Common use of Issuance Request Clause in Contracts

Issuance Request. By delivering to the Administrative Agent and the Issuing Bank an Issuance Request at or before 12:00 noon, Toronto, Canada time, Celestica may request, from time to time prior to the Maturity Date and on not less than three (3) nor more than ten (10) Banking Days’ notice, that the Issuing Bank issue an irrevocable standby letter of credit or letter of guarantee in such form as may be requested by Celestica and approved by the Issuing Bank (each a “Letter of Credit”) in support of financial obligations of Celestica or a Restricted Subsidiary incurred in Celestica’s or such Restricted Subsidiary’s ordinary course of business and which are described in such Issuance Request, provided that, if the form of the letter of credit requested by Celestica is in a language other than English, Celestica shall provide to the Administrative Agent and the Issuing Bank not less than ten (10) nor more than twenty (20) Banking Days’ notice. Upon receipt of an Issuance Request, the Administrative Agent shall, within twenty (20) days of the receipt thereof, notify the Canadian Lenders thereof. Each Letter of Credit shall, by its terms: (a) be issued in a Face Amount which when aggregated with the Face Amounts of all other outstanding Letters of Credit does not exceed (or would not, upon its issuance, exceed) the then Letter of Credit Availability; (b) be stated to expire on a date (its “Stated Expiry Date”) not later than one year from the Maturity Date; and (c) on or prior to its Stated Expiry Date: (i) terminate immediately upon notice to the Issuing Bank thereof from the beneficiary thereunder that all obligations covered thereby have been terminated, paid or otherwise satisfied in full, and (ii) reduce, in part, immediately and to the extent that the beneficiary thereunder has notified the Issuing Bank thereof that the obligations covered thereby have been paid or otherwise satisfied in part. Celestica may request Letters of Credit to be denominated in Canadian Dollars, in United States Dollars, and in Pounds Sterling or, if the Issuing Bank in its sole and absolute discretion agrees, in Euros or such other currency as Celestica may request in the Issuance Request. In the event that the currency in which a Letter of Credit is expressed to be drawn is a currency other than United States Dollars or Canadian Dollars, for the purposes of determining whether the Face Amount of all outstanding Letters of Credit exceeds (or would, upon its issuance, exceed) the Letter of Credit Availability, the Face Amount payable under such Letter of Credit shall be deemed to be the Equivalent Amount in United States Dollars of such other currency on the date of such determination. The provisions of Section 6.2 shall apply to Letters of Credit issued contemporaneously on the first Drawdown Date and, thereafter, Section 6.3 (with the exception of Section 6.3(a)) shall apply at the time of issuance of any Letter of Credit as if such issuance were a Drawdown.

Appears in 2 contracts

Samples: Credit Agreement (Celestica Inc), Revolving Term Credit Agreement (Celestica Inc)

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Issuance Request. By delivering to the Administrative Agent and the Issuing Bank an Issuance Request at or before 12:00 noon, Toronto, Canada time, Celestica may request, from time to time prior to the Maturity Date and on not less than three (3) nor more than ten (10) Banking Days’ notice, that the Issuing Bank issue an irrevocable standby letter of credit or letter of guarantee in such form as may be requested by Celestica and approved by the Issuing Bank (each a “Letter of Credit”) in support of financial obligations of Celestica or a Restricted Subsidiary incurred in Celestica’s or such Restricted Subsidiary’s ordinary course of business and which are described in such Issuance Request, provided that, if the form of the letter of credit requested by Celestica is in a language other than English, Celestica shall provide to the Administrative Agent and the Issuing Bank not less than ten (10) nor more than twenty (20) Banking Days’ Days notice. Upon receipt of an Issuance Request, the Administrative Agent shall, within twenty (20) days of the receipt thereof, notify the Canadian Lenders thereof. Each Letter of Credit shall, by its terms: (a) be issued in a Face Amount which when aggregated with the Face Amounts of all other outstanding Letters of Credit does not exceed (or would not, upon its issuance, exceed) the then Letter of Credit Availability; (b) be stated to expire on a date (its “Stated Expiry Date”) not later than one year from the Maturity Date; and (c) on or prior to its Stated Expiry Date: (i) terminate immediately upon notice to the Issuing Bank thereof from the beneficiary thereunder that all obligations covered thereby have been terminated, paid or otherwise satisfied in full, and (ii) reduce, in part, immediately and to the extent that the beneficiary thereunder has notified the Issuing Bank thereof that the obligations covered thereby have been paid or otherwise satisfied in part. Celestica may request Letters of Credit to be denominated in Canadian Dollars, in United States Dollars, and in Pounds Sterling or, if the Issuing Bank in its sole and absolute discretion agrees, in Euros or such other currency as Celestica may request in the Issuance Request. In the event that the currency in which a Letter of Credit is expressed to be drawn is a currency other than United States Dollars or Canadian Dollars, for the purposes of determining whether the Face Amount of all outstanding Letters of Credit exceeds (or would, upon its issuance, exceed) the Letter of Credit Availability, the Face Amount payable under such Letter of Credit shall be deemed to be the Equivalent Amount in United States Dollars of such other currency on the date of such determination. The provisions of Section 6.2 shall apply to Letters of Credit issued contemporaneously on the first Drawdown Date and, thereafter, Section 6.3 (with the exception of Section 6.3(a)) shall apply at the time of issuance of any Letter of Credit as if such issuance were a Drawdown.

Appears in 2 contracts

Samples: Revolving Term Credit Agreement (Celestica Inc), Revolving Term Credit Agreement (Celestica Inc)

Issuance Request. By delivering to the Administrative Canadian Facility Agent and the Issuing Bank an Issuance Request at or before 12:00 noon, Toronto, Canada Toronto time, Celestica may request, from time to time prior to the Maturity Conversion Date and on not less than three (3) nor more than ten (10) Banking Days' notice, that the Issuing Bank issue an irrevocable standby letter of credit or letter of guarantee in such form as may be requested by Celestica and approved by the Issuing Bank (each a "Letter of Credit") in support of financial obligations of Celestica or a Restricted Subsidiary incurred in Celestica’s or such Restricted Subsidiary’s 's ordinary course of business and which are described in such Issuance Request, provided that, if the form of the letter of credit requested by Celestica such Borrower is in a language other than English, Celestica shall provide to the Administrative Canadian Facility Agent and the Issuing Bank not less than ten (10) nor more than twenty (20) Banking Days’ Days notice. Upon receipt of an Issuance Request, the Administrative Canadian Facility Agent shall, within twenty (20) days of the receipt thereof, notify the Canadian Lenders thereof. Each Letter of Credit shall, by its terms: (a) be issued in a Face Amount which when aggregated with the Face Amounts of all other outstanding Letters of Credit does not exceed (or would not, upon its issuance, exceed) the then Letter of Credit Availability; (b) be stated to expire on a date (its "Stated Expiry Date") not later than one year the earlier of two years from its date of issuance and the Final Maturity Date; and (c) on or prior to its Stated Expiry Date: (i) terminate immediately upon notice to the Issuing Bank thereof from the beneficiary thereunder that all obligations covered thereby have been terminated, paid or otherwise satisfied in full, and (ii) reduce, in part, immediately and to the extent that the beneficiary thereunder has notified the Issuing Bank thereof that the obligations covered thereby have been paid or otherwise satisfied in part. Celestica may request Letters of Credit to be denominated in Canadian Dollars, in United States Dollars, and in Pounds Sterling or, if or in such Freely Tradeable European Currency (other than Pounds Sterling) as the Issuing Bank Bank, in its sole and absolute discretion agreesdiscretion, in Euros or such other currency as Celestica may request in the Issuance Request. In the event that the currency in which a Letter of Credit is expressed to be drawn is a currency other than United States Dollars or Canadian Dollars, for the purposes of determining whether the Face Amount of all outstanding Letters of Credit exceeds (or would, upon its issuance, exceed) the Letter of Credit Availability, the Face Amount payable under such Letter of Credit shall be deemed to be the Equivalent Amount in United States Dollars of such other currency on the date of such determinationagree. The provisions of Section 6.2 6.1 (with the exception of 6.1(h)) shall apply to Letters of Credit issued contemporaneously on the first Drawdown Date and, thereafter, Section 6.3 6.2 (with the exception of Section 6.3(a6.2(a)) shall apply at the time of issuance of any Letter of Credit as if such issuance were a Drawdown.

Appears in 1 contract

Samples: Revolving Term Credit Agreement (Celestica Inc)

Issuance Request. By delivering to the Administrative Agent and the Issuing Bank an Issuance Request at or before 12:00 noon, Toronto, Canada time, Celestica may request, from time to time prior to the Maturity Date and on not less than three (3) nor more than ten (10) Banking Days’ notice, that the Issuing Bank issue an irrevocable standby letter of credit or letter of guarantee in such form as may be requested by Celestica and approved by the Issuing Bank (each a “Letter of Credit”) in support of financial obligations of Celestica or a Restricted Subsidiary incurred in Celestica’s or such Restricted Subsidiary’s ordinary course of business and which are described in such Issuance Request, provided that, if the form of the letter of credit requested by Celestica is in a language other than English, Celestica shall provide to the Administrative Agent and the Issuing Bank not less than ten (10) nor more than twenty (20) Banking Days’ Days notice. Upon receipt of an Issuance Request, the Administrative Agent shall, within twenty (20) days of the receipt thereof, notify the Canadian Lenders thereof. Each Letter of Credit shall, by its terms: (a) be issued in a Face Amount which when aggregated with the Face Amounts of all other outstanding Letters of Credit does not exceed (or would not, upon its issuance, exceed) the then Letter of Credit Availability; (b) be stated to expire on a date (its “Stated Expiry Date”) not later than one year from the Maturity Date; and (c) on or prior to its Stated Expiry Date: (i) terminate immediately upon notice to the Issuing Bank thereof from the beneficiary thereunder that all obligations covered thereby have been terminated, paid or otherwise satisfied in full, and (ii) reduce, in part, immediately and to the extent that the beneficiary thereunder has notified the Issuing Bank thereof that the obligations covered thereby have been paid or otherwise satisfied in part. Celestica may request Letters of Credit to be denominated in Canadian Dollars, in United States Dollars, and in Pounds Sterling or, if the Issuing Bank in its sole and absolute discretion agrees, in Euros or such other currency as Celestica may request in the Issuance Request. In the event that the currency in which a Letter of Credit is expressed to be drawn is a currency other than United States Dollars or Canadian Dollars, for the purposes of determining whether the Face Amount of all outstanding Letters of Credit exceeds (or would, upon its issuance, exceed) the Letter of Credit Availability, the Face Amount payable under such Letter of Credit shall be deemed to be the Equivalent Amount in United States Dollars of such other currency on the date of such determination. The provisions of Section 6.2 shall apply to Letters of Credit issued contemporaneously on the first Drawdown Date and, thereafter, Section 6.3 (with the exception of Section 6.3(a)) shall apply at the time of issuance of any Letter of Credit as if such issuance were a Drawdown.

Appears in 1 contract

Samples: Revolving Term Credit Agreement (Celestica Inc)

Issuance Request. By delivering to the Administrative Agent and the Issuing Bank an Issuance Request at or before 12:00 noon, Toronto, Canada time, Celestica may request, from time to time prior to the Maturity Conversion Date and on not less than three (3) nor more than ten (10) Banking Days' notice, that the Issuing Bank issue an irrevocable standby letter of credit or letter of guarantee in such form as may be requested by Celestica and approved by the Issuing Bank (each a “Letter of Credit”"LETTER OF CREDIT") in support of financial obligations of Celestica or a Restricted Subsidiary incurred in Celestica’s or such Restricted Subsidiary’s 's ordinary course of business and which are described in such Issuance Request, provided that, if the form of the letter of credit requested by Celestica such Borrower is in a language other than English, Celestica shall provide to the Administrative Agent and the Issuing Bank not less than ten (10) nor more than twenty (20) Banking Days’ Days notice. Upon receipt of an Issuance Request, the Administrative Agent shall, within twenty (20) days of the receipt thereof, notify the Canadian Lenders thereof. Each Letter of Credit shall, by its terms: (a) be issued in a Face Amount which when aggregated with the Face Amounts of all other outstanding Letters of Credit does not exceed (or would not, upon its issuance, exceed) the then Letter of Credit Availability; (b) be stated to expire on a date (its “Stated Expiry Date”"STATED EXPIRY DATE") not later than one year the earlier of two years from its date of issuance and the Final Maturity Date; and (c) on or prior to its Stated Expiry Date: (i) terminate immediately upon notice to the Issuing Bank thereof from the beneficiary thereunder that all obligations covered thereby have been terminated, paid or otherwise satisfied in full, and (ii) reduce, in part, immediately and to the extent that the beneficiary thereunder has notified the Issuing Bank thereof that the obligations covered thereby have been paid or otherwise satisfied in part. Celestica may request Letters of Credit to be denominated in Canadian Dollars, in United States Dollars, and in Pounds Sterling or, if or in such Freely Tradeable European Currency (other than Pounds Sterling) as the Issuing Bank Bank, in its sole and absolute discretion agreesdiscretion, in Euros or such other currency as Celestica may request in the Issuance Request. In the event that the currency in which a Letter of Credit is expressed to be drawn is a currency other than United States Dollars or Canadian Dollars, for the purposes of determining whether the Face Amount of all outstanding Letters of Credit exceeds (or would, upon its issuance, exceed) the Letter of Credit Availability, the Face Amount payable under such Letter of Credit shall be deemed to be the Equivalent Amount in United States Dollars of such other currency on the date of such determinationagree. The provisions of Section 6.2 6.1 (with the exception of 6.1(h)) shall apply to Letters of Credit issued contemporaneously on the first Drawdown Date and, thereafter, Section 6.3 6.2 (with the exception of Section 6.3(a6.2(a)) shall apply at the time of issuance of any Letter of Credit as if such issuance were a Drawdown.

Appears in 1 contract

Samples: Revolving Term Credit Agreement (Celestica Inc)

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Issuance Request. By delivering to the Administrative Agent Canadian Facility Agent, and the Issuing Bank an Issuance Request at on or before 12:00 noon, Toronto, Canada Toronto time, Celestica may request, from time to time prior to the Final Maturity Date and on not less than three (3) nor more than ten (10) Banking Days' notice, that the Issuing Bank issue an irrevocable standby letter of credit or letter of guarantee in such form as may be requested by Celestica and approved by the Issuing Bank (each a “Letter of Credit”) "LETTER OF CREDIT"), in support of financial obligations of Celestica or a Restricted Subsidiary incurred in Celestica’s or such Restricted Subsidiary’s 's ordinary course of business and which are described in such Issuance Request, provided that, if the form of the letter of credit requested by Celestica such Borrower is in a language other than English, Celestica shall provide to the Administrative Canadian Facility Agent and the Issuing Bank not less than ten (10) nor more than twenty (20) Banking Days’ Days notice. Upon receipt of an Issuance Request, the Administrative Canadian Facility Agent shall, within twenty (20) days of the receipt thereof, notify the Canadian Lenders thereof. Each Letter of Credit shall, by its terms: (a) be issued in a Face Amount which when aggregated with the Face Amounts of all other outstanding Letters of Credit does not exceed (or would not, upon its issuance, exceed) the then Letter of Credit Availability; (b) be stated to expire on a date (its “Stated Expiry Date”"STATED EXPIRY DATE") not later than one year the earlier of two years from its date of issuance and the Final Maturity Date; and (c) on or prior to its Stated Expiry Date: (i) terminate immediately upon notice to the Issuing Bank thereof from the beneficiary thereunder that all obligations covered thereby have been terminated, paid or otherwise satisfied in full, and (ii) reduce, in part, immediately and to the extent that the beneficiary thereunder has notified the Issuing Bank thereof that the obligations covered thereby have been paid or otherwise satisfied in part. Celestica may request Letters of Credit to be denominated in Canadian Dollars, in United States Dollars, and in Pounds Sterling or, if or in such Freely Tradeable European Currency (other than Pounds Sterling) as the Issuing Bank Bank, in its sole and absolute discretion agreesdiscretion, in Euros or such other currency as Celestica may request in the Issuance Request. In the event that the currency in which a Letter of Credit is expressed to be drawn is a currency other than United States Dollars or Canadian Dollars, for the purposes of determining whether the Face Amount of all outstanding Letters of Credit exceeds (or would, upon its issuance, exceed) the Letter of Credit Availability, the Face Amount payable under such Letter of Credit shall be deemed to be the Equivalent Amount in United States Dollars of such other currency on the date of such determinationagree. The provisions of Section 6.2 6.1 (with the exception of 6.1(h)) shall apply to Letters of Credit issued contemporaneously on the first Drawdown Date and, thereafter, Section 6.3 6.2 (with the exception of Section 6.3(a6.2(a)) shall apply at the time of issuance of any Letter of Credit as if such issuance were was a Drawdown.

Appears in 1 contract

Samples: Credit Agreement (Celestica Inc)

Issuance Request. By delivering to the Administrative Agent and the Issuing Bank an Issuance Request at or before 12:00 noon, Toronto, Canada time, Celestica may request, from time to time prior to the Maturity Date and on not less than three (3) nor more than ten (10) Banking Days' notice, that the Issuing Bank issue an irrevocable standby letter of credit or letter of guarantee in such form as may be requested by Celestica and approved by the Issuing Bank (each a "Letter of Credit") in support of financial obligations of Celestica or a Restricted Subsidiary incurred in Celestica’s or such Restricted Subsidiary’s 's ordinary course of business and which are described in such Issuance Request, provided that, if the form of the letter of credit requested by Celestica such Borrower is in a language other than English, Celestica shall provide to the Administrative Agent and the Issuing Bank not less than ten (10) nor more than twenty (20) Banking Days’ Days notice. Upon receipt of an Issuance Request, the Administrative Agent shall, within twenty (20) days of the receipt thereof, notify the Canadian Lenders thereof. Each Letter of Credit shall, by its terms: (a) be issued in a Face Amount which when aggregated with the Face Amounts of all other outstanding Letters of Credit does not exceed (or would not, upon its issuance, exceed) the then Letter of Credit Availability; (b) be stated to expire on a date (its "Stated Expiry Date") not later than one year from the Maturity Date; and (c) on or prior to its Stated Expiry Date: (i) terminate immediately upon notice to the Issuing Bank thereof from the beneficiary thereunder that all obligations covered thereby have been terminated, paid or otherwise satisfied in full, and (ii) reduce, in part, immediately and to the extent that the beneficiary thereunder has notified the Issuing Bank thereof that the obligations covered thereby have been paid or otherwise satisfied in part. Celestica may request Letters of Credit to be denominated in Canadian Dollars, in United States Dollars, and in Pounds Sterling or, if the Issuing Bank in its sole and absolute discretion agrees, in Euros or such other currency as Celestica may request in the Issuance Request. In the event that the currency in which a Letter of Credit is expressed to be drawn is a currency other than United States Dollars or Canadian Dollars, for the purposes of determining whether the Face Amount of all outstanding Letters of Credit exceeds (or would, upon its issuance, exceed) the Letter of Credit Availability, the Face Amount payable under such Letter of Credit shall be deemed to be the Equivalent Amount in United States Dollars of such other currency on the date of such determinationEuros. The provisions of Section 6.2 shall apply to Letters of Credit issued contemporaneously on the first Drawdown Date and, thereafter, Section 6.3 (with the exception of Section 6.3(a)) shall apply at the time of issuance of any Letter of Credit as if such issuance were a Drawdown.

Appears in 1 contract

Samples: Revolving Term Credit Agreement (Celestica Inc)

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