Common use of Maturity Date Extension Clause in Contracts

Maturity Date Extension. (a) Final Maturity Date Extension. ----------------------------- (i) Pursuant to Section 6.1 of the Lease, so long as no Lease Default or Lease Event of Default shall have occurred and be continuing at the time Lessee delivers the Extension Request and at the commencement of the applicable Extension Term, and such request is timely made pursuant to Section 6.1 of the Lease, Lessee may request that Lessor, Agent and Participants extend the Lease and the related financing by Participants for an Extension Term (such request by Lessee is herein called the "Extension Request"). Lessor, Agent and Participants shall have up to thirty (30) days prior to the then-existing Final Maturity Date to inform Agent whether such Person, in its sole and absolute discretion, agrees to such Extension Request. Failure of any such party to indicate its acceptance or rejection by such time shall be deemed to constitute such party's rejection thereof. If any of Lessor, Agent or any Participant rejects such Extension Request, the date of the Final Maturity Date shall not be extended or changed. Subject to the terms and conditions hereof and the Lease, Lessee may make up to ten (10) of such Extension Requests. (ii) If at any time after Lessee shall have made an Extension Request and prior to the commencement of the Extension Term, a Lease Default or Lease Event of Default shall have occurred, then Lessee's rights under this Section shall automatically terminate and Lessee shall not be entitled to the Extension Term.

Appears in 1 contract

Samples: Participation Agreement (Smart & Final Inc/De)

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Maturity Date Extension. (a) Final Maturity Date Extension. ----------------------------- (i) Pursuant The Borrower may at any time and from time to Section 6.1 time, by notice to the Administrative Agent, propose an extension of the LeaseMaturity Date, so long which proposal may include a proposal to change the Applicable Margin (including any provisions in the definition thereof) as no Lease Default or Lease Event of Default shall have occurred and may be continuing at the time Lessee delivers the Extension Request and at the commencement of the applicable Extension Term, and specified in such request is timely made pursuant to Section 6.1 of the Lease, Lessee may request that Lessor, Agent and Participants extend the Lease and the related financing by Participants for an Extension Term (such request by Lessee is herein called the "Extension Request")proposal. Lessor, Agent and Participants shall have up to thirty (30) days prior to the then-existing Final Maturity Date to inform Agent whether such Person, in its sole and absolute discretion, agrees to such Extension Request. Failure Upon receipt of any such party proposal the Administrative Agent shall promptly notify each applicable Lender thereof. Each applicable Lender shall respond to indicate its acceptance or rejection by such time proposal in writing within 30 calendar days after the date of such proposal and any failure of a Lender to respond within such period shall be deemed to constitute be a rejection of such party's rejection thereofproposal. If any of LessorLender consents to such proposal (each such consenting Lender, Agent or any Participant rejects such Extension Requestan “Extending Lender”), the date of the Final Maturity Date applicable to each Extending Lender shall not be extended or changed. Subject to the terms and conditions hereof date specified in the Borrower’s extension proposal and the LeaseApplicable Margin with respect to each such Extending Lender shall be adjusted in the manner specified in such proposal, Lessee may make up to ten (10) of such Extension Requestsif any, and each Non-Extending Lender will be treated as provided in Section 2.23(b). (iib) If at any time after Lessee Lender does not consent to any extension request that becomes effective pursuant to Section 2.23 (a) (each such Lender, a “Non-Extending Lender”), then the applicable Maturity Date for such Non-Extending Lender shall have made an Extension Request and remain unchanged from that applicable prior to the commencement extension and the Commitments of each Non-Extending Lender and the Extension Termexisting Applicable Margin shall continue in full force and effect. (c) Notwithstanding the provisions of Section 9.02(b), a Lease Default or Lease Event of Default the Borrower and the Administrative Agent (and the Extending Lenders) shall have occurred, then Lessee's rights under this Section shall automatically terminate and Lessee shall not be entitled to enter into any amendments to this Agreement that the Extension TermAdministrative Agent believes are necessary or appropriate to reflect, or to provide for the integration of, any extension of the Maturity Date or change in Applicable Margins pursuant to this Section 2.23 without the consent of any Non-Extending Lender.

Appears in 1 contract

Samples: Second Amendment and Joinder Agreement (Seagate Technology PLC)

Maturity Date Extension. (a) Final Maturity Date Extension. ----------------------------- (i) Pursuant The Borrower may at any time and from time to Section 6.1 time, by notice to the Administrative Agent, propose an extension of the LeaseMaturity Date, so long which proposal may include a proposal to change the Applicable Margin (including any provisions in the definition thereof) as no Lease Default or Lease Event of Default shall have occurred and may be continuing at the time Lessee delivers the Extension Request and at the commencement of the applicable Extension Term, and specified in such request is timely made pursuant to Section 6.1 of the Lease, Lessee may request that Lessor, Agent and Participants extend the Lease and the related financing by Participants for an Extension Term (such request by Lessee is herein called the "Extension Request")proposal. Lessor, Agent and Participants shall have up to thirty (30) days prior to the then-existing Final Maturity Date to inform Agent whether such Person, in its sole and absolute discretion, agrees to such Extension Request. Failure Upon receipt of any such party proposal the Administrative Agent shall promptly notify each applicable Lender thereof. Each applicable Lender shall respond to indicate its acceptance or rejection by such time proposal in writing within 30 calendar days after the date of such proposal and any failure of a Lender to respond within such period shall be deemed to constitute be a rejection of such party's rejection thereofproposal. If any of LessorLender consents to such proposal (each such consenting Lender, Agent or any Participant rejects such Extension Requestan “Extending Lender”), the date of the Final Maturity Date applicable to each Extending Lender shall not be extended or changed. Subject to the terms and conditions hereof date specified in the Borrower’s extension proposal and the LeaseApplicable Margin with respect to each such Extending Lender shall be adjusted in the manner specified in such proposal, Lessee may make up to ten (10) of such Extension Requestsif any, and each Non-Extending Lender will be treated as provided in Section 2.23(b). (iib) If at any time after Lessee Lender does not consent to any extension request that becomes effective pursuant to Section 2.23(a) (each such Lender, a “Non-Extending Lender”), then the applicable Maturity Date for such Non-Extending Lender shall have made an Extension Request and remain unchanged from that applicable prior to the commencement extension and the Commitments of each Non-Extending Lender and the Extension Termexisting Applicable Margin shall continue in full force and effect. (c) Notwithstanding the provisions of Section 9.02(b), a Lease Default or Lease Event of Default the Borrower and the Administrative Agent (and the Extending Lenders) shall have occurred, then Lessee's rights under this Section shall automatically terminate and Lessee shall not be entitled to enter into any amendments to this Agreement that the Extension TermAdministrative Agent believes are necessary or appropriate to reflect, or to provide for the integration of, any extension of the Maturity Date or change in Applicable Margins pursuant to this Section 2.23 without the consent of any Non-Extending Lender.

Appears in 1 contract

Samples: Fifth Amendment and Joinder Agreement (Seagate Technology Holdings PLC)

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Maturity Date Extension. (a) Final Maturity Date Extension. ----------------------------- (i) Pursuant The Borrower may at any time and from time to Section 6.1 time, by notice to the Administrative Agent, propose an extension of the LeaseMaturity Date, so long which proposal may include a proposal to change the Applicable Margin (including any provisions in the definition thereof) as no Lease Default or Lease Event of Default shall have occurred and may be continuing at the time Lessee delivers the Extension Request and at the commencement of the applicable Extension Term, and specified in such request is timely made pursuant to Section 6.1 of the Lease, Lessee may request that Lessor, Agent and Participants extend the Lease and the related financing by Participants for an Extension Term (such request by Lessee is herein called the "Extension Request")proposal. Lessor, Agent and Participants shall have up to thirty (30) days prior to the then-existing Final Maturity Date to inform Agent whether such Person, in its sole and absolute discretion, agrees to such Extension Request. Failure Upon receipt of any such party proposal the Administrative Agent shall promptly notify each applicable Lender thereof. Each applicable Lender shall respond to indicate its acceptance or rejection by such time proposal in writing within 30 calendar days after the date of such proposal and any failure of a Lender to respond within such period shall be deemed to constitute be a rejection of such party's rejection thereofproposal. If any of LessorLender consents to such proposal (each such consenting Lender, Agent or any Participant rejects such Extension Requestan “Extending Lender”), the date of the Final Maturity Date applicable to each Extending Lender shall not be extended or changed. Subject to the terms and conditions hereof date specified in the Borrower’s extension proposal and the LeaseApplicable Margin with respect to each such Extending Lender shall be adjusted in the manner specified in such proposal, Lessee may make up to ten (10) of such Extension Requestsif any, and each Non-Extending Lender will be treated as provided in Section 2.23(b). (iib) If at any time after Lessee Lender does not consent to any extension request that becomes effective pursuant to Section 2.23 (a) (each such Lender, a “Non-Extending Lender”), then the applicable Maturity Date for such Non-Extending Lender shall have made an Extension Request and remain unchanged from that applicable prior to the commencement extension and the Commitments of each Non- 4144-2392-2490 Extending Lender and the Extension Termexisting Applicable Margin shall continue in full force and effect. (c) Notwithstanding the provisions of Section 9.02(b), a Lease Default or Lease Event of Default the Borrower and the Administrative Agent (and the Extending Lenders) shall have occurred, then Lessee's rights under this Section shall automatically terminate and Lessee shall not be entitled to enter into any amendments to this Agreement that the Extension TermAdministrative Agent believes are necessary or appropriate to reflect, or to provide for the integration of, any extension of the Maturity Date or change in Applicable Margins pursuant to this Section 2.23 without the consent of any Non-Extending Lender.

Appears in 1 contract

Samples: Credit Agreement (Seagate Technology Holdings PLC)

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