Common use of Maturity Date Extensions Clause in Contracts

Maturity Date Extensions. Prior to (but not less than 60 days nor more than 90 days prior to) the applicable Extension Date, the Borrower may make a written request to the Administrative Agent, who shall forward a copy of each such request to each of the Continuing Lenders, that the Final Maturity Date then in effect be extended to the date occurring twelve (12) months after such existing Final Maturity Date. Such request shall be accompanied by a certificate of a Financial Officer of the Borrower stating that no Default has occurred and is continuing. If, by the date (each, an “Extension Response Date”) which is 30 days prior to the applicable Extension Date, Continuing Lenders which are not Defaulting Lenders holding at least a majority of the Commitments held by Continuing Lenders which are not Defaulting Lenders agree thereto in writing, the Final Maturity Date, and the Maturity Date of each Continuing Lender then consenting, shall be automatically extended to the date occurring twelve (12) months after the then existing Final Maturity Date. In the event that the Borrower has not obtained the requisite percentage of Continuing Lenders to permit an extension by the relevant Extension Response Date, the Borrower may extend the deadline for obtaining such percentage to the 30th day following such Extension Response Date in order to take such actions with respect to any Lender that is a Non-Continuing Lender after giving effect to such Extension Response Date in order to obtain the requisite percentage of Lenders constituting Continuing Lenders to permit such extension (including actions contemplated by Section 2.18). The Administrative Agent shall notify the Borrower and each Lender of the effectiveness of any such extension. No Lender shall be obligated to grant any extensions pursuant to this Section 2.21, and any such extension shall be in the sole discretion of each of them. A Lender’s Maturity Date shall not be so extended pursuant to this Section 2.21 for (x) any Lender that is a Non-Continuing Lender at the time such request for extension is made and (y) any Continuing Lender at the time of such request that has not consented in writing, within the time specified above, to any such request for the extension thereof. It is understood and agreed that the Borrower shall have a total of two (2) opportunities to request an extension pursuant to this Section 2.21 and that each of such extension (if validly effected pursuant to this Section 2.21) shall extend the Final Maturity Date then in effect by twelve (12) months.

Appears in 2 contracts

Samples: Credit Agreement (Reynolds American Inc), Credit Agreement (Reynolds American Inc)

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Maturity Date Extensions. Prior to (but not less than 60 days nor more than 90 days prior to) the applicable Extension Date and prior to (but not less than 60 days nor more than 90 days prior to) each anniversary of the Extension Date, the Borrower may make a written request to the Administrative Agent, who shall forward a copy of each such request to each of the Continuing Lenders, that the Final Facility Maturity Date then in effect be extended to the date occurring twelve (12) months which is one year after such existing Final Facility Maturity Date. Such request shall be accompanied by a certificate of a Financial an Authorized Officer of the Borrower stating that no Default or Event of Default has occurred and is continuing. If, by the date (each, an “Extension a "Response Date") which is 30 days prior to the applicable Extension DateDate or the relevant anniversary thereof, as the case may be, Continuing Lenders which are not Defaulting Lenders holding at least a majority of the Commitments held by Continuing Lenders which are not Defaulting Lenders agree thereto in writing, the Final Facility Maturity Date, and the Final Maturity Date of each Continuing Lender then consenting, shall be automatically extended to the date occurring twelve (12) months after first anniversary of the then existing Final Facility Maturity Date. In the event that the Borrower has not obtained the requisite percentage of Continuing Lenders to permit an extension by the relevant Extension Response Date, the Borrower may extend the deadline for obtaining such percentage to the 30th day following such Extension Response Date in order to take such actions actions, including those contemplated by Section 1.15, with respect to any Lender that is a Non-Continuing Lender after giving effect to such Extension Response Date in order to obtain the requisite percentage of Lenders constituting Continuing Lenders to permit such extension (including actions contemplated by Section 2.18)extension. The Administrative Agent shall notify the Borrower and each Lender of the effectiveness of any such extension. No Lender shall be obligated to grant any extensions pursuant to this Section 2.21, 1.14 and any such extension shall be in the sole discretion of each of them. A Lender’s 's Final Maturity Date shall not be so extended pursuant to this Section 2.21 1.14 for (x) any Lender that is a Non-Continuing Lender at the time such request for extension is made and (y) any Continuing Lender at the time of such request that has not consented in writing, within the time specified above, to any such request for the extension thereof. It is understood and agreed that the Borrower shall have a total of two (2) opportunities to request an extension pursuant to this Section 2.21 and that each of such extension (if validly effected pursuant to this Section 2.21) shall extend the Final Maturity Date then in effect by twelve (12) months.

Appears in 2 contracts

Samples: Credit Agreement (Rj Reynolds Tobacco Holdings Inc), Credit Agreement (Rj Reynolds Tobacco Holdings Inc)

Maturity Date Extensions. Prior to (but not less than 60 days nor more than 90 days prior to) each anniversary of the applicable Extension Effective Date, the Borrower may make a written request to the Administrative AgentPayments Administrator, who shall forward a copy of each such request to each of the Continuing LendersBanks, that the Final Maturity Date then in effect be extended to the date occurring twelve (12) months which is one year after such existing the then Final Maturity Date. Such request shall be accompanied by a certificate of a Financial an Authorized Officer of the Borrower stating that that, as of the date of such request and as of the date of any such extension of the then Final Maturity Date, no Default or Event of Default has occurred and is continuing. If, by the date (each, an “Extension a "Response Date") which is occurring 30 days prior to any such anniversary of the applicable Extension Effective Date, Continuing Lenders which are not Defaulting Lenders Banks holding at least a majority 66-2/3% of the Commitments held by Continuing Lenders which are not Defaulting Lenders Banks agree thereto in writing, the Final Maturity Date, and the Maturity Date of each Continuing Lender Bank then consenting, shall be automatically extended to the date occurring twelve (12) months which is one year after the then existing Final Maturity Date. In the event that the Borrower has not obtained the requisite percentage of Continuing Lenders Banks to permit an extension by the relevant Extension Response Date, the Borrower may extend the deadline for obtaining such percentage to the 30th day following such Extension Response Date in order to take such actions actions, including those contemplated by Section 1.14, with respect to any Lender Bank that is a Non-Continuing Lender Bank after giving effect to such Extension Response Date in order to obtain the requisite percentage of Lenders Banks constituting Continuing Lenders Banks to permit such extension (including actions contemplated by Section 2.18)extension. The Administrative Agent Payments Administrator shall notify the Borrower and each Lender Bank of the effectiveness of any such extension. No Lender Bank shall be obligated to grant any extensions pursuant to this Section 2.21, 1.17 and any such extension shall be in the sole discretion of each of themsuch Bank. A Lender’s Bank's Maturity Date shall not be so extended pursuant to this Section 2.21 1.17 for (x) any Lender Bank that is a Non-Continuing Lender Bank at the time such request for extension is made and (y) any Continuing Lender Bank at the time of such request that has not consented in writing, within the time specified above, to any such request for the extension thereof. It is understood and agreed that the Borrower shall have a total of two (2) opportunities to request an extension pursuant to this Section 2.21 and that each of such extension (if validly effected pursuant to this Section 2.21) shall extend the Final Maturity Date then in effect by twelve (12) months.

Appears in 2 contracts

Samples: Nabisco Credit Agreement (Nabisco Inc), Nabisco Credit Agreement (RJR Nabisco Inc)

Maturity Date Extensions. Prior to (but not less than 60 days nor more than 90 days prior to) the applicable Extension Date, the Borrower may make a written request to the Administrative Agent, who shall forward a copy of each such request to each of the Continuing Lenders, that the Final Maturity Date then in effect be extended to the date occurring twelve (12) months after such existing Final Maturity Date. Such request shall be accompanied by a certificate of a Financial Officer of the Borrower stating that no Default has occurred and is continuing. If, by the date (each, an “Extension Response Date”) which is 30 days prior to the applicable Extension Date, Continuing Lenders which are not Defaulting Lenders holding at least a majority of the Commitments held by Continuing Lenders which are not Defaulting Lenders agree thereto in writing, the Final Maturity Date, and the Maturity Date of each Continuing Lender then consenting, shall be automatically extended to the date occurring twelve (12) months after the then existing Final Maturity Date. In the event that the Borrower has not obtained the requisite percentage of Continuing Lenders to permit an extension by the relevant Extension Response Date, the Borrower may extend the deadline for obtaining such percentage to the 30th day following such Extension Response Date in order to take such actions with respect to any Lender that is a Non-Continuing Lender after giving effect to such Extension Response Date in order to obtain the requisite percentage of Lenders constituting Continuing Lenders to permit such extension (including actions contemplated by Section 2.182.17(b). The Administrative Agent shall notify the Borrower and each Lender of the effectiveness of any such extension. No Lender shall be obligated to grant any extensions pursuant to this Section 2.212.20, and any such extension shall be in the sole discretion of each of them. A Lender’s Maturity Date shall not be so extended pursuant to this Section 2.21 2.20 for (x) any Lender that is a Non-Continuing Lender at the time such request for extension is made and (y) any Continuing Lender at the time of such request that has not consented in writing, within the time specified above, to any such request for the extension thereof. It is understood and agreed that the Borrower shall have a total of two (2) opportunities to request an extension pursuant to this Section 2.21 2.20 and that each of such extension (if validly effected pursuant to this Section 2.212.20) shall extend the Final Maturity Date then in effect by twelve (12) months.

Appears in 1 contract

Samples: Credit Agreement (Reynolds American Inc)

Maturity Date Extensions. Prior to (but not less than 60 days nor more than 90 days prior to) the applicable Extension first anniversary of the Measurement Date and prior to (but not less than 60 days nor more than 90 days prior to) each subsequent anniversary of the Measurement Date, the Borrower may make a written request to the Administrative Agent, who shall forward a copy of each such request to each of the Continuing Lenders, that the Final Facility Maturity Date then in effect be extended to the date occurring twelve (12) months which is one year after such existing Final Facility Maturity Date. Such request shall be accompanied by a certificate of a Financial an Authorized Officer of the Borrower stating that no Default or Event of Default has occurred and is continuing. If, by the date (each, an “Extension a "Response Date") which is 30 days prior to the applicable Extension Dateany such anniversary, Continuing Lenders which are not Defaulting Lenders holding at least a majority of the Commitments held by Continuing Lenders which are not Defaulting Lenders agree thereto in writing, the Final Facility Maturity Date, and the Maturity Date of each Continuing Lender then consenting, shall be automatically extended to the date occurring twelve (12) months after such first anniversary of the then existing Final Facility Maturity Date. In the event that the Borrower has not obtained the requisite percentage of Continuing Lenders to permit an extension by the relevant Extension Response Date, the Borrower may extend the deadline for obtaining such percentage to the 30th day following such Extension Response Date in order to take such actions actions, including those contemplated by Section 1.15, with respect to any Lender that is a Non-Continuing Lender after giving effect to such Extension Response Date in order to obtain the requisite percentage of Lenders constituting Continuing Lenders to permit such extension (including actions contemplated by Section 2.18)extension. The Administrative Agent shall notify the Borrower and each Lender of the effectiveness of any such extension. No Lender shall be obligated to grant any extensions pursuant to this Section 2.21, 1.14 and any such extension shall be in the sole discretion of each of them. A Lender’s 's Maturity Date shall not be so extended pursuant to this Section 2.21 1.14 for (x) any Lender that is a Non-Continuing Lender at the time such request for extension is made and (y) any Continuing Lender at the time of such request that has not consented in writing, within the time specified above, to any such request for the extension thereof. It is understood and agreed that the Borrower shall have a total of two (2) opportunities to request an extension pursuant to this Section 2.21 and that each of such extension (if validly effected pursuant to this Section 2.21) shall extend the Final Maturity Date then in effect by twelve (12) months.

Appears in 1 contract

Samples: Credit Agreement (Rj Reynolds Tobacco Holdings Inc)

Maturity Date Extensions. Prior On or before the last Business Day which is six (6) months prior to (but not less than 60 days nor more than 90 days prior to) the applicable Extension Dateeach anniversary date of this Agreement, the Borrower may make request the Lenders to extend the Maturity Date for an additional one-year period; provided, however, that Borrower may request such an extension only twice. Borrower shall request each such extension by appropriately completing, executing and delivering to Agent a written request in the form of Exhibit D (an " Extension Request"). Borrower understands that this Subparagraph 2.01(h) is included in this Agreement for Borrower's convenience in requesting extensions and acknowledges that neither Agent nor any other Lender Party has promised (either expressly or implicitly), or has any obligation or commitment, to extend the Maturity Date at any time. Agent shall promptly deliver to each Lender three (3) copies of each Extension Request received by Agent. If a Lender, in its sole and absolute discretion, consents to any Extension Request, such Lender shall evidence such consent by executing and returning two (2) copies of the Extension Request to Agent not later than the last Business Day which is five (5) months prior to the Administrative Agent, who shall forward a copy of each such request to each of the Continuing Lenders, that the Final Maturity Date then in effect be extended to the date occurring twelve (12) months after such existing Final Maturity Date. Such request Any failure by any Lender so to execute and return an Extension Request shall be accompanied by deemed a certificate denial thereof. If Borrower delivers an Extension Request to Agent pursuant to the first sentence of a Financial Officer of this Subparagraph 2.01(h), then not later than the Borrower stating that no Default has occurred and is continuing. If, by the date (each, an “Extension Response Date”) last Business Day which is 30 four (4) months days prior to the applicable Extension Date, Continuing Lenders which are not Defaulting Lenders holding at least a majority of the Commitments held by Continuing Lenders which are not Defaulting Lenders agree thereto in writing, the Final Maturity Date, and the Maturity Date of each Continuing Lender then consenting, shall be automatically extended to the date occurring twelve (12) months after the then existing Final Maturity Date. In the event that the Borrower has not obtained the requisite percentage of Continuing Lenders to permit an extension by the relevant Extension Response Date, the Borrower may extend the deadline for obtaining such percentage to the 30th day following such Extension Response Date in order to take such actions with respect to any Lender that is a Non-Continuing Lender after giving effect to such Extension Response Date in order to obtain the requisite percentage of Lenders constituting Continuing Lenders to permit such extension (including actions contemplated by Section 2.18). The Administrative Agent shall notify the Borrower and each Lender in writing whether (i) Agent has received a copy of the effectiveness Extension Request executed by each Lender, in which case the definition of any such extension. No Lender "Maturity Date" set forth in Schedule 3.01 shall be obligated deemed amended as provided in the Extension Request as of the date of such written notice from Agent to grant any extensions pursuant to this Section 2.21Borrower, and any or (ii) Agent has not received a copy of the Extension Request executed by each Lender, in which case such extension Extension Request shall be in deemed denied. Agent shall deliver to Borrower, with each written notice under clause (i) of the sole discretion preceding sentence which notifies Borrower that Agent has received a Extension Request executed by each Lender, a copy of the Extension Request so executed by each of them. A Lender’s Maturity Date shall not be so extended pursuant to this Section 2.21 for (x) any Lender that is a Non-Continuing Lender at the time such request for extension is made and (y) any Continuing Lender at the time of such request that has not consented in writing, within the time specified above, to any such request for the extension thereof. It is understood and agreed that the Borrower shall have a total of two (2) opportunities to request an extension pursuant to this Section 2.21 and that each of such extension (if validly effected pursuant to this Section 2.21) shall extend the Final Maturity Date then in effect by twelve (12) months.

Appears in 1 contract

Samples: Credit Agreement (Silicon Valley Group Inc)

Maturity Date Extensions. Prior to (but not less than 60 days nor more than 90 days prior to) On or before the applicable Extension Datelast Business Day of each December beginning on December 31, the 2001, Borrower may make request the Lenders to extend the Maturity Date for an additional one-year period. Borrower shall request each such extension by appropriately completing, executing and delivering to Agent a written request to in the Administrative Agent, who shall forward form of EXHIBIT D (a copy of each such request to each of the Continuing Lenders, " MATURITY DATE EXTENSION REQUEST"). Borrower understands that the Final Maturity Date then this SUBPARAGRAPH 2.01(h) is included in effect be extended to the date occurring twelve this Agreement for Borrower's convenience in requesting extensions and acknowledges that neither Agent nor any Lender has promised (12) months after such existing Final Maturity Date. Such request shall be accompanied either expressly or by a certificate of a Financial Officer of the Borrower stating that no Default has occurred and is continuing. If, by the date (each, an “Extension Response Date”) which is 30 days prior to the applicable Extension Date, Continuing Lenders which are not Defaulting Lenders holding at least a majority of the Commitments held by Continuing Lenders which are not Defaulting Lenders agree thereto in writing, the Final Maturity Dateimplication), and neither Agent nor any Lender has any obligation or commitment, to extend the Maturity Date at any time. Agent shall promptly deliver to each Lender three (3) copies of each Continuing Lender then consentingMaturity Date Extension Request received by Agent. If a Lender, shall be automatically extended to the date occurring twelve (12) months after the then existing Final Maturity Date. In the event that the Borrower has not obtained the requisite percentage of Continuing Lenders to permit an extension by the relevant Extension Response Datein its sole and absolute discretion, the Borrower may extend the deadline for obtaining such percentage to the 30th day following such Extension Response Date in order to take such actions with respect consents to any Lender that is a Non-Continuing Lender after giving effect to Maturity Date Extension Request, such Extension Response Date in order to obtain the requisite percentage of Lenders constituting Continuing Lenders to permit such extension (including actions contemplated by Section 2.18). The Administrative Agent shall notify the Borrower and each Lender of the effectiveness of any such extension. No Lender shall be obligated to grant any extensions pursuant to this Section 2.21, evidence such consent by executing and any such extension shall be in the sole discretion of each of them. A Lender’s Maturity Date shall not be so extended pursuant to this Section 2.21 for (x) any Lender that is a Non-Continuing Lender at the time such request for extension is made and (y) any Continuing Lender at the time of such request that has not consented in writing, within the time specified above, to any such request for the extension thereof. It is understood and agreed that the Borrower shall have a total of returning two (2) opportunities copies of the Maturity Date Extension Request to request an extension Agent not later than the last Business Day which is thirty (30) days after the date Borrower delivered to Agent the Maturity Date Extension Request. Any failure by any Lender to execute and return a Maturity Date Extension Request shall be deemed a denial thereof. If Borrower shall deliver a Maturity Date Extension Request to Agent pursuant to the first sentence of this Section 2.21 and that SUBPARAGRAPH 2.01(h), then not later than the last Business Day which is thirty-five (35) days after the date Borrower delivered to Agent the Maturity Date Extension Request, Agent shall notify Borrower in writing whether (i) Agent has received a copy of the Maturity Date Extension Request executed by each Lender, in which case the definition of " Maturity Date" set forth in PARAGRAPH 1.01 shall be deemed amended as provided in the Maturity Date Extension Request as of the date of such extension written notice from Agent to Borrower, or (if validly effected pursuant to this Section 2.21ii) shall extend Agent has not received a copy of the Final Maturity Date then Extension Request executed by each Lender, in effect which case such Maturity Date Extension Request shall be deemed denied. Agent shall deliver to Borrower, with each written notice under CLAUSE (i) of the preceding sentence which notifies Borrower that Agent has received a Maturity Date Extension Request executed by twelve (12) monthseach Lender, a copy of the Maturity Date Extension Request so executed by each Lender.

Appears in 1 contract

Samples: Credit Agreement (Adac Laboratories)

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Maturity Date Extensions. Prior to (but not less than 60 days nor more than 90 days prior to) the applicable Extension Date, the Borrower may make a written request to the Administrative Agent, who shall forward a copy of each such request to each of the Continuing Lenders, that the Final Facility Maturity Date then in effect be extended to the date occurring twelve eighteen (1218) months after such existing Final Facility Maturity Date. Such request shall be accompanied by a certificate of a Financial an Authorized Officer of the Borrower stating that no Default or Event of Default has occurred and is continuing. If, by the date (each, an "Extension Response Date") which is 30 days prior to the applicable Extension Date, Continuing Lenders which are not Defaulting Lenders holding at least a majority of the Commitments held by Continuing Lenders which are not Defaulting Lenders agree thereto in writing, the Final Facility Maturity Date, and the Maturity Date of each Continuing Lender then consenting, shall be automatically extended to the date occurring twelve eighteen (1218) months after the then existing Final Facility Maturity Date. In the event that the Borrower has not obtained the requisite percentage of Continuing Lenders to permit an extension by the relevant Extension Response Date, the Borrower may extend the deadline for obtaining such percentage to the 30th day following such Extension Response Date in order to take such actions actions, including those contemplated by Section 1.14, with respect to any Lender that is a Non-Continuing Lender after giving effect to such Extension Response Date in order to obtain the requisite percentage of Lenders constituting Continuing Lenders to permit such extension (including actions contemplated by Section 2.18)extension. The Administrative Agent shall notify the Borrower and each Lender of the effectiveness of any such extension. No Lender shall be obligated to grant any extensions pursuant to this Section 2.21, 1.13 and any such extension shall be in the sole discretion of each of them. A Lender’s 's Maturity Date shall not be so extended pursuant to this Section 2.21 1.13 for (x) any Lender that is a Non-Continuing Lender at the time such request for extension is made and (y) any Continuing Lender at the time of such request that has not consented in writing, within the time specified above, to any such request for the extension thereof. It is understood and agreed that the Borrower shall have a total of two (2) opportunities to request an extension pursuant to this Section 2.21 and that each of such extension (if validly effected pursuant to this Section 2.21) shall extend the Final Maturity Date then in effect by twelve (12) months.

Appears in 1 contract

Samples: Credit Agreement (Reynolds American Inc)

Maturity Date Extensions. Prior to (but not less than 60 days nor more than 90 days prior to) the applicable Extension Date, the Borrower may make a written request to the Administrative Agent, who shall forward a copy of each such request to each of the Continuing Lenders, that the Final RL Maturity Date then in effect be extended to the date occurring twelve (12) months after such existing Final RL Maturity Date. Such request shall be accompanied by a certificate of a Financial an Authorized Officer of the Borrower stating that no Default or Event of Default has occurred and is continuing. If, by the date (each, an “Extension Response Date”) which is 30 days prior to the applicable Extension Date, Continuing Lenders which are not Defaulting Lenders holding at least a majority of the Revolving Loan Commitments held by Continuing Lenders which are not Defaulting Lenders agree thereto in writing, the Final RL Maturity Date, and the RL Maturity Date of each Continuing Lender then consenting, shall be automatically extended to the date occurring twelve (12) months after the then existing Final RL Maturity Date. In the event that the Borrower has not obtained the requisite percentage of Continuing Lenders to permit an extension by the relevant Extension Response Date, the Borrower may extend the deadline for obtaining such percentage to the 30th day following such Extension Response Date in order to take such actions with respect to any Lender that is a Non-Continuing Lender after giving effect to such Extension Response Date in order to obtain the requisite percentage of Lenders constituting Continuing Lenders to permit such extension (including actions contemplated by Section 2.181.14). The Administrative Agent shall notify the Borrower and each Lender of the effectiveness of any such extension. No Lender shall be obligated to grant any extensions pursuant to this Section 2.211.17, and any such extension shall be in the sole discretion of each of them. A Lender’s RL Maturity Date shall not be so extended pursuant to this Section 2.21 1.17 for (x) any Lender that is a Non-Continuing Lender at the time such request for extension is made and (y) any Continuing Lender at the time of such request that has not consented in writing, within the time specified above, to any such request for the extension thereof. It is understood and agreed that the Borrower shall have a total of two (2) opportunities to request an extension pursuant to this Section 2.21 1.17 and that each of such extension (if validly effected pursuant to this Section 2.211.17) shall extend the Final RL Maturity Date then in effect by twelve (12) months.

Appears in 1 contract

Samples: Credit Agreement (Reynolds American Inc)

Maturity Date Extensions. Prior to On or before the last Business Day which is sixty (but not less than 60 days nor more than 90 60) days prior to) to each anniversary date of the applicable Extension Closing Date, Borrowers may request the Borrower may make Banks to extend such Maturity Date for an additional one-year period. Borrowers shall request each such extension by appropriately completing, executing and delivering to Agent a written request to in the Administrative Agent, who shall forward form of Exhibit C (a copy of each such request to each "Revolver Extension Request"). Borrowers understand that this Subparagraph 2.01(h) is included in this Agreement for Borrowers' convenience in requesting extensions and acknowledge that neither Agent nor any of the Continuing LendersBanks has promised (either expressly or by implication), that the Final Maturity Date then in effect be extended to the date occurring twelve (12) months after such existing Final Maturity Date. Such request shall be accompanied by a certificate of a Financial Officer and neither Agent nor any of the Borrower stating that no Default Banks has occurred and is continuing. Ifany obligation or commitment, by the date (each, an “Extension Response Date”) which is 30 days prior to the applicable Extension Date, Continuing Lenders which are not Defaulting Lenders holding at least a majority of the Commitments held by Continuing Lenders which are not Defaulting Lenders agree thereto in writing, the Final Maturity Date, and extend the Maturity Date at any time. Agent shall promptly deliver to each Bank three (3) copies of each Continuing Lender then consentingRevolver Extension Request received by Agent. If a Bank, shall be automatically extended to the date occurring twelve (12) months after the then existing Final Maturity Date. In the event that the Borrower has not obtained the requisite percentage of Continuing Lenders to permit an extension by the relevant Extension Response Datein its sole and absolute discretion, the Borrower may extend the deadline for obtaining such percentage to the 30th day following such Extension Response Date in order to take such actions with respect consents to any Lender that is a Non-Continuing Lender after giving effect to Revolver Extension Request, such Extension Response Date in order to obtain the requisite percentage of Lenders constituting Continuing Lenders to permit Bank shall evidence such extension (including actions contemplated consent by Section 2.18). The Administrative Agent shall notify the Borrower executing and each Lender of the effectiveness of any such extension. No Lender shall be obligated to grant any extensions pursuant to this Section 2.21, and any such extension shall be in the sole discretion of each of them. A Lender’s Maturity Date shall not be so extended pursuant to this Section 2.21 for (x) any Lender that is a Non-Continuing Lender at the time such request for extension is made and (y) any Continuing Lender at the time of such request that has not consented in writing, within the time specified above, to any such request for the extension thereof. It is understood and agreed that the Borrower shall have a total of returning two (2) opportunities copies of the Revolver Extension Request to request an extension Agent not later than the last Business Day which is thirty (30) days after the date Borrowers delivered to Agent the Revolver Extension Request. Any failure by any Bank to execute and return a Revolver Extension Request shall be deemed a denial thereof. If Borrowers shall deliver a Revolver Extension Request to Agent pursuant to the first sentence of this Section 2.21 and that Subparagraph 2.01(h), then not later than the last Business Day which is thirty-five (35) days after the date Borrowers delivered to Agent the Revolver Extension Request, Agent shall notify Borrowers in writing whether (i) Agent has received a copy of the Revolver Extension Request executed by each Bank, in which case the definition of "Maturity Date" set forth in Schedule 1.01 shall be deemed amended as provided in the Revolver Extension Request as of the date of such extension written notice from Agent to Borrowers, or (if validly effected pursuant ii) Agent has not received a copy of the Revolver Extension Request executed by each Bank, in which case such Revolver Extension Request shall be deemed denied. Agent shall deliver to this Section 2.21Borrowers, with each written notice under clause (i) shall extend of the Final Maturity Date then in effect preceding sentence which notifies Borrowers that Agent has received a Revolver Extension Request executed by twelve (12) monthseach Bank, a copy of the Revolver Extension Request so executed by each Bank.

Appears in 1 contract

Samples: Credit Agreement (Silicon Valley Group Inc)

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