Common use of TERMINATION OF COMMITMENTS AND RIGHT OF SUBSTITUTION Clause in Contracts

TERMINATION OF COMMITMENTS AND RIGHT OF SUBSTITUTION. (i) The Company may at any time or from time to time terminate in whole or ratably in part the Commitments of all of the Lenders to an amount not less than the aggregate principal amount of the Loans then outstanding under this Agreement, by giving the Lenders and the Administrative Agent not less than two (2) Banking Days' notice of the aggregate amount of such termination (which shall not be less than Five Million Dollars ($5,000,000) or any greater amount evenly divisible by One Million Dollars ($1,000,000)) and such Lender's proportionate amount of such termination. If the Company terminates in whole the Commitments of the Lenders, on the effective date of such termination (provided the Company has prepaid in full the unpaid principal balance, if any, of the Notes outstanding together with all accrued and unpaid interest, if any, Facility Fees accrued and unpaid, and any applicable prepayment premiums) all of the Notes outstanding shall be delivered to the Company marked "Cancelled". Any termination of the Commitments shall be irrevocable during the remainder of the Commitment Period. (ii) The Company may at any time or from time to time terminate or reduce the Commitment of any Lender hereunder to an amount not less than the aggregate principal amount of the Loans then outstanding held by such Lender under this Agreement: (a) immediately if such Lender satisfies any of the criteria for insolvency described in Section 7.5 hereof; or (b) upon not less than two (2) Banking Days' notice to such Lender and the Administrative Agent if the Company, in its sole discretion, elects to terminate the Commitment of such Lender for any reason including, but not limited to, the default of such Lender under the terms of this Agreement. (iii) In the event the Commitment of any Lender is terminated by the Company, the Company shall replace such Lender with a successor Lender or banks (including any Lender or Lenders which is a party to this Agreement with the consent of such Lender or Lenders) with a Commitment not to exceed the Commitment of the terminated Lender(s); provided that such successor Lender shall, pursuant to a written instrument in form and substance satisfactory to the Company, effectively agree to become a party hereto and a "Lender" hereunder and be bound by the terms hereof. (iv) In the event of a default of any Lender under the terms of this Agreement, the Company's election to terminate the Commitment of such Lender shall not act as a waiver of any other remedies which the Company may have for such default. (v) The termination of the Commitment of any Lender pursuant to Section 2.5(ii) shall not affect the Commitments or the obligations of all remaining Lenders under this Agreement. (vi) After any termination or reduction of the Commitments as described in this Section 2.5, the Facility Fees payable hereunder shall be calculated upon the Commitments of the Lenders as so reduced.

TERMINATION OF COMMITMENTS AND RIGHT OF SUBSTITUTION. (i) The Company may at any time or from time to time terminate in whole or ratably in part the Commitments of all of the Lenders to an amount not less than the aggregate principal amount of the Loans then outstanding under this Agreement, by giving the Lenders and the Administrative Agent not less than two (2) Banking Days' notice of the aggregate amount of such termination (which shall not be less than Five Million Dollars ($5,000,000) or any greater amount evenly divisible by One Million Dollars ($1,000,000)) and such Lender's proportionate amount of such termination. If the Company terminates in whole the Commitments of the Lenders, on the effective date of such termination (provided the Company has prepaid in full the unpaid principal balance, if any, of the Notes outstanding together with all accrued and unpaid interest, if any, Facility Fees accrued and unpaid, and any applicable prepayment premiums) all of the Notes outstanding shall be delivered to the Company marked "Cancelled". Any termination of the Commitments shall be irrevocable during the remainder of the Commitment Period. (ii) The Company may at any time or from time to time terminate or reduce the Commitment of any Lender hereunder to an amount not less than the aggregate principal amount of the Loans then outstanding held by such Lender under this Agreement: (a) immediately if such Lender satisfies any of the criteria for insolvency described in Section 7.5 hereof; or (b) upon not less than two (2) Banking Days' notice to such Lender and the Administrative Agent if the Company, in its sole discretion, elects to terminate the Commitment of such Lender for any reason including, but not limited to, the default of such Lender under the terms of this Agreement. (iii) In the event the Commitment of any Lender is terminated by the Company, the Company shall replace such Lender with a successor Lender or banks Lenders (including any Lender or Lenders which is are a party to this Agreement with the consent of such Lender or Lenders) with a Commitment not to exceed the Commitment of the terminated Lender(s); provided that such successor Lender shall, pursuant to a written instrument in form and substance satisfactory to the Company, effectively agree to become a party hereto and a "Lender" hereunder and be bound by the terms hereof. (iv) In the event of a default of any Lender under the terms of this Agreement, the Company's election to terminate the Commitment of such Lender shall not act as a waiver of any other remedies which the Company may have for such default. (v) The termination of the Commitment of any Lender pursuant to Section 2.5(ii) shall not affect the Commitments or the obligations of all remaining Lenders under this Agreement. (vi) After any termination or reduction of the Commitments as described in this Section 2.5, the Facility Fees payable hereunder shall be calculated upon the Commitments of the Lenders as so reduced.

TERMINATION OF COMMITMENTS AND RIGHT OF SUBSTITUTION. (i) The Company may at any time or from time to time terminate in whole or ratably in part the Commitments of all of the Lenders Banks to an amount not less than the aggregate principal amount of the Loans then outstanding under this Agreement, by giving the Lenders Banks and the Administrative Agent not less than two (2) Banking Days' notice of the aggregate amount of such partial termination (which shall not be less than Five Million Dollars ($5,000,000) or any greater amount evenly divisible by One Million Dollars ($1,000,000)) and such LenderBank's proportionate amount of such partial termination. If the Company terminates in whole the Commitments of the LendersBanks, on the effective date of such termination (provided the Company has prepaid in full the unpaid principal balance, if any, of the Notes outstanding together with all accrued and unpaid interest, if any, Facility Fees accrued and unpaid, and any applicable prepayment premiums) all of the Notes outstanding shall be delivered to the Company marked "Cancelled". Any partial termination of the Commitments shall be irrevocable during the remainder of the Commitment Period. (ii) The Company may at any time or from time to time terminate or reduce the Commitment of any Lender Bank hereunder to an amount not less than the aggregate principal amount of the Loans then outstanding held by such Lender Bank under this Agreement: (a) immediately if such Lender Bank satisfies any of the criteria for insolvency described in Section 7.5 hereof; or (b) upon not less than two (2) Banking Days' notice to such Lender Bank and the Administrative Agent if the Company, in its sole discretion, elects to terminate the Commitment of such Lender Bank for any reason including, but not limited to, the default of such Lender Bank under the terms of this Agreement. (iii) In the event the Commitment of any Lender Bank is terminated by the Company, the Company shall have the right to replace such Lender Bank with a successor Lender bank or banks (including any Lender bank or Lenders banks which is a party to this Agreement with the consent of such Lender bank or Lendersbanks) with a Commitment not to exceed the Commitment of the terminated Lender(sBank(s); provided that such successor Lender bank shall, pursuant to a written instrument in form and substance satisfactory to the Company, effectively agree to become a party hereto and a "LenderBank" hereunder and be bound by the terms hereof. (iv) In the event of a default of any Lender under the terms of this Agreement, the Company's election to terminate the Commitment of such Lender shall not act as a waiver of any other remedies which the Company may have for such default. (v) The termination of the Commitment of any Lender pursuant to Section 2.5(ii) shall not affect the Commitments or the obligations of all remaining Lenders under this Agreement. (vi) After any termination or reduction of the Commitments as described in this Section 2.5, the Facility Fees payable hereunder shall be calculated upon the Commitments of the Lenders as so reduced.

TERMINATION OF COMMITMENTS AND RIGHT OF SUBSTITUTION. (i) The Company may at any time or from time to time terminate in whole or ratably in part the Commitments of all of the Lenders Banks to an amount not less than the aggregate principal amount of the Loans then outstanding under this Agreement, by giving the Lenders Banks and the Administrative Agent not less than two (2) Banking Days' notice of the aggregate amount of such partial termination (which shall not be less than Five Million Dollars ($5,000,000) or any greater amount evenly divisible by One Million Dollars ($1,000,000)) ) and such LenderBank's proportionate amount of such partial termination. If the Company terminates in whole the Commitments of the LendersBanks, on the effective date of such termination (provided the Company has prepaid in full the unpaid principal balance, if any, of the Notes outstanding together with all accrued and unpaid interest, if any, Facility Fees accrued and unpaid, and any applicable prepayment premiums) all of the Notes outstanding shall be delivered to the Company marked "Cancelled". Any partial termination of the Commitments shall be irrevocable during the remainder of the Commitment Period. (ii) The Company may at any time or from time to time terminate or reduce the Commitment of any Lender Bank hereunder to an amount not less than the aggregate principal amount of the Loans then outstanding held by such Lender Bank under this Agreement: (a) immediately if such Lender Bank satisfies any of the criteria for insolvency described in Section 7.5 hereof; or (b) upon not less than two (2) Banking Days' notice to such Lender Bank and the Administrative Agent if the Company, in its sole discretion, elects to terminate the Commitment of such Lender Bank for any reason including, but not limited to, the default of such Lender Bank under the terms of this Agreement. (iii) In the event the Commitment of any Lender Bank is terminated by the Company, the Company shall have the right to replace such Lender Bank with a successor Lender bank or banks (including any Lender bank or Lenders banks which is a party to this Agreement with the consent of such Lender bank or Lendersbanks) with a Commitment not to exceed the Commitment of the terminated Lender(sBank(s); provided that such successor Lender bank shall, pursuant to a written instrument in form and substance satisfactory to the Company, effectively agree to become a party hereto and a "LenderBank" hereunder and be bound by the terms hereof. (iv) In the event of a default of any Lender Bank under the terms of this Agreement, the Company's election to terminate the Commitment of such Lender Bank shall not act as a waiver of any other remedies which the Company may have for such default. (v) The termination of the Commitment of any Lender Bank pursuant to Section 2.5(ii) hereof shall not affect the Commitments or the obligations of all remaining Lenders Banks under this Agreement. (vi) After any termination or reduction of the Commitments as described in this Section 2.5, the Facility Fees payable hereunder shall be calculated upon the Commitments of the Lenders Banks as so reduced.