Common use of Reduction or Termination of Commitment Clause in Contracts

Reduction or Termination of Commitment. (a) The Borrower shall have the right, exercisable by it at any time and from time to time upon not less than three Business Days prior written notice to the Lender and without penalty, but subject to the terms of this Section 2.11, to terminate any portion of the Commitment in respect of the Credit Facility not being used by the Borrower, provided that any such partial termination shall be in an amount not less than the lesser of (i) U.S. $10,000,000 and integral multiples thereof, and (ii) the entire amount of the unused Commitment. Notwithstanding the foregoing, the Borrower shall not be entitled to thereby (i) reduce the Commitment of the Lender below the then Outstanding Principal Obligations under the Credit Facility, or (ii) to prepay any outstanding BA Advance or LIBOR Loan, unless the Borrower shall pay to the Lender all interest accrued to the date of such prepayment on the Advances so prepaid, provide Cover to and thereafter maintain Cover with, the Lender in respect of all outstanding Bankers' Acceptances related to such BA Advances and on demand pay to the Lender any additional amounts payable pursuant to Section 11.7. No such reduction or termination of the Commitment in respect of the Credit Facility pursuant to this Section may be reinstated without the prior written approval of the Lender. Concurrently with the giving of any such notice, the Borrower shall prepay the Standby Fee that will have accrued due on the amount of the terminated portion of the Commitment to the effective date of such termination. (b) On the Termination Date in respect of the Credit Facility, all Commitments in respect of the Credit Facility shall be terminated in their entirety.

Appears in 1 contract

Samples: Credit Agreement (Hub International LTD)

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Reduction or Termination of Commitment. (a) The LENDER SHALL HAVE THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, ON AT LEAST 90 DAYS’ BUT NOT MORE THAN 150 DAYS’ PRIOR WRITTEN NOTICE TO BORROWER, TO TERMINATE THE COMMITMENT IN WHOLE OR ANY PORTION OF THE UNUSED PART OF SUCH COMMITMENT. If in whole, the principal amount of each Loan then outstanding, all accrued but unpaid interest thereon, and all fees, expenses and any other amounts due hereunder or under any other Facility Document shall be due and payable in full on the effective date of such termination without any further notice or demand by Lender; and if in part, the Borrower shall have on the righteffective date of such reduction repay all outstanding Loans in excess of the Commitment as so reduced, exercisable by it all interest accrued thereon and all accrued facility fees on the amount of such reduction in the Commitment. Once such termination has occurred, the Commitment may not be reinstated nor (except as provided in Section 2.11) may any reduction be reinstated. (b) Borrower may at any time and from time to time time, upon not less than three 5 Business Days Days’ prior written notice to the Lender and without penaltyLender, but subject permanently terminate, or from time to time permanently reduce, the terms of this Section 2.11, to terminate any portion Commitment; provided that (i) each reduction of the Commitment in respect of the Credit Facility not being used by the Borrower, provided that any such partial termination shall be in an amount that is an integral multiple of $500,000 and not less than the lesser of (i) U.S. $10,000,000 and integral multiples thereof1,000,000, and (ii) Borrower shall not reduce the entire Commitment unless, after giving effect to any concurrent prepayment of the Loans in accordance with Section 2.05(b), the aggregate outstanding principal amount of the unused Commitment. Notwithstanding the foregoing, the Borrower shall Loans would not be entitled to thereby (i) reduce exceed the Commitment of the Lender below the then Outstanding Principal Obligations under the Credit Facility, or as so reduced and (iiiii) to prepay any outstanding BA Advance or LIBOR Loan, unless the Borrower shall pay to the Lender all interest accrued to on the date of any such prepayment on termination the Advances so prepaid, provide Cover to and thereafter maintain Cover with, the Lender in respect principal amount of all outstanding Bankers' Acceptances related to Loans, all accrued but unpaid interest thereon and all fees, expenses and any other amounts due hereunder or under any other Facility Document. Once such BA Advances and on demand pay to the Lender any additional amounts payable pursuant to Section 11.7. No such termination or reduction or termination of has occurred, the Commitment in respect of the Credit Facility pursuant to this Section may not be reinstated without the prior written approval of the Lender. Concurrently with the giving of any such notice, the Borrower shall prepay the Standby Fee that will have accrued due on the amount of the terminated portion of the Commitment to the effective date of such terminationreinstated. (b) On the Termination Date in respect of the Credit Facility, all Commitments in respect of the Credit Facility shall be terminated in their entirety.

Appears in 1 contract

Samples: Credit Agreement (Persimmon Growth Partners Fund Lp)

Reduction or Termination of Commitment. (a) The Borrower shall have the right, exercisable by it at any time and from time to time upon not less than three Business Days prior written notice to the Lender and without penalty, but subject to the terms of this Section 2.112.9, to terminate any portion of the Commitment in respect of the Credit Facility not being used by the Borrower, provided that any such partial termination shall be in an amount not less than the lesser of (i) U.S. $10,000,000 and integral multiples thereof, and (ii) the entire amount of the unused Commitment. Notwithstanding the foregoing, the Borrower shall not be entitled to thereby (i) reduce the Commitment of the Lender below the then Outstanding Principal Obligations under the Credit Facility, or (ii) to prepay any outstanding BA Advance or LIBOR Loan, unless the Borrower shall pay to the Lender all interest accrued to the date of such prepayment on the Advances so prepaid, provide Cover to and thereafter maintain Cover with, the Lender in respect of all outstanding Bankers' Acceptances related to such BA Advances and on demand pay to the Lender any additional amounts payable pursuant to Section 11.7. No such reduction or termination of the Commitment in respect of the Credit Facility pursuant to this Section may be reinstated without the prior written approval of the Lender. Concurrently with the giving of any such notice, the Borrower shall prepay the Standby Fee that will have accrued due on the amount of the terminated portion of the Commitment to the effective date of such termination. (b) On the Termination Date in respect of the Credit Facility, all Commitments in respect of the Credit Facility shall be terminated in their entirety.

Appears in 1 contract

Samples: Non Revolving Credit Agreement (Hub International LTD)

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Reduction or Termination of Commitment. (ai) The Borrower shall have may elect to terminate the right, exercisable Floating Rate Loan Commitment in whole or reduce the Floating Rate Loan Commitment on any day by it at any time and from time to time upon not less than three Business Days prior irrevocable written notice to the Lender and without penalty, but subject Agent not less than 30 days prior to the terms proposed date of this Section 2.11, to terminate any portion termination or reduction (or upon such shorter notice period as mutually agreed upon by the Borrower and the Agent); provided that each reduction of the Floating Rate Loan Commitment in respect of the Credit Facility not being used by the Borrower, provided that any such partial termination shall be in an amount not less than a whole multiple of $1,000,000. In the lesser of (i) U.S. $10,000,000 and integral multiples thereof, and (ii) event the entire amount of the unused Commitment. Notwithstanding the foregoing, Floating Rate Loan Commitment is terminated by the Borrower shall not be entitled pursuant to thereby (i) reduce the Commitment of the Lender below the then Outstanding Principal Obligations under the Credit Facilitythis Section 2(h)(i), or (ii) to prepay any outstanding BA Advance or LIBOR Loan, unless the Borrower shall pay to the Agent for the account of the Lender all interest accrued to on the date of such prepayment on termination (A) the Advances so prepaid, provide Cover to and thereafter maintain Cover with, the Lender in respect aggregate principal amount of all outstanding Bankers' Acceptances Floating Rate Loans, together with accrued and unpaid interest thereon, and (B) all other fees and other amounts specifically related thereto, if any, payable hereunder. (ii) The Lender may elect to such BA Advances and terminate the Floating Rate Loan Commitment in whole but not in part on demand pay any day by irrevocable written notice to the Agent not less than 175 days prior to the proposed date of termination (or upon such shorter notice period as mutually agreed upon by the Borrower and the Agent); the Agent shall give such notice of termination to the Borrower promptly after its receipt of such notice. In the event the Floating Rate Loan Commitment is terminated by the Lender any additional amounts payable pursuant to Section 11.7. No such reduction or termination of the Commitment in respect of the Credit Facility pursuant to this Section may be reinstated without the prior written approval of the Lender. Concurrently with the giving of any such notice2(h)(ii), the Borrower shall prepay pay to the Standby Fee that will have accrued due Agent for the account of the Lender on the amount of the terminated portion of the Commitment to the effective date of such terminationtermination (A) the aggregate principal amount of all outstanding Floating Rate Loans, together with accrued interest thereon and (B) all other fees and other amounts specifically related thereto payable hereunder. (b) On the Termination Date in respect of the Credit Facility, all Commitments in respect of the Credit Facility shall be terminated in their entirety.

Appears in 1 contract

Samples: Credit Agreement (Advent Claymore Convertible Securities & Income Fund)

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