Amounts; Outside Expiration Date. The Agent shall not have any obligation to cause to be issued any Letter of Credit or to provide Credit Support for any Letter of Credit at any time if: (1) the maximum undrawn amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (2) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrower in connection with the opening thereof exceed the Combined Availability at such time; (3) in the case of a standby Letter of Credit, the maximum undrawn amount of the requested standby Letter of Credit, together will all other standby Letters of Credit issued for the account of the Borrower, exceeds $20,000,000; or (4) such Letter of Credit has an expiration date later than 30 days prior to the Stated Termination Date or more than 12 months from the date of issuance for standby letters of credit and 180 days for documentary letters of credit. With respect to any Letter of Credit which contains any "evergreen" or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty days prior to the date on which the Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 2.3 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.
Appears in 3 contracts
Samples: Loan and Security Agreement (Eddie Bauer Holdings, Inc.), Loan and Security Agreement (Eddie Bauer Holdings, Inc.), Loan and Security Agreement (Eddie Bauer Holdings, Inc.)
Amounts; Outside Expiration Date. The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit or to provide Credit Support for any Letter of Credit at any time if: (1i) the maximum undrawn face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (2ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrower in connection with the opening thereof would exceed the Combined Availability at such time; (3) in the case of a standby Letter of Credit, the maximum undrawn amount of the requested standby Letter of Credit, together will all other standby Letters of Credit issued for the account of the Borrower, exceeds $20,000,000; or (4iii) such Letter of Credit has an expiration date later less than 30 five (5) days prior to the Stated Termination Date or more than 12 months from the date of issuance (provided that any Letter of Credit with a 12-month tenor may provide for standby letters of credit and 180 the renewal thereof for additional 12-month periods, which shall in no event extend beyond five (5) days for documentary letters of creditprior to the Stated Termination Date). With respect to any Letter of Credit which contains any "“evergreen" ” or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 2.3 1.3 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.
Appears in 3 contracts
Samples: Credit Agreement (Omnova Solutions Inc), Credit Agreement (Omnova Solutions Inc), Credit Agreement (Omnova Solutions Inc)
Amounts; Outside Expiration Date. The A Letter of Credit Issuer shall not have any obligation to issue any Letter of Credit and the Agent shall not have any obligation to cause to be issued any Letter of Credit or to provide Credit Support for any Letter of Credit at any time if: (1i) the maximum undrawn face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (2ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrower Borrowers in connection with the opening thereof would exceed the Combined Availability at such time; (3) in the case of a standby Letter of Credit, the maximum undrawn amount of the requested standby Letter of Credit, together will all other standby Letters of Credit issued for the account of the Borrower, exceeds $20,000,000; or (4iii) such Letter of Credit has an expiration date later less than 30 thirty (30) days prior to the Stated Termination Date or more than 12 twelve (12) months from the date of issuance for standby letters of credit and 180 days from the date of issuance for documentary letters of credit; provided that any Letter of Credit issued in connection with the IRBs may have an expiration date of not later than the Termination Date. With respect to any Letter of Credit which contains any "“evergreen" ” or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 2.3 1.3 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.
Appears in 3 contracts
Samples: Credit Agreement (Westlake Chemical Corp), Credit Agreement (Westlake Chemical Corp), Credit Agreement (Westlake Chemical Corp)
Amounts; Outside Expiration Date. The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit or to provide Credit Support for any Letter of Credit at any time if: (1i) the maximum undrawn face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (2ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrower Borrowers in connection with the opening thereof would exceed the Combined Availability at such time; (3) in the case of a standby Letter of Credit, the maximum undrawn amount of the requested standby Letter of Credit, together will all other standby Letters of Credit issued for the account of the Borrower, exceeds $20,000,000; or (4iii) such Letter of Credit has an expiration date later less than 30 days prior to the Stated Termination Date or more than 12 months from the date of issuance for standby letters of credit and 180 days for documentary letters of credit. With respect to any Letter of Credit which contains any "“evergreen" ” or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, Agent written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit, provided, that, no such extension or renewal shall cause the expiration date of such Letter of Credit to extend beyond the 30th day prior to the Stated Termination Date. If all of the requirements of this Section 2.3 1.3 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.
Appears in 2 contracts
Samples: Credit Agreement (PSS World Medical Inc), Credit Agreement (PSS World Medical Inc)
Amounts; Outside Expiration Date. The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit or to provide Credit Support for any Letter of Credit at any time if: (1i) the maximum undrawn face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (2ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrower in connection with the opening thereof would exceed the Combined Availability at such time; (3) in the case of a standby Letter of Credit, the maximum undrawn amount of the requested standby Letter of Credit, together will all other standby Letters of Credit issued for the account of the Borrower, exceeds $20,000,000; or (4iii) such Letter of Credit has an expiration date later less than 30 days prior to the Stated Termination Date or more than 12 months from the date of issuance for standby letters of credit and 180 days for documentary letters of credit. With respect to any Letter of Credit which contains any "“evergreen" ” or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 2.3 1.4 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.
Appears in 2 contracts
Samples: Credit Agreement (Spansion Inc.), Credit Agreement (Advanced Micro Devices Inc)
Amounts; Outside Expiration Date. The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit or to provide Credit Support for any Letter of Credit at any time if: (1i) the maximum undrawn face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (2ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrower Borrowers in connection with the opening thereof would exceed the Combined Availability at such time; (3) in the case of a standby Letter of Credit, the maximum undrawn amount of the requested standby Letter of Credit, together will all other standby Letters of Credit issued for the account of the Borrower, exceeds $20,000,000; or (4iii) such Letter of Credit has an expiration date later less than 30 days prior to the Stated Termination Date or more than 12 months from the date of issuance for standby letters of credit and 180 days for documentary letters of credit. With respect to any Letter of Credit which contains any "“evergreen" ” or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 2.3 1.3 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.
Appears in 2 contracts
Samples: Credit Agreement (Unifi Inc), Credit Agreement (Unifi Inc)
Amounts; Outside Expiration Date. The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit or to provide Credit Support for any Letter of Credit at any time if: (1i) the maximum undrawn face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (2ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrower Borrowers in connection with the opening thereof would exceed the Combined Availability at such time; (3) in the case of a standby Letter of Credit, the maximum undrawn amount of the requested standby Letter of Credit, together will all other standby Letters of Credit issued for the account of the Borrower, exceeds $20,000,000; or (4iii) such Letter of Credit has an expiration date later less than 30 days prior to the Stated Termination Date or more than 12 months from the date of issuance for standby letters of credit and 180 days for documentary letters of credit. With respect to any Letter of Credit which contains any "evergreen" or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 2.3 1.3 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.
Appears in 2 contracts
Samples: Credit Agreement (Maxxam Inc), Credit Agreement (Unifi Inc)
Amounts; Outside Expiration Date. The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit or to provide Credit Support for any Letter of Credit at any time if: if (1i) the maximum undrawn aggregate amount of the requested Letter of Credit for the term of such Letter of Credit (including any increases in amount referenced therein) is greater than the Unused Letter of Credit Subfacility at such time; (2ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrower in connection with the opening thereof would exceed the Combined Availability at such time; (3) in the case of a standby Letter of Credit, the maximum undrawn amount of the requested standby Letter of Credit, together will all other standby Letters of Credit issued for the account of the Borrower, exceeds $20,000,000U.S. Availability; or (4iii) such Letter of Credit has an expiration date later than 30 days prior to the Stated Termination Date or more than 12 months from after the date of issuance for issuance, in the case of standby letters of credit and (subject to customary evergreen or automatic renewal provisions reasonably acceptable to such Letter of Credit Issuer), or later than 180 days for after the date of issuance, in the case of documentary letters of credit; provided that in no event shall any Letter of Credit have an expiration date later than the date that is five (5) Business Days prior to the Termination Date. With respect to any Letter of Credit which contains any "“evergreen" ” or automatic renewal or extension provision, each Lender if such Letter of Credit permits the Letter of Credit Issuer to prevent any extension by giving notice to the beneficiary thereof no later than a date (the “Non-Extension Notice Date”), once any such Letter of Credit has been issued, the U.S. Lenders shall be deemed to have consented authorized the Letter of Credit Issuer to any permit extensions of such extension or renewal Letter of Credit to an expiry date not later than the date that is five (5) Business Days prior to the Termination Date, unless any such Lender the Agent shall have provided to the Agent, received written notice that it declines from the Required Lenders declining to consent to any such extension or renewal at least thirty (30) days prior to the date on which the Letter of Credit Issuer is entitled to Non-Extension Notice Date; provided that no Lender may decline to extend or renew the Letter of Credit. If consent to any such extension if all of the requirements of this Section 2.3 2.4 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.
Appears in 2 contracts
Samples: Credit Agreement (United Rentals Inc /De), Credit Agreement (United Rentals North America Inc)
Amounts; Outside Expiration Date. The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit or to provide Credit Support for any Letter of Credit at any time if: (1i) the maximum undrawn face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (2ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrower Borrowers in connection with the opening thereof would exceed the Combined Availability at such time; (3) in the case of a standby Letter of Credit, the maximum undrawn amount of the requested standby Letter of Credit, together will all other standby Letters of Credit issued for the account of the Borrower, exceeds $20,000,000; or (4iii) such Letter of Credit has an expiration date later less than 30 days prior to the Stated Termination Date or more than 12 twelve (12) months from the date of issuance for standby letters of credit and 180 days from the date of issuance for documentary letters of credit; provided that any Letter of Credit issued in connection with the IRB may have an expiration date of not later than the Termination Date. With respect to any Letter of Credit which contains any "evergreen" or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 2.3 SECTION 1.3 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.
Appears in 1 contract
Amounts; Outside Expiration Date. The Agent shall not have any obligation to -------------------------------- issue or cause to be issued any Letter of Credit or to provide Credit Support for any Letter of Credit at any time if: (1i) the maximum undrawn face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (2ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the relevant Borrower in connection with the opening thereof would exceed the Combined Availability at such time; (3) in the case of a standby Letter of Credit, the maximum undrawn amount of the requested standby Letter of Credit, together will all other standby Letters of Credit issued for the account of the Borrower, exceeds $20,000,000; or (4iii) such Letter of Credit has an expiration date later less than 30 days prior to the Stated Termination Date or more than 12 months from the date of issuance for standby letters of credit and 180 days for documentary letters of credit. With respect to any Letter of Credit which contains any "evergreen" or automatic renewal provision, and subject to the satisfaction of the other conditions of this Section 1.4, each Lender ----------- shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty 30 days prior to the date on which the Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 2.3 1.4 are met and no Default or Event of Default has occurred and is ----------- continuing, no Lender shall decline to consent to any such extension or renewal.
Appears in 1 contract
Samples: Credit Agreement (Mail Well Inc)
Amounts; Outside Expiration Date. The Agent shall not have any -------------------------------- obligation to issue or cause to be issued any Letter of Credit or to provide Credit Support for any Letter of Credit at any time if: (1i) the maximum undrawn face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (2ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrower in connection with the opening thereof would exceed the Combined Availability at such time; (3) in the case of a standby Letter of Credit, the maximum undrawn amount of the requested standby Letter of Credit, together will all other standby Letters of Credit issued for the account of the Borrower, exceeds $20,000,000; or (4iii) such Letter of Credit has an expiration date later less than 30 days prior to the Stated Termination Date or more than 12 months from the date of issuance for standby letters of credit and 180 days from the date of issuance for documentary letters of credit. With respect to any Letter of Credit which contains any "evergreen" or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 2.3 1.3 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.
Appears in 1 contract
Samples: Credit Agreement (Coorstek Inc)
Amounts; Outside Expiration Date. The Administrative Agent shall not have any obligation to issue or cause to be issued any Letter of Credit or to provide Credit Support for any Letter of Credit at any time if: (1i) the maximum undrawn face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (2ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, fees and charges due from the requesting Borrower in connection with the opening thereof would exceed the Combined Availability of such Borrower at such time; (3) in the case of a standby Letter of Credit, the maximum undrawn amount of the requested standby Letter of Credit, together will all other standby Letters of Credit issued for the account of the Borrower, exceeds $20,000,000; or (4iii) such Letter of Credit has an expiration date later less than 30 days prior to the Stated Termination Date (other than any such Letter of Credit issued at least twelve months prior to the Stated Termination Date which has been extended or renewed in accordance with the terms thereof for a period ending subsequent to the date which is 30 days prior to the Stated Termination Date) or more than 12 months from the date of issuance for standby letters of credit and 180 days for documentary letters of credit. With respect to any Letter of Credit which contains any "“evergreen" ” or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, Administrative Agent written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 2.3 1.4 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.
Appears in 1 contract
Samples: Revolving Credit Agreement (Foamex International Inc)
Amounts; Outside Expiration Date. The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit or to provide Credit Support for any Letter of Credit at any time if: (1i) the maximum undrawn face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (2ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrower Borrowers in connection with the opening thereof would exceed the Combined Availability at such time; (3) in the case of a standby Letter of Credit, the maximum undrawn amount of the requested standby Letter of Credit, together will all other standby Letters of Credit issued for the account of the Borrower, exceeds $20,000,000; or (4iii) such Letter of Credit has an expiration date later less than 30 fifteen (15) days prior to the Stated Termination Date or more than 12 twelve (12) months from the date of issuance for standby letters of credit and 180 days or more than six (6) months from the date of issuance for documentary letters of credit. With respect to any Letter of Credit which contains any "“evergreen" ” or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, Agent written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 2.3 1.3 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.
Appears in 1 contract
Samples: Credit Agreement (Salton Inc)
Amounts; Outside Expiration Date. The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit or to provide Credit Support for any Letter of Credit, nor will any Other Letter of Credit Issuer issue any Letter of Credit, at any time if: (1i) the maximum undrawn face amount of the requested Letter of Credit or amount of requested Credit Support is greater than the Unused Letter of Credit Subfacility at such time; (2ii) the issuance of the requested Letter of Credit would cause a violation of the proviso in the second sentence of Section 1.3(a) above; (iii) the maximum undrawn amount of the requested Letter of Credit, or the amount of requested Credit and all commissionsSupport, fees, and charges due from the Borrower in connection with the opening thereof would exceed the Combined Availability at such time; (3) in the case of a standby Letter of Credit, the maximum undrawn amount of the requested standby Letter of Credit, together will all other standby Letters of Credit issued for the account of the Borrower, exceeds $20,000,000; or (4iv) such Letter of Credit has an expiration date later less than 30 days prior to the Stated Termination Date or (without regard to the effect of any “evergreen” or automatic renewal provisions) more than 12 months from the date of issuance for standby letters of credit and 180 days (or such longer period as the Agent, in its discretion, determines) from the date of issuance for documentary letters of credit. With respect to any Letter of Credit which contains any "“evergreen" ” or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty 30 days prior to the date on which the Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 2.3 1.3 are met and no Default or Event of Default has occurred and is continuing, no Lender shall have the right to decline to consent to any such extension or renewal.
Appears in 1 contract
Samples: Credit Agreement (Saks Inc)
Amounts; Outside Expiration Date. The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit or to provide Credit Support for any Letter of Credit at any time if: (1i) the maximum undrawn face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (2ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrower in connection with the opening thereof would exceed the Combined Availability at such time; (3) in the case of a standby Letter of Credit, the maximum undrawn amount of the requested standby Letter of Credit, together will all other standby Letters of Credit issued for the account of the Borrower, exceeds $20,000,000; or (4iii) such Letter of Credit has an expiration date later less than 30 five (5) days prior to the Stated Termination Date or more than 12 months from the date of issuance (provided that any Letter of Credit with a 12-month tenor may provide for standby letters of credit and 180 the renewal thereof for additional 12-month periods, which shall in no event extend beyond five (5) days for documentary letters of creditprior to the Stated Termination Date). With respect to any Letter of Credit which contains any "“evergreen" ” or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 2.3 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.this
Appears in 1 contract
Amounts; Outside Expiration Date. The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit or to provide Credit Support for any Letter of Credit at any time if: (1i) the maximum undrawn face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (2ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrower in connection with the opening thereof would exceed the Combined Availability at such time; (3) in the case of a standby Letter of Credit, the maximum undrawn amount of the requested standby Letter of Credit, together will all other standby Letters of Credit issued for the account of the Borrower, exceeds $20,000,000; or (4iii) such Letter of Credit has an expiration date later less than 30 thirty (30) days prior to the Stated Termination Date or more than 12 twelve (12) months from the date of issuance for standby letters of credit and 180 one hundred and eighty (180) days for documentary letters of credit. With respect to any Letter of Credit which contains any "evergreen" or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 2.3 1.4 (Letters of Credit) are met and no Default or Event of Default has occurred and is continuingoccurred, no Lender shall decline to consent to any such extension or renewal.
Appears in 1 contract
Samples: Credit Agreement (Weston Roy F Inc)
Amounts; Outside Expiration Date. The Agent Letter of Credit Issuer shall not have any obligation to issue or cause to be issued issued, nor shall any Letter of Credit or Lender have an obligation to provide Credit Support for participate in, any Letter of Credit at any time if: (1i) the maximum undrawn available amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (2ii) the maximum undrawn available amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrower Borrowers in connection with the opening thereof (to the extent such commissions, fees and charges are not paid in cash prior to or at the time of the opening thereof) would exceed the Combined Availability Excess Availability, at such time; (3) in the case of a standby Letter of Credit, the maximum undrawn amount of the requested standby Letter of Credit, together will all other standby Letters of Credit issued for the account of the Borrower, exceeds $20,000,000; or (4iii) such Letter of Credit has an expiration date later than 30 days (inclusive of any acceptance period) on or before the fifth (5th) Business Day prior to the Stated Termination Date or more than 12 months (180 days in the case of documentary Letters of Credit) from the date of issuance (or such longer period as may be acceptable to the Letter of Credit Issuer in its discretion); for standby letters the avoidance of credit and 180 days for documentary letters of creditdoubt, this provision does not apply to any “evergreen” or automatic renewal provision; provided, however, no such automatic renewal shall extend beyond the fifth (5th) Business Day prior to the Stated Termination Date. With respect to any Letter of Credit which contains any "“evergreen" ” or automatic renewal provision, each applicable Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, Agent written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew the such Letter of Credit. If all of the requirements of this Section 2.3 1.5 are met and no Default or Event of Default has occurred and is continuing, no applicable Lender shall decline to consent to any such extension or renewal.
Appears in 1 contract
Amounts; Outside Expiration Date. The Administrative Agent shall not have any obligation to issue or cause to be issued any Letter of Credit or to provide Credit Support for any Letter of Credit at any time if: (1i) the maximum undrawn face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (2ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrower Borrowers in connection with the opening thereof would exceed the Combined Availability at such time; (3) in the case of a standby Letter of Credit, the maximum undrawn amount of the requested standby Letter of Credit, together will all other standby Letters of Credit issued for the account of the Borrower, exceeds $20,000,000; or (4iii) such Letter of Credit has an expiration date later less than 30 days prior to the Stated Termination Date or more than 12 months from the date of issuance for standby letters of credit and 180 days for documentary letters of credit; or (iv) a Defaulting Lender exists, and such Lender or Borrowers have not entered into arrangements satisfactory to the Administrative Agent to eliminate any Fronting Exposure associated with such Defaulting Lender in accordance with Section 1.4(g), Section 12.15(c), or otherwise. With respect to any Letter of Credit which contains any "“evergreen" ” or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Administrative Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 2.3 1.4 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.
Appears in 1 contract
Samples: Credit Agreement (Kforce Inc)
Amounts; Outside Expiration Date. The Administrative Agent shall not have any obligation or, with respect only to subclauses (i) and (ii) hereof, any authority, to issue or cause to be issued any Letter of Credit or to provide Credit Support for any Letter of Credit at any time if: (1i) the maximum undrawn face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (2ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrower Borrowers in connection with the opening thereof would exceed the Combined Availability at such time; (3) in the case of a standby Letter of Credit, the maximum undrawn amount of the requested standby Letter of Credit, together will all other standby Letters of Credit issued for the account of the Borrower, exceeds $20,000,000; or (4iii) such Letter of Credit has an expiration date later than 30 days prior to the Stated Termination Date or more than 12 twelve (12) months from the date of issuance for standby letters of credit and 180 one hundred eighty (180) days for documentary letters of credit. With respect to any Letter of Credit which contains any "evergreen" or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, Administrative Agent written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 2.3 1.3 are met and no Default or Event of Default has occurred and is continuing, no Lender shall have the right to decline to consent to any such extension or renewal.
Appears in 1 contract
Amounts; Outside Expiration Date. The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit or to provide Credit Support for any Letter of Credit at any time if: (1i) the maximum undrawn face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (2ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrower in connection with the opening thereof would exceed the Combined Availability at such time; (3) in the case of a standby Letter of Credit, the maximum undrawn amount of the requested standby Letter of Credit, together will all other standby Letters of Credit issued for the account of the Borrower, exceeds $20,000,000; or (4iii) such Letter of Credit has an expiration date later less than 30 days prior to the Stated Termination Date or more than 12 months from the date of issuance for standby letters of credit and 180 270 days for documentary letters of credit. With respect to any Letter of Credit which contains any "evergreen" or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 2.3 1.4 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.
Appears in 1 contract
Samples: Credit Agreement (3com Corp)
Amounts; Outside Expiration Date. The Administrative Agent shall not have any obligation to issue or cause to be issued any Letter of Credit or to provide Credit Support for any Letter of Credit at any time if: (1i) the maximum undrawn face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (2ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, fees and charges due from the requesting Borrower in connection with the opening thereof would exceed the Combined Availability of such Borrower at such time; (3) in the case of a standby Letter of Credit, the maximum undrawn amount of the requested standby Letter of Credit, together will all other standby Letters of Credit issued for the account of the Borrower, exceeds $20,000,000; or (4iii) such Letter of Credit has an expiration date later less than 30 days prior to the Stated Termination Date (other than any such Letter of Credit issued at least twelve months prior to the Stated Termination Date which has been extended or renewed in accordance with the terms thereof for a period ending subsequent to the date which is 30 days prior to the Stated Termination Date) or more than 12 months from the date of issuance for standby letters of credit and 180 days for documentary letters of credit. With respect to any Letter of Credit which contains any "evergreen" or automatic renewal provision, each Revolving Lender shall be deemed to have consented to any such extension or renewal unless any such Revolving Lender shall have provided to the Agent, Administrative Agent written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 2.3 1.4 are met and no Default or Event of Default has occurred and is continuing, no Revolving Lender shall decline to consent to any such extension or renewal.
Appears in 1 contract
Amounts; Outside Expiration Date. The Administrative Agent shall not have any obligation to issue or cause to be issued any Letter of Credit or to provide Credit Support for any Letter of Credit at any time if: (1i) the maximum undrawn face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (2ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrower Borrowers in connection with the opening thereof would exceed the Combined Availability at such time; (3) in the case of a standby Letter of Credit, the maximum undrawn amount of the requested standby Letter of Credit, together will all other standby Letters of Credit issued for the account of the Borrower, exceeds $20,000,000; or (4iii) such Letter of Credit has an expiration date later less than 30 days prior to the Stated Termination Date or more than 12 months from the date of issuance for standby letters of credit and 180 days for documentary letters of credit; and (iv) a Defaulting Lender exists, and such Lender or Borrowers have not entered into arrangements satisfactory to the Administrative Agent to eliminate any funding risk associated with the Defaulting Lender. With respect to any Letter of Credit which contains any "“evergreen" ” or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Administrative Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 2.3 1.4 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.
Appears in 1 contract
Samples: Credit Agreement (Kforce Inc)
Amounts; Outside Expiration Date. The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit or to provide Credit Support for any Letter of Credit at any time if: (1i) the maximum undrawn face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (2ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrower Borrowers in connection with the opening thereof would exceed the Combined Availability at such time; (3) in the case of a standby Letter of Credit, the maximum undrawn amount of the requested standby Letter of Credit, together will all other standby Letters of Credit issued for the account of the Borrower, exceeds $20,000,000; or (4iii) such Letter of Credit has an expiration date later less than 30 days prior to the Stated Termination Date or more than 12 months from the date of issuance for standby letters of credit and 180 days for documentary letters of credit. With respect to any Letter of Credit which contains any "“evergreen" ” or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 2.3 1.4 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.
Appears in 1 contract
Amounts; Outside Expiration Date. The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit or to provide Credit Support for any Letter of Credit at any time if: (1i) the maximum undrawn face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (2ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrower in connection with the opening thereof would exceed the Combined Availability at such time; (3) in the case of a standby Letter of Credit, the maximum undrawn amount of the requested standby Letter of Credit, together will all other standby Letters of Credit issued for the account of the Borrower, exceeds $20,000,000; or (4iii) such Letter of Credit has an expiration date later than 30 days prior to the Stated Termination Date or more than 12 months from the date of issuance for standby letters of credit and 180 days for documentary letters of credit. With respect to any Letter of Credit which contains any "evergreen" or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 2.3 SECTION 1.4 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.
Appears in 1 contract
Samples: Credit Agreement (Acg Holdings Inc)
Amounts; Outside Expiration Date. The Agent shall -------------------------------- not have any obligation to issue or cause to be issued any Letter of Credit or to provide Credit Support for any Letter of Credit at any time if: (1i) the maximum undrawn face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (2ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the relevant Borrower in connection with the opening thereof would exceed the Combined Availability at such time; (3) in the case of a standby Letter of Credit, the maximum undrawn amount of the requested standby Letter of Credit, together will all other standby Letters of Credit issued for the account of the Borrower, exceeds $20,000,000; or (4iii) such Letter of Credit has an expiration date later less than 30 days prior to the Stated Termination Date or more than 12 months from the date of issuance for standby letters of credit and 180 days for documentary letters of credit. With respect to any Letter of Credit which contains any "evergreen" or automatic renewal provision, and subject to the satisfaction of the other conditions of this Section 1.4, each Lender ----------- shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 2.3 1.4 are met and no Default or Event of Default has occurred ----------- and is continuing, no Lender shall decline to consent to any such extension or renewal.
Appears in 1 contract
Samples: Credit Agreement (Mail Well Inc)
Amounts; Outside Expiration Date. The Agent and Lenders shall not have any obligation to cause to be issued any Letter of Credit or to provide Credit Support for issue any Letter of Credit at any time if: if (1i) the maximum undrawn available amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (2ii) the maximum undrawn available amount of the requested Letter of Credit and all commissions, fees, and charges due from the requesting Borrower in connection with the opening thereof (to the extent such commissions, fees and charges are not paid in cash prior to or at the time of the opening thereof) would exceed the Combined Availability at such time; (3) in the case of a standby Letter of Credit, the maximum undrawn amount of the requested standby Letter of Credit, together will all other standby Letters of Credit issued for the account of the Borrower, exceeds $20,000,000; or (4iii) such Letter of Credit has an expiration date later than 30 days (inclusive of any acceptance period) on or after the third Business Day prior to the Stated Termination Date or more than 12 months from the date of issuance issuance; for standby letters the avoidance of credit and 180 days for documentary letters of creditdoubt, this provision does not apply to any “evergreen” or automatic renewal provision; provided, however, no such automatic renewal shall extend beyond the Stated Termination Date. With respect to any Letter of Credit which contains any "“evergreen" ” or automatic renewal provision, each Lender Lenders shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, Agent written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the Letter Agent on behalf of Credit Issuer the Lenders (each as to its Pro Rata Share) is entitled to decline to extend or renew the such Letter of Credit. If all of the requirements of this Section 2.3 1.3 are met and no Default or Event of Default has occurred and is continuing, no applicable Lender shall decline to consent to any such extension or renewal.
Appears in 1 contract
Amounts; Outside Expiration Date. The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit or to provide Credit Support for any Letter of Credit at any time if: (1i) the maximum undrawn face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (2ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrower Borrowers in connection with the opening thereof would exceed the Combined Availability at such time; (3) in the case of a standby Letter of Credit, the maximum undrawn amount of the requested standby Letter of Credit, together will all other standby Letters of Credit issued for the account of the Borrower, exceeds $20,000,000; or (4iii) such Letter of Credit has an expiration date later less than 30 thirty (30) days prior to the Stated Termination Date or more than 12 twelve (12) months from the date of issuance for standby letters of credit and 180 one hundred eighty (180) days for documentary letters of credit. With respect to any Letter of Credit which contains any "evergreen" or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 2.3 1.4 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.
Appears in 1 contract
Samples: Credit Agreement (Salton Inc)
Amounts; Outside Expiration Date. The Administrative Agent shall not have any obligation to issue or cause to be issued any Letter of Credit or to provide Credit Support for any Letter of Credit at any time if: (1i) the maximum undrawn stated amount of the any requested US Letter of Credit is greater than the Unused US Letter of Credit Subfacility at such time or the maximum stated amount of any requested UK Letter of Credit is greater than the Unused UK Letter of Credit Subfacility at such time; (2ii) the maximum undrawn stated amount of the any requested US Letter of Credit and all commissions, fees, and charges due from the Borrower Parent in connection with the opening thereof exceed exceeds the Combined US Availability at such time or the maximum undrawn stated amount of any requested UK Letter of Credit and all commissions, fees and charges due from the UK Borrowers in connection with the opening thereof exceeds the UK Availability at such time; (3) in the case of a standby Letter of Credit, the maximum undrawn amount of the requested standby Letter of Credit, together will all other standby Letters of Credit issued for the account of the Borrower, exceeds $20,000,000; or (4iii) such Letter of Credit has an expiration date later less than 30 days prior to the Stated Termination Date or more than 12 months from the date of issuance for standby letters of credit and 180 days for documentary letters of credit. With respect to any Letter of Credit which contains any "evergreen" or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Administrative Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 2.3 SECTION 1.5 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.
Appears in 1 contract
Amounts; Outside Expiration Date. The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit or to provide Credit Support for any Letter of Credit at any time if: (1i) the maximum undrawn face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (2ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrower Borrowers in connection with the opening thereof would exceed the Combined Availability at such time; (3) in the case of a standby Letter of Credit, the maximum undrawn amount of the requested standby Letter of Credit, together will all other standby Letters of Credit issued for the account of the Borrower, exceeds $20,000,000; or (4iii) such Letter of Credit has an expiration date later than 30 days prior to the Stated Termination Date or more than 12 twelve (12) months from the date of issuance for standby letters of credit and 180 one hundred eighty (180) days for documentary letters of credit. With respect to any Letter of Credit which contains any "evergreen" or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 2.3 SECTION 1.3 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.
Appears in 1 contract
Samples: Credit Agreement (Levi Strauss & Co)
Amounts; Outside Expiration Date. The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit or to provide Credit Support for any Letter of Credit, nor will any Other Letter of Credit Issuer issue any Letter of Credit, at any time if: (1i) the maximum undrawn face amount of the requested Letter of Credit, or amount of requested Credit Support, is greater than the Unused Letter of Credit Subfacility at such time; (2ii) the issuance of the requested Letter of Credit would cause a violation of the proviso in the second sentence of Section 1.3(a) above; (iii) the maximum undrawn amount of the requested Letter of Credit, or amount of requested Credit and all commissionsSupport, fees, and charges due from the Borrower in connection with the opening thereof would exceed the Combined Availability at such time; (3) in the case of a standby Letter of Credit, the maximum undrawn amount of the requested standby Letter of Credit, together will all other standby Letters of Credit issued for the account of the Borrower, exceeds $20,000,000; or (4iv) such Letter of Credit has an expiration date later less than 30 days prior to the Stated Termination Date or (without regard to the effect of any "evergreen" or automatic renewal provisions) more than 12 months from the date of issuance for standby letters of credit and 180 days from the date of issuance for documentary letters of credit. With respect to any Letter of Credit which contains any "evergreen" or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty 30 days prior to the date on which the Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 2.3 1.3 are met and no Default or Event of Default has occurred and is continuing, no Lender shall have the right to decline to consent to any such extension or renewal.
Appears in 1 contract
Samples: Credit Agreement (Saks Inc)
Amounts; Outside Expiration Date. The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit or to provide Credit Support for any Letter of Credit at any time if: (1i) the maximum undrawn face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (2ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrower Borrowers in connection with the opening thereof would exceed the Combined Availability at such time; (3) in the case of a standby Letter of Credit, the maximum undrawn amount of the requested standby Letter of Credit, together will all other standby Letters of Credit issued for the account of the Borrower, exceeds $20,000,000; or (4iii) such Letter of Credit has an expiration date later less than 30 days prior to the Stated Termination Date or, except as set forth on Schedule 1.3 or as approved by the Letter of Credit Issuer, more than 12 months from the date of issuance for standby letters of credit and 180 days for documentary letters of credit. With respect to any Letter of Credit which contains any "“evergreen" ” or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, Agent written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 2.3 1.3 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.
Appears in 1 contract
Amounts; Outside Expiration Date. The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit or to provide Credit Support for any Letter of Credit at any time if: (1i) the maximum undrawn face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (2ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrower in connection with the opening thereof would exceed the Combined Availability at such time; (3) in the case of a standby Letter of Credit, the maximum undrawn amount of the requested standby Letter of Credit, together will all other standby Letters of Credit issued for the account of the Borrower, exceeds $20,000,000; or (4iii) such Letter of Credit has an expiration date later less than 30 days prior to the Stated Termination Date or more than 12 months from the date of issuance for standby letters of credit and 180 days for documentary letters of credit. With respect to any Letter of Credit which contains any "evergreen" or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 2.3 1.3 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal. Unless otherwise consented to by Agent, all Letters of Credit must call for sight drafts to be drawn, and must be issued in Dollars.
Appears in 1 contract
Amounts; Outside Expiration Date. The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit or to provide Credit Support for any Letter of Credit at any time if: (1i) the maximum undrawn face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (2ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrower Borrowers in connection with the opening thereof would exceed the Combined Availability at such time; (3) in the case of a standby Letter of Credit, the maximum undrawn amount of the requested standby Letter of Credit, together will all other standby Letters of Credit issued for the account of the Borrower, exceeds $20,000,000; or (4iii) such Letter of Credit has an expiration date later less than 30 days prior to the Stated Termination Date or more than 12 18 months from the date of issuance for standby letters of credit and 180 365 days for documentary letters of credit; or (iv) in the case of any Letters of Credit to be issued for the benefit of any Affiliate of the Borrowers, the aggregate undrawn face amount of all such Letters of Credit issued for the benefit of Affiliates of Borrowers together with the face amount of the requested Letter of Credit does not exceed in the aggregate the sum of $2,000,000. With respect to any Letter of Credit which contains any "evergreen" or automatic renewal provision, each no Lender shall be deemed to have consented to any such extension or renewal unless any such Lender Required Lenders shall have provided to the Agent, written notice that it declines Lenders agree to consent to any such extension or renewal at least thirty (30) days prior to the date on which the Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 2.3 1.3 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.
Appears in 1 contract
Samples: Credit Agreement (Unova Inc)
Amounts; Outside Expiration Date. The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit or to provide Credit Support for any Letter of Credit at any time if: (1i) the maximum undrawn face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (2ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrower in connection with the opening thereof would exceed the Combined Availability at such time; (3) in the case of a standby Letter of Credit, the maximum undrawn amount of the requested standby Letter of Credit, together will all other standby Letters of Credit issued for the account of the Borrower, exceeds $20,000,000; or (4iii) such Letter of Credit has an expiration date later less than 30 fifteen (15) days prior to the Stated Termination Date or more than 12 twelve (12) months from the date of issuance for standby letters of credit and 180 days or more than six (6) months from the date of issuance for documentary letters of credit. With respect to any Letter of Credit which contains any "“evergreen" ” or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, Agent written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 2.3 1.3 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.
Appears in 1 contract
Samples: Credit Agreement (Applica Inc)
Amounts; Outside Expiration Date. The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit or to provide Credit Support for any Letter of Credit at any time if: (1i) the maximum undrawn face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (2ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrower in connection with the opening thereof exceed the Combined Availability at such time; (3) in the case of a standby Letter of Credit, the maximum undrawn amount of the requested standby Letter of Credit, together will all other standby Letters of Credit issued for the account of the Borrower, exceeds $20,000,000; or (4iii) such Letter of Credit has an expiration date later less than 30 days prior to the Stated Termination Date or more than 12 months from the date of issuance for standby letters of credit and 180 days for documentary letters of credit. With respect to any Letter of Credit which contains any "evergreen" or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal (except any such extension or renewal beyond the Termination Date) unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 2.3 SECTION 1.4 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.
Appears in 1 contract
Samples: Credit Agreement (Packaged Ice Inc)
Amounts; Outside Expiration Date. The A Letter of Credit Issuer shall not have any obligation to issue any Letter of Credit and the Agent shall not have any obligation to cause to be issued any Letter of Credit or to provide Credit Support for any Letter of Credit at any time if: (1i) the maximum undrawn face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (2ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrower Borrowers in connection with the opening thereof would exceed the Combined Availability at such time; (3) in the case of a standby Letter of Credit, the maximum undrawn amount of the requested standby Letter of Credit, together will all other standby Letters of Credit issued for the account of the Borrower, exceeds $20,000,000; or (4iii) such Letter of Credit has an expiration date later less than 30 days prior to the Stated Termination Date or more than 12 twelve (12) months from the date of issuance for standby letters of credit and 180 days from the date of issuance for documentary letters of credit; provided that any Letter of Credit issued in connection with the IRBs may have an expiration date of not later than the Termination Date. With respect to any Letter of Credit which contains any "“evergreen" ” or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 2.3 1.3 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.
Appears in 1 contract
Amounts; Outside Expiration Date. The Administrative Agent shall not have any obligation to issue or cause to be issued any Letter of Credit or to provide Credit Support for any Letter of Credit at any time if: (1i) the maximum undrawn face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (2ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, fees and charges due from the requesting Borrower in connection with the opening thereof would exceed the Combined Availability of such Borrower at such time; (3) in the case of a standby Letter of Credit, the maximum undrawn amount of the requested standby Letter of Credit, together will all other standby Letters of Credit issued for the account of the Borrower, exceeds $20,000,000; or (4iii) such Letter of Credit has an expiration date later less than 30 days prior to the Stated Termination Date (other than any such Letter of Credit issued at least twelve months prior to the Stated Termination Date which has been extended or renewed in accordance with the terms thereof for a period ending subsequent to the date which is 30 days prior to the Stated Termination Date) or more than 12 months from the date of issuance for standby letters of credit and 180 days for documentary letters of credit. With respect to any Letter of Credit which contains any "evergreen" or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, Administrative Agent written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 2.3 1.4 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.
Appears in 1 contract
Samples: Debt Agreement (Foamex L P)
Amounts; Outside Expiration Date. The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit or to provide Credit Support for any Letter of Credit at any time if: (1i) the maximum undrawn face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (2ii) subject to the second sentence of Section 1.2(a)(i), the maximum undrawn face amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrower Borrowers in connection with the opening thereof would exceed the Combined Availability at such time; (3) in the case of a standby Letter of Credit, the maximum undrawn amount of the requested standby Letter of Credit, together will all other standby Letters of Credit issued for the account of the Borrower, exceeds $20,000,000; or (4iii) such Letter of Credit has an expiration date later less than 30 days 5 Business Days prior to the Stated Termination Date or more than 12 months from the date of issuance for standby letters of credit (although any such Letter of Credit may provide for automatic extensions of its expiration date for one or more successive 12 month periods provided that the Letter of Credit Issuer has the right to terminate such Letter of Credit on each such annual expiration date and no renewal term may extend the final expiration date to a date later than the fifth Business Day prior to the Stated Termination Date) and 180 days for documentary letters of credit. With respect to any Letter of Credit which contains any "evergreen" or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 2.3 1.4 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.
Appears in 1 contract
Samples: Credit Agreement (Owens Corning)
Amounts; Outside Expiration Date. The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit or to provide Credit Support for any Letter of Credit at any time if: (1i) the maximum undrawn face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (2ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrower in connection with the opening thereof would exceed the Combined Availability at such time; (3) in the case of a standby Letter of Credit, the maximum undrawn amount of the requested standby Letter of Credit, together will all other standby Letters of Credit issued for the account of the Borrower, exceeds $20,000,000; or (4iii) such Letter of Credit has an expiration date later less than 30 15 days prior to the Stated Termination Date or more than 12 months from the date of issuance for standby letters of credit and 180 days or more than 6 months from the date of issuance for documentary letters of credit. With respect to any Letter of Credit which contains any "evergreen" or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 2.3 SECTION 1.4 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.
Appears in 1 contract
Samples: Credit Agreement (Applica Inc)
Amounts; Outside Expiration Date. The Agent shall not have any obligation to cause to be issued any and the Letter of Credit or Issuer shall have no obligation to provide Credit Support for issue any Letter of Credit at any time if: (1i) the maximum undrawn face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (2ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrower in connection with the opening thereof would exceed the Combined Availability at such time; (3) in the case of a standby Letter of Credit, the maximum undrawn amount of the requested standby Letter of Credit, together will all other standby Letters of Credit issued for the account of the Borrower, exceeds $20,000,000; or (4iii) such Letter of Credit has an expiration date later less than 30 days prior to the Stated Termination Date or more than 12 months from the date of issuance for standby letters of credit and 180 days for documentary letters of credit. With respect to any Letter of Credit which contains any "“evergreen" ” or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 2.3 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.this
Appears in 1 contract
Samples: Credit Agreement (Spherion Corp)
Amounts; Outside Expiration Date. The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit or to provide Credit Support for any Letter of Credit, nor will any Other Letter of Credit Issuer issue any Letter of Credit, at any time if: (1i) the maximum undrawn face amount of the requested Letter of Credit or amount of requested Credit Support is greater than the Unused Letter of Credit Subfacility at such time; (2ii) the issuance of the requested Letter of Credit would cause a violation of the proviso in the second sentence of Section 1.3(a) above; (iii) the maximum undrawn amount of the requested Letter of Credit, or the amount of requested Credit and all commissionsSupport, fees, and charges due from the Borrower in connection with the opening thereof would exceed the Combined Availability at such time; (3) in the case of a standby Letter of Credit, the maximum undrawn amount of the requested standby Letter of Credit, together will all other standby Letters of Credit issued for the account of the Borrower, exceeds $20,000,000; or (4iv) such Letter of Credit has an expiration date later less than 30 days prior to the Stated Termination Date or (without regard to the effect of any “evergreen” or automatic renewal provisions) more than 12 months from the date of issuance for standby letters of credit and 180 210 days (or such longer period as the Agent, in its reasonable discretion, determines) from the date of issuance for documentary letters of credit. With respect to any Letter of Credit which contains any "“evergreen" ” or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty 30 days prior to the date on which the Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If Notwithstanding the immediately preceding sentence, if all of the requirements of this Section 2.3 1.3 are met and no Default or Event of Default has occurred and is continuing, no Lender shall have the right to decline to consent to any such extension or renewalrenewal described in the immediately preceding sentence.
Appears in 1 contract
Samples: Credit Agreement (Saks Inc)
Amounts; Outside Expiration Date. The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit or to provide Credit Support for any Letter of Credit at any time if: (1i) the maximum undrawn face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (2ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrower Borrowers in connection with the opening thereof would exceed the Combined Availability at such time; (3) in the case of a standby Letter of Credit, the maximum undrawn amount of the requested standby Letter of Credit, together will all other standby Letters of Credit issued for the account of the Borrower, exceeds $20,000,000; or (4iii) such Letter of Credit has an expiration date later less than 30 days prior to the Stated Termination Date or, except as set forth on Schedule 1.4 or as approved by the Letter of Credit Issuer, more than 12 months from the date of issuance for standby letters of credit and 180 days for documentary letters of credit. With respect to any Letter of Credit which contains any "“evergreen" ” or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, Agent written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 2.3 1.4 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.
Appears in 1 contract
Amounts; Outside Expiration Date. The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit or to provide Credit Support for any Letter of Credit at any time if: (1i) the maximum undrawn face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (2ii) the maximum undrawn amount of the requested Letter of Credit by the Funds Administrator on behalf of any Borrower and all commissions, fees, and charges due from the such Borrower in connection with the opening thereof would exceed either (A) the Combined applicable Availability of Garlock Sealing or the Excess Collateral Providers, as applicable, ox (X) Xggregate Availability at such time; (3) in the case of a standby Letter of Credit, the maximum undrawn amount of the requested standby Letter of Credit, together will all other standby Letters of Credit issued for the account of the Borrower, exceeds $20,000,000; or (4iii) such Letter of Credit has an expiration date later less than 30 days prior to the Stated Termination Date or more than 12 months from the date of issuance for standby letters of credit and 180 days for documentary letters of credit. With respect to any Letter of Credit which contains any "evergreen" or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 2.3 1.4 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.
Appears in 1 contract
Amounts; Outside Expiration Date. The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit or to provide Credit Support for any Letter of Credit at any time if: (1i) the maximum undrawn amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (2) the maximum undrawn amount Maximum Drawing Amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrower in connection with the opening thereof exceed the Combined exceeds Availability at such time; (3) in the case of a standby Letter of Credit, the maximum undrawn amount of the requested standby Letter of Credit, together will all other standby Letters of Credit issued for the account of the Borrower, exceeds $20,000,000; or (4ii) such Letter of Credit has an expiration date later less than 30 thirty (30) days prior to the Stated Termination Date or more than 12 twelve (12) months from the date of issuance for standby letters of credit and 180 one hundred eighty (180) days for commercial/documentary letters of credit; or (iii) the relevant Letter of Credit is a standby letter of credit securing performance and bonding requirements and, upon issuance of such Letter of Credit, the aggregate undrawn face amount of all Letters of Credit securing performance and bonding requirements as described in this Section 1.3(b)(iii) would exceed the Maximum Revolver Amount. With respect to any Letter of Credit which that contains any "“evergreen" ” or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, Agent written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 2.3 1.3 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.
Appears in 1 contract
Amounts; Outside Expiration Date. The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit or to provide Credit Support for any Letter of Credit at any time if: (1i) the maximum undrawn face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (2ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrower Borrowers in connection with the opening thereof would exceed the Combined Availability at such time; (3) in the case of a standby Letter of Credit, the maximum undrawn amount of the requested standby Letter of Credit, together will all other standby Letters of Credit issued for the account of the Borrower, exceeds $20,000,000; or (4iii) such Letter of Credit has an expiration date later less than 30 five (5) days prior to the Stated Termination Date or more than 12 months from the date of issuance (provided that any Letter of Credit with a 12-month tenor may provide for standby letters of credit and 180 the renewal thereof for additional 12-month periods, which shall in no event extend beyond five (5) days for documentary letters of creditprior to the Stated Termination Date). With respect to any Letter of Credit which contains any "“evergreen" ” or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 2.3 1.3 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.
Appears in 1 contract
Amounts; Outside Expiration Date. The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit or to provide Credit Support for any Letter of Credit at any time if: (1i) the maximum undrawn face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (2ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrower Borrowers in connection with the opening thereof would exceed the Combined Availability at such time; (3) in the case of a standby Letter of Credit, the maximum undrawn amount of the requested standby Letter of Credit, together will all other standby Letters of Credit issued for the account of the Borrower, exceeds $20,000,000; or (4iii) such Letter of Credit has an expiration date later less than 30 thirty (30) days prior to the Stated Termination Date or more than 12 twelve (12) months from the date of issuance for standby letters of credit and 180 one hundred eighty (180) days for documentary letters of credit. With respect to any Letter of Credit which contains any "evergreen" or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 2.3 1.3 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.
Appears in 1 contract
Samples: Credit Agreement (Salton Inc)
Amounts; Outside Expiration Date. The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit or to provide Credit Support for any Letter of Credit at any time if: (1i) the maximum undrawn face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (2ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrower Borrowers in connection with the opening thereof would exceed the Combined Excess Availability at such time; (3) in the case of a standby Letter of Credit, the maximum undrawn amount of the requested standby Letter of Credit, together will all other standby Letters of Credit issued for the account of the Borrower, exceeds $20,000,000; or (4iii) such Letter of Credit has an expiration date later less than 30 thirty (30) days prior to the Stated Termination Date or more than 12 twelve (12) months from the date of issuance for standby letters of credit and 180 one hundred eighty (180) days for documentary letters of credit. With respect to any Letter of Credit which contains any "evergreen" or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 2.3 SECTION 1.3 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.
Appears in 1 contract
Samples: Credit Agreement (Andrx Corp /De/)
Amounts; Outside Expiration Date. The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit or to provide Credit Support for any Letter of Credit at any time if: (1i) the maximum undrawn face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (2ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrower in connection with the opening thereof would cause the Aggregate Revolver Outstandings to exceed the Combined Availability Maximum Revolver Amount at such time; (3) in the case of a standby Letter of Credit, the maximum undrawn amount of the requested standby Letter of Credit, together will all other standby Letters of Credit issued for the account of the Borrower, exceeds $20,000,000; or (4iii) such Letter of Credit has an expiration date later less than 30 days prior to the Stated Termination Date or more than 12 months from the date of issuance for standby letters of credit and 180 days for documentary letters of credit. With respect to any Letter of Credit which contains any "evergreen" or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, Agent written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit, provided, that, no such extension or renewal shall cause the expiration date of such Letter of Credit to extend beyond the 30th day prior to the Stated Termination Date. If all of the requirements of this Section 2.3 1.4 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.
5. The Credit Agreement is amended by deleting Section 7.13(e) and inserting the following in lieu thereof:
Appears in 1 contract
Amounts; Outside Expiration Date. The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit or to provide Credit Support for any Letter of Credit at any time if: (1i) the maximum undrawn face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (2ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrower in connection with the opening thereof would (when taken together with all Obligations) exceed the Combined Availability at such time; (3) in the case of a standby Letter of Credit, the maximum undrawn amount of the requested standby Letter of Credit, together will all other standby Letters of Credit issued for the account of the Borrower, exceeds $20,000,000; or (4iii) such Letter of Credit has an expiration date later less than 30 days prior to the Stated Termination Date or more than 12 months from the date of issuance for standby letters of credit and 180 days 12 months for documentary letters of credit. With respect to any Letter of Credit which contains any "evergreen" or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 2.3 1.4 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.
Appears in 1 contract
Samples: Credit Agreement (Gfsi Inc)
Amounts; Outside Expiration Date. The Administrative Agent shall not have any obligation to (and solely in the case of clause (ii) below, the Administrative Agent shall not without the prior written consent of the Majority Term Lenders if the Administrative Agent has actual knowledge that such clause (iii) would be violated) issue or cause to be issued any Letter of Credit or to provide Credit Support for any Letter of Credit at any time if: (1i) the maximum undrawn face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (2ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, fees and charges due from the requesting Borrower in connection with the opening thereof would exceed the Combined Availability of such Borrower at such time; (3) in the case of a standby Letter of Credit, the maximum undrawn amount of the requested standby Letter of Credit, together will all other standby Letters of Credit issued for the account of the Borrower, exceeds $20,000,000; or (4iii) such Letter of Credit has an expiration date later less than 30 days prior to the Stated Termination Date or more than 12 months from the date of issuance for standby letters of credit and 180 days for documentary letters of credit. With respect to any Letter of Credit which contains any "“evergreen" ” or automatic renewal provision, each Revolving Lender shall be deemed to have consented to any such extension or renewal unless any such Revolving Lender shall have provided to the Administrative Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 2.3 1.4 are met and no Default or Event of Default has occurred and is continuing, no Revolving Lender shall decline to consent to any such extension or renewal.
Appears in 1 contract