Common use of Termination or Reduction of Commitment Clause in Contracts

Termination or Reduction of Commitment. The Company may, upon notice to the Lender, terminate the Commitment, or from time to time permanently reduce the amount of the Commitment; provided that (i) any such notice shall be received by the Lender not later than 1:00 p.m. five Business Days prior to the date of termination or reduction, (ii) any such partial reduction shall be in an aggregate amount of $10,000,000 or any whole multiple of $1,000,000 in excess thereof, (iii) the Company shall not terminate or reduce the amount of the Commitment if, after giving effect thereto and to any concurrent prepayments hereunder, the Total Outstandings plus the Alternative Currency Reserve (if any) would exceed the amount of the Commitment, and (iv) if, after giving effect to any reduction of the amount of the Commitment, the Letter of Credit Sublimit exceeds the amount of the Commitment, such Sublimit shall be automatically reduced by the amount of such excess. The amount of any such Commitment reduction shall not be applied to the Letter of Credit Sublimit unless otherwise specified by the Company. All fees accrued until the effective date of any termination of the Commitment shall be paid on the effective date of such termination.

Appears in 3 contracts

Samples: Credit Agreement (Sims Metal Management LTD), Credit Agreement (Sims Metal Management LTD), Credit Agreement (Metal Management Inc)

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Termination or Reduction of Commitment. The Company may, upon notice to the Lender, terminate the unused portion of the Commitment, or from time to time permanently reduce the amount of the unused Commitment; provided that (ia) any each such notice shall be in writing and must be received by the Lender not later than 1:00 p.m. five at least three Business Days prior to the effective date of such termination or reduction, and shall be irrevocable (iiprovided that a notice of termination of the Commitment may state that such notice is conditioned upon the effectiveness of other credit facilities, in which case such notice may be revoked by the Company (by notice to the Lender on or prior to the specified effective date) if such condition is not satisfied), (b) any such partial reduction shall be in an aggregate amount of $10,000,000 or any whole a larger multiple of $1,000,000 in excess thereof, and (iiic) the Company shall not terminate or reduce the amount of the Commitment if, after giving effect thereto and to any concurrent prepayments hereunder, the Total Outstandings plus the Alternative Currency Reserve (if any) would exceed the amount of the CommitmentCommitment Amount, and (iv) ifUnless previously terminated, after giving effect to any reduction of the amount of the Commitment, the Letter of Credit Sublimit exceeds the amount of the Commitment, such Sublimit shall be automatically reduced by the amount of such excess. The amount of any such Commitment reduction shall not be applied to the Letter of Credit Sublimit unless otherwise specified by the Company. All fees accrued until the effective date of any termination of the Commitment shall be paid automatically terminate on the effective date specified in clause (a)(i) of such terminationthe definition of “Commitment Termination Date.

Appears in 2 contracts

Samples: Credit Agreement (Montpelier Re Holdings LTD), Credit Agreement (Montpelier Re Holdings LTD)

Termination or Reduction of Commitment. The Company may, upon notice to the Lender, terminate the Commitment, or from time to time permanently reduce the amount of the Commitment; provided that (i) any such notice shall be received by the Lender not later than 1:00 p.m. five Business Days prior to the date of termination or reduction, (ii) any such partial reduction shall be in an aggregate amount of $10,000,000 or any whole multiple of $1,000,000 in [*] Confidential Treatment Requested excess thereof, (iii) the Company shall not terminate or reduce the amount of the Commitment if, after giving effect thereto and to any concurrent prepayments hereunder, the Total Outstandings plus the Alternative Currency Reserve (if any) would exceed the amount of the Commitment, and (iv) if, after giving effect to any reduction of the amount of the Commitment, the Letter of Credit Sublimit exceeds the amount of the Commitment, such Letter of Credit Sublimit shall be automatically reduced by the amount of such excess. The amount of any such Commitment reduction shall not be applied to the Letter of Credit Sublimit unless otherwise specified by the Company. All fees accrued until the effective date of any termination of the Commitment shall be paid on the effective date of such termination.

Appears in 1 contract

Samples: Credit Agreement (Sims Metal Management LTD)

Termination or Reduction of Commitment. (a) The Company Borrower may, upon notice to the Lender, terminate the Commitment, or from time to time permanently reduce the amount of the Commitment; provided that (ia) any such notice shall be received by the Lender not later than 1:00 p.m. 11:00 a.m., five Business Days prior to the date of termination or reduction, (iib) any such partial reduction shall be in an aggregate amount of $10,000,000 1,000,000 or any whole multiple of $1,000,000 500,000 in excess thereof, and (iiic) the Company Borrower shall not terminate or reduce the amount of the Commitment if, after giving effect thereto and to any concurrent prepayments hereunder, the Total Outstandings plus the Alternative Currency Reserve (if any) Outstanding Amount would exceed the amount of the Commitment, and (iv) if. If, after giving effect to any reduction of the amount of the Commitment, the Alternative Currency Sublimit or the Letter of Credit Sublimit exceeds the amount of the Commitment, such Sublimit shall be automatically reduced by the amount of such excess. The Except as required by the Lender, the amount of any such Commitment reduction shall not be applied to the Alternative Currency Sublimit or the Letter of Credit Sublimit unless otherwise specified by the Company. All fees accrued until the effective date of any termination of the Commitment shall be paid on the effective date of such terminationBorrower.

Appears in 1 contract

Samples: Credit Agreement (Copart Inc)

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Termination or Reduction of Commitment. The Company Borrowers may, upon notice to the Lender, terminate the Commitment, or from time to time permanently reduce the amount of the Commitment; provided that (i) any such notice shall be received by the Lender not later than 1:00 p.m. 10:00 a.m., five Business Days prior to the date of termination or reduction, (ii) any such partial reduction shall be in an aggregate amount of $10,000,000 5,000,000 or any whole multiple of $1,000,000 in excess thereof, (iii) the Company Borrower shall not terminate or reduce the amount of the Commitment if, after giving effect thereto and to any concurrent prepayments hereunder, the Total Outstandings plus the Alternative Currency Reserve (if any) would exceed the amount of the Commitment, and (iv) if, after giving effect to any reduction of the amount of the Commitment, the Standby Letter of Credit Sublimit exceeds the amount of the Commitment, such Standby Letter of Credit Sublimit shall be automatically reduced by the amount of such excess. The amount of any such Commitment reduction shall not be applied to the Letter of Credit Sublimit unless otherwise specified by the Company. All facility and unused line fees accrued until the effective date of any termination of the Commitment shall be paid on the effective date of such termination.

Appears in 1 contract

Samples: Credit Agreement (Gymboree Corp)

Termination or Reduction of Commitment. The Company Borrower may, upon notice to the LenderBank, terminate the Commitment, or from time to time permanently reduce the amount of the CommitmentCommitment Amount; provided that (i) any such notice shall be received by the Lender Bank not later than 1:00 p.m. 11:00 a.m. five Business Days prior to the date of termination or reduction, (ii) any such partial reduction of the Commitment Amount shall be in an aggregate amount of $10,000,000 or any whole multiple of $1,000,000 in excess thereof, (iii) the Company Borrower shall not terminate or reduce the amount of the Commitment Amount if, after giving effect thereto and to any concurrent prepayments hereunder, the Total Outstandings plus the Alternative Currency Reserve (if any) would exceed the amount of the Commitmentnew Commitment Amount, and (iv) if, after giving effect to any reduction of the amount of the CommitmentCommitment Amount, the Letter of Credit Sublimit exceeds the amount of the Commitmentnew Commitment Amount, such Letter of Credit Sublimit shall be automatically reduced by the amount of such excess. The amount of any such Commitment reduction shall not be applied to the Letter of Credit Sublimit unless otherwise specified by the Company. All fees accrued until the effective date of any termination of the Commitment or reduction of the Commitment Amount shall be paid on the effective date of such termination, and all fees accruing after the effective date of any reduction of the Commitment Amount shall be based on the new Commitment Amount.

Appears in 1 contract

Samples: Credit Agreement (Usana Health Sciences Inc)

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