Maturity Date Extension Options. (i) Not more than 120 days and not less than 60 days prior to the Initial Maturity Date, the Borrower may request in writing that the Lenders extend the term of this Agreement to the First Extended Maturity Date. Such extension option shall be subject to the satisfaction of the following requirements: (A) at the Initial Maturity Date, there shall not exist any Event of Default by the Borrower or any other Loan Party; (B) the Borrower shall, on the Initial Maturity Date, deliver to the Administrative Agent a certificate of each Loan Party dated as of the Initial Maturity Date (in sufficient copies for each Lender) signed by a Responsible Officer of such Loan Party (A) certifying and attaching the resolutions adopted by such Loan Party approving or consenting to such extension and (B) in the case of the Borrower, certifying that, before and after giving effect to such extension, (1) the representations and warranties contained in Article V and the other Loan Documents are true and correct in all material respects (or, to the extent already qualified by materiality or Material Adverse Effect, in all respects) on and as of the Initial Maturity Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct in all material respects (or, to the extent already qualified by materiality or Material Adverse Effect, in all respects) as of such earlier date, and except that for purposes of this Section 2.15, the representations and warranties contained in subsections (a) and (b) of Section 5.05 shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, of Section 6.01, and (2) no Event of Default exists; and (C) the Borrower shall, at the Initial Maturity Date, deliver to the Administrative Agent (for the pro rata benefit of the Lenders based on their respective Commitments) an extension fee equal to fifteen basis points (0.0625%) multiplied by the then-existing Aggregate Commitments (whether funded or unfunded). (ii) To the extent the term of this Agreement is extended to the First Extended Maturity Date pursuant to the terms of clause (b)(i) above, not more than 120 days and not less than 60 days prior to the First Extended Maturity Date, the Borrower may request in writing that the Lenders extend the term of this Agreement to the Second Extended Maturity Date. Such extension option shall be subject to the satisfaction of the following requirements: (A) at the First Extended Maturity Date, there shall not exist any Event of Default by the Borrower or any other Loan Party; (B) the Borrower shall, on the First Extended Maturity Date, deliver to the Administrative Agent a certificate of each Loan Party dated as of the Initial Maturity Date (in sufficient copies for each Lender) signed by a Responsible Officer of such Loan Party (A) certifying and attaching the resolutions adopted by such Loan Party approving or consenting to such extension and (B) in the case of the Borrower, certifying that, before and after giving effect to such extension, (1) the representations and warranties contained in Article V and the other Loan Documents are true and correct in all material respects (or, to the extent already qualified by 55 materiality or Material Adverse Effect, in all respects) on and as of the First Extended Maturity Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct in all material respects (or, to the extent already qualified by materiality or Material Adverse Effect, in all respects) as of such earlier date, and except that for purposes of this Section 2.15, the representations and warranties contained in subsections (a) and (b) of Section 5.05 shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, of Section 6.01, and (2) no Event of Default exists; and (C) the Borrower shall, at the First Extended Maturity Date, deliver to the Administrative Agent (for the pro rata benefit of the Lenders based on their respective Commitments) an extension fee equal to fifteen basis points (0.0625%) multiplied by the then-existing Aggregate Commitments (whether funded or unfunded).
Appears in 1 contract
Samples: Credit Agreement (Tanger Properties LTD Partnership /Nc/)
Maturity Date Extension Options. (i) Not more than 120 days and not less than 60 days prior to the Initial Maturity Date, the Borrower may request in writing that the Lenders extend the term of this Agreement to the First Extended Maturity Date. Such extension option shall be subject to the satisfaction of the following requirements:
(A) at the Initial Maturity Date, there shall not exist any Event of Default by the Borrower or any other Loan Party;
(B) the Borrower shall, on the Initial Maturity Date, deliver to the Administrative Agent a certificate of each Loan Party dated as of the Initial Maturity Date (in sufficient copies for each Lender) signed by a Responsible Officer of such Loan Party (A) certifying and attaching the resolutions adopted by such Loan Party approving or consenting to such extension and (B) in the case of the Borrower, certifying that, before and after giving effect to such extension, (1) the representations and warranties contained in Article V and the other Loan Documents are true and correct in all material respects (or, to the extent already qualified by materiality or Material Adverse Effect, in all respects) on and as of the Initial Maturity Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct in all material respects (or, to the extent already qualified by materiality or Material Adverse Effect, in all respects) as of such earlier date, and except that for purposes of this Section 2.15, the representations and warranties contained in subsections (a) and (b) of Section 5.05 shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, of Section 6.01, and (2) no Event of Default exists; and
(C) the Borrower shall, at the Initial Maturity Date, deliver to the Administrative Agent (for the pro rata benefit of the Lenders based on their respective Commitments) an extension fee equal to fifteen basis points (0.0625%) multiplied by the then-existing Aggregate Commitments (whether funded or unfunded).
(ii) To the extent the term of this Agreement is extended to the First Extended Maturity Date pursuant to the terms of clause (b)(i) above, not more than 120 days and not less than 60 days prior to the First Extended Maturity Date, the Borrower may request in writing that the Lenders extend the term of this Agreement to the Second Extended Maturity Date. Such extension option shall be subject to the satisfaction of the following requirements:
(A) at the First Extended Maturity Date, there shall not exist any Event of Default by the Borrower or any other Loan Party;
(B) the Borrower shall, on the First Extended Maturity Date, deliver to the Administrative Agent a certificate of each Loan Party dated as of the Initial Maturity Date (in sufficient copies for each Lender) signed by a Responsible Officer of such Loan Party (A) certifying and attaching the resolutions adopted by such Loan Party approving or consenting to such extension and (B) in the case of the Borrower, certifying that, before and after giving effect to such extension, (1) the representations and warranties contained in Article V and the other Loan Documents are true and correct in all material respects (or, to the extent already qualified by 55 materiality or Material Adverse Effect, in all respects) on and as of the First Extended Maturity Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct in all material respects (or, to the extent already qualified by materiality or Material Adverse Effect, in all respects) as of such earlier date, and except that for purposes of this Section 2.15, the representations and warranties contained in subsections (a) and (b) of Section 5.05 shall be deemed to refer to the most recent statements 35 furnished pursuant to subsections (a) and (b), respectively, of Section 6.01, and (2) no Event of Default exists; and
(C) the Borrower shall, at the First Extended Maturity Date, deliver to the Administrative Agent (for the pro rata benefit of the Lenders based on their respective Commitments) an extension fee equal to fifteen basis points (0.0625%) multiplied by the then-existing Aggregate Commitments (whether funded or unfunded).
Appears in 1 contract
Samples: Liquidity Credit Agreement (Tanger Properties LTD Partnership /Nc/)
Maturity Date Extension Options. (i) Not more than 120 days and not less than 60 days prior to the Initial Maturity Date, the Borrower may request in writing that the Lenders extend the term of this Agreement by six (6) calendar months to the First Extended Maturity Date. Such extension option shall be subject to the satisfaction of the following requirements:
: (A) at the Initial Maturity Date, there shall not exist any Event of Default by the Borrower or any other Loan Party;
; (B) the Borrower shall, on the Initial Maturity Date, deliver to the Administrative Agent a certificate of each Loan Party dated as of the Initial Maturity Date (in sufficient copies for each Lender) signed by a Responsible Officer of such Loan Party (A) certifying and attaching the resolutions adopted by such Loan Party approving or consenting to such extension and (B) in the case of the Borrower, certifying that, before and after giving effect to such extension, (1) the representations and warranties contained in Article V and the other Loan Documents are true and correct in all material respects (or, to the extent already qualified by materiality or Material Adverse Effect, in all respects) on and as of the Initial Maturity Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct in all material respects (or, to the extent already qualified by materiality or Material Adverse Effect, in all respects) as of such earlier date, and except that for purposes of this Section 2.15, the representations and warranties contained in subsections (a) and (b) of Section 5.05 shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, of Section 6.01, and (2) no Event of Default exists; and
and (C) the Borrower shall, at the Initial Maturity Date, deliver to the Administrative Agent (for the pro rata benefit of the Lenders based on their respective Commitments) an extension fee equal to fifteen basis points (0.0625%) % multiplied by the then-existing Aggregate Commitments (whether funded or unfunded).
(ii) To the extent the term of this Agreement is extended to the First Extended Maturity Date pursuant to the terms of clause (b)(i) above, not more than 120 days and not less than 60 days prior to the First Extended Maturity Date, the Borrower may request in writing that the Lenders extend the term of this Agreement by six (6) additional calendar months to the Second Extended Maturity Date. Such extension option shall be subject to the satisfaction of the following requirements:
: (A) at the First Extended Maturity Date, there shall not exist any Event of Default by the Borrower or any other Loan Party;
; (B) the Borrower shall, on the First Extended Maturity Date, deliver to the Administrative Agent a certificate of each Loan Party dated as of the Initial Maturity Date (in sufficient copies for each Lender) signed by a Responsible Officer of such Loan Party (A) certifying and attaching the resolutions adopted by such Loan Party approving or consenting to such extension and (B) in the case of the Borrower, certifying that, before and after giving effect to such extension, ,
52 (1) the representations and warranties contained in Article V and the other Loan Documents are true and correct in all material respects (or, to the extent already qualified by 55 materiality or Material Adverse Effect, in all respects) on and as of the First Extended Maturity Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct in all material respects (or, to the extent already qualified by materiality or Material Adverse Effect, in all respects) as of such earlier date, and except that for purposes of this Section 2.15, the representations and warranties contained in subsections (a) and (b) of Section 5.05 shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, of Section 6.01, and (2) no Event of Default exists; and
and (C) the Borrower shall, at the First Extended Maturity Date, deliver to the Administrative Agent (for the pro rata benefit of the Lenders based on their respective Commitments) an extension fee equal to fifteen basis points (0.0625%) % multiplied by the then-existing Aggregate Commitments (whether funded or unfunded).
Appears in 1 contract
Samples: Credit Agreement (Tanger Properties LTD Partnership /Nc/)
Maturity Date Extension Options. (i) Not more than 120 days and not less than 60 days prior to the Initial Maturity Date, the Borrower may request in writing that the Lenders extend the term of this Agreement for a period of six (6) calendar months to the First Extended Maturity Date. Such extension option shall be subject to the satisfaction of the following requirements:
: (A) at the Initial Maturity Date, there shall not exist any Event of Default by the Borrower or any other Loan Party;
; (B) the Borrower shall, on the Initial Maturity Date, deliver to the Administrative Agent a certificate of each Loan Party dated as of the Initial Maturity Date (in sufficient copies for each Lender) signed by a Responsible Officer of such Loan Party (A) certifying and attaching the resolutions adopted by such Loan Party approving or consenting to such extension and (B) in the case of the Borrower, certifying that, before and after giving effect to such extension, (1) the representations and warranties contained in Article V and the other Loan Documents are true and correct in all material respects (or, to the extent already qualified by materiality or Material Adverse Effect, in all respects) on and as of the Initial Maturity Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct in all material respects (or, to the extent already qualified by materiality or Material Adverse Effect, in all respects) as of such earlier date, and except that for purposes of this Section 2.15, the representations and warranties contained in subsections (a) and (b) of Section 5.05 shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, of Section 6.01, and (2) no Event of Default exists; and
and (C) the Borrower shall, at the Initial Maturity Date, deliver to the Administrative Agent (for the pro rata benefit of the Lenders based on their respective Commitments) an extension fee equal to fifteen basis points (0.0625%) % multiplied by the then-existing Aggregate Commitments (whether funded or unfunded).
(ii) To the extent the term of this Agreement is extended to the First Extended Maturity Date pursuant to the terms of clause (b)(i) above, not more than 120 days and not less than 60 days prior to the First Extended Maturity Date, the Borrower may request in writing that the Lenders extend the term of this Agreement for an additional period of six (6) calendar months to the Second Extended Maturity Date. Such extension option shall be subject to the satisfaction of the following requirements:
: (A) at the First Extended Maturity Date, there shall not exist any Event of Default by the Borrower or any other Loan Party;
; (B) the Borrower shall, on the First Extended Maturity Date, deliver to the Administrative Agent a certificate of each Loan Party dated as of the Initial Maturity Date (in sufficient copies for each Lender) signed by a Responsible Officer of such Loan Party (A) certifying and attaching the resolutions adopted by such Loan Party approving or consenting to such extension and (B) in the case of the Borrower, certifying that, before and after giving effect to such extension, (1) the representations and warranties contained in Article V and the other Loan Documents are true and correct in all material respects (or, to the extent already qualified by 55 materiality or Material Adverse Effect, in all respects) on and as of the First Extended Maturity Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct in all material respects (or, to the extent already qualified by materiality or Material Adverse Effect, in all respects) as of such earlier date, and except that for purposes of this Section 2.15, the representations and warranties contained in subsections (a) and (b) of Section 5.05 shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, of Section 6.01, and (2) no Event of Default exists; and
(C) the Borrower shall, at the First Extended Maturity Date, deliver to the Administrative Agent (for the pro rata benefit of the Lenders based on their respective Commitments) an extension fee equal to fifteen basis points (0.0625%) multiplied by the then-existing Aggregate Commitments (whether funded or unfunded).Material
Appears in 1 contract
Samples: Liquidity Credit Agreement (Tanger Properties LTD Partnership /Nc/)