Common use of Xxxxxxx Extension Clause in Contracts

Xxxxxxx Extension. (a) If an Event of Default shall have occurred and be continuing pursuant to Section 8.01(m) (any such event, a “Xxxxxxx Event”), then, notwithstanding Section 8.02, the Administrative Agent may declare the Final Maturity Date to have occurred pursuant to Section 8.01 (which declaration shall be effective) but shall not, prior to the close of business (New York time) on the 30th day following the date on which the Administrative Agent shall have delivered notice to Borrower of the occurrence of such Xxxxxxx Event (such time, the “Xxxxxxx Extension Deadline”), exercise any of the other remedies set forth in Section 8.02, if and for so long as: (i) no Event of Default, other than the Xxxxxxx Event, shall have occurred and be continuing; (ii) the Borrower and its Affiliates shall be actively engaged in soliciting or making arrangements to cause the repayment in full of the Obligations (whether by refinancing or otherwise); and (iii) on or prior to the fifth Business Day following the date on which the Administrative Agent shall have delivered notice to Borrower of the Event of Default relating to the Xxxxxxx Event, the Servicer shall have delivered an Officer’s Certificate certifying that the conditions set forth in the foregoing clauses (i) and (ii) have been satisfied. (b) Section 8.03(a) shall apply only to a Xxxxxxx Event and shall not be deemed to limit the rights of the Administrative Agent in respect of any other Event of Default. (c) If any of the Obligations shall, upon the occurrence of the Xxxxxxx Extension Deadline, remain outstanding, then the Administrative Agent shall be entitled to exercise immediately, and without further notice to the Borrower or any other Person, any and all of the remedies set forth in Section 8.02 and elsewhere in this Agreement and the other Transaction Documents.

Appears in 5 contracts

Samples: Loan and Servicing Agreement (TCG Bdc, Inc.), Loan and Servicing Agreement (TCG Bdc, Inc.), Loan and Servicing Agreement (Carlyle GMS Finance, Inc.)

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Xxxxxxx Extension. (a) If an Event of Default shall have occurred and be continuing pursuant to Section 8.01(m8.01(s) (any such event, a “Xxxxxxx Event”), then, notwithstanding Section 8.02, the Administrative Agent may declare the Final Maturity Date to have occurred pursuant to Section 8.01 (which declaration shall be effective) but shall not, prior to the close of business (New York time) on the 30th day following the date on which the Administrative Agent shall have delivered notice to Borrower of the occurrence of such Xxxxxxx Event (such time, the “Xxxxxxx Extension Deadline”), exercise any of the other remedies set forth in Section 8.02, if and for so long as: (i) no Event of Default, other than the Xxxxxxx Event, shall have occurred and be continuing; (ii) the Borrower and its Affiliates shall be actively engaged in soliciting or making arrangements to cause the repayment in full of the Obligations (whether by refinancing or otherwise); and (iii) on or prior to the fifth Business Day following the date on which the Administrative Agent shall have delivered notice to Borrower of the Event of Default relating to the Xxxxxxx Event, the Servicer shall have delivered an Officer’s Certificate certifying that the conditions set forth in the foregoing clauses (i) and (ii) have been satisfied. (b) Section 8.03(a) shall apply only to a Xxxxxxx Event and shall not be deemed to limit the rights of the Administrative Agent in respect of any other Event of Default. (c) If any of the Obligations shall, upon the occurrence of the Xxxxxxx Extension Deadline, remain outstanding, then the Administrative Agent shall be entitled to exercise immediately, and without further notice to the Borrower or any other Person, any and all of the remedies set forth in Section 8.02 and elsewhere in this Agreement and the other Transaction Documents.

Appears in 3 contracts

Samples: Loan and Servicing Agreement (SLR Investment Corp.), Loan and Servicing Agreement (Solar Senior Capital Ltd.), Loan and Servicing Agreement (Solar Senior Capital Ltd.)

Xxxxxxx Extension. (a) If an a Xxxxxxx Event of Default shall have occurred and be continuing pursuant to Section 8.01(m) (any such eventoccurred, a “Xxxxxxx Event”), then, notwithstanding Section 8.02, then the Administrative Agent may declare the Final Maturity Termination Date to have occurred pursuant to Section 8.01 7.01 (which declaration shall be effective) but shall not, prior to the close of business (New York time) on the 30th day following the date on which the Administrative Agent shall have delivered notice to Borrower of the occurrence of such Xxxxxxx Event (such time, the “Xxxxxxx Extension Deadline”), exercise any of the other remedies set forth in Section 8.02and, if and for so long as: (i) no Event of Default, other than the Xxxxxxx EventEvent and any Event of Default arising solely as a result of the representation in Section 4.01(gg) being false, incorrect or misleading in any material respect, shall have occurred and be continuingoccurred; (ii) the Borrower and its Affiliates shall be actively engaged in soliciting or making arrangements to cause the repayment in full of the Obligations (whether by refinancing or otherwise); and (iii) on or prior to the fifth Business Day following the date on which the Administrative Agent shall have delivered notice to Borrower of the Event of Default Termination Declaration Notice relating to the Xxxxxxx Event, the Servicer Professional Services shall have delivered an Officer’s Certificate a certificate of a Responsible Officer of Professional Services certifying that the conditions set forth in the foregoing clauses (i) and (ii) have been satisfied. ; then (bother than the termination of the Revolving Period and the cessation by the Borrower of additional acquisitions of Receivables under the Contribution Agreement by virtue of the occurrence of the Termination Date) the Administrative Agent, the Managing Agents and the Lenders agree that the Administrative Agent shall not exercise additional remedies available under Section 8.03(a) shall apply only 7.01 for a period of 30 days from the date of the Termination Declaration Notice relating to a Xxxxxxx Event and shall not be deemed to limit (the rights of the Administrative Agent in respect of any other Event of Default. (c) If any of the Obligations shall, upon the occurrence of the Xxxxxxx Extension Deadline, remain outstanding, then the Administrative Agent shall be entitled to exercise immediately, and without further notice to the Borrower or any other Person, any and all of the remedies set forth in Section 8.02 and elsewhere in this Agreement and the other Transaction DocumentsPeriod”).

Appears in 2 contracts

Samples: Omnibus Amendment (Community Health Systems Inc), Omnibus Amendment (Community Health Systems Inc)

Xxxxxxx Extension. (a) If an a Xxxxxxx Event of Default shall have occurred and be continuing pursuant to Section 8.01(m) (any such eventoccurred, a “Xxxxxxx Event”), then, notwithstanding Section 8.02, then the Administrative Agent may declare the Final Maturity Termination Date to have occurred pursuant to Section 8.01 7.01 (which declaration shall be effective) but shall not, prior to the close of business (New York time) on the 30th day following the date on which the Administrative Agent shall have delivered notice to Borrower of the occurrence of such Xxxxxxx Event (such time, the “Xxxxxxx Extension Deadline”), exercise any of the other remedies set forth in Section 8.02and, if and for so long as: (i) no Event of Default, other than the Xxxxxxx EventEvent and any Event of Default arising solely as a result of the representation in Section 4.01(gg) being false, incorrect or misleading in any material respect, shall have occurred and be continuingoccurred; (ii) the Borrower and its Affiliates shall be actively engaged in soliciting or making arrangements to cause the repayment in full of the Obligations (whether by refinancing or otherwise); and (iii) on or prior to the fifth Business Day following the date on which the Administrative Agent shall have delivered notice to Borrower of the Event of Default Termination Declaration Notice relating to the Xxxxxxx Event, the Servicer Professional Services shall have delivered an Officer’s Certificate a certificate of a Responsible Officer of Professional Services certifying that the conditions set forth in the foregoing clauses (i) and (ii) have been satisfied. ; then (bother than the termination of the Revolving Period and the cessation by the Borrower of additional acquisitions of Receivables under the Contribution Agreement by virtue of the occurrence of the Termination Date (other than a Termination Date that exists solely as a result of the occurrence of a Scheduled Termination Date under clause (a) of such defined term)) the Administrative Agent, the Managing Agents and the Lenders agree that the Administrative Agent shall not exercise additional remedies available under Section 8.03(a) shall apply only 7.01 for a period of 30 days from the date of the Termination Declaration Notice relating to a Xxxxxxx Event and shall not be deemed to limit (the rights of the Administrative Agent in respect of any other Event of Default. (c) If any of the Obligations shall, upon the occurrence of the Xxxxxxx Extension Deadline, remain outstanding, then the Administrative Agent shall be entitled to exercise immediately, and without further notice to the Borrower or any other Person, any and all of the remedies set forth in Section 8.02 and elsewhere in this Agreement and the other Transaction DocumentsPeriod”).

Appears in 1 contract

Samples: Omnibus Amendment (Community Health Systems Inc)

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Xxxxxxx Extension. (a) If an Event of Default shall have occurred and be continuing pursuant to Section 8.01(m8.01(s) (any such event, a “Xxxxxxx Event”), then, notwithstanding Section 8.02, the Administrative Agent may declare the Final Maturity Date to have occurred pursuant to Section 8.01 (which declaration shall be effective) but shall not, prior to the close of business (New York time) on the 30th day following the date on which the Administrative Agent shall have delivered notice to Borrower of the occurrence of such Xxxxxxx Event (such time, the “Xxxxxxx Extension Deadline”), exercise any of the other remedies set forth in Section 8.02, if and for so long as: (i) no Event of Default, other than the Xxxxxxx Event, shall have occurred and be continuing; (ii) the Borrower and its Affiliates shall be actively engaged in soliciting or making arrangements to cause the repayment in full of the Obligations (whether by refinancing or otherwise); and (iii) on or prior to the fifth Business Day following the date on which the Administrative Agent shall have delivered notice to Borrower of the Event of Default relating to the Xxxxxxx Event, the Servicer shall have delivered an Officer’s Certificate certifying that the conditions set forth in the foregoing clauses (i) and (ii) have been satisfied. (b) Section 8.03(a) shall apply only to a Xxxxxxx Event and shall not be deemed to limit the rights of the Administrative Agent in respect of any other Event of Default. (c) If any of the Obligations shall, upon the occurrence of the Xxxxxxx Extension Deadline, remain outstanding, then the Administrative Agent shall be entitled to exercise immediately, and without further notice to the Borrower or any other Person, any and all of the remedies set forth in Section 8.02 and elsewhere in this Agreement and the other Transaction Documents.

Appears in 1 contract

Samples: Ninth Amendment to the Loan and Servicing Agreement (SLR Senior Investment Corp.)

Xxxxxxx Extension. (a) If an Event of Default shall have occurred and be continuing pursuant to Section 8.01(m) (any such event, a “Xxxxxxx Event”), then, notwithstanding Section 8.02, the Administrative Agent may declare the Final Maturity Date to have occurred pursuant to Section 8.01 (which declaration shall be effective) but shall not, prior to the close of business (New York time) on the 30th day following the date on which the Administrative Agent shall have delivered notice to Borrower of the occurrence of such Xxxxxxx Event (such time, the “Xxxxxxx Extension Deadline”), exercise any of the other remedies set forth in Section 8.02, if and for so long as: (i) no Event of Default, other than the Xxxxxxx Event, shall have occurred and be continuing; (ii) the Borrower and its Affiliates shall be actively engaged in soliciting or making arrangements to cause the repayment in full of the Obligations (whether by refinancing or otherwise); and (iii) on or prior to the fifth Business Day following the date on which the Administrative Agent shall have delivered notice to Borrower of the Event of Default relating to the Xxxxxxx Event, the Servicer shall have delivered an Officer’s Certificate certifying that the conditions set forth in the foregoing clauses (i) and (ii) have been satisfied. (b) Section 8.03(a) shall apply only to a Xxxxxxx Event and shall not be deemed to limit the rights of the Administrative Agent in respect of any other Event of Default. (c) If any of the Obligations shall, upon the occurrence of the Xxxxxxx Extension Deadline, remain outstanding, then the Administrative Agent shall be entitled to exercise immediately, and without further notice to the Borrower or any other Person, any and all of the remedies set forth in Section 8.02 and elsewhere in this Agreement and the other Transaction Documents.

Appears in 1 contract

Samples: Loan and Servicing Agreement (TCG Bdc, Inc.)

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