Common use of Voluntary Termination of Unutilized Revolving Loan Commitments Clause in Contracts

Voluntary Termination of Unutilized Revolving Loan Commitments. (a)Upon at least one Business Day 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 U.S. Borrower shall have the right, at any time or from time to time, without premium or penalty to terminate the Total Unutilized Revolving Loan Commitment in whole, or reduce it in part, pursuant to this Section 4.02(a), in an integral multiple of $500,000 in the case of partial reductions to the Total Unutilized Revolving Loan Commitment, with the amount of each reduction pursuant to this Section 4.02(a) to apply to reduce the Total Canadian Borrower Revolving Loan Commitment or the Total U.S. Borrower Revolving Loan Commitment, as specified by the U.S. Borrower, provided that no such reduction shall be permitted to be made pursuant to this Section 4.02(a) if the effect thereof is to cause either (x) the Aggregate Canadian Borrower RL Exposure to exceed the Total Canadian Borrower Revolving Loan Commitment after giving effect to the reduction thereto pursuant to this Section 4.02(a) or (y) the Aggregate U.S. RL Exposure to exceed the Total U.S. Borrower Revolving Loan Commitment after giving effect to the reduction thereto pursuant to this Section 4.02(a). Each reduction to (x) the Total Canadian Borrower Revolving Loan Commitment pursuant to this Section

Appears in 2 contracts

Samples: Credit Agreement (Bway Parent Company, Inc.), Credit Agreement (Phoenix Container, Inc.)

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Voluntary Termination of Unutilized Revolving Loan Commitments. (a)Upon a) Upon at least one Business Day prior written notice to the Administrative Agent at the Notice Office (which notice the Administrative Agent shall promptly transmit to each of the Revolving Lenders), the U.S. Borrower shall have the right, at any time or from time to time, without premium or penalty to terminate the Total Unutilized Revolving Loan Commitment in whole, or reduce it in part, pursuant to this Section 4.02(a), in an integral multiple of $500,000 in the case of partial reductions to the Total Unutilized Revolving Loan Commitment, with the amount of each reduction pursuant to this Section 4.02(a) to apply to reduce the Total Canadian Borrower Revolving Loan Commitment or the Total U.S. Borrower Revolving Loan Commitment, as specified by the U.S. Borrower, provided that no such reduction shall be permitted to be made pursuant to this Section 4.02(a) if the effect thereof is to cause either (x) the Aggregate Canadian Borrower RL Exposure to exceed the Total Canadian Borrower Revolving Loan Commitment after giving effect to the reduction thereto pursuant to this Section 4.02(a) or (y) the Aggregate U.S. RL Exposure to exceed the Total U.S. Borrower Revolving Loan Commitment after giving effect to the reduction thereto pursuant to this Section 4.02(a). Each reduction to (x) the Total Canadian Borrower Revolving Loan Commitment pursuant to this SectionSection 4.02(a) shall apply to proportionately and permanently reduce the Revolving Loan Commitment of each Lender (based on its respective RL Percentages). Notwithstanding anything to the contrary contained in this Agreement, the Borrower may rescind any notice of commitment reduction under Section 4.02(a) if such prepayment would have resulted in a refinancing of all of the Loans and Commitments, which refinancing shall not be consummated or shall otherwise be delayed.

Appears in 2 contracts

Samples: Credit Agreement, Credit Agreement (OCI Partners LP)

Voluntary Termination of Unutilized Revolving Loan Commitments. (a)Upon a) Upon at least one Business Day 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 U.S. Borrower shall have the right, at any time or from time to time, without premium or penalty to terminate the Total Unutilized Revolving Loan Commitment in whole, or reduce it in part, pursuant to this Section 4.02(a), in an integral multiple of $500,000 in the case of partial reductions to the Total Unutilized Revolving Loan Commitment, with the amount of each reduction pursuant to this Section 4.02(a) to apply to reduce the Total Canadian Borrower Revolving Loan Commitment or the Total U.S. Borrower Revolving Loan Commitment, as specified by the U.S. Borrower, provided that no such reduction shall be permitted to be made pursuant to this Section 4.02(a) if the effect thereof is to cause either (x) the Aggregate Canadian Borrower RL Exposure to exceed the Total Canadian Borrower Revolving Loan Commitment after giving effect to the reduction thereto pursuant to this Section 4.02(a) or (y) the Aggregate U.S. RL Exposure to exceed the Total U.S. Borrower Revolving Loan Commitment after giving effect to the reduction thereto pursuant to this Section 4.02(a). Each reduction to (x) the Total Canadian Borrower Revolving Loan Commitment pursuant to this SectionSection 4.02(a) shall apply to proportionately and permanently reduce the Revolving Loan Commitment of each Lender (based on its respective RL Percentages). Notwithstanding anything to the contrary contained in this Agreement, the Borrower may rescind any notice of commitment reduction under Section 4.02(a) if such prepayment would have resulted in a refinancing of all of the Loans and Commitments, which refinancing shall not be consummated or shall otherwise be delayed.

Appears in 2 contracts

Samples: Patent Security Agreement, Security Agreement (OCI Partners LP)

Voluntary Termination of Unutilized Revolving Loan Commitments. On three (a)Upon at least one 3) Business Day prior Days’ written notice to the Administrative Agent at the Notice Office on or prior to 12:00 noon (which notice the Administrative Agent shall promptly transmit to each of the Lenders), the U.S. Borrower shall have the right, at any time or from time to time, without premium or penalty penalty, to terminate the Total Unutilized Revolving Loan Commitment in whole, or reduce it in part, pursuant to this Section 4.02(a)4.02, in an integral multiple of $500,000 5,000,000 in the case of partial reductions to the Total Unutilized Revolving Loan Commitment; provided that a notice of termination under this Section 4.02 may state that such notice is conditional upon the effectiveness of the receipt of proceeds from the issuance of other Indebtedness or Capital Stock or consummation of an asset sale or the occurrence of other events in which case such notice of termination may be rescinded by the Borrower (by notice to the Administrative Agent on or prior to the specified date of termination) if such condition is not satisfied; provided further that (i) in the event there is more than one Class of Revolving Loan Commitments then outstanding, with such reductions shall be applied to such Class or Classes of Revolving Loan Commitments as shall be designated by the amount Borrower (subject to, and in accordance with, section 2.15, 2.16 and 2.17, as applicable), (ii) in the circumstances contemplated by preceding clause (i), at the time of any such reduction to the Total Revolving Loan Commitments which is not applied on a proportionate basis to each outstanding Class, the Borrower shall on the date of such reduction (and notwithstanding anything to the contrary contained in this Agreement) effect such borrowings and repayments pursuant to this Section 4.02(a) to apply to reduce the Total Canadian Borrower Revolving Loan Commitment or the Total U.S. Borrower Revolving Loan Commitment, Commitments as specified by the U.S. Borrower, provided that no such reduction shall be permitted to be made pursuant to this Section 4.02(a) if the effect thereof is to cause either (x) the Aggregate Canadian Borrower RL Exposure to exceed the Total Canadian Borrower Revolving Loan Commitment same will exist after giving effect to the reduction thereto reductions contemplated pursuant to this Section 4.02(a4.02 so that the outstandings pursuant to the remaining Revolving Loan Commitments shall be based on the revised Revolving Percentages of the various Lenders after giving effect thereto, and (iii) or (y) each reduction to any Class of Revolving Loan Commitments shall be applied proportionately to permanently reduce the Aggregate U.S. RL Exposure to exceed the Total U.S. Borrower Revolving Loan Commitment after giving effect to of the reduction thereto pursuant to this Section 4.02(arespective Class of each Lender with such a Commitment). Each reduction to (x) the Total Canadian Borrower Revolving Loan Commitment pursuant to this Section.

Appears in 2 contracts

Samples: Credit Agreement (PPL Energy Supply LLC), Credit Agreement (Talen Energy Holdings, Inc.)

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Voluntary Termination of Unutilized Revolving Loan Commitments. On three (a)Upon at least one 3) Business Day prior Days’ written notice to the Administrative Agent at the Notice Office on or prior to 11:00 a.m. (which notice the Administrative Agent shall promptly transmit to each of the Lenders), the U.S. Borrower shall have the right, at any time or from time to time, without premium or penalty penalty, to terminate the Total Unutilized Revolving Loan Commitment in whole, or reduce it in part, pursuant to this Section 4.02(a)4.02, in an integral multiple of $500,000 5,000,000 in the case of partial reductions to the Total Unutilized Revolving Loan Commitment; provided that a notice of termination under this Section 4.02 may state that such notice is conditional upon the effectiveness of the receipt of proceeds from the issuance of other Indebtedness or Capital Stock or consummation of an asset sale or the occurrence of other events in which case such notice of termination may be rescinded by the Borrower (by notice to the Administrative Agent on or prior to the specified date of termination) if such condition is not satisfied; provided further that (i) in the event there is more than one Class of Revolving Loan Commitments then outstanding, with such reductions shall be applied to such Class or Classes of Revolving Loan Commitments as shall be designated by the amount Borrower, (ii) in the circumstances contemplated by preceding clause (i), at the time of any such reduction to the Total Revolving Loan Commitments which is not applied on a proportionate basis to each outstanding Class, the Borrower shall on the date of such reduction (and notwithstanding anything to the contrary contained in this Agreement) effect such borrowings and repayments pursuant to this Section 4.02(a) to apply to reduce the Total Canadian Borrower Revolving Loan Commitment or the Total U.S. Borrower Revolving Loan Commitment, Commitments as specified by the U.S. Borrower, provided that no such reduction shall be permitted to be made pursuant to this Section 4.02(a) if the effect thereof is to cause either (x) the Aggregate Canadian Borrower RL Exposure to exceed the Total Canadian Borrower Revolving Loan Commitment same will exist after giving effect to the reduction thereto reductions contemplated pursuant to this Section 4.02(a4.02 so that the outstandings pursuant to the remaining Revolving Loan Commitments shall be based on the revised RL Percentages of the various Lenders after giving effect thereto, and (iii) or (y) each reduction to any Class of Revolving Loan Commitments shall be applied proportionately to permanently reduce the Aggregate U.S. RL Exposure to exceed the Total U.S. Borrower Revolving Loan Commitment after giving effect to of the reduction thereto pursuant to this Section 4.02(a). Each reduction to (x) the Total Canadian Borrower Revolving Loan Commitment pursuant to this Sectionrespective Class of each Lender with such a Commitment.

Appears in 1 contract

Samples: Credit Agreement (Dynegy Inc.)

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