Common use of Optional facility cancellation Clause in Contracts

Optional facility cancellation. The Borrower shall be entitled, upon giving to the Agent not less than 5 Business Days’ prior written notice, to cancel, in whole or in part, and, if in part, by an aggregate amount not less than an amount equal to $5,000,000 or a higher integral multiple thereof (or such other amount acceptable to the Agent in its sole discretion), the undrawn balance of the Total Commitments (the “Cancellation Notice”) which notice shall be irrevocable and shall, at the option of the Borrower, specify whether such cancellation will be applied against a specific Advance, in which case the Borrower will specify the Advance against which that cancellation should be applied. A failure by the Borrower to make such a designation, in circumstances where no Advance has been made, shall result in the cancellation being applied against all Advances proportionately. Upon such cancellation taking effect on expiry of a Cancellation Notice the several obligations of the Lenders to make their respective Commitments available in relation to the portion of the Total Commitments to which such Cancellation Notice relates shall terminate.

Appears in 3 contracts

Samples: Loan Agreement (Capital Product Partners L.P.), Loan Agreement (Capital Product Partners L.P.), Loan Agreement (Capital Product Partners L.P.)

AutoNDA by SimpleDocs

Optional facility cancellation. The Borrower Borrowers shall be entitled, upon giving to the Agent not less than 5 Business Days’ prior written notice, to cancel, in whole or in part, and, if in part, by an aggregate amount not less than an amount equal to $5,000,000 500,000 or a higher integral multiple thereof (or such other amount acceptable to the Agent in its sole discretion), the undrawn balance of the Total Commitments (the “Cancellation Notice”) which notice shall be irrevocable and shall, at the option of the BorrowerBorrowers, specify whether such cancellation will be applied against a specific Advance, in which case the Borrower Borrowers will specify the Advance against which that cancellation should be applied. A failure by the Borrower Borrowers to make such a designation, in circumstances where no Advance has both Advances have been made, shall result in the cancellation being applied against all both Advances proportionately. Upon such cancellation taking effect on expiry of a Cancellation Notice the several obligations of the Lenders to make their respective Commitments available in relation to the portion of the Total Commitments to which such Cancellation Notice relates shall terminate.

Appears in 2 contracts

Samples: Agreement (Navios Maritime Containers Inc.), Loan Agreement (Navios Maritime Acquisition CORP)

Optional facility cancellation. The Borrower Borrowers shall be entitled, upon giving to the Agent not less than 5 five Business Days' prior written notice, to cancel, in whole or in part, and, if in part, by an aggregate amount not less than an amount equal to (i) $5,000,000 237,000 in respect of Advance A and (ii) $234,000 in respect of Advance B or a higher integral multiple thereof (or such other amount acceptable to the Agent in its sole discretion), the undrawn balance of the Total Commitments (the "Cancellation Notice") which notice shall be irrevocable and shall, at the option of the BorrowerBorrowers, specify whether such cancellation will be applied against a specific Advance, in which case the Borrower Borrowers will specify the Advance against which that cancellation should be applied. A failure by the Borrower Borrowers to make such a designation, in circumstances where no Advance has both Advances have been made, shall result in the cancellation being applied against all both Advances proportionately. Upon such cancellation taking effect on expiry of a Cancellation Notice the several obligations of the Lenders to make their respective Commitments available in relation to the portion of the Total Commitments to which such Cancellation Notice relates shall terminate.

Appears in 1 contract

Samples: Loan Agreement (Castor Maritime Inc.)

Optional facility cancellation. The Borrower Borrowers shall be entitled, upon giving to the Agent not less than 5 Business Days’ prior written notice, to cancel, in whole or in part, and, if in part, by an aggregate amount not less than an amount equal to $5,000,000 500,000 or a higher integral multiple thereof (or such other amount acceptable to the Agent in its sole discretion), the undrawn balance of the Total Commitments (the “Cancellation Notice”) which notice shall be irrevocable and shall, at the option of the BorrowerBorrowers, specify whether such cancellation will be applied against a specific Advance, in which case the Borrower Borrowers will specify the Advance against which that cancellation should be applied. A failure by the Borrower Borrowers to make such a designation, in circumstances where no Advance has all the Advances have been made, shall result in the cancellation being applied against all the Advances proportionately. Upon such cancellation taking effect on expiry of a Cancellation Notice the several obligations of the Lenders to make their respective Commitments available in relation to the portion of the Total Commitments to which such Cancellation Notice relates shall terminate.

Appears in 1 contract

Samples: Loan Agreement (Navios Maritime Containers L.P.)

Optional facility cancellation. The Borrower Borrowers shall be entitled, upon giving to the Agent not less than 5 five Business Days’ prior written notice, to cancel, in whole or in part, and, if in part, by an aggregate amount not less than an amount equal to of $5,000,000 1,000,000 or a higher integral multiple thereof (or such other amount acceptable to the Agent in its sole discretion), the undrawn balance of the Total Commitments (the “Cancellation Notice”) which notice shall be irrevocable and shall, at the option of the BorrowerBorrowers, specify whether such cancellation will be applied against a specific Advance, in which case the Borrower Borrowers will specify the Advance against which that cancellation should be applied. A failure by the Borrower Borrowers to make such a designation, in circumstances where no Advance has all Advances have been made, shall result in the cancellation being applied against all Advances proportionately. Upon such cancellation taking effect on expiry of a Cancellation Notice the several obligations of the Lenders to make their respective Commitments available in relation to the portion of the Total Commitments to which such Cancellation Notice relates shall terminate.

Appears in 1 contract

Samples: Loan Agreement (Global Ship Lease, Inc.)

AutoNDA by SimpleDocs

Optional facility cancellation. The Borrower Borrowers shall be entitled, upon giving to the Agent not less than 5 Business Days’ Days prior written noticenotice (the "Cancellation Notice") (which notice shall be irrevocable and shall, at the option of the Borrowers, specify whether such cancellation will be applied against a specific Advance, in which case the Borrowers will specify the Advance against which that cancellation should be applied). A failure by the Borrowers to make such a designation shall result in the cancellation being applied against the Loan in accordance with Clause 8.11(a)), to cancel, in whole or in part, and, if in part, by an aggregate amount not less than an amount equal to $5,000,000 and, if such part exceeds $5,000,000 the excess amount shall be in the amount of $1,000,000 or a higher integral multiple thereof (or such other amount acceptable to the Agent in its sole discretion), the undrawn balance of the Total Commitments (the “Cancellation Notice”) which notice shall be irrevocable and shall, at the option of the Borrower, specify whether such cancellation will be applied against a specific Advance, in which case the Borrower will specify the Advance against which that cancellation should be applied. A failure by the Borrower to make such a designation, in circumstances where no Advance has been made, shall result in the cancellation being applied against all Advances proportionatelyCommitments. Upon such cancellation taking effect on expiry of a Cancellation Notice the several obligations of the Lenders to make their respective Commitments available in relation to the portion of the Total Commitments to which such Cancellation Notice relates shall terminate.

Appears in 1 contract

Samples: Agreement (Seanergy Maritime Holdings Corp.)

Optional facility cancellation. The Borrower Borrowers shall be entitled, upon giving to the Agent not less than 5 five Business Days’ prior written notice, to cancel, in whole or in part, part (and, if in part, by an aggregate amount not less than a multiple integral amount of an amount equal to $5,000,000 or a higher integral multiple thereof Instalment (or such other amount acceptable to the Agent in its sole discretion)), the undrawn balance of the Total Commitments (the “Cancellation Notice”) which notice shall be irrevocable and shall, at the option of the BorrowerBorrowers, specify whether such cancellation will be applied against a specific Advance, in which case the Borrower Borrowers will specify the Advance against which that cancellation should be applied. A failure by the Borrower Borrowers to make such a designation, in circumstances where no Advance has all Advances have been made, shall result in the cancellation being applied against all Advances proportionately. Upon such cancellation taking effect on expiry of a Cancellation Notice the several obligations of the Lenders to make their respective Commitments available in relation to the portion of the Total Commitments to which such Cancellation Notice relates shall terminate.

Appears in 1 contract

Samples: Loan Agreement (Castor Maritime Inc.)

Time is Money Join Law Insider Premium to draft better contracts faster.