Common use of Termination and Reduction of Commitment Clause in Contracts

Termination and Reduction of Commitment. (a) Unless previously terminated, the Commitment shall terminate on the Maturity Date. (b) The Borrower may at any time terminate the Commitment upon (i) the payment in full of all outstanding Loans and LC Disbursements, together with accrued and unpaid interest thereon, (ii) the cancellation and return of all outstanding Letters of Credit (or alternatively, with respect to each such Letter of Credit, the furnishing to the Lender of a cash deposit (or at the discretion of the Lender a backup standby letter of credit satisfactory to the Lender) in an amount equal to 105% of the LC Exposure as of such date), (iii) the payment in full of the accrued and unpaid fees, and (iv) the payment in full of all reimbursable expenses and other Obligations together with accrued and unpaid interest thereon. (c) The Borrower may from time to time reduce the Commitment; provided that (i) each reduction of the Commitment shall be in an amount that is an integral multiple of $1,000,000 and not less than $5,000,000 and (ii) the Borrower shall not terminate or reduce the Commitment if, after giving effect to any concurrent prepayment of the Loans in accordance with Section 2.09, the Exposure would exceed the Commitment. (d) The Borrower shall notify the Lender of any election to terminate or reduce the Commitment under paragraphs (b) or (c) of this Section at least three (3) Business Days prior to the effective date of such termination, specifying such election and the effective date thereof. Each notice delivered by the Borrower pursuant to this Section shall be irrevocable; provided that a notice of termination or reduction of the Commitment delivered by the Borrower may state that such notice is conditioned upon the effectiveness of other credit facilities, in which case such notice may be revoked by the Borrower (by notice to the Lender on or prior to the specified effective date) if such condition is not satisfied. Any termination or reduction of the Commitment shall be permanent.

Appears in 4 contracts

Samples: Credit Agreement (SJW Group), Credit Agreement (SJW Group), Credit Agreement (SJW Group)

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Termination and Reduction of Commitment. (a) Unless previously terminated, the Revolving Commitment shall terminate on the Revolving Credit Maturity Date. (b) The Borrower Borrowers may at any time terminate the Revolving Commitment upon (i) the payment Payment in full of all outstanding Loans and LC Disbursements, together with accrued and unpaid interest thereon, (ii) the cancellation and return of all outstanding Letters of Credit (or alternatively, with respect to each such Letter of Credit, the furnishing to the Lender of a cash deposit (or at the discretion Full of the Lender a backup standby letter of credit satisfactory to the Lender) in an amount equal to 105% of the LC Exposure as of such date), (iii) the payment in full of the accrued and unpaid fees, and (iv) the payment in full of all reimbursable expenses and other Obligations together with accrued and unpaid interest thereonSecured Obligations. (c) The Borrower Borrowers may from time to time reduce the Revolving Commitment; provided that (i) each reduction of the Revolving Commitment shall be in an amount that is an integral multiple of $1,000,000 500,000 and not less than $5,000,000 1,000,000 and (ii) the Borrower Borrowers shall not terminate or reduce the Revolving Commitment if, after giving effect to any concurrent prepayment of the Revolving Loans in accordance with Section 2.09, the Revolving Exposure would exceed the Revolving Commitment. (d) The Borrower Representative shall notify the Lender of any election to terminate or reduce the Revolving Commitment under paragraphs paragraph (b) or (c) of this Section at least three (3) Business Days prior to the effective date of such terminationtermination or reduction, specifying such election and the effective date thereof. Each notice delivered by the Borrower Representative pursuant to this Section shall be irrevocable; provided that a notice of termination or reduction of the Revolving Commitment delivered by the Borrower Representative may state that such notice is conditioned upon the effectiveness of other credit facilitiesfacilities or consummation of other events, in which case such notice may be revoked by the Borrower Representative (by notice to the Lender on or prior to the specified effective date) if such condition is not satisfied. Any termination or reduction of the Revolving Commitment shall be permanent.

Appears in 2 contracts

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

Termination and Reduction of Commitment. (a) Unless previously terminated, the Commitment shall terminate on the Maturity Scheduled Commitment Termination Date. (b) The Borrower Borrowers may at any time terminate the Commitment upon (i) the payment in full of all outstanding Loans and LC Disbursementsterminate, together with accrued and unpaid interest thereon, (ii) the cancellation and return of all outstanding Letters of Credit (or alternatively, with respect to each such Letter of Credit, the furnishing to the Lender of a cash deposit (or at the discretion of the Lender a backup standby letter of credit satisfactory to the Lender) in an amount equal to 105% of the LC Exposure as of such date), (iii) the payment in full of the accrued and unpaid fees, and (iv) the payment in full of all reimbursable expenses and other Obligations together with accrued and unpaid interest thereon. (c) The Borrower may from time to time reduce reduce, without premium or penalty, the Commitment; , provided that (i) each reduction of the Commitment shall be in an amount that is an integral multiple of $1,000,000 and not less than $5,000,000 and (ii) the Borrower shall Borrowers may not terminate or reduce the Commitment if, immediately after giving effect thereto and to any concurrent prepayment repayment of the Loans in accordance with Section 2.092.4 or 2.5, the Exposure outstanding principal balance of the Loans would exceed the Commitment, and (ii) each such reduction shall be in a minimum amount of $5,000,000 and in an integral multiple of $1,000,000. (dc) The Borrower Borrowers shall notify the Lender Bank of any election to terminate or reduce the Commitment under paragraphs paragraph (b) or (c) of this Section at least three (3) Business Days prior to the effective date of such terminationtermination or reduction, specifying such election and the effective date thereof. Each notice delivered by the Borrower Borrowers pursuant to this Section shall be irrevocable; provided that a notice of irrevocable and any termination or reduction of the Commitment delivered by the Borrower may state that such notice is conditioned upon the effectiveness of other credit facilities, in which case such notice may hereunder shall be revoked by the Borrower (by notice to the Lender on or prior to the specified effective date) if such condition is not satisfiedpermanent. Any Each termination or reduction of the Commitment shall be permanentaccompanied by the payment of accrued and unpaid commitment fees to the extent required by Section 3.2. Notwithstanding the foregoing, the Borrowers may rescind (or delay the date of the Commitment termination or reduction identified in) any notice of termination or reduction under this clause (c) if such termination or reduction would have been in connection with a refinancing of all or a portion of the Commitments and/or the Loans or other conditional event, which refinancing or other conditional event shall not be consummated or shall otherwise be delayed. (d) In the event that any Borrower makes any Restricted Payment at any time that both (i) all or any portion of the principal of any Loan to such Borrower is outstanding, and (ii) immediately before or after giving effect thereto (x) an Event of Default with respect to such Borrower shall exist or would occur, or (y) a Default with respect to such Borrower shall exist or would occur under Section 7.7(a), then the Commitment with respect to such Borrower shall immediately and automatically terminate and, upon such termination, such Borrower shall immediately pay to the Bank an amount equal to the outstanding principal balance of its Loans, all accrued and unpaid interest thereon, such Borrower’s Pro-rata Share of all accrued and unpaid fees under Section 3.2, and all other sums then owing (whether or not then due, other than contingent indemnification obligations for which no claim has been made) by such Borrower under the Loan Documents.

Appears in 2 contracts

Samples: Credit Agreement (Tweedy, Browne Fund Inc.), Credit Agreement (Tweedy, Browne Fund Inc.)

Termination and Reduction of Commitment. (a) Unless previously terminated, the Revolving Commitment shall terminate on the Maturity Date. (b) The Borrower Borrowers may at any time terminate the Commitment upon (i) the payment in full of all outstanding Loans and LC DisbursementsLoans, together with accrued and unpaid interest thereonthereon and on any LC Exposure, (ii) the cancellation and return of all outstanding Letters of Credit (or alternatively, with respect to each such Letter of Credit, the furnishing to the Lender of a cash deposit (or at the discretion of the Lender a backup standby letter of credit satisfactory to the Lender) in an amount equal to 105% of the LC Exposure as of such date), (iii) the payment in full of the accrued and unpaid fees, including applicable Prepayment Fee (if any), and (iv) the payment in full of all reimbursable expenses and other Obligations together with accrued and unpaid interest thereon. (c) The Borrower Borrowers may from time to time reduce reduce, the Revolving Commitment; provided that (i) each reduction of the Revolving Commitment shall be in an amount that is an integral multiple of $1,000,000 and not less than $5,000,000 2,000,000 and (ii) the Borrower Borrowers shall not terminate or reduce the Revolving Commitment if, after giving effect to any concurrent prepayment of the Revolving Loans in accordance with Section 2.09, the Revolving Exposure would exceed the Commitment.lesser of the Revolving Commitment and the Borrowing Base/ (d) The Borrower Representative shall notify the Lender of any election to terminate or reduce the Commitment under paragraphs paragraph (b) or (c) of this Section at least three five (35) Business Days prior to the effective date of such terminationtermination or reduction, specifying such election and the effective date thereof. Each notice delivered by the Borrower Representative pursuant to this Section shall be irrevocable; provided that a notice of termination or reduction of the Commitment delivered by the Borrower Representative may state that such notice is conditioned upon the effectiveness of other credit facilities, in which case such notice may be revoked by the Borrower Representative (by notice to the Lender on or prior to the specified effective date) if such condition is not satisfied. Any termination or reduction of the Commitment shall be permanent.

Appears in 1 contract

Samples: Credit Agreement (Par Technology Corp)

Termination and Reduction of Commitment. (a) Unless previously terminated, (i) the Term A Commitment shall terminate on the Effective Date, (ii) the Term B Commitment shall terminate on the Term B Draw Expiration Date, and (iii) the Revolving Commitment shall terminate on the Revolving Credit Maturity Date. (b) The Borrower Borrowers may at any time terminate the Revolving Commitment upon (i) the payment in full of all outstanding Revolving Loans and LC Disbursements, together with accrued and unpaid interest thereon, (ii) the cancellation and return of all outstanding Letters of Credit (or alternatively, with respect to each such Letter of Credit, the furnishing to the Lender of a cash deposit (or at the discretion of the Lender a backup standby letter of credit satisfactory to the Lender) in an amount equal to 105% of the LC Exposure as of such date), (iii) the payment in full of the accrued and unpaid fees, and (iv) the payment in full of all reimbursable expenses and other Obligations together with accrued and unpaid interest thereon. (c) The Borrower Borrowers may from time to time reduce the Revolving Commitment; provided that (i) each reduction of the Revolving Commitment shall be in an amount that is an integral multiple of $1,000,000 500,000 and not less than $5,000,000 1,000,000 and (ii) the Borrower Borrowers shall not terminate or reduce the Revolving Commitment if, after giving effect to any concurrent prepayment of the Revolving Loans in accordance with Section 2.09, the Revolving Exposure would exceed the Revolving Commitment. (d) The Borrower Representative shall notify the Lender of any election to terminate or reduce the Revolving Commitment under paragraphs paragraph (b) or (c) of this Section at least three (3) Business Days prior to the effective date of such terminationtermination or reduction, specifying such election and the effective date thereof. Each notice delivered by the Borrower Representative pursuant to this Section shall be irrevocable; provided that a notice of termination or reduction of the Revolving Commitment delivered by the Borrower Representative may state that such notice is conditioned upon the effectiveness of other credit facilities, in which case such notice may be revoked by the Borrower Representative (by notice to the Lender on or prior to the specified effective date) if such condition is not satisfied. Any termination or reduction of the Revolving Commitment shall be permanent.

Appears in 1 contract

Samples: Credit Agreement (InfuSystem Holdings, Inc)

Termination and Reduction of Commitment. (a) Unless previously terminated, the Revolving Commitment shall terminate on the Maturity Datelast day of the Availability Period. (b) The Borrower may at any time terminate the Commitment upon (i) the payment in full of all outstanding Loans and LC Disbursementsterminate, together with accrued and unpaid interest thereon, (ii) the cancellation and return of all outstanding Letters of Credit (or alternatively, with respect to each such Letter of Credit, the furnishing to the Lender of a cash deposit (or at the discretion of the Lender a backup standby letter of credit satisfactory to the Lender) in an amount equal to 105% of the LC Exposure as of such date), (iii) the payment in full of the accrued and unpaid fees, and (iv) the payment in full of all reimbursable expenses and other Obligations together with accrued and unpaid interest thereon. (c) The Borrower may from time to time reduce reduce, the Revolving Commitment; provided that (i) Borrower shall not terminate or reduce the Revolving Commitment if, after giving effect to any concurrent prepayment or repayment of the Revolving Loans in accordance with Section 2.6, the Total Revolving Outstandings would exceed the Revolving Commitment, (ii) each such reduction of the Revolving Commitment shall be in an amount that is an integral multiple of $1,000,000 100,000 and not less than $5,000,000 100,000, and (iiiii) any reduction of the Borrower Revolving Commitment to an amount below the L/C Sublimit shall not terminate or automatically reduce the Commitment ifL/C Sublimit on a Dollar for Dollar basis. If at any time, after giving effect to any concurrent prepayment as a result of the Loans such a partial reduction or termination as provided in accordance with Section 2.092.4(a), the Exposure Total Revolving Outstandings would exceed the Revolving Commitment, then Borrower shall on the date of such reduction or termination of the Revolving Commitment, repay or prepay Revolving Loans in an aggregate amount equal to such excess. (dc) The Borrower shall notify the Lender of any election to terminate or reduce the Revolving Commitment under paragraphs paragraph (b) or (c) of this Section at least three (3) Business Days prior to the effective date of such terminationtermination or reduction, specifying such election and the effective date thereof. Each notice delivered by the Borrower pursuant to this Section shall be irrevocable; provided that a notice of termination or reduction . Each reduction, and any termination, of the Commitment delivered by the Borrower may state that such notice is conditioned upon the effectiveness of other credit facilities, in which case such notice may be revoked by the Borrower (by notice to the Lender on or prior to the specified effective date) if such condition is not satisfied. Any termination or reduction of the Revolving Commitment shall be permanent.

Appears in 1 contract

Samples: Credit Agreement

Termination and Reduction of Commitment. (a) Unless previously terminated, the Commitment all Commitments shall terminate on the Maturity Date. (b) The Borrower may at any time terminate the Commitment upon (i) the payment in full of all outstanding Loans and LC DisbursementsLoans, together with accrued and unpaid interest thereonthereon and on any Letters of Credit, (ii) the cancellation and return of all outstanding Letters of Credit (or alternatively, with respect to each such Letter of Credit, the furnishing to the Lender of a cash deposit (or at the discretion of the Lender a backup standby letter of credit satisfactory to the Lender) in an amount equal to 105% of the LC Exposure as of such datedate (or, with respect to non-U.S. Dollar Letters of Credit, 110% of the LC Exposure)), (iii) the payment in full of the accrued and unpaid fees, and (iv) the payment in full of all reimbursable expenses and other Obligations together with accrued and unpaid interest thereon. (c) The Borrower may from time to time reduce reduce, the Revolving Commitment; provided that (i) each reduction of the Revolving Commitment shall be in an amount that is an integral multiple of $1,000,000 100,000 and not less than $5,000,000 100,000 and (ii) the Borrower shall not terminate or reduce the Revolving Commitment if, after giving effect to any concurrent prepayment of the Revolving Loans in accordance with Section 2.09, the Exposure sum of the Revolving Exposures would exceed the Commitmentlesser of the total Revolving Commitment and the Borrowing Base. (d) The Borrower shall notify the Lender of any election to terminate or reduce the Commitment under paragraphs paragraph (b) or (c) of this Section at least three (3) five Business Days prior to the effective date of such terminationtermination or reduction, specifying such election and the effective date thereof. Each notice delivered by the Borrower pursuant to this Section shall be irrevocable; provided that a notice of termination or reduction of the Commitment delivered by the Borrower may state that such notice is conditioned upon the effectiveness of other credit facilities, in which case such notice may be revoked by the Borrower (by notice to the Lender on or prior to the specified effective date) if such condition is not satisfied. Any termination or reduction of the Commitment shall be permanent.

Appears in 1 contract

Samples: Credit Agreement (Zoltek Companies Inc)

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Termination and Reduction of Commitment. (a) Unless previously terminated, the Commitment shall terminate on the Maturity Date. (b) The Borrower may at any time terminate the Commitment upon (i) the payment in full of all outstanding Loans and LC Disbursements, together with accrued and unpaid interest thereon, (ii) the cancellation and return of all outstanding Letters of Credit (or alternatively, with respect to each such Letter of Credit, the furnishing to the Lender of a cash deposit (or at the discretion of the Lender a backup standby letter of credit satisfactory to the Lender) in an amount equal to 105% of the LC Exposure as of such date), (iii) the payment in full of the accrued and unpaid fees, including applicable Prepayment Fee (if any), and (iv) the payment in full of all reimbursable expenses and other Obligations together with accrued and unpaid interest thereon. (c) The Borrower may from time to time reduce the Commitment; provided that (i) each reduction of the Commitment shall be in an amount that is an integral multiple of $1,000,000 500,000 and not less than $5,000,000 500,000 and (ii) the Borrower shall not terminate or reduce the Commitment if, after giving effect to any concurrent prepayment of the Loans in accordance with Section 2.09, the Exposure would exceed the Commitment. (d) The Borrower shall notify the Lender of any election to terminate or reduce the Commitment under paragraphs paragraph (b) or (c) of this Section at least three (3) Business Days prior to the effective date of such terminationtermination or reduction, specifying such election and the effective date thereof. Each notice delivered by the Borrower pursuant to this Section shall be irrevocable; provided that a notice of termination or reduction of the Commitment delivered by the Borrower may state that such notice is conditioned upon the effectiveness of other credit facilities, in which case such notice may be revoked by the Borrower (by notice to the Lender on or prior to the specified effective date) if such condition is not satisfied. Any termination or reduction of the Commitment shall be permanent.

Appears in 1 contract

Samples: Credit Agreement (Par Technology Corp)

Termination and Reduction of Commitment. (a) Unless previously terminated, (i) the Term A Commitment shall terminate at 5:00 p.m., Detroit time, on the Effective Date, (ii) the Term B Commitment shall terminate on the Term B Draw Expiration Date, and (iii) all the Revolving Commitment shall termi­nate on the Revolving Credit Maturity Date. (b) The Borrower may at any time terminate the Revolving Commitment upon (i) the payment in full of all outstanding Revolving Loans and LC Disbursements, together with accrued and unpaid interest thereon, (ii) the cancellation and return of all outstanding Letters of Credit (or alternatively, with respect to each such Letter of Credit, the furnishing to the Lender of a cash deposit (or at the discretion of the Lender a backup standby letter of credit satisfactory to the Lender) in an amount equal to 105% of the LC Exposure as of such date), (iii) the payment in full of the accrued and unpaid fees, and (iv) the payment in full of all reimbursable expenses and other Obligations together with accrued and unpaid interest thereon. (c) The Borrower may from time to time reduce the Revolving Commitment; provided that (i) each reduction of the Revolving Commitment shall be in an amount that is an integral multiple of $1,000,000 and not less than $5,000,000 1,000,000 and (ii) the Borrower shall not terminate or reduce the Revolving Commitment if, after giving effect to any concurrent prepayment of the Revolving Loans in accordance with Section 2.09, the Revolving Exposure would exceed the Revolving Commitment. (d) The Borrower shall notify the Lender of any election to terminate or reduce the Revolving Commitment under paragraphs paragraph (b) or (c) of this Section at least three (3) Business Days prior to the effective date of such terminationtermination or reduction, specifying such election and the effective date thereof. Each notice delivered by the Borrower pursuant to this Section shall be irrevocable; provided that a notice of termination or reduction of the Revolving Commitment delivered by the Borrower may state that such notice is conditioned upon the effectiveness of other credit facilities, in which case such notice may be revoked by the Borrower (by notice to the Lender on or prior to the specified effective date) if such condition is not satisfied. Any termination or reduction of the Revolving Commitment shall be permanent.

Appears in 1 contract

Samples: Credit Agreement (Arotech Corp)

Termination and Reduction of Commitment. (a) Unless previously terminated, The Company shall have the right to terminate or reduce the Commitment shall terminate on the Maturity Date. (b) The Borrower may at any time terminate the Commitment upon (i) the payment in full of all outstanding Loans and LC Disbursements, together with accrued and unpaid interest thereon, (ii) the cancellation and return of all outstanding Letters of Credit (or alternatively, with respect to each such Letter of Credit, the furnishing to the Lender of a cash deposit (or at the discretion of the Lender a backup standby letter of credit satisfactory to the Lender) in an amount equal to 105% of the LC Exposure as of such date), (iii) the payment in full of the accrued and unpaid fees, and (iv) the payment in full of all reimbursable expenses and other Obligations together with accrued and unpaid interest thereon. (c) The Borrower may from time to time reduce the Commitment; at its option, provided that (i) the Company shall give notice of such termination or reduction to the Bank specifying the amount and effective date thereof, (ii) each partial reduction of the Commitment shall be in an a minimum amount that is of $1,000,000 and in an integral multiple of $1,000,000 1,000,000, (iii) no such termination or reduction shall be permitted with respect to any portion of the Commitment as to which a request for a Revolving Credit Advance pursuant to Section 2.4 is then pending and (iv) the Commitment may not less than $5,000,000 be terminated if any Revolving Credit Advances are then outstanding and may not be reduced below the principal amount of Revolving Credit Advances then outstanding. The Commitment or any portion thereof terminated or reduced pursuant to this Section 2.2, whether optional or mandatory, may not be reinstated. (b) For purposes of this Agreement, a Letter of Credit Advance (i) shall be deemed outstanding in an amount equal to the sum of the maximum amount available to be drawn under the related Letter of Credit on or after the date of determination and on or before the stated expiry date thereof plus the amount of any draws under such Letter of Credit that have not been reimbursed as provided in Section 3.3 and (ii) shall be deemed outstanding at all times on and before such stated expiry date or such earlier date on which all amounts available to be drawn under such Letter of Credit have been fully drawn, and thereafter until all related reimbursement obligations have been paid pursuant to Section 3.3. As provided in Section 3.3, upon each payment made by the Borrower Bank in respect of any draft or other demand for payment under any Letter of Credit, the amount of any Letter of Credit Advance outstanding immediately prior to such payment shall not terminate or reduce be automatically reduced by the Commitment if, after giving effect to any concurrent prepayment amount of each Revolving Credit Loan deemed advanced in respect of the Loans in accordance with Section 2.09, the Exposure would exceed the Commitment. (d) The Borrower shall notify the Lender of any election to terminate or reduce the Commitment under paragraphs (b) or (c) of this Section at least three (3) Business Days prior to the effective date of such termination, specifying such election and the effective date thereof. Each notice delivered by the Borrower pursuant to this Section shall be irrevocable; provided that a notice of termination or reduction related reimbursement obligation of the Commitment delivered by the Borrower may state that such notice is conditioned upon the effectiveness of other credit facilities, in which case such notice may be revoked by the Borrower (by notice to the Lender on or prior to the specified effective date) if such condition is not satisfied. Any termination or reduction of the Commitment shall be permanentCompany.

Appears in 1 contract

Samples: Loan Agreement (Ajk Enterprises Inc)

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