Common use of Issuance, Amendment, Extension; Certain Conditions Clause in Contracts

Issuance, Amendment, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment or extension of an outstanding Letter of Credit), the Borrower shall notify the Administrative Agent of such request by delivery (by hand delivery, facsimile or other electronic transmission) of a written Letter of Credit Request (or telephonic notice promptly confirmed thereafter by delivery of a written Letter of Credit Request) to the applicable Issuing Bank and the Administrative Agent at least three Business Days before the requested date of issuance, amendment or extension (or such shorter period as the applicable Issuing Bank and the Administrative Agent may agree), (i) requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended or extended and (ii) specifying (1) the date of issuance, amendment or extension (which shall be a Business Day), (2) the date on which such Letter of Credit is to expire (which shall comply with clause (d) of this Section 2.04), (3) the amount and currency of such Letter of Credit, (4) the name and address of the beneficiary thereof and (5) such other information as shall be necessary to prepare, amend or extend such Letter of Credit. If requested by the applicable Issuing Bank, the Borrower also shall submit a letter of credit application on such Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended (other than an amendment in respect of a then outstanding Letter of Credit that does not increase the available amount thereof) or extended only if (and upon issuance, amendment (other than an amendment in respect of a then outstanding Letter of Credit that does not increase the available amount thereof) or extension of any Letter of Credit the Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment (other than an amendment in respect of a then outstanding Letter of Credit that does not increase the available amount thereof) or extension, (A) the aggregate RC Facility Exposures shall not exceed the aggregate RC Facility Commitments, (B) the aggregate RC Facility Exposure of any Issuing Bank shall not exceed such Issuing Bank’s RC Facility Commitment, (C) the aggregate LC Exposure shall not exceed the LC Sublimit and (D) the aggregate Dollar Equivalent of the face amount of Letters of Credit issued by any Issuing Bank shall not exceed such Issuing Bank’s pro rata share (based upon its RC Facility Commitments) of the LC Sublimit (unless otherwise agreed by such Issuing Bank and including as set forth on Schedule 2.01(b)). No Issuing Bank shall be under any obligation to issue any Letter of Credit if (1) any order, judgment or decree of any Governmental Authority or arbitrator shall enjoin or restrain such Issuing Bank from issuing the Letter of Credit, or any law applicable to such Issuing Bank or any directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over such Issuing Bank shall prohibit the issuance of letters of credit generally or the Letter of Credit in particular, (2) any RC Facility Lender is at that time a Defaulting Lender, if after giving effect to Section 2.22(a)(iv), any Defaulting Lender Fronting Exposure remains outstanding, unless such Issuing Bank has entered into arrangements, including the delivery of Cash Collateral, reasonably satisfactory to such Issuing Bank with the Borrower or such Lender to eliminate such Issuing Bank’s Defaulting Lender Fronting Exposure arising from either the Letter of Credit then proposed to be issued or such Letter of Credit and all other LC Exposure as to which such Issuing Bank has Defaulting Lender Fronting Exposure, (3) subject to Section 2.04(i), below, if such Letter of Credit is not a standby letter of credit, unless such Issuing Bank has consented to the issuance thereof by it or (4) the issuance of such Letter of Credit would violate the policies of such Issuing Bank applicable to letters of credit in general.

Issuance, Amendment, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment or extension of an outstanding Letter of Credit), the Borrower shall notify the Administrative Agent of such request by delivery (deliver in writing by hand delivery, delivery or facsimile or other electronic transmission) of a written Letter of Credit Request (or telephonic notice promptly confirmed thereafter transmit by delivery of a written Letter of Credit Requestelectronic communication, if arrangements for doing so have been approved by the recipient) to the applicable Issuing Bank and the Administrative Agent (at least three Business Days before the requested date of issuance, amendment or extension (or such shorter period as the applicable Issuing Bank and the Administrative Agent may agree), (i) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended or extended extended, and (ii) specifying (1) the date of issuance, amendment or extension (which shall be a Business Day), (2) the date on which such Letter of Credit is to expire (which shall comply with clause paragraph (d) of this Section 2.04Section), (3) the amount and currency of such Letter of Credit, (4) the name and address of the beneficiary thereof and (5) such other information as shall be necessary to prepare, amend or extend such Letter of Credit. If requested by the applicable Issuing Bank, the Borrower also shall submit a letter of credit application on such Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended (other than an amendment in respect of a then outstanding Letter of Credit that does not increase the available amount thereof) or extended only if (and upon issuance, amendment (other than an amendment in respect of a then outstanding Letter of Credit that does not increase the available amount thereof) or extension of any Letter of Credit the Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment (other than an amendment in respect of a then outstanding Letter of Credit that does not increase the available amount thereof) or extension, (Ai) subject to Section 9.04(b)(ii), the Applicable Fronting Exposure of each Issuing Bank shall not exceed its Applicable Percentage of the Letter of Credit Sublimit, (ii) the aggregate RC Facility Revolving Exposures shall not exceed the aggregate RC Facility Commitments, Revolving Commitments and (B) the aggregate RC Facility Exposure of any Issuing Bank shall not exceed such Issuing Bank’s RC Facility Commitment, (Ciii) the aggregate LC Exposure shall not exceed the LC Sublimit and (D) the aggregate Dollar Equivalent of the face amount of Letters Letter of Credit issued by any Issuing Bank shall not exceed such Issuing Bank’s pro rata share (based upon its RC Facility Commitments) of the LC Sublimit (unless otherwise agreed by such Issuing Bank and including as set forth on Schedule 2.01(b))Sublimit. No Issuing Bank shall be under any obligation to issue any Letter of Credit (i) if (1) any order, judgment or decree of any Governmental Authority or arbitrator shall enjoin or restrain such Issuing Bank from issuing the Letter of Credit, or any law applicable to such Issuing Bank or any directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over such Issuing Bank shall prohibit the issuance of letters of credit generally or the such Letter of Credit in particularparticular or shall impose upon such Issuing Bank with respect to such Letter of Credit any restriction, reserve, liquidity or capital requirement (for which such Issuing Bank is not otherwise compensated hereunder) not in effect on the Effective Date, or shall impose upon such Issuing Bank any unreimbursed loss, cost or expense which was not applicable on the Effective Date and which such Issuing Bank in good xxxxx xxxxx material to it, (2ii) if any RC Facility Lender is at that time a Defaulting Lender, if after giving effect to Section 2.22(a)(iv), any Defaulting Lender Fronting Exposure remains outstanding, unless such Issuing Bank has entered into arrangements, including the delivery of Cash Collateral, arrangements reasonably satisfactory to such Issuing Bank with the Borrower or such Lender Lender, including the delivery of cash collateral in accordance with Section 2.05(j) (including the amount of cash collateral to be delivered), to eliminate such Issuing Bank’s Defaulting Lender Fronting Exposure arising from either the Letter of Credit then proposed to be issued or such Letter of Credit and all any other LC Exposure as to which such Issuing Bank has Defaulting Lender Fronting Exposure, (3iii) subject to Section 2.04(i), below, if such that is a commercial Letter of Credit is not a standby letter of creditCredit, unless without such Issuing Bank has consented to the issuance thereof by it Bank’s consent, or (4iv) if the issuance of such Letter of Credit would violate the one or more policies or procedures of such Issuing Bank applicable to letters of credit in generalBank.

Issuance, Amendment, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment or extension of an outstanding Letter of Credit), the applicable Borrower shall notify the Administrative Agent of such request by delivery (by hand delivery, facsimile or other electronic transmission) of a written Letter of Credit Request (or telephonic notice promptly confirmed thereafter by delivery of a written Letter of Credit Request) to the applicable Issuing Bank and the Administrative Agent at least three Business Days before the requested date of issuance, amendment or extension (or such shorter period as the applicable Issuing Bank and the Administrative Agent may agree), (i) requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended or extended and (ii) specifying (1) the date of issuance, amendment or extension (which shall be a Business Day), (2) the date on which such Letter of Credit is to expire (which shall comply with clause (d) of this Section 2.04), (3) the amount and currency of such Letter of Credit, (4) the name and address of the beneficiary thereof and (5) such other information as shall be necessary to prepare, amend or extend such Letter of Credit. If requested by the applicable Issuing Bank, the applicable Borrower also shall submit a letter of credit application on such Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended (other than an amendment in respect of a then outstanding Letter of Credit that does not increase the available amount thereof) or extended only if (and upon issuance, amendment (other than an amendment in respect of a then outstanding Letter of Credit that does not increase the available amount thereof) or extension of any Letter of Credit the applicable Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment (other than an amendment in respect of a then outstanding Letter of Credit that does not increase the available amount thereof) or extension, (A) the aggregate RC Facility Exposures shall not exceed the aggregate RC Facility CommitmentsAvailability Conditions are satisfied, (B) the aggregate RC Facility Exposure of any Issuing Bank shall not exceed such Issuing Bank’s RC Facility Commitment[reserved], (C) the aggregate LC Exposure shall not exceed the LC Sublimit and (D) the aggregate Dollar Equivalent of the face amount of Letters of Credit issued by any Issuing Bank shall not exceed such Issuing Bank’s pro rata share (based upon its RC Facility Commitments) of the Specified LC Sublimit (unless otherwise agreed by such Issuing Bank and including as set forth on Schedule 2.01(b)Bank). No Issuing Bank shall be under any obligation to issue any Letter of Credit if (1) any order, judgment or decree of any Governmental Authority or arbitrator shall enjoin or restrain such Issuing Bank from issuing the Letter of Credit, or any law applicable to such Issuing Bank or any directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over such Issuing Bank shall prohibit the issuance of letters of credit generally or the Letter of Credit in particular, (2) any RC Facility Lender is at that time a Defaulting Lender, if after giving effect to Section 2.22(a)(iv), any Defaulting Lender Fronting Exposure remains outstanding, unless such Issuing Bank has entered into arrangements, including the delivery of Cash Collateral, reasonably satisfactory to such Issuing Bank with the Borrower Borrowers or such Lender to eliminate such Issuing Bank’s Defaulting Lender Fronting Exposure arising from either the Letter of Credit then proposed to be issued or such Letter of Credit and all other LC Exposure as to which such Issuing Bank has Defaulting Lender Fronting Exposure, (3) subject to Section 2.04(i), below, if such Letter of Credit is not a standby letter of credit, unless such Issuing Bank has consented to the issuance thereof by it or (4) the issuance of such Letter of Credit would violate the policies of such Issuing Bank applicable to letters of credit in general.

Issuance, Amendment, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment or extension of an outstanding Letter of Credit), the Borrower shall notify the Administrative Agent of such request by delivery (deliver in writing by hand delivery, delivery or facsimile or other electronic transmission) of a written Letter of Credit Request (or telephonic notice promptly confirmed thereafter transmit by delivery of a written Letter of Credit Requestelectronic communication, if arrangements for doing so have been approved by the recipient) to the applicable Issuing Bank and the Administrative Agent (at least three five Business Days before the requested date of issuance, amendment or extension (or such shorter period as the applicable Issuing Bank and the Administrative Agent may agree), (i) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended amended, renewed or extended extended, and (ii) specifying (1) the date of issuance, amendment or extension (which shall be a Business Day), (2) the date on which such Letter of Credit is to expire (which shall comply with clause paragraph (d) of this Section 2.04Section), (3) the amount and currency of such Letter of Credit, (4) the name and address of the beneficiary thereof and (5) such other information as shall be necessary to prepare, amend amend, renew or extend such Letter of Credit. If requested by the applicable Issuing Bank, the Borrower also shall submit a letter Letter of credit application Credit Application on such Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended (other than an amendment in respect of a then outstanding Letter of Credit that does not increase the available amount thereof) amended, renewed or extended only if (and upon issuance, amendment (other than an amendment in respect of a then outstanding Letter of Credit that does not increase the available amount thereof) or extension of any Letter of Credit the Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment (other than an amendment in respect of a then outstanding Letter of Credit that does not increase the available amount thereof) or extension, (Ai) the Applicable Fronting Exposure of each Issuing Bank shall not exceed its Revolving Commitment, (ii) the aggregate RC Facility Revolving Exposures shall not exceed the aggregate RC Facility Commitments, Revolving Commitments and (B) the aggregate RC Facility Exposure of any Issuing Bank shall not exceed such Issuing Bank’s RC Facility Commitment, (Ciii) the aggregate LC Exposure shall not exceed the LC Sublimit and (D) the aggregate Dollar Equivalent of the face amount of Letters Letter of Credit issued by any Issuing Bank shall not exceed such Issuing Bank’s pro rata share (based upon its RC Facility Commitments) of the LC Sublimit (unless otherwise agreed by such Issuing Bank and including as set forth on Schedule 2.01(b))Sublimit. No Issuing Bank shall be under any obligation to issue any Letter of Credit if (1i) any order, judgment or decree of any Governmental Authority or arbitrator shall enjoin or restrain such Issuing Bank from issuing the Letter of Credit, or any law applicable to such Issuing Bank or any directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over such Issuing Bank shall prohibit the issuance of letters of credit generally or the Letter of Credit in particularparticular or shall impose upon such Issuing Bank with respect to the Letter of Credit any restriction, reserve or capital requirement (for which such Issuing Bank is not otherwise compensated hereunder) not in effect on the Effective Date, or shall impose upon such Issuing Bank any unreimbursed loss, cost or expense which was not applicable on the Effective Date and which such Issuing Bank in good xxxxx xxxxx material to it, (2ii) except as otherwise agreed by the Administrative Agent and the such Issuing Bank, the Letter of Credit is in an initial stated amount less than $500,000, in the case of a commercial Letter of Credit, or $100,000, in the case of a standby Letter of Credit, (iii) the issuance of such Letter of Credit would violate one or more policies of the Issuing Bank applicable to letters of credit generally or (iv) any RC Facility Lender is at that time a Defaulting Lender, if after giving effect to Section 2.22(a)(iv), any Defaulting Lender Fronting Exposure remains outstanding, unless such Issuing Bank has entered into arrangements, including the delivery of Cash Collateralcash collateral, reasonably satisfactory to such Issuing Bank with the Borrower or such Lender to eliminate such Issuing Bank’s Defaulting Lender Fronting Exposure arising from either the Letter of Credit then proposed to be issued or such Letter of Credit and all other LC Exposure as to which such Issuing Bank has Defaulting Lender Fronting Exposure, (3) subject to Section 2.04(i), below, if such Letter of Credit is not a standby letter of credit, unless such Issuing Bank has consented to the issuance thereof by it or (4) the issuance of such Letter of Credit would violate the policies of such Issuing Bank applicable to letters of credit in general.

Issuance, Amendment, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment or extension of an outstanding Letter of Credit), the Borrower shall notify the Administrative Agent of such request by delivery (deliver in writing by hand delivery, delivery or facsimile or other electronic transmission) of a written Letter of Credit Request (or telephonic notice promptly confirmed thereafter transmit by delivery of a written Letter of Credit Requestelectronic communication, if arrangements for doing so have been approved by the recipient) to the applicable Issuing Bank and the Administrative Agent (at least three Business Days before the requested date of issuance, amendment or extension (or such shorter period as the applicable Issuing Bank and the Administrative Agent may agree), (i) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended or extended extended, and (ii) specifying (1) the date of issuance, amendment or extension extension, as the case may be (which shall be a Business Day), (2) the date on which such Letter of Credit is to expire (which shall comply with clause paragraph (d) of this Section 2.042.05), (3) the amount and currency of such Letter of Credit, (4) the name and address of the beneficiary thereof and (5) such other information as shall be necessary to prepare, amend or extend such Letter of Credit. If requested by the applicable Issuing Bank, the Borrower also shall submit a letter of credit application on such Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended (other than an amendment in respect of a then outstanding Letter of Credit that does not increase the available amount thereof) or extended only if (and upon issuance, amendment (other than an amendment in respect of a then outstanding Letter of Credit that does not increase the available amount thereof) or extension of any Letter of Credit the Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment (other than an amendment in respect of a then outstanding Letter of Credit that does not increase the available amount thereof) or extension, (Ai) subject to Section 9.04(b)(ii), the Applicable Fronting Exposure of each Issuing Bank shall not exceed its Applicable Percentage of the Letter of Credit Sublimit, (ii)(x) the aggregate RC Facility Revolving Exposures shall not exceed the aggregate RC Facility Commitments, Revolving Commitments and (By) the aggregate RC Facility no Issuing Bank’s Revolving Exposure of any Issuing Bank shall not exceed such Issuing Bank’s RC Facility Revolving Commitment, and (Ciii) the aggregate LC Exposure shall not exceed the LC Sublimit and (D) the aggregate Dollar Equivalent of the face amount of Letters Letter of Credit issued by any Issuing Bank shall not exceed such Issuing Bank’s pro rata share (based upon its RC Facility Commitments) of the LC Sublimit (unless otherwise agreed by such Issuing Bank and including as set forth on Schedule 2.01(b))Sublimit. No Issuing Bank shall be under any obligation to issue any Letter of Credit (A) if (1) any order, judgment or decree of any Governmental Authority or arbitrator shall enjoin or restrain such Issuing Bank from issuing the Letter of Credit, or any law Requirement of Law applicable to such Issuing Bank or any directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over such Issuing Bank shall prohibit the issuance of letters of credit generally or the such Letter of Credit in particularparticular or shall impose upon such Issuing Bank with respect to such Letter of Credit any restriction, reserve, liquidity or capital requirement (for which such Issuing Bank is not otherwise compensated hereunder) not in effect on the Effective Date, or shall impose upon such Issuing Bank any unreimbursed loss, cost or expense which was not applicable on the Effective Date and which such Issuing Bank in good xxxxx xxxxx material to it, (B) if the proceeds of such Letter of Credit would be made available to any Person (1) to fund any activity or business of or with any Sanctioned Person or in any Sanctioned Country, that, at the time of such funding, is the subject of any Sanctions or (2) in any RC Facility manner that would result in a violation of any Sanctions by any party to this Agreement, (C) if, except as otherwise agreed by the Administrative Agent and such Issuing Bank, such Letter of Credit is in an initial stated amount less than $50,000, (D) if any Lender is at that time a Defaulting Lender, if after giving effect to Section 2.22(a)(iv), any Defaulting Lender Fronting Exposure remains outstanding, unless such Issuing Bank has entered into arrangements, including the delivery of Cash Collateral, arrangements reasonably satisfactory to such Issuing Bank with the Borrower or such Lender Lender, including the delivery of cash collateral in accordance with Section 2.05(j) (including the amount of cash collateral to be delivered), to eliminate such Issuing Bank’s Defaulting Lender Fronting Exposure arising from either the Letter of Credit then proposed to be issued or such Letter of Credit and all any other LC Exposure as to which such Issuing Bank has Defaulting Lender Fronting Exposure, (3E) subject to Section 2.04(i), below, if such that is a commercial Letter of Credit is not a standby letter of creditCredit, unless without such Issuing Bank has consented to the issuance thereof by it Bank’s consent or (4F) if the issuance of such Letter of Credit would violate the one or more policies of such Issuing Bank applicable to letters of credit in generalBank.

Issuance, Amendment, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment or extension of an outstanding Letter of Credit), the Borrower shall notify the Administrative Agent of such request by delivery (by hand delivery, facsimile or other electronic transmission) of a written Letter of Credit Request (or telephonic notice promptly confirmed thereafter by delivery of a written Letter of Credit Request) deliver in writing to the applicable Issuing Bank and the Administrative Agent (at least three Business Days before the requested date of issuance, amendment or extension (or such shorter period as the applicable Issuing Bank and the Administrative Agent may agree), (i) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended or extended extended, and (ii) specifying (1) the date of issuance, amendment or extension (which shall be a Business Day), (2) the date on which such Letter of Credit is to expire (which shall comply with clause paragraph (d) of this Section 2.04Section), (3) the amount and currency of such Letter of Credit, (4) the name and address of the beneficiary thereof and (5) such other information as shall be necessary to prepare, amend or extend such Letter of Credit. If requested by the applicable Issuing Bank, the Borrower also shall submit a letter of credit application on such Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended (other than an amendment in respect of a then outstanding Letter of Credit that does not increase the available amount thereof) or extended only if (and upon issuance, amendment (other than an amendment in respect of a then outstanding Letter of Credit that does not increase the available amount thereof) or extension of any Letter of Credit the Borrower shall be deemed to represent and warrant that)if, after giving effect to such issuance, amendment (other than an amendment in respect of a then outstanding Letter of Credit that does not increase the available amount thereof) or extension, (Ai) subject to Section 9.04(b)(ii), the Applicable Fronting Exposure of each Issuing Bank shall not exceed its Applicable Percentage of the Letter of Credit Sublimit, (ii)(x) the aggregate RC Facility Revolving Exposures shall not exceed the aggregate RC Facility Commitments, Revolving Commitments and (By) the aggregate RC Facility no Issuing Bank’s Revolving Exposure of any Issuing Bank shall not exceed such Issuing Bank’s RC Facility Commitment, Revolving Commitment and (Ciii) the aggregate LC Exposure shall not exceed the LC Sublimit and (D) the aggregate Dollar Equivalent of the face amount of Letters Letter of Credit issued by any Issuing Bank shall not exceed such Issuing Bank’s pro rata share (based upon its RC Facility Commitments) of the LC Sublimit (unless otherwise agreed by such Issuing Bank and including as set forth on Schedule 2.01(b))Sublimit. No Issuing Bank shall be under any obligation to issue any Letter of Credit (i) if (1) any order, judgment or decree of any Governmental Authority or arbitrator shall enjoin or restrain such Issuing Bank from issuing the Letter of Credit, or any law applicable to such Issuing Bank or any directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over such Issuing Bank shall prohibit the issuance of letters of credit generally or the such Letter of Credit in particularparticular or shall impose upon such Issuing Bank with respect to such Letter of Credit any restriction, reserve, liquidity or capital requirement (for which such Issuing Bank is not otherwise compensated hereunder) not in effect on the Effective Date, or shall impose upon such Issuing Bank any unreimbursed loss, cost or expense which was not applicable on the Effective Date and which such Issuing Bank in good xxxxx xxxxx material to it, (2ii) if any RC Facility Lender is at that time a Defaulting Lender, if after giving effect to Section 2.22(a)(iv), any Defaulting Lender Fronting Exposure remains outstanding, unless such Issuing Bank has entered into arrangements, including the delivery of Cash Collateral, arrangements reasonably satisfactory to such Issuing Bank with the Borrower or such Lender Lender, including the provision of Cash Collateral in accordance with Section 2.05(j) (including, subject to the limitations set forth in Section 2.05(j), the amount of Cash Collateral to be delivered), to eliminate such Issuing Bank’s Defaulting Lender Fronting Exposure arising from either the Letter of Credit then proposed to be issued or such Letter of Credit and all any other LC Exposure as to which such Issuing Bank has Defaulting Lender Fronting Exposure, (3iii) subject to Section 2.04(i), below, if such that is a commercial Letter of Credit is not a standby letter of credit, unless such Issuing Bank has consented to the issuance thereof by it or (4iv) if the issuance of such Letter of Credit would violate the one or more policies of such Issuing Bank generally applicable to the issuance of letters of credit in generalcredit.

Issuance, Amendment, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment or extension of an outstanding Letter of Credit), the Borrower shall notify the Administrative Agent of such request by delivery (deliver in writing by hand delivery, delivery or facsimile or other electronic transmission) of a written Letter of Credit Request (or telephonic notice promptly confirmed thereafter transmit by delivery of a written Letter of Credit Requestelectronic communication, if arrangements for doing so have been approved by the recipient) to the applicable Issuing Bank and the Administrative Agent (at least three five Business Days before the requested date of issuance, amendment or extension (or such shorter period as the applicable Issuing Bank and the Administrative Agent may agree), (i) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended amended, renewed or extended extended, and (ii) specifying (1) the date of issuance, amendment or extension (which shall be a Business Day), (2) the date on which such Letter of Credit is to expire (which shall comply with clause paragraph (d) of this Section 2.04Section), (3) the amount and currency of such Letter of Credit, (4) the name and address of the beneficiary thereof and (5) such other information as shall be necessary to prepare, amend amend, renew or extend such Letter of Credit. If requested by the applicable Issuing Bank, the Borrower also shall submit a letter Letter of credit application Credit Application on such Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended (other than an amendment in respect of a then outstanding Letter of Credit that does not increase the available amount thereof) amended, renewed or extended only if (and upon issuance, amendment (other than an amendment in respect of a then outstanding Letter of Credit that does not increase the available amount thereof) or extension of any Letter of Credit the Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment (other than an amendment in respect of a then outstanding Letter of Credit that does not increase the available amount thereof) or extension, (Ai) the U.S. Applicable Fronting Exposure of each Issuing Bank shall not exceed its U.S. Revolving Commitment, (ii) the Sterling Applicable Fronting Exposure of each Issuing Bank shall not exceed its Sterling Revolving Commitment (iii) the aggregate RC Facility U.S. Revolving Exposures shall not exceed the aggregate RC Facility U.S. Revolving Commitments, (Biv) the aggregate RC Facility Exposure of any Issuing Bank Sterling Revolving Exposures shall not exceed such Issuing Bank’s RC Facility Commitmentthe aggregate Sterling Revolving Commitments, (Cv) the aggregate U.S. LC Exposure shall not exceed the LC U.S. Letter of Credit Sublimit, (vi) the aggregate Xxxxxxxx XX Exposure shall not exceed the Sterling Letter of Credit Sublimit and (Dvii) the aggregate Dollar Equivalent of the face amount of Letters of Credit issued by any Issuing Bank shall not exceed such Issuing Bank’s pro rata share (based upon its RC Facility Commitments) of the LC Sublimit (unless otherwise agreed by such Issuing Bank and including as conditions set forth on Schedule 2.01(b))in Section 4.02 have been satisfied. No Issuing Bank shall be under any obligation to issue any Letter of Credit if (1i) any order, judgment or decree of any Governmental Authority or arbitrator shall enjoin or restrain such Issuing Bank from issuing the Letter of Credit, or any law applicable to such Issuing Bank or any directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over such Issuing Bank shall prohibit the issuance of letters of credit generally or the Letter of Credit in particularparticular or shall impose upon such Issuing Bank with respect to the Letter of Credit any restriction, reserve or capital requirement (for which such Issuing Bank is not otherwise compensated hereunder) not in effect on the Effective Date, or shall impose upon such Issuing Bank any unreimbursed loss, cost or expense which was not applicable on the Effective Date and which such Issuing Bank in good xxxxx xxxxx material to it, (2ii) except as otherwise agreed by the Administrative Agent and the such Issuing Bank, the Letter of Credit is in an initial stated amount less than the Dollar Equivalent of $500,000, in the case of a commercial Letter of Credit, or the Dollar Equivalent $100,000, in the case of a standby Letter of Credit, (iii) the issuance of such Letter of Credit would violate one or more policies of the Issuing Bank applicable to letters of credit generally or (iv) any RC Facility Lender is at that time a Defaulting Lender, if after giving effect to Section 2.22(a)(iv), any Defaulting Lender Fronting Exposure remains outstanding, unless such Issuing Bank has entered into arrangements, including the delivery of Cash Collateralcash collateral, reasonably satisfactory to such Issuing Bank with the Borrower or such Lender to eliminate such Issuing Bank’s Defaulting Lender Fronting Exposure arising from either the Letter of Credit then proposed to be issued or such Letter of Credit and all other LC Exposure as to which such Issuing Bank has Defaulting Lender Fronting Exposure, (3) subject to Section 2.04(i), below, if such Letter of Credit is not a standby letter of credit, unless such Issuing Bank has consented to the issuance thereof by it or (4) the issuance of such Letter of Credit would violate the policies of such Issuing Bank applicable to letters of credit in general.