Common use of Notices; Lender Elections Clause in Contracts

Notices; Lender Elections. Each notice from the Borrower pursuant to this Section 2.06 shall set forth the requested amount and proposed terms of the Incremental Facility. Loans with respect to any Incremental Facility may be made by any existing Lender or by any other bank or financial institution selected by the Borrower that is reasonably acceptable to the Administrative Agent (any such existing Lender or other bank or other financial institution providing such loans, an “Incremental Lender”), in each case on terms permitted in this Section 2.06. At the time of the sending of such notice, the Borrower (in consultation with the Administrative Agent) shall specify the time period within which each Lender is requested to respond (which shall in no event be less than twenty Business Days from the date of delivery of such notice to the Lenders). No Lender shall be obligated to provide any portion of any Incremental Facility. Each Lender shall notify the Administrative Agent within such time period whether it agrees to provide a portion of such Incremental Facility and, if so, the amount thereof. Any Lender not responding within such time period shall be deemed to have declined to provide any portion of such Incremental Facility. The Administrative Agent shall notify the Borrower and each Lender of the Lenders’ responses to each request made hereunder. To achieve the full amount of a requested Incremental Facility, the Borrower may also invite any other bank or financial institution that is reasonably acceptable to the Administrative Agent to become a Lender thereunder.

Appears in 3 contracts

Samples: Term Loan Credit Agreement (SOUTH JERSEY GAS Co), Term Loan Credit Agreement (SOUTH JERSEY GAS Co), Term Loan Credit Agreement (SOUTH JERSEY GAS Co)

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Notices; Lender Elections. Each notice from the Borrower Company pursuant to this Section 2.06 shall set forth the requested amount and proposed terms of the Incremental FacilityAdditional Commitments. Loans with respect to Additional Commitments (or any Incremental Facility portion thereof) may be made by any existing Lender or by any other bank or financial institution selected by the Borrower that is reasonably acceptable to the Administrative Agent an Eligible Assignee (any such existing Lender or other bank or other financial institution institution, together with any existing Lenders providing such loansany Additional Commitments, an the Incremental LenderAdditional Lenders”), in each case on terms permitted in this Section 2.06and otherwise on terms reasonably acceptable to the Administrative Agent. At the time of the sending of such notice, the Borrower Company (in consultation with the Administrative Agent) shall specify the time period within which each Lender is requested to respond (which shall in no event be less than twenty ten Business Days from the date of delivery of such notice to the Lenders). No Each existing Lender shall be afforded an opportunity, but shall not be obligated to provide any portion of any Incremental FacilityAdditional Commitments, unless it so agrees. Each Lender shall notify the Administrative Agent within such time period whether or not it agrees to provide a portion of such Incremental Facility an Additional Commitment and, if so, the whether by an amount thereofequal to, greater than, or less than its Applicable (USD) Percentage of such requested increase. Any Lender not responding within such time period shall be deemed to have declined to provide any portion of such Incremental Facilityan Additional Commitment. The Administrative Agent shall notify the Borrower Company and each Lender of the Lenders’ responses to each request made hereunder. To achieve the full amount of a requested Incremental Facilityincrease, the Borrower Company may also invite any other bank or financial institution that is additional Eligible Assignees to become Lenders pursuant to a joinder agreement in form and substance reasonably acceptable satisfactory to the Administrative Agent to become a Lender thereunderand its counsel.

Appears in 2 contracts

Samples: Credit Agreement (Mastec Inc), Credit Agreement (Mastec Inc)

Notices; Lender Elections. Each notice from the Borrower Company pursuant to this Section 2.06 shall set forth the requested amount and proposed summary of terms of the Incremental FacilityCommitments. Loans with respect to any Incremental Facility Commitments may be made (at the option of the Company) by any existing Lender or by any other bank or financial institution selected by the Borrower that is reasonably acceptable to the Administrative Agent an Eligible Assignee (any each such existing Lender or other bank or other financial institution providing such loansIncremental Commitments, an “Incremental Lender”), in each case on terms permitted in this Section 2.06and otherwise on terms reasonably acceptable to the Administrative Agent; provided that it is understood and agreed that no existing Lender shall be obligated to provide any Incremental Commitment and each existing Lender may elect or decline to do so in its sole discretion. At the time of the sending of such notice, the Borrower Company (in consultation with the Administrative Agent) shall specify the time period within which each Lender and each prospective Incremental Lender is requested to respond (which shall in no event be less than twenty Business Days from the date of delivery of such notice to the Lenders). No Lender shall be obligated to provide any portion of any Incremental Facilityrespond. Each Lender shall notify the Administrative Agent within such time period whether or not it agrees to provide a portion of such an Incremental Facility Commitment and, if so, the whether by an amount thereofequal to, greater than, or less than its Applicable Percentage of such requested increase. Any Lender not responding within such time period shall be deemed to have declined to provide any portion of such an Incremental FacilityCommitment. The Administrative Agent shall notify the Borrower Company and each Lender of the Lenders’ responses to each request made hereunder. To achieve the full amount of Any Eligible Assignee invited to become a requested Incremental Facility, the Borrower may also invite any Lender pursuant to this Section 2.15 shall do so pursuant to a joinder agreement (or other bank or financial institution that is reasonably acceptable applicable documentation) in form and substance satisfactory to the Administrative Agent to become a Lender thereunderand its counsel.

Appears in 2 contracts

Samples: Credit Agreement (Tetra Tech Inc), Credit Agreement (Tetra Tech Inc)

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Notices; Lender Elections. Each notice from the Borrower Company pursuant to this Section 2.06 shall Sectionshall set forth the requested amount and proposed terms of the Incremental FacilityAdditional Commitments. Loans with respect to Additional Commitments (or any Incremental Facility portion thereof) may be made by any existing Lender or by any other bank or financial institution selected by the Borrower that is reasonably acceptable to the Administrative Agent an Eligible Assignee (any such existing Lender or other bank or other financial institution providing such loansinstitution, an together with any existing Lenders making any Additional Loans, the Incremental LenderAdditional Lenders”), in each case on terms permitted in this Section 2.06and otherwise on terms reasonably acceptable to the Administrative Agent. At the time of the sending of such notice, the Borrower Company (in consultation with the Administrative Agent) shall specify the time period within which each Lender is requested to respond (which shall in no event be less than twenty ten Business Days from the date of delivery of such notice to the Lenders). No Lender shall be obligated to provide any portion of any Incremental FacilityAdditional Loans, unless it so agrees. Each Lender shall notify the Administrative Agent within such time period whether or not it agrees to provide a portion of such Incremental Facility an Additional Commitment and, if so, the whether by an amount thereofequal to, greater than, or less than its Applicable Percentage of such requested increase. Any Lender not responding within such time period shall be deemed to have declined to provide any portion of such Incremental Facilityan Additional Commitment. The Administrative Agent shall notify the Borrower Company and each Lender of the Lenders’ responses to each request made hereunder. To achieve the full amount of a requested Incremental Facilityincrease, the Borrower Company may also invite any other bank or financial institution that is additional Eligible Assignees to become Lenders pursuant to a joinder agreement in form and substance reasonably acceptable satisfactory to the Administrative Agent to become a Lender thereunderand its counsel.

Appears in 1 contract

Samples: Credit Agreement (Ceco Environmental Corp)

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