Common use of Conditions Relating to Letters of Credit Clause in Contracts

Conditions Relating to Letters of Credit. In addition to the satisfaction of all other conditions precedent set forth in this Article VI, the issuance, renewal, extension or reissuance of the Letters of Credit referred to in Section 2.01(b) hereof is subject to the following conditions precedent: (a) At least three (3) Business Days prior to the date of the issuance and at least thirty (30) Business Days prior to the date of the renewal, extension or reissuance of each Letter of Credit, the Agent shall have received a written request for a Letter of Credit, in accordance with Section 2.02(g) hereof. (b) Each of the Letters of Credit shall (i) be issued by the Agent, (ii) contain such terms and provisions as are reasonably required by the Agent, (iii) be for the account of the Borrower and (iv) expire not later than the earlier of one (1) year from the date of issuance, renewal, extension or reissuance or two (2) days before the Termination Date; provided, however, Borrower may request that any one-year Letter of Credit be renewed annually up to two (2) days prior to the Termination Date. (c) The Borrower shall have duly and validly executed and delivered to the Agent a Letter of Credit Agreement pertaining to the Letter of Credit.

Conditions Relating to Letters of Credit. In addition to the satisfaction of all other conditions precedent set forth in this Article VISection 6, the issuance, renewal, extension or reissuance of the Letters of Credit referred to in Section 2.01(b) 2.01 hereof is subject to the following conditions precedent: (a) At least three (3) Business Days prior to the date of the issuance and at least thirty three (303) Business Days (or such longer notice as may be required by the Agent to allow the Agent to comply with the notice requirement for extension embodied in the Letter of Credit) prior to the date of the renewal, extension or reissuance of each Letter of Credit, the Agent shall have received a written request for a Letter of CreditCredit or renewal, in accordance with Section 2.02(g) hereofextension or reissuance. (b) Each of the Letters of Credit shall (i) be issued by the Agent, (ii) contain such terms and provisions as are reasonably required by the Agent, (iii) be for the account of the Borrower Company, and (iv) expire not later than the earlier of one (1) year from the date of issuance, renewal, extension or reissuance or two (2) days before the Termination Date; provided, however, Borrower may request that any one-year Letter of Credit be renewed annually up to two (2) days four Business Days prior to the Termination Maturity Date. (c) The Borrower Company shall have duly and validly executed and delivered to the Agent a Letter of Credit Agreement pertaining to the Letter of Credit. (d) All other conditions shall have been satisfied as set forth in Section 2.01.

Conditions Relating to Letters of Credit. In addition to the satisfaction of all other conditions precedent set forth in this Article VISection 6, the issuance, renewal, extension or reissuance of the Letters of Credit referred to in Section 2.01(b) 2.01 hereof is subject to the following conditions precedent: (a) At least three (3) Business Days prior to the date of the issuance and at least thirty three (303) Business Days (or such longer notice as may be required by the Agent to allow the Agent to comply with the notice requirement for extension embodied in the Letter of Credit) prior to the date of the renewal, extension or reissuance of each Letter of Credit, the Agent shall have received a written request for a Letter of CreditCredit or renewal, in accordance with Section 2.02(g) hereofextension or reissuance. (b) Each of the Letters of Credit shall (i) be issued by the Agent, (ii) contain such terms and provisions as are reasonably required by the Agent, (iii) be for the account of the Borrower Company, and (iv) expire not later than the earlier of one (1) year from the date of issuance, renewal, extension or reissuance or two (2) days before the Termination Date; provided, however, Borrower may request that any one-year Letter of Credit be renewed annually up to two (2) days prior to the Termination Maturity Date. (c) The Borrower Company shall have duly and validly executed and delivered to the Agent a Letter of Credit Agreement pertaining to the Letter of Credit. (d) All other conditions shall have been satisfied as set forth in Section 2.01.