Reduction; Termination. The Borrower may, at any time and from time to time, by written notice to the Lender, reduce the Maximum Facility Amount, provided that, after giving effect thereto, the outstanding principal amount of the Loans will not exceed the Maximum Facility Amount as so reduced. The Borrower may, at any time, by written notice to the Lender, terminate the Facility or the Facility Period, provided that, on the effective date of the termination of the Facility, all of the Loans, all accrued interest thereon and all other obligations of the Borrower hereunder have been paid in full.
Reduction; Termination. If all Settlement Class members that purchased Turkey manufactured by Tyson that opt out of the Settlement Class made purchases of Turkey manufactured by Tyson comprising, in aggregate, more than 15% of Xxxxx’x sales to the Settlement Class members that purchased Turkey manufactured by Tyson during the period January 1, 2010 through January 1, 2017, the Settlement Amount shall be reduced proportionately for each additional percentage point of sales to Settlement Class members that opt out beyond this 15% threshold. To resolve any doubt, if Settlement Class members that purchased Turkey manufactured by Tyson that opt out of the Settlement Class made purchases of Turkey manufactured by Tyson representing 20% of Xxxxx’x sales to Settlement Class members that purchased Turkey manufactured by Tyson, the settlement would be reduced by 5%. If Settlement Class members that purchased Turkey manufactured by Tyson during the period January 1, 2010 through January 1, 2017 that opt out of the Settlement Class made purchases of Turkey manufactured by Tyson comprising, in aggregate, more than 30% of Xxxxx’x sales to Settlement Class members that purchased Turkey manufactured by Tyson during this time period, Tyson will have the sole discretion to rescind the Settlement Agreement. However, sums expended for notice will not be refunded. It is agreed that this long-form settlement agreement and the parties’ Term Sheet shall be admissible in any proceeding for establishing the terms of the Parties’ agreement or for any other purpose with respect to implementing or enforcing the terms thereof. Tyson shall bear the burden of establishing the amount of Settlement Class opt out purchasers. In connection with meeting its xxxxxx, Xxxxx can rely on all available relevant evidence and its good faith reasonable estimates. If the Parties dispute the relevant amount of opt out purchases, or whether Tyson has met its burden, the parties agree to mediate this dispute with Xxxxxx Xxxxxxxxx or another independent and neutral mediator to be selected in good faith by mutual agreement of Parties (the “Mediator”). The Mediator’s determinations shall be binding on the Parties.
Reduction; Termination. Borrowers may terminate the Commitments, or reduce the Maximum Commitment Amount, by giving irrevocable written notice to Lender of such termination or reduction five (5) Business Days prior to the requested effective date thereof (which date shall be specified in such notice and shall be a Business Day): (a) (i) in the case of complete termination of the Commitment, upon prepayment of all of the outstanding Obligations; or (ii) in the case of a reduction of the Maximum Commitment Amount, upon prepayment of the amount by which the Principal Obligations exceed the reduced Available Commitment, including, without limitation, payment of all interest accrued thereon, in accordance with the terms of Section 3.2; provided that, the Maximum Commitment Amount may not be terminated or reduced such that the Available Commitment would be less than the aggregate stated amount of outstanding Letters of Credit; and (b) in the case of the complete termination of the Commitment, if any Letter of Credit Liability exists, upon payment to Lender of the Cash Collateral (from the proceeds of Capital Calls only) for deposit in the cash collateral account in accordance with Section 2.8(g), without presentment, demand, protest or any other notice of any kind, all of which are hereby waived. Notwithstanding the foregoing: (x) any reduction of the Maximum Commitment Amount shall be in an amount equal to $1,000,000 or multiples thereof; and (y) in no event shall a reduction by Borrowers reduce the Maximum Commitment Amount below $5,000,000 (except for a complete termination of the Commitment).
Reduction; Termination. (a) Borrower may permanently reduce the Line of Credit Commitment in whole or in part in integral multiples of $500,000.00 upon at least five (5) business days written notice to Bank which notice shall specify the amount of any such reduction; provided, however, that the amount of the Letter of Credit Commitment may not be reduced below the aggregate amount of advances and Letters of Credit outstanding thereunder.
