Common use of Conditions for Issuance Clause in Contracts

Conditions for Issuance. In addition to being subject to the satisfaction of the conditions contained in Section 4.2, the obligation of the Issuer to issue any Facility Letter of Credit is subject to the satisfaction in full of the following conditions: (i) the aggregate maximum amount then available for drawing under Letters of Credit issued by the Issuer, after giving effect to the Facility Letter of Credit requested hereunder, shall not exceed any limit imposed by law or regulation upon the Issuer; (ii) after giving effect to the requested issuance of any Facility Letter of Credit, the sum of (a) the Facility Letter of Credit Obligations and (b) the total aggregate unpaid principal balance of the Revolving Credit Loans and Swing Loans does not exceed the amount permitted under 2.1(c). (iii) the requested Facility Letter of Credit has an expiration date prior to the Termination Date; (iv) the Borrower requesting such Facility Letter of Credit shall have delivered to the Issuer at such times and in such manner as the Issuer may reasonably prescribe such documents and materials as may be required pursuant to the terms of the proposed Facility Letter of Credit and the proposed Facility Letter of Credit shall be reasonably satisfactory to the Issuer as to form and content; and (v) as of the date of issuance, no order, judgment or decree of any court, arbitrator or governmental authority shall purport by its terms to enjoin or restrain the Issuer from issuing the Facility Letter of Credit and no law, rule or regulation applicable to the Issuer and no request or directive (whether or not having the force of law) from any governmental authority with jurisdiction over the Issuer shall prohibit or request that the Issuer refrain from the issuance of Letters of Credit generally or the issuance of that Facility Letter of Credit.

Conditions for Issuance. In addition to being subject to the satisfaction of the conditions contained in Section Sections 4.1 and 4.2, the obligation of the an Issuer to issue any Facility Letter of Credit is subject to the satisfaction in full of the following conditions: (ia) the aggregate maximum amount then available for drawing under Facility Letters of Credit issued by the IssuerIssuers, after giving effect to the Facility Letter of Credit requested hereunder, shall not exceed any limit imposed by law or regulation upon the Issuer; (ii) after giving effect to the requested issuance of any Facility Letter of Credit, the sum of (a) the Facility Letter of Credit Obligations and (b) the total aggregate unpaid principal balance of the Revolving Credit Loans and Swing Loans does not exceed the amount permitted under 2.1(c). (iii) the requested Facility Letter of Credit has an expiration date at least five Business Days prior to the Facility Termination Date; (ivc) after giving effect to the Borrower requesting such Facility Letter of Credit requested hereunder, the aggregate maximum amount then available for drawing under Facility Letters of Credit issued by the Issuers, shall not exceed the amount permitted by Section 2.1(c), and no prepayment would be required under this Agreement and no provision of this Agreement would be breached; (d) the applicable Borrower shall have delivered to the applicable Issuer at such times and in such manner as the such Issuer may reasonably prescribe such documents and materials as may be required pursuant to the terms of the proposed Facility Letter of Credit and the proposed Facility Letter of Credit shall be reasonably satisfactory to the such Issuer as to form and content; and (ve) as of the date of issuance, no order, judgment or decree of any courtCourt, arbitrator or governmental authority shall purport by its terms to enjoin or restrain the such Issuer from issuing the Facility Letter of Credit and no law, rule or regulation applicable to the such Issuer and no request or directive (whether or not having the force of law) from any governmental authority with jurisdiction over the such Issuer shall prohibit or request that the such Issuer refrain from the issuance of Letters of Credit generally or the issuance of that Facility Letter of Credit.

Conditions for Issuance. In addition to being subject to the satisfaction of the conditions contained in Section Sections 4.1 and 4.2, the obligation of the an Issuer to issue any Facility Letter of Credit is subject to the satisfaction in full of the following conditions: (ia) the aggregate maximum amount then available for drawing under Facility Letters of Credit issued by the IssuerIssuers, after giving effect to the Facility Letter of Credit requested hereunder, shall not exceed any limit imposed by law or regulation upon the Issuer; (ii) after giving effect to the requested issuance of any Facility Letter of Credit, the sum of (a) the Facility Letter of Credit Obligations and (b) the total aggregate unpaid principal balance of the Revolving Credit Loans and Swing Loans does not exceed the amount permitted under 2.1(c). (iii) the requested Facility Letter of Credit has shall not have an expiration date prior to later than the Termination Date; earlier of (ivi) one year after the Borrower requesting date of issuance of such Facility Letter of Credit and (ii) five Business Days prior to the Facility Termination Date, provided that any Facility Letter of Credit with a one-year tenor may provide for the renewal thereof for additional one-year periods (which shall in no event extend beyond the date referred to in clause (ii) above); (c) after giving effect to the Facility Letter of Credit requested hereunder, the aggregate maximum amount then available for drawing under Facility Letters of Credit issued by the Issuers, shall not exceed (i) $50,000,000 in the case of Facility Letters of Credit for the account of the Company and Domestic Subsidiary Borrowers and (ii) EUR25,000,000 in the case of Facility Letters of Credit for the account of the Company (if denominated in an Agreed Currency other than Dollars in the case of the Company) and Foreign Subsidiary Borrowers, and no prepayment would be required under this Agreement and no provision of this Agreement would be breached; (d) the applicable Borrower shall have delivered to the applicable Issuer at such times and in such manner as the such Issuer may reasonably prescribe such documents and materials as may be required pursuant to the terms of the proposed Facility Letter of Credit and the proposed Facility Letter of Credit shall be reasonably satisfactory to the such Issuer as to form and content; and (ve) as of the date of issuance, no order, judgment or decree of any courtCourt, arbitrator or governmental authority shall purport by its terms to enjoin or restrain the such Issuer from issuing the Facility Letter of Credit and no law, rule or regulation applicable to the such Issuer and no request or directive (whether or not having the force of law) from any governmental authority with jurisdiction over the such Issuer shall prohibit or request that the such Issuer refrain from the issuance of Letters of Credit generally or the issuance of that Facility Letter of Credit.

Conditions for Issuance. In addition to being subject to the satisfaction of the conditions contained in Section 4.2, the obligation of the Issuer to issue any Facility Letter of Credit is subject to the satisfaction in full of the following conditions: (i) the aggregate maximum amount then available for drawing under Letters of Credit issued by the Issuer, after giving effect to the Facility Letter of Credit requested hereunder, shall not exceed any limit imposed by law or regulation upon the Issuer; (ii) after giving effect to the requested issuance of any Facility Letter of Credit, the sum of (a) the Facility Letter of Credit Obligations and (b) the total aggregate unpaid principal balance of the Revolving Credit Loans and Swing Loans does not exceed the amount permitted under 2.1(c2.1(b). (iii) the requested Facility Letter of Credit has an expiration date prior to the earlier of the Termination DateDate or the date one year after the issuance of such Letter of Credit; (iv) the Borrower requesting such Facility Letter of Credit Borrowers shall have delivered to the Issuer at such times and in such manner as the Issuer may reasonably prescribe such documents and materials as may be required pursuant to the terms of the proposed Facility Letter of Credit and the proposed Facility Letter of Credit shall be reasonably satisfactory to the Issuer as to form and content; and (v) as of the date of issuance, no order, judgment or decree of any court, arbitrator or governmental authority shall purport by its terms to enjoin or restrain the Issuer from issuing the Facility Letter of Credit and no law, rule or regulation applicable to the Issuer and no request or directive (whether or not having the force of law) from any governmental authority with jurisdiction over the Issuer shall prohibit or request that the Issuer refrain from the issuance of Letters of Credit generally or the issuance of that Facility Letter of Credit.

Conditions for Issuance. In addition to being subject to the satisfaction of the conditions contained in Section Sections 4.1 and 4.2, the obligation of the an Issuer to issue any Facility Letter of Credit is subject to the satisfaction in full of the following conditions: (ia) the aggregate maximum amount then available for drawing under Facility Letters of Credit issued by the IssuerIssuers, after giving effect to the Facility Letter of Credit requested hereunder, shall not exceed any limit imposed by law or regulation upon the Issuer; (ii) after giving effect to the requested issuance of any Facility Letter of Credit, the sum of (a) the Facility Letter of Credit Obligations and (b) the total aggregate unpaid principal balance of the Revolving Credit Loans and Swing Loans does not exceed the amount permitted under 2.1(c). (iii) the requested Facility Letter of Credit has an expiration date at least five Business Days prior to the Facility Termination Date; (ivc) after giving effect to the Borrower requesting such Facility Letter of Credit requested hereunder, the aggregate maximum amount then available for drawing under Facility Letters of Credit issued by the Issuers, shall not exceed (i) $20,000,000 in the case of Facility Letters of Credit for the account of the Company, (ii) DKK10,000,000 in the case of Facility Letters of Credit for the account of the Danish Borrower, (iii) EUR1,000,000 in the case of Facility Letters of Credit for the account of a Euro Borrower, (iv) (pound)1,000,000 in the case of Facility Letters of Credit for the account of the U.K. Borrower and (v) the Equivalent Amount of $1,000,000 in the case of Facility Letters of Credit for the account of the Canadian Borrower, and no prepayment would be required under this Agreement and no provision of this Agreement would be breached; (d) the applicable Borrower shall have delivered to the applicable Issuer at such times and in such manner as the such Issuer may reasonably prescribe such documents and materials as may be required pursuant to the terms of the proposed Facility Letter of Credit and the proposed Facility Letter of Credit shall be reasonably satisfactory to the Issuer as to form and content; and (v) as of the date of issuance, no order, judgment or decree of any court, arbitrator or governmental authority shall purport by its terms to enjoin or restrain the Issuer from issuing the Facility Letter of Credit and no law, rule or regulation applicable to the Issuer and no request or directive (whether or not having the force of law) from any governmental authority with jurisdiction over the Issuer shall prohibit or request that the Issuer refrain from the issuance of Letters of Credit generally or the issuance of that Facility Letter of Credit.required

Conditions for Issuance. In addition to being subject to the satisfaction of the conditions contained in Section Sections 4.1 and 4.2, the obligation of the LC Issuer to issue any Facility Letter of Credit is subject to the satisfaction in full of the following conditions: (ia) the aggregate maximum amount then available for drawing under Facility Letters of Credit issued by the LC Issuer, after giving effect to the Facility Letter of Credit requested hereunder, shall not exceed any limit imposed by law or regulation upon the LC Issuer; (ii) after giving effect to the requested issuance of any Facility Letter of Credit, the sum of (a) the Facility Letter of Credit Obligations and (b) the total aggregate unpaid principal balance of the Revolving Credit Loans and Swing Loans does not exceed the amount permitted under 2.1(c). (iii) the requested Facility Letter of Credit has an expiration date at least five Business Days prior to the Facility Termination Date; (ivc) after giving effect to the Borrower requesting such Facility Letter of Credit requested hereunder, the U.S. Dollar Equivalent of the aggregate maximum amount then available for drawing under Facility Letters of Credit issued by the LC Issuer shall not exceed $5,000,000, and no prepayment would be required under this Agreement and no provision of this Agreement would be breached; (d) the applicable Borrower shall have delivered to the LC Issuer at such times and in such manner as the LC Issuer may reasonably prescribe such documents and materials as may be required pursuant to the terms of the proposed Facility Letter of Credit and the proposed Facility Letter of Credit shall be reasonably satisfactory to the LC Issuer as to form and content; and (ve) as of the date of issuance, no order, judgment or decree of any courtCourt, arbitrator or governmental authority shall purport by its terms to enjoin or restrain the LC Issuer from issuing the Facility Letter of Credit and no law, rule or regulation applicable to the LC Issuer and no request or directive (whether or not having the force of law) from any governmental authority with jurisdiction over the LC Issuer shall prohibit or request that the LC Issuer refrain from the issuance of Letters of Credit generally or the issuance of that Facility Letter of Credit.

Conditions for Issuance. In addition to being subject to the satisfaction of the conditions contained in Section 4.2, the obligation of the Issuer to issue any Facility Letter of Credit is subject to the satisfaction in full of the following conditions: (ia) the aggregate maximum amount then available for drawing under Letters of Credit issued by the Issuer, after giving effect to the Facility Letter of Credit requested hereunder, shall not exceed any limit imposed by law or regulation upon the Issuer; (iib) after giving effect to the requested issuance of any Facility Letter of Credit, the sum of (a) the Facility Letter of Credit Obligations and (b) the total aggregate unpaid principal balance of the Revolving Credit Loans and Swing Loans does not exceed the amount permitted under 2.1(c). (iiic) the requested Facility Letter of Credit has an expiration date prior to the earlier of the Termination DateDate or the date one year after the issuance of such Letter of Credit; (ivd) the Borrower requesting such Facility Letter of Credit shall have delivered to the Issuer at such times and in such manner as the Issuer may reasonably prescribe such documents and materials as may be required pursuant to the terms of the proposed Facility Letter of Credit and the proposed Facility Letter of Credit shall be reasonably satisfactory to the Issuer as to form and content; and (ve) as of the date of issuance, no order, judgment or decree of any court, arbitrator or governmental authority shall purport by its terms to enjoin or restrain the Issuer from issuing the Facility Letter of Credit and no law, rule or regulation applicable to the Issuer and no request or directive (whether or not having the force of law) from any governmental authority with jurisdiction over the Issuer shall prohibit or request that the Issuer refrain from the issuance of Letters of Credit generally or the issuance of that Facility Letter of Credit.

Conditions for Issuance. In addition to being subject to the satisfaction of the conditions contained in Section Sections 4.1 and 4.2, the obligation of the an Issuer to issue any Facility Letter of Credit is subject to the satisfaction in full of the following conditions: : (ia) the aggregate maximum amount then available for drawing under Facility Letters of Credit issued by the IssuerIssuers, after giving effect to the Facility Letter of Credit requested hereunder, shall not exceed any limit imposed by law or regulation upon the Issuer; (ii) after giving effect to the requested issuance of any Facility Letter of Credit, the sum of (a) the Facility Letter of Credit Obligations and ; (b) the total aggregate unpaid principal balance of the Revolving Credit Loans and Swing Loans does not exceed the amount permitted under 2.1(c). (iii) the requested Facility Letter of Credit has an expiration date at least five Business Days prior to the Facility Termination Date; ; (ivc) after giving effect to the Borrower requesting such Facility Letter of Credit requested hereunder, the aggregate maximum amount then available for drawing under Facility Letters of Credit issued by the Issuers, shall not exceed the amount permitted by Section 2.1(c), and no prepayment would be required under this Agreement and no provision of this Agreement would be breached; (d) the applicable Borrower shall have delivered to the applicable Issuer at such times and in such manner as the such Issuer may reasonably prescribe such documents and materials as may be required pursuant to the terms of the proposed Facility Letter of Credit and the proposed Facility Letter of Credit shall be reasonably satisfactory to the such Issuer as to form and content; and and (ve) as of the date of issuance, no order, judgment or decree of any courtCourt, arbitrator or governmental authority shall purport by its terms to enjoin or restrain the such Issuer from issuing the Facility Letter of Credit and no law, rule or regulation applicable to the such Issuer and no request or directive (whether or not having the force of law) from any governmental authority with jurisdiction over the such Issuer shall prohibit or request that the such Issuer refrain from the issuance of Letters of Credit generally or the issuance of that Facility Letter of Credit.

Conditions for Issuance. In addition to being subject to the satisfaction of the conditions contained in Section 4.25.02, the obligation of the an Issuer to issue any Facility Letter of Credit is subject to the satisfaction in full of the following conditions: : (i) i0 the aggregate maximum amount then available for drawing under Facility Letters of Credit issued by the such Issuer, after giving effect to the Facility Letter of Credit requested hereunder, shall not exceed any limit imposed by law or regulation upon the such Issuer; ; (ii) ii0 after giving effect to the requested issuance of any Facility Letter of Credit, the sum Facility Letter of Credit Obligations do not exceed the lesser of (a) the Facility Aggregate Letter of Credit Obligations and Commitment, or (b) an amount equal to the total aggregate unpaid principal balance Aggregate Facility A Commitment minus the sum of the Revolving Credit Loans outstanding Advances and all outstanding Swing Loans does not exceed the amount permitted under 2.1(c). Line Loans; (iii) iii0 the requested Facility Letter of Credit has an expiration date not later than the earlier of (x) ten Business Days prior to the Facility A Termination Date; Date and (ivy) one year after its date of issuance; (iv0 the Borrower requesting such Facility Letter of Credit shall have delivered to the such Issuer at such times and in such manner as the such Issuer may reasonably prescribe such documents and materials as may be required pursuant to the terms of the proposed Facility Letter of Credit Credit, and the proposed Facility Letter of Credit shall be reasonably satisfactory to the such Issuer as to form and content; and and (v) v0 as of the date of issuance, no order, judgment or decree of any court, arbitrator or governmental authority shall purport by its terms to enjoin or restrain the such Issuer from issuing the Facility Letter of Credit and no law, rule or regulation applicable to the such Issuer and no request or directive (whether or not having the force of law) from any governmental authority with jurisdiction over the Issuer shall prohibit or request that the such Issuer refrain from the issuance of Letters of Credit generally or the issuance of that Facility Letter of CreditCredit (and in any such case, such Issuer shall promptly notify the Agent and the Borrower of such fact).