Common use of Acquisition Facility Letters of Credit Clause in Contracts

Acquisition Facility Letters of Credit. On the Restatement Effective Date, upon the satisfaction of the conditions specified in Section 6.1, each of the Existing Acquisition Facility Letters of Credit shall automatically be deemed to be Acquisition Facility Letters of Credit outstanding under this Agreement. Subject to the terms and conditions hereof, each Acquisition Facility Issuing Lender severally agrees to issue letters of credit (“Acquisition Facility Letters of Credit”), for the account of the Borrower requesting the applicable Acquisition Facility Letter of Credit, from time to time during the Acquisition Facility Commitment Period in an aggregate amount not to exceed (unless otherwise agreed by such Acquisition Facility Issuing Lender) $12,500,000 at any time outstanding; provided that, after giving effect to any Acquisition Facility Letter of Credit requested by any Borrower: (i) each of the conditions set forth in Section 6.2 shall be satisfied or waived; and (ii) Section 3.4 shall not be contravened by any Loan Party at any time. Each Borrower acknowledges and agrees that, for the avoidance of doubt, each Letter of Credit designated as Acquisition Facility Letter of Credit shall be entirely an Acquisition Facility Letter of Credit and no portion thereof will be a Working Capital Facility Letter of Credit.

Acquisition Facility Letters of Credit. On the Restatement Effective Date, upon the satisfaction of the conditions specified in Section 6.1, each of the Existing Acquisition Facility Letters of Credit shall automatically be deemed to be Acquisition Facility Letters of Credit outstanding under this Agreement. Subject to the terms and conditions hereof, each Acquisition Facility Issuing Lender severally agrees to issue letters of credit (“Acquisition Facility Letters of Credit”), for the account of the Borrower requesting the applicable Acquisition Facility Letter of Credit, from time to time during the Acquisition Facility Commitment Period in an aggregate amount not to exceed (unless otherwise agreed by such Acquisition Facility Issuing Lender) $12,500,000 at any time outstanding; provided that, after giving effect to any Acquisition Facility Letter of Credit requested by any Borrower: : (i) each of the conditions set forth in Section 6.2 shall be satisfied or waived; and and (ii) Section 3.4 shall not be contravened by any Loan Party at any time. Each Borrower acknowledges and agrees that, for the avoidance of doubt, each Letter of Credit designated as Acquisition Facility Letter of Credit shall be entirely an Acquisition Facility Letter of Credit and no portion thereof will be a Working Capital Facility Letter of Credit.