Common use of Amounts; Outside Expiration Date Clause in Contracts

Amounts; Outside Expiration Date. The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit at any time if: (i) the maximum face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from such Borrower in connection with the opening thereof would exceed the Availability at such time; or (iii) such Letter of Credit has an expiration date later than the earlier to occur of (A) thirty (30) days prior to the Stated Termination Date or (B) twelve (12) calendar months from the date of issuance for standby letters of credit and six (6) calendar months from the date of issuance for commercial/documentary letters of credit; provided, however, that any Letter of Credit may provide for the automatic extension or renewal thereof in accordance with clause (iii) of Section 1.4(d) for additional periods, but in no event shall the expiration date as so extended or renewed be after the date permitted pursuant to clause (iii)(A) of this Section 1.4(b).

Appears in 2 contracts

Samples: Credit Agreement (Imperial Sugar Co /New/), Credit Agreement (Imperial Sugar Co /New/)

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Amounts; Outside Expiration Date. The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit at any time if: (i) the maximum face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from such Borrower the Borrowers in connection with the opening thereof would exceed exceeds the Unused Availability at prior to giving effect to issuance of such timerequested Letter of Credit; or (iii) such Letter of Credit has an expiration date later than the earlier to occur of (A) thirty (30) 30 days prior to the Stated Termination Date Date; or (Biv) such Letter of Credit has an expiration date later than twelve (12) calendar months from the date of issuance for standby letters of credit and six (6) calendar months from the date of issuance for commercial/documentary letters of credit; provided, however, provided that any Letter of Credit may provide for the automatic extension or renewal thereof in accordance with issued hereunder may, subject to this clause (iiiiv) of Section 1.4(d) for additional periods, but in no event shall and the expiration date as so extended or renewed be after the date permitted pursuant to clause (iii)(A) other provisions of this Section 1.4(b2.03, include an “evergreen” or automatic renewal provision of the type referenced in Section 2.03(d)(iii) without contravening the requirement contained in this Section 2.03(b).

Appears in 1 contract

Samples: Loan Agreement (Jeffboat LLC)

Amounts; Outside Expiration Date. The Agent Agents shall not have any obligation to issue or cause to be issued any Letter of Credit at any time if: (i) the maximum face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from such Borrower in connection with the opening thereof would exceed exceeds the Unused Availability at prior to giving effect to issuance of such timerequested Letter of Credit; or (iii) such Letter of Credit has an expiration date later than the earlier to occur of (A) thirty (30) 30 days prior to the Stated Revolving Termination Date Date; or (Biv) such Letter of Credit has an expiration date later than twelve (12) calendar months from the date of issuance for standby letters of credit and six (6) calendar months from the date of issuance for commercial/documentary letters of credit; provided, however, provided that any Letter of Credit may provide for the automatic extension or renewal thereof in accordance with issued hereunder may, subject to this clause (iiiiv) of Section 1.4(d) for additional periods, but in no event shall and the expiration date as so extended or renewed be after the date permitted pursuant to clause (iii)(A) other provisions of this Section 1.4(b2.4, include an “evergreen” or automatic renewal provision of the type referenced in Section 2.4(d)(iii) without contravening the requirement contained in this Section 2.4(b).

Appears in 1 contract

Samples: Loan and Security Agreement (Ahern Rentals Inc)

Amounts; Outside Expiration Date. The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit at any time if: (i) the maximum face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from such Borrower the Borrowers in connection with the opening thereof would exceed exceeds the Unused Availability at prior to giving effect to issuance of such timerequested Letter of Credit; or (iii) such Letter of Credit has an expiration date later than the earlier to occur of (A) thirty (30) 30 days prior to the Stated Termination Date Date; or (Biv) such Letter of Credit has an expiration date later than twelve (12) calendar months from the date of issuance for standby letters of credit and six (6) calendar months from the date of issuance for commercial/documentary letters of credit; provided, however, provided that any Letter of Credit may provide for the automatic extension or renewal thereof in accordance with issued hereunder may, subject to this clause (iiiiv) of Section 1.4(d) for additional periods, but in no event shall and the expiration date as so extended or renewed be after the date permitted pursuant to clause (iii)(A) other provisions of this Section 1.4(b2.03, include an "evergreen" or automatic renewal provision of the type referenced in Section 2.03(d)(iii) without contravening the requirement contained in this Section 2.03(b).

Appears in 1 contract

Samples: Loan Agreement (American Barge Line Co)

Amounts; Outside Expiration Date. The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit or Credit Support at any time if: (i) the maximum face amount of the requested Letter of Credit or Credit Support is greater than the Unused Letter of Credit Subfacility at such time; (ii) the maximum undrawn amount of the requested Letter of Credit or Credit Support and all commissions, fees, and charges due from such Borrower in connection with the opening thereof would exceed the Domestic Availability at such time; or (iii) such Letter of Credit or Credit Support has an expiration date later than the earlier to occur of (A) thirty (30) days prior to the Stated Termination Date or (B) more than twelve (12) calendar months from the date of issuance for standby letters of credit and six (6) calendar months from the date of issuance for commercial/documentary letters of credit; provided, however, that any Letter of Credit may provide for the automatic extension or renewal thereof in accordance with clause (iii. Section 2.8 Amendment to Section 1.4(d)(ii) of the Credit Agreement. Effective as of the Amendment Date, Section 1.4(d) for additional periods, but in no event shall the expiration date as so extended or renewed be after the date permitted pursuant to clause (iii)(A1.4(d)(ii) of this Section 1.4(b).the Credit Agreement is hereby amended and restated in its entirety to read as follows:

Appears in 1 contract

Samples: Credit Agreement (Encore Medical Corp)

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Amounts; Outside Expiration Date. The Administrative Agent shall not have any obligation to issue or cause to be issued any Letter of Credit at any time if: (i) the maximum face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from such Borrower in connection with the opening thereof would exceed exceeds the Unused Availability at prior to giving effect to issuance of such timerequested Letter of Credit; or (iii) such Letter of Credit has an expiration date later than the earlier to occur of (A) thirty (30) 30 days prior to the Stated Termination Date Date; or (Biv) such Letter of Credit has an expiration date later than twelve (12) calendar months from the date of issuance for standby letters of credit and six (6) calendar months from the date of issuance for commercial/documentary letters of credit; provided, however, provided that any Letter of Credit may provide for the automatic extension or renewal thereof in accordance with issued hereunder may, subject to this clause (iiiiv) of Section 1.4(d) for additional periods, but in no event shall and the expiration date as so extended or renewed be after the date permitted pursuant to clause (iii)(A) other provisions of this Section 1.4(b2.4, include an “evergreen” or automatic renewal provision of the type referenced in Section 2.4(d)(iii) without contravening the requirement contained in this Section 2.4(b).

Appears in 1 contract

Samples: Loan and Security Agreement (Mercury Air Group Inc)

Amounts; Outside Expiration Date. The Agent Agents shall not have any obligation to issue or cause to be issued any Letter of Credit at any time if: (i) the maximum face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from such Borrower in connection with the opening thereof would exceed exceeds the Unused Availability at prior to giving effect to issuance of such timerequested Letter of Credit; or (iii) such Letter of Credit has an expiration date later than the earlier to occur of (A) thirty (30) 30 days prior to the Stated Termination Date Date; or (Biv) such Letter of Credit has an expiration date later than twelve (12) calendar months from the date of issuance for standby letters of credit and six (6) calendar months from the date of issuance for commercial/documentary letters of credit; provided, however, provided that any Letter of Credit may provide for the automatic extension or renewal thereof in accordance with issued hereunder may, subject to this clause (iiiiv) of Section 1.4(d) for additional periods, but in no event shall and the expiration date as so extended or renewed be after the date permitted pursuant to clause (iii)(A) other provisions of this Section 1.4(b2.4, include an “evergreen” or automatic renewal provision of the type referenced in Section 2.4(d)(iii) without contravening the requirement contained in this Section 2.4(b).

Appears in 1 contract

Samples: Loan and Security Agreement (Ahern Rentals Inc)

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