Common use of Amount and Expiration Clause in Contracts

Amount and Expiration. (i) Subject to the terms and conditions of this Agreement, any of the Banks may issue one or more Standby L/Cs (in such capacity, each Bank which issues an L/C is sometimes hereinafter referred to as an "Issuing Bank" in respect of such L/Cs issued by it) for the account of an Account Party, provided, however, that no L/C shall be issued if, after giving effect to the issuance of such L/C (i) the aggregate amount of all L/C Obligations and the aggregate amount of all Loans (including Temporary Loans) then outstanding would exceed the lesser of the Borrowing Base or the Total Commitment, and (ii) the aggregate amount of all L/C Obligations then outstanding would exceed Five Million ($5,000,000) Dollars. Subject to the foregoing, the Borrowers may request the issuance of L/Cs under this Section 2.33, repay any drawings thereunder and request the issuance of additional L/Cs under this Section 2.33. The Borrowers shall be jointly and severally liable for any indebtedness, liabilities and obligations of any Account Party under or arising in connection with any L/C. For all purposes of this Agreement, reference to the "Issue" or "issuance" of any L/C or any L/C being "issued" shall include the amendment, supplement or modification of any L/C, including, without limitation, any increase in the amount thereof, or any extension or renewal thereof

Appears in 1 contract

Samples: Loan Agreement (Linc Group Inc)

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Amount and Expiration. (i) Subject to the terms and conditions of this Agreement, any of from the Banks Closing Date to the date which is 30 days before the Termination Date, Borrower may request that the L/C Issuer, in its individual capacity, issue one or more Standby L/Cs (in such capacity, each Bank which issues an L/C is sometimes hereinafter referred to as an "Issuing Bank" in respect of such L/Cs issued by it) for the account of an Account Party, Borrower; provided, however, that no L/C shall be issued if, after giving effect to the issuance of such L/C and of any other L/Cs requested to be issued on the same Funding Date and to the making of any Committed Loans or Bid Rate Loans requested to be made on the same Funding Date, (iA) the aggregate amount of all L/C Obligations and Outstandings plus the aggregate amount of all Committed Loans (including Temporary Loans) and Bid Rate Loans then outstanding would exceed the lesser of the Borrowing Base Aggregate Commitments at such time, or the Total Commitment, and (iiB) the aggregate amount of all L/C Obligations then outstanding Outstandings would exceed Five Million ($5,000,000) Dollarsthe L/C Sublimit. Subject to the foregoing, the Borrowers Borrower may request the issuance of L/Cs under this Section 2.33subsection (i), repay any drawings thereunder and request the issuance of additional L/Cs under this Section 2.33subsection (i). The Borrowers shall be jointly and severally liable for any indebtedness, liabilities and obligations of any Account Party under or arising in connection with any L/C. For all purposes of this Agreement, reference to the "Issueissue" or "issuance" of any L/C or any L/C being "issued" shall include the amendment, supplement or modification of any L/C, including, without limitation, any increase in the amount thereof, or any extension or renewal thereof.

Appears in 1 contract

Samples: Credit Agreement (Midamerican Energy Holdings Co /New/)

Amount and Expiration. (i) Subject to the terms and conditions of this Agreement, any of from the Banks Closing Date to the date which is thirty (30) days before the Termination Date, Borrower may request that the L/C Issuer, in its individual capacity, issue one or more Standby L/Cs (in such capacity, each Bank which issues an L/C is sometimes hereinafter referred to as an "Issuing Bank" in respect of such L/Cs issued by it) for the account of an Account Party, Borrower; provided, however, that no L/C shall be issued if, after giving effect to the issuance of such L/C and of any other L/Cs requested to be issued on the same Funding Date and to the making of any Committed Loans or Bid Rate Loans requested to be made on the same Funding Date, (iA) the aggregate amount of all L/C Obligations and Outstandings plus the aggregate amount of all Committed Loans (including Temporary Loans) and Bid Rate Loans then outstanding would exceed the lesser of the Borrowing Base Aggregate Commitments at such time or the Total Commitment, and (iiB) the aggregate amount of all L/C Obligations then outstanding Outstandings would exceed Five Million ($5,000,000) Dollarsthe L/C Sublimit. Subject to the foregoing, the Borrowers Borrower may request the issuance of L/Cs under this Section 2.33subsection (i), repay any drawings thereunder and request the issuance of additional L/Cs under this Section 2.33subsection (i). The Borrowers shall be jointly and severally liable for any indebtedness, liabilities and obligations of any Account Party under or arising in connection with any L/C. For all purposes of this Agreement, reference to the "Issue" “issue” or "issuance" of any L/C or any L/C being "issued" shall include the amendment, supplement or modification of any L/C, including, without limitation, any increase in the amount thereof, or any extension or renewal thereof.

Appears in 1 contract

Samples: Credit Agreement (Midamerican Energy Holdings Co /New/)

Amount and Expiration. (i) Subject to the terms and conditions of this Agreement, any of from the Banks Closing Date to the date which is thirty (30) days before the Termination Date, Borrower may request that the L/C Issuer, in its individual capacity, issue one or more Standby L/Cs (in such capacity, each Bank which issues an L/C is sometimes hereinafter referred to as an "Issuing Bank" in respect of such L/Cs issued by it) for the account of an Account Party, Borrower; provided, however, that no L/C shall be issued if, after giving effect to the issuance of such L/C and of any other L/Cs requested to be issued on the same Funding Date and to the making of any Committed Loans or Bid Rate Loans requested to be made on the same Funding Date, (iA) the aggregate amount of all L/C Obligations and Outstandings plus the aggregate amount of all Committed Loans (including Temporary Loans) and Bid Rate Loans then outstanding would exceed the lesser of the Borrowing Base or the Total CommitmentAggregate Commitments at such time, and (iiB) the aggregate amount of all L/C Obligations then outstanding Outstandings would exceed Five Million the L/C Sublimit or ($5,000,000C) Dollarsif the Termination Date shall have been extended pursuant to Section 2.12, the aggregate amount of all L/C Outstandings would exceed the Aggregate Commitments scheduled to be in effect on the latest Termination Date. Subject to the foregoing, the Borrowers Borrower may request the issuance of L/Cs under this Section 2.33subsection (i), repay any drawings thereunder and request the issuance of additional L/Cs under this Section 2.33subsection (i). The Borrowers shall be jointly and severally liable for any indebtedness, liabilities and obligations of any Account Party under or arising in connection with any L/C. For all purposes of this Agreement, reference to the "Issue" “issue” or "issuance" of any L/C or any L/C being "issued" shall include the amendment, supplement or modification of any L/C, including, without limitation, any increase in the amount thereof, or any extension or renewal thereof.

Appears in 1 contract

Samples: Credit Agreement (Midamerican Energy Holdings Co /New/)

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Amount and Expiration. (i) Subject to the terms and conditions of this Agreement, any the Borrower may request that NatWest Plc in its individual capacity (in the case of Standby L/Cs) or NatWest Canada in its individual capacity (in the Banks may case of Documentary L/Cs) issue one or more Standby L/Cs (in such capacity, each Bank which issues an L/C of NatWest Plc and NatWest Canada is sometimes hereinafter herein referred to as an "Issuing BankTHE ISSUING BANK" in respect of such L/Cs issued by itand collectively as "THE ISSUING BANKS") for the account of an Account Partythe Borrower, providedPROVIDED, howeverHOWEVER, that no L/C shall be issued if, after giving effect to the issuance of such L/C (i) the aggregate amount of all Net L/C Obligations and the aggregate amount of all Loans (including Temporary Loans) then outstanding would exceed the lesser of the Borrowing Base Total Commitment at such time, or the Total Commitment, and (ii) the aggregate amount of all L/C Obligations then outstanding would exceed Five Million ($5,000,000) Dollarsthe Maximum L/C Amount. Subject to the foregoing, the Borrowers Borrower may request the issuance of L/Cs under this Section 2.332.16, repay any drawings thereunder and request the issuance of additional L/Cs under this Section 2.332.16. The Borrowers shall be jointly and severally liable for any indebtedness, liabilities and obligations of any Account Party under or arising in connection with any L/C. For all purposes of this Agreement, reference to the "Issueissue" or "issuance" of any L/C or any L/C being "issued" shall include the amendment, supplement or modification of any L/C, including, without limitation, any increase in the amount thereof, or any extension or renewal thereof.

Appears in 1 contract

Samples: Credit Agreement (Lodgenet Entertainment Corp)

Amount and Expiration. (i) Subject to the terms and conditions of this Agreement, any the Borrower may request that NatWest Plc in its individual capacity (in the case of Standby L/Cs) or BankBoston, N.A. in its individual capacity (in the Banks may case of Standby L/Cs and Documentary L/Cs) issue one or more Standby L/Cs (in such capacity, each Bank which issues an L/C of NatWest Plc and BankBoston, N.A. is sometimes hereinafter herein referred to as an the "Issuing BankISSUING BANK" in respect of such L/Cs issued by itand collectively as the "ISSUING BANKS") for the account of an Account Partythe Borrower, providedPROVIDED, howeverHOWEVER, that no L/C shall be issued if, after giving effect to the issuance of such L/C (i) the aggregate amount of all Net L/C Obligations and the aggregate amount of all Revolving Loans (including Temporary Loans) then outstanding would exceed the lesser of the Borrowing Base Aggregate Revolving Commitment at such time, or the Total Commitment, and (ii) the aggregate amount of all L/C Obligations then outstanding would exceed Five Million ($5,000,000) Dollarsthe Maximum L/C Amount. Subject to the foregoing, the Borrowers Borrower may request the issuance of L/Cs under this Section 2.332.23, repay any drawings thereunder and request the issuance of additional L/Cs under this Section 2.332.23. The Borrowers shall be jointly and severally liable for any indebtedness, liabilities and obligations of any Account Party under or arising in connection with any L/C. For all purposes of this Agreement, reference to the "Issueissue" or "issuance" of any L/C or any L/C being "issued" shall include the amendment, supplement or modification of any L/C, including, without limitation, any increase in the amount thereof, or any extension or renewal thereof.

Appears in 1 contract

Samples: Credit Agreement (Lodgenet Entertainment Corp)

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