Common use of Extension of Revolving Maturity Date Clause in Contracts

Extension of Revolving Maturity Date. The Borrower shall have one (1) option (which shall be binding on the Revolving Lenders), exercisable by written notice to the Administrative Agent (which shall promptly notify each of the Lenders) given no more than ninety (90) days nor less than thirty (30) days prior to the then-current Revolving Maturity Date to extend the Revolving Maturity Date for a period of six (6) months. Upon delivery of such notice, the Revolving Maturity Date shall be extended for six (6) months so long as the following conditions are satisfied: (i) no Default or Event of Default has occurred and is continuing as of the effective date of such extension and after giving effect thereto; (ii) the representations and warranties made or deemed made in any Loan Document shall be true and correct in all material respects (other than any representation or warranty qualified as to “materiality”, “Material Adverse Effect” or similar language, which shall be true and correct in all respects) as of the effective date of such extension 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 (other than any representation or warranty qualified as to “materiality”, “Material Adverse Effect” or similar language, which shall be true and correct in all respects) on and as of such earlier date); (iii) if the Guaranty Release has not occurred, each Guarantor shall have provided to the Administrative Agent an affirmation and consent to such extension, in form and substance reasonably acceptable to the Administrative Agent; (iv) the Borrower shall have paid an extension fee equal to 0.0625% of the aggregate amount of the then outstanding Revolving Commitments (to the Administrative Agent for the ratable benefit of the Revolving Lenders); and (v) the Borrower shall have paid all other outstanding fees, expenses and other amounts which are due and payable pursuant to this Agreement.

Appears in 2 contracts

Samples: Agreement (Four Corners Property Trust, Inc.), Credit and Term Loan Agreement (Four Corners Property Trust, Inc.)

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Extension of Revolving Maturity Date. The Borrower shall have the right, exercisable one (1) option (which shall be binding on time, to request that the Administrative Agent and the Revolving Lenders), exercisable Lenders extend the Original Revolving Maturity Date by written notice one year to the Extended Revolving Maturity Date by executing and delivering to the Administrative Agent at least sixty (which shall promptly notify each of the Lenders60) given no days, but not more than ninety one hundred eighty (90180) days nor less than thirty (30) days days, prior to the then-current Original Revolving Maturity Date to extend Date, a written request for such extension (an “Extension Request”). The Administrative Agent shall notify the Revolving Maturity Date for a period Lenders if it receives an Extension Request promptly upon receipt thereof. Subject to satisfaction of six (6) months. Upon delivery of such noticethe following conditions, the Revolving Maturity Date shall be extended for six (6) months so long as to the following conditions are satisfiedExtended Revolving Maturity Date: (ix) immediately prior to such extension and immediately after giving effect thereto, (A) no Default or Event of Default has occurred shall exist and is continuing as of the effective date of such extension and after giving effect thereto; (iiB) the representations and warranties made or deemed made by the Borrower and each other Loan Party in the Loan Documents to which any Loan Document of them is a party, shall be true and correct in all material respects (other than any except in the case of a representation or warranty qualified as to “by materiality, “Material Adverse Effect” in which case such representation or similar language, which warranty shall be true and correct in all respects) on and as of the effective 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 (other than any except in the case of a representation or warranty qualified as to “by materiality, “Material Adverse Effect” in which case such representation or similar language, which warranty shall be true and correct in all respects) on and as of such earlier date); ) and except for changes in factual circumstances specifically and expressly permitted under the Loan Documents and (iii) if the Guaranty Release has not occurred, each Guarantor shall have provided to the Administrative Agent an affirmation and consent to such extension, in form and substance reasonably acceptable to the Administrative Agent; (ivy) the Borrower shall have paid an extension fee equal the Fees payable under Section 3.5(e). At any time prior to 0.0625% the effectiveness of any such extension, upon the aggregate amount of Administrative Agent’s request, the then outstanding Revolving Commitments (Borrower shall deliver to the Administrative Agent for a certificate from the ratable benefit of chief executive officer or chief financial officer certifying the Revolving Lenders); matters referred to in the immediately preceding clauses (x)(A) and (v) the Borrower shall have paid all other outstanding fees, expenses and other amounts which are due and payable pursuant to this Agreementx)(B).

Appears in 1 contract

Samples: Credit Agreement (Hudson Pacific Properties, L.P.)

Extension of Revolving Maturity Date. The Borrower shall have the right, exercisable one (1) option (which shall be binding on the Revolving Lenders)time, exercisable by written notice to request that the Administrative Agent (which shall promptly notify each of and the Lenders) given no more than ninety (90) days nor less than thirty (30) days prior to the then-current Revolving Maturity Date Lenders agree to extend the Revolving Maturity Date by one (1) year. The Borrower may exercise such right only by executing and delivering to the Administrative Agent at least thirty (30) days, but not more than one hundred twenty (120) days, prior to the current Revolving Maturity Date, a written request for a period such extension (an “Extension Request”). The Administrative Agent shall notify the Revolving Lenders if it receives an Extension Request 50 promptly upon receipt thereof. Subject to satisfaction of six (6) months. Upon delivery of such noticethe following conditions, the Original Revolving Maturity Date shall be extended for six (6) months so long as to the following conditions are satisfiedExtended Revolving Maturity Date: (ix) immediately prior to such extension and immediately after giving effect thereto, (A) no Default or Event of Default has occurred shall exist, and is continuing as of the effective date of such extension and after giving effect thereto; (iiB) the representations and warranties made or deemed made by the Borrower and each other Loan Party in the Loan Documents to which any Loan Document of them is a party, shall be true and correct in all material respects (other than any except in the case of a representation or warranty qualified as to “by materiality, “Material Adverse Effect” in which case such representation or similar language, which warranty shall be true and correct in all respects) on and as of the effective 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 (other than any except in the case of a representation or warranty qualified as to “by materiality, “Material Adverse Effect” in which case such representation or similar language, which warranty shall be true and correct in all respects) on and as of such earlier date); ) and except for changes in factual circumstances specifically and expressly permitted under the Loan Documents, and (iii) if the Guaranty Release has not occurred, each Guarantor shall have provided to the Administrative Agent an affirmation and consent to such extension, in form and substance reasonably acceptable to the Administrative Agent; (ivy) the Borrower shall have paid an extension fee equal the Fees payable under Section 3.5(c). At any time prior to 0.0625% the effectiveness of any such extension, upon the aggregate amount of Administrative Agent’s request, the then outstanding Revolving Commitments (Borrower shall deliver to the Administrative Agent for a certificate from the ratable benefit of chief executive officer or chief financial officer certifying the Revolving Lenders); matters referred to in the immediately preceding clauses (x)(A) and (v) the Borrower shall have paid all other outstanding fees, expenses and other amounts which are due and payable pursuant to this Agreementx)(B).

Appears in 1 contract

Samples: Credit Agreement (Spirit Realty Capital, Inc.)

Extension of Revolving Maturity Date. The Borrower shall have the right, exercisable one (1) option (which shall be binding on the Revolving Lenders)time, exercisable by written notice to request that the Administrative Agent (which shall promptly notify each of and the Lenders) given no more than ninety (90) days nor less than thirty (30) days prior to the then-current Revolving Maturity Date Lenders agree to extend the Revolving Maturity Date by one (1) year. The Borrower may exercise such right only by executing and delivering to the Administrative Agent at least thirty (30) days, but not more than one hundred twenty (120) days, prior to the current Revolving Maturity Date, a written request for a period such extension (an “Extension Request”). The Administrative Agent shall notify the Revolving Lenders if it receives an Extension Request promptly upon receipt thereof. Subject to satisfaction of six (6) months. Upon delivery of such noticethe following conditions, the Original Revolving Maturity Date shall be extended for six (6) months so long as to the following conditions are satisfiedExtended Revolving Maturity Date: (ix) immediately prior to such extension and immediately after giving effect thereto, (A) no Default or Event of Default has occurred shall exist, and is continuing as of the effective date of such extension and after giving effect thereto; (iiB) the representations and warranties made or deemed made by the Borrower and each other Loan Party in the Loan Documents to which any Loan Document of them is a party, shall be true and correct in all material respects (other than any except in the case of a representation or warranty qualified as to “by materiality, “Material Adverse Effect” in which case such representation or similar language, which warranty shall be true and correct in all respects) on and as of the effective 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 (other than any except in the case of a representation or warranty qualified as to “by 50 materiality, “Material Adverse Effect” in which case such representation or similar language, which warranty shall be true and correct in all respects) on and as of such earlier date); ) and except for changes in factual circumstances specifically and expressly permitted under the Loan Documents, and (iii) if the Guaranty Release has not occurred, each Guarantor shall have provided to the Administrative Agent an affirmation and consent to such extension, in form and substance reasonably acceptable to the Administrative Agent; (ivy) the Borrower shall have paid an extension fee equal the Fees payable under Section 3.5(c). At any time prior to 0.0625% the effectiveness of any such extension, upon the aggregate amount of Administrative Agent’s request, the then outstanding Revolving Commitments (Borrower shall deliver to the Administrative Agent for a certificate from the ratable benefit of chief executive officer or chief financial officer certifying the Revolving Lenders); matters referred to in the immediately preceding clauses (x)(A) and (v) the Borrower shall have paid all other outstanding fees, expenses and other amounts which are due and payable pursuant to this Agreementx)(B).

Appears in 1 contract

Samples: Credit Agreement (Spirit Realty Capital, Inc.)

Extension of Revolving Maturity Date. The Borrower shall have one (1) option (which shall be binding on the Revolving Lenders)right, exercisable by written notice two (2) times, to request that the Administrative Agent (which shall promptly notify each of and the Lenders) given no more than ninety (90) days nor less than thirty (30) days prior to the then-current Revolving Maturity Date to Lenders extend the Revolving Maturity Date for a period of by six (6) monthsmonths per extension. Upon delivery The Borrower may exercise such right only by executing and delivering to the Administrative Agent at least thirty (30) days, but not more than one hundred twenty (120) days, prior to the then current Revolving Maturity Date, a written request for such extension (an “Extension Request”). The Administrative Agent shall notify the Revolving Lenders if it receives an Extension Request promptly upon receipt thereof. Subject to satisfaction of such noticethe following conditions for each extension, the Revolving Maturity Date shall be extended for by six (6) months so long as (to September 30, 2023, in the following conditions are satisfied: case of the first extension, and to March 31, 2024, in the case of the second extension): (ix) immediately prior to such extension and immediately after giving effect thereto, (A) no Default or Event of Default has occurred shall exist, and is continuing as of the effective date of such extension and after giving effect thereto; (iiB) the representations and warranties made or deemed made by the Borrower and each other Loan Party in the Loan Documents to which any Loan Document of them is a party, shall be true and correct in all material respects (other than any except in the case of a representation or warranty qualified as to “by materiality, “Material Adverse Effect” in which case such representation or similar language, which warranty shall be true and correct in all respects) on and as of the effective 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 (other than any except in the case of a representation or warranty qualified as by materiality, in which case such representation or warranty [Signature Page to “materiality”, “Material Adverse Effect” or similar language, which Spirit Revolving Credit and Term Loan Agreement] shall be true and correct in all respects) on and as of such earlier date); ) and except for changes in factual circumstances specifically and expressly permitted under the Loan Documents, (iii) if the Guaranty Release has not occurred, each Guarantor shall have provided to the Administrative Agent an affirmation and consent to such extension, in form and substance reasonably acceptable to the Administrative Agent; (ivy) the Borrower shall have paid an extension fee equal to 0.0625% the Fees payable under Section 3.5(c) and all expenses of the aggregate amount Administrative Agent payable pursuant to Section 13.2 that have been invoiced at least two (2) Business Days prior to such extension date and (z) each of the then outstanding Revolving Commitments (Guarantors has reaffirmed in writing that its Guaranty remains in full force and effect. 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 for a certificate from the ratable benefit of chief executive officer or chief financial officer certifying the Revolving Lendersmatters referred to in the immediately preceding clauses (x)(A); , (x)(B) and (v) the Borrower shall have paid all other outstanding fees, expenses and other amounts which are due and payable pursuant to this Agreementz).

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Spirit Realty, L.P.)

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Extension of Revolving Maturity Date. The Borrower shall have one two (12) option options (which shall be binding on the Revolving Lenders), exercisable by written notice to the Administrative Agent (which shall promptly notify each of the Lenders) given no more than ninety (90) days nor less than thirty (30) days prior to the then-current Revolving Maturity Date Date, in each case, to extend the Revolving Maturity Date for a period of six (6) months. Upon delivery of such notice, the Revolving Maturity Date shall be extended for six (6) months so long as the following conditions are satisfied: (i) no Default or Event of Default has occurred and is continuing as of the effective date of such extension and after giving effect thereto; (ii) the representations and warranties made or deemed made in any Loan Document shall be true and correct in all material respects (other than any representation or warranty qualified as to “materiality”, “Material Adverse Effect” or similar language, which shall be true and correct in all respects) as of the effective date of such extension 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 (other than any representation or warranty qualified as to “materiality”, “Material Adverse Effect” or similar language, which shall be true and correct in all respects) on and as of such earlier date); (iii) if the Guaranty Release has not occurred, each Guarantor shall have provided to the Administrative Agent an affirmation and consent to such extension, in form and substance reasonably acceptable to the Administrative Agent; (iv) the Borrower shall have paid an extension fee equal to 0.06250.075% of the aggregate amount of the then outstanding Revolving Commitments (to the Administrative Agent for the ratable benefit of the Revolving Lenders); and (v) the Borrower shall have paid all other outstanding fees, expenses and other amounts which are due and payable pursuant to this Agreement.

Appears in 1 contract

Samples: Lease Agreement (Four Corners Property Trust, Inc.)

Extension of Revolving Maturity Date. The Borrower shall have one two (12) option options (which shall be binding on the Revolving Lenders), exercisable by written notice to the Administrative Agent (which shall promptly notify each of the Lenders) given no more than ninety (90) days nor less than thirty (30) days prior to the then-current Revolving Maturity Date Date, in each case, to extend the Revolving Maturity Date for a period of six (6) months. Upon delivery of such notice, the Revolving Maturity Date shall be extended for six (6) months so long as the following conditions are satisfied: (i) no Default or Event of Default has occurred and is continuing as of the effective date of such extension and after giving effect thereto; (ii) the representations and warranties made or deemed made in any Loan Document shall be true and correct in all material respects (other than any representation or warranty qualified as to “materiality”, “Material Adverse Effect” or similar language, which shall be true and correct in all respects) as of the effective date of such extension 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 (other than any representation or warranty qualified as to “materiality”, “Material Adverse Effect” or similar language, which shall be true and correct in all respects) on and as of such earlier date); (iii) if the Guaranty Release has not occurred, each Guarantor shall have provided to the Administrative Agent an affirmation and consent to such extension, in form and substance reasonably acceptable to the Administrative Agent; (iv) the Borrower shall have paid an extension fee equal to 0.06250.075% of the aggregate amount of the then outstanding Revolving Commitments (to the Administrative Agent for the ratable benefit of the Revolving Lenders); and (v) the Borrower shall have paid all other outstanding fees, expenses and other amounts which are due and payable pursuant to this Agreement.

Appears in 1 contract

Samples: Credit and Term Loan Agreement (Four Corners Property Trust, Inc.)

Extension of Revolving Maturity Date. The Borrower shall have the right, exercisable one (1) option (which shall be binding on time, to request that the Administrative Agent and the Revolving Lenders), exercisable Lenders extend the Original Revolving Maturity Date by written notice one year to the Extended Revolving Maturity Date by executing and delivering to the Administrative Agent at least sixty (which shall promptly notify each of the Lenders60) given no days, but not more than ninety one hundred eighty (90180) days nor less than thirty (30) days days, prior to the then-current Original Revolving Maturity Date to extend Date, a written request for such extension (an “Extension Request”). The Administrative Agent shall notify the Revolving Maturity Date for a period Lenders if it receives an Extension Request promptly upon receipt thereof. Subject to satisfaction of six (6) months. Upon delivery of such noticethe following conditions, the Revolving Maturity Date shall be extended for six (6) months so long as to the following conditions are satisfiedExtended Revolving Maturity Date: (ix) immediately prior to such extension and immediately after giving effect thereto, (A) no Default or Event of Default has occurred shall exist and is continuing as of the effective date of such extension and after giving effect thereto; (iiB) the representations and warranties made or deemed made by the Borrower and each other Loan Party in the Loan Documents to which any Loan Document of them is a party, shall be true and correct in all material respects (other than any representation or warranty qualified as to “materiality”, “Material Adverse Effect” or similar language, which shall be true on and correct in all respects) as of the effective 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 (other than any representation or warranty qualified as to “materiality”, “Material Adverse Effect” or similar language, which shall be true and correct in all respects) on and as of such earlier date); ) and except for changes in factual circumstances specifically and expressly permitted under the Loan Documents and (iii) if the Guaranty Release has not occurred, each Guarantor shall have provided to the Administrative Agent an affirmation and consent to such extension, in form and substance reasonably acceptable to the Administrative Agent; (ivy) the Borrower shall have paid an extension fee equal the Fees payable under Section 3.5(e). At any time prior to 0.0625% the effectiveness of any such extension, upon the aggregate amount of Administrative Agent’s request, the then outstanding Revolving Commitments (Borrower shall deliver to the Administrative Agent for a certificate from the ratable benefit of chief executive officer or chief financial officer certifying the Revolving Lenders); matters referred to in the immediately preceding clauses (x)(A) and (v) the Borrower shall have paid all other outstanding fees, expenses and other amounts which are due and payable pursuant to this Agreementx)(B).

Appears in 1 contract

Samples: Credit Agreement (Hudson Pacific Properties, Inc.)

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