Extension of the Facility. (a) The Borrower may, within 120 days, but no later than 60 days, prior to each one-year anniversary of the Closing Date, by written notice to the Administrative Agent, make written requests for the Lenders to extend the then-current Scheduled Termination Date for an additional 364 days. The Administrative Agent shall provide notice of such request promptly to each Managing Agent.
(b) Each Managing Agent shall give prompt notice to each of the Lenders in its related Lender Group of its receipt of such request for extension of the Scheduled Termination Date. Each Lender shall make a determination, in its sole discretion and after a full review as to whether or not it will agree to extend the Scheduled Termination Date; provided, however, that each Lender’s determination shall be made no later than 60 days after the date of the Borrower’s notice to the Administrative Agent of such request for extension; provided further that the failure of any Lender to make a timely response to the Borrower’s request for extension of the Scheduled Termination Date shall be deemed to constitute a refusal by such Lender to extend the Scheduled Termination Date.
(c) In the event that any of the existing Lenders agree to extend the Scheduled Termination Date, or to assign their Commitment prior to the Scheduled Termination Date to a Lender agreeing to extend the Scheduled Termination Date, the Borrower, the Collection Agent, the Administrative Agent and such extending Lenders shall enter into such documents as the Administrative Agent and such Lenders may deem necessary or appropriate to reflect such extension, and all reasonable costs and expenses incurred by such Lenders and the Administrative Agent (including reasonable attorneys’ and auditors’ fees) shall be paid by the Borrower.
Extension of the Facility. As of the Effective Date:
(i) the Revolving Commitment Termination Date is extended from July 13, 2004, to July 12, 2005, and the definition of “Revolving Commitment Termination Date” appearing in Section 1.1 of the Credit Agreement is amended in its entirety to read as follows:
Extension of the Facility. The then current Final Termination Date of this Agreement will be extended to the First Extension Termination Date or, as the case may be, the Second Extension Termination Date, in an aggregate amount equal to the sum of the aggregate Commitments of the Consenting Lenders (together with the aggregate Commitments of the Replacement Lenders, if applicable). For the avoidance of doubt, the aggregate Commitments in respect of which the Final Termination Date has been extended under this clause shall not exceed the Total Commitments.
Extension of the Facility. The date “June 30, 2009” in the definition of “Commitment Termination Date” is changed to “June 29, 2010”.
Extension of the Facility. (a) First extension (i) The Company may by giving written notice to the Agent (the "First Extension Request") by no later than 30 calendar days but not earlier than 90 calendar days before the fourth anniversary of the Signing Date, request an extension of the Termination Date of the Facility by a period of 364 days.
(ii) The Agent shall inform each Lender of the First Extension Request promptly, upon receipt of the same.
(iii) No Lender shall have any obligation to agree to the First Extension Request and each Lender may, in its absolute discretion, decide whether or not it wishes to agree to the First Extension Request. Each Lender shall give notice to the Agent (the "First Notice of Extension") no later than 10 Business Days before the fourth anniversary of the Signing Date, indicating whether or not it agrees to the First Extension Request. If a Lender does not give the First Notice of Extension within the time periods specified above, that Lender shall be deemed to have refused its consent to the First Extension Request and will be treated as a First Non-Extending Lender for the purpose of paragraph (v) below.
(iv) The Agent shall notify the Company of the decision of each Lender, identifying which Lenders have not given a First Notice of Extension and which Xxxxxxx have refused the First Extension Request. The Company shall, by no later than the fourth anniversary of the Signing Date, notify the Agent in writing whether it confirms or withdraws the First Extension Request. If the Company elects to confirm the First Extension Request (the "First Extension Confirmation Notice"), then the First Extension Request is irrevocable and the extension of the Termination Date to the date requested in the Extension Request will take effect in accordance with, and subject to, paragraphs (v) to (vii) (inclusive) below.
(v) If a Lender notifies the Agent that it does not agree to the First Extension Request or fails to provide a First Notice of Extension (each a "First Non-Extending Lender") then, whether or not any other Lender does agree to the First Extension Request, that First Non- Extending Xxxxxx's participation in each Loan, together with accrued interest and all other amounts due or outstanding in relation to its participation under the Finance Documents, shall be repaid on the initial Termination Date.
(vi) Upon receipt by the Agent of the First Extension Confirmation Notice, provided that: (A) the Agent has received the First Extension Fee payable in acc...
Extension of the Facility. (a) If, with respect to any Extension Request, there are any Consenting Lenders, then provided that:
(i) no Default is continuing or would result from the extension;
(ii) the Repeating Representations to be made by the Borrower under this Agreement and the representations to be made by the Parent under Section 7 of the Parent Guarantee are true in all material respects; then with effect from the First Anniversary (in the case of a First Extension Request) or from the Second Anniversary (in the case of a Second Extension Request) the then current Final Maturity Date of the Facility will be extended to:
(iii) in the case of a First Extension Request, the First Extension Maturity Date; or
(iv) in the case of a Second Extension Request, the Second Extension Maturity Date, for the Consenting Lenders in an aggregate amount equal to the sum of the aggregate Commitments of the Consenting Lenders (together with the aggregate Commitments of the Replacement Lenders, if applicable).
(b) For the avoidance of doubt, the aggregate Commitments in respect of which the Final Maturity Date has been extended under this Clause 6 (Extension Option) shall not exceed the amount of:
(i) the Total Commitments as at the date of this Agreement; or
(ii) if applicable, the Total Commitments as increased under Clause 2.2 (Accordion Increase).
Extension of the Facility. The date "July 11, 2001" in the definition of Termination Date is changed to "July 10, 2002."
Extension of the Facility. The Borrower may request an extension of the Facility Maturity Date for a 364-day period by delivering a written request for such an extension to the Agent between the 90th day and the 60th day prior to the then current expiry date of the Facility. If all Lenders agree to the extension request on or before the 30th day prior to the then current expiry date of the Facility, the Agent will so notify the Borrower and the Facility Maturity Date will be extended for a 364-day period beginning at the then current expiry date of the Facility. Otherwise, the Facility Maturity Date will not be extended and the Agent will so notify the Borrower.
Extension of the Facility. Year 1 extension
Extension of the Facility. The then current Final Maturity Date of the Facility will be extended to the First Extension Maturity Date or, as the case may be, the Second Extension Maturity Date in an aggregate amount equal to the sum of the aggregate Commitments of the Consenting Lenders (together with the aggregate Commitments of the Replacement Lenders, if applicable). For the avoidance of doubt, the aggregate Commitments in respect of which the Final Maturity Date has been extended under this clause shall not exceed the Total Commitments.
