Termination 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, together with accrued and unpaid interest thereon 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 a back-up standby letter of credit reasonably satisfactory to the Lender, 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 then due and owing and other Obligations (other than contingent indemnification obligations to the extent no claim giving rise thereto has been asserted) together with accrued and unpaid interest thereon. (c) The Borrower shall notify the Lender of any election to terminate the Commitment under paragraph (b) of this Section at least two 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 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 of the Commitment shall be permanent.
Appears in 2 contracts
Samples: Credit Agreement (Material Sciences Corp), Credit Agreement (Material Sciences Corp)
Termination of Commitment. (a) Unless previously terminated, the Revolving 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, together with accrued and unpaid interest thereon and on any Letters of CreditCredit or Letters of Guaranty, (ii) the cancellation and return of all outstanding Letters of Credit or Letters of Guaranty (or alternatively, with respect to each such Letter of CreditCredit or Letters of Guaranty, the furnishing to the Lender of a cash deposit or a back-up standby letter of credit reasonably satisfactory to the Lender, equal to 105110% of the LC Exposure or the Letter of Guaranty 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 then due and owing and other Obligations (other than contingent indemnification obligations to the extent no claim giving rise thereto has been asserted) 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 $100,000.00 and not less than $1,000,000.00 and (ii) the Borrower shall not reduce the Revolving Commitment if, after giving effect to any concurrent prepayment of the Revolving Loans in accordance with Section 2.09, the sum of the Revolving Exposures would exceed the Revolving Commitment.
(d) The Borrower shall notify the Lender of any election to terminate or reduce the Commitment under paragraph (b) or (c) of this Section at least two 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 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 2 contracts
Samples: Credit Agreement (Fuel Tech, Inc.), Credit Agreement (Fuel Tech, Inc.)
Termination 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 Revolving Commitment upon (i) the payment in full of all outstanding Loans, together with accrued and unpaid interest thereon and on any Letters of CreditLC 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 deposit, or at the discretion of the Lender a back-up backup standby letter of credit reasonably 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, fees and (iv) the payment in full of all reimbursable expenses then due and owing and other Obligations (other than contingent indemnification obligations to the extent no claim giving rise thereto has been asserted) Obligations, together with accrued and unpaid interest thereon.
(c) The Borrower Borrowers shall notify the Lender of any election to terminate the Revolving Commitment under paragraph (b) of this Section at least two five Business Days prior to the effective date of such termination, 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 termination of the Revolving Commitment delivered by the Borrower Borrowers 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 Borrowers (by notice to the Lender on or prior to the specified effective date) if such condition is not satisfied. Any termination of the Revolving Commitment shall be permanent.
Appears in 2 contracts
Samples: Revolving Loan Credit Agreement (Servicesource International, Inc.), Revolving Loan Credit Agreement
Termination of Commitment. (a) Unless previously terminated, (i) the Term Commitments shall terminate at 5:00 p.m., Eastern Standard Time, on the Effective Date and (ii) 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 LoansRevolving Loans and LC Disbursements, together with accrued and unpaid interest thereon and on any Letters of Creditthereon, (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 back-up backup standby letter of credit reasonably 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 then due and owing and other Obligations (other than contingent indemnification obligations to the extent no claim giving rise thereto has been asserted) together with accrued and unpaid interest thereon.
(c) The Borrower Representative shall notify the Lender of any election to terminate the Revolving Commitment under paragraph (b) of this Section at least two 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 Representative pursuant to this Section shall be irrevocable; provided that a notice of termination 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 of the Revolving Commitment shall be permanent.
Appears in 1 contract
Samples: Credit Agreement (Hickok Inc)
Termination of Commitment. (a) Unless previously terminated, (i) the Term Commitments shall terminate at 5:00 p.m., Eastern Standard Time, on the Effective Date, (ii) the Revolving Commitment shall termi-nate on the Revolving Credit Maturity Date, and (iii) the CapEx Commitment shall terminate on the Maturity CapEx Conversion Date.
(b) The Borrower Borrowers may at any time terminate the Revolving Commitment upon (i) the payment in full of all outstanding LoansRevolving Loans and LC Disbursements, together with accrued and unpaid interest thereon and on any Letters of Creditthereon, (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 back-up backup standby letter of credit reasonably 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 then due and owing and other Obligations (other than contingent indemnification obligations to the extent no claim giving rise thereto has been asserted) together with accrued and unpaid interest thereon.
(c) The Borrower Representative shall notify the Lender of any election to terminate the Revolving Commitment under paragraph (b) of this Section at least two 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 Representative pursuant to this Section shall be irrevocable; provided that a notice of termination 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 of the Revolving Commitment shall be permanent.
Appears in 1 contract
Samples: Credit Agreement (Hickok Inc)
Termination of Commitment. (a) Unless previously terminatedIf, as a direct result of any of the Commitment changes in circumstances described in the foregoing provisions of this ss.4, a material increase shall terminate on occur in the Maturity Date.
(b) The Borrower may at any time terminate amounts payable by the Commitment upon (i) the payment in full of all outstanding Loans, together with accrued and unpaid interest thereon 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 Consignees to the Lender of a cash deposit Agent or a back-up standby letter of credit reasonably satisfactory the Institutions under this Agreement, then the Consignees shall have the right within thirty (30) Business Days following such change in circumstances and upon five (5) Business Days' prior written notice to the LenderAgent and the Institutions, 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 then due and owing and other Obligations (other than contingent indemnification obligations to the extent no claim giving rise thereto has been asserted) together with accrued and unpaid interest thereon.
(c) The Borrower shall notify the Lender of any election to terminate the Total Commitment under paragraph (b) in full by repurchasing from the Agent all Consigned Precious Metal in accordance with the requirements of this Section at least two Business Days prior ss.4.5; provided that any repurchase of any outstanding amount of Consignment Fixed Rate Amounts of Consigned Precious Metal resulting from any such termination of the Total Commitment pursuant to this ss.4.5 may be made only on the last day of the Interest Period relating thereto. Upon the effective date of any such terminationtermination of the Total Commitment, specifying the Consignees shall, at their option, (a) purchase from the Agent all Consigned Precious Metal outstanding by paying to the Agent an amount equal to the Fair Market Value as of such election date of the amount of such Consigned Precious Metal plus twenty-five cents ($0.25) per txxx ounce of such Consigned Precious Metal, together with any and all accrued and unpaid Daily Consignment Fees and other amounts accrued thereon, or (b) Redeliver to the effective date thereofAgent, Precious Metal, in bullion form, in an amount (measured in txxx ounces) equal to all Consigned Precious Metal outstanding, together with any and all accrued and unpaid Daily Consignment Fees and other amounts accrued thereon. Each notice delivered by No termination of the Borrower Total Commitment pursuant to this Section shall be irrevocable; provided that a notice of 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 ss.4.5 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 of the Commitment shall be permanentreinstated.
Appears in 1 contract
Samples: Gold Consignment Agreement (Finlay Enterprises Inc /De)
Termination of Commitment. (a) Unless previously terminated, (i) the Term Commitment shall terminate at 5:00 p.m., Denver, Colorado time, on the closing date of the Ultimark Acquisition and (ii) 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 LoansRevolving Loans and LC Disbursements, together with accrued and unpaid interest thereon and on any Letters of Creditthereon, (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 back-up backup standby letter of credit reasonably 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 fees (if any), and (iv) the payment in full of all reimbursable expenses then due and owing and other Secured Obligations (other than contingent indemnification obligations to the extent no claim giving rise thereto has been asserted) together with accrued and unpaid interest thereon.
(c) The Borrower Representative shall notify the Lender of any election to terminate the Revolving Commitment under paragraph (b) of this Section at least two 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 Representative pursuant to this Section shall be irrevocable; provided that a notice of termination 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 of the Revolving Commitment shall be permanent.
Appears in 1 contract
Termination of Commitment. (a) Unless previously terminated, the Revolving Commitment shall terminate termi-nate 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 LoansRevolving Loans and LC Disbursements, together with accrued and unpaid interest thereon and on any Letters of Creditthereon, (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 back-up backup standby letter of credit reasonably 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 then due and owing and other Obligations (other than contingent indemnification obligations to the extent no claim giving rise thereto has been asserted) together with accrued and unpaid interest thereon.
(c) The Borrower shall notify the Lender of any election to terminate the Revolving Commitment under paragraph (b) of this Section at least two 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 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 of the Revolving Commitment shall be permanent.
Appears in 1 contract
Termination of Commitment. (a) Unless previously terminated, 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 LoansRevolving Loans and LC Disbursements, together with accrued and unpaid interest thereon and on any Letters of Creditthereon, (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 back-up backup standby letter of credit reasonably 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 then due and owing and other Obligations (other than contingent indemnification obligations to the extent no claim giving rise thereto has been asserted) together with accrued and unpaid interest thereon.
(c) The Borrower shall notify the Lender of any election to terminate the Revolving Commitment under paragraph (b) of this Section at least two 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 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 of the Revolving Commitment shall be permanent..
Appears in 1 contract
Termination 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 LoansLoans and LC Disbursements, together with accrued and unpaid interest thereon and on any Letters of Creditthereon, (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 back-up backup standby letter of credit reasonably satisfactory to the Lender, ) in an amount equal to 105102% of the LC Exposure as of such date), (iii) the payment in full of the accrued and unpaid feesfees (if any), and (iv) the payment in full of all reimbursable expenses then due and owing and other Obligations (other than contingent indemnification obligations to the extent no claim giving rise thereto has been asserted) together with accrued and unpaid interest thereon.
(c) The Borrower shall notify the Lender of any election to terminate the Commitment under paragraph (b) of this Section at least two 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 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 of the Commitment shall be permanent.
Appears in 1 contract
Samples: Credit Agreement (Neogen Corp)
Termination of Commitment. (a) Unless previously terminated, the Commitment all Commitments 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, together with accrued and unpaid interest thereon 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 a back-up standby letter of credit reasonably satisfactory to the Lender, equal to 105110% 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 then due and owing and other Obligations (other than contingent indemnification obligations to the extent no claim giving rise thereto has been asserted) together with accrued and unpaid interest thereon.
(c) The Borrower Representative shall notify the Lender of any election to terminate the Commitment under paragraph (b) of this Section at least two five Business Days prior to the effective date of such termination, 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 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 of the Commitment shall be permanent.
Appears in 1 contract
Termination of Commitment. (a) Unless previously terminated, (i) the Term Commitments shall terminate at 5:00 p.m., Eastern Standard Time, on the Effective Date, (ii) the Revolving Commitment shall termi‐nate on the Revolving Credit Maturity Date, and (iii) the CapEx Commitment shall terminate on the Maturity CapEx Conversion Date.
(b) The Borrower Borrowers may at any time terminate the Revolving Commitment upon (i) the payment in full of all outstanding LoansRevolving Loans and LC Disbursements, together with accrued and unpaid interest thereon and on any Letters of Creditthereon, (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 back-up backup standby letter of credit reasonably 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 then due and owing and other Obligations (other than contingent indemnification obligations to the extent no claim giving rise thereto has been asserted) together with accrued and unpaid interest thereon.
(c) The Borrower Representative shall notify the Lender of any election to terminate the Revolving Commitment under paragraph (b) of this Section at least two 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 Representative pursuant to this Section shall be irrevocable; provided that a notice of termination 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 of the Revolving Commitment shall be permanent.
Appears in 1 contract