Common use of Reductions and Cancellations Clause in Contracts

Reductions and Cancellations. Borrower may, from time to time upon five Banking Days written notice to Administrative Agent, permanently reduce, by an amount of $10,000,000 or an integral multiple of $1,000,000 in excess thereof or cancel in its entirety the Total Loan Commitment, the Total Turbine Purchase Loan Commitment and/or the Total Letter of Credit Commitment. Notwithstanding the foregoing, Borrower may not reduce or cancel the Total Loan Commitment, the Total Turbine Purchase Loan Commitment and/or the Total Letter of Credit Commitment if, after giving effect to such reduction or cancellation, (a) the sum of the aggregate principal amount of all Loans then outstanding and the Aggregate LC Stated Amount together with all outstanding Reimbursement Obligations would exceed the Total Loan Commitment, (b) the Available Construction Funds would not, in the reasonable judgment of the Technical Committee and the Independent Engineer, be equal to or exceed remaining Project Costs for all Initial Projects and Funded Subsequent Projects, or (c) such reduction or cancellation would cause a violation of any other provision of this Agreement, the other Credit Documents, any Project Documents, any Turbine Purchase Contracts or have a Material Adverse Effect on Borrower, any Project Owner, any Initial Project or any Funded Subsequent Project. Borrower shall pay to Administrative Agent any Commitment Fees then due upon any cancellation and, from the effective date of any reduction, the Commitment Fees shall be computed on the basis of the Available Loan Commitment, as so reduced. Once reduced or canceled, none of the Total Loan Commitment may be increased or reinstated. Any reductions in the Total Loan Commitment, the Total Turbine Purchase Loan Commitment or the Total Letter of Credit Commitment pursuant to this Section 2.3.4 shall be applied ratably to each Bank's respective Commitments in accordance with Section 2.7.1.

Appears in 1 contract

Samples: Credit Agreement (Calpine Corp)

AutoNDA by SimpleDocs

Reductions and Cancellations. Borrower may, from time to time upon five Banking Days written notice to Administrative Agent, permanently reduce, by an amount of $10,000,000 or an integral multiple of $1,000,000 in excess thereof or cancel in its entirety the Total Loan Commitment, the Total Turbine Purchase Loan Commitment and/or the Total Letter of Credit Commitment. Notwithstanding the foregoing, Borrower may not reduce or cancel the Total Loan Commitment, the Total Turbine Purchase Loan Commitment and/or the Total Letter of Credit Commitment if, after giving effect to such reduction or cancellation, (a) the sum of the aggregate principal amount of all Loans then outstanding and the Aggregate LC Stated Amount together with all outstanding Reimbursement Obligations would exceed the Total Loan Commitment, (b) the Available Construction Funds would not, in the reasonable judgment of the Technical Committee and the Independent Engineer, be equal to or exceed remaining Project Costs for all Initial Projects and Funded Subsequent Projects, or (c) such reduction or cancellation would cause a violation of any other provision of this Agreement, the other Credit Documents, any Project Documents, any Turbine Purchase Contracts or have a Material Adverse Effect on Borrower, any Project Owner, any Initial Project or any Funded Subsequent Project. Borrower shall pay to Administrative Agent any Commitment Fees then due upon any cancellation and, from the effective date of any reduction, the Commitment Fees shall be computed on the basis of the Available Loan Commitment, as so reduced. Once reduced or canceled, none of the Total Loan Commitment may be increased or reinstated. Any reductions in the Total Loan Commitment, the Total Turbine Purchase Loan Commitment or the Total Letter of Credit Commitment pursuant to this Section 2.3.4 shall be applied ratably to each Bank's respective Commitments in accordance with Section 2.7.1.

Appears in 1 contract

Samples: Security Agreement (Calpine Corp)

Reductions and Cancellations. Borrower may, from time to time upon five three Banking Days Days' written notice to Administrative AgentAgent (who shall promptly deliver such notice to the Lenders), permanently reduce, by an amount of $10,000,000 or an integral multiple of $1,000,000 in excess thereof or cancel in its entirety the Total Loan Commitmententirety, the Total Turbine Purchase Loan Commitment and/or applicable to either Facility. Any reduction of the Total 3-Year Facility Commitment shall not affect the Total Letter of Credit Commitment until and unless the sum of the Total 3-Year Facility Commitment plus the Aggregate LC Stated Amount and all Reimbursement Obligations then outstanding is reduced below $250,000,000, at which time the Total Letter of Credit Commitment shall be reduced, dollar for dollar, with any reduction to the Total 3-Year Facility Commitment. Notwithstanding anything in this Section 2.3.3 to the foregoingcontrary, Borrower may not reduce or cancel any portion of the Total Loan Commitment, the Total Turbine Purchase Loan Commitment and/or the Total Letter of Credit Commitment under either Facility if, after giving effect to such reduction or cancellation, (a) the sum of the aggregate principal amount of all Loans then outstanding and under such Facility would exceed the Total Commitment applicable to such Facility, (b) the Aggregate LC Stated Amount together with plus all outstanding Reimbursement Obligations would exceed the Total Loan Letter of Credit Commitment, (b) the Available Construction Funds would not, in the reasonable judgment of the Technical Committee and the Independent Engineer, be equal to or exceed remaining Project Costs for all Initial Projects and Funded Subsequent Projects, or (c) such reduction or cancellation would cause a violation of any other provision of this Agreement, Agreement or the other Credit Facility Documents, any Project Documents, any Turbine Purchase Contracts or have a Material Adverse Effect on Borrower, any Project Owner, any Initial Project or any Funded Subsequent Project. Borrower shall pay to Administrative Agent any Commitment Facility Fees or Letter of Credit Fees then due on such cancelled amount upon any cancellation and, from such reduction or cancellation. From the effective date of any such reduction, the Commitment Facility Fees and Letter of Credit Fees applicable to the affected Facility shall be computed on the basis of the Available Loan Commitment, Total Commitment of such Facility as so reduced. Once reduced or canceledcancelled, none the Total Commitment of the Total Loan Commitment affected Facility may not be increased or reinstated. Any reductions in the Total Loan Commitment, the Total Turbine Purchase Loan Commitment or the Total Letter of Credit Commitment pursuant to this Section 2.3.4 shall be applied ratably to each Bank's respective Commitments in accordance with Section 2.7.1.reinstated except as provided in

Appears in 1 contract

Samples: Credit Agreement (Teco Energy Inc)

Reductions and Cancellations. Borrower may, from time to time upon five Banking Days written notice to Administrative Agent, permanently reducereduce (without premium or penalty), by an amount of $10,000,000 1,000,000 or an integral multiple of $1,000,000 100,000 in excess thereof or cancel in its entirety the Total Construction Loan Commitment, subject to the provisions of this Section 2.3.3. Borrower may not reduce the Total Turbine Purchase Loan Security Fund LC Commitment and/or or the Total Letter of Credit Unutilized Security Fund LC Commitment. Notwithstanding the foregoing, Borrower may not reduce or cancel the Total Construction Loan Commitment, the Total Turbine Purchase Loan Commitment and/or the Total Letter of Credit Commitment if, after giving effect to such reduction or cancellation, (a) the sum of the aggregate principal amount of all Construction Loans then outstanding and the Aggregate LC Stated Amount together with all outstanding Reimbursement Obligations would exceed the Total Construction Loan Commitment, (b) the Available Construction Funds would not, in the reasonable judgment of the Technical Committee Administrative Agent and the Independent Engineer, be equal to or exceed remaining Project Costs for all Initial Projects (including budgeted contingency (or the appropriate part thereof) and Funded Subsequent Projectsanticipated Liquidation Costs and anticipated Hedge Breaking Fees arising from any prepayment related to such reduction or cancellation), or (c) such reduction or cancellation would cause a violation an Inchoate Default, Event of any other provision of this Agreement, the other Credit Documents, any Project Documents, any Turbine Purchase Contracts Default or have a Material Adverse Effect on Borrower, any Project Owner, any Initial Project or any Funded Subsequent ProjectEffect. Borrower shall pay to Administrative Agent any Commitment Fees then due in respect of the canceled portion of the applicable Commitment upon any cancellation and, from the effective date of any cancellation or reduction, the Commitment Fees shall be computed on the basis of the Available Construction Loan Commitment, Commitment as so canceled or reduced. Once reduced or canceled, none of the Total Construction Loan Commitment may not be increased or reinstated. Any reductions in the Total Loan Commitment, the Total Turbine Purchase Loan Commitment or the Total Letter of Credit Commitment pursuant to this Section 2.3.4 2.3.3 shall be applied ratably to each BankLender's respective Commitments in accordance with Section 2.7.1.

Appears in 1 contract

Samples: Credit Agreement (Calpine Corp)

AutoNDA by SimpleDocs

Reductions and Cancellations. At any time on or prior to the Effective Date, (x) each Borrower may, from time to time upon five three Banking Days Days’ written notice to Administrative AgentAgent (who shall promptly deliver such notice to the Lenders), permanently reduce, by an amount of $10,000,000 5,000,000 or an integral multiple of $1,000,000 in excess thereof thereof, or cancel in its entirety the Total Loan Commitmententirety, the Total Turbine Purchase Loan Tranche Commitment and/or the Total Letter Backstop Tranche Commitment and (y) upon the occurrence of Credit any Reduction Event from the Commitment Date to the Effective Date, (i) first, the Purchase Tranche Commitment shall be automatically and permanently reduced by an amount equal to the Reduction Amount, and (ii) after the Purchase Tranche Commitment has been reduced to zero, the Backstop Tranche Commitment shall be automatically and permanently reduced by the amount equal to the Reduction Amount in excess of the amount used to reduce the Purchase Tranche Commitment. Notwithstanding In addition, from the foregoing, Borrower may not reduce or cancel the Total Loan CommitmentEffective Date, the Total Turbine Purchase Loan Backstop Tranche Commitment and/or the Total Letter of Credit Commitment if, after giving effect to such reduction or cancellation, (a) the sum of the aggregate principal amount of all Loans then outstanding and the Aggregate LC Stated Amount together with all outstanding Reimbursement Obligations would exceed the Total Loan Commitment, (b) the Available Construction Funds would not, in the reasonable judgment of the Technical Committee and the Independent Engineer, shall be equal to or exceed remaining Project Costs for all Initial Projects and Funded Subsequent Projects, or (c) such reduction or cancellation would cause a violation of any other provision of this Agreement, the other Credit Documents, any Project Documents, any Turbine Purchase Contracts or have a Material Adverse Effect on Borrower, any Project Owner, any Initial Project or any Funded Subsequent Projectreduced as required by Section 2.2.2. Such Borrower shall pay to Administrative Agent any Undrawn Commitment Fees Fee then due on such cancelled amount upon any cancellation and, from such reduction or cancellation. From the effective date of any such reduction, the Undrawn Commitment Fees Fee shall be computed on the basis of the Available Loan Commitment, Total Commitment as so reduced. Once reduced or canceledcancelled, none of the Total Loan Purchase Tranche Commitment or the Backstop Tranche Commitment, as applicable, may not be increased or reinstated. Any reductions in the Total Loan Commitment, the Total Turbine Purchase Loan Commitment or the Total Letter of Credit Commitment pursuant to this Section 2.3.4 2.3.2 shall be applied ratably to each Bank's respective Commitments among the Lenders in accordance with their respective Commitments. Any reduction of the Purchase Tranche Commitment below the Purchase Tranche Target Opco Sublimit then in effect shall reduce the Purchase Tranche Target Opco Sublimit by a like amount. The Purchase Tranche Commitments and the Backstop Tranche Commitments shall otherwise terminate in the manner set forth in the last paragraph of Section 2.7.12.1.1.1.

Appears in 1 contract

Samples: Assignment and Assumption (Teco Energy Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!