Common use of Certain Letters of Credit Clause in Contracts

Certain Letters of Credit. Subject to the terms and conditions hereof, (i) each DIP Revolving Letter of Credit that is outstanding on the Conversion Date, listed on Schedule 1.1(b) shall, effective as of the Conversion Date and without any further action by the Borrower, be continued (and deemed issued) as a Revolving Letter of Credit hereunder and from and after the Conversion Date shall be deemed a Revolving Letter of Credit for all purposes hereof and shall be subject to and governed by the terms and conditions hereof and (ii) each DIP Term Letter of Credit that is outstanding on the Conversion Date, listed on Schedule 1.1(b) shall, effective as of the Conversion Date and without any further action by the Borrower, be continued (and deemed issued) as a Term Letter of Credit hereunder and from and after the Conversion Date shall be deemed a Term Letter of Credit for all purposes hereof and shall be subject to and governed by the terms and conditions hereof. Subject to the terms and conditions hereof, each Term Letter of Credit and Parent Letter of Credit that is outstanding immediately prior to the Seventh Amendment Effective Date shall, effective as of the Seventh Amendment Effective Date and without any further action by the Borrower or any other Person, be continued (and deemed issued) as a Revolving Letter of Credit hereunder and from and after the Seventh Amendment Effective Date shall be deemed a Revolving Letter of Credit for all purposes hereof and shall be subject to and governed by the terms and conditions hereof. Notwithstanding anything to the contrary herein, (i) to the extent necessary, the Specified Revolving Letter of Credit Commitment of each Revolving Letter of Credit Issuer may be temporarily exceeded to accommodate the deemed reissuance of Term Letters of Credit and Parent Letters of Credit provided in this Section 3.10; provided that (x) in no event shall any such Revolving Letter of Credit Issuer be obligated to issue any further Revolving Letters of Credit unless and until the face amount of all Revolving Letters of Credit then outstanding and issued by such Revolving Letter of Credit Issuer no longer exceeds such Revolving Letter of Credit Issuer’s Specified Revolving Letter of Credit Commitment and (y) the Borrower shall replace Revolving Letters of Credit issued by any Revolving Letter of Credit Issuer in order to eliminate such excess within 180 days after the Seventh Amendment Effective Date (or such later date as the applicable Revolving Letter of Credit Issuer shall agree) and (ii) the Specified Revolving Letter of Credit Commitment of Natixis, New York Branch may be temporarily exceeded to accommodate the decrease of its Specified Revolving Letter of Credit Commitment effected pursuant to the Eleventh Amendment; provided that (x) in no event shall Natixis, New York Branch (or any Affiliate thereof) be obligated to issue any further Revolving Letters of Credit (or increase the amount of any issued and outstanding Revolving Letter of Credit) unless and until the face amount of all Revolving Letters of Credit then outstanding and issued by Natixis, New York Branch (or any Affiliate thereof) no longer exceeds Natixis, New York Branch’s Specified Revolving Letter of Credit Commitment and (y) the Borrower shall replace Revolving Letters of Credit issued by Natixis, New York Branch (or any Affiliate thereof) in order to eliminate such excess by no later than December 31, 2022 (or such later date as Natixis, New York Branch shall agree).