Common use of Lender Elections to Extend Clause in Contracts

Lender Elections to Extend. Each Lender, acting in its sole and individual discretion, shall, by notice to the Administrative Agent given not later than the date that is 15 days after the date on which the Administrative Agent received the Company’s extension request (the “Lender Notice Date”), advise the Administrative Agent whether or not such Lender agrees to such extension (each Lender that determines to so extend its Maturity Date, an “Extending Lender”). Each Lender that determines not to so extend its Maturity Date (a “Non-Extending Lender”) shall notify the Administrative Agent of such fact promptly after such determination (but in any event no later than the Lender Notice Date), and any Lender that does not so advise the Administrative Agent on or before the Lender Notice Date shall be deemed to be a Non-Extending Lender. The election of any Lender to agree to such extension shall not obligate any other Lender to so agree, and it is understood and agreed that no Lender shall have any obligation whatsoever to agree to any request made by the Company for extension of the Maturity Date.

Appears in 9 contracts

Samples: Credit Agreement (Coach Inc), Assignment and Assumption (Fluor Corp), Credit Agreement (Regeneron Pharmaceuticals Inc)

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Lender Elections to Extend. Each Lender, acting in its sole and individual discretion, shall, by notice to the Administrative Agent given not later than the date that is 15 20 days after the date on which the Administrative Agent received the Company’s extension request (the “Lender Notice Date”), advise the Administrative Agent whether or not such Lender agrees to such extension (each Lender that determines to so extend its Maturity Date, an “Extending Lender”). Each Lender that determines not to so extend its Maturity Date (a “Non-Extending Lender”) shall notify the Administrative Agent of such fact promptly after such determination (but in any event no later than the Lender Notice Date), and any Lender that does not so advise the Administrative Agent on or before the Lender Notice Date shall be deemed to be a Non-Extending Lender. The election of any Lender to agree to such extension shall not obligate any other Lender to so agree, and it is understood and agreed that no Lender shall have any obligation whatsoever to agree to any request made by the Company for extension of the Maturity Date.

Appears in 8 contracts

Samples: Credit Agreement (Perkinelmer Inc), Credit Agreement (Revvity, Inc.), Credit Agreement (Perkinelmer Inc)

Lender Elections to Extend. Each Lender, acting in its sole and individual discretion, shall, by notice to the Administrative Agent (which shall be irrevocable unless the Company otherwise consents in writing in its sole discretion) given not later than the date that is 15 days after the date on which the Administrative Agent received the Company’s extension request (the “Lender Notice Date”), advise the Administrative Agent whether or not such Lender agrees to such extension (each Lender that determines to so extend its Maturity Date, an “Extending Lender”). Each Lender that determines not to so extend its Maturity Date (a “Non-Extending Lender”) shall notify the Administrative Agent of such fact promptly after such determination (but in any event no later than the Lender Notice Date), and any Lender that does not so advise the Administrative Agent on or before the Lender Notice Date shall be deemed to be a Non-Extending Lender. The election of any Lender to agree to such extension shall not obligate any other Lender to so agree, and it is understood and agreed that no Lender shall have any obligation whatsoever to agree to any request made by the Company for extension of the Maturity Date.

Appears in 8 contracts

Samples: Credit Agreement (Fiserv Inc), Credit Agreement (Fiserv Inc), Credit Agreement (Fiserv Inc)

Lender Elections to Extend. Each Lender, acting in its sole and individual discretion, shall, by notice to the Administrative Agent given not later than the date that is 15 days after the date on which the Administrative Agent received the Company’s extension request (the “Lender Notice Date”), advise the Administrative Agent whether or not such Lender agrees to such extension (each applicable Lender that determines to so extend its Applicable Maturity Date, an “Extending Lender”). Each Lender that determines not to so extend its Applicable Maturity Date (a “Non-Extending Lender”) ), shall notify the Administrative Agent of such fact promptly after such determination (but in any event no later than the Lender Notice Date), and any Lender that does not so advise the Administrative Agent on or before the Lender Notice Date shall be deemed to be a Non-Extending Lender. The election of any Lender to agree to such extension shall not obligate any other Lender to so agree, and it is understood and agreed that no Lender shall have any obligation whatsoever to agree to any request made by the Company for extension of the Applicable Maturity Date.

Appears in 8 contracts

Samples: Credit Agreement (Capri Holdings LTD), Credit Agreement (Capri Holdings LTD), Credit Agreement (Michael Kors Holdings LTD)

Lender Elections to Extend. Each Lender, acting in its sole and individual discretion, shall, by notice to the Administrative Agent given not earlier than 30 days prior to the Existing Maturity Date and not later than the date that is 15 days after the date on which the Administrative Agent received the Company’s extension request (the “Lender Notice Date”)) that is 20 days prior to the Existing Maturity Date, advise the Administrative Agent whether or not such Lender agrees to such extension (each Lender that determines to so extend its Maturity Date, an “Extending Lender”). Each ; and each Lender that determines not to so extend its Maturity Date (Date, a “Non-Extending Lender”) shall notify the Administrative Agent of such fact promptly after such determination (but in any event no later than the Lender Notice Date), ) and any Lender that does not so advise the Administrative Agent on or before the Lender Notice Date shall be deemed to be a Non-Extending Lender. The election of any Lender to agree to such extension shall not obligate any other Lender to so agree, and it is understood and agreed that no Lender shall have any obligation whatsoever to agree to any request made by the Company for extension of the Maturity Date.

Appears in 6 contracts

Samples: Credit Agreement (TerrAscend Corp.), Credit Agreement (TerrAscend Corp.), Credit Agreement (TerrAscend Corp.)

Lender Elections to Extend. Each Lender, acting in its sole and individual discretion, shall, by notice to the Administrative Agent given not later than the date that is 15 days after the date on which the Administrative Agent received the CompanyBorrower’s extension request (the “Lender Notice Date”), advise the Administrative Agent whether or not such Lender agrees to such extension (each Lender that determines to so extend its Maturity Date, an “Extending Lender”). Each Lender that determines not to so extend its Maturity Date (a “Non-Extending Lender”) shall notify the Administrative Agent of such fact promptly after such determination (but in any event no later than the Lender Notice Date), and any Lender that does not so advise the Administrative Agent on or before the Lender Notice Date shall be deemed to be a Non-Extending Lender. The election of any Lender to agree to such extension shall not obligate any other Lender to so agree, and it is understood and agreed that no Lender shall have any obligation whatsoever to agree to any request made by the Company Borrower for extension of the Maturity Date.

Appears in 6 contracts

Samples: Credit Agreement (Sprouts Farmers Market, Inc.), Assignment and Assumption Agreement (Fluor Corp), Agreement (Fluor Corp)

Lender Elections to Extend. Each Lender, acting in its sole and individual discretion, shall, by notice to the Administrative Agent given not later than the date (the “Notice Date”) that is 15 days after the date on which of the Company’s notice to the Administrative Agent received the Company’s extension request under subsection (the “Lender Notice Date”)a) above, advise the Administrative Agent (and the Administrative Agent shall upon the Company’s request prior to the Notice Date advise the Company as to Lenders’ responses) whether or not such Lender agrees to such extension (extension, and each Lender that determines to so extend its Maturity Date, an “Extending Lender”). Each Lender that determines not to so extend its Maturity Date (a “Non-Extending Lender”) shall notify the Administrative Agent of such fact promptly after such determination (but in any event no later than the Lender Notice Date); provided, and that any Lender that does not so advise the Administrative Agent on or before the Lender Notice Date shall be deemed to be a Non-Extending Lender. The election of any Lender to agree to such extension shall not obligate any other Lender to so agree, and it is understood and agreed that no Lender shall have any obligation whatsoever to agree to any request made by the Company for extension of the Maturity Date.

Appears in 5 contracts

Samples: Credit Agreement (Plains All American Pipeline Lp), Credit Agreement (Plains Gp Holdings Lp), Credit Agreement (Plains Gp Holdings Lp)

Lender Elections to Extend. Each Lender, acting in its sole and individual discretion, shall, by notice to the Global Administrative Agent given not later than the date that is 15 days after the date on which the Global Administrative Agent received the CompanyHarley’s extension request (the “Lender Notice Date”), advise the Global Administrative Agent whether or not such Lender agrees to such extension (each Lender that determines to so extend its Maturity Termination Date, an “Extending Lender”). Each Lender that determines not to so extend its Maturity Termination Date (a “Non-Extending Lender”) shall notify the Global Administrative Agent of such fact promptly after such determination (but in any event no later than the Lender Notice Date), and any Lender that does not so advise the Global Administrative Agent on or before the Lender Notice Date shall be deemed to be a Non-Extending Lender. The election of any Lender to agree to such extension shall not obligate any other Lender to so agree, and it is understood and agreed that no Lender shall have any obligation whatsoever to agree to any request made by the Company Harley for extension of the Maturity Termination Date.

Appears in 4 contracts

Samples: Credit Agreement (Harley Davidson Inc), Credit Agreement (Harley Davidson Inc), Credit Agreement (Harley Davidson Inc)

Lender Elections to Extend. Each Lender, acting in its sole and individual discretion, shall, by notice to the Administrative Agent given not later than the date that is 15 20 days after the date on which the Administrative Agent received the CompanyBorrower’s extension request (the “Lender Notice Date”), advise the Administrative Agent whether or not such Lender agrees to such extension (each Lender that determines to so extend its Maturity Date, an “Extending Lender”). Each Lender that determines not to so extend its Maturity Date (a “Non-Extending Lender”) shall notify the Administrative Agent of such fact promptly after such determination (but in any event no later than the Lender Notice Date), and any Lender that does not so advise the Administrative Agent on or before the Lender Notice Date shall be deemed to be a Non-Extending Lender. The election of any Lender to agree to such extension shall not obligate any other Lender to so agree, and it is understood and agreed that no Lender shall have any obligation whatsoever to agree to any request made by the Company for extension of the Maturity Date.

Appears in 4 contracts

Samples: Credit Agreement (FMC Technologies Inc), Credit Agreement (FMC Technologies Inc), Credit Agreement (FMC Technologies Inc)

Lender Elections to Extend. Each Lender, acting in its sole and individual discretion, shall, by notice to the Administrative Agent given not later than the date that is 15 20 days after the date on which the Administrative Agent received the CompanyBorrower’s extension request (the “Lender Notice Date”), advise the Administrative Agent whether or not such Lender agrees to such extension (each Lender that determines to so extend its Applicable Maturity Date, an “Extending Lender”). Each Lender that determines not to so extend its Applicable Maturity Date (a “Non-Extending Lender”) shall notify the Administrative Agent of such fact promptly after such determination (but in any event no later than the Lender Notice Date), and any Lender that does not so advise the Administrative Agent on or before the Lender Notice Date shall be deemed to be a Non-Extending Lender. The election of any Lender to agree to such extension shall not obligate any other Lender to so agree, and it is understood and agreed that no Lender shall have any obligation whatsoever to agree to any request made by the Company Borrower for extension of the Applicable Maturity Date.

Appears in 3 contracts

Samples: Credit Agreement (New Fortress Energy Inc.), Credit Agreement (New Fortress Energy Inc.), Credit Agreement (New Fortress Energy Inc.)

Lender Elections to Extend. Each Revolving Lender or Term Lender, as applicable, acting in its sole and individual discretion, shall, by notice to the Administrative Agent given not later than the date that is 15 days after the date on which the Administrative Agent received the Company’s extension request (the “Lender Notice Date”)) that is 30 days prior to the Existing Termination Date, advise the Administrative Agent whether or not such Lender agrees to such extension (each Lender that determines to so extend its Maturity Date, an “Extending Lender”)Termination Date Extension Request. Each Revolving Lender or Term Lender, as applicable, that determines not to so extend its Maturity Termination Date (a “Non-Extending Lender”) shall notify the Administrative Agent of such fact promptly after such determination (but in any event no later than the Lender Notice Date), and it being understood that any Lender that does not so advise the Administrative Agent of its determination on or before the Lender Notice Date shall be deemed to be a Non-Extending Lender. The election of any Lender to agree to such an extension shall not obligate any other Lender to so agree, and it is understood and agreed that no Lender . The Administrative Agent shall have any obligation whatsoever to agree to any request made by notify the Company for extension of each Lender’s determination under this Section no later than 29 days prior to the Maturity DateExisting Termination Date (or, if such date is not a Business Day, on the immediately succeeding Business Day).

Appears in 3 contracts

Samples: Pledge Agreement (Middleby Corp), Security Agreement (MIDDLEBY Corp), Credit Agreement (Middleby Corp)

Lender Elections to Extend. Each LenderLender of the applicable Class, acting in its sole and individual discretion, shall, by notice to the Administrative Agent (which shall be irrevocable unless the Company otherwise consents in writing in its sole discretion) given not later than the date that is 15 days after the date on which the Administrative Agent received the Company’s extension request (the “Lender Notice Date”), advise the Administrative Agent whether or not such Lender agrees to such extension (each Lender of the applicable Class that determines to so extend its Applicable Maturity Date, an “Extending Lender”). Each Lender of the applicable Class that determines not to so extend its Applicable Maturity Date (a “Non-Extending Lender”) shall notify the Administrative Agent of such fact promptly after such determination (but in any event no later than the Lender Notice Date), and any Lender of the applicable Class that does not so advise the Administrative Agent on or before the Lender Notice Date shall be deemed to be a Non-Extending Lender. The election of any Lender to agree to such extension shall not obligate any other Lender to so agree, and it is understood and agreed that no Lender shall have any obligation whatsoever to agree to any request made by the Company for extension of the Applicable Maturity Date.

Appears in 3 contracts

Samples: Credit Agreement (Modine Manufacturing Co), Credit Agreement (nVent Electric PLC), Credit Agreement (PENTAIR PLC)

Lender Elections to Extend. Each Lender, acting in its sole and individual discretion, shall, by notice to the Administrative Agent Agent, L/C Issuers and Swing Line Lender given not later than prior to the date (the “Notice Date”) that is 15 days after subsequent to the date on which the Administrative Agent received Borrower requests an extension of the Company’s extension request (the “Lender Notice Maturity Date”), advise the Administrative Agent Agent, L/C Issuers and Swing Line Lender whether or not such Lender agrees to such extension (and each Lender that determines to so extend its Maturity Date, an “Extending Lender”). Each Lender that determines not to so extend its Maturity Date (a “Non-Extending Lender”) shall notify the Administrative Agent Agent, L/C Issuers and Swing Line Lender of such fact promptly after such determination (but in any event no later than the Lender Notice Date), ) and any Lender that does not so advise the Administrative Agent Agent, L/C Issuers and Swing Line Lender on or before the Lender Notice Date shall be deemed to be a Non-Extending Lender). The election of any Lender to agree to such extension shall not obligate any other Lender to so agree, and it is understood and agreed that no Lender shall have any obligation whatsoever to agree to any request made by the Company for extension of the Maturity Date.

Appears in 2 contracts

Samples: Credit Agreement (Cisco Systems, Inc.), Credit Agreement (Cisco Systems, Inc.)

Lender Elections to Extend. Each LenderLender of the applicable Class, acting in its sole and individual discretion, shall, by notice to the Administrative Agent (which shall be irrevocable unless the Borrower otherwise consents in writing in its sole discretion) given not later than the date that is 15 days after the date on which the Administrative Agent received the CompanyBorrower’s extension request (the “Lender Notice Date”), advise the Administrative Agent whether or not such Lender Xxxxxx agrees to such extension (each Lender of the applicable Class that determines to so extend its Applicable Maturity Date, an “Extending Lender”). Each Lender of the applicable Class that determines not to so extend its Applicable Maturity Date (a “Non-Extending Lender”) shall notify the Administrative Agent of such fact promptly after such determination (but in any event no later than the Lender Notice Date), and any Lender of the applicable Class that does not so advise the Administrative Agent on or before the Lender Notice Date shall be deemed to be a Non-Extending Lender. The election of any Lender to agree to such extension shall not obligate any other Lender to so agree, and it is understood and agreed that no Lender shall have any obligation whatsoever to agree to any request made by the Company Borrower for extension of the Applicable Maturity Date.

Appears in 2 contracts

Samples: Credit Agreement (Phinia Inc.), Credit Agreement (Phinia Inc.)

Lender Elections to Extend. Each Lender, acting in its sole and individual discretion, shall, by notice to the Administrative Agent given not later than the date (the “Notice Date”) that is 15 days after the date on which the Administrative Agent received the Company’s extension request (the “Lender Notice Date”)following receipt of an Extension Notice, advise the Administrative Agent whether or not such Lender agrees to such extension (and each Lender that determines does not agree to so extend its Maturity Date, an “Extending Lender”). Each Lender that determines not to so extend its Maturity Date such extension (a “Non-Non Extending Lender”) shall notify the Administrative Agent of such fact promptly after such determination (but in any event no later than the Lender Notice Date)), and any Lender that does not so advise the Administrative Agent on or before the Lender Notice Date shall be deemed to be a Non-Non Extending Lender. The election of any Lender to agree to such extension (an “Extending Lender”) shall not obligate any other Lender to so agree, and it is understood and agreed . In the event that no Lender shall have any obligation whatsoever to agree to any request made by the Company for extension aggregate principal amount of the Maturity DateCommitment or Loan, as applicable, that is subject to the Borrowers’ request for such extension is less than the aggregate amount of Commitments or Loans, as applicable, of the Extending Lenders, such extension shall apply, on a pro rata basis, to each Extending Lender’s Commitment or Loans, as applicable.

Appears in 2 contracts

Samples: Credit Agreement (Mitel Networks Corp), Credit Agreement (Mitel Networks Corp)

Lender Elections to Extend. Each applicable Lender, acting in its sole and individual discretion, shall, by written notice to the Administrative Agent given by a date specified by the Administrative Agent (which such date shall not later be earlier than the date that is 15 ten (10) days after notice is provided to the date on which applicable Lenders, and in any event not earlier than thirty (30) days nor later than twenty (20) days prior to the Administrative Agent received applicable Expiration Date in the Company’s extension request case of extensions of the Expiration Date) (the “Lender Notice Date”), advise the Administrative Agent whether or not such Lender Xxxxxx agrees to such extension (extension, and each Lender that determines to so extend its Maturity Date, an “Extending Lender”). Each Lender that determines not to so extend its Expiration Date or Term Loan Maturity Date (a “Non-Extending Lender”) shall notify the Administrative Agent in writing of such fact promptly after such determination (but in any event no later than the Lender Notice Date), ) and any Lender that does not so advise the Administrative Agent on or before the Lender Notice Date shall be deemed to be a Non-Extending Lender. The election of any Lender to agree to such extension shall not obligate any other Lender to so agree, and it is understood and agreed that no Lender shall have any obligation whatsoever to agree to any request made by the Company for extension of the Maturity Date.

Appears in 2 contracts

Samples: Credit Agreement (Cadre Holdings, Inc.), Credit Agreement (Cadre Holdings, Inc.)

Lender Elections to Extend. Each Lender, acting in its sole and individual discretion, shall, by notice to the Administrative Agent given not later than the date that is 15 days after the date on which the Administrative Agent received the CompanyBorrower’s extension request (the “Lender Notice Date”), advise the Administrative Agent whether or not such Lender agrees to such extension (each Lender that determines to so extend its Maturity Commitment Termination Date, an “Extending Lender”). Each Lender that determines not to so extend its Maturity Commitment Termination Date (a “Non-Extending Lender”) shall notify the Administrative Agent of such fact promptly after such determination (but in any event no later than the Lender Notice Date), and any Lender that does not so advise the Administrative Agent on or before the Lender Notice Date shall be deemed to be a Non-Extending Lender. The election of any Lender to agree to such extension shall not obligate any other Lender to so agree, and it is understood and agreed that no Lender shall have any obligation whatsoever to agree to any request made by the Company Borrower for extension of the Maturity Commitment Termination Date.

Appears in 2 contracts

Samples: Credit Agreement (Hawaiian Electric Co Inc), Credit Agreement (Hawaiian Electric Co Inc)

Lender Elections to Extend. Each Lender, acting in its sole and individual discretion, shall, by notice to the Administrative Agent given not earlier than 45 days prior to the Existing Commitment Termination Date and not later than the date (the "Notice Date") that is 15 30 days after prior to the date on which the Administrative Agent received the Company’s extension request (the “Lender Notice Existing Commitment Termination Date”), advise the Administrative Agent whether or not such Lender agrees to such extension (and each Lender that determines to so extend its Maturity Date, an “Extending Lender”). Each Lender that determines not to so extend its Maturity Commitment Termination Date (a "Non-Extending Lender") shall notify the Administrative Agent (which shall notify the other Lenders) of such fact promptly after such determination (but in any event no later than the Lender Notice Date), ) and any Lender that does not so advise the Administrative Agent on or before the Lender Notice Date shall be deemed to be a Non-Extending Lender. The election of any Lender to agree to such extension shall not obligate any other Lender to so agree, and it is understood and agreed that no . The 364-Day Credit Agreement Commitments of each Non-Extending Lender shall have any obligation whatsoever be terminated on the Existing Commitment Termination Date unless such Non-Extending Lender is replaced pursuant to agree to any request made by the Company for extension paragraph (d) of the Maturity Datethis Section.

Appears in 1 contract

Samples: 364 Day Credit Agreement (International Paper Co /New/)

Lender Elections to Extend. Each Lender, acting in its sole and individual discretion, shall, by notice to the Administrative Agent given not later than within 30 days of such Lender’s receipt of the date that is 15 days after the date on which Extension Request from the Administrative Agent received the Company’s extension request (the “Lender Notice Date”), advise the Administrative Agent whether or not such Lender agrees to such extension (and each Lender that determines to so extend its Maturity Date, an “Extending Lender”). Each Lender that determines not to so extend its Maturity Date (a “Non-Extending Lender”) shall notify the Administrative Agent of such fact promptly after such determination (but in any event no later than the Lender Notice Date), ) and any Lender that does not so advise the Administrative Agent on or before the Lender Notice Date (the “Response Deadline”) shall be deemed to be a Non-Extending Lender. The election of any Lender to agree to such extension shall not obligate any other Lender to so agree, and . Any election by a Lender to extend its then Existing Maturity Date shall be in regard to each Tranche with respect to which it is understood and agreed that no Lender shall have any obligation whatsoever to agree to any request made by the Company for extension of the Maturity Datehas a Commitment.

Appears in 1 contract

Samples: Five Year Credit Agreement (Edwards Lifesciences Corp)

Lender Elections to Extend. Each LenderLender and Issuing Lender under the applicable Facility, acting in its sole and individual discretion, shall, by notice to the Administrative Agent given not earlier than 30 days prior to the applicable Existing Maturity Date for such Facility and not later than the date that is 15 days after the date on which the Administrative Agent received the Company’s extension request (the “Lender Notice Date”)) that is 20 days prior to the applicable Existing Maturity Date for such Facility, advise the Administrative Agent whether or not such Lender it agrees to such extension (and each Lender that determines to so extend its Maturity Date, an “Extending Lender”). Each and Issuing Lender that determines not to so extend its applicable Maturity Date for such Facility (a “Non-Extending Lender”)) shall notify the Administrative Agent of such fact promptly after such determination (but in any event no later than the Lender Notice Date), ) and any Lender or Issuing Lender under such Facility that does not so advise the Administrative Agent on or before the Lender Notice Date shall be deemed to be a Non-Extending Lender. The election of any Lender or Issuing Lender to agree to such extension shall not obligate any other Lender or Issuing Lender to so agree, and it is understood and agreed that no Lender shall have any obligation whatsoever to agree to any request made by the Company for extension of the Maturity Date.

Appears in 1 contract

Samples: Credit Agreement (ATN International, Inc.)

Lender Elections to Extend. Each Lender, acting in its sole and individual discretion, shall, by notice to the Administrative Agent given not later than the date that is 15 days after the date on which the Administrative Agent received the Company’s extension request (the “Lender Notice Date”)) that is twenty-five (25) days prior to the date that is one year prior to the Maturity Date, advise the Administrative Agent whether or not such Lender agrees to such extension (extension, and each Lender that determines to so extend its Maturity Date, an “Extending Lender”). Each Lender that determines not to so extend its Maturity Date (a “Non-Extending Lender”) shall notify the Administrative Agent of such fact promptly after such determination (but in any event no later than the Lender Notice Date), ) and any Lender that does not so advise the Administrative Agent on or before the Lender Notice Date shall be deemed to be a Non-Extending Lender. The election of any Lender to agree to such extension shall not obligate any other Lender to so agree, and it is understood and agreed that no Lender shall have any obligation whatsoever to agree to any request made by the Company Borrower for extension of the Maturity Date.

Appears in 1 contract

Samples: Credit Agreement (Thomas & Betts Corp)

Lender Elections to Extend. Each LenderLender and each L/C Issuer, acting in its sole and individual discretion, shall, by written notice to the Administrative Agent given not later than 30 days following the date that is 15 days after of the date on which the Administrative Agent received the Company’s extension request Extension Request (the “Lender Notice Date”), advise the Administrative Agent whether or not such Lender it agrees to such extension (extension, and each Lender that determines to so extend its Maturity Dateand/or each L/C Issuer, an “Extending Lender”). Each Lender as the case may be, that determines not to so extend its Maturity Date (a “Non-Extending Lender”) shall notify the Administrative Agent of such fact promptly after such determination (but in any event no later than the Lender Notice Date), ) and any Lender and/or any L/C Issuer, as the case may be, that does not so advise the Administrative Agent on or before the Lender Notice Date shall be deemed to be a Non-Extending Lender. The election of any Lender or any L/C Issuer to agree to such extension shall not obligate any other Lender or any other L/C Issuer to so agree, and it is understood and agreed that no nor shall the agreement by any Lender shall have or any obligation whatsoever L/C Issuer to a prior Extension Request obligate such Lender or such L/C Issuer to agree to any request made by the Company for extension of the Maturity Datea subsequent Extension Request.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (James Hardie Industries PLC)

Lender Elections to Extend. Each Lender and Issuing Lender, acting in its sole and individual discretion, shall, by notice to the Administrative Agent given not earlier than 35 Business Days prior to the Existing Maturity Date, and not later than the date that is 15 days after the date on which the Administrative Agent received the Company’s extension request (the “Lender Notice Date”)) that is 25 Business Days prior to the Existing Maturity Date, advise the Administrative Agent whether or not such Lender it agrees to such extension (and each Lender that determines to so extend its Maturity Date, an “Extending Lender”). Each and Issuing Lender that determines not to so extend its Maturity Date (a “Non-Extending Lender”) ), shall notify the Administrative Agent of such fact promptly after such determination (but in any event no later than the Lender Notice Date), ) and any Lender or Issuing Lender that does not so advise the Administrative Agent on or before the Lender Notice Date shall be deemed to be a Non-Extending Lender. The election of any Lender or Issuing Lender to agree to such extension shall not obligate any other Lender or Issuing Lender to so agree, and it is understood and agreed that no Lender shall have any obligation whatsoever to agree to any request made by the Company for extension of the Maturity Date.

Appears in 1 contract

Samples: Credit Agreement (Amn Healthcare Services Inc)

Lender Elections to Extend. Each Lender, acting in its sole and individual discretion, shall, by notice to the Administrative Agent given not later earlier than the 20th day (or such later date that is 15 days after as shall be acceptable to the Company and the Administrative Agent) (the “Notice Date”) following the date on which the Administrative Agent received of the Company’s extension request (the “Lender Notice Date”)notice, advise the Company and the Administrative Agent whether or not such Lender agrees to such extension (extension, and each Lender that determines to so extend its Maturity Date, an “Extending Lender”). Each Lender that determines not to so extend its Maturity Date (a “Non-Extending Lender”) shall notify the Company and the Administrative Agent of such fact promptly after such determination (but in any event no later than the Lender Notice Date), ) and any Lender that does not so advise the Administrative Agent on or before the Lender Notice Date shall be deemed to be a Non-Extending Lender. The Notwithstanding anything herein to the contrary, no Lender shall have any obligation to agree to extend such Lender’s Maturity Date and any election to do so shall be in the sole discretion of each Lender, and the election of any Lender to agree to such extension shall not obligate any other Lender to so agree, and it is understood and agreed that no Lender shall have any obligation whatsoever to agree to any request made by the Company for extension of the Maturity Date.

Appears in 1 contract

Samples: Credit Agreement (Newell Rubbermaid Inc)

Lender Elections to Extend. Each Lender, acting in its sole and individual discretion, shall, by notice to the Administrative Agent Agent, L/C Issuers and Swing Line Lender given not later than prior to the date (the "Notice Date") that is 15 days after subsequent to the date on which the Administrative Agent received Borrower requests an extension of the Company’s extension request (the “Lender Notice Maturity Date”), advise the Administrative Agent Agent, L/C Issuers and Swing Line Lender whether or not such Lender agrees to such extension (and each Lender that determines to so extend its Maturity Date, an “Extending Lender”). Each Lender that determines not to so extend its Maturity Date (a “Non-Extending "Non‑Extending Lender") shall notify the Administrative Agent Agent, L/C Issuers and Swing Line Lender of such fact promptly after such determination (but in any event no later than the Lender Notice Date), ) and any Lender that does not so advise the Administrative Agent Agent, L/C Issuers and Swing Line Lender on or before the Lender Notice Date shall be deemed to be a Non-Extending Non‑Extending Lender. The election of any Lender to agree to such extension shall not obligate any other Lender to so agree, and it is understood and agreed that no Lender shall have any obligation whatsoever to agree to any request made by the Company for extension of the Maturity Date.

Appears in 1 contract

Samples: Credit Agreement (Cisco Systems, Inc.)

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Lender Elections to Extend. Each Lender, acting in its sole and individual discretion, shall, by notice to the Administrative Agent given not later than the date (the “Notice Date”) that is 15 days after the date on which the Administrative Agent received the Company’s extension request (the “Lender Notice Date”)following receipt of an Extension Notice, advise the Administrative Agent whether or not such Lender agrees to such extension (and each Lender that determines does not agree to so extend its Maturity Date, an “Extending Lender”). Each Lender that determines not to so extend its Maturity Date such extension (a “Non-Non Extending Lender”) shall notify the Administrative Agent of such fact promptly after such determination (but in any event no later than the Lender Notice Date)), and any Lender that does not so advise the Administrative Agent on or before the Lender Notice Date shall be deemed to be a Non-Non Extending Lender. The election of any Lender to agree to such extension (an “Extending Lender”) shall not obligate any other Lender to so agree, and it is understood and agreed . In the event that no Lender shall have any obligation whatsoever to agree to any request made by the Company for extension aggregate principal amount of the Maturity DateCommitment or Loan, as applicable, that is subject to the Borrower’s request for such extension is less than the aggregate amount of Commitments or Loans, as applicable, of the Extending Lenders, such extension shall apply, on a pro rata basis, to each Extending Lender’s Commitment or Loans, as applicable.

Appears in 1 contract

Samples: Credit Agreement (Mitel Networks Corp)

Lender Elections to Extend. Each Lender, acting in its sole and individual discretion, shall, by notice to the Administrative Agent given not later than the date (the “Notice Date”) that is 15 days after the date on which the Administrative Agent received the Company’s extension request (the “Lender Notice Date”)following receipt of an Extension Notice, advise the Administrative Agent whether or not such Lender agrees to such extension (and each Lender that determines does not agree to so extend its Maturity Date, an “Extending Lender”). Each Lender that determines not to so extend its Maturity Date such extension (a “Non-Extending Lender”) shall notify the Administrative Agent of such fact promptly after such determination (but in any event no later than the Lender Notice Date)), and any Lender that does not so advise the Administrative Agent on or before the Lender Notice Date shall be deemed to be a Non-Extending Lender. The election of any Lender to agree to such extension (an “Extending Lender”) shall not obligate any other Lender to so agree, and it is understood and agreed . In the event that no Lender shall have any obligation whatsoever to agree to any request made by the Company for extension aggregate principal amount of the Maturity DateCommitment or Loan, as applicable, that is subject to the Borrower’s request for such extension is less than the aggregate amount of Commitments or Loans, as applicable, of the Extending Lenders, such extension shall apply, on a pro rata basis, to each Extending Lender’s Commitment or Loans, as applicable.

Appears in 1 contract

Samples: Credit Agreement (Mitel Networks Corp)

Lender Elections to Extend. Each Lender, acting in its sole and individual discretion, shall, by notice to the Administrative Agent given not later than the date that is 15 days after the date on which the Administrative Agent received the Company’s extension request (the “Lender Notice Date”), advise the Administrative Agent whether or not such Lender agrees to such extension (each Lender that determines to so extend its Revolving Credit Maturity Date, an “Extending Lender”). Each Lender that determines not to so extend its Revolving Credit Maturity Date (a “Non-Extending Lender”) shall notify the Administrative Agent of such fact promptly after such determination (but in any event no later than the Lender Notice Date), and any Lender that does not so advise the Administrative Agent on or before the Lender Notice Date shall be deemed to be a Non-Extending Lender. The election of any Lender to agree to such extension shall not obligate any other Lender to so agree, and it is understood and agreed that no Lender shall have any obligation whatsoever to agree to any request made by the Company for extension of the Revolving Credit Maturity Date.

Appears in 1 contract

Samples: Credit Agreement (Cooper Tire & Rubber Co)

Lender Elections to Extend. Each Lender, acting in its sole and individual discretion, shall, by notice to the Administrative Agent Agent, L/C Issuers and Swing Line Lender given not later than prior to the date (the "Notice Date") that is 15 days after subsequent to the date on which the Administrative Agent received Borrower requests an extension of the Company’s extension request (the “Lender Notice Maturity Date”), advise the Administrative Agent Agent, L/C Issuers and Swing Line Lender whether or not such Lender agrees to such extension (and each Lender that determines to so extend its Maturity Date, an “Extending Lender”). Each Lender that determines not to so extend its Maturity Date (a “Non-Extending "Non‑Extending Lender") shall notify the Administrative Agent Agent, L/C Issuers and Swing Line Lender of such fact promptly after such determination (but in any event no later than the Lender Notice Date), ) and any Lender that does not so advise the Administrative Agent Agent, L/C Issuers and Swing Line Lender on or before the Lender Notice Date shall be deemed to be a Non-Extending Non‑Extending Lender). The election of any Lender to agree to such extension shall not obligate any other Lender to so agree, and it is understood and agreed that no Lender shall have any obligation whatsoever to agree to any request made by the Company for extension of the Maturity Date.

Appears in 1 contract

Samples: Credit Agreement (Cisco Systems, Inc.)

Lender Elections to Extend. Each Lender, acting in its sole and individual discretion, shall, by notice to the Administrative Agent given not later than the date that is 15 days after the date on which the Administrative Agent received the Company’s extension request (the “applicable Lender Notice Date”), advise the Administrative Agent whether or not such Lender agrees to such extension (each Lender that determines to so extend its Maturity Date, an “Extending Lender”). Each Lender that determines not to so extend its Maturity Date (a “Non-Extending Lender”) shall notify the Administrative Agent of such fact promptly after such determination (but in any event no later than the Lender Notice Date), and any Lender that does not so advise the Administrative Agent on or before the Lender Notice Date shall be deemed to be a Non-Extending Lender. The election of any Lender to agree to such extension shall not obligate any other Lender to so agree, and it is understood and agreed that no Lender shall have any obligation whatsoever to agree to any request made by the Company for extension of the Maturity Date.

Appears in 1 contract

Samples: Credit Agreement (Watts Water Technologies Inc)

Lender Elections to Extend. Each LenderLender of the applicable Class, acting in its sole and individual discretion, shall, by notice to the Administrative Agent given not later than the date that is 15 days after the date on which the Administrative Agent received the Company’s extension request (the “applicable Lender Notice Date”), advise the Administrative Agent whether or not such Lender agrees to such extension (each such Lender that determines to so extend its Maturity Date, an “Extending Lender”). Each Lender of the applicable Class that determines not to so extend its Maturity Date (a “Non-Extending Lender”) shall notify the Administrative Agent of such fact promptly after such determination (but in any event no later than the Lender Notice Date), and any such Lender of the applicable Class that does not so advise the Administrative Agent on or before the Lender Notice Date shall be deemed to be a Non-Extending Lender. The election of any Lender of the applicable Class to agree to such extension shall not obligate any other Lender to so agree, and it is understood and agreed that no Lender shall have any obligation whatsoever to agree to any request made by the Company for extension of the Maturity Date.

Appears in 1 contract

Samples: Credit Agreement (Watts Water Technologies Inc)

Lender Elections to Extend. Each Lender, acting in its sole and individual discretion, shall, by notice to the Administrative Agent given not later than the date that is 15 days after the date on which the Administrative Agent received the Company’s extension request (the “Lender Notice Date”), advise the Administrative Agent whether or not such Lender agrees to such extension (each Lender that determines to so extend its Maturity Facility Termination Date, an “Extending Lender”). Each Lender that determines not to so extend its Maturity Facility Termination Date (a “Non-Extending Lender”) shall notify the Administrative Agent of such fact promptly after such determination (but in any event no later than the Lender Notice Date), and any Lender that does not so advise the Administrative Agent on or before the Lender Notice Date shall be deemed to be a Non-Extending Lender. The election of any Lender to agree to such extension shall not obligate any other Lender to so agree, and it is understood and agreed that no Lender shall have any obligation whatsoever to agree to any request made by the Company for extension of the Maturity Facility Termination Date.

Appears in 1 contract

Samples: Credit Agreement (Emerson Electric Co)

Lender Elections to Extend. Each Lender, Lender in each Lender Group acting in its sole and individual discretion, shall, by notice to its Group Agent (who shall notify the Administrative Agent Agent) given not earlier than 30 days prior to the Existing Scheduled Termination Date and not later than the date that is 15 days after the date on which the Administrative Agent received the Company’s extension request (the “Lender Notice Date”)) that is 20 days prior to the Existing Scheduled Termination Date, advise the Administrative Agent whether or not such Lender Group agrees to such extension (and each Lender that determines to so extend its Maturity Date, an “Extending Lender”). Each Lender Group that determines not to so extend its Maturity Scheduled Termination Date (a “Non-Extending LenderLender Group”) shall notify the Administrative Agent of such fact promptly after such determination (but in any event no later than the Lender Notice Date), ) and any Lender that Group whose Group Agent does not so advise the Administrative Agent on or before the Lender Notice Date shall be deemed to be a Non-Extending LenderLender Group. The election of any Lender or Lender Group to agree to such extension shall not obligate any other Lender to so agree, and it is understood and agreed that no Lender shall have any obligation whatsoever to agree to any request made by the Company for extension of the Maturity Date.

Appears in 1 contract

Samples: Credit Agreement (CAI International, Inc.)

Lender Elections to Extend. Each Lender, acting in its sole and individual discretion, shall, by notice to the Administrative Agent given not earlier than 30 days prior to the Extension Date and not later than the date (the "NOTICE DATE") that is 15 20 days after prior to the date on which the Administrative Agent received the Company’s extension request (the “Lender Notice Extension Date”), advise the Administrative Agent whether or not such Lender agrees to such extension (and each Lender that determines to so extend its Maturity Date, an “Extending Lender”). Each Lender that determines not to so extend its Revolving Credit Maturity Date (a “Non"NON-Extending Lender”EXTENDING LENDER") shall notify the Administrative Agent of such fact promptly after such determination (but in any event no later than the Lender Notice Date), ) and any Lender that does not so advise the Administrative Agent on or before the Lender Notice Date shall be deemed to be a Non-Extending Lender. The election of any Lender to agree to such extension shall not obligate any other Lender to so agree. The Revolving Credit Commitments of a Non-Extending Lender shall terminate on the Existing Revolving Credit Maturity Date, and it is understood and agreed that no on such date (i) the loans made by such Non-Extending Lender shall have any obligation whatsoever to agree to any request made mature and be due and payable by the Company for extension of the Maturity DateBorrower, and (ii) all other amounts owing to such Non-Extending Lender hereunder shall be due and payable.

Appears in 1 contract

Samples: Revolving Credit Agreement (ITC Holdings Corp.)

Lender Elections to Extend. Each Lender, acting in its sole and individual discretion, shall, by notice to the Administrative Agent given not later than the date that is 15 days after the date on which the Administrative Agent received the Company’s extension request (the “Lender Notice Date”)) that is 10 days after receipt of notice of a maturity date extension request, advise the Administrative Agent whether or not such Lender agrees to such extension (each Lender that determines agreeing to so extend its Maturity Date, such extension being an “Extending Lender”). Each Lender that determines not to so extend its Maturity Date (a “Non-Extending Lender”) shall notify the Administrative Agent of such fact promptly after such determination (but in any event no later than the Lender Notice Date), and any . Any Lender that does not so advise the Administrative Agent that it is an Extending Lender on or before the Lender Notice Date shall be deemed to be a Non-Extending Lender. The election of any Extending Lender to agree to such extension shall not obligate any other Non-Extending Lender to so agree, agree (and it is understood and agreed that no Lender shall have any obligation whatsoever to agree to any request made by the Company for extension of the Maturity DateDate for each Non-Extending Lender will not be changed by this Section 2.15).

Appears in 1 contract

Samples: Credit Agreement (Danaher Corp /De/)

Lender Elections to Extend. Each Lender, acting in its sole and individual discretion, shall, by notice to the Administrative Agent given not later earlier than the 20th day (or such later date that is 15 days after as shall be acceptable to the Company and the Administrative Agent) (the “Notice Date”) following the date on which the Administrative Agent received of the Company’s extension request (the “Lender Notice Date”)notice, advise the Company and the Administrative Agent whether or not such Lender agrees to such extension (extension, and each Lender that determines to so extend its Maturity Date, an “Extending Lender”). Each Lender that determines not to so extend its Maturity Date (a “Non-Extending Lender”) shall notify the Company and the Administrative Agent of such fact promptly after such determination (but in any event no later than the Lender Notice Date), ) and any Lender that does not so advise the Administrative Agent on or before the Lender Notice Date shall be deemed to be a Non-Non Extending Lender. The Notwithstanding anything herein to the contrary, no Lender shall have any obligation to agree to extend such Lender’s Maturity Date and any election to do so shall be in the sole discretion of each Lender, and the election of any Lender to agree to such extension shall not obligate any other Lender to so agree, and it is understood and agreed that no Lender shall have any obligation whatsoever to agree to any request made by the Company for extension of the Maturity Date.

Appears in 1 contract

Samples: Credit Agreement (Newell Rubbermaid Inc)

Lender Elections to Extend. Each Lender, acting in its sole and individual discretion, shall, shall by written notice to the Administrative Agent given not later than the date that is 15 days after receiving the date on which applicable Extension Request from the Administrative Agent received the Company’s extension request (the “Lender Notice Date”), advise the Administrative Agent whether or not such Lender agrees to such extension Extension by a written notice in the form of Exhibit 2.14(B) (a “Continuation Notice”) (and each Lender that determines to so extend its Maturity Date, an “Extending Lender”). Each Lender that determines not to so extend its Maturity Expiration Date (a “Non-Extending Lender”) shall notify the Administrative Agent of such fact in writing (a “Notice of Non-Extension”) promptly after such determination (but in any event no later than the Lender Notice Date), ) and any Lender that does not so advise the Administrative Agent on or before the Lender Notice Date shall be deemed to be a Non-Non- Extending Lender. The election of any Lender to agree to such extension Extension shall not obligate oblige any other Lender to so agree, and it is understood and agreed that no Lender shall have any obligation whatsoever to agree to any request made by the Company for extension of the Maturity Date.. (c)

Appears in 1 contract

Samples: Credit Agreement (Dayton Power & Light Co)

Lender Elections to Extend. Each Lender, acting in its sole and individual discretion, shall, by notice to the Administrative Agent given not earlier than 30 days prior to the Existing Commitment Termination Date and not later than the date (the "Notice Date") that is 15 20 days after prior to the date on which the Administrative Agent received the Company’s extension request (the “Lender Notice Existing Commitment Termination Date”), advise the Administrative Agent whether or not such Lender agrees to such extension (extension, and each Lender that determines to so extend its Maturity Date, an “Extending Lender”). Each Lender that determines not to so extend its Maturity Commitment Termination Date (a "Non-Extending Lender") shall notify the Administrative Agent (which shall notify the other Lenders) of such fact promptly after such determination (but in any event no later than the Lender Notice Date), ) and any Lender that does not so advise the Administrative Agent on or before the Lender Notice Date shall be deemed to be a Non-Extending Lender. The election of any Lender to agree to such extension shall not obligate any other Lender to so agree, and it is understood and agreed that no Lender shall have any obligation whatsoever to agree to any request made by the Company for extension of the Maturity Date.

Appears in 1 contract

Samples: International Paper Co /New/

Lender Elections to Extend. Each Lender, acting in its sole and individual discretion, shall, shall by written notice to the Administrative Agent given not later than the date that is 15 days after receiving the date on which applicable Extension Request from the Administrative Agent received the Company’s extension request (the “Lender "Notice Date"), advise the Administrative Agent whether or not such Lender agrees to such extension Extension by a written notice in the form of Exhibit 2.14(B) (a "Continuation Notice") (and each Lender that determines to so extend its Maturity Date, an “Extending Lender”). Each Lender that determines not to so extend its Maturity Date (a "Non-Extending Lender") shall notify the Administrative Agent of such fact in writing (a "Notice of Non-Extension") promptly after such determination (but in any event no later than the Lender Notice Date), ) and any Lender that does not so advise the Administrative Agent on or before the Lender Notice Date shall be deemed to be a Non-Extending Lender. The election of any Lender to agree to such extension Extension shall not obligate oblige any other Lender to so agree, and it is understood and agreed that no Lender shall have any obligation whatsoever to agree to any request made by the Company for extension of the Maturity Date.

Appears in 1 contract

Samples: Credit Agreement (Ipalco Enterprises, Inc.)

Lender Elections to Extend. Each Lender, acting in its sole and individual discretion, shall, by notice to the Administrative Agent Agent, L/C Issuers and Swing Line Lender given not later than prior to the date that is 15 days after the date on which the Administrative Agent received the Company’s extension request (the “Lender Notice Date”) that is twenty (20) days subsequent to the date the Borrower requests an extension of the Maturity Date (or such other date as agreed by the Administrative Agent), advise the Administrative Agent Agent, L/C Issuers and Swing Line Lender whether or not such Lender agrees to such extension (and each Lender that determines to so extend its Maturity Date, an “Extending Lender”). Each Lender that determines not to so extend its Maturity Date (a “Non-Extending Lender”) shall notify the Administrative Agent Agent, L/C Issuers and Swing Line Lender of such fact promptly after such determination (but in any event no later than the Lender Notice Date), ) and any Lender that does not so advise the Administrative Agent Agent, L/C Issuers and Swing Line Lender on or before the Lender Notice Date shall be deemed to be a Non-Extending Lender). The election of any Lender to agree to such extension shall not obligate any other Lender to so agree, and it is understood and agreed that no Lender shall have any obligation whatsoever to agree to any request made by the Company for extension of the Maturity Date.

Appears in 1 contract

Samples: Credit Agreement (Cadence Design Systems Inc)

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