Common use of Termination or Reduction of Total Revolving Commitments Clause in Contracts

Termination or Reduction of Total Revolving Commitments. The Borrower shall have the right, upon not less than five Business Days’ written notice delivered to the Administrative Agent, to terminate the Total Revolving Commitments or from time to time to reduce the amount of the Total Revolving Commitments; provided that no such termination or reduction shall be permitted if, after giving effect thereto and to any prepayments of the Revolving Loans and Swingline Loans to be made on the effective date thereof the amount of the Total Revolving Extensions of Credit then outstanding would exceed the Total Revolving Commitments then in effect. Any such reduction shall be in an amount equal to $5,000,000, or a whole multiple of $1,000,000 in excess thereof (or if less, not less than an amount equal to the remaining outstanding Total Revolving Extensions of Credit), and shall reduce permanently the Total Revolving Commitments then in effect; provided that, if in connection with any such reduction or termination of the Total Revolving Commitments a Eurodollar Loan is prepaid on any day other than the last day of the Interest Period applicable thereto, the Borrower shall also pay any amounts owing pursuant to Section 2.19. Any reduction of the Total Revolving Commitments shall be applied to the Revolving Commitments of each Lender according to its respective Revolving Percentage. All fees accrued until the effective date of any termination of the Total Revolving Commitments shall be paid on the effective date of such termination. Notwithstanding the foregoing, any notice to reduce the Total Revolving Commitment delivered in connection with any refinancing of all of the Facility with the proceeds of such refinancing or of any incurrence of Indebtedness or the occurrence of some other identifiable event or condition, may be, if expressly so stated to be, contingent upon the consummation of such refinancing or incurrence or occurrence of such identifiable event or condition and may be revoked by the Borrower in the event such contingency is not met.

Appears in 2 contracts

Samples: Credit Agreement (Digi International Inc), Credit Agreement (Digi International Inc)

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Termination or Reduction of Total Revolving Commitments. The Borrower shall have the rightBorrowers may, upon not less than five Business Days’ prior written notice delivered from the Borrower Representative to the Administrative Agent, to terminate the Total total Revolving Commitments or from time to time to permanently reduce the amount of the Total total Revolving Commitments; provided provided, however, that no (a) any such notice shall be received by the Administrative Agent not later than 11:00 a.m. (i) ten (10) Business Days prior to the date of termination or reduction shall be permitted if(ii) three (3) Business Days prior to the date of reduction, after giving effect thereto and to (b) any prepayments of the Revolving Loans and Swingline Loans to be made on the effective date thereof the amount of the Total Revolving Extensions of Credit then outstanding would exceed the Total Revolving Commitments then in effect. Any such partial reduction shall be in an aggregate amount equal to of $5,000,000, 500,000 or a any whole multiple of $1,000,000 100,000 in excess thereof thereof, (or if lessc) after giving effect to any reduction of the total Revolving Commitments, the total Revolving Commitments shall not be less than an amount equal to (i) the remaining outstanding Total total Revolving Extensions Exposures or (ii) the sum of Creditthe Letter of Credit Sublimit and the Swingline Loan Sublimit, (d) any termination of the total Revolving Commitments shall be accompanied by a prepayment in full of all Revolving Loans and all Letter of Credit Liabilities shall be Cash Collateralized in accordance with the terms of Section 2.03(g), and (e) the Administrative Agent shall reduce permanently the Total Revolving Commitments then in effect; provided that, if not be required to release its Lien on any Collateral in connection with any termination or reduction. The Administrative Agent will promptly notify the Revolving Lenders of any such notice of termination or reduction or termination of the Total Revolving Commitments a Eurodollar Loan is prepaid on any day other than the last day of the Interest Period applicable thereto, the Borrower shall also pay any amounts owing pursuant to Section 2.19Commitments. Any reduction of the Total total Revolving Commitments shall be applied to the Revolving Commitments Commitment of each Lender according to its respective Revolving PercentagePro Rata Share. All fees accrued with respect thereto until the effective date of any termination or reduction of the Total total Revolving Commitments shall be paid on the effective date of such terminationtermination or reduction. Notwithstanding the foregoing, any Any notice to reduce the Total Revolving Commitment delivered in connection with any refinancing of all termination of the Facility with the proceeds of such refinancing or of any incurrence of Indebtedness or the occurrence of some other identifiable event or condition, may be, if expressly so stated to be, contingent upon the consummation of such refinancing or incurrence or occurrence of such identifiable event or condition and may be revoked total Revolving Commitments delivered by the Borrower in the event such contingency is not metRepresentative pursuant to this Section 2.06 shall be irrevocable.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (AdaptHealth Corp.), Credit and Guaranty Agreement (AdaptHealth Corp.)

Termination or Reduction of Total Revolving Commitments. (a) The Borrower shall have the right, upon not less than five three (3) Business Days’ written notice delivered to the Administrative Agent, to terminate the Total Revolving Commitments or or, from time to time time, to reduce the amount of the Total Revolving Commitments; provided that no such termination or reduction shall be permitted if, after giving effect thereto and to any prepayments of the Revolving Loans and Swingline Loans to be made on the effective date thereof the amount of the Total Revolving Extensions of Credit then outstanding would exceed the Total Revolving Commitments then in effecteffect (as so reduced); provided further that if such written notice indicates that the termination or the reduction, as applicable, of the Total Revolving Commitments is conditioned upon the occurrence of an event, such written notice may be revoked by written notice to the Administrative Agent on or prior to the date of the proposed termination or reduction if the relevant event has not occurred. Any such reduction shall be in an amount equal to $5,000,000100,000, or a whole multiple of $1,000,000 in excess thereof (or if less, not less than an such lesser amount equal to the remaining outstanding Total Revolving Extensions of Creditoutstanding), and shall reduce permanently the Total Revolving Commitments then in effect; provided that, if in connection with any such reduction or termination of the Total Revolving Commitments a Eurodollar Loan is prepaid on any day other than the last day of the Interest Period applicable thereto, the Borrower shall also pay any amounts owing pursuant to Section 2.192.18. Any reduction of the Total Revolving Commitments shall be applied to the Revolving Commitments of each Lender according to its respective Revolving Percentage. All fees accrued until the effective date of any termination of the Total Revolving Commitments shall be paid on the effective date of such termination. Notwithstanding the foregoing, any notice to reduce A permanent reduction of the Total Revolving Commitment delivered shall not require a corresponding pro rata reduction in connection with any refinancing of all the L/C Sublimit or the Swingline Commitment; provided that the L/C Sublimit and/or the Swingline Commitment, as applicable, shall be permanently reduced by the amount thereof in excess of the Facility with the proceeds of such refinancing or of any incurrence of Indebtedness or the occurrence of some other identifiable event or condition, may be, if expressly so stated to be, contingent upon the consummation of such refinancing or incurrence or occurrence of such identifiable event or condition and may be revoked by the Borrower in the event such contingency is not metTotal Revolving Commitment.

Appears in 2 contracts

Samples: Credit Agreement (DoubleVerify Holdings, Inc.), Credit Agreement (DoubleVerify Holdings, Inc.)

Termination or Reduction of Total Revolving Commitments. The Borrower shall have the right, upon not less than five Business Days’ written notice delivered to the Administrative Agent, to terminate the Total Revolving Commitments or from time to time to reduce the amount of the Total Revolving Commitments; provided that no such termination or reduction shall be permitted if, after giving effect thereto and to any prepayments of the Revolving Loans and Swingline Loans to be made on the effective date thereof the amount of the Total Revolving Extensions of Credit then outstanding would exceed the Total Revolving Commitments then in effect. Any such reduction shall be in an amount equal to $5,000,000, or a whole multiple of $1,000,000 in excess thereof (or if less, not less than an amount equal to the remaining outstanding Total Revolving Extensions of Credit), and shall reduce permanently the Total Revolving Commitments then in effect; provided that, if in connection with any such reduction or termination of the Total Revolving Commitments a Eurodollar SOFR Loan is prepaid on any day other than the last day of the Interest Period applicable thereto, the Borrower shall also pay any amounts owing pursuant to Section 2.192.16. Any reduction of the Total Revolving Commitments shall be applied to the Revolving Commitments of each Lender according to its respective Revolving Percentage. All fees accrued until the effective date of any termination of the Total Revolving Commitments shall be paid on the effective date of such termination. Notwithstanding the foregoing, any notice to reduce the Total Revolving Commitment delivered in connection with any refinancing of all of the Facility with the proceeds of such refinancing or of any incurrence of Indebtedness or the occurrence of some other identifiable event or condition, may be, if expressly so stated to be, contingent upon the consummation of such refinancing or incurrence or occurrence of such identifiable event or condition and may be revoked by the Borrower in the event such contingency is not met.

Appears in 1 contract

Samples: Revolving Credit Agreement (Digi International Inc)

Termination or Reduction of Total Revolving Commitments. The Borrower shall have the rightBorrowers may, upon not less than five Business Days’ prior written notice delivered from the Borrower Representative to the Administrative Agent, to terminate the Total total Revolving Commitments or from time to time to permanently reduce the amount of the Total total Revolving Commitments; provided provided, however, that no (a) any such termination or reduction notice shall be permitted if, received by the Administrative Agent not later than 1:00 p.m. (i) [***] (c) after giving effect thereto and to any prepayments reduction of the total Revolving Commitments, the total Revolving Commitments shall not be less than (i) the total Revolving Exposures or (ii) the sum of the Letter of Credit Sublimit and the Swingline Loan Sublimit, (d) any termination of all Revolving Commitments shall be accompanied by a prepayment in full of all Revolving Loans and Swingline Loans to be made on the effective date thereof the amount of the Total Revolving Extensions all Letter of Credit then outstanding would exceed the Total Revolving Commitments then in effect. Any such reduction Liabilities shall be Cash Collateralized in an amount equal to $5,000,000, or a whole multiple accordance with the terms of $1,000,000 in excess thereof (or if less, not less than an amount equal to the remaining outstanding Total Revolving Extensions of CreditSection 2.03(g), and (e) the Administrative Agent shall reduce permanently the Total Revolving Commitments then in effect; provided that, if not be required to release its Lien on any Collateral in connection with any termination (other than on the Termination Date) or reduction. The Administrative Agent will promptly notify the Revolving Lenders of any such notice of termination or reduction or termination of the Total Revolving Commitments a Eurodollar Loan is prepaid on any day other than the last day of the Interest Period applicable thereto, the Borrower shall also pay any amounts owing pursuant to Section 2.19Commitments. Any reduction of the Total total Revolving Commitments shall be applied to the Revolving Commitments Commitment of each Lender according to its respective Revolving PercentagePro Rata Share. All fees accrued with respect thereto until the effective date of any termination or reduction of the Total total Revolving Commitments shall be paid on the effective date of such terminationtermination or reduction. Notwithstanding the foregoing, any Any notice to reduce the Total Revolving Commitment delivered in connection with any refinancing of all termination of the Facility with total Revolving Commitments delivered by the proceeds Borrower Representative pursuant to this Section 2.06 shall be irrevocable, provided that a notice of termination of the Revolving Commitments may state that such refinancing or of any incurrence of Indebtedness or the occurrence of some other identifiable event or condition, may be, if expressly so stated to be, contingent notice is conditioned upon the consummation effectiveness of other credit facilities, in which case Exhibit 10.6 such refinancing or incurrence or occurrence of such identifiable event or condition and notice may be revoked by the Borrower in Representative (by notice to the event Administrative Agent at least one (1) Business Day prior to the specified effective date) if such contingency condition is not metsatisfied.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Mesa Air Group Inc)

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Termination or Reduction of Total Revolving Commitments. The Borrower shall have the rightBorrowers may, upon not less than five Business Days’ prior written notice delivered from the Borrower Representative to the Administrative Agent, to terminate the Total total Revolving Commitments or from time to time to permanently reduce the amount of the Total total Revolving Commitments; provided provided, however that no (a) any such notice shall be received by the Administrative Agent not later than 1:00 p.m. (i) ten (10) Business Days prior to the date of termination or reduction shall be permitted if(ii) three (3) Business Days prior to the date of reduction, after giving effect thereto and to (b) any prepayments of the Revolving Loans and Swingline Loans to be made on the effective date thereof the amount of the Total Revolving Extensions of Credit then outstanding would exceed the Total Revolving Commitments then in effect. Any such partial reduction shall be in an aggregate amount equal to of $5,000,000, 1,000,000 or a any whole multiple of $1,000,000 100,000 in excess thereof thereof, (or if lessc) after giving effect to any reduction of the total Revolving Commitments, the total Revolving Commitments shall not be less than an amount equal to (i) the remaining outstanding Total total Revolving Extensions Exposures or (ii) the sum of Creditthe Letter of Credit Sublimit and the Swingline Loan Sublimit, (d) any termination of all Revolving Commitments shall be accompanied by a prepayment in full of all Revolving Loans and all Letter of Credit Liabilities shall be Cash Collateralized in accordance with the terms of Section 2.03(g), and (e) the Administrative Agent shall reduce permanently the Total Revolving Commitments then in effect; provided that, if not be required to release its Lien on any Collateral in connection with any termination (other than on the Termination Date) or reduction. The Administrative Agent will promptly notify the Revolving Lenders of any such notice of termination or reduction or termination of the Total Revolving Commitments a Eurodollar Loan is prepaid on any day other than the last day of the Interest Period applicable thereto, the Borrower shall also pay any amounts owing pursuant to Section 2.19Commitments. Any reduction of the Total total Revolving Commitments shall be applied to the Revolving Commitments Commitment of each Lender according to its respective Revolving PercentagePro Rata Share. All fees accrued with respect thereto until the effective date of any termination or reduction of the Total total Revolving Commitments shall be paid on the effective date of such terminationtermination or reduction. Notwithstanding the foregoing, any Any notice to reduce the Total Revolving Commitment delivered in connection with any refinancing of all termination of the Facility with total Revolving Commitments delivered by the proceeds Borrower Representative pursuant to this Section 2.06 shall be irrevocable, provided that a notice of termination of the Revolving Commitments may state that such refinancing or of any incurrence of Indebtedness or the occurrence of some other identifiable event or condition, may be, if expressly so stated to be, contingent notice is conditioned upon the consummation effectiveness of other credit facilities, in which case such refinancing or incurrence or occurrence of such identifiable event or condition and notice may be revoked by the Borrower in Representative (by notice to the event Administrative Agent at least one (1) Business Day prior to the specified effective date) if such contingency condition is not metsatisfied.

Appears in 1 contract

Samples: Engine Lease Agreement (Mesa Air Group Inc)

Termination or Reduction of Total Revolving Commitments. The Borrower shall have the right, upon not less than five three Business Days’ written notice delivered to the Administrative Agent, to terminate the Total Revolving Commitments or from time to time to reduce the amount of the Total Revolving Commitments; provided that no such termination or reduction shall be permitted if, after giving effect thereto and to any prepayments of the Revolving Loans and Swingline Loans to be made on the effective date thereof the amount of the Total Revolving Extensions of Credit then outstanding would exceed the Total Revolving Commitments then in effect. Any such reduction shall be in an amount equal to $5,000,0001,000,000, or a whole multiple of $1,000,000 in excess thereof (or if less, not less than an amount equal to the remaining outstanding Total Revolving Extensions of Credit), and shall reduce permanently the Total Revolving Commitments then in effect; provided that, if in connection with any such reduction or termination of the Total Revolving Commitments a Eurodollar Loan is prepaid on any day other than the last day of the Interest Period applicable thereto, the Borrower shall also pay any amounts owing pursuant to Section 2.192.18. Any reduction of the Total Revolving Commitments shall be applied to the Revolving Commitments of each Lender according to its respective Revolving Percentage. Any reduction of the Total Revolving Commitments shall be applied to the Revolving Commitments of each Lender according to its respective Revolving Percentage. All fees accrued until the effective date of any termination of the Total Revolving Commitments shall be paid on the effective date of such termination. Notwithstanding the foregoing, any notice to reduce the Total Revolving Commitment delivered in connection with any refinancing of all of the Facility with the proceeds of such refinancing or of any incurrence of Indebtedness or the occurrence of some other identifiable event or condition, may be, if expressly so stated to be, contingent upon the consummation of such refinancing or incurrence or occurrence of such identifiable event or condition and may be revoked by the Borrower in the event such contingency is not met.

Appears in 1 contract

Samples: Credit Agreement (ShoreTel Inc)

Termination or Reduction of Total Revolving Commitments. The Borrower shall have the right, upon not less than five Upon at least two (2) Business Days’ prior written notice delivered to the Administrative Agent, to terminate the Total Revolving Commitments Borrower may, at any time, in whole permanently terminate, or from time to time to reduce the amount of in part permanently reduce, the Total Revolving Commitments; provided that no a notice of reduction or termination of the Total Revolving Commitments delivered by the Borrower may state that such notice is conditioned upon the effectiveness of another credit facility or the closing of a securities offering or Disposition, in which case such notice may be revoked by the Borrower (by notice to the Administrative Agent on or prior to the specified effective date) if such condition is not satisfied. Each such reduction shall be in the principal amount of $5,000,000 or any integral multiple thereof. Each such reduction or termination shall (i) be applied ratably to the Revolving Commitments of each Revolving Credit Lender and (ii) be irrevocable at the effective time of any such termination or reduction. The Borrower shall pay to the Administrative Agent for application as provided herein (i) at the effective time of any such termination (but not any partial reduction), all earned and unpaid fees on account of the Total Revolving Commitments so terminated, and (ii) at the effective time of any such reduction or termination, all Breakage Costs incurred in connection therewith and any amount by which the Total Revolving Outstandings on such date exceed the amount to which the Total Revolving Commitments are to be reduced effective on such date. The Borrower shall be permitted not terminate or reduce the Total Revolving Commitments if, after giving effect thereto and to any concurrent prepayments of the Revolving Loans and Swingline Loans to be made on the effective date thereof the amount of hereunder, the Total Revolving Extensions of Credit then outstanding Outstandings would exceed the Total Revolving Commitments then in effectCommitment. Any such reduction shall be in an amount equal to $5,000,000, or a whole multiple of $1,000,000 in excess thereof (or if less, not less than an amount equal to the remaining outstanding Total Revolving Extensions of Credit), and shall reduce permanently the Total Revolving Commitments then in effect; provided that, if in connection with any such reduction or termination of the Total Revolving Commitments a Eurodollar Loan is prepaid on any day other than the last day of the Interest Period applicable thereto, the Borrower shall also pay any amounts owing pursuant to Section 2.19. Any A permanent reduction of the Total Revolving Commitments shall be applied to not require a corresponding pro rata reduction in the Revolving Commitments Letter of each Lender according to its respective Revolving Percentage. All fees accrued until Credit Sublimit or the effective date of any termination of Swingline Loan Ceiling; provided, however, that if the Total Revolving Commitments are reduced to an amount less than the Letter of Credit Sublimit and/or the Swingline Loan Ceiling, then the Letter of Credit Sublimit and/or the Swingline Loan Ceiling shall be paid on the effective date of such termination. Notwithstanding the foregoing, any notice reduced to reduce an amount equal to the Total Revolving Commitment delivered in connection with any refinancing of all of the Facility with the proceeds of such refinancing or of any incurrence of Indebtedness or the occurrence of some other identifiable event or condition, may be, if expressly so stated to be, contingent upon the consummation of such refinancing or incurrence or occurrence of such identifiable event or condition and may be revoked by the Borrower in the event such contingency is not metCommitments.

Appears in 1 contract

Samples: Credit Agreement (Radioshack Corp)

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