Common use of Extension of Maturity Clause in Contracts

Extension of Maturity. If so specified on the face hereof or in the pricing supplement attached hereto or delivered herewith, the Maturity of this Note may be extended at the option of the Company for one or more periods of whole years specified on the face hereof or in the pricing supplement attached hereto or delivered herewith (each an "Extension Period") from one to five whole years, up to but not beyond, the date (the "Final Maturity") set forth on the face hereof or in the pricing supplement attached hereto or delivered herewith. The Company may exercise such option by notifying the Trustee of this Note at least 45 but not more than 60 days prior to the old Stated Maturity of this Note. If the Company exercises such option, the Trustee will mail to the Holder of this Note not later than 40 days prior to the old Stated Maturity a notice (the "Extension Notice") first class, postage prepaid indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the Spread or Spread Multiplier applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period including the date or dates on which, or the period or periods during which, and the price or prices at which such redemption may occur during the extension period. Upon the Trustee's mailing of the Extension Notice, the Stated Maturity of this Note shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, this Note will have the same terms as prior to the mailing of such Extension Notice. Notwithstanding the foregoing, not later than 20 days prior to the old Stated Maturity of this Note, the Company may, at its option, revoke the Spread or Spread Multiplier provided for in the Extension Notice and establish a higher Spread or Spread Multiplier for the Extension Period by causing the Trustee to mail notice of such higher Spread or Spread Multiplier, first class, postage prepaid to the Holder of this Note. Such notice shall be irrevocable. All Notes with respect to which the Stated Maturity is extended will bear such higher Spread or Spread Multiplier for the extension period, whether or not tendered for repayment. If the Company extends the Stated Maturity of this Note, the Holder will have the option to elect repayment of this Note by the Company on the old Stated Maturity at a price equal to the principal amount hereof, plus interest accrued to such date. In order to obtain repayment on such old Stated Maturity once the Company has extended the Stated Maturity hereof, the Holder must follow the procedures set forth below for optional repayment, except that the period for delivery of this Note or notification to the Trustee shall be at least 25 but not more than 35 days before the such old Stated Maturity, and except that if the Holder has tendered this Note for repayment pursuant to an Extension Notice, the Holder may, by written notice to the Trustee, revoke such tender for repayment until the close of business on the tenth day before the old Stated Maturity.

Appears in 2 contracts

Samples: Citigroup Capital Xii, Citigroup Capital Xi

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Extension of Maturity. If so specified indicated on the face hereof or in of the pricing supplement attached hereto or delivered herewithNote, the Maturity of this Note may be extended at Company has the option to extend the Maturity Date of the Company Note for one or more periods of one or more whole years specified on the face hereof or in the pricing supplement attached hereto or delivered herewith (each an "Extension Period") from one to five whole years, up to but not beyond, the date (beyond the "Final MaturityMaturity Date") , as set forth on the face hereof or in the pricing supplement attached hereto or delivered herewithabove. The Company may exercise such option by notifying the Trustee of this Note such exercise at least 45 but not more than 60 days prior to the old Stated Maturity Date in effect prior to the exercise of this Notesuch option (the "Original Maturity Date"). If No later than 40 days prior to the Company exercises such optionOriginal Maturity Date, the Trustee will mail to the Holder holder of this the Note not later than 40 days prior to the old Stated Maturity a notice (the "Extension Notice") relating to such Extension Period, first class, postage prepaid indicating prepaid, setting forth: (ia) the election of the Company to extend the Stated Maturity, Maturity Date of such Note; (iib) the new Stated MaturityMaturity Date; (c) in the case of a Fixed Rate Note, (iii) the interest rate applicable to the Extension Period or, in the case of a Floating Rate Note, the Spread or Spread Multiplier applicable to the Extension Period Period; and (ivd) the provisions, if any, for redemption during such the Extension Period Period, including the date or dates on which, which or the period or periods during which, which and the price or prices at which such redemption may occur during the extension periodExtension Period. Upon the Trustee's mailing by the Trustee of an Extension Notice to the Extension Noticeholder of a Note, the Stated Maturity Date of this such Note shall be extended automatically automatically, and, except as modified by the Extension Notice and as described in the next paragraph, this such Note will have the same terms as prior to the mailing of such Extension Notice. Notwithstanding the foregoing, not later than 20 days prior to the old Stated original Maturity of this Date for a Note, the Company may, at its option, revoke the interest rate, in the case of a Fixed Rate Note, or the Spread or Spread Multiplier Multiplier, in the case of a Floating Rate Note, provided for in the Extension Notice and establish a higher interest rate, in the case of a Fixed Rate Note, or a higher Spread or Spread Multiplier Multiplier, in the case of a Floating Rate Note, for the Extension Period by causing the Trustee to mail notice of such higher interest rate or higher Spread or Spread Multiplier, as the case may be, first class, postage prepaid prepaid, to the Holder holder of this such Note. Such notice shall be irrevocable. All Notes with respect to which the Stated Maturity Date is extended will bear such higher interest rate, in the case of a Fixed Rate Note, or higher Spread or Spread Multiplier Multiplier, in the case of a Floating Rate Note, for the extension periodExtension Period, whether or not tendered for repayment. If the Company extends elects to extend the Stated Maturity Date of this a Note, the Holder holder of such Note will have the option to elect repayment of this such Note by the Company on the old Stated Original Maturity Date at a price equal to the principal amount hereof, thereof plus any accrued interest accrued to such date. In order for a Note to obtain repayment be so repaid on such old Stated the Original Maturity once the Company has extended the Stated Maturity hereofDate, the Holder holder thereof must follow the procedures set forth below above under "Repayment" for optional repayment, except that the period for delivery of this such Note or notification to the Trustee shall be at least 25 but not more than 35 days before prior to the such old Stated Maturity, Original Maturity Date and except that if the Holder a holder who has tendered this a Note for repayment pursuant to an Extension Notice, the Holder Notice may, by written notice to the Trustee, Trustee revoke any such tender for repayment until the close of business on the tenth calendar day before prior to the old Stated MaturityOriginal Maturity Date. 10.

Appears in 2 contracts

Samples: Distribution Agreement (Texaco Inc), Distribution Agreement (Texaco Inc)

Extension of Maturity. If so specified on the face hereof or in the pricing supplement attached hereto or delivered herewith, the Maturity of this Note may be extended at the option of the Company for one or more periods of whole years specified on the face hereof or in the pricing supplement attached hereto or delivered herewith (each an "Extension Period"a) from one to five whole years, up to but not beyond, the date (the "Final Maturity") set forth on the face hereof or in the pricing supplement attached hereto or delivered herewith. The Company may exercise such option by notifying the Trustee of this Note at least 45 but not more than 60 days prior to the old Stated Maturity of this Note. If the Company exercises such option, the Trustee will mail to the Holder of this Note not later than 40 days prior to the old Stated Maturity a notice (the "Extension Notice") first class, postage prepaid indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the Spread or Spread Multiplier applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period including the date or dates on which, or the period or periods during which, and the price or prices at which such redemption may occur during the extension period. Upon the Trustee's mailing of the Extension Notice, the Stated Maturity of this Note shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, this Note will have the same terms as prior to the mailing of such Extension Notice. Notwithstanding the foregoing, not later than 20 days prior to the old Stated Maturity of this Note, the Company may, at its option, revoke the Spread or Spread Multiplier provided for in the Extension Notice and establish a higher Spread or Spread Multiplier for the Extension Period by causing the Trustee to mail notice of such higher Spread or Spread Multiplier, first class, postage prepaid to the Holder of this Note. Such notice shall be irrevocable. All Notes with respect to which the Stated Maturity is extended will bear such higher Spread or Spread Multiplier for the extension period, whether or not tendered for repayment. If the Company extends the Stated Maturity of this Note, the Holder will have the option to elect repayment of this Note by the Company on the old Stated Maturity at a price equal to the principal amount hereof, plus interest accrued to such date. In order to obtain repayment on such old Stated Maturity once the Company has extended the Stated Maturity hereof, the Holder must follow the procedures set forth below for optional repayment, except that the period for delivery of this Note or notification to the Trustee shall be at least 25 but not more than 35 days before the such old Stated Maturity, and except that if the Holder has tendered this Note for repayment pursuant to an Extension Notice, the Holder Borrower may, by written notice to the TrusteeAdministrative Agent from time to time, revoke request an extension (each, an “Extension”) of the Facility Termination Date with respect to the Revolving Facility and/or the Term Facility to the first anniversary of the then applicable Facility Termination Date. Such notice shall (i) set forth the principal amount of (A) the Aggregate Revolving Commitment that will be subject to the Extension (which shall be in minimum increments of $25,000,000.00 and a minimum amount of $250,000,000.00), if any and (B) the Aggregate Term Commitment that will be subject to the Extension (which shall be in minimum increments of $25,000,000.00 and a minimum amount of $100,000,000.00), if any, and (ii) set forth the date on which such tender for repayment until Extension is requested to become effective (which shall be not less than thirty (30) days nor more than one hundred twenty (120) days after the close date of business such Extension notice (or such longer or shorter periods as the Administrative Agent shall agree in its sole discretion)). Each Revolving Lender and each Term Lender shall be offered (an “Extension Offer”) an opportunity to participate in such Extension with respect to the Revolving Facility and the Term Facility, respectively, in each case on a pro rata basis and on the tenth day before same terms and conditions as each other Lender for the old Stated Maturityapplicable Class of Loans pursuant to procedures established by, or reasonably acceptable to, Administrative Agent and Borrower. If the aggregate principal amount of Commitments for a Facility in respect of which Lenders shall have accepted the relevant Extension Offer shall exceed the principal amount of the Aggregate Term Commitment or Aggregate Revolving Commitment, as applicable, for such Facility subject to the Extension Offer as set forth in the Extension notice, then the Commitments of the Lenders for such Facility which have accepted such Extension Offer shall be extended ratably with respect to such Facility up to such maximum amount based on the respective principal amounts with respect to which such Lenders have accepted such Extension Offer with respect to such Facility.

Appears in 2 contracts

Samples: Credit Agreement (Tri Pointe Homes, Inc.), Credit Agreement (TRI Pointe Group, Inc.)

Extension of Maturity. If so specified on the face hereof or in the pricing supplement attached hereto or delivered herewith, the Maturity of this Note may be extended at the option of the Company for one or more periods of whole years specified on the face hereof or in the pricing supplement attached hereto or delivered herewith (each an "Extension Period") from one to five whole years, up to but not beyond, the date (the "Final Maturity") set forth on the face hereof or in the pricing supplement attached hereto or delivered herewith. The Company may exercise such option by notifying the Trustee of for this Note at least 45 but not more than 60 days prior to the old Stated Maturity of this Note. If the Company exercises such option, the Trustee will mail to the Holder of this Note not later than 40 days prior to the old Stated Maturity a notice (the "Extension Notice") first class, postage prepaid indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the Spread or Spread Multiplier Interest Rate applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period including the date or dates on which, or the period or periods during which, and the price or prices at which such redemption may occur during the extension period. Upon the Trustee's mailing of the Extension Notice, the Stated Maturity of this Note shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, this Note will have the same terms as prior to the mailing of such Extension Notice. Notwithstanding the foregoing, not later than 20 days prior to the old Stated Maturity of this Note, the Company may, at its option, revoke the Spread or Spread Multiplier Interest Rate provided for in the Extension Notice and establish a higher Spread or Spread Multiplier Interest Rate for the Extension Period by causing the Trustee to mail notice of such higher Spread or Spread MultiplierInterest Rate, first class, postage prepaid to the Holder of this Note. Such notice shall be irrevocable. All Notes with respect to which the Stated Maturity is extended will bear such higher Spread or Spread Multiplier Interest Rate for the extension period, whether or not tendered for repayment. If the Company extends the Stated Maturity of this Note, the Holder will have the option to elect repayment of this Note by the Company on the old Stated Maturity at a price equal to the principal amount hereof, plus interest accrued to such date. In order to obtain repayment on such old Stated Maturity once the Company has extended the Stated Maturity hereof, the Holder must follow the procedures set forth below for optional repayment, except that the period for delivery of this Note or notification to the Trustee shall be at least 25 but not more than 35 days before the such old Stated Maturity, and except that if the Holder has tendered this Note for repayment pursuant to an Extension Notice, the Holder may, by written notice to the Trustee, revoke such tender for repayment until the close of business on the tenth day before the old Stated Maturity.

Appears in 2 contracts

Samples: Citigroup Capital Xi, Citigroup Capital Xii

Extension of Maturity. If so specified on the face hereof or in the pricing supplement attached hereto or delivered herewith, the Maturity of this Note may be extended at the option of the Company for one or more periods of whole years specified on the face hereof or in the pricing supplement attached hereto or delivered herewith (each an "Extension Period") from one to five whole years, up to but not beyond, the date (the "Final Maturity") set forth on the face hereof or in the pricing supplement attached hereto or delivered herewith. The Company may exercise such option by notifying the Trustee of this Note at least 45 but not more than 60 days prior to the old Stated Maturity of this Note. If the Company exercises such option, the Trustee will mail to the Holder of this Note not later than 40 days prior to the old Stated Maturity a notice (the "Extension Notice") first class, postage prepaid indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the Spread or Spread Multiplier applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period including the date or dates on which, or the period or periods during which, which and the price or prices at which such redemption may occur during the extension period. Upon the Trustee's mailing of the Extension Notice, the Stated Maturity of this Note shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, this Note will have the same terms as prior to the mailing of such Extension Notice. Notwithstanding the foregoing, not later than 20 days prior to the old Stated Maturity of this Note, the Company may, at its option, revoke the Spread or Spread Multiplier provided for in the Extension Notice and establish a higher Spread or Spread Multiplier for the Extension Period by causing the Trustee to mail notice of such higher Spread or Spread Multiplier, first class, postage prepaid to the Holder of this Note. Such notice shall be irrevocable. All Notes with respect to which the Stated Maturity is extended will bear such higher Spread or Spread Multiplier for the extension period, whether or not tendered for repayment. If the Company extends the Stated Maturity of this Note, the Holder will have the option to elect repayment of this Note by the Company on the old Stated Maturity at a price equal to the principal amount hereof, plus interest accrued to such date. In order to obtain repayment on such old Stated Maturity once the Company has extended the Stated Maturity hereof, the Holder must follow the procedures set forth below for optional repayment, except that the period for delivery of this Note or notification to the Trustee shall be at least 25 but not more than 35 days before the such old Stated Maturity, and except that if the Holder has tendered this Note for repayment pursuant to an Extension Notice, the Holder may, by written notice to the Trustee, revoke such tender for repayment until the close of business on the tenth day before the old Stated Maturity.

Appears in 2 contracts

Samples: Citigroup Capital Xi, Citigroup Capital Xii

Extension of Maturity. If so specified on the face hereof or in the pricing supplement attached hereto or delivered herewithapplicable Supplemental Agreement for an issue of Medium-Term Notes, Xxxxxx Mac may have the option to extend the Maturity Date of this Note may be extended at the option of the Company such Medium-Term Notes for one or more whole year periods of whole years specified on the face hereof or in the pricing supplement attached hereto or delivered herewith (each an "Extension Period") from one to five whole years, up to but not beyondbeyond the Final Maturity Date set forth in the Supplemental Agreement. In the case of such an extension, the date (Supplemental Agreement also shall specify the "Final Maturity") set forth on basis or formula, if any, for determining the face hereof interest rate or in the pricing supplement attached hereto or delivered herewithSpread and/or Spread Multiplier applicable to such Extension Period. The Company Supplemental Agreement also shall specify any special U.S. federal income tax consideration that would be applicable to such extension. Xxxxxx Mac may exercise such option with respect to a Medium-Term Note by notifying the Trustee Holder in the manner provided in Section 6.05 of this Note such exercise at least 45 but not more than 60 calendar days prior to the old Stated Maturity Date of this Note. If the Company exercises Medium-Term Note in effect prior to the exercise of such option, unless the Trustee will mail to the Holder of this Note not later than 40 days prior to the old Stated Maturity Supplemental Agreement specifies a different notice (the "Extension Notice") first class, postage prepaid indicating (i) period. Such notice shall set forth: the election of the Company Xxxxxx Mac to extend the Stated Maturity, (ii) Maturity Date of such Medium-Term Note; the new Stated MaturityMaturity Date; in the case of a Fixed Rate Medium-Term Note, (iii) the interest rate applicable to the Extension Period or, in the case of a Floating Rate Medium-Term Note, the Spread or and/or Spread Multiplier applicable to the Extension Period Period; and (iv) the provisions, if any, for redemption during such the Extension Period Period, including the date Optional Redemption Date or dates on which, Dates or the period Optional Redemption Period or periods during which, Periods and the price prices or prices at which such redemption may occur during the extension periodExtension Period. Upon the Trustee's mailing of such notice to the Extension NoticeHolder, the Stated Maturity Date of this such Medium-Term Note shall be extended automatically as set forth in the notice of extension and, except as modified by the Extension Notice notice and as described in the next paragraph, this such Medium-Term Note will shall have the same terms as prior to the mailing of such Extension Noticenotice. Notwithstanding the foregoing, not later than 20 days prior to the old Stated original Maturity of this Date for a Medium-Term Note, the Company Xxxxxx Mac may, at its option, revoke the interest rate, in the case of a Fixed Rate Medium-Term Note, or the Spread or Spread Multiplier Multiplier, in the case of a Floating Rate Medium-Term Note, provided for in the Extension Notice extension notice and establish a higher interest rate, in the case of a Fixed Rate Medium-Term Note or a higher Spread or greater Spread Multiplier Multiplier, in the case of a Floating Rate Medium-Term Note, for the Extension Period by causing mailing to the Trustee to mail Holder notice of such higher new interest rate or Spread or Spread Multiplier, first class, postage prepaid to as the Holder of this Notecase may be. Such notice shall be irrevocable. All Medium-Term Notes with respect to which the Stated Maturity Date is extended will shall bear such higher interest rate, in the case of a Fixed Rate Medium-Term Note or higher Spread or greater Spread Multiplier Multiplier, in the case of a Floating Rate Medium-Term Note, for the extension period, whether or not tendered for repaymentExtension Period. If Xxxxxx Mac elects to extend the Company extends the Stated Maturity Date of this a Medium-Term Note, the Holder will of such Note may, if provided for in the applicable Supplemental Agreement, have the option to elect repayment redemption of this such Note by the Company Xxxxxx Mac on the old Stated original Maturity Date at a price equal to the principal amount hereof, thereof plus any accrued interest accrued to such date. In order for a Medium-Term Note to obtain repayment be so redeemed on such old Stated the original Maturity once the Company has extended the Stated Maturity hereofDate, the Holder must follow the procedures set forth below for optional repaymentin subsection (a) of this Section 2.05, except that the period for delivery of this such Medium-Term Note or notification to the Trustee Xxxxxx Mac shall be at least 25 but not more than 35 calendar days before prior to the such old Stated Maturity, original Maturity Date and except that if the a Holder who has tendered this a Medium-Term Note for repayment redemption pursuant to an Extension Notice, the Holder extension notice may, by written notice to Xxxxxx Mac in the Trusteemanner specified in Section 6.05, revoke any such tender for repayment redemption until the close of business on the tenth fifth day before prior to the old Stated Maturityoriginal Maturity Date.

Appears in 1 contract

Samples: Master Terms Agreement (Federal Agricultural Mortgage Corp)

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Extension of Maturity. If so specified on the face hereof or in the pricing supplement attached hereto or delivered herewithan addendum hereto, the Maturity of this Note may be extended at the option of the Company for one or more periods of whole years specified on the face hereof or in the pricing supplement attached hereto or delivered herewith (each an "Extension Period") from one to five whole yearsfive, up to but not beyond, beyond the date (the "Final Maturity") set forth on the face hereof or in the pricing supplement attached hereto or delivered herewithan addendum hereto. The Company may exercise such option by notifying the Trustee of for this Note at least 45 but not more than 60 days prior to the old Stated Maturity of this Note. If the Company exercises such option, the Trustee will mail to the Holder of this Note not later than 40 days prior to the old Stated Maturity a notice (the "Extension Notice") first class, postage prepaid indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the Spread or Spread Multiplier Interest Rate applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period including the date or dates on which, or the period or periods during which, and the price or prices at which such redemption may occur during the extension period. Upon the Trustee's mailing of the Extension Notice, the Stated Maturity of this Note shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, this Note will have the same terms as prior to the mailing of such Extension Notice. Notwithstanding the foregoing, not later than 20 days prior to the old Stated Maturity of this Note, the Company may, at its option, revoke the Spread or Spread Multiplier Interest Rate provided for in the Extension Notice and establish a higher Spread or Spread Multiplier Interest Rate for the Extension Period by causing the Trustee to mail notice of such higher Spread or Spread MultiplierInterest Rate, first class, postage prepaid to the Holder of this Note. Such notice shall be irrevocable. All Notes with respect to which the Stated Maturity is extended will bear such higher Spread or Spread Multiplier Interest Rate for the extension period, whether or not tendered for repayment. If the Company extends the Stated Maturity of this Note, the Holder will have the option to elect repayment of this Note by the Company on the old Stated Maturity at a price equal to the principal amount hereof, plus interest accrued to such date. In order to obtain repayment on such old Stated Maturity once the Company has extended the Stated Maturity hereof, the Holder must follow the procedures set forth below for optional repayment, except that the period for delivery of this Note or notification to the Trustee shall be at least 25 but not more than 35 days before the such old Stated Maturity, and except that if the Holder has tendered this Note for repayment pursuant to an Extension Notice, the Holder may, by written notice to the Trustee, revoke such tender for repayment until the close of business on the tenth day before the old Stated Maturity.

Appears in 1 contract

Samples: Occidental Petroleum Corp /De/

Extension of Maturity. If so specified on the face hereof or in the pricing supplement attached hereto or delivered herewithAt Borrower's option, exercisable as set forth below, the Maturity of this Note may Loan shall be extended at the option for one year and shall mature on July 11, 2006 or such earlier date as may result from acceleration of the Company for one or more periods of whole years specified on the face hereof or in the pricing supplement attached hereto or delivered herewith Indebtedness by Lender (each an "Extension PeriodExtended Maturity Date") from one to five whole years, up to but not beyond, the date (the "Final Maturity") set forth on the face hereof or in the pricing supplement attached hereto or delivered herewith). The Company may Borrower shall exercise such option by notifying delivery to Lender of a written request for such extension not less than ninety (90) days before the Trustee of this Note at least 45 but not more than 60 days prior Maturity Date. Such extension shall be subject to the old Stated conditions that: on each of the date of Borrower's request and the Maturity Date, (A) no Default or Event of this Note. If Default shall have occurred and be continuing, and (B) no Material Adverse Condition shall exist with respect to the Company exercises such optionBorrower, the Trustee will mail Fund taken as a whole, any other member of the Borrower Control Group or any Operating Company, other than a Material Adverse Condition which exists solely with respect to one or more AACDK Entities and the members of the Borrower Control Group (excluding the Borrower and the Fund) that own, directly or indirectly, an interest in such AACDK Entities (as long as such Material Adverse Condition affecting the applicable members of the Borrower Control Group was solely caused by or resulted solely from the Material Adverse Condition of the subject AACDK Entities); Borrower shall represent and warrant to Lender in such request that, as of the date thereof, no Default or Event of Default exists, and no Material Adverse Condition exists with respect to the Holder of this Note not later than 40 days prior to Borrower, the old Stated Maturity Fund taken as a notice (the "Extension Notice") first classwhole, postage prepaid indicating (i) the election any other member of the Borrower Control Group or any Operating Company other than a Material Adverse Condition which exists solely with respect to extend one or more AACDK Entities and the Stated Maturitymembers of the Borrower Control Group (excluding the Borrower and the Fund) that own, directly or indirectly, an interest in such AACDK Entities (ii) as long as such Material Adverse Condition affecting the new Stated Maturityapplicable members of the Borrower Control Group was solely caused by or resulted solely from the Material Adverse Condition of the subject AACDK Entities); and Borrower's request for such extension shall be accompanied by the estimated Extension Additional Interest Payment (based on the assumption that only regularly scheduled quarterly amortization payments will be made between the date of such notice and the Initial Maturity Date). Provided no Event of Default shall be continuing, (iii) Lender will refund Borrower on the Spread or Spread Multiplier applicable to Initial Maturity Date, the Extension Period and (iv) the provisionsexcess, if any, for redemption during such Extension Period including the date or dates on which, or the period or periods during which, and the price or prices at which such redemption may occur during the extension period. Upon the Trustee's mailing of the amount by which the estimated Extension Notice, the Stated Maturity of this Note shall be extended automatically and, except as modified by Additional Interest Payment exceeds the Extension Notice and as described in the next paragraph, this Note will Additional Interest Payment that would actually have the same terms as prior to the mailing of such Extension Notice. Notwithstanding the foregoing, not later than 20 days prior to the old Stated Maturity of this Note, the Company may, at its option, revoke the Spread or Spread Multiplier provided for in the Extension Notice and establish a higher Spread or Spread Multiplier for the Extension Period by causing the Trustee to mail notice of such higher Spread or Spread Multiplier, first class, postage prepaid to the Holder of this Note. Such notice shall be irrevocable. All Notes with respect to which the Stated Maturity is extended will bear such higher Spread or Spread Multiplier for the extension period, whether or not tendered for repayment. If the Company extends the Stated Maturity of this Note, the Holder will have the option to elect repayment of this Note by the Company been due on the old Stated Maturity at a price equal to the principal amount hereof, plus interest accrued to such date. In order to obtain repayment on such old Stated Maturity once the Company has extended the Stated Maturity hereof, the Holder must follow the procedures set forth below for optional repayment, except that the period for delivery of this Note or notification to the Trustee shall be at least 25 but not more than 35 days before the such old Stated Maturity, and except that if the Holder has tendered this Note for repayment pursuant to an Extension Notice, the Holder may, by written notice to the Trustee, revoke such tender for repayment until the close of business on the tenth day before the old Stated Maturity.

Appears in 1 contract

Samples: Loan Agreement (Lazard Freres Real Estate Investors LLC)

Extension of Maturity. If so specified indicated on the face hereof or in of the pricing supplement attached hereto or delivered herewithNote, the Maturity of this Note may be extended at Company has the option to extend the Maturity Date of the Company Note for one or more periods of one or more whole years specified on the face hereof or in the pricing supplement attached hereto or delivered herewith (each an "Extension Period") from one to five whole years, up to but not beyond, the date (beyond the "Final MaturityMaturity Date") , as set forth on the face hereof or in the pricing supplement attached hereto or delivered herewithabove. The Company may exercise such option by notifying the Trustee of this Note such exercise at least 45 but not more than 60 days prior to the old Stated Maturity Date in effect prior to the exercise of this Notesuch option (the "Original Maturity Date"). If No later than 40 days prior to the Company exercises such optionOriginal Maturity Date, the Trustee will mail to the Holder holder of this the Note not later than 40 days prior to the old Stated Maturity a notice (the "Extension Notice") relating to such Extension Period, first class, postage prepaid indicating prepaid, setting forth: (ia) the election of the Company to extend the Stated Maturity, Maturity Date of such Note; (iib) the new Stated MaturityMaturity Date; (c) in the case of a Fixed Rate Note, (iii) the interest rate applicable to the Extension Period or, in the case of a Floating Rate Note, the Spread or Spread Multiplier applicable to the Extension Period Period; and (ivd) the provisions, if any, for redemption during such the Extension Period Period, including the date or dates on which, which or the period or periods during which, which and the price or prices at which such redemption may occur during the extension periodExtension Period. Upon the Trustee's mailing by the Trustee of an Extension Notice to the Extension Noticeholder of a Note, the Stated Maturity Date of this such Note shall be extended automatically automatically, and, except as modified by the Extension Notice and as described in the next paragraph, this such Note will have the same terms as prior to the mailing of such Extension Notice. Notwithstanding the foregoing, not later than 20 days prior to the old Stated original Maturity of this Date for a Note, the Company may, at its option, revoke the interest rate, in the case of a Fixed Rate Note, or the Spread or Spread Multiplier Multiplier, in the case of a Floating Rate Note, provided for in the Extension Notice and establish a higher interest rate, in the case of a Fixed Rate Note, or a higher Spread or Spread Multiplier Multiplier, in the case of a Floating Rate Note, for the Extension Period by causing the Trustee to mail notice of such higher interest rate or higher Spread or Spread Multiplier, as the case may be, first class, postage prepaid prepaid, to the Holder holder of this such Note. Such notice shall be irrevocable. All Notes with respect to which the Stated Maturity Date is extended will bear such higher interest rate, in the case of a Fixed Rate Note, or higher Spread or Spread Multiplier Multiplier, in the case of a Floating Rate Note, for the extension periodExtension Period, whether or not tendered for repayment. If the Company extends elects to extend the Stated Maturity Date of this a Note, the Holder holder of such Note will have the option to elect repayment of this such Note by the Company on the old Stated Original Maturity Date at a price equal to the principal amount hereof, thereof plus any accrued interest accrued to such date. In order for a Note to obtain repayment be so repaid on such old Stated the Original Maturity once the Company has extended the Stated Maturity hereofDate, the Holder holder thereof must follow the procedures set forth below above under "Repayment" for optional repayment, except that the period for delivery of this such Note or notification to the Trustee shall be at least 25 but not more than 35 days before prior to the such old Stated Maturity, Original Maturity Date and except that if the Holder a holder who has tendered this a Note for repayment pursuant to an Extension Notice, the Holder Notice may, by written notice to the Trustee, Trustee revoke any such tender for repayment until the close of business on the tenth calendar day before prior to the old Stated MaturityOriginal Maturity Date.

Appears in 1 contract

Samples: Distribution Agreement (Texaco Inc)

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