as non-revolving term loan borrowings (the “Term Borrowings”) due and payable on the Final Maturity Date specified by the Borrower in such written notice; provided that the Borrower may exercise the Term-Out only once during the term of this Agreement, such exercise shall result in the permanent termination of the Commitments, and the Borrower may repay, but not reborrow, the Term Borrowings. As a condition precedent to the Term-Out, the Borrower shall deliver to the Administrative Agent (A) a certificate of the Borrower dated the effective date of the Term-Out signed by a Responsible Officer of the Borrower, certifying that (i) the resolutions adopted by the Borrower approving or consenting to the Term-Out are attached thereto and such resolutions are true and correct and have not been altered, amended or repealed and are in writing full force and effect, and (ii) before and after giving effect to the Term-Out, (x) the representations and warrantees contained in Article VII of this Agreement are true and correct in all material respects on and as of the effective date of the Term-Out, except to whether the extent that such representations and warrantees specifically refer to an earlier date, in which case they were true and correct in all material respects as of such earlier date, and (y) that no Potential Default or Event of Default exists, is continuing, or would result from the Term-Out, and (B) a duly executed and completed Term Note for each Lender will consent to such extensionevidence the Term Borrowings. If The Borrower hereby agrees to pay any and all costs required pursuant to Section 3.18 incurred by any Lender holding in connection with the applicable Class of Loans and Commitments shall fail to notify the Administrative Agent and the Borrower in writing of its consent to any such request for extension exercise of the applicable Final Maturity Date by the 20th day prior to the applicable Anniversary Date, such Lender shall be deemed to be a NonTerm-Extending Lender (as defined below) with respect to such request. The Administrative Agent shall notify the Borrower not later than the 20th day prior to the applicable Anniversary Date of the decision of the Lenders holding the applicable Class of Loans and Commitments regarding the Borrower’s request for an extension of the applicable Final Maturity DateOut.