Common use of Canadian Letters of Credit Clause in Contracts

Canadian Letters of Credit. (a) (i) Upon the terms and subject to the conditions hereof, the Canadian Revolving Lender agrees to issue Canadian Letters of Credit payable in Canadian Dollars or Dollars from time to time after the Closing Date and prior to the earlier of the Termination Date and the termination of the Canadian Revolving Commitment, upon the request of the Canadian Subsidiary Borrower, provided that (A) the Canadian Subsidiary Borrower shall not request that any Canadian Letter of Credit be issued if, after giving effect thereto, the sum of the then current Canadian L/C Exposure plus the aggregate principal Dollar Equivalent Amount of the Canadian Revolving Loans then outstanding would exceed the Canadian Revolving Commitment, (B) in no event shall the Canadian Revolving Lender issue (x) any Canadian Letter of Credit having an expiration date later than five Business Days before the Termination Date or (y) any Canadian Letter of Credit having an expiration date more than one year after its date of issuance, provided, further, that any Canadian Letter of Credit with a 365-day duration may provide for the renewal thereof for additional one-year periods (which shall in no event extend beyond the date referred to in clause (x) above), and (C) the Canadian Revolving Lender shall be prohibited from issuing or renewing Canadian Letters of Credit hereunder upon the occurrence and during the continuance of a Default or an Event of Default.

Appears in 2 contracts

Samples: Fourth Amendment (PHH Corp), Competitive Advance and Revolving Credit Agreement (PHH Corp)

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Canadian Letters of Credit. (a) (i) Upon Subject to the terms and subject to the conditions hereofof this Agreement, the Canadian Revolving Lender agrees to issue Canadian Letters of Credit payable in Canadian Dollars or Dollars from time to time after the Closing Date and prior to the earlier of the Termination Date and the termination of the Canadian Revolving CommitmentCommitments may be utilized, upon the request of the Canadian Subsidiary Borrower, in addition to the Loans provided for by subsection 2.2 hereof, by the issuance by the Canadian Issuing Bank of standby letters of credit ("CANADIAN LETTERS OF CREDIT") for the account of the Canadian Borrower, PROVIDED that in no event shall (Ai) the aggregate amount of all Letter of Credit Liabilities under the Canadian Subsidiary Borrower shall not request that Commitments, together with the aggregate outstanding principal amount of the C$ Loans, exceed the aggregate amount of the Canadian Commitments as in effect from time to time, (ii) the aggregate outstanding amount of all Letter of Credit Liabilities under the Canadian Commitments exceed $10,000,000 and (iii) the expiration date of any Canadian Letter of Credit be issued if, after giving effect thereto, extend beyond the sum earlier of the then current Canadian L/C Exposure plus Commitment Termination Date and the aggregate principal Dollar Equivalent Amount date one year following the issuance of the Canadian Revolving Loans then outstanding would exceed the Canadian Revolving Commitment, (B) in no event shall the Canadian Revolving Lender issue (x) any such Canadian Letter of Credit having an expiration date later than five Business Days before the Termination Date or (y) any Canadian Letter of Credit having an expiration date more than one year after its date of issuance, provided, further, provided that any Canadian Letter of Credit with a 365one-day duration year tenor may provide for the renewal thereof for additional one-year periods, which periods (which shall in no any event not extend beyond the date referred Commitment Termination Date). Prior to in clause (x) above)the issuance of any Canadian Letter of Credit, the Administrative Agent shall have first determined, and (C) advised the relevant Canadian Revolving Lender shall be prohibited from issuing or renewing Issuing Bank, that the requested amount of Canadian Letters of Credit hereunder upon shall be available under the occurrence and during the continuance Canadian Commitments The following additional provisions shall apply to Canadian Letters of a Default or an Event of Default.Credit:

Appears in 1 contract

Samples: Credit Agreement (Iron Mountain Inc/Pa)

Canadian Letters of Credit. (a) (i) Upon Subject to the terms and subject to the conditions hereofof this Agreement, the Canadian Revolving Lender agrees to issue Canadian Letters of Credit payable in Canadian Dollars or Dollars from time to time after the Closing Date and prior to the earlier of the Termination Date and the termination of the Canadian Revolving CommitmentCommitments may be utilized, upon the request of the Canadian Subsidiary Borrower, in addition to the Loans provided for by subsection 2.2 hereof, by the issuance by the Canadian Issuing Bank of standby letters of credit ("CANADIAN LETTERS OF CREDIT") for the account of the Canadian Borrower, PROVIDED that in no event shall (Ai) the aggregate amount of all letter of credit liabilities under the Canadian Subsidiary Borrower shall not request that Commitments, together with the aggregate outstanding principal amount of the C$ Loans, exceed the aggregate amount of the Canadian Commitments as in effect from time to time, (ii) the aggregate outstanding amount of all letter of credit liabilities under the Canadian Commitments exceed $5,000,000 and (iii) the expiration date of any Canadian Letter of Credit be issued if, after giving effect thereto, extend beyond the sum earlier of the then current Canadian L/C Exposure plus Commitment Termination Date and the aggregate principal Dollar Equivalent Amount date one year following the issuance of the Canadian Revolving Loans then outstanding would exceed the Canadian Revolving Commitment, (B) in no event shall the Canadian Revolving Lender issue (x) any such Canadian Letter of Credit having an expiration date later than five Business Days before the Termination Date or (y) any Canadian Letter of Credit having an expiration date more than one year after its date of issuance, provided, further, provided that any Canadian Letter of Credit with a 365one-day duration year tenor may provide for the renewal thereof for additional one-year periods, which periods (which shall in no any event not extend beyond the date referred Commitment Termination Date). Prior to in clause (x) above)the issuance of any Canadian Letter of Credit, the Administrative Agent shall have first determined, and (C) advised the relevant Canadian Revolving Lender shall be prohibited from issuing or renewing Issuing Bank, that the requested amount of Canadian Letters of Credit hereunder upon shall be available under the occurrence and during the continuance Canadian Commitments The following additional provisions shall apply to Canadian Letters of a Default or an Event of Default.Credit:

Appears in 1 contract

Samples: Credit Agreement (Iron Mountain Inc/Pa)

Canadian Letters of Credit. (a) (i) Upon the terms and subject to the conditions hereof, the Canadian Revolving Lender agrees to issue Canadian Letters of Credit payable in Canadian Dollars or Dollars from time to time after the Closing Date and prior to the earlier of the Termination Date and the termination of the Canadian Revolving Commitment, upon the request of the Canadian Subsidiary Borrower, provided that (A) the Canadian Subsidiary Borrower shall not request that any Canadian Letter of Credit be issued if, after giving effect thereto, the sum of the then current Canadian L/C Exposure plus the aggregate principal Dollar Equivalent Amount of the Canadian Revolving Loans then outstanding would exceed the Canadian Revolving Commitment, (B) in no event shall the Canadian Revolving Lender issue (x) any Canadian Letter of Credit having an expiration date later than five Business Days before the Termination Date or (y) any Canadian Letter of Credit having an expiration date more than one year after its date of issuance, provided, further, that any Canadian Letter of Credit with a 365-day duration may provide for the renewal thereof for additional one-year periods (which shall in no event extend beyond the date referred to in clause (x) above), and (C) the Canadian Revolving Lender shall be prohibited from issuing or renewing Canadian Letters of Credit hereunder upon the occurrence and during the continuance of a Default or an Event of Default.

Appears in 1 contract

Samples: Fourth Amendment (PHH Corp)

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Canadian Letters of Credit. (a) (i) Upon Subject to the terms and subject to the conditions hereofof this Agreement, the Canadian Revolving Lender agrees to issue Canadian Letters of Credit payable in Canadian Dollars or Dollars from time to time after the Closing Date and prior to the earlier of the Termination Date and the termination of the Canadian Revolving CommitmentCommitments may be utilized, upon the request of the Canadian Subsidiary Borrower, in addition to the Loans provided for by subsection 2.2 hereof, by the issuance by the Canadian Issuing Bank of standby letters of credit ("CANADIAN LETTERS OF CREDIT") for the account of the Canadian Borrower, PROVIDED that in no event shall (Ai) the aggregate amount of all Letter of Credit Liabilities under the Canadian Subsidiary Borrower shall not request that Commitments, together with the aggregate outstanding principal amount of the C$ Loans, exceed the aggregate amount of the Canadian Commitments as in effect from time to time, (ii) the aggregate outstanding amount of all Letter of Credit Liabilities under the Canadian Commitments exceed $10,000,000 and (iii) the expiration date of any Canadian Letter of Credit be issued if, after giving effect thereto, extend beyond the sum earlier of the then current Canadian L/C Exposure plus Commitment Termination Date and the aggregate principal Dollar Equivalent Amount date one year following the issuance of the Canadian Revolving Loans then outstanding would exceed the Canadian Revolving Commitment, (B) in no event shall the Canadian Revolving Lender issue (x) any such Canadian Letter of Credit having an expiration date later than five Business Days before the Termination Date or (y) any Canadian Letter of Credit having an expiration date more than one year after its date of issuance, provided, further, provided that any Canadian Letter of Credit with a 365one-day duration year tenor may provide for the renewal thereof for additional one-year periods, which periods (which shall in no any event not extend beyond the date referred Commitment Termination Date). Prior to in clause (x) above)the issuance of any Canadian Letter of Credit, the Administrative Agent shall have first determined, and (C) advised the relevant Canadian Revolving Lender shall be prohibited from issuing or renewing Issuing Bank, that the requested amount of Canadian Letters of Credit hereunder upon shall be available under the occurrence and during the continuance Canadian Commitments. The following additional provisions shall apply to Canadian Letters of a Default or an Event of Default.Credit:

Appears in 1 contract

Samples: Credit Agreement (Iron Mountain Inc/Pa)

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