Reduction of Aggregate Commitment. Provided (a) no draw request is pending that would result in the outstanding principal balance of the Loan exceeding the Aggregate Commitment, and (b) that immediately after such reduction the outstanding principal balance of the Loan is less than or equal to the Aggregate Commitment, (which for the purposes of this Section shall include any amounts requested under a pending draw request), Borrower may (in its sole and absolute discretion) permanently reduce the available Aggregate Commitment of the Loan (without the payment of any prepayment fee, other than break funding, including any sums owing under Section 2.13 hereof, and any charges relating to early termination of any Swap Contracts), by giving Administrative Agent irrevocable notice of such reduction at least two (2) Business Days prior to the indicated effective date of the reduction. Each such reduction shall (a) be in a minimum amount of $1,000,000 (and in increments of $500,000 thereafter), (b) in no event reduce the Aggregate Commitment below the amount of the outstanding principal balance of the Loan, and (c) permanently reduce the maximum Aggregate Commitment of the Loan available to Borrower.
Appears in 1 contract
Sources: Term Loan Agreement (KBS Real Estate Investment Trust III, Inc.)
Reduction of Aggregate Commitment. Provided
(a) no draw request Draw Request is pending that would result in the outstanding principal balance of the Loan exceeding the Aggregate Commitment, and (b) that immediately after such reduction the outstanding principal balance of the Loan is less than or equal to the Aggregate Commitment, (which for the purposes of this Section shall include any amounts requested under a pending draw requestDraw Request), Borrower may (in its sole and absolute discretion) permanently reduce the available Aggregate Commitment of the Loan (without the payment of any prepayment fee, other than break funding, including any sums owing under Section 2.13 hereof, and any charges relating to early termination of any Swap Contracts), by giving Administrative Agent irrevocable notice of such reduction at least two (2) Business Days prior to the indicated effective date of the reduction. Each such reduction shall (a) be in a minimum amount of $1,000,000 (and in increments of $500,000 thereafter), (b) in no event reduce the Aggregate Commitment below $100,000,000 (unless the amount of the outstanding principal balance of the Loanentire Loan facility is being paid off), and (c) permanently reduce the maximum Aggregate Commitment of the Loan available to Borrower.Borrower (with appropriate adjustments to the Non-Revolving Portion and the Revolving Portion of the Loan). SMRH:4847-1441-2233.18 -92-
Appears in 1 contract
Sources: Revolving and Term Loan Agreement (KBS Real Estate Investment Trust III, Inc.)