Common use of Extension of Original Maturity Date Clause in Contracts

Extension of Original Maturity Date. Upon Borrower’s written request, delivered to Administrative Agent at least ninety (90) days and not more than one hundred twenty (120) days prior to the Original Maturity Date, Borrower shall have the right to extend the Original Maturity Date to the Extended Maturity Date, provided that: (a) No Default or Event of Default shall have occurred and remain uncured on the Original Maturity Date, and Administrative Agent shall have received a certificate to that effect signed by a Responsible Officer of Borrower; (b) The representations and warranties set forth in this Agreement and the other Loan Documents shall be correct as of the Original Maturity Date as though made on and as of that date, and Administrative Agent shall have received a certificate to that effect signed by a Responsible Officer of Borrower; (c) Borrower shall have paid to Administrative Agent, for the account of the Lenders, an extension fee (the “Extension Fee”) equal to fifteen (15) basis points multiplied by the Maximum Commitment Amount on the Original Maturity Date. The Extension Fee shall be determined as of the date Borrower provides the extension notice for the Extension Period and shall be paid by Borrower on the first day of the Extension Period; and (d) Borrower shall have executed, acknowledged and delivered to Administrative Agent such documents as Administrative Agent reasonably determines to be necessary to evidence the extension of the Original Maturity Date.

Appears in 2 contracts

Samples: Revolving Credit Agreement (AmREIT, Inc.), Revolving Credit Agreement (AmREIT, Inc.)

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Extension of Original Maturity Date. Upon Borrower’s written request, delivered to Administrative Agent at least ninety sixty (9060) days and not more than one hundred twenty ninety (12090) days prior to the Original Maturity Date, Borrower shall have the right to extend the Original Maturity Date to for the Extended Maturity DateExtension Period, provided that: (a) No Default or Event of Default shall have occurred and remain uncured on the Original Maturity Date, and Administrative Agent shall have received a certificate to that effect signed by a Responsible Officer of Borrower; (b) The representations and warranties set forth in this Agreement and the other Loan Documents shall be correct as of the Original Maturity Date as though made on and as of that date, and Administrative Agent shall have received a certificate to that effect signed by a Responsible Officer of Borrower; (c) Borrower shall have paid to Administrative Agent, for the account of the Lenders, an extension fee (the “Extension Fee”) equal to fifteen twenty (1520) basis points multiplied by the Maximum Commitment Amount on the Original Maturity Date. The Extension Fee shall be determined as of the date Borrower provides the extension notice for the Extension Period and shall be paid by Borrower on the first day of the Extension Period; and (d) Borrower shall have executed, acknowledged and delivered to Administrative Agent such documents as Administrative Agent reasonably determines to be necessary to evidence the extension of the Original Maturity Date.

Appears in 1 contract

Samples: Revolving Credit Agreement (Essex Portfolio Lp)

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Extension of Original Maturity Date. Upon Borrower’s written request, delivered to Administrative Agent at least ninety sixty (9060) days and not more than one hundred twenty ninety (12090) days prior to the Original Maturity Date, Borrower shall have the right to extend the Original Maturity Date to for the Extended Maturity DateExtension Period, provided that: (a) No Default or Event of Default shall have occurred and remain uncured on the Original Maturity Date, and Administrative Agent shall have received a certificate to that effect signed by a Responsible Officer of Borrower; (b) The representations and warranties set forth in this Agreement and the other Loan Documents shall be correct as of the Original Maturity Date as though made on and as of that date, and Administrative Agent shall have received a certificate to that effect signed by a Responsible Officer of Borrower; (c) Borrower shall have paid to Administrative Agent, for the account of the Lenders, an extension fee (the “Extension Fee”) equal to fifteen twenty (1520) basis points multiplied by the Maximum Commitment Amount on the Original Maturity Date. The Extension Fee shall be determined as of the date Borrower provides the extension notice for the Extension Period and shall be paid by Borrower on the first day of the Extension Period; and (d) Borrower shall have executed, acknowledged and delivered to Administrative Agent such documents as Administrative Agent reasonably determines to be necessary to evidence the extension of the Original Maturity Date.” (a) Section 2.17.1 is hereby amended and restated to read in full as follows:

Appears in 1 contract

Samples: Revolving Credit Agreement (Essex Portfolio Lp)

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