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

Conditions to Issuance of Letters of Credit. The obligation of Lender to issue any Letter of Credit hereunder is subject to the prior or concurrent satisfaction of all of the following conditions: (A) On or before the date of issuance of the Letter of Credit, each of the conditions set forth in Section 4.1 shall have been satisfied or waived; (B) On or before the date of issuance of each Letter of Credit, Lender in respect of such Letter of Credit shall have received in accordance with the provisions of Section 2.12, a notice requesting the issuance of such Letter of Credit, an executed application for such Letter of Credit in the form customarily required by Lender for the issuance of letters of credit, all other information specified in Section 2.12, and such other documents as Lender may reasonably require in connection with the issuance of such Letter of Credit; (C) On the date of issuance of each Letter of Credit, all conditions precedent described in Section 4.2 shall be satisfied to the same extent as though the issuance of such Letter of Credit were the making of an Advance, and each request by a Borrower to Lender to issue a Letter of Credit shall constitute a representation by Borrowers that at the time thereof (1) all conditions precedent described in Section 4.2 have been satisfied and (2) the sum of the proposed Letter of Credit plus the Letter of Credit Liability plus the Advances then outstanding would not exceed the Credit Limit; and (D) On or before the date of issuance of such Letter of Credit, Borrowers shall have paid the fees therefor required under Section 2.12.

Conditions to Issuance of Letters of Credit. The obligation of Lender the Bank to issue any Letter of Credit hereunder is subject to the prior or concurrent satisfaction of all of the following conditions: (A) On or before the date of issuance of the initial Letter of Credit, each of the conditions set forth in Section SECTION 4.1 shall have been satisfied or waived; (B) On or before the date of issuance of each Letter of Credit, Lender the Bank in respect of such Letter of Credit shall have received in accordance with the provisions of Section 2.12SECTION 2.28, a notice requesting the issuance of such Letter of Credit, an executed application for such Letter of Credit in the form customarily required by Lender the Bank for the issuance of letters of credit, all other information specified in Section 2.12SECTION 2.28, and such other documents as Lender the Bank may reasonably require in connection with the issuance of such Letter of Credit; (C) On the date of issuance of each Letter of Credit, all conditions precedent described in Section SECTION 4.2 shall be satisfied to the same extent as though the issuance of such Letter of Credit were the making of an a Revolving Credit Advance, and each request by a Borrower Borrowers to Lender the Bank to issue a Letter of Credit shall constitute a representation by the Borrowers that at the time thereof (1) all conditions precedent described in Section SECTION 4.2 have been satisfied and (2) the sum of the proposed Letter of Credit plus the Letter of Credit Liability plus the Revolving Credit Advances then outstanding would not exceed the Credit Limit; and (D) On or before the date of issuance of such Letter of Credit, the Borrowers shall have paid the fees fee therefor required under Section 2.12SECTION 2.28.

Conditions to Issuance of Letters of Credit. The obligation of Lender to issue any Letter of Credit hereunder is subject to the prior or concurrent satisfaction of all of the following conditions: (A) On or before the date of issuance of the Letter of Credit, each of the conditions set forth in Section 4.1 shall have been satisfied or waived; (B) On or before the date of issuance of each Letter of Credit, Lender in respect of such Letter of Credit shall have received in accordance with the provisions of Section 2.122.11, a notice requesting the issuance of such Letter of Credit, an executed application for such Letter of Credit in the form customarily required by Lender for the issuance of letters of credit, all other information specified in Section 2.122.11, and such other documents as Lender may reasonably require in connection with the issuance of such Letter of Credit; (C) On the date of issuance of each Letter of Credit, all conditions precedent described in Section 4.2 shall be satisfied to the same extent as though the issuance of such Letter of Credit were the making of an Advance, and each request by a Borrower to Lender to issue a Letter of Credit shall constitute a representation by Borrowers that at the time thereof (1) all conditions precedent described in Section 4.2 have been satisfied and (2) the sum of the proposed Letter of Credit plus the Letter of Credit Liability plus the Advances then outstanding would not exceed the Credit Limit; and (D) On or before the date of issuance of such Letter of Credit, Borrowers shall have paid the fees therefor required under Section 2.122.11.

Conditions to Issuance of Letters of Credit. The With respect to each Letter of Credit, the obligation of Lender the Issuing Bank to issue any such Letter of Credit hereunder is subject to the prior or concurrent satisfaction of all of the following conditions: (A) On or before the date of issuance of the Letter of Credit, each of the conditions set forth in Section 4.1 shall have been satisfied or waived; (Ba) On or before the date of issuance of each Letter of Credit, Lender in respect of such Letter of Credit the Issuing Bank shall have received (unless waived by all of the Banks), in accordance with the provisions of Section 2.12SECTION 2.15(a), a notice requesting the issuance of such Letter of Credit, an executed application for such Letter of Credit in the form customarily required by Lender such Issuing Bank for the issuance of letters of credit, all other information specified in Section 2.12SECTION 2.15(a), and such other documents as Lender such Issuing Bank may reasonably require in connection with the issuance of such Letter of Credit; (Cb) On the date of issuance of each Letter of Credit, all conditions precedent described in Section 4.2 SECTION 3.2 (excluding SECTION 3.2(b)) shall be satisfied to the same extent as though the issuance of such Letter of Credit were the making of an Advance, and each request by a Borrower the Borrowers to Lender an Issuing Bank to issue a Letter of Credit shall constitute a representation by the Borrowers that at the time thereof (1) all conditions precedent described in Section 4.2 SECTION 3.2 (excluding 3.2(b)) have been satisfied and (2) the sum of the proposed Letter of Credit (or, in the case of a Letter of Credit denominated in a Foreign Currency, the Dollar equivalent thereof determined in accordance with SECTION 2.20 as of such date) plus the Letter of Credit Liability plus the Advances and the Swing Line Loans then outstanding would not exceed the Credit Limit; andCommitments, and (3) the sum of the proposed Letter of (Dc) On or before the date of issuance of such Letter of Credit, the Borrowers shall have paid the fees therefor required under Section 2.12SECTION 2.15.