Conditions to All Letters of Credit. The obligation of any Issuing Lender to issue any Letter of Credit hereunder is subject to prior or concurrent satisfaction of all of the following conditions:
A. On or before the date of issuance of any Letter of Credit hereunder, the applicable Issuing Lender shall have received, in accordance with the provisions of subsection 2.7B, a Notice of Issuance of Letter of Credit relating to the proposed Letter of Credit, all other information specified in subsection 2.7B and such other documents as the applicable Issuing Lender may reasonably require in connection with the issuance of such Letter of Credit.
B. On or before the date of issuance of such Letter of Credit, each of the conditions set forth in subsection 3.1 shall have been satisfied as of the Effective Date, and, on such date of issuance, all conditions precedent described in subsection 3.2B shall be satisfied to the same extent as though the issuance of such Letter of Credit were the making of a Loan and the date of issuance of such Letter of Credit were a Funding Date.
Conditions to All Letters of Credit. The obligation of an Issuing Lender to Issue any Letter of Credit hereunder and the Issuance of any Letter of Credit by an Issuing Lender hereunder are subject to prior or concurrent satisfaction of all of the following conditions:
Conditions to All Letters of Credit. The issuance of any Letter of Credit hereunder is subject to the following conditions precedent:
Conditions to All Letters of Credit. At the time of the issuance, extension or renewal of any Letter of Credit (before as well as after giving effect to such Letters of Credit and to the proposed use thereof), the following conditions shall have been satisfied or shall exist:
(a) there shall exist no Default or Event of Default;
(b) all representations and warranties by the Company contained in the Credit Documents shall be true and correct in all material respects with the same effect as though such representations and warranties had been made on and as of the date of such issuance, extension or renewal date (except to the extent that any such representation or warranty speaks as of a specific date earlier than the Effective Date, in which case such representation or warranty shall be true and correct in all material respects as of such date);
(c) since the date of the most recent audited financial statements of the Consolidated Companies described in Section 5.14 of the Credit Agreement (as incorporated herein), there shall have been no event, change or condition which has had or would reasonably be expected to have a Materially Adverse Effect (whether or not any notice with respect to such change has been furnished to the Lenders pursuant to Section 6.07 of the Credit Agreement (as incorporated herein));
(d) there shall be no material action or proceeding instituted or pending before any court or other governmental authority or, to the knowledge of the Company, threatened seeking to prohibit or restrict any Consolidated Company's ownership or operation of any portion of its business or assets, or to compel any Consolidated Company to dispose of or hold separate all or any portion of its businesses or assets, where such portion or portions of such business(es) or assets, as the case may be, constitute a material portion of the total businesses or assets of the Consolidated Companies;
(e) the Letters of Credit to be issued shall not contravene, violate or conflict with, or involve the Administrative Agent, the Issuer or any Lender in a violation of, any law, rule, injunction, or regulation, or determination of any court of law or other governmental authority applicable to the Company; and
(f) the Revolving Loan Commitment (as defined in the Credit Agreement) shall remain in full force and effect. Each request for the issuance or extension of a Letter of Credit shall constitute a representation and warranty by the Company, as of the date of the issuance or extension of such Letter of Credit, ...
Conditions to All Letters of Credit. The Issuance of any Letter of Credit hereunder (whether or not the applicable Issuing Bank is obligated to Issue such Letter of Credit) is subject to the following conditions precedent:
(a) Notice of Issuance of Letter of Credit. On or before the date of Issuance of such Letter of Credit, the applicable Issuing Bank and the Administrative Agent shall have received from the Company, in accordance with the provisions of Sections 3.01 and 3.02, a Letter of Credit Request, together with all other information specified in Article III and such other documents or information as the applicable Issuing Bank and the Administrative Agent may require in connection with the Issuance of such Letter of Credit.
Conditions to All Letters of Credit. The obligation of Lender to issue or renew any Letter of Credit shall be subject to the satisfaction of the following conditions precedent on and as of the Issuance Date or Renewal Date of such Letter of Credit:
Conditions to All Letters of Credit. The obligations of any LC Issuer to issue any Letter of Credit, whether on or after the Closing Date, shall also be subject to the satisfaction of the following conditions precedent:
Conditions to All Letters of Credit. The agreement of the Issuing Lender to issue the Letter of Credit requested to be issued by it on any date (including, without limitation, the initial Letter of Credit) is subject to the satisfaction of the following conditions precedent: (a)
Conditions to All Letters of Credit. The issuance of any Letter of Credit by an Issuing Bank hereunder, amending any Letter of Credit to extend the maturity thereof or to increase the amount of any drawing thereunder and the participation therein by the Lenders are subject to prior or concurrent satisfaction of all of the following conditions:
A. On or before the date of issuance or amendment of such Letter of Credit, each of the conditions set forth in Section 3.1 shall have been satisfied or waived and the initial Loans shall have been made.
B. The Issuing Bank (and, to the extent applicable, the Administrative Agent) shall have received, in accordance with the provisions of Section 2.16B, a notice requesting the issuance or amendment of such Letter of Credit, an executed application for such Letter of Credit in the form customarily required by the Issuing Bank for the issuance or amendment of letters of credit, as the case may be, all other information specified in Section 2.16B and such other documents as the Issuing Bank may reasonably require in connection with the issuance or amendment of such Letter of Credit.
C. Each of the other conditions to the issuance of such Letter of Credit set forth in Section 2.16 shall have been satisfied. The Issuing Bank shall have the right, at the direction of the Requisite Lenders, to deliver a notice to the beneficiary of any "evergreen" Letter of Credit terminating such Letter of Credit in accordance with the terms thereof, if on any notice date, or at any time within a 30-day period preceding any such notice date, the conditions precedent set forth in this Section 3.2C (with reference to the continuation of such Letter of Credit) are not satisfied. For purposes of this paragraph, "notice date" means any date on or by which a notice may be given under a Letter of Credit notifying the beneficiary that such Letter of Credit is being terminated.
Conditions to All Letters of Credit. The issuance of any Letter of Credit by the Bank hereunder, in addition to the conditions precedent specified in Section 4.3 hereof, is subject to the prior or concurrent satisfaction of each condition set forth in Section 4.1 hereof.
