Common use of Extension of Scheduled Commitment Termination Date Clause in Contracts

Extension of Scheduled Commitment Termination Date. The Borrower may request an extension of the scheduled Commitment Termination Date by submitting a request for an extension to the Administrative Agent (an “Extension Request”) no more than 60 days prior to the scheduled Commitment Termination Date then in effect. The Extension Request must specify the new scheduled Commitment Termination Date and the date (which must be at least 30 days after the Extension Request is delivered to the Administrative Agent) as of which the Lenders must respond to the Extension Request (the “Response Date”). The new scheduled Commitment Termination Date shall be 364 days after the scheduled Commitment Termination Date in effect at the time an Extension Request is received, including the scheduled Commitment Termination Date as one of the days in the calculation of the days elapsed. Promptly upon receipt of an Extension Request, the Administrative Agent shall notify each Lender of the contents thereof and shall request each Lender to approve such Extension Request, which approval shall be at the sole discretion of each Lender. Each Lender approving such Extension Request shall deliver its written consent no later than the Response Date. If the written consent of each of the Lenders (excluding any Person which ceases to be a Lender pursuant to Section 8.07(g)(iii)) is received by the Administrative Agent, the new scheduled Commitment Termination Date specified in the Extension Request shall become effective on the existing scheduled Commitment Termination Date and the Administrative Agent shall promptly notify each Borrower and each Lender of the new scheduled Commitment Termination Date. If all Lenders (including any Person which becomes a Lender pursuant to Section 8.07(g)) do not consent to an Extension Request, the scheduled Commitment Termination Date shall not be extended pursuant to such Extension Request.

Appears in 8 contracts

Samples: Credit Agreement, Credit Agreement, Credit Agreement

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Extension of Scheduled Commitment Termination Date. The Borrower Borrowers may request an extension of the scheduled Commitment Termination Date by submitting a request for an extension at any time and from time to the Administrative Agent time (an “Extension Request”) no but not more than 60 days nor less than 30 days prior to the scheduled then existing Scheduled Commitment Termination Date) request that the Lenders agree (the decision to agree to be within the sole and absolute discretion of each Lender) to extend such then existing Scheduled Commitment Termination Date then in effect. The Extension Request must specify to a day (and, if such day is not a Business Day, such day shall be the new scheduled Commitment Termination Date and immediately preceding Business Day) that is not later than 364 days from the date that the Required Lenders shall have consented to such request (which must be at least 30 days after the Extension Request is delivered “New Date”) by giving written notice thereof to the Administrative Agent) as . Upon receipt of which each such notice, the Lenders must Administrative Agent shall promptly send each Lender a copy thereof. Any Lender that either does not agree with such request or does not respond to such notice before the Extension Request (15th day prior to the “Response Date”). The new scheduled then effective Scheduled Commitment Termination Date shall be 364 days after deemed not to have consented to such extension (each a “Non-extending Lender”). With the scheduled consent of the Administrative Agent, which shall not be unreasonably withheld, the Borrowers may, at their sole cost and expense, replace any Non-extending Lender with another Lender (each a “Replacement Lender”). In the event that Required Lenders shall have consented to such extension request, the then existing Scheduled Commitment Termination Date in effect at shall, subject to Section 8.2, be extended to the time an Extension Request is receivedNew Date, including provided that (i) the scheduled Borrowers shall have paid to each Non-extending Lender all obligations owing to such Non-extending Lender as of the then existing Scheduled Commitment Termination Date as one of the days in the calculation of the days elapsed. Promptly upon receipt of an Extension RequestDate, (ii) the Administrative Agent shall notify each Lender have received such certificates, legal opinions and other documents as it shall reasonably request in connection with such extension and (iii) the aggregate amount of the contents thereof and shall request each Lender to approve such Extension Request, which approval Commitments shall be at reduced by the sole discretion of each Lender. Each Lender approving such Extension Request shall deliver its written consent no later than the Response Date. If the written consent of each aggregate amount of the Commitments of Non-extending Lenders (excluding any Person which ceases to be a Lender pursuant to Section 8.07(g)(iii)) is received by that have not been replaced with the Administrative AgentCommitments of Replacement Lenders. In all other events, the new scheduled Commitment Termination Date specified in the Extension Request shall become effective on the then existing scheduled Commitment Termination Date and the Administrative Agent shall promptly notify each Borrower and each Lender of the new scheduled Commitment Termination Date. If all Lenders (including any Person which becomes a Lender pursuant to Section 8.07(g)) do not consent to an Extension Request, the scheduled Scheduled Commitment Termination Date shall not be extended pursuant and shall remain in full force and effect. In no event shall the Scheduled Commitment Termination Date be extended to such Extension Requesta date later than September 8, 2011.

Appears in 2 contracts

Samples: Credit Agreement (Highland Floating Rate Fund), Credit Agreement (Highland Funds I)

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