Common use of Additional Letters of Credit Clause in Contracts

Additional Letters of Credit. Subject to the terms and conditions set forth herein, (i) each L/C Issuer agrees, in reliance upon the agreements of the other Revolving Lenders set forth in this SECTION 2.05, (A) from time to time on any Business Day during the period from the Closing Date until the Letter of Credit Expiration Date, to issue standby Letters of Credit for the account, and upon the request, of the Company (or jointly for the account of the Company and any Subsidiary that is not a Project Subsidiary) and in support of obligations of the Company or one or more of its Subsidiaries (other than any Project Subsidiary) (including, (x) obligations in respect of and in lieu of deposits or security guarantees in the ordinary course of business, (y) to provide support for performance, payment or appeal bonds, indemnity obligations or other surety, including, without limitation, workers compensation insurance and (z) for such other general corporate purposes as the L/C Issuer may agree in its reasonable discretion), and to amend or extend Letters of Credit previously issued by it, in accordance with SUBSECTION (d) below, and (B) to honor drawings under its Letters of Credit, and (ii) each Revolving Lender severally agrees to participate in Letters of Credit issued for the account of the Company or its Subsidiaries and any drawing thereunder in accordance with the provisions of SUBSECTION (f) below; PROVIDED that, immediately after each Letter of Credit is issued, (i) the aggregate amount of the L/C Obligations shall not exceed the L/C Sublimit, (ii) the Revolving Outstandings shall not exceed the Revolving Committed Amount and (iii) with respect to each individual Revolving Lender, the aggregate outstanding principal amount of the Revolving Lender's Revolving Loans plus its Participation Interests in outstanding L/C Obligations plus its (other than the Swing Line Lender's) Participation Interests in outstanding Swing Line Loans shall not exceed such Revolving Lender's Revolving Commitment Percentage of the Revolving Committed Amount. Each request by the Company or a Subsidiary for the issuance or amendment of a Letter of Credit shall be deemed to be a representation by the Company and such Subsidiary that the issuance or amendment of such Letter of Credit complies with the conditions set forth in the proviso to the preceding sentence. Within the foregoing limits, and subject to the terms and conditions hereof, the Company's ability to obtain Letters of Credit shall be fully revolving, and accordingly the Company may, during the period specified in CLAUSE (i)(A) above, obtain Letters of Credit to replace Letters of Credit that have expired or that have been drawn upon and reimbursed.

Additional Letters of Credit. Subject to the terms and conditions set forth herein, (i) each L/C Issuer agrees, in reliance upon the agreements of the other Revolving Lenders set forth in this SECTION Section 2.05, (A) from time to time on any Business Day during the period from the Closing Date until the Letter of Credit Expiration Date, to issue standby Letters of Credit for the account, and upon the request, of the Company (Borrower or jointly for the account one of the Company and any Subsidiary that is not a Project Subsidiary) more of its Subsidiaries and in support of (x) trade obligations of the Company or one or more Borrower and/or its Subsidiaries, which shall be payable at sight in Dollars (each such letter of its Subsidiaries (other than any Project Subsidiarycredit, a “Trade Letter of Credit” and, collectively, the “Trade Letters of Credit”) (including, (x) obligations in respect of and in lieu of deposits or security guarantees in the ordinary course of business, (y) to provide support for performance, payment or appeal bonds, indemnity obligations or other surety, including, without limitation, workers compensation insurance and (z) for such other obligations of the Borrower incurred for its general corporate purposes as (each such letter of credit, a “Standby Letter of Credit” and, collectively, the L/C Issuer may agree in its reasonable discretion“Standby Letters of Credit”), and to amend or extend Letters of Credit previously issued by it, in accordance with SUBSECTION subsection (d) below, and (B) to honor drawings under its Letters of Credit, and (ii) each Revolving Lender severally agrees to participate in Letters of Credit issued for the account of the Company Borrower or its Subsidiaries and any drawing thereunder in accordance with the provisions of SUBSECTION subsection (f) below; PROVIDED provided that, immediately after each Letter of Credit is issued, (i) the aggregate amount of the L/C Obligations shall not exceed the L/C Sublimit, (ii) the Revolving Outstandings shall not exceed the Revolving Committed Amount and (iii) with respect to each individual Revolving Lender, the aggregate outstanding principal amount of the Revolving Lender's ’s Revolving Loans plus its Participation Interests in outstanding L/C Obligations plus its (other than the Swing Line Lender's’s) Participation Interests in outstanding Swing Line Loans shall not exceed such Revolving Lender's ’s Revolving Commitment Percentage of the Revolving Committed Amount. Each request by the Company Borrower or a Subsidiary for the issuance or amendment of a Letter of Credit shall be deemed to be a representation by the Company Borrower and such Subsidiary that the issuance or amendment of such Letter of Credit complies with the conditions set forth in the proviso to the preceding sentence. Within the foregoing limits, and subject to the terms and conditions hereof, the Company's Borrower’s ability to obtain Letters of Credit shall be fully revolving, and accordingly the Company Borrower may, during the period specified in CLAUSE clause (i)(A) above, obtain Letters of Credit to replace Letters of Credit that have expired or that have been drawn upon and reimbursed.

Additional Letters of Credit. Subject to the terms and conditions set forth herein, (i) each L/C Issuer agrees, in reliance upon the agreements of the other Revolving Lenders set forth in this SECTION 2.05, (A) from time to time on any Business Day during the period from the Closing Date until the Letter of Credit Expiration Date, to issue standby Letters of Credit for the account, and upon the request, of the Company (or jointly for the account of the Company and any Subsidiary that is not a Project Subsidiary) and in support of obligations of the Company or one or more of its Subsidiaries (other than any Project Subsidiary) (including, (x) obligations in respect of and in lieu of deposits or security guarantees in the ordinary course of business, (y) to provide support for performance, payment or appeal bonds, indemnity obligations or other surety, including, without limitation, workers compensation insurance and (z) for such other general corporate purposes as the L/C Issuer may agree in its reasonable discretion), and to amend or extend Letters of Credit previously issued by it, in accordance with SUBSECTION (dD) below, and (B) to honor drawings under its Letters of Credit, and (ii) each Revolving Lender severally agrees to participate in Letters of Credit issued for the account of the Company or its Subsidiaries and any drawing thereunder in accordance with the provisions of SUBSECTION (fF) below; PROVIDED that, immediately after each Letter of Credit is issued, (i) the aggregate amount of the L/C Obligations shall not exceed the L/C Sublimit, (ii) the Revolving Outstandings shall not exceed the Revolving Committed Amount and (iii) with respect to each individual Revolving Lender, the aggregate outstanding principal amount of the Revolving Lender's Revolving Loans plus its Participation Interests in outstanding L/C Obligations plus its (other than the Swing Line Lender's) Participation Interests in outstanding Swing Line Loans shall not exceed such Revolving Lender's Revolving Commitment Percentage of the Revolving Committed Amount. Each request by the Company or a Subsidiary for the issuance or amendment of a Letter of Credit shall be deemed to be a representation by the Company and such Subsidiary that the issuance or amendment of such Letter of Credit complies with the conditions set forth in the proviso to the preceding sentence. Within the foregoing limits, and subject to the terms and conditions hereof, the Company's ability to obtain Letters of Credit shall be fully revolving, and accordingly the Company may, during the period specified in CLAUSE (i)(AI)(A) above, obtain Letters of Credit to replace Letters of Credit that have expired or that have been drawn upon and reimbursed.

Additional Letters of Credit. Subject to The Administrative Agent agrees, on the terms and conditions set forth herein, (i) each L/C Issuer agrees, in reliance upon the agreements of the other Revolving Lenders set forth in this SECTION 2.05Agreement, to issue letters of credit or guarantees (Aeach an "LC Support Agreement") to an Issuing Lender to induce such Issuing Lender to issue Letters of Credit denominated in Dollars from time to time on any Business Day during before the period from 30th day prior to the Closing Revolving Termination Date until the Letter of Credit Expiration Date, to issue standby Letters of Credit for the account, and upon the request, of the Company (or jointly for the account of the Company and any Subsidiary that is not a Project Subsidiary) Borrower and in support of (i) trade obligations of the Company or one or more Borrower and/or its Subsidiaries, which shall be payable at sight (each such letter of its Subsidiaries (other than any Project Subsidiary) (includingcredit, (x) obligations in respect a "Trade Letter of and in lieu of deposits or security guarantees in Credit" and, collectively, the ordinary course of business, (y) to provide support for performance, payment or appeal bonds, indemnity obligations or other surety, including, without limitation, workers compensation insurance and (z) for such other general corporate purposes as the L/C Issuer may agree in its reasonable discretion), and to amend or extend Letters of Credit previously issued by it, in accordance with SUBSECTION (d) below, and (B) to honor drawings under its "Trade Letters of Credit, ") and (ii) such other obligations of the Borrower that are acceptable to the Administrative Agent (each Revolving Lender severally agrees to participate in such letter of credit, a "Standby Letter of Credit" and, collectively, the "Standby Letters of Credit issued for the account of the Company or its Subsidiaries and any drawing thereunder in accordance with the provisions of SUBSECTION (f) belowCredit"); PROVIDED provided that, immediately after each Letter of Credit is issued, (i) the aggregate amount of the L/C LC Obligations shall not exceed $15,000,000 (the L/C Sublimit"LC Committed Amount"), (ii) the Revolving Outstandings shall not exceed the Revolving Committed Amount Amount, and (iii) with respect to each individual Revolving Lender, the aggregate outstanding principal amount of the Revolving Lender's Revolving Loans plus its Participation Interests in outstanding L/C LC Obligations plus its (other than the Swing Line Swingline Lender's) Participation Interests in outstanding Swing Line Swingline Loans shall not exceed such Revolving Lender's Revolving Commitment Percentage of the Revolving Committed Amount. Each request by Notwithstanding the Company or a Subsidiary foregoing, the account party for the issuance or amendment of a each Additional Letter of Credit shall be deemed to be a representation by the Company and such Subsidiary that the issuance or amendment of such Letter of Credit complies with the conditions set forth in the proviso to the preceding sentence. Within the foregoing limits, and subject to the terms and conditions hereof, the Company's ability to obtain Letters of Credit shall be fully revolving, and accordingly the Company may, during the period specified in CLAUSE (i)(A) above, obtain Letters of Credit to replace Letters of Credit that have expired or that have been drawn upon and reimbursedBorrower.

Additional Letters of Credit. Subject to The Administrative Agent agrees, on the terms and conditions set forth herein, (i) each L/C Issuer agrees, in reliance upon the agreements of the other Revolving Lenders set forth in this SECTION 2.05Agreement, to issue letters of credit or guarantees (Aeach an “LC Support Agreement”) to an Issuing Lender to induce such Issuing Lender to issue Letters of Credit denominated in Dollars from time to time on any Business Day during before the period from 30th day prior to the Closing New Revolving Termination Date until the Letter of Credit Expiration Date, to issue standby Letters of Credit for the account, and upon the request, of the Company (or jointly for the account of the Company and any Subsidiary that is not a Project Subsidiary) Borrower and in support of (i) trade obligations of the Company or one or more Borrower and/or its Subsidiaries, which shall be payable at sight (each such letter of its Subsidiaries (other than any Project Subsidiary) (includingcredit, (x) obligations in respect a “Trade Letter of and in lieu of deposits or security guarantees in Credit” and, collectively, the ordinary course of business, (y) to provide support for performance, payment or appeal bonds, indemnity obligations or other surety, including, without limitation, workers compensation insurance and (z) for such other general corporate purposes as the L/C Issuer may agree in its reasonable discretion), and to amend or extend Letters of Credit previously issued by it, in accordance with SUBSECTION (d) below, and (B) to honor drawings under its “Trade Letters of Credit, ”) and (ii) such other obligations of the Borrower that are acceptable to the Administrative Agent (each Revolving Lender severally agrees to participate in such letter of credit, a “Standby Letter of Credit” and, collectively, the “Standby Letters of Credit issued for the account of the Company or its Subsidiaries and any drawing thereunder in accordance with the provisions of SUBSECTION (f) belowCredit”); PROVIDED provided that, immediately after each Letter of Credit is issued, (i) the aggregate amount of the L/C LC Obligations shall not exceed $15,000,000 (the L/C Sublimit“LC Committed Amount”), (ii) the Revolving Outstandings shall not exceed the lesser of the Revolving Committed Amount and $20,000,000, and (iii) with respect to each individual Revolving Lender, the aggregate outstanding principal amount of the Revolving Lender's ’s Revolving Loans plus its Participation Interests in outstanding L/C LC Obligations plus its (other than the Swing Line Swingline Lender's’s) Participation Interests in outstanding Swing Line Swingline Loans shall not exceed such Revolving Lender's ’s Revolving Commitment Percentage of the Revolving Committed Amount. Each request by Notwithstanding the Company or a Subsidiary foregoing, the account party for the issuance or amendment of a each Additional Letter of Credit shall be deemed to be a representation by the Company and such Subsidiary that the issuance or amendment of such Letter of Credit complies with the conditions set forth in the proviso to the preceding sentence. Within the foregoing limits, and subject to the terms and conditions hereof, the Company's ability to obtain Letters of Credit shall be fully revolving, and accordingly the Company may, during the period specified in CLAUSE (i)(A) above, obtain Letters of Credit to replace Letters of Credit that have expired or that have been drawn upon and reimbursedBorrower.

Additional Letters of Credit. Subject to Each Issuing Lender agrees, on the terms and conditions set forth herein, (i) each L/C Issuer agrees, in reliance upon the agreements of the other Revolving Lenders set forth in this SECTION 2.05Agreement, (A) to issue Letters of Credit denominated in Dollars or an Available Alternative Currency, each such Letter of Credit being in a Dollar Amount of at least $500,000, from time to time on any Business Day during before the period from 30th day prior to the Closing Maturity Date until the Letter of Credit Expiration Date, to issue standby Letters of Credit for the account, and upon the request, of the Company (or jointly for the account of the Company and any Subsidiary that is not a Project Subsidiary) and Caxxxxxxx xnd in support of (i) trade obligations of Caxxxxxxx xnd/or its Subsidiaries, which shall be payable at sight (each such letter of credit, a "Trade Letter of Credit" and, collectively, the Company or one or more of its Subsidiaries (other than any Project Subsidiary) (including, (x) obligations in respect of and in lieu of deposits or security guarantees in the ordinary course of business, (y) to provide support for performance, payment or appeal bonds, indemnity obligations or other surety, including, without limitation, workers compensation insurance and (z) for such other general corporate purposes as the L/C Issuer may agree in its reasonable discretion), and to amend or extend Letters of Credit previously issued by it, in accordance with SUBSECTION (d) below, and (B) to honor drawings under its "Trade Letters of Credit, ") and (ii) such other obligations of Caxxxxxxx xhat are acceptable to the Lenders (each Revolving Lender severally agrees to participate in such letter of credit, a "Standby Letter of Credit" and, collectively, the "Standby Letters of Credit issued for the account of the Company or its Subsidiaries and any drawing thereunder in accordance with the provisions of SUBSECTION (f) belowCredit"); PROVIDED provided that, immediately after each Letter of Credit is issued, (i) the aggregate amount of the L/C LC Obligations shall not exceed $40,000,000 (the L/C Sublimit"LC Committed Amount"), (ii) the aggregate Dollar Amount of the Revolving Outstandings shall not exceed the aggregate amount of the Revolving Committed Amount Commitments and (iii) with respect to each individual Revolving Lender, the aggregate outstanding principal amount Dollar Amount of the Revolving Lender's Revolving Loans plus its Participation Interests Interest in outstanding L/C LC Obligations plus its (other than the Swing Line Swingline Lender's's in its capacity as such) Participation Interests in outstanding Swing Line Swingline Loans shall not exceed such Revolving Lender's Revolving Commitment Percentage of the Revolving Committed Amount. Each request by the Company or a Subsidiary for the issuance or amendment of a Letter of Credit shall be deemed to be a representation by the Company and such Subsidiary that the issuance or amendment of such Letter of Credit complies with the conditions set forth in the proviso to the preceding sentence. Within the foregoing limits, and subject to the terms and conditions hereof, the Company's ability to obtain Letters of Credit shall be fully revolving, and accordingly the Company may, during the period specified in CLAUSE (i)(A) above, obtain Letters of Credit to replace Letters of Credit that have expired or that have been drawn upon and reimbursed.

Additional Letters of Credit. Subject to Each Issuing Lender agrees, on the terms and conditions set forth herein, (i) each L/C Issuer agrees, in reliance upon the agreements of the other Revolving Lenders set forth in this SECTION 2.05Agreement, (A) to issue Letters of Credit denominated in Dollars or an Available Alternative Currency, each such Letter of Credit being in a Dollar Amount of at least $500,000, from time to time on any Business Day during before the period from 30th day prior to the Closing Maturity Date until the Letter of Credit Expiration Date, to issue standby Letters of Credit for the account, and upon the request, of the Company (or jointly for the account of the Company and any Subsidiary that is not a Project Subsidiary) Xxxxxxxxx and in support of (i) trade obligations of Xxxxxxxxx and/or its Subsidiaries, which shall be payable at sight (each such letter of credit, a “Trade Letter of Credit” and, collectively, the Company or one or more of its Subsidiaries (other than any Project Subsidiary) (including, (x) obligations in respect of and in lieu of deposits or security guarantees in the ordinary course of business, (y) to provide support for performance, payment or appeal bonds, indemnity obligations or other surety, including, without limitation, workers compensation insurance and (z) for such other general corporate purposes as the L/C Issuer may agree in its reasonable discretion), and to amend or extend Letters of Credit previously issued by it, in accordance with SUBSECTION (d) below, and (B) to honor drawings under its “Trade Letters of Credit, ”) and (ii) such other obligations of Xxxxxxxxx that are acceptable to the Lenders (each Revolving Lender severally agrees to participate in such letter of credit, a “Standby Letter of Credit” and, collectively, the “Standby Letters of Credit issued for the account of the Company or its Subsidiaries and any drawing thereunder in accordance with the provisions of SUBSECTION (f) belowCredit”); PROVIDED provided that, immediately after each Letter of Credit is issued, (i) the aggregate amount of the L/C LC Obligations shall not exceed the L/C SublimitLC Committed Amount, (ii) the aggregate Dollar Amount of the Revolving Outstandings shall not exceed the aggregate amount of the Revolving Committed Amount Commitments and (iii) with respect to each individual Revolving Lender, the aggregate outstanding principal amount Dollar Amount of the Revolving Lender's ’s Revolving Loans plus its Participation Interests Interest in outstanding L/C LC Obligations plus its (other than the Swing Line Swingline Lender's’s in its capacity as such) Participation Interests in outstanding Swing Line Swingline Loans shall not exceed such Revolving Lender's ’s Revolving Commitment Percentage of the Revolving Committed Amount. Each request by the Company or a Subsidiary for the issuance or amendment of a Letter of Credit shall be deemed to be a representation by the Company and such Subsidiary that the issuance or amendment of such Letter of Credit complies with the conditions set forth in the proviso to the preceding sentence. Within the foregoing limits, and subject to the terms and conditions hereof, the Company's ability to obtain Letters of Credit shall be fully revolving, and accordingly the Company may, during the period specified in CLAUSE (i)(A) above, obtain Letters of Credit to replace Letters of Credit that have expired or that have been drawn upon and reimbursed.

Additional Letters of Credit. Subject to The Administrative Agent agrees, on the terms and conditions set forth herein, (i) each L/C Issuer agrees, in reliance upon the agreements of the other Revolving Lenders set forth in this SECTION 2.05Agreement, to issue letters of credit or guarantees (Aeach an “LC Support Agreement”) to an Issuing Lender to induce such Issuing Lender to issue Letters of Credit denominated in Dollars from time to time on any Business Day during before the period from 30th day prior to the Closing Revolving Termination Date until the Letter of Credit Expiration Date, to issue standby Letters of Credit for the account, and upon the request, of the Company (or jointly for the account of the Company and any Subsidiary that is not a Project Subsidiary) Borrower and in support of (i) trade obligations of the Company or one or more Borrower and/or its Subsidiaries, which shall be payable at sight (each such letter of its Subsidiaries (other than any Project Subsidiary) (includingcredit, (x) obligations in respect a “Trade Letter of and in lieu of deposits or security guarantees in Credit” and, collectively, the ordinary course of business, (y) to provide support for performance, payment or appeal bonds, indemnity obligations or other surety, including, without limitation, workers compensation insurance and (z) for such other general corporate purposes as the L/C Issuer may agree in its reasonable discretion), and to amend or extend Letters of Credit previously issued by it, in accordance with SUBSECTION (d) below, and (B) to honor drawings under its “Trade Letters of Credit, ”) and (ii) such other obligations of the Borrower that are acceptable to the Administrative Agent (each Revolving Lender severally agrees to participate in such letter of credit, a “Standby Letter of Credit” and, collectively, the “Standby Letters of Credit issued for the account of the Company or its Subsidiaries and any drawing thereunder in accordance with the provisions of SUBSECTION (f) belowCredit”); PROVIDED provided that, immediately after each Letter of Credit is issued, (i) the aggregate amount of the L/C LC Obligations shall not exceed $15,000,000 (the L/C Sublimit“LC Committed Amount”), (ii) the Revolving Outstandings shall not exceed the Revolving Committed Amount Amount, and (iii) with respect to each individual Revolving Lender, the aggregate outstanding principal amount of the Revolving Lender's ’s Revolving Loans plus its Participation Interests in outstanding L/C LC Obligations plus its (other than the Swing Line Swingline Lender's’s) Participation Interests in outstanding Swing Line Swingline Loans shall not exceed such Revolving Lender's ’s Revolving Commitment Percentage of the Revolving Committed Amount. Each request by Notwithstanding the Company or a Subsidiary foregoing, the account party for the issuance or amendment of a each Additional Letter of Credit shall be deemed to be a representation by the Company and such Subsidiary that the issuance or amendment of such Letter of Credit complies with the conditions set forth in the proviso to the preceding sentence. Within the foregoing limits, and subject to the terms and conditions hereof, the Company's ability to obtain Letters of Credit shall be fully revolving, and accordingly the Company may, during the period specified in CLAUSE (i)(A) above, obtain Letters of Credit to replace Letters of Credit that have expired or that have been drawn upon and reimbursedBorrower.