Common use of Conditions to Issuance of Additional Letters of Credit Clause in Contracts

Conditions to Issuance of Additional Letters of Credit. The issuance by the Issuing Lender of each Additional Letter of Credit shall, in addition to the conditions precedent set forth in Article III, be subject to the conditions precedent that (i) such Letter of Credit shall be satisfactory in form and substance to the Issuing Lender, (ii) the Borrower shall have executed and delivered such other instruments and agreements relating to such Letter of Credit as the Issuing Lender shall have reasonably requested and (iii) the Issuing Lender shall have confirmed on the date of (and after giving effect to) such issuance that (A) the aggregate amount of all Letter of Credit Liabilities will not exceed the Letter of Credit Commitment and (B) the aggregate Revolving Outstandings will not exceed the aggregate amount of the Revolving Commitments. Notwithstanding any other provision of this Section 3.04, the Issuing Lender shall not be under any obligation to issue any Additional Letter of Credit if: any order, judgment or decree of any governmental authority shall by its terms purport to enjoin or restrain the Issuing Lender from issuing such Additional Letter of Credit, or any requirement of law applicable to the Issuing Lender or any request or directive (whether or not having the force of law) from any governmental authority with jurisdiction over the Issuing Lender shall prohibit, or request that the Issuing Lender refrain from, the issuance of letters of credit generally or such Additional Letter of Credit in particular or shall impose upon the Issuing Lender with respect to such Additional Letter of Credit any restriction, reserve or capital requirement (for which the Issuing Lender is not otherwise compensated hereunder) not in effect on the Closing Date, or shall impose upon the Issuing Lender any unreimbursed loss, cost or expense which was not applicable on the Closing Date and which the Issuing Lender in good xxxxx xxxxx material to it.

Conditions to Issuance of Additional Letters of Credit. The issuance by the Issuing Lender of each Additional Letter of Credit shall, in addition to the conditions precedent set forth in Article IIIIV, be subject to the conditions precedent that (i) such Letter of Credit shall be satisfactory in form and substance to the Issuing Lender, (ii) the Borrower shall have executed and delivered such other instruments and agreements relating to such Letter of Credit as the Issuing Lender shall have reasonably requested and (iii) the Issuing Lender shall have confirmed on the date of (and after giving effect to) such issuance that (A) the aggregate amount of all Letter of Credit Liabilities will not exceed the Letter of Credit Commitment and (B) the aggregate Revolving Outstandings will not exceed the aggregate amount of the Revolving Commitments. Notwithstanding any other provision of this Section 3.04, the Issuing Lender shall not be under any obligation to issue any Additional Letter of Credit if: any order, judgment or decree of any governmental authority shall by its terms purport to enjoin or restrain the Issuing Lender from issuing such Additional Letter of Credit, or any requirement of law applicable to the Issuing Lender or any request or directive (whether or not having the force of law) from any governmental authority with jurisdiction over the Issuing Lender shall prohibit, or request that the Issuing Lender refrain from, the issuance of letters of credit generally or such Additional Letter of Credit in particular or shall impose upon the Issuing Lender with respect to such Additional Letter of Credit any restriction, reserve or capital requirement (for which the Issuing Lender is not otherwise compensated hereunder) not in effect on the Closing Date, or shall impose upon the Issuing Lender any unreimbursed loss, cost or expense which was not applicable on the Closing Date and which the Issuing Lender in good xxxxx xxxxx material to it.

Conditions to Issuance of Additional Letters of Credit. The issuance by the Issuing Lender of each Additional Letter of Credit shall, in addition to the conditions precedent set forth in Article IIIIV, be subject to the conditions precedent that (i) such Letter of Credit shall be satisfactory in form and substance to the Issuing Lender, (ii) the Borrower and, if applicable, any such Affiliate of the Borrower, shall have executed and delivered such other instruments and agreements relating to such Letter of Credit as the Issuing Lender shall have reasonably requested and (iii) the Issuing Lender shall have confirmed on the date of (and after giving effect to) such issuance that (A) the aggregate amount of all Letter of Credit Liabilities will not exceed the Letter of Credit Commitment and (B) the aggregate Revolving Outstandings will not exceed the aggregate amount of the Revolving Commitments. Notwithstanding any other provision of this Section 3.04, the Issuing Lender shall not be under any obligation to issue any Additional Letter of Credit if: any order, judgment or decree of any governmental authority shall by its terms purport to enjoin or restrain the Issuing Lender from issuing such Additional Letter of Credit, or any requirement of law applicable to the Issuing Lender or any request or directive (whether or not having the force of law) from any governmental authority with jurisdiction over the Issuing Lender shall prohibit, or request that the Issuing Lender refrain from, the issuance of letters of credit generally or such Additional Letter of Credit in particular or shall impose upon the Issuing Lender with respect to such Additional Letter of Credit any restriction, reserve or capital requirement (for which the Issuing Lender is not otherwise compensated hereunder) not in effect on the Closing Date, or shall impose upon the Issuing Lender any unreimbursed loss, cost or expense which was not applicable on the Closing Date and which the Issuing Lender in good xxxxx xxxxx material to it.

Conditions to Issuance of Additional Letters of Credit. The ------------------------------------------------------ issuance by the Issuing Lender of each Additional Letter of Credit shall, in addition to the conditions precedent set forth in Article III, be subject to the conditions precedent that (i) such Letter of Credit shall be satisfactory in form and substance to the Issuing Lender, (ii) the Borrower shall have executed and delivered such other instruments and agreements relating to such Letter of Credit as the Issuing Lender shall have reasonably requested and (iii) the Issuing Lender shall have confirmed on the date of (and after giving effect to) such issuance that (A) the aggregate amount of all Letter of Credit Liabilities will not exceed the Letter of Credit Commitment and (B) the aggregate Revolving Outstandings will not exceed the aggregate amount of the Revolving Commitments. Notwithstanding any other provision of this Section 3.04, the Issuing Lender shall not be under any obligation to issue any Additional Letter of Credit if: any order, judgment or decree of any governmental authority shall by its terms purport to enjoin or restrain the Issuing Lender from issuing such Additional Letter of Credit, or any requirement of law applicable to the Issuing Lender or any request or directive (whether or not having the force of law) from any governmental authority with jurisdiction over the Issuing Lender shall prohibit, or request that the Issuing Lender refrain from, the issuance of letters of credit generally or such Additional Letter of Credit in particular or shall impose upon the Issuing Lender with respect to such Additional Letter of Credit any restriction, reserve or capital requirement (for which the Issuing Lender is not otherwise compensated hereunder) not in effect on the Closing Date, or shall impose upon the Issuing Lender any unreimbursed loss, cost or expense which was not applicable on the Closing Date and which the Issuing Lender in good xxxxx xxxxx material to it.

Conditions to Issuance of Additional Letters of Credit. The issuance by the Administrative Agent of an LC Support Agreement to induce an Issuing Lender of to issue each Additional Letter of Credit shall, in addition to the conditions precedent set forth in Article IIISection 4.02, be subject to the conditions precedent that (i) such Letter of Credit shall be reasonably satisfactory in form and substance to the Issuing LenderAdministrative Agent, (ii) the Borrower shall have executed and delivered such other instruments and agreements relating to such Letter of Credit as the Issuing Lender Administrative Agent shall have reasonably requested and requested, (iii) the Issuing Lender shall have confirmed on the date of (and after giving effect to) such issuance that (A) the aggregate amount of all Letter of Credit Liabilities LC Obligations will not exceed the Letter of Credit Commitment LC Committed Amount and (B) the aggregate Revolving Outstandings will not exceed the lesser of the aggregate amount of the Revolving CommitmentsCommitments and $20,000,000 and (iv) the Issuing Lender shall not have been notified by the Administrative Agent that any condition specified in Section 4.02(b) or (c) is not satisfied on the date such Additional Letter of Credit is to be issued. Notwithstanding any other provision of this Section 3.042.05, the Issuing Lender Administrative Agent shall not be under any obligation hereunder to issue any Additional Letter of Credit LC Support Agreement if: (i) any order, judgment or decree of any governmental authority Governmental Authority shall by its terms purport to enjoin or restrain the Issuing Lender Administrative Agent from issuing such Additional Letter of CreditLC Support Agreement, or any requirement of law Law applicable to the Issuing Lender Administrative Agent or any request or directive (whether or not having the a force of lawLaw) from any governmental authority Governmental Authority with jurisdiction over the Issuing Lender Administrative Agent shall prohibit, or request that the Issuing Lender Administrative Agent refrain from, the issuance of letters of credit generally or such Additional Letter of Credit LC Support Agreement in particular or shall impose upon the Issuing Lender Administrative Agent with respect to such Additional Letter of Credit LC Support Agreement any restriction, reserve or capital requirement (for which the Issuing Lender Administrative Agent is not otherwise compensated hereunder) not in effect on the Closing Date, or shall impose upon the Issuing Lender Administrative Agent any unreimbursed loss, cost or expense which was not applicable on the Closing Date and which the Issuing Lender Administrative Agent in good xxxxx xxxxx material to it; or (ii) the issuance of such LC Support Agreement shall violate any applicable general policies of the Administrative Agent.

Conditions to Issuance of Additional Letters of Credit. The issuance by the Administrative Agent of an LC Support Agreement to induce an Issuing Lender of to issue each Additional Letter of Credit shall, in addition to the conditions precedent set forth in Article IIISection 4.02, be subject to the conditions precedent that (i) such Letter of Credit shall be reasonably satisfactory in form and substance to the Issuing LenderAdministrative Agent, (ii) the Borrower shall have executed and delivered such other instruments and agreements relating to such Letter of Credit as the Issuing Lender Administrative Agent shall have reasonably requested and requested, (iii) the Issuing Lender shall have confirmed on the date of (and after giving effect to) such issuance that (A) the aggregate amount of all Letter of Credit Liabilities LC Obligations will not exceed the Letter of Credit Commitment LC Committed Amount and (B) the aggregate Revolving Outstandings will not exceed the aggregate amount of the Revolving CommitmentsCommitments and (iv) the Issuing Lender shall not have been notified by the Administrative Agent that any condition specified in Section 4.02(b) or (c) is not satisfied on the date such Additional Letter of Credit is to be issued. Notwithstanding any other provision of this Section 3.042.05, the Issuing Lender Administrative Agent shall not be under any obligation hereunder to issue any Additional Letter of Credit LC Support Agreement if: (i) any order, judgment or decree of any governmental authority Governmental Authority shall by its terms purport to enjoin or restrain the Issuing Lender Administrative Agent from issuing such Additional Letter of CreditLC Support Agreement, or any requirement of law Law applicable to the Issuing Lender Administrative Agent or any request or directive (whether or not having the a force of lawLaw) from any governmental authority Governmental Authority with jurisdiction over the Issuing Lender Administrative Agent shall prohibit, or request that the Issuing Lender Administrative Agent refrain from, the issuance of letters of credit generally or such Additional Letter of Credit LC Support Agreement in particular or shall impose upon the Issuing Lender Administrative Agent with respect to such Additional Letter of Credit LC Support Agreement any restriction, reserve or capital requirement (for which the Issuing Lender Administrative Agent is not otherwise compensated hereunder) not in effect on the Closing Date, or shall impose upon the Issuing Lender Administrative Agent any unreimbursed loss, cost or expense which was not applicable on the Closing Date and which the Issuing Lender Administrative Agent in good xxxxx fxxxx xxxxx material to it; or (ii) the issuance of such LC Support Agreement shall violate any applicable general policies of the Administrative Agent.

Conditions to Issuance of Additional Letters of Credit. The issuance by the an Issuing Lender of each Additional Letter of Credit shall, in addition to the conditions precedent set forth in Article IIISection 4.02, be subject to the conditions precedent that (i) such Letter of Credit shall be satisfactory in form and substance to the applicable Issuing Lender, (ii) the Borrower shall Caxxxxxxx xhall have executed and delivered such other instruments and agreements relating to such Letter of Credit as the Issuing Lender shall have reasonably requested and requested, (iii) the Issuing Lender shall have confirmed with the Administrative Agent on the date of (and after giving effect to) such issuance that (A) the Dollar Amount of the aggregate amount of all Letter of Credit Liabilities LC Obligations will not exceed the Letter of Credit Commitment LC Committed Amount and (B) the Dollar Amount of the aggregate Revolving Outstandings will not exceed the aggregate amount of the Revolving CommitmentsCommitments and (iv) the Issuing Lender shall not have been notified by the Administrative Agent that any condition specified in Section 4.02(b) or (c) is not satisfied on the date such Letter of Credit is to be issued. Notwithstanding any other provision of this Section 3.042.06, the no Issuing Lender shall not be under any obligation to issue any Additional Letter of Credit if: (i) any order, judgment or decree of any governmental authority Governmental Authority shall by its terms purport to enjoin or restrain the Issuing Lender from issuing such Additional Letter of Credit, or any requirement of law Law applicable to the such Issuing Lender or any request or directive (whether or not having the a force of lawLaw) from any governmental authority Governmental Authority with jurisdiction over the such Issuing Lender shall prohibit, or request that the such Issuing Lender refrain from, the issuance of letters of credit generally or such Additional Letter of Credit in particular or shall impose upon the such Issuing Lender with respect to such Additional Letter of Credit any restriction, reserve or capital requirement (for which the such Issuing Lender is not otherwise compensated hereunder) not in effect on the Closing Date, or shall impose upon the such Issuing Lender any unreimbursed loss, cost or expense which was not applicable on the Closing Date and which the such Issuing Lender in good faxxx xxxxx xxxxx material xaterial to it; or (ii) the issuance of such Additional Letter of Credit shall violate any applicable general policies of such Issuing Lender.

Conditions to Issuance of Additional Letters of Credit. The issuance by the an Issuing Lender of each Additional Letter of Credit shall, in addition to the conditions precedent set forth in Article IIISection 4.02, be subject to the conditions precedent that (i) such Letter of Credit shall be satisfactory in form and substance to the applicable Issuing Lender, (ii) the Borrower Xxxxxxxxx shall have executed and delivered such other instruments and agreements relating to such Letter of Credit as the Issuing Lender shall have reasonably requested and requested, (iii) the Issuing Lender shall have confirmed with the Administrative Agent on the date of (and after giving effect to) such issuance that (A) the Dollar Amount of the aggregate amount of all Letter of Credit Liabilities LC Obligations will not exceed the Letter of Credit Commitment LC Committed Amount and (B) the Dollar Amount of the aggregate Revolving Outstandings will not exceed the aggregate amount of the Revolving CommitmentsCommitments and (iv) the Issuing Lender shall not have been notified by the Administrative Agent that any condition specified in Section 4.02(b) or (c) is not satisfied on the date such Letter of Credit is to be issued. Notwithstanding any other provision of this Section 3.042.06, the no Issuing Lender shall not be under any obligation to issue any Additional Letter of Credit if: (x) any order, judgment or decree of any governmental authority Governmental Authority shall by its terms purport to enjoin or restrain the Issuing Lender from issuing such Additional Letter of Credit, or any requirement of law Law applicable to the such Issuing Lender or any request or directive (whether or not having the a force of lawLaw) from any governmental authority Governmental Authority with jurisdiction over the such Issuing Lender shall prohibit, or request that the such Issuing Lender refrain from, the issuance of letters of credit generally or such Additional Letter of Credit in particular or shall impose upon the such Issuing Lender with respect to such Additional Letter of Credit any restriction, reserve or capital requirement (for which the such Issuing Lender is not otherwise compensated hereunder) not in effect on the Closing Date, or shall impose upon the such Issuing Lender any unreimbursed loss, cost or expense which was not applicable on the Closing Date and which the such Issuing Lender in good xxxxx xxxxx material to it; or (y) the issuance of such Additional Letter of Credit shall violate any applicable general policies of such Issuing Lender.