Common use of Extension of Scheduled Termination Date Clause in Contracts

Extension of Scheduled Termination Date. The Borrower may, no more frequently than once each year (commencing in the year 2006) by delivering written notice to the Managing Agents, request the Lenders to extend the date set forth in the definition of “Scheduled Termination Date” (the “Commitment Termination Date”) for an additional 364 days past the then applicable Commitment Termination Date, with such extension to become effective as of the date one or more Committed Lenders having Commitments equal to 100% of the Facility Limit shall in their sole discretion consent to such extension. Any such request shall be subject to the following conditions: (i) at no time will any Commitment of any Committed Lender have a term of more than 364 days and, if any such request would result in a term of more than 364 days, such request shall be deemed to have been made for such number of days so that, after giving effect to such extension on the date requested, such term will not exceed 364 days, (ii) none of the Lenders will have any obligation to extend any Commitment, (iii) any such extension of the Commitment Termination Date will be effective only upon the written agreement of at least one Committed Lender and the Borrower and (iv) any request for such extension shall be made not more than sixty (60) nor less than forty-five (45) days prior to the then current and applicable Commitment Termination Date. The Managing Agent for each applicable Committed Lender will respond to any such request within thirty (30) days but in any event no earlier than thirty (30) days prior to the then current Commitment Termination Date, provided, that any Managing Agent’s failure to respond within such period shall be deemed to be a rejection of the requested extension.

Appears in 2 contracts

Samples: Loan and Servicing Agreement (Puget Sound Energy Inc), Loan and Servicing Agreement (Puget Energy Inc /Wa)

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Extension of Scheduled Termination Date. The Borrower may, no more frequently than once each year (commencing in the year 20062005) by delivering written notice to the Managing Agents, request the Lenders to extend the date set forth in clause (i) of the definition of “Scheduled Termination Date” (the “Commitment Termination Date”) for an additional 364 days past the then applicable Commitment Termination Date, with such extension to become effective as of the date one or more Committed Lenders having Commitments equal to 100% of the Facility Limit shall in their sole discretion consent to such extension. Any such request shall be subject to the following conditions: (i) at no time will any Commitment of any Committed Lender have a term of more than 364 days and, if any such request would result in a term of more than 364 days, such request shall be deemed to have been made for such number of days so that, after giving effect to such extension on the date requested, such term will not exceed 364 days, (ii) none of the Lenders will have any obligation to extend any Commitment, (iii) any such extension of the Commitment Termination Date will be effective only upon the written agreement of at least one Committed Lender and the Borrower and (iv) any request for such extension shall be made not more than sixty (60) nor less than forty-five (45) days prior to the then current and applicable Commitment Termination Date. The Managing Agent for each applicable Committed Lender will respond to any such request within thirty (30) days but in any event no earlier than thirty (30) days prior to the then current Commitment Termination Date, provided, that any Managing Agent’s failure to respond within such period shall be deemed to be a rejection of the requested extension.

Appears in 1 contract

Samples: Loan and Servicing Agreement (Teco Energy Inc)

Extension of Scheduled Termination Date. (a) The Borrower may, no more frequently than once each year (commencing in the year 2006) by delivering written notice to the Managing Agents, request the Lenders to extend the date set forth in the definition of “Scheduled Termination Date” (the “Commitment Termination Date”) Date for a period of up to an additional 364 days past the then applicable Commitment Termination Date, with such extension to become effective as of the date one or more Committed Lenders having Commitments equal to 100% of the Facility Limit Maximum Committed Credit shall in their sole discretion consent to such extension. Any such request shall be subject to the following conditions: (i) at no time will any Commitment of any Committed Lender have a term of more than 364 days and, if any such request would result in a term of more than 364 days, such request shall be deemed to have been made for such number of days so that, after giving effect to such extension on the date requested, such term will not exceed 364 days, (ii) none of the Lenders will have any obligation to extend any Commitment, and (iii) any such extension of the Commitment Termination Date will be effective only upon the written agreement of at least one Committed Lender and the Borrower and (iv) any request for such extension shall be made not more than sixty (60) 45 nor less than forty-five (45) 30 days prior to the then current and applicable Commitment Termination Date. The Managing Agent for each applicable Committed Lender will respond to any such request within thirty (30) days but in any event no earlier than thirty (30) days prior to the then current Commitment Termination Date, provided, that any Managing Agent’s failure to respond within such period shall be deemed to be a rejection of the requested extension.

Appears in 1 contract

Samples: Loan and Security Agreement (Medallion Financial Corp)

Extension of Scheduled Termination Date. The Borrower may, no more frequently than once each year (commencing in the year 2006) by delivering written notice to the Managing AgentsAgent, request the Alternate Lenders to extend the date set forth in the definition of “Scheduled Termination Date” (the “Commitment Termination Date”) Date for an additional 364 days past the then applicable Commitment current Scheduled Termination Date, with such extension to become effective as of the date one or more Committed Lenders having Commitments equal to 100% of the Facility Limit shall in their sole discretion consent to such extension. Any such request shall be subject to the following conditions: (i) at no time will any Commitment of any Committed Lender have a term of more than 364 days and, if any such request would result in a term of more than 364 days, such request shall be deemed to have been made for such number of days so that, after giving effect to such extension on the date requested, such term will not exceed 364 days, (ii) none of the Alternate Lenders will have any obligation to extend any Commitment, (iii) any such extension of the Commitment Scheduled Termination Date will be effective only upon the written agreement of at least one Committed Lender the Alternate Lenders and the Borrower and (iv) any request for such extension shall be made not more than ninety (90) nor less than sixty (60) nor less days prior to the then current Scheduled Termination Date. Each Alternate Lender will respond to any such request no earlier than forty-five (45) days prior to the then current and applicable Commitment Termination Date. The Managing Agent for each applicable Committed Lender will respond to any such request within thirty (30) days but in any event no earlier than thirty (30) days prior to the then current Commitment Scheduled Termination Date, provided, that any Managing Agent’s Alternate Lender's failure to respond within such period shall be deemed to be a rejection of the requested extension. In the event that at least one Alternate Lender agrees to extend the Scheduled Termination Date, the Transaction Parties, the Agent and such extending Alternate Lenders shall enter into such documents as such extending Alternate Lenders may deem necessary or appropriate to reflect such extension, and all reasonable costs and expenses incurred by such Alternate Lenders and the Agent (including reasonable attorney's fees) shall be paid by the Borrower. In the event that any Alternate Lender declines the request to extend the Scheduled Termination Date (each such Alternate Lender being referred to herein as a "Non-Renewing Alternate Lender"), and the Commitment of such Non-Renewing Alternate Lender is not assigned to another Person in accordance with the terms of Article XII prior to the then current Scheduled Termination Date, the Borrowing Limit shall be reduced by an amount equal to each such Non-Renewing Alternate Lender's Commitment on the then current Scheduled Termination Date.

Appears in 1 contract

Samples: Credit and Security Agreement (PMC Commercial Trust /Tx)

Extension of Scheduled Termination Date. The Borrower may, no more frequently than once each year (commencing in the year 2006) by delivering written notice to the Managing AgentsAgents (with a copy to the Program Agent and the Conduit Lenders), request the Lenders to extend the date set forth in clause (i) of the definition of "Scheduled Termination Date" (the "Commitment Termination Date") for an additional 364 days past the then applicable Commitment Termination Date, with such extension to become effective with respect to any Lender Group, as of the date one or more Committed Lenders having Commitments equal to 100% of the Facility such Lender Group's Lender Group Limit shall in their sole discretion consent to such extension. extension (the Lenders in such a Lender Group, "Extending Lenders.") Any such request shall be subject to the following conditions: (i) at no time will any Commitment of any Committed Lender have a term of more than 364 days and, if any such request would result in a term of more than 364 days, such request shall be deemed to have been made for such number of days so that, after giving effect to such extension on the date requested, such term will not exceed 364 days, (ii) none of the Lenders will have any obligation to extend any Commitment, (iii) any such extension of the Commitment Termination Date will be effective only upon the written agreement of at least one Committed Lender and the Borrower and (iv) any request for such extension shall be made not more than at least sixty (60) nor less than forty-five (45) days prior to the then current and applicable Commitment Termination Date. The Managing Agent for each applicable Committed Lender will respond to any such request within thirty (30) days but in any event no earlier than thirty (30) days prior to the then current Commitment Termination Date, provided, that any Managing Agent’s 's failure to respond within such period shall be deemed to be a rejection of the requested extension.

Appears in 1 contract

Samples: Loan and Servicing Agreement (Sherwin Williams Co)

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Extension of Scheduled Termination Date. The Borrower SPE may, no more frequently than once each year (commencing in the year 2006) by delivering written notice to the Managing Agentsyear, request the Purchaser/Lenders to extend the date set forth in the definition of “Scheduled Termination Date” (the “Commitment Termination Date”) for an additional a period of 364 days past the then applicable Commitment Termination DateDate by delivering written notice to the Administrative Agent, with such extension to become effective as of the date one or more Committed Purchaser/Lenders having Commitments equal to 100% of the Facility Limit shall in their sole discretion consent to such extension. Any such request shall be subject to the following conditions: (i) at no time will any Commitment of any Committed Purchaser/Lender have a term of more than 364 days and, if any such request would result in a term of more than 364 days, such request shall be deemed to have been made for such number of days so that, after giving effect to such extension on the date requested, such term will not exceed 364 days, (ii) none of the Purchaser/Lenders will have any obligation to extend any Commitment, (iii) any such extension of the Commitment Termination Date will be effective only upon the written agreement of of, at least one Committed Purchaser/Lender and the Borrower SPE, and (iv) any request for such extension shall be made not more than sixty one hundred twenty (60120) nor less than forty-five (45) days prior to the then current and applicable Commitment Termination Date. The Managing Administrative Agent for each applicable Committed Lender will respond to any such request within thirty (30) days but in any event no earlier than thirty ninety (3090) days prior to the then current Commitment Termination Date, provided, that any Managing the Administrative Agent’s failure to respond within such period shall be deemed to be a rejection of the requested extension.

Appears in 1 contract

Samples: Purchase and Financing Agreement (Phillips 66)

Extension of Scheduled Termination Date. The Borrower may, no more frequently than once each year (commencing in the year 20062015) by delivering written notice to the Managing Agents, request the Committed Lenders to extend the date set forth in the definition of “Scheduled Termination Date” (the “Commitment Termination Date”) for an additional a period of 364 days past the then applicable Commitment Termination Date, with such extension to become effective as of the date one or more Committed Lenders having Commitments equal to 100% of the Facility Limit shall in their sole discretion consent to such extension. Any such request shall be subject to the following conditions: (i) at no time will any Commitment of any Committed Lender have a term of more than 364 days and, if any such request would result in a term of more than 364 days, such request shall be deemed to have been made for such number of days so that, after giving effect to such extension on the date requested, such term will not exceed 364 days, (ii) none of the Committed Lenders will have any obligation to extend any Commitment, (iii) any such extension of the Commitment Termination Date will be effective only upon the written agreement of at least one Committed Lender and the Borrower and (iv) any request for such extension shall be made not more than sixty (60) nor less than forty-five (45) days prior to the then current and applicable Commitment Termination Date. The Managing Agent for each applicable Committed Lender will respond to any such request within thirty (30) days but in any event no earlier than thirty (30) days prior to the then current Commitment Termination Date, provided, that any Managing Agent’s failure to respond within such period shall be deemed to be a rejection of the requested extension. If one or more Managing Agents (but less than all) does not extend the Scheduled Termination Date, the Commitments of the Committed Lenders in such Managing Agent’s Lender Group (each Lender in such Lender Group, a “Non-Renewing Lender”) shall expire on the then current Commitment Termination Date without further action required on the part of any Person and the Scheduled Termination Date shall be extended only with respect to the Committed Lenders that have confirmed the extension of their Commitments to the Borrower in writing on or prior to the then current Commitment Termination Date.

Appears in 1 contract

Samples: Loan and Servicing Agreement (Newell Rubbermaid Inc)

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