Common use of Extension of Lease Expiration Date and Final Maturity Date Clause in Contracts

Extension of Lease Expiration Date and Final Maturity Date. (a) Lessee may request in writing (the "Extension Option Request") to the Agent, Certificate Trustee and each of the Participants that each of the Participants agrees that Lessee be granted the right (the "Extension Option") pursuant to the Lease to extend the Lease Term (the "Lease Extension") for up to two (2) additional one-year periods commencing on the last day of the then current Lease Term, as applicable (each, a "Lease Renewal Term") and that the Final Maturity Date be correspondingly extended to the extended Lease Expiration Date; provided that the lessee under the Other Lease shall have concurrently requested a similar extension of the term of the Other Lease. Such Extension Option Request must be delivered in writing to Certificate Trustee and Agent not later than 270 days nor more than 360 days prior to the expiration of the Lease Term. Agent and Certificate Trustee shall promptly forward such notice to the Certificate Purchasers and the Lenders, respectively. Each Participant will notify the Certificate Trustee in writing of whether or not it has consented to such Extension Option Request not later than 45 days after receipt of the Extension Option Request (the "Extension Option Response Date"). Any Participant who does not so notify Certificate Trustee by the Extension Option Response Date will be deemed to be, and any Participant that has notified the Certificate Trustee that it has not consented to an Extension Option Request will be, a Non-Consenting Participant. Each Participant's determination with respect to an Extension Option Request shall be a new credit determination and within such Participant's sole and absolute discretion and may be conditioned upon such terms and conditions as deemed appropriate by the consenting Participants, including the modification of the Applicable Percentage Amount, receipt of such financial information, documentation or other information or conditions as may be reasonably requested by such Participant, the receipt of an appraisal of the Units (in form and substance satisfactory to the Participants) opining that the Appraised Value of the Units on an in-place, in-service basis at the end of the first or second Lease Renewal Term, as applicable, is reasonably expected to be at least 95.50% of the aggregate Purchase Price (with respect to the first Lease Renewal Term) and at least 94.50% (with respect to the second Lease Renewal Term). The Extension Option shall become effective as of the first date (the "Extension Effective Date") on or after the Extension Option Response Date on which all of the Participants (other than Non-Consenting Participants who have been replaced by Replacement Participants in accordance with Section 2.12(b)) and Replacement Participants shall have consented to such Lease Extension; provided that on both the date of the Extension Option Request and the Extension Effective Date: (w) each of the representations and warranties made by the Certificate Trustee and Lessee in or pursuant to the Operative Documents shall be true and correct as if made on and as of each such date (except to the extent any such representation or warranty specifically relates to an earlier date), (x) Lessee shall not have elected the Purchase Option or Sale Option, (y) no Lease Default or Lease Event of Default shall have occurred and be continuing, and (z) on each of such dates, the Certificate Trustee shall have received a certificate of Lessee as to the matters set forth in clauses (x) and (y) above; and provided further that in no event shall the Extension Effective Date occur unless (x) each of the Participants (other than Non-Consenting Participants who have been replaced in accordance with Section 2.12(b)) and the Replacement Participants shall have consented to the Extension Option Request on or before the expiration of the Lease Term, and (y) each of the participants under the Other Transaction shall have consented to the corresponding extension option request on or before the expiration of the term of the Other Lease.

Appears in 2 contracts

Samples: Participation Agreement (Ferrellgas Partners Finance Corp), Participation Agreement (Ferrellgas Partners Finance Corp)

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Extension of Lease Expiration Date and Final Maturity Date. (a) Lessee may request in writing (the "Extension Option Request") to the Agent, Certificate Trustee and each of the Participants that each of the Participants agrees that Lessee be granted the right (the "Extension Option") pursuant to the Lease to extend the Lease Term for all (but not less than all) of the Premises (the "Lease Extension") for up to two five (25) additional one-year periods commencing on the last day of the then current Lease Term, as applicable (each, a "Lease Renewal Term") and that the Final Maturity Date be correspondingly extended to the extended Lease Expiration Date; provided that the lessee under the Other Lease shall have concurrently requested a similar extension of the term of the Other Lease. Such Extension Option Request must be delivered in writing to Certificate Trustee Trustee, Agent and Agent each Participant not later than 270 days nor more than 360 days prior to the expiration of the Lease Base Term. Agent and Certificate Trustee shall promptly forward such notice to the Certificate Purchasers and the Lenders, respectively. Each Participant will notify the Certificate Trustee in writing of whether or not it has consented to such Extension Option Request not later than 45 days after receipt of the Extension Option Request (the "Extension Option Response Date"). Any Participant who does not so notify Certificate Trustee by the Extension Option Response Date will be deemed to be, and any Participant that has notified the Certificate Trustee that it has not consented to an Extension Option Request will be, a Non-Consenting Participant. Each Participant's determination with respect to an Extension Option Request shall be a new credit determination and within such Participant's sole and absolute discretion and may be conditioned upon such terms and conditions as deemed appropriate by the consenting Participants, including the modification of the Applicable Percentage Sale Recourse Amount, receipt of such financial information, documentation or other information or conditions as may be reasonably requested by such Participant, the receipt of an a satisfactory appraisal of the Units (in form and substance satisfactory to the Participants) opining that the Appraised Value each of the Units on an in-placeSites then comprising the Premises, in-service basis at the end and Guarantor's reaffirmation of the first or second Lease Renewal Term, as applicable, is reasonably expected to be at least 95.50% of the aggregate Purchase Price (with respect to the first Lease Renewal Term) and at least 94.50% (with respect to the second Lease Renewal Term)Guarantees. The Lease Extension contemplated by the Extension Option Request shall become effective as of the first date (the "Extension Effective Date"" with respect to the Lease Extension) on or after the Extension Option Response Date on which all of the Participants (other than Non-Consenting Participants who have been replaced by Replacement Participants in accordance with Section 2.12(b2.14(b)) and Replacement Participants shall have consented to such Lease Extension; provided that on both the date of the Extension Option Request and the Extension Effective Date: (w) each of the representations and warranties made by the Certificate Trustee Trustee, Guarantor and Lessee in or pursuant to the Operative Documents shall be true and correct in all material respects as if made on and as of each such date (except to the extent any such representation or warranty specifically relates to an earlier date), (x) Lessee shall not have elected the Purchase Option or Sale Option, (y) no Lease Default or Lease Event of Default shall have occurred and be continuing, and (z) on each of such dates, the Certificate Trustee shall have received a certificate of Lessee as to the matters set forth in clauses (x) and (y) above; and provided further that in no event shall the Extension Effective Date occur unless (x) each of the Participants (other than Non-Consenting Participants who have been replaced in accordance with Section 2.12(b2.14(b)) and the Replacement Participants shall have consented to the Extension Option Request on or before the expiration of the Lease Base Term, and (y) each of the participants under the Other Transaction shall have consented to the corresponding extension option request on or before the expiration of the term of the Other Lease.

Appears in 1 contract

Samples: Participation Agreement (Del Monte Foods Co)

Extension of Lease Expiration Date and Final Maturity Date. (a) Subject to the satisfaction of the conditions and requirements set forth in this SECTION 2.14 including the receipt of the consent of the Participants, Lessee may request in writing (the an "Extension Option RequestEXTENSION OPTION REQUEST") to the Agent, Certificate Trustee and each of the Participants that each of the Participants agrees that Lessee be granted the right (the "Extension Option") pursuant to the Lease to may extend the Lease Term (the "Lease ExtensionEXTENSION OPTION") for one (1) additional period of up to two five (25) additional one-year periods years commencing on the last day of the then current Lease Term, as applicable Base Term (each, a the "Lease Renewal TermRENEWAL TERM") and that the Final Maturity Date be correspondingly extended to the extended Lease Expiration Date; provided that the lessee under the Other Lease shall have concurrently requested a similar extension of the term of the Other Lease. Such The Extension Option Request must be delivered in writing to Certificate Trustee Trustee, Agent and Agent each Participant not later than 270 days nor more than 360 days prior to the expiration of the then current Lease Term. Agent and Certificate Trustee shall promptly forward such notice to the Certificate Purchasers and the Lenders, respectively. Each Participant will notify the Certificate Trustee Agent in writing of whether or not it has consented to such Extension Option Request not later than 45 days after receipt of the Extension Option Request (the "Extension Option Response DateEXTENSION OPTION RESPONSE DATE"). Any Participant who does not so notify Certificate Trustee Agent by the Extension Option Response Date will be deemed to be, and any have not consented to such Extension Option Request. Any Participant that has notified the Certificate Trustee that it has not consented to an Extension Option Request will beor that is deemed not to have consented, as provided in the preceding sentence, shall be deemed a Non"NON-Consenting ParticipantCONSENTING PARTICIPANT". Each Participant's determination with respect to an Extension Option Request shall be a new credit determination and within such Participant's sole and absolute discretion and may be conditioned upon such terms and conditions as deemed appropriate by the consenting Participantson different pricing, including the modification of the Applicable Percentage Amount, Sale Recourse Amount and receipt of such financial information, documentation or other information or conditions as may be reasonably requested by such Participant, the receipt of an appraisal Participant including satisfactory appraisals of the Units (in form and substance satisfactory to the Participants) opining that the Appraised Value of the Units on an in-place, in-service basis at the end of the first or second Lease Renewal Term, as applicable, is reasonably expected to be at least 95.50% of the aggregate Purchase Price (with respect to the first Lease Renewal Term) and at least 94.50% (with respect to the second Lease Renewal Term)Leased Property. The Extension Option contemplated by the Extension Option Request shall become effective as of the first date (the "Extension Effective DateEXTENSION OPTION EFFECTIVE DATE") on or after the Extension Option Response Date on which all of the Participants (other than Non-Consenting Participants who have been replaced by Replacement Participants in accordance with Section 2.12(bSECTION 2.14(b)) and Replacement Participants shall have consented to such Lease ExtensionExtension Request; provided PROVIDED that on both the date of the Extension Option Request and the Extension Option Effective Date: (w) each of the representations and warranties made by the Certificate Trustee and Lessee in or pursuant to the Operative Documents shall be true and correct in all material respects as if made on and as of each such date (except to the extent any such representation or warranty specifically relates to an earlier date), (x) Lessee shall not have elected or been deemed to have elected the Purchase Option or Sale Option, (y) no Lease Default or Lease Event of Default shall have occurred and be continuing, and (z) on each of such dates, the Certificate Trustee shall have received a certificate of Lessee as to the matters set forth in clauses CLAUSES (xw),(x) and AND (y) above; and provided further PROVIDED FURTHER that in no event shall the Extension Option Effective Date occur unless (x) each of the Participants (other than Non-Consenting Participants who have been replaced in accordance with Section 2.12(bSECTION 2.14(b)) and the Replacement Participants shall have consented to the Extension Option Request on or before the expiration of the then current Lease Term, and (y) each of the participants under the Other Transaction shall have consented to the corresponding extension option request on or before the expiration of the term of the Other Lease.

Appears in 1 contract

Samples: Participation Agreement (Remec Inc)

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Extension of Lease Expiration Date and Final Maturity Date. (a) Lessee may request in writing (the "Extension Renewal Option Request") to the Agent, Certificate Trustee and each of the Participants that each of the Participants agrees that Lessee be granted the right (the "Extension Renewal Option") pursuant to the Lease to extend the Lease Term (the "Lease ExtensionRenewal") for up to two (2) additional one-year periods commencing on the last day of the then current Lease Term, Term as applicable (each, a "Lease Renewal Term") and that the Final Maturity Date be correspondingly extended to the extended Lease Expiration Date; provided that the lessee under the Other Lease shall have concurrently requested a similar extension of the term of the Other Lease. Such Extension Renewal Option Request must be delivered in writing to Certificate Trustee and Agent not earlier than 150 day nor later than 270 days nor more than 360 120 days prior to the expiration of the Lease Term. Agent and Certificate Trustee shall promptly forward such notice to the Certificate Purchasers and the Lenders, respectively. Each Participant will notify the Certificate Trustee in writing of whether or not it has consented to such Extension Option Request not later than 45 days after receipt of the Extension Renewal Option Request (the "Extension Renewal Option Response Date"). Any Participant who does not so notify Certificate Trustee by the Extension Option Response Date will be deemed to be, and any Participant that has notified the Certificate Trustee that it has not consented to an Extension a Renewal Option Request will be, a "Non-Consenting Participant". Each Participant's determination with respect to an Extension a Renewal Option Request shall be a new credit determination and within such Participant's sole and absolute discretion and may be conditioned upon such terms and conditions as deemed appropriate by the consenting Participants, including the modification of the Applicable Percentage Amount, receipt of such financial information, documentation or other information or conditions as may be reasonably requested by such Participant, Participant and the receipt of an appraisal of the Units Items of Equipment (in form and substance satisfactory to the Participants) opining that the Appraised Value of the Units on an in-place, in-service basis at the end of the first or second Lease Renewal Term, as applicable, is reasonably expected to be at least 95.50% of the aggregate Purchase Price (with respect to the first Lease Renewal Term) and at least 94.50% (with respect to the second Lease Renewal Term). The Extension Renewal Option shall become effective as of the first date (the "Extension Renewal Effective Date") on or after the Extension Renewal Option Response Date on which all of the Participants (other than Non-Consenting Participants who have been replaced by Replacement Consenting Participants in accordance with Section 2.12(b2.18(b)) and Replacement Consenting Participants shall have consented to such Lease Extension; provided that on both the date of the Extension Renewal Option Request and the Extension Renewal Effective Date: (w) each of the representations and warranties made by the Certificate Trustee and Lessee in or pursuant to the Operative Documents shall be true and correct as if made on and as of each such date (except to the extent any such representation or warranty specifically relates to an earlier datedate or except as otherwise disclosed by Lessee to the Participants), (x) Lessee shall not have elected the Purchase Option or Sale Option, (y) no Lease Default or Lease Event of Default shall have occurred and be continuingexists, and (z) on each of such dates, the Certificate Trustee LSI Trust No. 2001-A Participation Agreement shall have received a certificate of Lessee as to the matters set forth in clauses (x) and (y) above; and provided further that in no event shall the Extension Renewal Effective Date occur unless (x) each of the Participants (other than Non-Consenting Participants who have been replaced in accordance with Section 2.12(b2.18(b)) and the Replacement Consenting Participants shall have consented to the Extension Renewal Option Request on or before the expiration of the Lease Term, and (y) each of the participants under the Other Transaction shall have consented to the corresponding extension option request on or before the expiration of the term of the Other Lease.

Appears in 1 contract

Samples: Participation Agreement (Lsi Logic Corp)

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