Common use of Issuance; Existing Letters of Credit Clause in Contracts

Issuance; Existing Letters of Credit. Subject to and upon the terms and conditions herein set forth, so long as no Default or Event of Default has occurred and is continuing, each Issuing Lender agrees to, at any time and from time to time on and after the Restatement Effective Date and prior to the earlier of (i) the fifth Business Day prior to the Maturity Date and (ii) the Termination Date, and upon request by the Borrower in accordance with the provisions of Section 3.2, issue for the account of the Borrower one or more irrevocable standby letters of credit denominated in Dollars and in a form customarily used or otherwise approved by the applicable Issuing Lender (together with all amendments, modifications and supplements thereto, substitutions therefor and renewals and restatements thereof, collectively, the “Letters of Credit”). By their execution of this Agreement, the Borrower, Xxxxx Fargo, and the Lenders hereby agree that effective as of the Restatement Effective Date (i) the letters of credit listed on Schedule 3.1 (the “Existing Letters of Credit”) shall be Letters of Credit under this Agreement and subject to the terms hereof, (ii) Xxxxx Fargo shall be the Issuing Lender hereunder with respect to the Existing Letters of Credit, and (iii) the applicable provisions of the Existing Credit Agreement with respect to the Existing Letters of Credit are replaced by this Agreement. The Stated Amount of each Letter of Credit shall not be less than $100,000 unless such amount is acceptable to the applicable Issuing Lender. Notwithstanding the foregoing:

Issuance; Existing Letters of Credit. Subject to and upon the terms and conditions herein set forth, so long as no Default or Event of Default has occurred and is continuing, each the Issuing Lender agrees towill, at any time and from time to time on and after the Restatement Effective Date and prior to the earlier of (i) the fifth Business Day seventh day prior to the Maturity Date and (ii) the Termination Date, and upon request by the Borrower in accordance with the provisions of Section 3.2, issue for the account of the Borrower one or more irrevocable standby letters of credit denominated in Dollars and in a form customarily used or otherwise approved by the applicable Issuing Lender (together with all amendments, modifications and supplements thereto, substitutions therefor and renewals and restatements thereof, collectively, the “Letters of Credit”). By their execution of this Agreement, the Borrower, Xxxxx Fargo, and the Lenders hereby agree that effective as of the Restatement Effective Date (i) the letters of credit listed on Schedule 3.1 (the “Existing Letters of Credit”) shall be Letters of Credit under this Agreement and subject to the terms hereof, (ii) Xxxxx Fargo shall be the Issuing Lender hereunder with respect to the Existing Letters of Credit, and (iii) the applicable provisions of the Existing Credit Agreement with respect to the Existing Letters of Credit are replaced by this Agreement. The Stated Amount of each Letter of Credit shall not be less than $100,000 unless such amount is acceptable to the applicable Issuing Lender. Notwithstanding the foregoing:

Issuance; Existing Letters of Credit. Subject to and upon the terms and conditions herein set forth, so long as no Default or Event of Default has occurred and is continuing, each the Issuing Lender agrees towill, at any time and from time to time on and after the Restatement Effective Closing Date and prior to the earlier of (i) the fifth Business Day seventh day prior to the Maturity Date and (ii) the Termination Date, and upon request by the Borrower in accordance with the provisions of Section 3.2, issue for the account of the Borrower one or more irrevocable standby letters of credit denominated in Dollars and in a form customarily used or otherwise approved by the applicable Issuing Lender (together with all amendments, modifications and supplements thereto, substitutions therefor and renewals and restatements thereof, collectively, the “Letters of Credit”). By their execution of this Agreement, the Borrower, Xxxxx FargoWachovia, and the Lenders hereby agree that effective as of the Restatement Effective Closing Date (i) the letters of credit listed on Schedule 3.1 (the “Existing Letters of Credit”) shall be Letters of Credit under this Agreement and subject to the terms hereof, (ii) Xxxxx Fargo Wachovia shall be the Issuing Lender hereunder with respect to the Existing Letters of Credit, and (iii) the applicable provisions of the Existing Credit Agreement Terminating Senior Indebtedness with respect to the Existing Letters of Credit are replaced by this Agreement. The Stated Amount of each Letter of Credit shall not be less than $100,000 unless such amount is acceptable to the applicable Issuing Lender. Notwithstanding the foregoing:

Issuance; Existing Letters of Credit. Subject to and upon the terms and conditions herein set forth, so long as no Default or Event of Default has occurred and is continuing, each the Issuing Lender agrees towill, at any time and from time to time on and after the Restatement Effective Date and prior to the earlier of (i) the fifth Business Day seventh day prior to the Maturity Date and (ii) the Termination Date, and upon request by the Borrower in accordance with the provisions of Section 3.2, issue for the account of the Borrower one or more irrevocable standby letters of credit denominated in Dollars and in a form customarily used or otherwise approved by the applicable Issuing Lender (together with all amendments, modifications and supplements thereto, substitutions therefor and renewals and restatements thereof, collectively, the “Letters of Credit”). By their execution of this Agreement, the Borrower, Xxxxx FargoWachovia, and the Lenders hereby agree that effective as of the Restatement Effective Date (i) the letters of credit listed on Schedule 3.1 (the “Existing Letters of Credit”) shall be Letters of Credit under this Agreement and subject to the terms hereof, (ii) Xxxxx Fargo Wachovia shall be the Issuing Lender hereunder with respect to the Existing Letters of Credit, and (iii) the applicable provisions of the Existing Credit Agreement with respect to the Existing Letters of Credit are replaced by this Agreement. The Stated Amount of each Letter of Credit shall not be less than $100,000 unless such amount is acceptable to the applicable Issuing Lender. Notwithstanding the foregoing: