Common use of Termination of Commitment Clause in Contracts

Termination of Commitment. The Company may terminate the unused amount of the Commitment of any Defaulting Lender upon not less than ten Business Days’ prior notice to the Agent (which shall promptly notify the Lenders thereof), and in such event the provisions of Section 2.20(a)(ii) will apply to all amounts thereafter paid by the Borrowers for the account of such Defaulting Lender under this Agreement (whether on account of principal, interest, fees, indemnity or other amounts); provided that (i) no Event of Default shall have occurred and be continuing, and (ii) such termination shall not be deemed to be a waiver or release of any claim any Borrower, the Agent or any Lender may have against such Defaulting Lender.

Appears in 5 contracts

Samples: Day Credit Agreement (Hershey Co), Credit Agreement (Hershey Co), Assignment and Assumption (Hershey Co)

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Termination of Commitment. The Company U.S. Borrower may terminate the unused amount of the Commitment of any a Defaulting Lender upon not less than ten three (3) Business Days’ prior notice to the Administrative Agent (which shall will promptly notify the Lenders thereof), and in such event the provisions of Section 2.20(a)(iiclause (ii) above will apply to all amounts thereafter paid by the Borrowers U.S. Borrower for the account of such Defaulting Lender under this Agreement (whether on account of principal, interest, fees, indemnity or other amounts); provided that (i) no Event of Default shall have occurred and be continuing, continuing and (ii) such termination shall will not be deemed to be a waiver or release of any claim any the U.S. Borrower, the Agent Administrative Agent, the Issuing Bank, the Swingline Lender or any Lender may have against such Defaulting Lender.

Appears in 3 contracts

Samples: Credit Agreement (Miller Herman Inc), Credit Agreement (Miller Herman Inc), Credit Agreement (Miller Herman Inc)

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