Common use of Voluntary Commitment Reduction Clause in Contracts

Voluntary Commitment Reduction. The Borrower shall have the right any time and from time to time, without premium or penalty, upon three (3) Business Days’ prior written, irrevocable notice to the Administrative Agent to permanently reduce, in whole multiples of $5,000,000, or terminate the Revolving Credit Commitments; provided that any such reduction or termination shall be accompanied by (a) the payment in full of any Commitment Fee then accrued on the amount of such reduction or termination and (b) the prepayment of the Revolving Credit Loans, together with the full amount of interest accrued on the principal sum to be prepaid (and all amounts referred to in Section 5.9 [Indemnity] hereof), to the extent that the Revolving Facility Usage exceeds the Revolving Credit Commitment as so reduced or terminated; and provided further that the Revolving Credit Commitments may not be reduced below the Revolving Facility Usage. Each reduction of Revolving Credit Commitments shall ratably reduce the Revolving Credit Commitments of the Lenders, except as otherwise provided in an Additional Credit Extension Amendment as permitted in the definition of “Class.” From the effective date of any such reduction or termination, the obligations of the Borrower to pay the Commitment Fee pursuant to Section 2.3 [Commitment Fees] shall correspondingly be reduced or cease.

Appears in 4 contracts

Samples: Credit Agreement, Credit Agreement (CNX Coal Resources LP), Credit Agreement (CNX Coal Resources LP)

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Voluntary Commitment Reduction. The Borrower shall have the right any time and from time to time, without premium or penalty, upon three (3) Business Days’ prior written, irrevocable notice to the Administrative Agent to permanently reduce, in whole multiples of $5,000,000, or terminate the Revolving Credit Commitments; provided that any such reduction or termination shall be accompanied by (a) the payment in full of any Commitment Fee then accrued on the amount of such reduction or termination and (b) the prepayment of the Revolving Credit Loans, together with the full amount of interest accrued on the principal sum to be prepaid (and all amounts referred to in Section 5.9 [Indemnity] hereof), to the extent that the Revolving Facility Usage exceeds the Revolving Credit Commitment as so reduced or terminated; and provided further that the Revolving Credit Commitments may not be reduced below the Revolving Facility Usage. Each reduction of Revolving Credit Commitments shall ratably reduce the Revolving Credit Commitments of the Lenders, except as otherwise provided in an Additional Credit Extension Amendment as permitted in the definition of “Class.” . From the effective date of any such reduction or termination, the obligations of the Borrower to pay the Commitment Fee pursuant to Section 2.3 [Commitment Fees] shall correspondingly be reduced or cease.

Appears in 2 contracts

Samples: Credit Agreement (CONSOL Energy Inc), Credit Agreement (CONSOL Energy Inc)

Voluntary Commitment Reduction. The Borrower shall have the right any time and from time to time, without premium or penalty, time upon three (3) Business Days’ prior written, irrevocable notice to the Administrative Agent to permanently reduce, in whole multiples of $5,000,0005,000,000 of principal, or terminate the Revolving Credit Commitments; Commitments provided that any such reduction or termination shall be accompanied by (a) the payment in full of any Commitment Fee then accrued on the amount of such reduction or termination and (b) the prepayment prepaying of the Revolving Credit LoansNotes, together with the full amount of interest accrued on the principal sum to be prepaid (and all amounts referred to in Section 5.9 [Indemnity] hereof), to the extent that the Revolving Facility Usage aggregate amount thereof then outstanding exceeds the Revolving Credit Commitment as so reduced or terminated; , and provided further that the Revolving Credit Commitments may not be reduced below the Revolving Facility UsageExposures. Each reduction of Revolving Credit Commitments shall pro-ratably reduce the Revolving Credit Commitments of the Lenders, except as otherwise provided in an Additional Credit Extension Amendment as permitted in the definition of “Class.” . From the effective date of any such reduction or termination, termination the obligations of the Borrower to pay the Commitment Fee pursuant to Section 2.3 [Commitment Fees] shall correspondingly be reduced or cease.

Appears in 1 contract

Samples: Credit Agreement (CNX Gas Corp)

Voluntary Commitment Reduction. The Borrower shall have the right any time and from time to time, without premium or penalty, upon three (3) Business Days’ prior written, irrevocable notice to the Administrative Agent to permanently reduce, in whole multiples of $5,000,0005,000,000 of principal, or terminate the Revolving Credit Commitments; provided that any such reduction or termination shall be accompanied by (a) the payment in full of any Commitment Fee then accrued on the amount of such reduction or termination and (b) the prepayment of the Revolving Credit Loans, together with the full amount of interest accrued on the principal sum to be prepaid (and all amounts referred to in Section 5.9 5.10 [Indemnity] hereof), to the extent that the Revolving Facility Usage exceeds the Revolving Credit Commitment as so reduced or terminated; , and provided further that the Revolving Credit Commitments may not be reduced below the Revolving Facility Usage. Each reduction of Revolving Credit Commitments shall pro-ratably reduce the Revolving Credit Commitments of the Lenders, except as otherwise provided in an Additional Credit Extension Amendment as permitted in the definition of “Class.” . From the effective date of any such reduction or termination, termination the obligations of the Borrower to pay the Commitment Fee pursuant to Section 2.3 [Commitment Fees] shall correspondingly be reduced or cease.

Appears in 1 contract

Samples: Joinder and Assumption Agreement (CONSOL Energy Inc)

Voluntary Commitment Reduction. The Borrower shall have the right any time and from time to time, without Without premium or penalty, and upon three (3) giving not less than five Business Days’ Days prior written, written and irrevocable notice to the Administrative Agent to permanently reduceAgent, Borrower may terminate in whole multiples or in part the unused portion of the Revolver Commitment, the Swing Line Commitment, or the commitment under the LC Subfacility; provided that: (i) each partial termination of the Revolver Commitment shall be in an amount of not less than $10,000,000 or a greater integral multiple of $5,000,000, 1,000,000; each partial termination of the Swing Line Commitment or terminate the Revolving Credit Commitments; provided that any such reduction or termination commitment under the LC Subfacility shall be accompanied by in an amount of not less than $2,500,000 or a greater integral multiple of $500,000; and (aii) the payment in full on any date of any Commitment Fee then accrued on determination, the amount of such reduction or termination and (b) the prepayment of the Revolving Credit Loans, together with the full amount of interest accrued on the principal sum to be prepaid (and all amounts referred to in Section 5.9 [Indemnity] hereof), to the extent that the Revolving Facility Usage exceeds the Revolving Credit Revolver Commitment as so reduced or terminated; and provided further that the Revolving Credit Commitments may not be reduced below the Revolving Facility Revolver Commitment Usage, the Swing Line Commitment may not be reduced below the Swing Line Principal Debt, and the commitment under the LC Subfacility shall not be reduced below the LC Exposure. Each reduction At the time of Revolving Credit Commitments any commitment termination under this SECTION 2.5, Borrower shall ratably reduce pay to Administrative Agent, for the Revolving Credit Commitments account of each Lender, any amounts that may then be due under SECTION 3.3(b), all accrued and unpaid fees then due and payable under this Agreement, the interest attributable to the amount of that reduction, and any related Consequential Loss. Any part of the Lenders, except as otherwise provided in an Additional Credit Extension Amendment as permitted in the definition of “Class.” From the effective date of any such reduction or terminationRevolver Commitment, the obligations of Swing Line Commitment, or the Borrower to pay commitment under the Commitment Fee pursuant to Section 2.3 [Commitment Fees] shall correspondingly LC Subfacility that is terminated may not be reduced or ceasereinstated.

Appears in 1 contract

Samples: Revolving Credit Agreement (Pier 1 Imports Inc/De)

Voluntary Commitment Reduction. The Borrower shall have the right any time and from time to time, without Without premium or penalty, and upon giving not less than three (3) Business Days’ Days prior written, written and irrevocable notice to the Administrative Agent to permanently reduceAgent, Borrower may terminate in whole multiples or in part the unused portion of $5,000,000the Revolver Commitment, the Telecommunications Commitment, or terminate the Revolving Credit CommitmentsMaximum Receivables Commitment (to the extent available hereunder); provided that any such reduction or that: (i) each partial termination shall be accompanied by in an amount of not less than $5,000,000 or a greater integral multiple of $1,000,000; (aii) the payment in full on any date of any Commitment Fee then accrued on determination, the amount of such reduction or termination and (b) the prepayment of the Revolving Credit Loans, together with the full amount of interest accrued on the principal sum to be prepaid (and all amounts referred to in Section 5.9 [Indemnity] hereof), to the extent that the Revolving Facility Usage exceeds the Revolving Credit Revolver Commitment as so reduced or terminated; and provided further that the Revolving Credit Commitments may not be reduced below the Revolving Facility Usage. Each Revolver Principal Debt, the Telecommunications Commitment may not be reduced below the Telecommunications Principal Debt, and the Maximum Receivables Commitment (to the extent available hereunder) may not be reduced below the Receivables Principal Debt; and (iii) each reduction of Revolving Credit Commitments the commitments under any Facility pursuant to this SECTION 2.4 shall ratably reduce be allocated among the Revolving Credit Commitments Lenders under such Facility in accordance with their respective Commitment Percentages under such Facility. Promptly after receipt of such notice of termination or reduction, Administrative Agent shall notify each affected Lender of the Lenders, except as otherwise provided in an Additional Credit Extension Amendment as permitted in the definition of “Class.” From the effective date proposed cancellation or reduction. Such termination or partial reduction of any commitment under a Facility shall be effective on the Business Day specified in Borrower's notice (which date must be at least five Business Days after Borrower's delivery of such reduction or terminationnotice). In the event that the Total Commitment is reduced to zero at a time when there shall be no Principal Debt, this Agreement shall be terminated to the obligations extent specified in SECTION 13.14, and all commitment fees and other fees then earned and unpaid hereunder and all other amounts of the Borrower to pay the Commitment Fee pursuant to Section 2.3 [Commitment Fees] Obligation then due and owing shall correspondingly be reduced immediately due and payable, without notice or ceasedemand by Administrative Agent or any Lender.

Appears in 1 contract

Samples: Revolving Credit Agreement (Intermedia Communications Inc)

Voluntary Commitment Reduction. The Borrower shall have the right any time and from time to time, without premium or penalty, time upon three (3) Business Days’ prior written, irrevocable notice to the Administrative Paying Agent to permanently reduce, in whole multiples of $5,000,0005,000,000 of principal, or terminate the Revolving Credit Commitments; Commitments provided that any such reduction or termination shall be accompanied by (a) the payment in full of any Commitment Fee then accrued on the amount of such reduction or termination and (b) the prepayment prepaying of the Revolving Credit LoansNotes, together with the full amount of interest accrued on the principal sum to be prepaid (and all amounts referred to in Section 5.9 5.5 [IndemnityAdditional Compensation in Certain Circumstances] hereof), to the extent that the Revolving Facility Usage aggregate amount thereof then outstanding exceeds the Revolving Credit Commitment as so reduced or terminated; , and provided further that the Revolving Credit Commitments may not be reduced below the Revolving Facility UsageExposures. Each reduction of Revolving Credit Commitments shall pro-ratably reduce the Revolving Credit Commitments of the Lenders, except as otherwise provided in an Additional Credit Extension Amendment as permitted in the definition of “Class.” . From the effective date of any such reduction or termination, termination the obligations of the Borrower to pay the Commitment Fee pursuant to Section 2.3 [Commitment Fees] shall correspondingly be reduced or cease.

Appears in 1 contract

Samples: Credit Agreement (Consol Energy Inc)

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Voluntary Commitment Reduction. The Borrower shall have the right any time and from time to time, without premium or penalty, time upon three (3) Business Days’ prior written, irrevocable notice to the Administrative Paying Agent to permanently reduce, in whole multiples of $5,000,0005,000,000 of principal, or terminate the Revolving Credit Commitments; Commitments provided that any such reduction or termination shall be accompanied by (a) the payment in full of any Commitment Fee then accrued on the amount of such reduction or termination and (b) the prepayment prepaying of the Revolving Credit LoansNotes, together with the full amount of interest accrued on the principal sum to be prepaid (and all amounts referred to in Section 5.9 5.5 [IndemnityAdditional Compensation in Certain Circumstances] hereof), to the extent that the Revolving Facility Usage aggregate amount thereof then outstanding exceeds the Revolving Credit Commitment as so reduced or terminated; , and provided further that the Revolving Credit Commitments may not be reduced below the Revolving Facility UsageExposures. Each reduction of Revolving Credit Commitments shall ratably proratably reduce the Revolving Credit Commitments of the Lenders, except as otherwise provided in an Additional Credit Extension Amendment as permitted in the definition of “Class.” . From the effective date of any such reduction or termination, termination the obligations of the Borrower to pay the Commitment Fee pursuant to Section 2.3 [Commitment Fees] shall correspondingly be reduced or cease.

Appears in 1 contract

Samples: Security Agreement (Consol Energy Inc)

Voluntary Commitment Reduction. The Borrower shall have the right any time and from time to time, without premium or penalty, upon three (3) Business Days’ prior written, irrevocable notice to the Administrative Agent to permanently reduce, in whole multiples of $5,000,0005,000,000 of principal, or terminate the Revolving Credit Commitments; provided that any such reduction or termination shall be accompanied by (a) the payment in full of any Commitment Fee then accrued on the amount of such reduction or termination and (b) the prepayment of the Revolving Credit Loans, together with the full amount of interest accrued on the principal sum to be prepaid (and all amounts referred to in Section 5.9 [Indemnity] hereof), to the extent that the Revolving Facility Usage exceeds the Revolving Credit Commitment as so reduced or terminated; , and provided further that the Revolving Credit Commitments may not be reduced below the Revolving Facility Usage. Each reduction of Revolving Credit Commitments shall pro-ratably reduce the Revolving Credit Commitments of the Lenders, except as otherwise provided in an Additional Credit Extension Amendment as permitted in the definition of “Class.” . From the effective date of any such reduction or termination, termination the obligations of the Borrower to pay the Commitment Fee pursuant to Section 2.3 [Commitment Fees] shall correspondingly be reduced or cease.

Appears in 1 contract

Samples: Joinder and Assumption Agreement (CONSOL Energy Inc)

Voluntary Commitment Reduction. The Borrower shall have the right any time and from time to time, without premium or penalty, time upon three (3) Business Days' prior written, irrevocable notice to the Administrative Paying Agent to permanently reduce, in whole multiples of $5,000,0005,000,000 of principal, or terminate the Revolving Credit Commitments; Commitments provided that any such reduction or termination shall be accompanied by (a) the payment in full of any Commitment Fee then accrued on the amount of such reduction or termination and (b) the prepayment prepaying of the Revolving Credit LoansNotes, together with the full amount of interest accrued on the principal sum to be prepaid (and all amounts referred to in Section 5.9 5.5 [IndemnityAdditional Compensation in Certain Circumstances] hereof), to the extent that the Revolving Facility Usage aggregate amount thereof then outstanding exceeds the Revolving Credit Commitment as so reduced or terminated; , and provided further that the Revolving Credit Commitments may not be reduced below the Revolving Facility UsageExposures. Each reduction of Revolving Credit Commitments shall pro-ratably reduce the Revolving Credit Commitments of the Lenders, except as otherwise provided in an Additional Credit Extension Amendment as permitted in the definition of “Class.” . From the effective date of any such reduction or termination, termination the obligations of the Borrower to pay the Commitment Fee pursuant to Section 2.3 [Commitment Fees] shall correspondingly be reduced or cease.

Appears in 1 contract

Samples: Credit Agreement (Consol Energy Inc)

Voluntary Commitment Reduction. The Borrower shall have the right any time and from time to time, without premium or penalty, time upon three (3) Business Days’ prior written, irrevocable notice to the Administrative Agent to permanently reduce, in whole multiples of $5,000,0005,000,000 of principal, or terminate the Revolving Credit Commitments; Commitments provided that any such reduction or termination shall be accompanied by (a) the payment in full of any Commitment Fee then accrued on the amount of such reduction or termination and (b) the prepayment prepaying of the Revolving Credit LoansNotes, together with the full amount of interest accrued on the principal sum to be prepaid (and all amounts referred to in Section 5.9 5.10 [Indemnity] hereof), to the extent that the Revolving Facility Usage aggregate amount thereof then outstanding exceeds the Revolving Credit Commitment as so reduced or terminated; , and provided further that the Revolving Credit Commitments may not be reduced below the Revolving Facility Usage. Each reduction of Revolving Credit Commitments shall pro-ratably reduce the Revolving Credit Commitments of the Lenders, except as otherwise provided in an Additional Credit Extension Amendment as permitted in the definition of “Class.” . From the effective date of any such reduction or termination, termination the obligations of the Borrower to pay the Commitment Fee pursuant to Section 2.3 [Commitment Fees] shall correspondingly be reduced or cease.

Appears in 1 contract

Samples: Credit Agreement (CONSOL Energy Inc)

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