Common use of Additional Provisions With Respect to Letters of Credit Clause in Contracts

Additional Provisions With Respect to Letters of Credit. (a) Obligation to Issue or Amend. (i) The L/C Issuer shall not issue any Letter of Credit if: (A) the issuance of such Letter of Credit would violate one or more policies of the L/C Issuer; or (B) such Letter of Credit is in an initial amount less than $50,000, is to be denominated in a currency other than Dollars or is not a standby letter of credit. (ii) The L/C Issuer shall be under no obligation to issue any Letter of Credit if: (A) any order, judgment or decree of any Governmental Authority or arbitrator shall by its terms purport to enjoin or restrain the L/C Issuer from issuing such Letter of Credit, or any Law applicable to the L/C Issuer or any request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over the L/C Issuer shall prohibit, or request that the L/C Issuer refrain from, the issuance of letters of credit generally or such Letter of Credit in particular or shall impose upon the L/C Issuer with respect to such Letter of Credit any restriction, reserve or capital requirement (for which the L/C Issuer is not otherwise compensated hereunder) not in effect on the Closing Date, or shall impose upon the L/C Issuer any unreimbursed loss, cost or expense that was not applicable on the Closing Date and that the L/C Issuer in good fxxxx xxxxx material to it; (B) the expiry date of such requested Letter of Credit would occur more than twelve (12) months after the date of issuance or last renewal, unless the Required Lenders have approved such expiry date; (C) the expiry date of such requested Letter of Credit would occur after the Letter of Credit Expiration Date, unless all the Lenders have approved such expiry date; (D) one or more applicable conditions contained in Section 4.02 shall not then be satisfied and the L/C Issuer shall have received written notice thereof from any Lender or any Credit Party at least one Business Day prior to the requested date of issuance of such Letter of Credit; (E) a default of any Lender’s obligations to fund under Section 2.03(c) exists or any Lender is at such time a Defaulting Lender or an Impacted Lender hereunder, unless the L/C Issuer has entered into satisfactory arrangements with the Borrower or such Lender to eliminate the L/C Issuer’s risk with respect to such Lender; or (F) the Revolving Commitments have been terminated pursuant to Article VIII. (iii) The L/C Issuer shall be under no obligation to amend any Letter of Credit if: (A) the L/C Issuer would have no obligation at such time to issue such Letter of Credit in its amended form under the terms hereof; or (B) the beneficiary of such Letter of Credit does not accept the proposed amendment to such Letter of Credit. (iv) The L/C Issuer shall not amend any Letter of Credit if: (A) one or more applicable conditions contained in Section 4.02 shall not then be satisfied and the L/C Issuer shall have received written notice thereof from any Lender or any Credit Party at least one Business Day prior to the requested date of amendment of such Letter of Credit; or (B) the Revolving Commitments have been terminated pursuant to Article VIII.

Additional Provisions With Respect to Letters of Credit. (a) Obligation to Issue or Amend. (i) The L/C Issuer shall not issue any Letter of Credit if: (A) the expiry date of such requested Letter of Credit would occur more than twelve (12) months after the date of issuance or last renewal, unless the Required Revolving Lenders (other than Defaulting Lenders) have approved such expiry date; or (B) the expiry date of such requested Letter of Credit would occur after the Letter of Credit Expiration Date, unless all the Revolving Lenders have approved such expiry date. (ii) The L/C Issuer shall be under no obligation to issue any Letter of Credit if: (A) the issuance of such Letter of Credit would violate one or more policies of the L/C Issuer; or; (B) such Letter of Credit is in an initial amount less than $50,000, is to be denominated in a currency other than Dollars or is not a standby (non-commercial) letter of credit.; (ii) The L/C Issuer shall be under no obligation to issue any Letter of Credit if: (AC) any order, judgment or decree of any Governmental Authority or arbitrator shall by its terms purport to enjoin or restrain the L/C Issuer from issuing such Letter of Credit, or any Law applicable to the L/C Issuer or any request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over the L/C Issuer shall prohibit, or request that the L/C Issuer refrain from, the issuance of letters of credit generally or such Letter of Credit in particular or shall impose upon the L/C Issuer with respect to such Letter of Credit any restriction, reserve or capital requirement (for which the L/C Issuer is not otherwise compensated hereunder) not in effect on the Closing Date, or shall impose upon the L/C Issuer any unreimbursed loss, cost or expense that which was not applicable on the Closing Date and that which the L/C Issuer in good fxxxx xxxxx xxxxx material to it; (B) the expiry date of such requested Letter of Credit would occur more than twelve (12) months after the date of issuance or last renewal, unless the Required Lenders have approved such expiry date; (C) the expiry date of such requested Letter of Credit would occur after the Letter of Credit Expiration Date, unless all the Lenders have approved such expiry date; (D) one or more applicable conditions contained in Section 4.02 shall not then be satisfied and the L/C Issuer shall have received written notice thereof from any Lender or any Credit Party at least one Business Day prior to the requested date of issuance of such Letter of Credit; (E) a default of any Lender’s obligations to fund under Section 2.03(c) exists or any Revolving Lender is at such that time a Defaulting Lender or an Impacted Lender hereunderLender, unless the L/C Issuer has entered into arrangements, including the delivery of Cash Collateral, satisfactory arrangements to the L/C Issuer (in its sole discretion), with the Borrower or such Revolving Lender to eliminate the L/C Issuer’s risk actual or potential Fronting Exposure (after giving effect to Section 2.17(a)(iv)) with respect to such Lender; orthe Defaulting Lender arising from either the Letter of Credit then proposed to be issued or that Letter of Credit and all other L/C Obligations as to which the L/C Issuer has actual or potential Fronting Exposure, as it may elect in its sole discretion. (FE) the Revolving Commitments have been terminated pursuant to Article VIII. (iii) The L/C Issuer shall be under no obligation to amend any Letter of Credit if: (A) the L/C Issuer would have no obligation at such time to issue such Letter of Credit in its amended form under the terms hereof; or (B) the beneficiary of such Letter of Credit does not accept the proposed amendment to such Letter of Credit. (iv) The L/C Issuer shall not amend any Letter of Credit if: (A) one or more applicable conditions contained in Section 4.02 shall not then be satisfied and the L/C Issuer shall have received written notice thereof from any Lender or any Credit Party at least one Business Day prior to the requested date of amendment of such Letter of Credit; or (B) if the Revolving Commitments have been terminated pursuant to Article VIII.

Additional Provisions With Respect to Letters of Credit. (a) Obligation to Issue or Amend. (i) The No L/C Issuer shall not issue any Letter of Credit if: (A) subject to Section 2.03(b)(iii), the expiry date of such requested Letter of Credit would occur more than twelve (12) months after the date of issuance or last extension, unless such L/C Issuer has approved such expiry date; (B) the expiry date of any requested Letter of Credit would occur after the L/C Expiration Date, unless either (1) all the Revolving Lenders have approved such expiry date or (2) prior to the issuance of such Letter of Credit, such Letter of Credit would violate one shall have been Cash Collateralized in a manner consistent with the provisions of Section 2.03(g) below or more policies backstopped by a letter of credit in a face amount equal to 103% of the then- undrawn amount of such Letter of Credit from an issuer and in form and substance reasonably satisfactory to the applicable L/C IssuerIssuer in its sole discretion; or (BC) such Letter of Credit is in an initial amount less than $50,000, is to be denominated in a currency other than Dollars or is not a standby letter of creditDollars. (ii) The No L/C Issuer shall be under no any obligation to issue any Letter of Credit if: (A) any order, judgment or decree of any Governmental Authority or arbitrator shall by its terms purport to enjoin or restrain the such L/C Issuer from issuing such Letter of Credit, or any Law applicable to the such L/C Issuer or any request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over the such L/C Issuer shall prohibit, or request that the L/C Issuer refrain from, the issuance of letters of credit generally or such Letter of Credit in particular or shall impose upon the such L/C Issuer with respect to such Letter of Credit any restriction, reserve or capital requirement (for which the such L/C Issuer is not otherwise compensated hereunder) not in effect on the Closing Date, or shall impose upon the such L/C Issuer any unreimbursed loss, cost or expense that was not applicable on the Closing Date and that the such L/C Issuer in good fxxxx xxxxx xxxxx material to it; (B) the expiry date issuance of such requested Letter of Credit would occur more than twelve (12) months after the date of issuance or last renewal, unless the Required Lenders have approved violate any Law applicable to such expiry dateL/C Issuer; (C) except as otherwise agreed by such L/C Issuer and the expiry date of Administrative Agent, such requested Letter of Credit would occur after the Letter of Credit Expiration Date, unless all the Lenders have approved such expiry dateis in an initial stated amount less than $5,000; (D) one or more applicable conditions contained in Section 4.02 shall not then be satisfied and the except as otherwise agreed by such L/C Issuer shall have received written notice thereof from any Lender or any Credit Party at least one Business Day prior to the requested date of issuance of Issuer, such Letter of CreditCredit contains provisions for automatic reinstatement of the stated amount after any drawing thereunder; (E) a default of any Lender’s obligations to fund under Section 2.03(c) exists or any Revolving Lender is at such that time a Defaulting Lender or an Impacted Lender hereunderLender, unless the such L/C Issuer has entered into arrangements, including the delivery of cash collateral, reasonably satisfactory arrangements to such L/C Issuer with the Borrower or such Lender to eliminate the L/C Issuer’s risk actual or potential L/C Obligations (after giving effect to Section 2.14) with respect to such LenderDefaulting Lender arising from either the Letter of Credit then proposed to be issued or that Letter of Credit and all other L/C Obligations as to which such L/C Issuer has exposure; orand (F) such Letter of Credit is a commercial Letter of Credit, unless such L/C Issuer otherwise consents, or if the Revolving Commitments have been terminated pursuant issuance of such Letter of Credit would violate one or more policies of such L/C Issuer with respect to Article VIIIletters of credit. (iii) The No L/C Issuer shall be under no any obligation to amend any Letter of Credit if: if (A) the such L/C Issuer would have no obligation at such time to issue such Letter of Credit in its amended form under the terms hereof; or or (B) the beneficiary of such Letter of Credit does not accept the proposed amendment to such Letter of Credit. (iv) The applicable L/C Issuer shall not amend act on behalf of the Revolving Lenders with respect to any Letter Letters of Credit if: (A) one or more applicable conditions contained in Section 4.02 shall not then be satisfied issued by it and the documents associated therewith, and such L/C Issuer shall have received written notice thereof from any Lender or any Credit Party at least one Business Day prior all of the benefits and immunities (A) provided to the requested date Administrative Agent in Article X with respect to any acts taken or omissions suffered by such L/C Issuer in connection with such Letters of amendment Credit issued by it or proposed to be issued by it and Issuer Documents pertaining to such Letters of Credit as fully as if the term “Administrative Agent” as used in Article X included such Letter of Credit; or L/C Issuer with respect to such acts or omissions, and (B) the Revolving Commitments have been terminated pursuant as additionally provided herein with respect to Article VIIIsuch L/C Issuer.

Additional Provisions With Respect to Letters of Credit. (a) Obligation to Issue or Amend. (i) The L/C Issuer shall not issue any Letter of Credit if: (A) except as otherwise provided in Section 2.03(b)(iii), the expiry date would occur more than (I) in the case of a standby Letter of Credit, one year from the date of issuance or (II) in the case of a commercial Letter of Credit, 180 days from the date of issuance, in each case unless the Required Revolving Credit Lenders and the L/C Issuer shall have otherwise given their approval; (B) the expiry date of any such Letter of Credit would violate one occur after the L/C Expiration Date, unless the Revolving Credit Lenders and the L/C Issuer shall have otherwise given their approval or more policies the Outstanding Amount of L/C Obligations in respect of such requested Letter of Credit has been Cash Collateralized or back-stopped by a letter of credit reasonably satisfactory to the applicable L/C Issuer; or (B) provided that once such Letter of Credit is in an initial amount less than $50,000fully Cash Collateralized, the other Lenders are released from liability as a Participant; or (C) any such Letter of Credit is to be denominated in a currency used for purposes other than Dollars or is not a standby letter of creditthose permitted under Section 7.11, unless the Required Lenders shall have otherwise given their approval. (ii) The L/C Issuer shall not be under no any obligation to issue any Letter of Credit if: (A) any order, judgment or decree of any Governmental Authority or arbitrator shall by its terms purport to enjoin or restrain the L/C Issuer from issuing such Letter of Credit, or any Law applicable to the L/C Issuer or any request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over the L/C Issuer shall prohibit, or request that the L/C Issuer refrain from, the issuance of letters of credit generally or such Letter of Credit in particular or shall impose upon the L/C Issuer with respect to such Letter of Credit any restriction, reserve or capital requirement (for which the L/C Issuer is not otherwise compensated hereunder) not in effect on the Closing Date, or shall impose upon the L/C Issuer any unreimbursed loss, cost or expense that was not applicable on the Closing Date and that the L/C Issuer in good fxxxx xxxxx xxxxx material to it; (B) the expiry date issuance of such requested Letter of Credit would occur violate any Law or one or more than twelve (12) months after policies of the date of issuance or last renewal, unless the Required Lenders have approved such expiry dateL/C Issuer; (C) the expiry date of such requested Letter of Credit would occur after the Letter of Credit Expiration Date, unless all the Lenders have approved such expiry date; (D) one or more applicable conditions contained in Section 4.02 shall not then be satisfied and except as otherwise agreed by the L/C Issuer shall have received written notice thereof from any Lender and the Administrative Agent, such Letter of Credit is in an initial stated amount less than $100,000, in the case of a commercial Letter of Credit, or any Credit Party at least one Business Day prior to $200,000, in the requested date case of issuance of such a standby Letter of Credit; (D) such Letter of Credit is to be denominated in a currency other than Dollars or an Alternative Currency; (E) a default such Letter of Credit contains provisions for automatic reinstatement of the stated amount after any Lender’s obligations to fund under Section 2.03(cdrawing thereunder; (F) exists or any Revolving Credit Lender is at such time a Defaulting Lender or an Impacted Lender hereunderLender, unless the L/C Issuer has entered into satisfactory Cash Collateral or other Adequate Assurance shall have been provided, including arrangements with the Borrower or such Lender to eliminate the L/C Issuer’s risk actual or potential Fronting Exposure (after giving effect to Section 2.17(a)(vii)) with respect to such Lenderthe Defaulting Lender arising from either the Letter of Credit then proposed to be issued or that Letter of Credit and all other L/C Obligations as to which the L/C Issuer has actual or potential Fronting Exposure, as it may elect in its sole discretion; or (FG) except with respect to any Letter of Credit to be issued in Dollars, the Revolving Commitments have been terminated pursuant to Article VIIIL/C Issuer does not as of the issuance date of the requested Letter of Credit issue Letters of Credit in the requested currency. (iii) The L/C Issuer shall not amend any Letter of Credit if the L/C Issuer would not be permitted at such time to issue such Letter of Credit in its amended form under the terms hereof. (iv) The L/C Issuer shall not be under no any obligation to amend any Letter of Credit if: (A) the L/C Issuer would have no obligation at such time to issue such Letter of Credit in its amended form under the terms hereof; or (B) the beneficiary of such Letter of Credit does not accept the proposed amendment to such Letter of Credit. (ivv) The L/C Issuer shall not amend act on behalf of the Revolving Credit Lenders with respect to any Letter of Credit if: (A) one or more applicable conditions contained in Section 4.02 shall not then be satisfied issued by it and the documents associated therewith. The L/C Issuer shall have received written notice thereof from any Lender or any Credit Party at least one Business Day prior all of the benefits and immunities (A) provided to the requested date Administrative Agent in Article 10 with respect to any acts taken or omissions suffered by the L/C Issuer in connection with Letters of amendment Credit issued by them or proposed to be issued by it and Issuer Documents pertaining to such Letters of Credit as fully as if the term “Administrative Agent” as used in Article 10 included the L/C Issuer with respect to such Letter of Credit; or acts or omissions, and (B) as additionally provided herein with respect to the Revolving Commitments have been terminated pursuant to Article VIIIL/C Issuer.

Additional Provisions With Respect to Letters of Credit. (a) Obligation to Issue or Amend. (i) The L/C Issuer shall not issue any Letter of Credit if: (A) the issuance of such Letter of Credit would violate one or more policies of the L/C Issuer; or (B) such Letter of Credit is in an initial amount less than $50,000, is to be denominated in a currency other than Dollars or is not a standby letter of credit. (ii) The L/C Issuer shall be under no obligation to issue any Letter of Credit if: (A) any order, judgment or decree of any Governmental Authority or arbitrator shall by its terms purport to enjoin or restrain the L/C Issuer from issuing such Letter of Credit, or any Law applicable to the L/C Issuer or any request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over the L/C Issuer shall prohibit, or request that the L/C Issuer refrain from, the issuance of letters of credit generally or such Letter of Credit in particular or shall impose upon the L/C Issuer with respect to such Letter of Credit any restriction, reserve or capital requirement (for which the L/C Issuer is not otherwise compensated hereunder) not in effect on the Closing Date, or shall impose upon the L/C Issuer any unreimbursed loss, cost or expense that was not applicable on the Closing Date and that the L/C Issuer in good fxxxx xxxxx material to it; (B) the expiry date of such requested Letter of Credit would occur more than twelve (12) months after the date of issuance or last renewal, unless the Required Lenders have approved such expiry date; (C) the expiry date of such requested Letter of Credit would occur after the Letter of Credit Expiration Date, unless all the Lenders have approved such expiry date; (D) one or more applicable conditions contained in Section 4.02 shall not then be satisfied and the L/C Issuer shall have received written notice thereof from any Lender or any Credit Party at least one Business Day prior to the requested date of issuance of such Letter of Credit; (E) a default of any Lender’s obligations to fund under Section 2.03(c) exists or any Lender is at such time a Defaulting Lender or an Impacted Lender hereunder, unless the L/C Issuer has entered into satisfactory arrangements with the Borrower or such Lender to eliminate the L/C Issuer’s risk with respect to such Lender; or (F) the Revolving Commitments have been terminated pursuant to Article VIII. (iii) The L/C Issuer shall be under no obligation to amend any Letter of Credit if: (A) the L/C Issuer would have no obligation at such time to issue such Letter of Credit in its amended form under the terms hereof; or (B) the beneficiary of such Letter of Credit does not accept the proposed amendment to such Letter of Credit. (iv) The L/C Issuer shall not amend any Letter of Credit if: (A) one or more applicable conditions contained in Section 4.02 shall not then be satisfied and the L/C Issuer shall have received written notice thereof from any Lender or any Credit Party at least one Business Day prior to the requested date of amendment of such Letter of Credit; or (B) the Revolving Commitments have been terminated pursuant to Article VIII.