Common use of Extension of Termination Date Clause in Contracts

Extension of Termination Date. (a) The Borrower may, by notice to the Agent (which shall promptly deliver a copy to each of the Banks) not less than 30 days and not more than 60 days prior to the Termination Date then in effect hereunder (the “Existing Termination Date”), request that the Banks extend the Termination Date for an additional 364 days from the Existing Termination Date. Each Bank, acting in its sole discretion, shall, by notice to the Borrower and the Agent given on the date (and, subject to the provision below, only on the date) 21 days prior to the Existing Termination Date (provided, if such date is not a Domestic Business Day, then such notice shall be given on the next succeeding Domestic Business Day) (the “Consent Date”), advise the Borrower whether or not such Bank agrees to such extension; provided that each Bank that determines not to extend the Termination Date (a “Non-Extending Bank”) shall notify the Agent (who shall notify the Borrower) of such fact promptly after such determination (but in any event no later than the Consent Date) and any Bank that does not advise the Borrower on or before the Consent Date shall be deemed to be a Non-Extending Bank. The election of any Bank to agree to an extension of the Termination Date shall not obligate any other Bank to agree to such extension.

Appears in 5 contracts

Samples: Credit Agreement (Highland Funds I), Credit Agreement (NexPoint Capital, Inc.), Credit Agreement (NexPoint Capital, Inc.)

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Extension of Termination Date. (a) The Borrower may, by notice to the Agent (which shall promptly deliver a copy to each of the Banks) not less than 30 days and not more than 60 45 days prior to the Termination Date then in effect hereunder (the “Existing Termination Date”), request that the Banks extend the Termination Date for an additional 364 days from the Existing Termination Date. Each Bank, acting in its sole discretion, shall, by notice to the Borrower and the Agent given on the date (and, subject to the provision below, only on the date) 21 15 days prior to the Existing Termination Date (provided, if such date is not a Domestic Business Day, then such notice shall be given on the next succeeding Domestic Business Day) (the “Consent Date”), advise the Borrower whether or not such Bank agrees to such extension; provided that each Bank that determines not to extend the Termination Date (a “Non-Extending Bank”) shall notify the Agent (who shall notify the Borrower) of such fact promptly after such determination (but in any event no later than the Consent Date) and any Bank that does not advise the Borrower on or before the Consent Date shall be deemed to be a Non-Extending Bank. The election of any Bank to agree to an extension of the Termination Date shall not obligate any other Bank to agree to such extension.

Appears in 4 contracts

Samples: Credit Agreement (Western Asset Global High Income Fund Inc.), Credit Agreement (ClearBridge Energy MLP Total Return Fund Inc.), Credit Agreement (ClearBridge Energy MLP Fund Inc.)

Extension of Termination Date. (a) The Borrower may, by written notice to the Agent (which shall promptly deliver a copy of such notice to each of the Banks) not less than 30 days and not more than 60 45 days prior to the Termination Date then in effect hereunder (the “Existing Termination Date”), request that the Banks extend the Termination Date for an additional 364 days from the Existing Termination DateConsent Date (as defined below). Each Bank, acting in its sole discretion, shall, by written notice to the Borrower and the Agent given on the date (and, subject to the provision below, only on the date) 21 15 days prior to the Existing Termination Date (provided, if such date is not a Domestic Business Day, then such notice shall be given on the next succeeding Domestic Business Day) (the “Consent Date”), advise the Borrower whether or not such Bank agrees to such extension; provided that each Bank that determines not to extend the Termination Date (a “Non-Extending Bank”) shall notify the Agent (who shall notify the Borrower) of such fact promptly after such determination (but in any event no later than the Consent Date) and any Bank that does not advise the Borrower on or before the Consent Date shall be deemed to be a Non-Extending Bank. The election of any Bank to agree to an extension of the Termination Date shall not obligate any other Bank to agree to such extension.

Appears in 4 contracts

Samples: Credit Agreement (Blackrock Floating Rate Income Trust), Credit Agreement (Invesco High Income Trust II), Credit Agreement (Blackrock Debt Strategies Fund, Inc.)

Extension of Termination Date. (a) The Borrower Company may, by notice delivering a request to extend the Termination Date (an “Extension Request”) to the Agent (which who shall promptly deliver a copy to each of the Banks) ), not more than 45 days and not less than 30 days and not more than 60 days in advance of any anniversary of the Closing Date prior to the Termination Date then in effect hereunder (such anniversary date, the “Existing Termination Relevant Anniversary Date”), request that the Banks extend the Termination Date for an additional 364 days from in effect at such time (the “Existing Termination Date”) to the first anniversary of such Existing Termination Date. Each Bank, acting in its sole discretion, shall, by written notice to the Borrower and the Agent given on not later than the date (andthat is the 15th day after the date of the Extension Request, subject to the provision below, only on the date) 21 days prior to the Existing Termination Date (provided, or if such date is not a Domestic Business Day, then such notice shall be given on the next succeeding Domestic immediately following Business Day) Day (the “Consent Response Date”), advise the Borrower Agent in writing whether or not such Bank agrees to such the requested extension; provided that each . Each Bank that determines advises the Agent that it will not to extend the Existing Termination Date (is referred to herein as a “Non-Extending extending Bank”) shall notify the Agent (who shall notify the Borrower) of such fact promptly after such determination (but in any event no later than the Consent Date) and ; provided that any Bank that does not advise the Borrower Agent of its consent to such requested extension by the Response Date and any Bank that is a Defaulting Bank on or before the Consent Response Date shall be deemed to be a Non-Extending extending Bank. The Agent shall notify the Company, in writing, of the Banks’ elections promptly following the Response Date. The election of any Bank to agree to such an extension of the Termination Date shall not obligate any other Bank to agree so agree. The Termination Date may be extended no more than three times pursuant to such extensionthis subsection 2.22.

Appears in 3 contracts

Samples: Credit Agreement (Humana Inc), Credit Agreement (Humana Inc), Credit Agreement (Humana Inc)

Extension of Termination Date. (a) The Borrower Borrowers may, by notice to the Administrative Agent (which shall promptly deliver a copy to each of the Banks) not less earlier than 30 60 days and not more later than 60 45 days prior to the Termination Date then in effect hereunder (the “Existing Termination Date”), request that the Banks extend the Termination Date for an additional 364 days from the Existing Termination DateConsent Date (as defined below). Each Bank, acting in its sole discretion, shall, by notice to the Borrower Borrowers and the Administrative Agent given on not earlier than 30 days prior to the Existing Termination Date and not later than the date (and, subject to the provision below, only on the date) 21 that is 20 days prior to the Existing Termination Date (provided, if such date is not a Domestic Business Day, then such notice shall be given on the next succeeding Domestic Business Day) (the “Consent Date”), advise the Borrower Borrowers and the Administrative Agent whether or not such Bank agrees to such extension; provided that each Bank that determines not to extend the Termination Date (a “Non-Extending Bank”) shall notify the Administrative Agent (who shall notify the BorrowerBorrowers) of such fact promptly after such determination (but in any event no later than the Consent Date) and any Bank that does not advise the Borrower Borrowers on or before the Consent Date shall be deemed to be a Non-Extending Bank. The election of any Bank to agree to an such extension of the Termination Date shall not obligate any other Bank to agree to such extension.

Appears in 2 contracts

Samples: Credit Agreement, Credit Agreement (Blackrock Funds)

Extension of Termination Date. (a) The Borrower may, by written notice to the Agent (which shall promptly deliver a copy of such notice to each of the Banks) not less than 30 45 days and not more than 60 days prior to the Termination Date then in effect hereunder (the “Existing Termination Date”), request that the Banks extend the Termination Date for an additional 364 days from the Existing Termination DateConsent Date (as defined below). Each Bank, acting in its sole discretion, shall, by written notice to the Borrower and the Agent given on the date (and, subject to the provision below, only on the date) 21 30 days prior to the Existing Termination Date (provided, if such date is not a Domestic Business Day, then such notice shall be given on the next succeeding Domestic Business Day) (the “Consent Date”), advise the Borrower whether or not such Bank agrees to such extension; provided that each Bank that determines not to extend the Termination Date (a “Non-Extending Bank”) shall notify the Agent (who shall notify the BorrowerBorrowers) of such fact promptly after such determination (but in any event no later than the Consent Date) and any Bank that does not advise the Borrower on or before the Consent Date shall be deemed to be a Non-Extending Bank. The election of any Bank to agree to an extension of the Termination Date shall not obligate any other Bank to agree to such extension.

Appears in 2 contracts

Samples: Credit Agreement (Invesco Dynamic Credit Opportunities Fund), Credit Agreement (Invesco Senior Income Trust)

Extension of Termination Date. (a) The Borrower Company may, by notice delivering a request to extend the Termination Date (an “Extension Request”) to the Agent (which who shall promptly deliver a copy to each of the Banks) ), not more than 45 days and not less than 30 days and not more than 60 days in advance of any anniversary of the Closing Date prior to the Termination Date then in effect hereunder (such anniversary date, the “Existing Termination Relevant Anniversary Date”), request that the Banks extend the Termination Date for an additional 364 days from in effect at such time (the “Existing Termination Date”) to the first anniversary of such Existing Termination Date. Each Bank, acting in its sole discretion, shall, by written notice to the Borrower and the Agent given on not later than the date (andthat is the 15th day after the date of the Extension Request, subject to the provision below, only on the date) 21 days prior to the Existing Termination Date (provided, or if such date is not a Domestic Business Day, then such notice shall be given on the next succeeding Domestic immediately following Business Day) Day (the “Consent Response Date”), advise the Borrower Agent in writing whether or not such Bank agrees to such the requested extension; provided that each . Each Bank that determines advises the Agent that it will not to extend the Existing Termination Date (is referred to herein as a “Non-Extending extending Bank”) shall notify the Agent (who shall notify the Borrower) of such fact promptly after such determination (but in any event no later than the Consent Date) and ; provided, that any Bank that does not advise the Borrower Agent of its consent to such requested extension by the Response Date and any Bank that is a Defaulting Bank on or before the Consent Response Date shall be deemed to be a Non-Extending extending Bank. The Agent shall notify the Company, in writing, of the Banks’ elections promptly following the Response Date. The election of any Bank to agree to such an extension of the Termination Date shall not obligate any other Bank to agree so agree. The Termination Date may be extended no more than two times pursuant to such extensionthis subsection 2.22.

Appears in 1 contract

Samples: Credit Agreement (Humana Inc)

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Extension of Termination Date. (a) The Borrower may, by notice to the Agent (which shall promptly deliver a copy to each of the Banks) not less than 30 days and not more than 60 days prior to the Termination Date then in effect hereunder (the “Existing Termination Date”), request that the Banks extend the Termination Date for an additional 364 days from the Existing Termination Date. Each Bank, acting in its sole discretion, shall, by notice to the Borrower and the Agent given on the date (and, subject to the provision below, only on the date) 21 days prior to the Existing Termination Date (provided, if such date is not a Domestic Business Day, then such notice shall be given on the next succeeding Domestic Business Day) (the “Consent Date”), advise the Borrower whether or not such Bank agrees to such extension; provided that each Bank that determines not to extend the Termination Date (a “Non-Extending Bank”) shall notify the Agent (who shall notify the Borrower) of such fact promptly after such determination (but in any event no later than the Consent Date) and any Bank that does not advise the Borrower on or before the Consent Date shall be deemed to be a Non-Extending Bank. The election of any Bank to agree to an extension of the Termination Date shall not obligate any other Bank to agree to such extension.. NEXPOINT CREDIT STRATEGIES FUND AMENDED AND RESTATED CREDIT AGREEMENT

Appears in 1 contract

Samples: Credit Agreement (NexPoint Credit Strategies Fund)

Extension of Termination Date. (a) The Borrower Borrowers may, by notice to the Administrative Agent (which shall promptly deliver a copy to the Administrative Agent and each of the Banks) not less earlier than 30 60 days and not more later than 60 45 days prior to the Termination Date then in effect hereunder (the “Existing Termination Date”), request that the Banks extend the Termination Date for an additional 364 days from the Existing Termination DateConsent Date (as defined below). Each Bank, acting in its sole discretion, shall, by notice to the Borrower Borrowers and the Administrative Agent given on not earlier than 30 days prior to the Existing Termination Date and not later than the date (and, subject to the provision below, only on the date) 21 that is 20 days prior to the Existing Termination Date (provided, if such date is not a Domestic Business Day, then such notice shall be given on the next succeeding Domestic Business Day) (the “Consent Date”), advise the Borrower Borrowers and the Administrative Agent whether or not such Bank agrees to such extension; provided that each Bank that determines not to extend the Termination Date (a “Non-Extending Bank”) shall notify the Administrative Agent (who shall notify the BorrowerBorrowers) of such fact promptly after such determination (but in any event no later than the Consent Date) and any Bank that does not advise the Borrower Borrowers on or before the Consent Date shall be deemed to be a Non-Extending Bank. The election of any Bank to agree to an such extension of the Termination Date shall not obligate any other Bank to agree to such extension.

Appears in 1 contract

Samples: Credit Agreement (Blackrock Funds)

Extension of Termination Date. (a) The Borrower Company may, by notice delivering a request to extend the Termination Date (an “Extension Request”) to the Agent (which who shall promptly deliver a copy to each of the Banks) ), not more than 45 days and not less than 30 days and not more than 60 days prior to in advance of the Termination Date then in effect hereunder at such time (the “Existing Termination Date”), request that the Banks extend the Existing Termination Date for an additional to the date that is 364 days from the after such Existing Termination Date. Each Bank, acting in its sole discretion, shall, by written notice to the Borrower and the Agent given on not later than the date (andthat is the 15th day after the date of the Extension Request, subject to the provision below, only on the date) 21 days prior to the Existing Termination Date (provided, or if such date is not a Domestic Business Day, then such notice shall be given on the next succeeding Domestic immediately following Business Day) Day (the “Consent Response Date”), advise the Borrower Agent in writing whether or not such Bank agrees to such the requested extension; provided that each . Each Bank that determines advises the Agent that it will not to extend the Existing Termination Date (is referred to herein as a “Non-Extending extending Bank”) shall notify the Agent (who shall notify the Borrower) of such fact promptly after such determination (but in any event no later than the Consent Date) and ; provided that any Bank that does not advise the Borrower Agent of its consent to such requested extension by the Response Date and any Bank that is a Defaulting Bank on or before the Consent Response Date shall be deemed to be a Non-Extending extending Bank. The Agent shall notify the Company, in writing, of the Banks’ elections promptly following the Response Date. The election of any Bank to agree to such an extension of the Termination Date shall not obligate any other Bank to agree so agree. The Termination Date may be extended no more than four times pursuant to such extensionthis subsection 2.22.

Appears in 1 contract

Samples: 364 Day Revolving Credit Agreement (Humana Inc)

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