Extension of Revolving Credit Termination Date. The Borrower shall have the right to extend the Revolving Credit Termination Date two times by six months each time. The Borrower may exercise such right only by executing and delivering to the Administrative Agent at least 90 days but not more than 120 days prior to the then current Revolving Credit Termination Date, a written request for such extension (an “Extension Request”). The Administrative Agent shall forward to each Revolving Lender a copy of any such Extension Request delivered to the Administrative Agent promptly upon receipt thereof. Subject to satisfaction of the following conditions, the Revolving Credit Termination Date then in effect shall be extended for six months: (a) immediately prior to such extension and immediately after giving effect thereto, (i) no Default or Event of Default shall exist and (ii) the representations and warranties made or deemed made by the Borrower and each other Loan Party in the Loan Documents to which any of them is a party shall be true and correct in all material respects (except to the extent otherwise qualified by materiality, in which case such representation or warranty shall be true and correct in all respects) on and as of the date of such extension with the same force and effect as if made on and as of such date except to the extent that such representations and warranties expressly relate solely to an earlier date (in which case such representations and warranties shall have been true and correct in all material respects (except to the extent otherwise qualified by materiality, in which case such representation or warranty shall have been true and correct in all respects) on and as of such earlier date) and except for changes in factual circumstances not prohibited under the Loan Documents and (b) the Borrower shall have paid the Fees payable under Section 3.6.(d). At any time prior to the effectiveness of any such extension, upon the Administrative Agent’s request, the Borrower shall deliver to the Administrative Agent a certificate from the chief financial officer or treasurer certifying the matters referenced in the preceding clauses (a) and (b).
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Samples: Credit Agreement (Corporate Office Properties, L.P.), And Consolidated Credit Agreement (Corporate Office Properties, L.P.)
Extension of Revolving Credit Termination Date. The Borrower shall have the right option, exercisable one time, to extend the current Revolving Credit Termination Date two times by six months each timeone year. The Borrower may exercise such right option only by executing and delivering to the Administrative Agent at least 90 30 days but not more than 120 90 days prior to the then current Revolving Credit Termination Date, a written request for such extension (an “Extension Request”). The Administrative Agent shall forward to each notify the Revolving Lender a copy of any such Lenders if it receives an Extension Request delivered to the Administrative Agent promptly upon receipt thereof. Subject to satisfaction of the following conditions, the Revolving Credit Termination Date then in effect shall be extended for six months: one year effective upon receipt by the Administrative Agent of the Extension Request and payment of the fee referred to in the following clause (aii): (i) immediately prior to such extension and immediately after giving effect thereto, (ix) no Default or Event of Default shall exist and (iiy) the representations and warranties made or deemed made by the Borrower and each other Loan Party in the Loan Documents to which any of them is a party party, shall be true and correct in all material respects (except to in the extent otherwise case of a representation or warranty qualified by materiality, in which case such representation or warranty shall be true and correct in all respects) on and as of the date of such extension with the same force and effect as if made on and as of such date except to the extent that such representations and warranties expressly relate solely to an earlier date (in which case such representations and warranties shall have been true and correct in all material respects (except to in the extent otherwise case of a representation or warranty qualified by materiality, in which case such representation or warranty shall have been true and correct in all respects) on and as of such earlier date) and except for changes in factual circumstances not prohibited expressly permitted under the Loan Documents and (bii) the Borrower shall have paid the Fees payable under Section 3.6.(d3.5.(d). At any time prior to the effectiveness of any such extension, upon the Administrative Agent’s request, the Borrower shall deliver to the Administrative Agent a certificate from the chief executive officer or chief financial officer or treasurer certifying the matters referenced referred to in the immediately preceding clauses (ai)(x) and (bi)(y).
Appears in 1 contract
Samples: Credit Agreement (Government Properties Income Trust)
Extension of Revolving Credit Termination Date. The Borrower shall have the right right, exercisable one time, to extend the Revolving Credit Termination Date two times by six months each timeone year. The Borrower may exercise such right only by executing and delivering to the Administrative Agent at least 90 days but not more than 120 180 days prior to the then current Revolving Credit Termination Date, a written request for notice of such extension (an “Extension RequestNotice”). The Administrative Agent shall forward to each notify the Revolving Lender a copy of any such Lenders if it receives an Extension Request delivered to the Administrative Agent Notice promptly upon receipt thereof. Subject to satisfaction of the following conditions, the Revolving Credit Termination Date then in effect shall be extended for six months: one year effective upon receipt by the Administrative Agent of the Extension Notice and payment of the fee referred to in the following clause (ay): (x) immediately prior to such extension and immediately after giving effect thereto, (iA) no Default or Event of Default shall exist and (iiB) the representations and warranties made or deemed made by the Parent, the Borrower and each other Loan Party in the Loan Documents to which any of them is a party party, shall be true and correct in all material respects (except to in the extent otherwise case of a representation or warranty qualified by materiality, in which case such representation or warranty shall be true and correct in all respects) on and as of the date of such extension with the same force and effect as if made on and as of such date except to the extent that such representations and warranties expressly relate solely to an earlier date (in which case such representations and warranties shall have been true and correct in all material respects (except to in the extent otherwise case of a representation or warranty qualified by materiality, in which case such representation or warranty shall have been be true and correct in all respects) on and as of such earlier date) and except for changes in factual circumstances not prohibited permitted under the Loan Documents and (by) the Borrower shall have paid the Fees payable under Section 3.6.(d3.5.(f). At any time prior to the effectiveness of any such extension, upon the Administrative Agent’s request, the Borrower shall deliver to the Administrative Agent a certificate from either (i) any two of the following officers of the Parent (x) the chief executive officer, (y) the chief financial officer or treasurer (z) the chief accounting officer, or (ii) the vice president of capital markets of the Parent and any one of the following officers of the Parent (x) the chief executive officer, (y) the chief financial officer or (z) the chief accounting officer, certifying the matters referenced referred to in the immediately preceding clauses (ax)(A) and (bx)(B).
Appears in 1 contract
Samples: Assignment and Assumption Agreement (Parkway Properties Inc)
Extension of Revolving Credit Termination Date. The Borrower shall have At any time following the right delivery of the financial statements required by Section 8.5(b) and/or (c) for the Fiscal Month ended September 25, 2015 and third Fiscal Quarter of 2015 but no later than thirty (30) days prior to extend the Revolving Credit Termination Date two times by six months each time. The as in effect on the Closing Date, the Borrower may exercise such right only by executing and delivering request (the “Extension Request Date”) the Bank to the Administrative Agent at least 90 days but not more than 120 days prior to extend the then current Revolving Credit Termination Date, Date and Delayed Draw Term Loan Maturity Date for a written request for such extension period of one year (an the “Extension RequestPeriod”). The Administrative Agent shall forward to each Revolving Lender a copy effectiveness of any such Extension Request delivered to the Administrative Agent promptly upon receipt thereof. Subject to satisfaction extension of the following conditions, the Revolving Credit Termination Date then in effect and Delayed Draw Term Loan Maturity Date shall be extended for six monthsconditioned upon the Bank’s satisfaction that the following conditions shall have been satisfied: (a) immediately prior to such extension and immediately after giving effect thereto, (i) no Default or Event each of Default shall exist and (ii) the representations and warranties made or deemed made by set forth herein and in the Borrower and each other Loan Party Documents shall be and remain true and correct in all material respects as of said time (where not already qualified by materiality, otherwise in all respects), except to the Loan Documents extent the same expressly relate to an earlier date, in which any of them is a party case they shall be true and correct in all material respects (except to the extent otherwise where not already qualified by materiality, in which case such representation or warranty shall be true and correct otherwise in all respects) on as of such earlier date, (b) no Default shall have occurred and be continuing as of the Extension Request Date, (c) such financial statements shall evidence that the TTM EBITDA as of the third Fiscal Quarter of 2015 is not less than $5,000,000 and shall demonstrate compliance as of the date of such extension financial statements with the same force and effect as if made on and as of such date except to the extent that such representations and warranties expressly relate solely to an earlier date (financial covenants set forth in which case such representations and warranties shall have been true and correct in all material respects (except to the extent otherwise qualified by materialitySection 8.23 hereof, in which case such representation or warranty shall have been true and correct in all respects) on and as of such earlier date) and except for changes in factual circumstances not prohibited under the Loan Documents and (bd) the Borrower shall have paid the Fees payable under Section 3.6.(d). At any time prior to the effectiveness payment of any such extension, upon fees and expenses of the Administrative Agent’s requestBank in connection therewith. Any date to which the Revolving Credit Termination Date or Delayed Draw Term Loan Maturity Date has been extended in accordance with this Section 2.12 may not be extended in like manner. For the avoidance of doubt, the Borrower financial covenants set forth in Section 8.23(b) hereof shall deliver to apply during the Administrative Agent a certificate from the chief financial officer or treasurer certifying the matters referenced in the preceding clauses (a) and (b)Extension Period.
Appears in 1 contract
Extension of Revolving Credit Termination Date. The Borrower shall have the right option, exercisable two times, to extend the current Revolving Credit Termination Date two times in effect as of the date each such right is exercised by six months each timemonths. The Borrower may exercise such right option only by executing and delivering to the Administrative Agent at least 90 30 days but not more than 120 90 days prior to the then current Revolving Credit Termination Date, a written request for such extension (an “Extension Request”). The Administrative Agent shall forward to each notify the Revolving Lender a copy of any such Lenders if it receives an Extension Request delivered to the Administrative Agent promptly upon receipt thereof. Subject to satisfaction of the following conditions, the Revolving Credit Termination Date then in effect shall be extended for six months: months effective upon receipt by the Administrative Agent of the Extension Request and payment of the fee referred to in the following clause (aii): (i) immediately prior to such extension and immediately after giving effect thereto, (ix) no Default or Event of Default shall exist and (iiy) the representations and warranties made or deemed made by the Borrower and each other Loan Party in the Loan Documents to which any of them is a party party, shall be true and correct in all material respects (except to in the extent otherwise case of a representation or warranty qualified by materiality, in which case such representation or warranty shall be true and correct in all respects) on and as of the date of such extension with the same force and effect as if made on and as of such date except to the extent that such representations and warranties expressly relate solely to an earlier date (in which case such representations and warranties shall have been true and correct in all material respects (except to in the extent otherwise case of a representation or warranty qualified by materiality, in which case such representation or warranty shall have been true and correct in all respects) on and as of such earlier date) and except for changes in factual circumstances not prohibited expressly permitted under the Loan Documents and (bii) the Borrower shall have paid the Fees payable under Section 3.6.(d3.5.(d). At any time prior to the effectiveness of any such extension, upon the Administrative Agent’s request, the Borrower shall deliver to the Administrative Agent a certificate from the chief executive officer or chief financial officer or treasurer certifying the matters referenced referred to in the immediately preceding clauses (ai)(x) and (bi)(y).
Appears in 1 contract
Samples: Credit Agreement (Government Properties Income Trust)