Common use of Voluntary Reductions of the Commitment Clause in Contracts

Voluntary Reductions of the Commitment. The Borrower shall have the right to terminate or reduce the aggregate unused amount of the Commitments (for which purpose use of the Commitments shall be deemed to include the outstanding principal amount of the Revolving Loans, the aggregate amount of Letter of Credit Liabilities and the aggregate principal amount of all outstanding Swingline Loans, in each case after giving effect to any concurrent prepayment of Loans) at any time and from time to time without penalty or premium upon not less than five (5) Business Days prior written notice to the Agent of each such termination or reduction, which notice shall specify the effective date thereof and the amount of any such reduction (in accordance with Section 3.5) and shall be irrevocable once given and effective only upon receipt by the Agent; provided that a notice of termination of the Commitments delivered by the Borrower may state that such notice is conditioned upon the effectiveness of other credit facilities, in which case such notice may be revoked by the Borrower (by notice to the Agent on or prior to the specified effective date) if such condition is not satisfied. The Agent will promptly transmit such notice to each Lender. The Commitments may not be reduced below $50,000,000 in the aggregate unless the Borrower terminates the Commitments in their entirety, and, once terminated or reduced, the Commitments may not be increased or reinstated.

Appears in 3 contracts

Samples: Credit Agreement (Columbia Property Trust, Inc.), Credit Agreement (Columbia Property Trust, Inc.), Credit Agreement (Wells Real Estate Investment Trust Ii Inc)

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Voluntary Reductions of the Commitment. The Borrower shall have the right to terminate or reduce the aggregate unused amount of the Commitments (for which purpose use of the Commitments shall be deemed to include the outstanding principal amount of the Revolving Loans, the aggregate amount of all Letter of Credit Liabilities and the aggregate principal amount of all outstanding Swingline Loans, in each case after giving effect to any concurrent prepayment of LoansLiabilities) at any time and from time to time without penalty or premium upon not less than five (5) Business Days prior written notice to the Administrative Agent of each such termination or reduction, which notice shall specify the effective date thereof and the amount of any such reduction (which in accordance with Section 3.5the case of any partial reduction of the Commitments shall not be less than $10,000,000 and integral multiples of $1,000,000 in excess of that amount in the aggregate) and shall be irrevocable once given and effective only upon receipt by the AgentAdministrative Agent (“Commitment Reduction Notice”); provided that a notice of termination provided, however, the Borrower may not reduce the aggregate amount of the Commitments delivered by the Borrower may state that such notice is conditioned upon the effectiveness of other credit facilities, in which case such notice may be revoked by the Borrower (by notice to the Agent on or prior to the specified effective date) if such condition is not satisfied. The Agent will promptly transmit such notice to each Lender. The Commitments may not be reduced below $50,000,000 in the aggregate unless the Borrower terminates is terminating the Commitments in their entirety, andfull. Promptly after receipt of a Commitment Reduction Notice the Administrative Agent shall notify each Lender of the proposed termination or Commitment reduction. The Commitments, once reduced or terminated or reducedpursuant to this Section, the Commitments may not be increased or reinstated. The Borrower shall pay all interest and fees on the Loans accrued to the date of such reduction or termination of the Commitments to the Administrative Agent for the account of the Lenders, including but not limited to any applicable compensation due to each Lender in accordance with Section 5.4.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Ps Business Parks Inc/Ca), Revolving Credit Agreement (Ps Business Parks Inc/Ca)

Voluntary Reductions of the Commitment. The Borrower shall have the right to terminate or reduce the aggregate unused amount of the Commitments of either tranche (for which purpose use of the Commitments shall be deemed to include the outstanding principal amount of the Revolving Loans, the aggregate amount of Letter of Credit Liabilities and the aggregate principal amount of all outstanding Swingline Loans, in each case after giving effect allocated to any concurrent prepayment of Loanssuch tranche) at any time and from time to time without penalty or premium upon not less than five (5) 5 Business Days Days’ prior written notice to the Agent of each such termination or reduction, which notice shall specify the effective date thereof and the amount of any such reduction (in accordance with Section 3.5) and shall (other than in connection with a termination of all Commitments relating to the anticipated closing of a refinancing) be irrevocable once given and effective only upon receipt by the Agent; provided that provided, however, the Borrower shall compensate the Lenders (in accordance with Section 5.4.) for any losses attributable to a notice permitted revocation of termination such notice; and provided, further, if the Borrower seeks to reduce the aggregate amount of all Commitments below $50,000,000, then the Commitments delivered by the Borrower may state that such notice is conditioned upon the effectiveness of other credit facilities, in which case such notice may shall all automatically and permanently be revoked by the Borrower (by notice reduced to the Agent on or prior to the specified effective date) if such condition is not satisfiedzero. The Agent will promptly transmit such notice to each Lender. The Commitments may not be reduced below $50,000,000 in the aggregate unless the Borrower terminates the Commitments in their entirety, andCommitments, once terminated or reduced, the Commitments may not be increased or reinstated.

Appears in 2 contracts

Samples: Security Agreement (Morgans Hotel Group Co.), Credit Agreement; And Waiver Agreement (Morgans Hotel Group Co.)

Voluntary Reductions of the Commitment. The Borrower shall have the right to terminate or reduce the aggregate unused amount of the Commitments (for which purpose use of the Commitments shall be deemed to include the outstanding principal amount of the Revolving Loans, the aggregate amount of all Letter of Credit Liabilities and the aggregate principal amount of all outstanding Swingline Loans, in each case after giving effect to any concurrent prepayment of Loans and Bid Rate Loans) at any time and from time to time without penalty or premium upon not less than five three (53) Business Days prior written notice to the Administrative Agent of each such termination or reduction, which notice shall specify the effective date thereof and the amount of any such reduction (which in accordance with Section 3.5the case of any partial reduction of the Commitments shall not be less than $10,000,000 and integral multiples of $5,000,000 in excess of that amount in the aggregate) and shall be irrevocable once given and effective only upon receipt by the AgentAdministrative Agent (“Commitment Reduction Notice”); provided that a notice of termination provided, however, the Borrower may not reduce the aggregate amount of the Commitments delivered by the Borrower may state that such notice is conditioned upon the effectiveness of other credit facilities, in which case such notice may be revoked by the Borrower (by notice to the Agent on or prior to the specified effective date) if such condition is not satisfied. The Agent will promptly transmit such notice to each Lender. The Commitments may not be reduced below $50,000,000 in the aggregate 100,000,000 unless the Borrower terminates is terminating the Commitments in their entirety, andfull. Promptly after receipt of a Commitment Reduction Notice the Administrative Agent shall notify each Lender of the proposed termination or Commitment reduction. The Commitments, once terminated or reducedreduced pursuant to this Section, the Commitments may not be increased or reinstated.

Appears in 1 contract

Samples: Credit Agreement (Post Apartment Homes Lp)

Voluntary Reductions of the Commitment. The Borrower shall have the right to may terminate or reduce the aggregate unused amount of the Commitments (for which purpose use of the Commitments shall be deemed to include the outstanding principal amount of the Revolving Loans, the aggregate amount of Letter of Credit Liabilities and the aggregate principal amount of all outstanding Swingline Loans, in each case after giving effect to any concurrent prepayment of Loans) at any time and from time to time without penalty or premium upon not less than five (5) Business Days prior written notice to the Agent of each such termination or reduction, which notice shall specify the effective date thereof and the amount of any such reduction (in accordance with Section 3.5) and shall be irrevocable once given and effective only upon receipt by the AgentAgent (“Prepayment Notice”); provided that provided, however, the Borrower may not reduce the aggregate amount of the Commitments below $100,000,000 unless the Borrower is terminating the Commitments in full. Promptly after receipt of a notice Prepayment Notice the Agent shall notify each Lender by telecopy, or other similar form of transmission of the proposed termination or Commitment reduction. The Commitments, once reduced pursuant to this Section, may not be increased. The Borrower shall pay all interest and fees, on the Loans accrued to the date of such reduction or termination of the Commitments delivered by the Borrower may state that such notice is conditioned upon the effectiveness of other credit facilities, in which case such notice may be revoked by the Borrower (by notice to the Agent on or prior for the account of the Lenders, including but not limited to the specified effective date) if such condition is not satisfied. The Agent will promptly transmit such notice any applicable compensation due to each LenderLender in accordance with Section 5.4. The Commitments may not be reduced below $50,000,000 in the aggregate unless the Borrower terminates the Commitments in their entirety, and, once terminated or reduced, the Commitments may not be increased or reinstatedof this Agreement.

Appears in 1 contract

Samples: Credit Agreement (CRT Properties Inc)

Voluntary Reductions of the Commitment. The Borrower shall have the right to terminate or reduce the aggregate unused amount of the Commitments (for which purpose use of the Commitments shall be deemed to include the outstanding principal amount of the Revolving Loans, the aggregate amount of all Letter of Credit Liabilities and the aggregate principal amount of all outstanding Swingline Loans, in each case after giving effect to any concurrent prepayment of Loans) at any time and from time to time without penalty or premium upon not less than five (5) 5 Business Days prior written notice to the Administrative Agent of each such termination or reduction, which notice shall specify the effective date thereof and the amount of any such reduction (which in accordance with Section 3.5the case of any partial reduction of the Commitments shall not be less that $10,000,000 and integral multiples of $5,000,000 in excess of that amount in the aggregate) and shall be irrevocable once given and effective only upon receipt by the AgentAdministrative Agent (“Commitment Reduction Notice”); provided that a notice of termination provided, however, the Borrower may not reduce the aggregate amount of the Commitments delivered by the Borrower may state that such notice is conditioned upon the effectiveness of other credit facilities, in which case such notice may be revoked by the Borrower (by notice to the Agent on or prior to the specified effective date) if such condition is not satisfied. The Agent will promptly transmit such notice to each Lender. The Commitments may not be reduced below $50,000,000 in the aggregate 100,000,000 unless the Borrower terminates is terminating the Commitments in their entirety, andfull. Promptly after receipt of a Commitment Reduction Notice the Administrative Agent shall notify each Lender of the proposed termination or Commitment reduction. The Commitments, once reduced or terminated or reducedpursuant to this Section, the Commitments may not be increased or reinstated.

Appears in 1 contract

Samples: Credit Agreement (Equity Lifestyle Properties Inc)

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Voluntary Reductions of the Commitment. The Borrower Borrowers shall have the right to terminate or reduce the aggregate unused amount of the Commitments (for which purpose use of the Commitments shall be deemed to include the outstanding principal amount of the Revolving Loans, the aggregate amount of Letter of Credit Liabilities and the aggregate principal amount of all outstanding Swingline Loans, in each case after giving effect to any concurrent prepayment of LoansLiabilities) at any time and from time to time without penalty or premium upon not less than five (5) Business Days Days’ prior written notice to the Agent of each such termination or reduction, which notice shall specify the effective date thereof and the amount of any such reduction (in accordance with Section 3.5) and shall (other than in connection with a termination of all Commitments relating to the anticipated closing of a refinancing or other transaction, the proceeds of which are to be applied to repay amounts owing hereunder) be irrevocable once given and effective only upon receipt by the Agent; provided that provided, however, the Borrowers shall compensate the Lenders (in accordance with Section 5.4.) for any losses attributable to a notice permitted revocation of termination such notice; and provided, further, if the Borrowers seek to reduce the aggregate amount of all Commitments below $25,000,000, then the Commitments delivered by the Borrower may state that such notice is conditioned upon the effectiveness of other credit facilities, in which case such notice may shall all automatically and permanently be revoked by the Borrower (by notice reduced to the Agent on or prior to the specified effective date) if such condition is not satisfiedzero. The Agent will promptly transmit such notice to each Lender. The Commitments may not be reduced below $50,000,000 in the aggregate unless the Borrower terminates the Commitments in their entirety, andCommitments, once terminated or reduced, the Commitments may not be increased or reinstatedreinstated (other than pursuant to Section 2.12.).

Appears in 1 contract

Samples: Security Agreement (Morgans Hotel Group Co.)

Voluntary Reductions of the Commitment. The Borrower shall have the right to terminate or reduce the aggregate unused amount of the Commitments (for which purpose use of the Commitments shall be deemed to include the outstanding principal amount of the Revolving Loans, the aggregate amount of Letter of Credit Liabilities and the aggregate principal amount of all outstanding Swingline Loans, in each case after giving effect to any concurrent prepayment of Loans) at any time and from time to time without penalty or premium upon not less than five (5) 5 Business Days prior written notice to the Agent of each such termination or reduction, which notice shall specify the effective date thereof and the amount of any such reduction (in accordance with Section 3.5) and shall be irrevocable once given and effective only upon receipt by the Agent; provided provided, however, that a notice of termination if the Borrower seeks to reduce the aggregate amount of the Commitments delivered by the Borrower may state that such notice is conditioned upon the effectiveness of other credit facilitiesbelow $60,000,000, in which case such notice may be revoked by the Borrower (by notice to then, unless the Agent on or prior and all Lenders have otherwise previously agreed in writing, the Commitments shall be reduced to zero and, except as otherwise provided herein, the specified effective date) if such condition is not satisfiedprovisions of this Agreement shall terminate. The Agent will promptly transmit such notice to each Lender. The Commitments may not be reduced below $50,000,000 in the aggregate unless the Borrower terminates the Commitments in their entirety, andCommitments, once terminated or reduced, the Commitments reduced may not be increased or reinstated. Any reduction in the aggregate amount of the Commitments shall result in a proportionate reduction (rounded to the next lowest integral multiple of $100,000) in the Swingline Commitment and in the L/C Commitment Amount.

Appears in 1 contract

Samples: Credit Agreement (Keystone Property Trust)

Voluntary Reductions of the Commitment. The Borrower shall have the right to may terminate or reduce the aggregate unused amount of the Commitments (for which purpose use of the Commitments shall be deemed to include the outstanding principal amount of the Revolving Loans, the aggregate amount of Letter of Credit Liabilities and the aggregate principal amount of all outstanding Swingline Loans, in each case after giving effect to any concurrent prepayment of Loans) at any time and from time to time without penalty or premium upon not less than five (5) Business Days prior written notice to the Agent of each such termination or reduction, which notice shall specify the effective date thereof and the amount of any such reduction (in accordance with Section 3.5) and shall be irrevocable once given and effective only upon receipt by the AgentAgent (“Prepayment Notice”); provided that provided, however, the Borrower may not reduce the aggregate amount of the Commitments below $18,750,000 unless the Borrower is terminating the Commitments in full. Promptly after receipt of a notice Prepayment Notice the Agent shall notify each Lender by telecopy, or other similar form of transmission of the proposed termination or Commitment reduction. The Commitments, once reduced pursuant to this Section, may not be increased except under Section 2.17. The Borrower shall pay all interest and fees, on the Loans accrued to the date of such reduction or termination of the Commitments delivered by the Borrower may state that such notice is conditioned upon the effectiveness of other credit facilities, in which case such notice may be revoked by the Borrower (by notice to the Agent on or prior for the account of the Lenders, including but not limited to the specified effective date) if such condition is not satisfied. The Agent will promptly transmit such notice any applicable compensation due to each LenderLender in accordance with Section 5.4. The Commitments may not be reduced below $50,000,000 in the aggregate unless the Borrower terminates the Commitments in their entirety, and, once terminated or reduced, the Commitments may not be increased or reinstatedof this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Washington Real Estate Investment Trust)

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