Prepayment of Affected Lenders. The Borrower shall have the right to permanently cancel without premium or penalty all, but not part, of each Commitment of each Affected Lender; provided that no Default or Event of Default has occurred and is continuing or will result therefrom. Such right may only be exercised by the Borrower delivering a notice to the Agent advising of such cancellation and specifying the effective date of cancellation which must be no less than five (5) Business Days after and no later than ninety (90) days after the Relevant Lender became an Affected Lender. The Borrower shall prepay the Affected Lender’s Rateable Share of all outstanding Loans on such effective date of cancellation, the Affected Lender’s Commitments shall be reduced to nil and such Affected Lender shall be released from its obligations to lend hereunder. Unless such Affected Lender is replaced pursuant to Section 12.10.10, the Total Commitment shall reduce by the amount of the reduction in such Affected Lender’s Commitment.
Appears in 1 contract
Samples: Loan Agreement (BioAmber Inc.)
Prepayment of Affected Lenders. (a) The Borrower shall have the right to permanently cancel without premium or penalty all, but not part, of each the Operating Commitment of each Affected Lender; Lender provided that no Default or Event of Default has occurred and is continuing or will result therefromoccurred. Such right may only be exercised by the Borrower delivering a notice Repayment/Cancellation Notice to the Administration Agent advising of such cancellation and specifying the effective date of cancellation which must be no less than five (5) three Business Days after and no later than ninety (90) 30 days after the Relevant Borrower has been notified that the relevant Lender became an Affected Lender. The Borrower shall permanently prepay the Affected Lender’s Rateable Share of all outstanding Loans Advances on such effective date of cancellation, the Affected Lender’s Commitments Commitment shall be reduced to nil zero and such Affected Lender shall be released from its obligations to lend hereunder. Unless such Affected Lender is replaced pursuant to Section 12.10.10, the The Total Operating Commitment shall reduce be reduced by the amount of the reduction in such Affected Lender’s CommitmentOperating Commitment made pursuant to this Section 8.6(a).
Appears in 1 contract
Samples: Credit Agreement (Kinder Morgan Inc)
Prepayment of Affected Lenders. The Borrower shall have the right to permanently cancel without premium or penalty all, but not part, of each Commitment of each Affected Lender; Lender provided that no Default or Event of Default has occurred and is continuing or will result therefromoccurred. Such right may only be exercised by the Borrower delivering a notice to the Agent advising of such cancellation and specifying the effective date of cancellation which must be no less than five (5) Business Days after and no later than ninety (90) 30 days after the Relevant relevant Lender became an Affected Lender. The Borrower shall prepay the Affected Lender’s 's Rateable Share of all outstanding Loans Advances on such effective date of cancellation, the Affected Lender’s 's Commitments shall be reduced to nil and such Affected Lender shall be released from its obligations to lend hereunder. Unless such Affected Lender is replaced pursuant to Section 12.10.10Subsection 15.15.2, the Swing Line Amount and the Total Revolving Commitment shall reduce by the amount respective amounts of the reduction in such Affected Lender’s 's Swing Line Commitment and Revolving Commitment.
Appears in 1 contract
Samples: Credit Agreement (MDC Partners Inc)
Prepayment of Affected Lenders. The Borrower Cognos or the US Borrower, as applicable, shall have the right to permanently cancel without premium or penalty all, but not part, of each Commitment of each Affected Lender; provided that that, no Default or Event of Default has occurred and is continuing or will result therefromcontinuing. Such right may only be exercised by the Borrower Cognos delivering a notice to the Relevant Agent advising of such cancellation and specifying the effective date of cancellation which must be no less than five three (53) clear Business Days after and no later than ninety (90) 90 days after the Relevant Lender became an Affected Lender. The Relevant Borrower shall prepay the Affected Lender’s Rateable Share of all outstanding Loans Advances on such effective date of cancellation, the Affected Lender’s Commitments shall be reduced to nil and such Affected Lender shall be released from its obligations to lend hereunder. Unless such Affected Lender is replaced pursuant to Section 12.10.10Subsection 17.11.10, the each Relevant Total Commitment shall reduce by the amount of the reduction in such Affected Lender’s CommitmentCommitment under each Relevant Credit Facility.
Appears in 1 contract
Samples: Credit Agreement (Cognos Inc)