Extension of the Termination Date. (a) Not earlier than 90 days prior to, nor later than 30 days prior to, each of the first two anniversaries of the date hereof, the Borrower may request by written notice made to the Administrative Agent (which shall promptly notify the Lenders thereof) a one-year extension of the Termination Date applicable to each Lender. Each Lender shall notify the Administrative Agent by the date specified by the Administrative Agent (which date shall be a Business Day and shall not be less than 15 days prior to, nor more than 30 days prior to, the Extension Effective Date) that either (A) such Lender declines to consent to extending the Termination Date or (B) such Lender consents to extending the Termination Date. Any Lender not responding within the above time period shall be deemed to have declined to extend the Termination Date. The consent of a Lender to any such extension shall be in the sole discretion of such Lender. The Administrative Agent shall, after receiving the notifications from all of the Lenders or the expiration of such period, whichever is earlier, notify the Borrower and the Lenders of the results thereof. The Borrower may request no more than two extensions pursuant to this Section.
(b) If any Lender declines, or is deemed to have declined, to consent to such request for extension (each a “Declining Lender”), the Borrower shall have the right to replace such Declining Lender with an Eligible Assignee in accordance with Section 2.20(b). Any Lender replacing a Declining Lender shall be deemed to have consented to such request for extension (regardless of when such replacement is effective) and shall not be deemed to be a Declining Lender.
(c) If the Required Lenders have consented to the extension of the Termination Date, the Termination Date of each Lender that consented to the extension shall be extended to the date that is one year after such Lender’s then-effective Termination Date, effective as of the date to be determined by the Administrative Agent and the Borrower (the “Extension Effective Date”). On or prior to the Extension Effective Date, the Borrower shall deliver to the Administrative Agent, in form and substance reasonably satisfactory to the Administrative Agent (i) the resolutions of the Borrower authorizing such extension and all Governmental Approvals (if any) required in connection with such extension, certified as being in effect as of the Extension Effective Date and the related incumbency certificate of the Borrower, (ii) a f...
Extension of the Termination Date. Unless the Termination Date shall have previously occurred in accordance with its terms, at least 45 days but not more than 60 days before the Termination Date, as then in effect, the Borrower may, by notice to the Administrative Agent (any such notice being irrevocable), request the Administrative Agent, the Fronting Bank and the Lenders to extend the Termination Date for a period of 364 days. If the Borrower shall make such request, the Administrative Agent shall promptly inform the Fronting Bank and the Lenders thereof and, no later than 30 days prior to the Termination Date as then in effect, the Administrative Agent shall notify the Borrower in writing if the Fronting Bank and the Lenders consent to such request and the conditions of such consent (including conditions relating to legal documentation and evidence of the obtaining of all necessary governmental approvals). The granting of any such consent shall be in the sole and absolute discretion of the Fronting Bank and each Lender, and, if the Fronting Bank or any Lender shall not so notify the Administrative Agent or, if the Administrative Agent shall not so notify the Borrower, such lack of notification shall be deemed to be a determination not to consent to such request. No such extension shall occur unless the Fronting Bank and all of the Lenders consent in writing thereto (or, in the case of the Lenders, if less than all the Lenders consent thereto, unless one or more other existing Lenders, or one or more other banks and financial institutions acceptable to the Borrower and the Administrative Agent, agree to assume all of the Commitments of the non-consenting Lenders).
Extension of the Termination Date. (a) The Borrower may, by notice to the Agent in substantially the form of EXHIBIT G hereto (a copy of which notice the Agent shall promptly deliver to each of the Banks) not less than sixty (60) days and not more than ninety (90) days prior to the Termination Date then in effect (the "Current Termination Date"), request that the Banks extend their respective Commitments for an additional 364 days from the Extension Consent Date (as defined below). Each Bank, acting in its sole discretion, shall, by notice to the Agent in substantially the form of EXHIBIT H hereto and given no later than the date occurring thirty (30) days prior to the Current Termination Date (such date, the "Extension Consent Date"), advise the Agent whether or not such Bank agrees to such extension; provided that each Bank that determines not to extend the Current Termination Date (a "Non-Extending Bank") shall notify the Agent of such fact promptly after such determination (but in any event no later than the Extension Consent Date) and any Bank that does not so advise the Agent on or before the Extension Consent Date shall be deemed to be a Non-Extending Bank. The election of any Bank to agree to such extension shall not obligate any other Bank to so agree. The Borrower shall have the right to request an extension of the Termination Date pursuant to this SECTION 2.9 not more than three (3) times.
(b) The Agent shall notify the Borrower which Banks, if any, have elected to extend the Current Termination Date not later than twenty-one (21) days prior to the Current Termination Date. If (and only if) Banks holding at least two-thirds (66 2/3%) of the Aggregate Commitment shall have agreed to extend the Current Termination Date in accordance with the provisions of SECTION 2.9(a), then, effective as of the Current Termination Date, the Termination Date shall be extended to the date falling 364 days after the Current Termination Date (provided, if such date is not a Business Day, then the Termination Date as so extended shall be the next preceding Business Day). If Banks holding more than two-thirds (66 2/3%) but less than all of the Aggregate Commitment shall have elected to extend the Current Termination Date, the Commitment of each such extending Bank shall remain unchanged through the new Termination Date and the Aggregate Commitment shall be reduced to the aggregate of the Commitments of such extending Banks.
(c) Notwithstanding the foregoing, the extension of the Termination Date shall ...
Extension of the Termination Date. The Engineer shall notify the Owner in writing as soon as possible if it is determined, or reasonably anticipated, that the work under this Agreement cannot be completed before the Termination Date, and the Owner may , at the Owner’s sole discretion, extend the Termination Date by written supplemental agreement as provided in Article 8 hereof. The Engineer shall allow adequate time for review and approval by the Owner of the written notice and request by the Engineer to extend the Termination Date.
Extension of the Termination Date. At least 60 but not more than 90 days before any anniversary of the Effective Date, the Company may, by delivery of a written request to the Agent in the form of Exhibit B, request that each Bank agree to extend the then-scheduled Termination Date by one (1) year.
Extension of the Termination Date. The Termination Date may be extended, in the manner set forth in this Section, for a period of 364 days after the date on which the Termination Date would otherwise have occurred. If the Borrower wishes to extend the Termination Date, it shall give written notice to that effect to the Administrative Agent not less than 90 days nor more than 150 days following the delivery to the Administrative Agent of the audited annual financial statements of Borrower in accordance with Section 5.01(a), whereupon the Administrative Agent shall notify each of the Lenders of such notice. Each Lender will respond to such request, whether affirmatively or negatively, within the period ending on the later of 30 days following the submission of the Borrower's request to the Lenders or 40 days prior to the then scheduled Termination Date (the "Response Date"). If a Lender or Lenders respond negatively or fail to timely respond to such request, but such non-extending Lender(s) have Commitment(s) aggregating less than 331/3% of the aggregate amount of the Commitments, the Borrower shall, for a period of up to 60 days following the Response Date (but in any event not later than 15 days prior to the then effective Termination Date), have the right, with the assistance of the Administrative Agent, to seek a mutually satisfactory substitute financial institution or financial institutions (which may be one or more of the Lenders) to assume the Commitment(s) of such non-extending Lender(s). No Lender which fails to consent shall be deemed to have consented to a request by the Borrower under this Section. Not later than the third Domestic Business Day prior to the end of such period (whether of 60 days or shorter), the Borrower shall, by notice to the Lenders through the Administrative Agent, either (i) terminate, effective on the third Domestic Business Day after the giving of such notice, the Commitment(s) of such non-extending Lender(s), whereupon the Lenders who have consented to the extension shall continue, with their commitments unaffected, to lend subject to the terms of this Agreement to the new Termination Date, or (ii) designate one or more new financial institutions reasonably acceptable to the Administrative Agent to assume the Commitments of such non-extending Lenders, whereupon the aggregate amount of such Commitment(s) shall be assumed by such substitute financial institution or financial institutions within such 60-day period or (iii) withdraw its request for an extensi...
Extension of the Termination Date. The Architect shall notify the County in writing as soon as possible if it is determined, or reasonably anticipated, that the work under this Agreement cannot be completed before the Termination Date, and the County may , at the County’s sole discretion, extend the Termination Date by written supplemental agreement as provided in Article 8 hereof. The Architect shall allow adequate time for review and approval by the County of the written notice and request by the Architect to extend the Termination Date.
Extension of the Termination Date. The Borrower may request extensions of the Maturity Date from time to time after the date hereof by notice to the Administrative Agent. Any such requested extension shall only be effective with the written consent of each Lender and pursuant to documentation in form and substance satisfactory to the Administrative Agent and the Borrower.
Extension of the Termination Date. (a) The Borrower shall have the option to request extensions of the Maturity Date for two (2) additional one-year periods beyond the Maturity Date, as such term may be amended pursuant to Section 2.16(b) (each, an “Extension”), subject to the requirements of Section 2.16(a)-(d) and provided that in connection with such Extension:
(i) The Borrower shall have provided notice to the Administrative Agent and the Lenders of its election to request an Extension at least thirty (30) (and not more than ninety (90)) days prior to the first, second, third, fourth, fifth or sixth, as the case may be, anniversary of the Closing Date (“Extension Notice”);
(ii) No Default or Event of Default shall have occurred and be continuing immediately before or after giving effect to such Extension;
(iii) The representations and warranties contained in Article V of this Agreement or any other Loan Document shall be true and correct immediately before and after giving effect to such Extension; and
(iv) The Administrative Agent shall have received from the Borrower such certificates, resolutions and opinions as the Administrative Agent shall have reasonably requested;
(b) Within ten (10) days of the receipt of the Extension Notice, the Administrative Agent shall solicit the consent of the Lenders for such an Extension. Each Lender shall endeavor to respond to such request, whether consenting or not to such Extension (such determination in the sole discretion of such Lender), by notice to the Borrower and the Administrative Agent within fifteen (15) days of the request. Subject to the execution by the Borrower, the Administrative Agent and such consenting Lenders of a duly completed Extension Agreement in substantially the form of Exhibit 2.16, the date of maturity applicable to the Commitment of each Lender so consenting shall be extended for one (1) additional one-year period beyond the Maturity Date, and thereafter, the -41- SC1:3922355.6
Extension of the Termination Date. (a) At least 60 but not more than 90 days before any anniversary of the Effective Date, the Company may, by delivery of a written request to the Administrative Agent in the form of Exhibit B, request that each Bank agree to extend the then-scheduled Termination Date by one (1) year.
(b) The Administrative Agent shall, upon receipt of any such extension request, promptly notify each Bank thereof, and request that each Bank promptly advise the Administrative Agent of its approval or rejection of such request.
(c) Upon receipt of such notification from the Administrative Agent, each Bank may, in its sole discretion, agree to extend for one (1) year, or decline to extend, the Termination Date, and each Bank shall, within 30 days of receipt of the notice described in clause (b), notify the Administrative Agent of its approval or denial of such request. If any Bank does not so notify the Administrative Agent, such Bank shall be deemed to have denied such extension request. The Administrative Agent shall, no later than 30 days following its receipt of any extension request from the Company, notify the Company as to the Banks which have approved or denied such request.
(d) If all of the Banks approve any such request, the Termination Date shall be extended to the date which is one (1) year after the Termination Date in effect immediately prior to such extension. If fewer than all of the Banks approve any such request, the Termination Date shall not be extended.
