Common use of All Letters of Credit Clause in Contracts

All Letters of Credit. Notwithstanding any provision contained herein to the contrary, Mercantile shall have no obligation to issue any Letter of Credit hereunder unless: (a) Mercantile shall have received a Letter of Credit Request for such Letter of Credit as required by Section 4.1(a); (b) Mercantile shall have received a Letter of Credit Application for such Letter of Credit as required by Section 4.1(a), duly executed by an authorized officer of Borrower as account party; (c) Borrower shall have complied with all of the procedures and requirements set forth in Section 4.1; (d) On the date of and immediately after the issuance of such Letter of Credit, no Default or Event of Default under this Agreement shall have occurred and be continuing; (e) No change in the Properties, assets, liabilities, business, operations, prospects, income or condition (financial or otherwise) of Borrower and its Subsidiaries taken as a whole and having a Material Adverse Effect shall have occurred since the date of this Agreement and be continuing; (f) All of the representations and warranties of Borrower contained in this Agreement shall be true and correct in all material respects on and as of the date of the issuance of such Letter of Credit as if made on and as of the date of the issuance of such Letter of Credit; and (g) Bank shall have received such other documents, certificates and agreements as it may reasonably request. Each request for the issuance of a Letter of Credit by Borrower hereunder shall be deemed to be a representation and warranty by Borrower on the date of the issuance of such Letter of Credit as to the facts specified in clauses (d), (e) and (f) of this Section 7.3.

All Letters of Credit. Notwithstanding any provision contained herein in this Agreement to the contrary, Mercantile U.S. Bank shall have no obligation to issue any Letter of Credit hereunder under this Agreement unless: (a) Mercantile U.S. Bank shall have received a Letter of Credit Request for such Letter of Credit as required by Section 4.1(a2.04(a); (b) Mercantile U.S. Bank shall have received a Letter of Credit Application for such Letter of Credit as required by Section 4.1(a2.04(a), duly executed by an authorized officer of Borrower as account party; (c) Borrower shall have complied with all of the procedures and requirements set forth in Section 4.12.04; (d) On the date of both immediately before and immediately after the issuance of such Letter of Credit, no Default or Event of Default under this Agreement shall have occurred and be continuing; (e) No change no event resulting in the Properties, assets, liabilities, business, operations, prospects, income or condition (financial or otherwise) of Borrower and its Subsidiaries taken as a whole and having a Material Adverse Effect shall have occurred since the date of this Agreement and be continuing; (f) All all of the representations and warranties of Borrower and/or any other Obligor contained in this Agreement and/or in any of the other Transaction Documents shall be true and correct in all material respects on and as of the date of the issuance of such Letter of Credit as if made on and as of the date of the issuance of such Letter of CreditCredit (and for purposes of this Section 3.03(f), the representations and warranties made by Borrower in Section 4.04 shall be deemed to refer to the most recent financial statements of Borrower delivered to the Lenders pursuant to Section 5.01(a)); and (g) U.S. Bank shall have received such other documents, certificates and agreements as it may reasonably request. Each request for the issuance of a Letter of Credit by Borrower hereunder under this Agreement shall be deemed to be a representation and warranty by Borrower on the date of the issuance of such Letter of Credit as to the facts specified in clauses (d), (e) and (f) of this Section 7.33.03.

All Letters of Credit. Notwithstanding any provision contained herein to the contrary, Mercantile Firstar shall have no obligation to issue any Letter of Credit hereunder under this Agreement unless: (a) Mercantile Firstar shall have received a Letter of Credit Request for such Letter of Credit as required by Section 4.1(a2.02(a); (b) Mercantile Firstar shall have received a Letter of Credit Application for such Letter of Credit as required by Section 4.1(a2.02(a), duly executed by an authorized officer of Borrower as applicant and account party; (c) Borrower shall have complied with all of the procedures and requirements set forth in Section 4.12.02; (d) On the date of both immediately before and immediately after the issuance of such Letter of Credit, no Default or Event of Default under this Agreement shall have occurred and be continuing; (e) No no material adverse change in the Properties, assets, liabilities, business, operations, prospects, income or condition (financial or otherwise) of Borrower and its Subsidiaries taken as a whole and having a Material Adverse Effect shall have occurred since the date of this Agreement and be continuing; (f) All all of the representations and warranties of made by Borrower contained and/or any other Obligor in this Agreement and/or in any other Transaction Document shall be true and correct in all material respects on and as of the date of the issuance of such Letter of Credit as if made on and as of the date of the issuance of such Letter of CreditCredit (and for purposes of this Section 3.03(f), the representations and warranties made by Borrower in Section 4.04 shall be deemed to refer to the most recent financial statements of Borrower and its Subsidiaries delivered to the Banks pursuant to Section 5.01(a)); and (g) Bank Firstar shall have received such other documents, certificates and agreements as it may reasonably request. Each request for the issuance of a Letter of Credit by Borrower hereunder under this Agreement shall be deemed to be a representation and warranty by Borrower on the date of the issuance of such Letter of Credit as to the facts specified in clauses (d), (e) and (f) of this Section 7.33.03.

All Letters of Credit. Notwithstanding any provision contained herein in this Agreement to the contrary, Mercantile Lender shall have no obligation to issue any Letter of Credit hereunder under this Agreement unless: (a) Mercantile Lender shall have received a current Borrowing Base Certificate as required by Section 2.01(b); (b) Lender shall have received a Letter of Credit Request for such Letter of Credit as required by Section 4.1(a2.03(a); (bc) Mercantile Lender shall have received a Letter of Credit Application for such Letter of Credit as required by Section 4.1(a2.03(a), duly executed by an authorized officer of Borrower as account partyparty and applicant; (cd) Borrower shall have complied with all of the procedures and requirements set forth in Section 4.12.03; (de) On the date of both immediately before and immediately after giving effect to the issuance of such Letter of Credit, no Default or Event of Default under this Agreement shall have occurred and be continuing; (ef) No no material adverse change in the Properties, assets, liabilities, business, operations, prospects, income or condition (financial or otherwise) of Borrower and its Subsidiaries taken as a whole and having a Material Adverse Effect Borrower, any other Obligor and/or any Subsidiary shall have occurred since the date of this Agreement and be continuing; (fg) All all of the representations and warranties of made by Borrower contained and/or any other Obligor in this Agreement and/or in any other Transaction Document shall be true and correct in all material respects on and as of the date of the issuance of such Letter of Credit as if made on and as of the date of the issuance of such Letter of CreditCredit (and for purposes of this Section 3.03(g), the representations and warranties made by Borrower in Section 4.04 shall be deemed to refer to the most recent financial statements of Borrower delivered to the Lender pursuant to Section 5.01(a)); and (gh) Bank Lender shall have received such other documents, certificates and agreements as it may reasonably request. Each request for the issuance of a Letter of Credit by Borrower hereunder under this Agreement shall be deemed to be a representation and warranty by Borrower on the date of the issuance of such Letter of Credit as to the facts specified in clauses (de), (ef) and (fg) of this Section 7.33.03. 7. A new Section 6.08 is added to the Loan Agreement to provide in its entirety as follows:

All Letters of Credit. Notwithstanding any provision contained herein in this Agreement to the contrary, Mercantile U.S. Bank shall have no obligation to issue any Letter of Credit hereunder under this Agreement unless: (a) Mercantile the Agent and each Lender shall have received a current Borrowing Base Certificate as required by Section 2.01(b); (b) U.S. Bank shall have received a Letter of Credit Request for such Letter of Credit as required by Section 4.1(a2.03(a); (bc) Mercantile U.S. Bank shall have received a Letter of Credit Application for such Letter of Credit as required by Section 4.1(a2.03(a), duly executed by an authorized officer of Borrower the Company as account partyparty and applicant; (cd) Borrower the Company shall have complied with all of the procedures and requirements set forth in Section 4.12.03; (de) On the date of both immediately before and immediately after giving effect to the issuance of such Letter of Credit, no Default or Event of Default under this Agreement shall have occurred and be continuing; (ef) No no material adverse change in the Properties, assets, liabilities, business, operations, prospects, income or condition (financial or otherwise) of Borrower the Company, XxXxxxx Electronics and/or the Company and its Subsidiaries taken as a whole and having a Material Adverse Effect shall have occurred since the date of this Agreement and be continuing; (fg) All all of the representations and warranties of Borrower contained made by the Company, XxXxxxx Electronics and/or any other Obligor in this Agreement and/or in any other Transaction Document shall be true and correct in all material respects on and as of the date of the issuance of such Letter of Credit as if made on and as of the date of the issuance of such Letter of CreditCredit (and for purposes of this Section 3.03(g), the representations and warranties made by the Company and XxXxxxx Electronics in Section 4.04 shall be deemed to refer to the most recent financial statements of the Company delivered to the Agent and each Lender pursuant to Section 5.01(a)); and (gh) U.S. Bank shall have received such other documents, certificates and agreements as it may reasonably request. Each request for the issuance of a Letter of Credit by Borrower hereunder the Company under this Agreement shall be deemed to be a representation and warranty by Borrower the Company on the date of the issuance of such Letter of Credit as to the facts specified in clauses (de), (ef) and (fg) of this Section 7.33.03.

All Letters of Credit. Notwithstanding any provision contained herein in this Agreement to the contrary, Mercantile Lender shall have no obligation to issue any Letter of Credit hereunder under this Agreement unless: (a) Mercantile Lender shall have received a current Borrowing Base Certificate as required by Section 2.01(b); (b) Lender shall have received a Letter of Credit Request for such Letter of Credit as required by Section 4.1(a2.03(a); (bc) Mercantile Lender shall have received a Letter of Credit Application for such Letter of Credit as required by Section 4.1(a2.03(a), duly executed by an authorized officer of Borrower the Company as account partyparty and applicant; (cd) Borrower the Company shall have complied with all of the procedures and requirements set forth in Section 4.12.03; (de) On the date of both immediately before and immediately after giving effect to the issuance of such Letter of Credit, no Default or Event of Default under this Agreement shall have occurred and be continuing; (ef) No no material adverse change in the Properties, assets, liabilities, business, operations, prospects, income or condition (financial or otherwise) of Borrower and its Subsidiaries taken as a whole and having a Material Adverse Effect the Company, XxXxxxx Properties any other Obligor and/or any Subsidiary shall have occurred since the date of this Agreement and be continuing; (fg) All all of the representations and warranties of Borrower contained made by the Company, XxXxxxx Properties and/or any other Obligor in this Agreement and/or in any other Transaction Document shall be true and correct in all material respects on and as of the date of the issuance of such Letter of Credit as if made on and as of the date of the issuance of such Letter of CreditCredit (and for purposes of this Section 3.03(g), the representations and warranties made by the Company and XxXxxxx Properties in Section 4.04 shall be deemed to refer to the most recent financial statements of the Company delivered to the Lender pursuant to Section 5.01(a)); and (gh) Bank Lender shall have received such other documents, certificates and agreements as it may reasonably request. Each request for the issuance of a Letter of Credit by Borrower hereunder the Company under this Agreement shall be deemed to be a representation and warranty by Borrower the Company on the date of the issuance of such Letter of Credit as to the facts specified in clauses (de), (ef) and (fg) of this Section 7.33.03.

All Letters of Credit. Notwithstanding any provision contained herein in this Agreement to the contrary, Mercantile U.S. Bank shall have no obligation to issue issue, amend or extend any Letter of Credit hereunder under this Agreement unless: (a) Mercantile the Agent and each Lender shall have received a current Borrowing Base Certificate as required by Section 2.01(b); (b) U.S. Bank shall have received a Letter of Credit Request for such Letter of Credit as required by Section 4.1(a2.05(a); (bc) Mercantile U.S. Bank shall have received a Letter of Credit Application for such Letter of Credit as required by Section 4.1(a2.05(a), duly executed by an authorized officer of Borrower the Company as account partyparty and applicant; (cd) Borrower the Company shall have complied with all of the procedures and requirements set forth in Section 4.12.05; (de) On the date of both immediately before and immediately after giving effect to the issuance issuance, amendment or extension of such Letter of Credit, no Default or Event of Default under this Agreement shall have occurred and be continuing; (ef) No no material adverse change in the Properties, assets, liabilities, business, operations, prospects, income or condition (financial or otherwise) of Borrower the Company, XxXxxxx Electronics, XxXxxxx Acquisition and/or the Company and its Subsidiaries taken as a whole and having a Material Adverse Effect shall have occurred since the date of this Agreement September 28, 2008, and be continuing; (fg) All all of the representations and warranties of Borrower contained made by the Company, XxXxxxx Electronics, XxXxxxx Acquisition and/or any other Obligor in this Agreement and/or in any other Transaction Document shall be true and correct in all material respects on and as of the date of the issuance issuance, amendment or extension of such Letter of Credit as if made on and as of the date of the issuance issuance, amendment or extension of such Letter of CreditCredit (and for purposes of this Section 3.03(g), the representations and warranties made by the Company, XxXxxxx Electronics and XxXxxxx Acquisition in Section 4.04 shall be deemed to refer to the most recent financial statements of the Company and its Subsidiaries delivered to the Agent and each Lender pursuant to Section 5.01(a)); and (gh) U.S. Bank shall have received such other documents, certificates and agreements as it may reasonably request. Each request for the issuance issuance, amendment or extension of a Letter of Credit by Borrower hereunder the Company under this Agreement shall be deemed to be a representation and warranty by Borrower the Company on the date of the issuance issuance, amendment or extension of such Letter of Credit as to the facts specified in clauses (de), (ef) and (fg) of this Section 7.33.03.

All Letters of Credit. Notwithstanding any provision contained herein to the contrary, Mercantile shall have no obligation to issue any Letter of Credit hereunder unless: (a) Mercantile shall have received a Letter of Credit Request for such Letter of Credit as required by Section 4.1(a); (b) Mercantile shall have received a Letter of Credit Application for such Letter of Credit as required by Section 4.1(a), duly executed by an authorized officer of Borrower as account party; (c) Borrower shall have complied with all of the procedures and requirements set forth in Section 4.1; (d) On the date of and immediately after the issuance of such Letter of Credit, no Default or Event of Default under this Agreement shall have occurred and be continuing; (e) No change in the Properties, assets, liabilities, business, operations, prospects, income or condition (financial or otherwise) of Borrower and its Subsidiaries taken as a whole and having a Material Adverse Effect shall have occurred since the date of this Agreement and be continuing; (f) All of the representations and warranties of Borrower contained in this Agreement shall be true and correct in all material respects on and as of the date of the issuance of such Letter of Credit as if made on and as of the date of the issuance of such Letter of CreditCredit except for such inaccuracies that are not reasonably likely to result in a Material Adverse Effect; and (g) Bank shall have received such other documents, certificates and agreements as it may reasonably request. Each request for the issuance of a Letter of Credit by Borrower hereunder shall be deemed to be a representation and warranty by Borrower on the date of the issuance of such Letter of Credit as to the facts specified in clauses (d), (e) and (f) of this Section 7.38.3.

All Letters of Credit. Notwithstanding any provision contained herein to the contrary, Mercantile Agent shall have no obligation to issue any Letter of Credit hereunder unless: (a) Mercantile Agent shall have received a Letter of Credit Request for such Letter of Credit as required by Section 4.1(a2.1B(a); (b) Mercantile Agent shall have received a Letter of Credit Application for such Letter of Credit as required by Section 4.1(a2.1B(a), duly executed by an authorized officer of Borrower the Company as account party; (c) Borrower The Company shall have complied with all of the procedures and requirements set forth in Section 4.12.1B; (d) On the date of and immediately after the issuance of such Letter of Credit, no Default or Event of Default under this Agreement shall have occurred and be continuing; (e) No change in the Propertiesproperties, assets, liabilities, business, operations, prospects, income or condition (financial or otherwise) of Borrower the Company and its Subsidiaries taken as a whole and having a Material Adverse Effect material adverse effect shall have occurred since the date of this Agreement and be continuing; (f) All of the representations and warranties of Borrower the Company contained in this Agreement shall be true and correct in all material respects on and as of the date of the issuance of such Letter of Credit as if made on and as of the date of the issuance of such Letter of Credit; and (g) Bank Agent shall have received such other documents, certificates and agreements as it may reasonably request. Each request for the issuance of a Letter of Credit by Borrower the Company hereunder shall be deemed to be a representation and warranty by Borrower the Company on the date of the issuance of such Letter of Credit as to the facts specified in clauses (d), (e) and (f) of this Section 7.3.3.3,

All Letters of Credit. Notwithstanding any provision contained herein in this --------------------- Agreement to the contrary, Mercantile Lender shall have no obligation to issue any Letter of Credit hereunder under this Agreement unless: (a) Mercantile Lender shall have received a current Borrowing Base Certificate as required by Section 2.01(b) and the current Borrowing Base reconciliations required by Section 2.01(c); (b) Lender shall have received a Letter of Credit Request for such Letter of Credit as required by Section 4.1(a2.02(a); (bc) Mercantile Lender shall have received a Letter of Credit Application for such Letter of Credit as required by Section 4.1(a2.02(a), duly executed by an authorized officer any of Borrower the Borrowers as account partyparty and applicant; (cd) Borrower Borrowers shall have complied with all of the procedures and requirements set forth in Section 4.12.02; (de) On the date of both immediately before and immediately after giving effect to the issuance of such Letter of Credit, no Default or Event of Default under this Agreement shall have occurred and be continuing; (ef) No no material adverse change in the Properties, assets, liabilities, business, operations, prospects, income or condition (financial or otherwise) of Borrower Borrowers and its Subsidiaries Subsidiaries, taken as a whole and having a Material Adverse Effect whole, shall have occurred since the date of this Agreement and be continuing; (fg) All all of the representations and warranties made by any of Borrower contained the Borrowers and/or any other Obligor in this Agreement and/or in any other Transaction Document shall be true and correct in all material respects on and as of the date of the issuance of such Letter of Credit as if made on and as of the date of the issuance of such Letter of CreditCredit (and for purposes of this Section 3.03(g), the representations and warranties made by Borrowers in Section 4.04 shall be deemed to refer to the most recent financial statements of Borrowers delivered to the Lender pursuant to Section 5.01(a)); and (gh) Bank Lender shall have received such other documents, certificates and agreements as it may reasonably request. Each request for the issuance of a Letter of Credit by Borrower hereunder any of the Borrowers under this Agreement shall be deemed to be a representation and warranty by Borrower each of the Borrowers on the date of the issuance of such Letter of Credit as to the facts specified in clauses (de), (ef) and (fg) of this Section 7.33.03.

All Letters of Credit. Notwithstanding any provision contained herein to the contrary, Mercantile shall have no obligation to issue any Letter of Credit hereunder under this Agreement unless: (a) Mercantile shall have received a Letter of Credit Request for such Letter of Credit as required by Section 4.1(a3.01(a); (b) Mercantile shall have received a Letter of Credit Application for such Letter of Credit as required by Section 4.1(a3.01(a), duly executed by an authorized officer of Borrower as account party; (c) Borrower shall have complied with all of the procedures and requirements set forth in Section 4.13.01; (d) On on the date of and immediately after the issuance of such Letter of Credit, no Default or Event of Default under this Agreement shall have occurred and be continuing; (e) No no material adverse change in the Properties, assets, liabilities, business, operations, prospects, income or condition (financial or otherwise) of Borrower and its Subsidiaries taken as a whole and having a Material Adverse Effect shall have occurred since the date of this Agreement and be continuing; (f) All all of the representations and warranties of Borrower contained in this Agreement and in the other Transaction Documents shall be true and correct in all material respects on and as of the date of the issuance of such Letter of Credit as if made on and as of the date of the issuance of such Letter of CreditCredit (and for purposes of this Section 4.03(f), the representations and warranties made by Borrower in Section 5.04 shall be deemed to refer to the most recent financial statements of Borrower delivered to the Banks pursuant to Section 6.01(a)); and (g) Bank Mercantile shall have received such other documents, certificates and agreements as it may reasonably request. Each request for the issuance of a Letter of Credit by Borrower hereunder shall be deemed to be a representation and warranty by Borrower on the date of the issuance of such Letter of Credit as to the facts specified in clauses (d), (e) and (f) of this Section 7.34.03.

All Letters of Credit. Notwithstanding any provision contained herein to the contrary, Mercantile Bank shall have no obligation to issue any Letter of Credit hereunder under this Agreement unless: (a) Mercantile Bank shall have received a Letter of Credit Request for such Letter of Credit as required by Section 4.1(a2.02(a); (b) Mercantile Bank shall have received a Letter of Credit Application for such Letter of Credit as required by Section 4.1(a2.02(a), duly executed by an authorized officer of Borrower as applicant and account party; (c) Borrower shall have complied with all of the procedures and requirements set forth in Section 4.12.02; (d) On after giving effect to the date issuance of the requested Letter of Credit, the Total Outstandings are less than or equal to the amount of the Bank’s Commitment; (e) both immediately before and immediately after the issuance of such Letter of Credit, no Default or Event of Default under this Agreement shall have occurred and be continuing; (ef) No no material adverse change in the Properties, assets, liabilities, business, operations, prospects, income or condition (financial or otherwise) of Borrower and its Subsidiaries taken as a whole and having a Material Adverse Effect shall have occurred since the date of this Agreement and be continuing; (fg) All all of the representations and warranties of made by Borrower contained and/or any other Obligor in this Agreement and/or in any other Transaction Document shall be true and correct in all material respects on and as of the date of the issuance of such Letter of Credit as if made on and as of the date of the issuance of such Letter of CreditCredit (and for purposes of this Section 3.03(f), the representations and warranties made by Borrower in Section 4.04 shall be deemed to refer to the most recent financial statements of Borrower and its Subsidiaries delivered to Bank pursuant to Section 5.01(a)); and (gh) Bank shall have received such other documents, certificates and agreements as it may reasonably request. Each request for the issuance of a Letter of Credit by Borrower hereunder under this Agreement shall be deemed to be a representation and warranty by Borrower on the date of the issuance of such Letter of Credit as to the facts specified in clauses (d), (e), (f) and (fg) of this Section 7.33.03.

All Letters of Credit. Notwithstanding any provision contained herein in this Agreement to the contrary, Mercantile shall have no obligation to issue any Letter of Credit hereunder under this Agreement unless: (a) Mercantile shall have received a current Borrowing Base Certificate as required by Section 2.01(b); (b) Mercantile shall have received a Letter of Credit Request for such Letter of Credit as required by Section 4.1(a3.01(a); (bc) Mercantile shall have received a Letter of Credit Application for such Letter of Credit as required by Section 4.1(a3.01(a), duly executed by an authorized officer of Borrower as account party; (cd) Borrower shall have complied with all of the procedures and requirements set forth in Section 4.13.01; (de) On on the date of and immediately after the issuance of such Letter of Credit, no Default or Event of Default under this Agreement shall have occurred and be continuing; (ef) No no material adverse change in the Properties, assets, liabilities, business, operations, prospects, income or condition (financial or otherwise) of Borrower and its Subsidiaries taken as a whole and having a Material Adverse Effect shall have occurred since the date of this Agreement and be continuing; (fg) All all of the representations and warranties of Borrower and the Guarantors contained in this Agreement and in the other Transaction Documents shall be true and correct in all material respects on and as of the date of the issuance of such Letter of Credit as if made on and as of the date of the issuance of such Letter of CreditCredit (and for purposes of this Section 4.03(f), the representations and warranties made by Borrower in Section 5.04 shall be deemed to refer to the most recent financial statements of Borrower delivered to the Banks pursuant to Section 6.01(a)); and (gh) Bank Mercantile shall have received such other documents, certificates and agreements as it may reasonably request. Each request for the issuance of a Letter of Credit by Borrower hereunder shall be deemed to be a representation and warranty by Borrower on the date of the issuance of such Letter of Credit as to the facts specified in clauses (de), (ef) and (fg) of this Section 7.34.03.