Common use of Voluntary Termination of Unutilized Commitments Clause in Contracts

Voluntary Termination of Unutilized Commitments. Upon at least three Business Days prior written notice to the Administrative Agent at the Notice Office (which notice the Administrative Agent shall promptly transmit to each of the Lenders), the Borrower Agent shall have the right, at any time or from time to time, without premium or penalty (but subject to payment of the fee set forth in Section 4.01(e)) to terminate the Total Unutilized Revolving Loan Commitment in whole, or reduce it in part, pursuant to this Section 4.02, in an integral multiple of $1,000,000 in the case of partial reductions to the Total Unutilized Revolving Loan Commitment; provided that (i) each such reduction shall apply proportionately to permanently reduce the Revolving Loan Commitment of each Lender and (ii) after giving effect to such termination (w) the Individual Exposure of any Lender shall not exceed the amount of its Revolving Loan Commitment at such time, (x) the aggregate amount of the Letter of Credit Outstandings shall not exceed the Maximum Letter of Credit Amount, (y) the Total Revolving Loan Commitments shall not be less than $50,000,000 and (z) the Aggregate Exposure shall not exceed the aggregate Total Revolving Loan Commitment then in effect.

Appears in 3 contracts

Samples: Credit Agreement (Pyxus International, Inc.), Abl Credit Agreement (Pyxus International, Inc.), Abl Credit Agreement (Pyxus International, Inc.)

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Voluntary Termination of Unutilized Commitments. (a) Upon at least three Business Days Days’ prior written notice to the Administrative Agent at the Notice Office (which notice the Administrative Agent shall promptly transmit to each of the Lenders), the Borrower Agent Company shall have the right, at any time or from time to time, without premium or penalty (but subject to payment of the fee set forth in Section 4.01(e)) penalty, to terminate the Total Unutilized Revolving Loan Commitment in whole, or reduce it in part, pursuant to this Section 4.024.02(a), in an amount not less than $1,000,000 and an integral multiple of $1,000,000 500,000 in the case of partial reductions to the Total Unutilized Revolving Loan Commitment; provided provided, that (i) each such reduction shall apply proportionately to permanently reduce the Revolving Loan Commitment of each Lender and (ii) after giving effect to such termination (w) the Individual Exposure of any Lender shall not exceed the amount of its Revolving Loan Commitment at such time, (xA) the aggregate amount of the Letter of Credit Outstandings shall not exceed the Maximum Letter of Credit Amount, Amount and (yB) the Total Revolving Loan Commitments shall not be less than $50,000,000 and (z) the Aggregate Exposure aggregate principal amount of Swingline Loans then outstanding shall not exceed the aggregate Total Revolving Loan Commitment then Maximum Swingline Amount. Notwithstanding anything to the contrary contained in effectthis Agreement, the Company may, subject to Section 2.11, rescind any notice of termination pursuant to this Section 4.02(a) if such termination would have resulted from a refinancing which is not consummated or is otherwise delayed.

Appears in 3 contracts

Samples: Abl Credit Agreement (J.Jill, Inc.), Schedules (J.Jill, Inc.), Abl Credit Agreement and Waiver (J.Jill, Inc.)

Voluntary Termination of Unutilized Commitments. Upon at least three Business Days Days' prior written notice (or telephonic notice confirmed in writing) to the Administrative and Collateral Agent at the its Notice Office (which notice the Administrative and Collateral Agent shall promptly transmit to each of the LendersBanks), the Borrower Agent Borrowers shall have the right, at any time or from time to time, without premium or penalty (but subject to payment of the fee set forth in Section 4.01(e)) penalty, to terminate the Total Unutilized Revolving Loan Commitment in whole, whole or reduce it in part, pursuant to this Section 4.02, in an integral multiple of $1,000,000 in the case of partial reductions to the Total Unutilized Revolving Loan Commitment; provided that (ia) each such reduction shall apply proportionately to permanently reduce the Revolving Loan Commitment of each Lender Bank and (iib) after any partial reduction pursuant to this Section 4.2 shall be in multiples of at least $1,000,000, and (c) the reduction to the Total Unutilized Revolving Loan Commitment shall in no case be in an amount which would cause the Revolving Loan Commitment of any Bank to be reduced (as required by preceding subsection (b)) by an amount which exceeds the remainder of (x) the Unutilized Revolving Loan Commitment of such Bank as in effect immediately before giving effect to such termination (w) the Individual Exposure of any Lender shall not exceed the amount of its Revolving Loan Commitment at such timereduction, (x) the aggregate amount of the Letter of Credit Outstandings shall not exceed the Maximum Letter of Credit Amount, minus (y) the Total Revolving such Bank's Loan Commitments shall not be less than $50,000,000 and (z) the Aggregate Exposure shall not exceed Percentage of the aggregate Total Revolving Loan Commitment principal amount of Swingline Loans then in effectoutstanding.

Appears in 1 contract

Samples: Credit Agreement (Apria Healthcare Group Inc)

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Voluntary Termination of Unutilized Commitments. (a) Upon at least three Business Days Days’ prior written notice to the Administrative Agent at the Notice Office (which notice the Administrative Agent shall promptly transmit to each of the Lenders), the Borrower Agent Company shall have the right, at any time or from time to time, without premium or penalty (but subject to payment of the fee set forth in Section 4.01(e)) penalty, to terminate the Total Unutilized Revolving Loan Commitment in whole, or reduce it in part, pursuant to this Section 4.024.02(a), in an amount not less than $1,000,000 and an integral multiple of $1,000,000 500,000 in the case of partial reductions to the Total Unutilized Revolving Loan Commitment; provided provided, that (i) each such reduction shall apply proportionately to permanently reduce the Revolving Loan Commitment of each Lender and (ii) after giving effect to such termination (w) the Individual Exposure of any Lender shall not exceed the amount of its Revolving Loan Commitment at such time, (xA) the aggregate amount of the Letter of Credit Outstandings shall not exceed the Maximum Letter of Credit Amount, Amount and (yB) the Total Revolving Loan Commitments shall not be less than $50,000,000 and (z) the Aggregate Exposure aggregate principal amount of Swingline Loans then outstanding shall not exceed the aggregate Total Revolving Loan Commitment then Maximum Swingline Amount. Notwithstanding anything to the contrary contained in effect.this Agreement, the Company may, subject to Section 2.11, rescind any notice of termination pursuant to this Section 4.02(a) if such termination would have resulted from a refinancing which is not consummated or is otherwise delayed

Appears in 1 contract

Samples: Credit Agreement (Jill Intermediate LLC)

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