Common use of Commitment to Issue Clause in Contracts

Commitment to Issue. The Borrower may utilize the Revolving Commitments by requesting that the Agent issue, and the Agent, subject to the terms and conditions of this Agreement, shall issue, letters of credit for Borrower's or one of its Subsidiaries' account (such letters of credit being hereinafter referred to as the "Letters of Credit"); provided, however, (i) the aggregate amount of outstanding Letter of Credit Liabilities shall not at any time exceed Two Million Dollars ($2,000,000); (ii) the Outstanding Revolving Credit shall not at any time exceed the lesser of (A) the aggregate Revolving Commitments or (B) the Borrowing Base; and (iii) the Outstanding Revolving Credit applicable to a Bank shall not at any time exceed such Bank's Revolving Commitment. Upon the date of issue of a Letter of Credit, the Agent shall be deemed, without further action by any party hereto, to have sold to each other Bank, and each other Bank shall be deemed, without further action by any party hereto, to have purchased from the Agent a participation to the extent of such Bank's Commitment Percentage (calculated with respect to the Revolving Commitments only) in such Letter of Credit and the related Letter of Credit Liabilities.

Commitment to Issue. The Borrower Borrowers may utilize the Revolving Commitments by requesting that the Agent issue, and the Agent, subject to the terms and conditions of this Agreement, shall issue, letters of credit for a Borrower's or one of its Subsidiaries' account (such letters of credit being hereinafter referred to as the "Letters of CreditLETTERS OF CREDIT"); providedPROVIDED, howeverHOWEVER, (i) the aggregate amount of outstanding Letter of Credit Liabilities shall not at any time exceed Two Million Five Hundred Thousand Dollars ($2,000,0002,500,000); (ii) the Outstanding Revolving Credit shall not at any time exceed the lesser of (A) the aggregate Revolving Commitments or (B) the Borrowing Base; and (iii) the Outstanding Revolving Credit applicable to a Bank shall not at any time exceed such Bank's Commitment (except with respect to the Agent as a Bank, as may otherwise result from the operation of SECTION 4.6); and (iv) the Outstanding Revolving CommitmentCredit applicable to a Borrower shall at no time exceed such Borrower's Borrowing Base. Upon the date of issue of a Letter of Credit, the Agent shall be deemed, without further action by any party hereto, to have sold to each other Bank, and each other Bank shall be deemed, without further action by any party hereto, to have purchased from the Agent a participation to the extent of such Bank's Commitment Percentage (calculated with respect to the Revolving Commitments only) in such Letter of Credit and the related Letter of Credit Liabilities.

Commitment to Issue. The Borrower may utilize the Revolving Commitments by requesting that the Agent issue, and the Agent, subject to the terms and conditions of this Agreement, shall issue, letters of credit for Borrower's or one of its Subsidiaries' account (such letters of credit being hereinafter referred to as the "Letters of Credit"); provided, however, (i) the aggregate amount of outstanding Letter of Credit Liabilities shall not at any time exceed Two Million Dollars ($2,000,000); (ii) the Outstanding Revolving Credit shall not at any time exceed the lesser of (A) the aggregate Revolving Commitments or (B) the Borrowing Base, (iii) the amount of the Outstanding Revolving Credit supported by Eligible Inventory shall not exceed $3,500,000 at any time; and (iiiiv) the Outstanding Revolving Credit applicable to a Bank shall not at any time exceed such Bank's Revolving Commitment. Upon the date of issue of a Letter of Credit, the Agent shall be deemed, without further action by any party hereto, to have sold to each other Bank, and each other Bank shall be deemed, without further action by any party hereto, to have purchased from the Agent a participation to the extent of such Bank's Commitment Percentage (calculated with respect to the Revolving Commitments only) in such Letter of Credit and the related Letter of Credit Liabilities.

Commitment to Issue. The Borrower may utilize the Revolving Commitments ------------------- by requesting that the Agent Fronting Bank issue, and the AgentFronting Bank, subject to the terms and conditions of this Agreement, shall issue, standby and commercial letters of credit for Borrower's or one of its Subsidiaries' account (such letters of credit being hereinafter referred to as the "Letters of Credit", which may be for ----------------- the benefit of a Subsidiary of Borrower); provided, however, (i) the -------- ------- aggregate amount of outstanding Letter of Credit Liabilities shall not at any time exceed Two Fifteen Million Dollars ($2,000,00015,000,000); , (ii) the Outstanding Revolving Credit shall not at any time exceed the lesser of (A) the aggregate Revolving Commitments or (B) the Borrowing Base; maximum amount prescribed by Section 2.1, and (iii) the Outstanding Revolving Credit applicable to a Bank ----------- any Lender shall not at any time exceed such Bank's Revolving Commitmentthe maximum amount for a Lender prescribed by Section 2. 1. Upon the date of issue of a Letter of Credit, the ----------- Administrative Agent shall be deemed, without further action by any party hereto, to have sold to each other BankLender who holds a Revolving Commitment, and each other Bank such Lender shall be deemed, without further action by any party hereto, to have purchased from the Agent Administrative Agent, a participation to the extent of such BankLender's Commitment Percentage (calculated with respect to the Revolving Commitments onlyCommitments) in such Letter of Credit and the related Letter of Credit Liabilities.

Commitment to Issue. The Borrower may utilize the Revolving ------------------- Commitments by requesting that the Agent Fronting Bank issue, and the AgentFronting Bank, subject to the terms and conditions of this Agreement, shall issue, standby and commercial letters of credit for Borrower's or one of its Subsidiaries' account (such letters of credit being hereinafter referred to as the "Letters of Credit", ----------------- which may be for the benefit of a Subsidiary of Borrower); provided, -------- however, (i) the aggregate amount of outstanding Letter of Credit ------- Liabilities shall not at any time exceed Two Fifteen Million Dollars ($2,000,00015,000,000); , (ii) the Outstanding Revolving Credit shall not at any time exceed the lesser of (A) the aggregate Revolving Commitments or (B) the Borrowing Base; maximum amount prescribed by Section 2.1, and (iii) the ----------- Outstanding Revolving Credit applicable to a Bank any Lender shall not at any time exceed such Bank's Revolving Commitmentthe maximum amount for a Lender prescribed by Section 2. 1. Upon the ----------- date of issue of a Letter of Credit, the Administrative Agent shall be deemed, without further action by any party hereto, to have sold to each other BankLender who holds a Revolving Commitment, and each other Bank such Lender shall be deemed, without further action by any party hereto, to have purchased from the Agent Administrative Agent, a participation to the extent of such BankLender's Commitment Percentage (calculated with respect to the Revolving Commitments onlyCommitments) in such Letter of Credit and the related Letter of Credit Liabilities.