Termination of Credit Facility. (a) The Credit Facility shall terminate on the earliest of (i) May 30, 2007, (ii) the date of termination by the Borrower pursuant to Section 2.5 or (iii) the date of termination by the Administrative Agent on behalf of the Lenders pursuant to Section 12.2(a); provided, that, on an annual basis the Borrower shall be entitled to request an extension of the Credit Facility upon the same terms and conditions as contained herein for an additional 364-day period and thereafter be entitled to request subsequent extensions for 364-day periods, which request shall be granted in the Lenders’ discretion and subject to the provisions of Sections 2.6(b) and (c); provided that the following conditions are satisfied (A) no Default or Event of Default has occurred and is continuing, (B) the Credit Facility has not been terminated pursuant to clause (ii) or (iii) above, (C) the Borrower provides written notice to the Administrative Agent (the “Extension Notice”) at least ninety (90) days prior to the then existing Maturity Date (the date on which such Extension Notice is delivered, the “Extension Notice Date”) of its request to extend the Credit Facility and (D) each of the conditions set forth in Section 5.3 on the then existing Maturity Date are satisfied by the Borrower.
Appears in 2 contracts
Samples: Credit Agreement (Bowater Inc), Third Amendment and Waiver (Bowater Inc)
Termination of Credit Facility. (a) The Credit Facility shall terminate on the earliest of (i) May 30, 20072007 (it being agreed by all parties hereto that, as of the Fourth Amendment Effective Date, such date shall be May 28, 2008), (ii) the date of termination by the Borrower pursuant to Section 2.5 or (iii) the date of termination by the Administrative Agent on behalf of the Lenders pursuant to Section 12.2(a); provided, that, on an annual basis the Borrower shall be entitled to request an extension of the Credit Facility upon the same terms and conditions as contained herein for an additional 364-day period and thereafter be entitled to request subsequent extensions for 364-day periods, which request shall be granted in the Lenders’ discretion and subject to the provisions of Sections 2.6(b) and (c); provided that the following conditions are satisfied (A) no Default or Event of Default has occurred and is continuing, (B) the Credit Facility has not been terminated pursuant to clause (ii) or (iii) above, (C) the Borrower provides written notice to the Administrative Agent (the “Extension Notice”) at least ninety (90) days prior to the then existing Maturity Date (the date on which such Extension Notice is delivered, the “Extension Notice Date”) of its request to extend the Credit Facility and (D) each of the conditions set forth in Section 5.3 on the then existing Maturity Date are satisfied by the Borrower.
Appears in 2 contracts
Samples: Fourth Amendment (AbitibiBowater Inc.), Fourth Amendment (Bowater Inc)
Termination of Credit Facility. (a) The Credit Facility shall terminate on the earliest of (i) May 30, 2007, (ii) the date of termination by the Borrower pursuant to Section 2.5 or (iii) the date of termination by the Administrative Agent on behalf of the Lenders pursuant to Section 12.2(a); provided, that, on an annual basis the Borrower shall be entitled to request an extension of the Credit Facility upon the same terms and conditions as contained herein for an additional 364-day period and thereafter be entitled to request subsequent extensions for 364-day periods, which request shall be granted in the Lenders’ ' discretion and subject to the provisions of Sections 2.6(b) and (c); provided that the following conditions are satisfied (A) no Default or Event of Default has occurred and is continuing, (B) the Credit Facility has not been terminated pursuant to clause (ii) or (iii) above, (C) the Borrower provides written notice to the Administrative Agent (the “"Extension Notice”") at least ninety (90) days prior to the then existing Maturity Date (the date on which such Extension Notice is delivered, the “"Extension Notice Date”") of its request to extend the Credit Facility and (D) each of the conditions set forth in Section 5.3 on the then existing Maturity Date are satisfied by the Borrower.
Appears in 2 contracts
Samples: Credit Agreement (AbitibiBowater Inc.), Third Amendment and Waiver (AbitibiBowater Inc.)