Common use of Notice by Borrower Clause in Contracts

Notice by Borrower. The Borrower may, at its option, request that the then existing Revolving Facility Termination Date of those Revolving Lenders which are not then Non-Extending Lenders be extended for extension periods of one, two or three years (an "Extension") by sending an extension request (an "Extension Request") to the Agent not less than 60 days and not more than 90 days before any Anniversary Date (each a "Request Period"), provided that following the granting of such Extension, the Revolving Facility Termination Date shall not be extended beyond three years from such Anniversary Date. The Agent will promptly after receipt thereof provide a copy of the Extension Request to each of the Revolving Lenders which is not then a Non-Extending Lender. If the Borrower fails to make an Extension Request within the Request Period, the Revolving Facility will no longer be capable of being extended as herein provided until the Request Period applicable to the next Anniversary Date and, unless so extended, the Revolving Facility will continue until the then current Revolving Facility Termination Date with each Revolving Lender's Individual Commitment Amount under the Revolving Facility remaining available for Drawdown during such time. Notwithstanding the foregoing, the initial Extension Request cannot be sent until the Borrower delivers to the Lenders the December 31, 2006 annual audited consolidated financial statements of the Trust in accordance with Section 14.1 (a) and the December 31, 2006 Independent Reserve Report in accordance with Section 14.1(d).

Appears in 1 contract

Samples: Credit Agreement (Harvest Energy Trust)

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Notice by Borrower. The Borrower may, at its option, request that the then existing Revolving Credit Facility Termination Date of those Revolving Lenders which are not then Non-Extending Lenders be extended for extension periods of one, two or three years (an "Extension") by sending an extension request (an "Extension Request") to the Agent not less than 60 days and not more than 90 days before any Anniversary Date (each a "Request Period"), provided that following the granting of such Extension, the Revolving Credit Facility Termination Date shall not be extended beyond three years from such Anniversary Date. The Agent will promptly after receipt thereof provide a copy of the Extension Request to each of the Revolving Lenders which is not then a Non-Extending Lender. If the Borrower fails to make an Extension Request within the Request Period, the Revolving Credit Facility will no longer be capable of being extended as herein provided until the Request Period applicable to the next Anniversary Date and, unless so extended, the Revolving Credit Facility will continue until the then current Revolving Credit Facility Termination Date with each Revolving Lender's Individual Commitment Amount under the Revolving Facility remaining available for Drawdown during such time. Notwithstanding the foregoing, the initial Extension Request cannot be sent until the Borrower delivers to the Lenders the December 31, 2006 annual audited consolidated financial statements of the Trust in accordance with Section 14.1 (a14.1(a) and the December 31, 2006 Independent Reserve Report in accordance with Section 14.1(d).

Appears in 1 contract

Samples: Credit Agreement (Harvest Energy Trust)

Notice by Borrower. The Subject to Section 2.2(f), the Borrower may, at its option, request that the then existing Revolving Credit Facility Termination Date of those Revolving Lenders which are not then Non-Extending Lenders be extended for extension periods of one, two two, three or three four years (an "Extension") by sending an extension request (an "Extension Request") to the Agent not less than 60 at any time within 30 days and not more than 90 days before prior to any Anniversary Date (each a "Request Period"), provided that following the granting of such Extension, the Revolving Credit Facility Termination Date shall not be extended beyond three four years from such Anniversary Date. The Agent will promptly after receipt thereof provide a copy of the Extension Request to each of the Revolving Lenders which is not then a Non-Non- Extending Lender. If the Borrower fails to make an Extension Request within the Request Period, the Revolving Credit Facility will no longer be capable of being extended as herein provided until the Request Period applicable to the next Anniversary Date and, unless so extended, the Revolving Credit Facility will continue until the then current Revolving Credit Facility Termination Date with each Revolving Lender's Individual Commitment Amount under the Revolving Facility remaining available for Drawdown during such time. Notwithstanding the foregoing, the initial Extension Request cannot be sent until the Borrower delivers to the Lenders the December 31, 2006 annual audited consolidated financial statements of the Trust in accordance with Section 14.1 (a) and the December 31, 2006 Independent Reserve Report in accordance with Section 14.1(d).

Appears in 1 contract

Samples: Credit Agreement (Harvest Operations Corp.)

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Notice by Borrower. The Borrower may, at its option, request that the then existing Revolving Credit Facility Termination Date of those Revolving Lenders which are not then Non-Extending Lenders be extended for extension periods of one, two two, three or three four years (an "Extension") by sending an extension request (an "Extension Request") to the Agent not less than 60 days and not more than 90 days before any Anniversary Date (each a "Request Period"), provided that following the granting of such Extension, the Revolving Credit Facility Termination Date shall not be extended beyond three four years from such Anniversary Date. The Agent will promptly after receipt thereof provide a copy of the Extension Request to each of the Revolving Lenders which is not then a Non-Extending Lender. If the Borrower fails to make an Extension Request within the Request Period, the Revolving Credit Facility will no longer be capable of being extended as herein provided until the Request Period applicable to the next Anniversary Date and, unless so extended, the Revolving Credit Facility will continue until the then current Revolving Credit Facility Termination Date with each Revolving Lender's Individual Commitment Amount under the Revolving Facility remaining available for Drawdown during such time. Notwithstanding the foregoing, the initial Extension Request cannot be sent until the Borrower delivers to the Lenders the December 31, 2006 annual audited consolidated financial statements of the Trust in accordance with Section 14.1 (a) and the December 31, 2006 Independent Reserve Report in accordance with Section 14.1(d).

Appears in 1 contract

Samples: Credit Agreement (Harvest Operations Corp.)

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