Facility Extension. 40 SECTION 2.18 Facility Increase.........................................................................41
Facility Extension. (a) At any time at least 60 days but not more than 90 days prior to the date which is one year prior to the then existing Scheduled Termination Date, the Borrower, by written notice to the Administrative Agent, may request an extension of the Scheduled Termination Date then in effect for an additional one-year period; provided, that the Borrower may request no more than two extensions of the Scheduled Termination Date pursuant to this Section 2.18 (Facility Extension).
(b) The Administrative Agent shall promptly (and in any event within five Business Days) notify each Lender of any extension request made by the Borrower pursuant to Section 2.18(a), and each Lender shall in turn, in its sole discretion, after receipt of such extension request not earlier than 30 days prior to the Scheduled Termination Date and not later than 20 days prior to the Scheduled Termination Date, notify the Administrative Agent in writing as to whether such Lender will consent to such extension. If any Lender shall fail to notify the Administrative Agent in writing of its consent (or refusal to consent) to any such extension of the Scheduled Termination Date by the end of such 10 day period, such Lender shall be deemed to be a Non-Extending Lender (as defined below) with respect to such request. The Administrative Agent shall promptly notify the Borrower in writing of the decision of the Lenders regarding the Borrower's request for an extension of such Scheduled Termination Date. It is understood and agreed that no Lender shall have any obligation to agree to any request made by the Borrower for an extension of the Scheduled Termination Date.
(c) If Lenders holding at least 75% of the Revolving Credit Commitments at such time (after giving effect to any assumptions of the Revolving Credit Commitments of Non-Extending Lenders (as defined below) in accordance with subsection (d) of this Section 2.18 (Facility Extension)) consent in writing to any such request in accordance with subsection (b) of this Section 2.18 (Facility Extension), the Scheduled Termination Date in effect at such time shall, upon payment by the Borrower to the Administrative Agent for the ratable benefit of the Extending Lenders of the fee set forth in Section 2.12(c)(i), effective as of the then current Scheduled Termination Date (the "Extension Date"), be extended for a period of one year as to those Extending Lenders that so consented (each an "Extending Lender") but shall not be extended as to any other Lende...
Facility Extension. Subject to the terms and conditions stipulated in this Agreement, the Bank agrees to make available the following Facility to the Company. Total utilized Facility under all sub-limits shall not at any time exceed the above mentioned combined limit. Interest rates applicable on outstanding balance of each drawdown will be [USD/VND/ other currencies Base Lending Rate (of selected tenor as mentioned in the relevant drawdown notice (the “Drawdown Notice”))] [USD [3] [6] [12]-month LIBOR] plus a margin of UP TO xxx% p.a (the “Margin”) as decided by the Bank and payable in arrears by debiting from the Company’s relevant account with the Bank in accordance with instructions in the Drawdown Notice. The specific interest rate of a Loan will be confirmed in form of a Loan Drawdown Advice/Loan Customer Advice (or similar document) (the “Loan Advice”) to be issued by the Bank to the Company immediately after the disbursement of such loan and after each interest rate review date if applicable. The interest rate of a Loan of a certain interest rate fixing period will be same with that of the immediately preceding interest rate fixing period if there is no Loan Advice issued for such interest rate fixing period. If there is any inconsistency between the Loan Advice and the Drawdown Notice regarding the applicable interest rate, the Loan Advice shall prevail. The interest shall be calculated on a daily basis as from and including the day the Bank disburses the drawdown amount and excluding the day the loan is repaid, regardless whether or not such amount is successfully transferred to the beneficiary.] For the purpose of clause 1, USD/VND/other currencies Base Lending Rate (“BLR”) means the rate per annum determined by the Bank reflecting cost of funding incurred by the Bank in respect of raising funds denominated in USD/VND/other currencies for the purpose of extending credit on the utilization date. The specific interest rate confirmed in the Loan Advice [and/or OD Statement] by the Bank is calculated on the basis of BLR for a year of three hundred and sixty (360) days. XXX calculated on the basis of a year of three hundred and sixty (360) days and a year of three hundred and sixty five (365) days will be published by the Bank on its public website or other means that the Bank thinks fit.]
Facility Extension. Subject to the terms and conditions stipulated in this Agreement, the Bank agrees to make available the following Facility to the Company. The Facility is granted to all of the Company on a joint basis and each of the Company can draw on the Facility up to its limits specified herein and shall be responsible to repay any loan utilised by itself. The Company’s all aggregate outstanding at any time will not exceed Total Facility Limit as stated in this Agreement. Except expressed particularly, the terms and conditions contained in this Agreement shall be deemed applicable to each of the Company as individual borrowers. The Bank shall be at liberty to deal separately with a Company on any matter in connection with its individual outstanding without affecting the Bank’s rights against the Company. The Company hereby authorises its Branch (as defined below) to utilise the Facility within credit limits specified by the Company in accordance with Appendix 1 of this Agreement (the "Allocated Limit"). In the event that the Branch uses the Allocated Limit, the limit utilised by the Company shall be reduced accordingly. The outstanding amount of the Company and the Branch at any time will not exceed the Total Facility Limit. Unless otherwise agreed, the terms and conditions contained in this Agreement shall be deemed applicable to the Company and the Branch (in case the Branch authorised to utilise the Facility). The Company commits to be fully responsible to its obligations and/or the Branch’s obligations set out in this Agreement.
Facility Extension. The following new Section 2.07 is hereby inserted into the Master Agreement:
Facility Extension the Borrower shall first offer to the Extending Lenders (and, to the extent such offer is not promptly accepted, to other Eligible Assignees) to assume, effective as of the Extension Date, any Non-Extending Lender's Revolving Credit Commitment and Loans, and all of the rights and obligations of such Non-Extending Lender under this Agreement thereafter arising in respect of such Revolving Credit Commitment or Loans, as applicable (each Eligible Assignee assuming the Revolving Credit Commitment and Loans, of one of more Non-Extending Lenders pursuant to this Section 2.18 (Facility Extension) being an "Extension Assuming Lender"), without recourse to or warranty by, or expense to, such Non-Extending Lender; provided, however, that the additional Revolving Credit Commitment of any such Extension Assuming Lender, when aggregated with other existing Revolving Credit Commitment of such Person, shall in no event be less than $5,000,000 unless the Revolving Credit Commitment, as applicable, of such Non-Extending Lender hereunder at such time is less than $5,000,000, in which case such Extension Assuming Lender shall assume all of such lesser amount; and provided, further, that:
Facility Extension. Annex I to the Repurchase Agreement is hereby supplemented by the addition of Schedule 3 annexed to this Amendment as Exhibit I.
Facility Extension. Section 2.08 of the Financing Agreement is hereby deleted in its entirety and the following hereby substituted therefor: “[intentionally omitted]”.
Facility Extension. Subject to the satisfaction of the conditions set forth in Section 4 hereof, the parties hereto agree and acknowledge that, effective as of the date hereof, the Stated Maturity Date is hereby extended to September 29, 2019. No further extension of the Stated Maturity Date is allowed as a matter of right to the Borrower.
Facility Extension
