Common use of Extension of Stated Expiration Date Clause in Contracts

Extension of Stated Expiration Date. At any time there shall remain no less than ninety (90) days to the then current Stated Expiration Date of the Letter of Credit, the Applicant may request the Banks, through the Administrative Agent, to extend the then current Stated Expiration Date for a period of one year. If each of the Banks, in its sole discretion, elects to extend the Stated Expiration Date then in effect, they shall advise the Administrative Agent of such election, and the Administrative Agent shall, within thirty (30) days of receipt of such extension request, advise the Applicant and the Issuing Bank who will deliver to the Trustee a Notice of Extension Amendment in the form of Annex K to the Letter of Credit (herein referred to as a “Notice of Extension”) designating the date to which the Stated Expiration Date is being extended, it being understood and agreed that the failure of the Administrative Agent to notify the Issuing Bank of any decision within such 30-day period shall be deemed to be a rejection of such request and the Issuing Bank shall not incur any liability or responsibility whatsoever by reason of the Administrative Agent’s failure to notify such parties within such 30-day period. The Administrative Agent’s consent to any such extension of the stated expiration date shall be conditioned upon the preparation, execution and delivery of documentation in form and substance satisfactory to the Administrative Agent, the Banks, and each of their respective counsel. Such extension of the Stated Expiration Date shall be effective, after receipt of such notice, on the Business Day following the date of delivery of such Notice of Extension Amendment, and thereafter all references in this Agreement to the Stated Expiration Date shall be deemed to be references to the date designated as such in the most recent Notice of Extension Amendment delivered to the Trustee. Any date to which the Stated Expiration Date has been extended in accordance with this Section 2.12 may be extended in like manner.

Extension of Stated Expiration Date. At any time there shall remain no less than ninety (90) days to the then current The Stated Expiration Date of the Letter of CreditCredit may be extended by the Bank, in the Applicant may Bank’s sole discretion, for an additional period acceptable to the Bank, upon the written request of the Banks, through City received by the Administrative Agent, Bank no earlier than one hundred eighty (180)]days and no later than sixty (60) days prior to extend the then current Stated Expiration Date for a period of one yearDates then in effect. If each of the BanksBank, in its sole discretion, elects to extend the Stated Expiration Date then in effecteffect of the Letter of Credit, they the Bank shall advise the Administrative Agent of such election, and the Administrative Agent shall, within thirty (30) days of receipt of such extension request, advise the Applicant and the Issuing Bank who will deliver to the Trustee Paying Agent/Registrar a Notice of Extension Amendment in the form of Annex K I to the Letter of Credit (herein referred to as a “Notice of Extension”) within thirty (30) days following the receipt of such written request designating the date to which the Stated Expiration Date is being extended, it being understood and agreed that . Failure to deliver a Notice of Extension by the failure of the Administrative Agent to notify the Issuing Bank of any decision within such thirty (30-) day period shall be deemed to be a rejection of such request and decision by the Issuing Bank shall not incur any liability or responsibility whatsoever by reason of to extend the Administrative Agent’s failure to notify such parties within such 30-day periodStated Expiration Date. The Administrative Agent’s consent to any such extension of the stated expiration date shall be conditioned upon the preparation, execution and delivery of documentation in form and substance satisfactory Subject to the Administrative Agentlast sentence of this Section, the Banks, and each of their respective counsel. Such such extension of the Stated Expiration Date shall be effective, after immediately upon receipt of such notice, on the Business Day following the date of delivery of such Notice of Extension Amendment, and thereafter all references in this Agreement to the Stated Expiration Date shall be deemed to be references to the date designated as such in the most recent Notice of Extension Amendment delivered to the TrusteePaying Agent/Registrar. Any date to which the Stated Expiration Date has been extended in accordance with this Section 2.12 2.13 may be further extended in like manner. Notwithstanding anything contained in this Agreement to the contrary, the Stated Expiration Date of the Letter of Credit shall not be extended without the prior written consent of the Bank.

Extension of Stated Expiration Date. At any time there The Company may request the Bank to extend the Stated Expiration Date of the Letter of Credit for successive five-year periods. On or before November 15, 2000, the Company shall remain no less than ninety (90) days request such an extension by executing and delivering to the Bank a written request in the form of Exhibit C attached hereto (an "Extension") executed by the Company. On or before November 15, 2005 and on or before November 15, 2010, provided the Bank has previously extended the stated Expiration Date, the Company shall request an extension in each instance by executing and delivering to the Bank an Extension executed by the Company. Upon receipt of an Extension, the Bank shall then current determine whether or not there is an Event of Default as defined herein or in any of the Related Documents. If an Event of Default exists under Section 8.1(a), (f) or (g) of this Reimbursement Agreement, or a payment default exists under any Related Document, the Bank shall not be obligated to extend the Stated Expiration Date of the Letter of Credit. If any other Event of Default exists under the Reimbursement Agreement or any Related Document, the Applicant may request Bank shall provide written notice to the Banks, through Company of such Event of Default and the Administrative Agent, to extend the then current Stated Expiration Date for Company shall have a period of one yearthirty (30) days after receipt of said notice to cure such Event of Default. If each there is no Event of Default or if such Event of Default is cured within such thirty (30) day period, the Banks, in its sole discretion, elects to Bank shall extend the Stated Expiration Date then in effect, they shall advise the Administrative Agent of such election, and the Administrative Agent shall, within thirty by five (305) days of receipt of such extension request, advise the Applicant and the Issuing Bank who will deliver years by delivering to the Trustee a Notice of Trustee, on or before December 31, 2000 and on or before December 31, 2005 and December 31, 2010, as applicable, an Extension Amendment Certificate in the form of Annex K F to the Letter of Credit. If there is an Event of Default that is not cured as provided in this Section 2.11, then the Bank will not be obligated to extend the Letter of Credit (herein referred to as a “Notice of Extension”) designating and the date to which the Stated Expiration Date is being extended, it being understood and agreed that the Bank shall not deliver an Extension Certificate in accordance with this Section 2.11. Such failure of the Administrative Agent to notify the Issuing Bank of any decision within such 30-day period shall be deemed to be a rejection of such request and the Issuing Bank shall not incur any liability or responsibility whatsoever by reason denial of the Administrative Agent’s failure to notify such parties within such 30-day period. The Administrative Agent’s consent to any such Company's extension of the stated expiration date shall be conditioned upon the preparation, execution and delivery of documentation in form and substance satisfactory to the Administrative Agent, the Banks, and each of their respective counsel. Such extension of the Stated Expiration Date shall be effective, after receipt of such notice, on the Business Day following the date of delivery of such Notice of Extension Amendment, and thereafter all references in this Agreement to the Stated Expiration Date shall be deemed to be references to the date designated as such in the most recent Notice of Extension Amendment delivered to the Trustee. Any date to which the Stated Expiration Date has been extended in accordance with this Section 2.12 may be extended in like mannerrequest.

Extension of Stated Expiration Date. At any time there shall remain no less (a) No later than ninety (90) 90 days to before each anniversary date of this Agreement the then current Company may make a request for a one-year extension of the Stated Expiration Date of the Letter of Credit, the Applicant may request the Banks, through in a written notice to the Administrative Agent. The Administrative Agent will promptly inform the Issuing Bank and the Participating Banks of any such request. Each of the Issuing Bank and each Participating Bank may, in its sole and absolute discretion, determine whether to extend the then current Stated Expiration Date for a period of one yearconsent to such request. If each of the Banks, in its sole discretion, elects Issuing Bank and each Participating Bank shall give irrevocable written notice to the Administrative Agent not later than 45 days prior to such Stated Expiration Date stating that it is so willing to extend the Stated Expiration Date then in effectDate, they shall advise then, subject to any conditions precedent that the Administrative Agent may require in connection with such extension (e.g., the remaking of representations and warranties, no Potential Default or Event of Default having occurred or the delivery of a legal opinion and other appropriate documentation), the Stated Expiration Date shall be so extended, such election, extension to be effective as provided in Section 2.15(b) and the Administrative Agent shallshall promptly notify the Issuing Bank, within thirty (30) days of receipt the Participating Banks and the Company of such extension request, advise the Applicant and circumstance. Failure by the Issuing Bank who will or any Participating Bank to deliver such a notice to the Trustee a Notice of Extension Amendment in the form of Annex K to the Letter of Credit (herein referred to as a “Notice of Extension”) designating the date to which the Stated Expiration Date is being extended, it being understood and agreed that the failure of the Administrative Agent to notify the Issuing Bank of any decision within such 30-day period time frame shall be deemed to be a rejection denial of such the Company's request and by the Issuing Bank shall or such Participating Bank. If the Issuing Bank and each Participating Bank have not incur any liability or responsibility whatsoever by reason of delivered written notices in accordance with the Administrative Agent’s failure to notify such parties within such 30-day period. The Administrative Agent’s consent to any such extension of the stated expiration date shall be conditioned upon the preparation, execution and delivery of documentation in form and substance satisfactory terms hereof consenting to the Administrative Agent, the Banks, and each of their respective counsel. Such extension of the Stated Expiration Date shall be effectiveDate, after receipt of such notice, on the Business Day following the date of delivery of such Notice of Extension Amendment, and thereafter all references in this Agreement to the Stated Expiration Date shall not be deemed to be references to extended and the date designated as Administrative Agent shall promptly notify the Issuing Bank, the Participating Banks and the Company of such in the most recent Notice of Extension Amendment delivered to the Trusteecircumstance. Any date to which the Stated Expiration Date has been extended in accordance with this Section 2.12 2.15 may be extended in like manner.

Extension of Stated Expiration Date. At any time there shall remain no less (a) No later than ninety (90) 90 days to before each anniversary date of this Agreement the then current Company may make a request for a one-year extension of the Stated Expiration Date of the Letter of Credit, the Applicant may request the Banks, through in a written notice to the Administrative Agent. The Administrative Agent will promptly inform the Issuing Bank and the Participating Banks of any such request. Each of the Issuing Bank and each Participating Bank may, in its sole and absolute discretion, determine whether to extend the then current Stated Expiration Date for a period of one yearconsent to such request. If each of the Banks, in its sole discretion, elects Issuing Bank and each Participating Bank shall give irrevocable written notice to the Administrative Agent not later than 45 days prior to such Stated Expiration Date stating that it is so willing to extend the Stated Expiration Date then in effectDate, they shall advise then, subject to any conditions precedent that the Administrative Agent may require in connection with such extension (e.g., the remaking of representations and warranties, no Potential Default or Event of Default having occurred or the delivery of a legal opinion and other appropriate documentation), the Stated Expiration Date shall be so extended, such election, extension to be effective as provided in Section 2.15(b) and the Administrative Agent shallshall promptly notify the Issuing Bank, within thirty (30) days of receipt the Participating Banks and the Company of such extension request, advise the Applicant and circumstance. Failure by the Issuing Bank who will or any Participating Bank to deliver such a notice to the Trustee a Notice of Extension Amendment in the form of Annex K to the Letter of Credit (herein referred to as a “Notice of Extension”) designating the date to which the Stated Expiration Date is being extended, it being understood and agreed that the failure of the Administrative Agent to notify the Issuing Bank of any decision within such 30-day period time frame shall be deemed to be a rejection denial of such the Company’s request and by the Issuing Bank shall or such Participating Bank. If the Issuing Bank and each Participating Bank have not incur any liability or responsibility whatsoever by reason of delivered written notices in accordance with the Administrative Agent’s failure to notify such parties within such 30-day period. The Administrative Agent’s consent to any such extension of the stated expiration date shall be conditioned upon the preparation, execution and delivery of documentation in form and substance satisfactory terms hereof consenting to the Administrative Agent, the Banks, and each of their respective counsel. Such extension of the Stated Expiration Date shall be effectiveDate, after receipt of such notice, on the Business Day following the date of delivery of such Notice of Extension Amendment, and thereafter all references in this Agreement to the Stated Expiration Date shall not be deemed to be references to extended and the date designated as Administrative Agent shall promptly notify the Issuing Bank, the Participating Banks and the Company of such in the most recent Notice of Extension Amendment delivered to the Trusteecircumstance. Any date to which the Stated Expiration Date has been extended in accordance with this Section 2.12 2.15 may be extended in like manner.

Extension of Stated Expiration Date. At any time there (a) The Letter of Credit provides by its terms that the Stated Expiration Date shall remain no be automatically extended for successive one-year terms (but not later than July 5, 2018) unless the Issuing Bank provides a Non-Extension Notice not less than ninety (90) 30 days prior to the then then-current Stated Expiration Date Date. The Issuing Bank may (and shall, if so directed by the Administrative Agent) provide such Non-Extension Notice at any time. The Administrative Agent shall direct the Issuing Bank to provide such Non-Extension Notice if so requested by the Company or any Participating Bank in writing to the Administrative Agent not more than 120 days and not less than 90 days prior to the then-applicable Stated Expiration Date. The Issuing Bank may issue any Non-Extension Notice, and any Participating Bank may make any request for issuance of a Non-Extension Notice under this Section 2.15, in each case in its sole and absolute discretion, whether or not any Potential Default or Event of Default exists. As a condition to allowing the extension of the Letter of Credit, any Bank may require the Applicant Company to deliver one or more amendments to this Agreement (which may request include modifications to any fees or other amounts required to be paid hereunder) or certificates (which may cover, among other things, the Banks, through the Administrative Agent, to extend the then current Stated Expiration Date for a period of one year. If each continued accuracy of the Banksrepresentations and warranties made hereunder), in its sole discretion, elects or impose other conditions thereto. The Issuing Bank shall notify the Company of any decision not to extend the Stated Expiration Date then promptly, and in effect, they shall advise any event not later than concurrently with the Administrative Agent giving of such election, and the Administrative Agent shall, within thirty (30) days of receipt of such extension request, advise the Applicant and the Issuing Bank who will deliver notice to the Trustee a Notice of Extension Amendment in the form of Annex K to accordance with the Letter of Credit (herein referred to as a “Notice Credit. Unless notice of Extension”) designating non-extension is provided in accordance with the date to which the Stated Expiration Date is being extendedLetter of Credit, it being understood and agreed that the failure of the Administrative Agent to notify the Issuing Bank of any decision within such 30-day period shall be deemed to be a rejection of such request and the Issuing Bank shall not incur any liability or responsibility whatsoever by reason of the Administrative Agent’s failure to notify such parties within such 30-day period. The Administrative Agent’s consent to any such extension of the stated expiration date shall be conditioned upon the preparation, execution and delivery of documentation in form and substance satisfactory to the Administrative Agent, the Banks, and each of their respective counsel. Such extension of the Stated Expiration Date shall be effective, after receipt automatically extended in accordance with the terms of such notice, on the Business Day following the date Letter of delivery of such Notice of Extension AmendmentCredit, and thereafter all references in this Agreement to the Stated Expiration Date shall be deemed to be references to the expiration date designated as such in the most recent Notice of Extension Amendment delivered to the Trustee. Any date to which the Stated Expiration Date has been so extended in accordance with this Section 2.12 may be extended in like mannerthe terms of the Letter of Credit.

Extension of Stated Expiration Date. At any time there shall remain no less than ninety (90) days to the then current The Stated Expiration Date of the Letter of CreditCredit may be extended by the Bank, in the Applicant may Bank’s sole discretion, for an additional period acceptable to the Bank, upon the written request of the Banks, through City received by the Administrative Agent, Bank no earlier than three hundred sixty (360) days and no later than forty-five (45) days prior to extend the then current Stated Expiration Date for a period of one yearthen in effect. If each of the BanksBank, in its sole discretion, elects to extend the Stated Expiration Date then in effecteffect of the Letter of Credit, they the Bank shall advise the Administrative Agent of such election, and the Administrative Agent shall, within thirty (30) days of receipt of such extension request, advise the Applicant and the Issuing Bank who will deliver to the Trustee Paying Agent/Registrar a Notice of Extension Amendment in the form of Annex K L to the Letter of Credit (herein referred to as a “Notice of Extension”) within thirty (30) days following the receipt of such written request designating the date to which the Stated Expiration Date is being extended, it being understood and agreed that . Failure to deliver a Notice of Extension by the failure of the Administrative Agent to notify the Issuing Bank of any decision within such thirty (30-) day period shall be deemed to be a rejection of such request and decision by the Issuing Bank shall not incur any liability or responsibility whatsoever by reason of to extend the Administrative Agent’s failure to notify such parties within such 30-day periodStated Expiration Date. The Administrative Agent’s consent to any such extension of the stated expiration date shall be conditioned upon the preparation, execution and delivery of documentation in form and substance satisfactory Subject to the Administrative Agentlast sentence of this Section, the Banks, and each of their respective counsel. Such such extension of the Stated Expiration Date shall be effective, after immediately upon receipt of such notice, on the Business Day following the date of delivery of such Notice of Extension Amendment, and thereafter all references in this Agreement to the Stated Expiration Date shall be deemed to be references to the date designated as such in the most recent Notice of Extension Amendment delivered to the TrusteePaying Agent/Registrar. Any date to which the Stated Expiration Date has been extended in accordance with this Section 2.12 2.13 may be further extended in like manner. Notwithstanding anything contained in this Agreement to the contrary, the Stated Expiration Date of the Letter of Credit shall not be extended without the prior written consent of the Bank.

Extension of Stated Expiration Date. At any time there shall remain no less than ninety (90) Within 90 days prior to each anniversary date of the then current Stated Expiration Date of issuance (or at such other times as the Letter of CreditBank and Company may mutually agree), the Applicant Company may request the Banks, through the Administrative Agent, Bank to extend the then current Stated Expiration Date for a period of not less than one additional year. If each of the BanksBank, in its sole discretion, elects to extend the Stated Expiration Date then in effect, they it shall advise the Administrative Agent of such election, and the Administrative Agent shall, within thirty (30) days of receipt of such extension request, advise the Applicant and the Issuing Bank who will deliver to the Trustee a Notice of Extension Amendment in the form of Annex Exhibit K to the Letter of Credit (herein referred to as a “"Notice of Extension”") designating the date to which the Stated Expiration Date is being extended, it being understood and agreed that the failure of the Administrative Agent to notify the Issuing Bank of any decision within such 30-day period shall be deemed to be a rejection of such request and the Issuing Bank shall not incur any liability or responsibility whatsoever by reason of the Administrative Agent’s failure to notify such parties within such 30-day period. The Administrative Agent’s consent to any such extension of the stated expiration date shall be conditioned upon the preparation, execution and delivery of documentation in form and substance satisfactory to the Administrative Agent, the Banks, and each of their respective counsel. Such extension of the Stated Expiration Date shall be effective, after receipt of such notice, on the Business Day following the date of delivery of such Notice of Extension AmendmentExtension, and thereafter all references in this Agreement to the Stated Expiration Date shall be deemed to be references to the date designated as such in the most recent Notice of Extension Amendment delivered to the Trustee. Any date to which the Stated Expiration Date has been extended in accordance with this Section 2.12 2.15 may be extended in like manner. Failure of the Bank to consent to such extension request as herein provided within thirty (30) days of a request by the Company to extend the then applicable Stated Expiration Date shall constitute an election by the Bank not to extend the Stated Expiration Date. No later than 120 days prior to the then current Stated Expiration Date the Company shall notify the Bank as to whether it will provide the Trustee with an Alternate Letter of Credit or no credit enhancement.