Common use of Issuance Clause in Contracts

Issuance. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, the Issuing Lender agrees to issue, and each Lender with a Revolving Commitment severally agrees to participate in the issuance by the Issuing Lender of, standby Letters of Credit in Dollars from time to time from the Closing Date until the date thirty (30) days prior to the Maturity Date as the Borrower may request, in a form acceptable to the Issuing Lender; provided, however, that (i) the LOC Obligations outstanding shall not at any time exceed TWENTY MILLION DOLLARS ($20,000,000) (the "LOC Committed Amount") and (ii) the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not at any time exceed the aggregate Revolving Committed Amount. No Letter of Credit shall (x) have an original expiry date more than one year from the date of issuance (provided that any such Letter of Credit may contain customary "evergreen" provisions pursuant to which the expiry date is automatically extended by a specific time period unless the Issuing Lender gives notice to the beneficiary of such Letter of Credit at least a specified time period prior to the expiry date then in effect) or (y) as originally issued or as extended, have an expiry date extending beyond the date thirty (30) days prior to the Maturity Date. Each Letter of Credit shall comply with the related LOC Documents. The issuance and expiry dates of each Letter of Credit shall be a Business Day.

Issuance. Subject to the terms and conditions hereof and in reliance upon of the representations Letter of Credit Documents, if any, and warranties set forth hereinany other terms and conditions which the Issuing Bank may reasonably require, the Issuing Lender agrees to issue, and each Lender with a Revolving Commitment severally agrees to Lenders will participate in the issuance by the Issuing Lender of, standby Letters of Credit in Dollars Bank to the Underlying Issuer from time to time of one or more L/C Undertakings with respect to Letters of Credit issued from time to time by the Underlying Issuer in Dollars from the Closing Date until the date thirty (30) days prior to the Maturity Date as the Borrower may request, in each case in a form acceptable to the Issuing LenderBank; provided, -------- however, that (ia) the LOC Letter of Credit Obligations outstanding shall not at any ------- time exceed TWENTY-FIVE MILLION DOLLARS ($25,000,000) (the "Letter of Credit Committed Amount") and (b) the sum of the aggregate principal amount of outstanding Revolving Loans plus Letter of Credit Obligations outstanding shall not at any time exceed TWENTY MILLION DOLLARS ($20,000,000) (the "LOC Committed Amount") and (ii) the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not at any time exceed the aggregate Revolving Committed AmountCredit Borrowing Base. No Letter of Credit shall (x) have an original expiry date more than one year from the date of issuance (provided that any such Letter of Credit may contain customary "evergreen" provisions pursuant to which the expiry date is automatically extended by a specific time period unless the Issuing Lender gives notice to the beneficiary of such Letter of Credit at least a specified time period prior to the expiry date then in effect) or (y) as originally issued or as extended, have an expiry date extending beyond the date thirty (30) days prior to the Maturity Date. Each Letter of Credit shall comply with the related LOC Letter of Credit Documents. The issuance and expiry dates date of each Letter of Credit shall comply with the related Letter of Credit Documents. The issuance and expiry date of each Letter of Credit shall be a Business Day. Notwithstanding anything to the contrary herein or otherwise, no Letter of Credit shall be issued to or for the benefit of CBII (or any Person in its capacity as a creditor of CBII) or to support, replace or supplement any obligation of CBII, except for those Letters of Credit set forth in Schedule 3.1 ------------ hereto.

Issuance. Subject to the terms and conditions hereof and in reliance upon of the representations LOC Documents, if any, and warranties set forth hereinany other terms and conditions which the Issuing Lender may reasonably require (so long as such terms and conditions do not impose any financial obligation on or require any Lien (not otherwise contemplated by this Credit Agreement) to be given by any Credit Party or conflict with any obligation of, or detract from any action which may be taken by the Credit Parties or their Subsidiaries under this Credit Agreement), the Issuing Lender agrees to issue, and each Lender with a Revolving Commitment severally agrees to participate in the issuance by the Issuing Lender of, standby Letters of Credit in Dollars shall from time to time upon request issue, in Dollars, and the LOC Participants shall participate in, letters of credit (the "Letters of Credit") for the account of a Credit Party or any of its Subsidiaries, from the Closing Initial Funding Date until the date thirty (30) days prior to the Maturity Date as the Borrower may requestDate, in a form reasonably acceptable to the Issuing Lender; provided, however, that (i) the aggregate amount of LOC Obligations outstanding shall not at any time exceed TWENTY FIVE MILLION DOLLARS ($20,000,00025,000,000) (the "LOC Committed Amount") and ), (ii) the sum of the aggregate outstanding principal amount of LOC Obligations outstanding plus Revolving Loans outstanding plus Swing Line Loans outstanding shall not exceed the Revolving Committed Amount and (iii) with respect to each individual LOC Participant, the LOC Participant's pro rata share of outstanding Revolving Loans plus its pro rata share of outstanding LOC Obligations plus Swingline its (other than the Swing Line Lender) pro rata share of outstanding Swing Line Loans shall not at any time exceed such LOC Participant's Revolving Loan Commitment Percentage of the aggregate Revolving Committed Amount. No The issuance and expiry date of each Letter of Credit shall (x) be a Business Day. Except as otherwise expressly agreed upon by all the LOC Participants, no Letter of Credit shall have an original expiry date more than one year from the date of issuance (provided that any such Letter of Credit may contain customary "evergreen" provisions pursuant to which the expiry date is automatically extended by a specific time period unless the Issuing Lender gives notice to the beneficiary of such Letter of Credit at least a specified time period prior to the expiry date then in effect) or (y) as originally issued issuance, or as extended, shall have an expiry date extending beyond the date thirty (30) days prior to the Maturity Date. Each Letter of Credit shall be either (x) a standby letter of credit issued to support the obligations (including pension or insurance obligations), contingent or otherwise, of a Credit Party or any of its Subsidiaries, or (y) a commercial letter of credit in respect of the purchase of goods or services by a Credit Party or any of its Subsidiaries in the ordinary course of business; it being understood that any Letter of Credit issued on behalf of a Foreign Subsidiary must be permitted by the terms of Section 8.6. Each Letter of Credit shall comply with the related LOC Documents. The issuance and expiry dates of each Letter of Credit shall be a Business Day.

Issuance. Subject to the terms and conditions hereof and in reliance upon of the representations Letter of Credit Documents, if any, and warranties set forth hereinany other terms and conditions which the Issuing Bank may reasonably require, the Issuing Lender agrees to issue, and each Lender with a Revolving Commitment severally agrees to Existing Lenders will participate in the issuance by the Issuing Lender of, standby Letters of Credit in Dollars Bank to the Underlying Issuer from time to time of one or more L/C Undertakings with respect to Letters of Credit issued from time to time by the Underlying Issuer in Dollars from the Original Closing Date until the date thirty (30) days prior to the Maturity Date as the Borrower CBI may request, in each case in a form acceptable to the Issuing LenderBank; provided, however, that (ia) the LOC Letter of Credit Obligations outstanding shall not at any time exceed TWENTY MILLION DOLLARS thirty million Dollars ($20,000,00030,000,000) (the "LOC “Letter of Credit Committed Amount"”) and (iib) the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus LOC Letter of Credit Obligations plus Swingline Loans outstanding shall not at any time exceed the aggregate Revolving Committed AmountCredit Borrowing Base. No Letter of Credit shall (x) have an original expiry date more than one year from the date of issuance (provided that any such Letter of Credit may contain customary "evergreen" provisions pursuant to which the expiry date is automatically extended by a specific time period unless the Issuing Lender gives notice to the beneficiary of such Letter of Credit at least a specified time period prior to the expiry date then in effect) or (y) as originally issued or as extended, have an expiry date extending beyond the date thirty (30) days prior to the Maturity Date. Each Letter of Credit shall comply with the related LOC Letter of Credit Documents. The issuance and expiry dates date of each Letter of Credit shall comply with the related Letter of Credit Documents. The issuance and expiry date of each Letter of Credit shall be a Business Day. Notwithstanding anything to the contrary herein or otherwise, no Letter of Credit shall be issued to or for the benefit of CBII (or any Person in its capacity as a creditor of CBII) or to support, replace or supplement any obligation of CBII, except for those Letters of Credit set forth in Schedule 3.1 hereto.

Issuance. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, the Issuing Lender agrees to issue, and each Lender with having a Revolving Commitment severally agrees to participate in the issuance by the Issuing Lender of, standby and trade Letters of Credit in Dollars from time to time from the Closing Date until the date thirty (30) days prior to the Maturity Date as the Borrower may request, in a form acceptable to the Issuing Lender; provided, however, that (i) the LOC Obligations outstanding shall not at any time exceed TWENTY TEN MILLION DOLLARS ($20,000,00010,000,000) (the "LOC Committed Amount") and (ii) the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not at any time exceed (A) the aggregate Revolving Committed Amount. No Letter of Credit shall (x) have an original expiry date more than one year from the date of issuance (provided that any such Letter of Credit may contain customary "evergreen" provisions pursuant to which the expiry date is automatically extended by a specific time period of one year or less unless the Issuing Lender gives notice to the beneficiary of such Letter of Credit at least a specified time period prior to the expiry date then in effect) or (y) as originally issued or as extended, have an expiry date extending beyond the date thirty (30) days prior to the Maturity Date. Each Letter of Credit shall comply with the related LOC Documents. The issuance and expiry dates date of each Letter of Credit shall be a Business Day.

Issuance. Subject to the terms and conditions hereof and in reliance upon of the representations Letter of Credit Documents, if any, and warranties set forth hereinany other terms and conditions which the Issuing Bank may reasonably require, the Issuing Lender agrees to issue, and each Lender with a Revolving Commitment severally agrees to Existing Lenders will participate in the issuance by the Issuing Lender of, standby Letters of Credit in Dollars Bank to the Underlying Issuer from time to time of one or more L/C Undertakings with respect to Letters of Credit issued from time to time by the Underlying Issuer in Dollars from the Original Closing Date until the date thirty (30) days prior to the Maturity Date as the Borrower CBI may request, in each case in a form acceptable to the Issuing LenderBank; provided, however, that (ia) the LOC Letter of Credit Obligations outstanding shall not at any time exceed TWENTY MILLION DOLLARS thirty million Dollars ($20,000,00030,000,000) (the "LOC Letter of Credit Committed Amount") and (iib) the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus LOC Letter of Credit Obligations plus Swingline Loans outstanding shall not at any time exceed the aggregate Revolving Committed AmountCredit Borrowing Base. No Letter of Credit shall (x) have an original expiry date more than one year from the date of issuance (provided that any such Letter of Credit may contain customary "evergreen" provisions pursuant to which the expiry date is automatically extended by a specific time period unless the Issuing Lender gives notice to the beneficiary of such Letter of Credit at least a specified time period prior to the expiry date then in effect) or (y) as originally issued or as extended, have an expiry date extending beyond the date thirty (30) days prior to the Maturity Date. Each Letter of Credit shall comply with the related LOC Letter of Credit Documents. The issuance and expiry dates date of each Letter of Credit shall comply with the related Letter of Credit Documents. The issuance and expiry date of each Letter of Credit shall be a Business Day. Notwithstanding anything to the contrary herein or otherwise, no Letter of Credit shall be issued to or for the benefit of CBII (or any Person in its capacity as a creditor of CBII) or to support, replace or supplement any obligation of CBII, except for those Letters of Credit set forth in Schedule 3.1 hereto.

Issuance. Subject to the terms and conditions hereof and in reliance upon of the representations Letter of Credit Documents, if any, and warranties set forth hereinany other terms and conditions which the Issuing Bank may reasonably require, the Issuing Lender agrees to issue, and each Lender with a Revolving Commitment severally agrees to Lenders will participate in the issuance by the Issuing Lender of, standby Letters of Credit in Dollars Bank to the Underlying Issuer from time to time of one or more L/C Undertakings with respect to Letters of Credit issued from time to time by the Underlying Issuer in Dollars from the Closing Date until the date thirty (30) days prior to the Maturity Date as the Borrower may request, in each case in a form acceptable to the Issuing LenderBank; provided, however, that (ia) the LOC Letter of Credit Obligations outstanding shall not at any time exceed TWENTY TWENTY-FIVE MILLION DOLLARS ($20,000,00025,000,000) (the "LOC Letter of Credit Committed Amount") and (iib) the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus LOC Letter of Credit Obligations plus Swingline Loans outstanding shall not at any time exceed the aggregate Revolving Committed AmountCredit Borrowing Base. No Letter of Credit shall (x) have an original expiry date more than one year from the date of issuance (provided that any such Letter of Credit may contain customary "evergreen" provisions pursuant to which the expiry date is automatically extended by a specific time period unless the Issuing Lender gives notice to the beneficiary of such Letter of Credit at least a specified time period prior to the expiry date then in effect) or (y) as originally issued or as extended, have an expiry date extending beyond the date thirty (30) days prior to the Maturity Date. Each Letter of Credit shall comply with the related LOC Letter of Credit Documents. The issuance and expiry dates date of each Letter of Credit shall comply with the related Letter of Credit Documents. The issuance and expiry date of each Letter of Credit shall be a Business Day. Notwithstanding anything to the contrary herein or otherwise, no Letter of Credit shall be issued to or for the benefit of CBII (or any Person in its capacity as a creditor of CBII) or to support, replace or supplement any obligation of CBII, except for those Letters of Credit set forth in SCHEDULE 3.1 hereto.

Issuance. Subject From the Closing Date until the Maturity Date, subject to the terms and conditions hereof and in reliance upon of the representations Letter of Credit Documents, if any, and warranties set forth hereinsuch other terms and conditions which the L/C Issuer may reasonably require, the Issuing Lender agrees to L/C Issuer shall issue, and each Lender with a Revolving Commitment severally agrees to the Lenders shall participate in the issuance by the Issuing Lender ofin, standby such Letters of Credit in Dollars from time to time from the Closing Date until the date thirty (30) days prior to the Maturity Date as the Borrower may requestrequest for its benefit or the benefit of any Subsidiary as provided herein, in a form acceptable to the Issuing LenderL/C Issuer, for the purposes hereinafter set forth; provided, however, provided that (i) the LOC aggregate amount of Letter of Credit Obligations outstanding shall not exceed the Letter of Credit Commitment at any time exceed TWENTY MILLION DOLLARS ($20,000,000) (the "LOC Committed Amount") time, and (ii) the sum of the aggregate outstanding principal amount of the Revolving Loans plus LOC Loans, Swing Line Advances and Letter of Credit Obligations plus Swingline Loans shall not exceed the lesser of the Borrowing Base or the Commitments in effect at any time exceed the aggregate Revolving Committed Amounttime. No Letter of Credit shall (x) have an original expiry expiration date more later than one the earlier of the Maturity Date and 1 year from after the date of issuance (provided that any such thereof; provided, however, the Borrower may request issuance or renewal of a Letter of Credit may contain customary "evergreen" provisions pursuant to which a date after the expiry date is automatically extended by a specific Maturity Date if, at the time period unless of such issuance or renewal, the Issuing Lender gives notice Borrower deposits into the L/C Cash Collateral Account an amount equal to the beneficiary face amount of such Letter of Credit. Each Letter of Credit at least a specified time period shall require that all draws thereon must be presented to the L/C Bank by the expiration date therefor, regardless of whether presented prior to the expiry such date then in effect) to any correspondent bank or (y) as originally issued or as extended, have an expiry date extending beyond the date thirty (30) days prior to the Maturity Dateother institution. Each Letter of Credit shall comply with the related LOC Letter of Credit Documents. The issuance and expiry dates date of each Letter of Credit shall be a Business Day. On the date of the initial Revolving Loan hereunder, each outstanding letter of credit issued under the Existing Credit Agreement and described on Schedule 2.2 hereof (collectively, the “Existing L/Cs”) shall be deemed for all purposes, as of such date, without further action by any Person, to have been issued hereunder, and each such issuer of the Existing L/Cs shall be deemed to be an “L/C Issuer” hereunder for all purposes but solely with respect to, and until the termination, expiration or replacement of, such Existing L/Cs.

Issuance. Subject to the terms and conditions hereof and of the LOC Documents, if any, and any other terms and conditions which the Issuing Lender may reasonably require and in reliance upon the representations and warranties set forth herein, the Issuing Lender agrees to issue, and each Lender with a Revolving Commitment severally agrees to participate in the issuance by the Issuing Lender of, standby of Letters of Credit in Dollars from time to time from the Closing Date until the date thirty (30) days prior to the Maturity Date as the Borrower may request, in a form acceptable to the Issuing Lender; provided, however, that (i) the LOC Obligations outstanding shall not at any time exceed TWENTY TWENTY-FIVE MILLION DOLLARS ($20,000,00025,000,000) (the "LOC Committed Amount") and ), (ii) with regard to the Lenders collectively, the amount of the Revolving Obligations shall not exceed the lesser of (A) the Revolving Committed Amount and (B) the Borrowing Base less the outstanding Term Loan less LOC Obligations outstanding and (iii) with regard to each Lender individually, the amount of the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans outstanding shall not at any time exceed such Lender's Revolving Commitment Percentage of the aggregate Revolving Committed Amount. No Letter of Credit shall (x) have an original expiry date more than one year from the date of issuance (provided that any such Letter of Credit may contain customary "evergreen" provisions pursuant to which the expiry date is automatically extended by a specific time period unless the Issuing Lender gives notice to the beneficiary of such Letter of Credit at least a specified time period prior to the expiry date then in effect) or (y) as originally issued or as extended, have an expiry date extending beyond the date thirty (30) days prior to the Maturity Date. Each Letter of Credit shall comply with the related LOC Documents. The issuance and expiry dates of each Letter of Credit shall be a Business Day.

Issuance. Subject to the terms and conditions hereof and in reliance upon of the representations Letter of Credit Documents, if any, and warranties set forth hereinany other terms and conditions which the Issuing Bank may reasonably require, the Issuing Lender agrees to issue, and each Lender with a Revolving Commitment severally agrees to Lenders will participate in the issuance by the Issuing Lender of, standby Letters of Credit in Dollars Bank to the Underlying Issuer from time to time of one or more L/C Undertakings with respect to Letters of Credit issued from time to time by the Underlying Issuer in Dollars from the Original Closing Date until the date thirty (30) days prior to the Maturity Date as the Borrower may request, in each case in a form acceptable to the Issuing LenderBank; provided, however, that (ia) the LOC Letter of Credit Obligations outstanding shall -------- ------- not at any time exceed THIRTY MILLION DOLLARS ($30,000,000) (the "Letter of Credit Committed Amount") and (b) the sum of the aggregate principal amount of outstanding Revolving Loans plus Letter of Credit Obligations outstanding shall not at any time exceed TWENTY MILLION DOLLARS ($20,000,000) (the "LOC Committed Amount") and (ii) the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not at any time exceed the aggregate Revolving Committed AmountCredit Borrowing Base. No Letter of Credit shall (x) have an original expiry date more than one year from the date of issuance (provided that any such Letter of Credit may contain customary "evergreen" provisions pursuant to which the expiry date is automatically extended by a specific time period unless the Issuing Lender gives notice to the beneficiary of such Letter of Credit at least a specified time period prior to the expiry date then in effect) or (y) as originally issued or as extended, have an expiry date extending beyond the date thirty (30) days prior to the Maturity Date. Each Letter of Credit shall comply with the related LOC Letter of Credit Documents. The issuance and expiry dates date of each Letter of Credit shall comply with the related Letter of Credit Documents. The issuance and expiry date of each Letter of Credit shall be a Business Day.Business

Issuance. Subject to the terms and conditions hereof and in reliance upon of the representations Letter of Credit Documents, if any, and warranties set forth hereinany other terms and conditions which the Issuing Bank may reasonably require, the Issuing Lender agrees to issue, and each Lender with a Revolving Commitment severally agrees to Lenders will participate in the issuance by the Issuing Lender of, standby Bank from time to time of such Letters of Credit in Dollars from time to time from the Closing Date until the date thirty (30) days prior to the Maturity Date as the Borrower Borrowers may request, in a form acceptable to the Issuing LenderBank; providedPROVIDED, howeverHOWEVER, that (ia) the LOC Letter of Credit Obligations outstanding shall not at any time exceed TWENTY SEVEN MILLION DOLLARS ($20,000,0007,000,000) (the "LOC Committed AmountLETTER OF CREDIT COMMITTED AMOUNT") and (iib) the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus LOC PLUS Letter of Credit Obligations plus Swingline Loans outstanding shall not at any time exceed the aggregate lesser of (i) the Revolving Credit Committed AmountAmount and (ii) the Revolving Credit Borrowing Base. No Letter of Credit shall (x) have an original expiry date more than one year from the date of issuance (provided that any such Letter of Credit may contain customary "evergreen" provisions pursuant to which the expiry date is automatically extended by a specific time period unless the Issuing Lender gives notice to the beneficiary of such Letter of Credit at least a specified time period prior to the expiry date then in effect) or (y) as originally issued or as extended, have an expiry date extending beyond the date thirty (30) days prior to the Maturity Date. Each Letter of Credit shall comply with the related LOC Letter of Credit Documents. The issuance and expiry dates date of each Letter of Credit shall comply with the related Letter of Credit Documents. The issuance and expiry date of each Letter of Credit shall be a Business Day.

Issuance. Subject to the terms and conditions hereof and of the LOC Documents, if any, and any other terms and conditions which the Issuing Lender may reasonably require and in reliance upon the representations and warranties set forth herein, the an Issuing Lender agrees to issue, and each Lender with a Revolving Commitment severally agrees to participate in the issuance by the Issuing Lender of, standby Letters of Credit in Dollars shall from time to time upon request issue (from the Closing Date until the date thirty (30) days prior to the Maturity Date as the Borrower may request, and in a form reasonably acceptable to the such Issuing Lender), in Dollars, and the Lenders shall participate in, letters of credit (the "Letters of Credit") for the account of the Borrower; provided, however, that (i) the aggregate amount of LOC Obligations outstanding shall not at any time exceed TWENTY TWENTY-FIVE MILLION DOLLARS ($20,000,000) 25,000,000); provided, further, (the "LOC Committed Amount") and (iii) the sum of the aggregate outstanding principal amount of LOC Obligations outstanding plus Revolving Loans outstanding plus Swingline Loans outstanding shall not exceed the lesser of (A) the Revolving Committed Amount and (B) the Borrowing Base and (ii) with respect to each individual Lender, the Lender's pro rata share of outstanding Revolving Loans plus its pro rata share of outstanding LOC Obligations plus its pro rata share of outstanding Swingline Loans shall not at any time exceed such Lender's Revolving Commitment Percentage of the aggregate Revolving Committed Amount. No The issuance and expiry date of each Letter of Credit shall (x) be a Business Day. Except as otherwise expressly agreed upon by all the Lenders, no Letter of Credit shall have an original expiry date more than one year from the date of issuance (provided that any such Letter of Credit may contain customary "evergreen" provisions pursuant to which the expiry date is automatically extended by a specific time period unless the Issuing Lender gives notice to the beneficiary of such Letter of Credit at least a specified time period prior to the expiry date then in effect) or (y) as originally issued issuance, or as extended, shall have an expiry date extending beyond the date thirty (30) days prior to the Maturity Date. Each Letter of Credit shall be either (x) a standby letter of credit issued to support the obligations (including pension or insurance obligations), contingent or otherwise, of the Borrower or any of its Subsidiaries, or (y) a commercial letter of credit in respect of the purchase of goods or services by the Borrower or any of its Subsidiaries in the ordinary course of business. Each Letter of Credit shall comply with the related LOC Documents. The issuance and expiry dates of each Letter of Credit shall be a Business Day.

Issuance. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, the Issuing Lender agrees to issue, and each Lender with a Revolving Commitment severally agrees to participate in the issuance by the Issuing Lender of, standby and trade Letters of Credit in Dollars from time to time from the Closing Initial Funding Date until the date thirty (30) days prior to the Maturity Date as the Borrower may request, in a form reasonably acceptable to the Issuing Lender; provided, however, that (i) the LOC Obligations outstanding shall not at any time exceed TWENTY FIVE MILLION DOLLARS ($20,000,0005,000,000) (the "LOC Committed Amount") and (ii) the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not at any time exceed the aggregate Revolving Committed Amount. No Letter of Credit shall (x) have an original expiry date more than one year from the date of issuance (provided that any such Letter of Credit may contain customary "evergreen" provisions pursuant to which the expiry date is automatically extended by a specific time period unless the Issuing Lender gives notice to the beneficiary of such Letter of Credit at least a specified time period prior to the expiry date then in effect) or (y) as originally issued or as extended, have an expiry date extending beyond the date thirty (30) days prior to the Maturity Date. Each Letter of Credit shall comply with the related LOC Documents. The issuance and expiry dates of each Letter of Credit shall be a Business Day.

Issuance. Subject to the terms and conditions hereof and in reliance upon of the representations Letter of Credit Documents, if any, and warranties set forth hereinany other terms and conditions which the Issuing Bank may reasonably require, the Issuing Lender agrees to issue, and each Lender with a Revolving Commitment severally agrees to Lenders will participate in the issuance by the Issuing Lender of, standby Bank from time to time of such Letters of Credit in Dollars from time to time from the Original Closing Date until the date thirty (30) days prior to the Maturity Date as the Borrower may request, in a form reasonably acceptable to the Issuing LenderBank; provided, however, that (ia) the LOC Letter of Credit Obligations outstanding shall not at any time exceed TWENTY MILLION DOLLARS ($20,000,000) (the "LOC Letter of Credit Committed Amount") Amount and (iib) the sum of the aggregate Working Capital Obligations outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not at any time exceed the aggregate lesser of (A) the Revolving Credit Committed AmountAmount then in effect and (B) the Borrowing Base. No Letter of Credit shall (x) have an original expiry date more than one year from the date of issuance (provided that any such Letter of Credit may contain customary "evergreen" provisions pursuant to which the expiry date is automatically extended by a specific time period unless the Issuing Lender gives notice to the beneficiary of such Letter of Credit at least a specified time period prior to the expiry date then in effect) or (y) as originally issued or as extended, have an expiry date extending beyond the date thirty Maturity Date (30) days prior but, subject to the Maturity Dateforegoing, may provide for automatic renewal in the absence of notice of non-renewal by the Issuing Bank). Each Letter of Credit shall comply with the related LOC Letter of Credit Documents. The issuance and expiry dates date of each Letter of Credit shall comply with the related Letter of Credit Documents. The issuance and expiry date of each Letter of Credit shall be a Business Day. The Existing Letters of Credit shall be deemed to have been issued hereunder on the Original Closing Date, and no request for issuance thereof need be made.

Issuance. Subject to the terms and conditions hereof and in reliance upon of the representations -------- LOC Documents, if any, and warranties set forth hereinany other terms and conditions which the Issuing Lender may reasonably require, the Issuing Lender agrees to issue, issue Letters of Credit from time to time and each Lender with a Revolving Commitment severally agrees to the Lenders will participate in the issuance by the Issuing Lender of, standby from time to time of such Letters of Credit in Dollars from time to time from the Closing Date until the date thirty (30) days prior to the Maturity Date Termination Date, all as the Borrower may request, in a form reasonably acceptable to the Issuing Lender; provided, however, that (i) the LOC Obligations outstanding shall -------- ------- not at any time exceed TWENTY THIRTY MILLION DOLLARS ($20,000,00030,000,000) (the "LOC --- Committed Amount") and (ii) the sum of the aggregate outstanding principal amount of ---------------- outstanding Revolving Loans plus the aggregate principal amount of ---- outstanding Swingline Loans plus LOC Obligations plus Swingline Loans outstanding shall not at any time ---- exceed the aggregate Revolving Committed Amount. No Letter of Credit shall (x) have an original expiry date more than one year from the date of issuance (provided that any such Letter of Credit may contain customary "evergreen" provisions pursuant to which the expiry date is automatically extended by a specific time period unless the Issuing Lender gives notice to the beneficiary of such Letter of Credit at least a specified time period prior to the expiry date then in effect) or (y) as originally issued or as extended, have an expiry date extending beyond the date thirty (30) days prior to the Maturity Termination Date. Each Letter of Credit shall comply with the related LOC Documents. The issuance and expiry dates date of each Letter of Credit shall be a Business Day.

Issuance. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, the Issuing Lender agrees to issue, and each Lender with a Revolving Commitment severally agrees to participate in the issuance by the Issuing Lender of, standby and trade Letters of Credit in Dollars from time to time from the Closing Date until the date thirty five (305) days prior to the Maturity Date as the Borrower may request, in a form acceptable to the Issuing Lender; provided, however, that (i) the LOC Obligations outstanding shall not at any time exceed TWENTY FORTY MILLION DOLLARS ($20,000,00040,000,000) (the "LOC Committed AmountCOMMITTED AMOUNT") and (ii) the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not at any time exceed the aggregate Revolving Committed Amount. No Letter of Credit shall (x) have an original expiry date more than one year from the date of issuance (provided that any such Letter of Credit may contain customary "evergreen" provisions pursuant to which the expiry date is automatically extended by a specific time period unless the Issuing Lender gives notice to the beneficiary of such Letter of Credit at least a specified time period prior to the expiry date then in effect) or (y) as originally issued or as extended, have an expiry date extending beyond the date thirty five (305) days prior to the Maturity Date. The Issuing Lender shall not be required to issue any Letter of Credit which would violate any Requirement of Law applicable to the Issuing Lender. Each Letter of Credit shall comply with the related LOC Documents. The issuance and expiry dates of each Letter of Credit shall be a Business Day. For purposes of this Credit Agreement, the Existing Letters of Credit shall be deemed to have been issued on the Closing Date.

Issuance. Subject to the terms and conditions hereof and in reliance upon of the representations LOC Documents, if any, and warranties set forth hereinany other terms and conditions which the Issuing Lender may reasonably require, the Issuing Lender agrees to issue, and each Lender with a Revolving Commitment severally agrees to participate in the issuance by the Issuing Lender of, standby Letters of Credit in Dollars shall from time to time upon request from the Borrower issue (from the Closing Date until the date thirty (30) days prior to the Maturity Date as the Borrower may request, and in a form reasonably acceptable to the Issuing Lender), in Dollars, and the LOC Participants shall participate in, letters of credit (the “Letters of Credit”) for the account of the Borrower; provided, however, that (i) the aggregate amount of LOC Obligations outstanding shall not at any time exceed TWENTY FIFTY MILLION DOLLARS ($20,000,000) (the "LOC Committed Amount") and 50,000,000), (ii) the sum of the aggregate outstanding principal amount of Revolving LOC Obligations outstanding plus the aggregate amount of Revolving-A Loans outstanding shall not exceed the Revolving-A Loan Commitment and (iii) with respect to each individual LOC Participant, the LOC Participant’s pro rata share of outstanding Revolving-A Loans plus its pro rata share of outstanding LOC Obligations plus Swingline Loans shall not at exceed such LOC Participant’s Commitment Percentage of the Revolving-A Loan Commitment. The Issuing Lender may require the issuance and expiry date of each Letter of Credit to be a day other than (x) a Saturday or a Sunday or (y) any time exceed other day on which the aggregate Revolving Committed Amountletter of credit issuing office of the Issuing Lender is authorized or required by law or executive order to close. No Each Letter of Credit shall (x) have an original expiry date more than one year from a stated term not to exceed the date of issuance (provided that any such Maturity Date. Each Letter of Credit may contain customary "evergreen" provisions pursuant shall be either (A) a standby letter of credit issued to which support the expiry date is automatically extended by a specific time period unless obligations (including pension or insurance obligations), contingent or otherwise, of the Issuing Lender gives notice to the beneficiary Borrower or any of such Letter of Credit at least a specified time period prior to the expiry date then in effect) its Subsidiaries, or (yB) as originally issued a commercial letter of credit in respect of the purchase of goods or as extended, have an expiry date extending beyond services by the date thirty (30) days prior to Borrower or any of its Subsidiaries in the Maturity Dateordinary course of business. Each Letter of Credit shall comply with the related LOC Documents. The issuance and expiry dates of each Letter of Credit shall be a Business Day.

Issuance. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon of the representations LOC Documents, if any, and warranties set forth hereinsuch other terms and conditions which the Issuing Lender may reasonably require, the Issuing Lender agrees to shall issue, and each Lender with a the Revolving Commitment severally agrees to Lenders shall participate in the issuance by the Issuing Lender ofin, standby such Letters of Credit in Dollars from time to time from the Closing Date until the date thirty (30) days prior to the Maturity Date as the Borrower may requestrequest for its own account or for the account of any Subsidiary as provided herein, in a form acceptable to the Issuing Lender, for the purposes hereinafter set forth; provided, however, provided that (i) the aggregate amount of LOC Obligations outstanding shall not at any time exceed TWENTY TEN MILLION DOLLARS ($20,000,00010,000,000) at any time (the "LOC Committed Amount") and ), (ii) with regard to the sum of Revolving Lenders collectively, the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not outstanding at any time shall not exceed the aggregate Aggregate Revolving Committed Amount and (iii) with regard to each Revolving Lender individually, such Revolving Lender's Revolving Commitment Percentage of Revolving Obligations outstanding at any time shall not exceed such Revolving Lender's Revolving Committed Amount. No Letter Letters of Credit issued hereunder shall (x) not have an original expiry date more than one year from the date of issuance (provided that any such Letter of Credit may contain customary "evergreen" provisions pursuant to which the or extension, nor an expiry date is automatically extended by a specific time period unless the Issuing Lender gives notice to the beneficiary of such Letter of Credit at least a specified time period prior to the expiry date then in effect) or (y) date, whether as originally issued or as extendedby extension, have an expiry date extending beyond the date thirty (30) days prior to the Maturity Termination Date. Each Letter of Credit shall comply with the related LOC Documents. The issuance and expiry dates date of each Letter of Credit shall be a Business Day.

Issuance. Subject to the terms and conditions hereof and in reliance upon of the representations Letter of Credit Documents, if any, and warranties set forth hereinany other terms and conditions which the Issuing Bank may reasonably require, the Issuing Lender agrees to issue, and each Lender with a Revolving Commitment severally agrees to Lenders will participate in the issuance by the Issuing Lender of, standby Bank from time to time of such Letters of Credit in Dollars from time to time from the Closing Date until the date thirty (30) days prior to the Maturity Date as the Borrower Borrowers may request, in a form acceptable to the Issuing LenderBank; provided, however, that (i) the LOC Letter of Credit Obligations outstanding shall not at any time exceed TWENTY MILLION FIVE HUNDRED THOUSAND DOLLARS ($20,000,000500,000) (the "LOC Letter of Credit Committed Amount") and (ii) the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus LOC Letter of Credit Obligations plus Swingline Loans outstanding shall not at any time exceed the aggregate lesser of the Revolving Credit Committed AmountAmount or the Borrowing Base. No Letter of Credit shall (x) have an original expiry date more than one year from the date of issuance (provided that any such Letter of Credit may contain customary "evergreen" provisions pursuant to which the expiry date is automatically extended by a specific time period unless the Issuing Lender gives notice to the beneficiary of such Letter of Credit at least a specified time period prior to the expiry date then in effect) or renewal thereof or (y) as originally issued or as extended, have an expiry date extending beyond the date thirty (30) days prior to the Maturity Date. Each Letter of Credit shall comply with the related LOC Letter of Credit Documents. The issuance and expiry dates date of each Letter of Credit shall comply with the related Letter of Credit Documents. The issuance and expiry date of each Letter of Credit shall be a Business Day.

Issuance. Subject to the terms and conditions hereof and of the LOC Documents, if any, and any other terms and conditions which the Issuing Lender may reasonably require and in reliance upon the representations and warranties set forth herein, the Issuing Lender agrees to issue, and each Lender with a Revolving Commitment severally agrees to participate in the issuance by the Issuing Lender of, standby of Letters of Credit in Dollars from time to time from the Closing Date until the date thirty (30) days prior to the Maturity Date as the Borrower may request, in a form acceptable to the Issuing Lender; provided, however, that (i) the LOC Obligations outstanding shall not at any time exceed TWENTY MILLION DOLLARS ($20,000,000) (the "LOC Committed Amount") and , (ii) with regard to the sum of Lenders collectively, the aggregate outstanding principal amount of Revolving Loans outstanding plus LOC Obligations outstanding plus Swingline Loans outstanding shall not at any time exceed the aggregate Revolving Committed Amount and (iii) with regard to each Lender individually, such Lender's pro rata share of outstanding Revolving Loan plus such Lender's pro rata share of LOC Obligations outstanding plus (other than the Swingline Lender) such Lender's pro rata share of Swingline Loans outstanding shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount. No Letter of Credit shall (x) have an original expiry date more than one year from the date of issuance (provided that any such Letter of Credit may contain customary "evergreen" provisions pursuant to which the expiry date is automatically extended by a specific time period unless the Issuing Lender gives notice to the beneficiary of such Letter of Credit at least a specified time period prior to the expiry date then in effect) or (y) as originally issued or as extended, have an expiry date extending beyond the date thirty (30) days prior to the Maturity Date. Each Letter of Credit (1) shall comply with the related LOC DocumentsDocuments and (2) may be issued only for the purposes set forth in Section 6.14 hereof. The issuance and expiry dates of each Letter of Credit shall be a Business Day.

Issuance. (1) Subject to the terms and conditions hereof of this Agreement, LENDER will, from time to time after the Effective Date and in reliance upon the representations its accordance with its usual and warranties set forth herein, the Issuing Lender agrees to issuecustomary practices, and each Lender with at the request of and for the account of BORROWER, issue or create Letters of Credit for the benefit of beneficiaries designated by BORROWER. The Letters of Credit and the various documents related thereto (including the Applications defined below) are herein collectively called “Financing Documents”. (2) Unless otherwise agreed by LENDER in writing, all shipping documents must be consigned to LENDER. (3) Unless otherwise agreed by LENDER in writing, LENDER will not issue or create any Financing Document if the issuance thereof would result in more than $3,500,000 in Letter of Credit Obligations being Outstanding at any one time or if the issuance thereof would result in a Revolving Commitment severally agrees violation of the Lending Formula. (A) Each Financing Document shall provide that drafts drawn thereunder must be presented to participate LENDER on or prior to 60 days after the issuance thereof (unless otherwise agreed by LENDER), and, in the issuance by case of the Issuing Lender ofLetters of Credit, that any acceptances created thereunder shall mature not later than 90 days after the creation thereof in the case of documentary Letters of Credit and 360 days n the case of standby Letters of Credit (unless otherwise agreed by LENDER). (B) In the event that any drafts drawn under any Financing Document has an expiration date or any acceptance has a maturity date later than the Maturity Date and LENDER’s relationship with BORROWER under this Agreement is not extended beyond the Maturity Date, BORROWER must obtain with a source other than LENDER or any LENDER’s Affiliate a replacement Financing Document, Letter of Credit or acceptance as the case may be or secure BORROWER’s obligations thereunder with cash collateral in Dollars from time an amount satisfactory to time from the Closing Date until the date thirty LENDER acting in good faith using reasonable commercial judgment. (305) days BORROWER shall give notice to LENDER of a request for issuance of any Financing Document not less than 2 Business Days prior to the Maturity Date as proposed issuance date (which prescribed time period may be waived at the Borrower may request, option of LENDER in a form acceptable to the Issuing Lender; provided, however, that exercise of its sole discretion). Each such notice shall specify: (iA) the LOC Obligations outstanding shall not at any time exceed TWENTY MILLION DOLLARS ($20,000,000) (the "LOC Committed Amount") and (ii) the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not at any time exceed the aggregate Revolving Committed Amount. No Letter of Credit shall (x) have an original expiry date more than one year from the requested date of such issuance (provided that any such Letter of Credit may contain customary "evergreen" provisions pursuant to which the expiry date is automatically extended by a specific time period unless the Issuing Lender gives notice to the beneficiary of such Letter of Credit at least a specified time period prior to the expiry date then in effect) or (y) as originally issued or as extended, have an expiry date extending beyond the date thirty (30) days prior to the Maturity Date. Each Letter of Credit shall comply with the related LOC Documents. The issuance and expiry dates of each Letter of Credit shall be a Business Day); (B) the maximum amount of such Financing Document; (C) the expiration date of such Financing Document; (D) the purpose of such Financing Document; (E) the name and address of the beneficiary of such Financing Document; and (F) the required documents under any such Financing Document. (6) Notwithstanding the foregoing, LENDER shall not be under any obligation to issue or create any Financing Document if at the time of such issuance any order, judgment or decree of any governmental authority or arbitrator shall purport by its terms to enjoin or restrain LENDER from issuing such Financing Document or any requirement of law applicable to LENDER or any request or directive (whether or not having the force of law) from any governmental authority with jurisdiction over LENDER shall prohibit, or request that LENDER refrain from, the issuance of Letters of Credit generally or any such Financing Documents in particular, or shall impose upon LENDER with respect to any Financing Document any requirement (for which LENDER is not otherwise compensated) not in effect on the date hereof, or any unreimbursed loss, cost or expense which was not applicable, in effect or known to LENDER as of the date hereof and which LENDER in good xxxxx xxxxx material to it.

Issuance. Subject to the terms and conditions hereof and in reliance upon of the representations LOC Documents, if any, and warranties set forth hereinany other terms and conditions which the Issuing Bank may reasonably require, the Issuing Lender agrees to issue, and each Lender with a Revolving Commitment severally agrees to participate in the issuance by the Issuing Lender of, standby Letters of Credit in Dollars Bank shall from time to time from upon request issue, and the Closing Date until Lenders shall participate in, letters of credit (the date thirty (30"Letters of Credit") days prior to for the Maturity Date as account of the Borrower may request, in a form acceptable to the Issuing LenderBorrower; provided, however, that (i) the LOC aggregate amount of Letter of Credit Obligations outstanding shall not at any time exceed TWENTY MILLION DOLLARS ($20,000,000) (the "LOC Committed Amount") and 75,000,000, (ii) the sum of the aggregate outstanding principal amount of Revolving Letter of Credit Obligations outstanding plus the aggregate amount of Loans outstanding shall not exceed the Aggregate Commitment and (iii) with respect to each individual Lender, the Lender's pro rata share of outstanding Loans plus LOC its pro rata share of outstanding Letter of Credit Obligations plus Swingline Loans shall not at exceed such Lender's Revolving Loan Commitment. The Issuing Bank may require the issuance and expiry date of each Letter of Credit to be a day other than (x) a Saturday or a Sunday or (y) any time exceed other day on which the aggregate Revolving Committed Amountletter of credit issuing office of the Issuing Bank is authorized or required by law or executive order to close. No Each Letter of Credit shall be a standby or documentary letter of credit issued to support the obligations (xincluding pension or insurance obligations), contingent or otherwise, of the Borrower or any of its Subsidiaries. Each Letter of Credit shall have a stated term not to exceed one year, but may by its terms be renewable annually upon notice (a "Notice of Renewal") have an original expiry given to the Agent on or prior to any date more than one year from the date for notice of issuance (provided that any renewal set forth in such Letter of Credit may contain customary "evergreen" provisions pursuant to which the expiry date is automatically extended by a specific time period unless the Issuing Lender gives notice but in any event at least three Business Days prior to the beneficiary date of the proposed renewal of such Letter of Credit at least a specified time period and upon fulfillment of the applicable conditions set forth in Section 5.2 unless the Agent has notified the Borrower on or prior to the expiry date then for notice of termination set forth in effectsuch Letter of Credit but in any event at least 30 Business Days prior to the date of automatic renewal of its election not to renew such Letter of Credit (a "Notice of Termination") or and (y) as originally issued or as extended, have an expiry date extending beyond the date thirty (30) days 10 Business Days prior to the Maturity Date; provided that the terms of each Letter of Credit that is automatically renewable annually shall (x) require the Agent to give the beneficiary named in such Letter of Credit notice of any Notice of Termination, (y) permit such beneficiary, upon receipt of such notice, to draw under such Letter of Credit prior to the date such Letter of Credit otherwise would have been automatically renewed and (z) not permit the expiration date (after giving effect to any renewal) of such Letter of Credit in any event to be extended to a date later than 10 Business Days before the Maturity Date. If either a Notice of Renewal is not given by the Borrower or a Notice of Termination is given by the Agent pursuant to the immediately preceding sentence, such Letter of Credit shall expire on the date on which it otherwise would have been automatically renewed; provided, however, that even in the absence of receipt of a Notice of Renewal the Agent may in its discretion, unless instructed to the contrary by the Borrower, deem that a Notice of Renewal had been timely delivered and in such case, a Notice of Renewal shall be deemed to have been so delivered for all purposes under this Agreement. Each Letter of Credit shall comply with the related LOC Documents. The issuance and expiry dates of each Letter of Credit shall be a Business Day.

Issuance. Subject to the terms and conditions hereof and of the -------- LOC Documents, if any, and any other terms and conditions which the Issuing Lender may reasonably require and in reliance upon the representations and warranties set forth herein, the Issuing Lender agrees to issue, and each Lender with a Revolving Commitment severally agrees to participate in the issuance by the Issuing Lender of, standby and trade Letters of Credit in Dollars from time to time from the Closing Date until the date thirty (30) days prior to the Maturity Date as the Borrower may request, in a form acceptable to the Issuing Lender; provided, however, that (i) the LOC -------- ------- Obligations outstanding shall not at any time exceed TWENTY ONE MILLION DOLLARS ($20,000,0001,000,000) (the "LOC Committed Amount") and (ii) the sum of the aggregate outstanding -------------------- principal amount of outstanding Revolving Loans plus LOC Obligations plus Swingline Loans ---- outstanding shall not at any time exceed the aggregate lesser of (A) the Revolving Committed AmountAmount and (B) the Borrowing Base. No Letter of Credit shall (x) have an original expiry date more than one year from the date of issuance (provided that any such Letter of Credit may contain customary "evergreen" provisions pursuant to which the expiry date is automatically extended by a specific time period unless the Issuing Lender gives notice to the beneficiary of such Letter of Credit at least a specified time period prior to the expiry date then in effect) or (y) as originally issued or as extended, have an expiry date extending beyond the date thirty (30) days prior to the Maturity Date. Each Letter of Credit shall comply with the related LOC Documents. The issuance and expiry dates of each Letter of Credit shall be a Business Day.

Issuance. Subject to the terms and conditions hereof and in reliance upon of the representations Letter of Credit Documents, if any, and warranties set forth hereinany other terms and conditions which the Issuing Bank may reasonably require, the Issuing Lender agrees to issue, and each Lender with a Revolving Commitment severally agrees to Lenders will participate in the issuance by the Issuing Lender of, standby Bank from time to time of such Letters of Credit in Dollars from time to time from the Closing Date until the date thirty (30) days prior to the Maturity Date as the Borrower Borrowers may request, in a form acceptable to the Issuing LenderBank; provided, however, that (ia) the LOC Letter of Credit Obligations outstanding shall not at any time exceed TWENTY THREE MILLION DOLLARS ($20,000,0003,000,000) (the "LOC Letter of Credit Committed Amount") and (iib) the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus LOC Letter of Credit Obligations plus Swingline Loans outstanding shall not at any time exceed the aggregate lesser of (i) the Revolving Credit Committed AmountAmount and (ii) the Borrowing Base. No Letter of Credit shall (x) have an original expiry date or renewal date more than one year from the date of issuance (provided that any such Letter of Credit may contain customary "evergreen" provisions pursuant to which the expiry date is automatically extended by a specific time period unless the Issuing Lender gives notice to the beneficiary of such Letter of Credit at least a specified time period prior to the expiry date then in effect) or (y) as originally issued or as extended, have an expiry date extending beyond the date thirty (30) days prior to the Maturity Date. Each Letter of Credit shall comply with the related LOC Letter of Credit Documents. The issuance and expiry dates date of each Letter of Credit shall comply with the related Letter of Credit Documents. The issuance and expiry date of each Letter of Credit shall be a Business Day.

Issuance. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, the Issuing Lender agrees to issue, and each Lender with a Revolving Commitment severally agrees to participate in the issuance by the Issuing Lender of, standby and trade Letters of Credit in Dollars from time to time from the Closing Date until the date thirty (30) days prior to the Maturity Date as the Borrower may request, in a form acceptable to the Issuing Lender; provided, however, that (i) the LOC Obligations outstanding shall not at any time exceed TWENTY TWO MILLION DOLLARS ($20,000,0002,000,000) (the "“LOC Committed Amount"”) and (ii) the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not at any time exceed the aggregate Revolving Committed Amount. No Letter of Credit shall (x) have an original expiry date more than one year from the date of issuance (provided that any such Letter of Credit may contain customary "“evergreen" ” provisions pursuant to which the expiry date is automatically extended by a specific time period unless the Issuing Lender gives notice to the beneficiary of such Letter of Credit at least a specified time period prior to the expiry date then in effect) or (y) as originally issued or as extended, have an expiry date extending beyond the date thirty (30) days prior to the Maturity Date. Each Letter of Credit shall comply with the related LOC Documents. The issuance and expiry dates of each Letter of Credit shall be a Business Day.

Issuance. Subject to the terms and conditions hereof and in reliance upon of the representations Letter of Credit Documents, if any, and warranties set forth hereinany other terms and conditions which the Issuing Bank may reasonably require, the Issuing Lender agrees to issue, and each Lender with a Revolving Commitment severally agrees to Existing Lenders will participate in the issuance by the Issuing Lender of, standby Letters of Credit in Dollars Bank to the Underlying Issuer from time to time of one or more L/C Undertakings with respect to Letters of Credit issued from time to time by the Underlying Issuer in Dollars from the Original Closing Date until the date thirty (30) days prior to the Maturity Date as the Borrower CBI may request, in each case in a form acceptable to the Issuing LenderBank; provided, however, that (ia) the LOC Letter of Credit Obligations outstanding shall not at any time exceed TWENTY MILLION DOLLARS thirty million Dollars ($20,000,00030,000,000) (the "LOC “Letter of Credit Committed Amount"”) and (iib) the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus LOC Letter of Credit Obligations plus Swingline Loans outstanding shall not at any time exceed the aggregate Revolving Committed AmountCredit Borrowing Base. No Letter of Credit shall (x) have an original expiry date more than one year from the date of issuance (provided that any such Letter of Credit may contain customary "evergreen" provisions pursuant to which the expiry date is automatically extended by a specific time period unless the Issuing Lender gives notice to the beneficiary of such Letter of Credit at least a specified time period prior to the expiry date then in effect) or (y) as originally issued or as extended, have an expiry date extending beyond the date thirty Maturity Date unless, in the case of this clause (30y), CBI agrees (in separate documentation reasonably satisfactory to the Issuing Bank) days to establish before the Maturity Date (but to be funded at least five Business Days prior to the Maturity Date) a cash collateral account at the Issuing Bank for the benefit of the Issuing Bank with a deposit in such account of at least 110% of the maximum amount available to be drawn on each such Letter of Credit having an expiry date after the Maturity Date. Each Letter of Credit shall comply with the related LOC Letter of Credit Documents. The issuance and expiry dates date of each Letter of Credit shall comply with the related Letter of Credit Documents. The issuance and expiry date of each Letter of Credit shall be a Business Day. Notwithstanding anything to the contrary herein or otherwise, no Letter of Credit shall be issued to or for the benefit of CBII (or any Person in its capacity as a creditor of CBII) or to support, replace or supplement any obligation of CBII, except for those Letters of Credit set forth in Schedule 3.1 hereto.

Issuance. Subject to and upon the terms and conditions hereof herein set forth, so long as no Default or Event of Default has occurred and in reliance upon the representations and warranties set forth hereinis continuing, the Issuing Lender agrees will, at any time and from time to issuetime on and after the Closing Date and prior to the earlier of (i) the Letter of Credit Maturity Date and (ii) the Revolving Credit Termination Date, and each Lender upon request by the Borrower in accordance with the provisions of Section 3.2, issue for the account of the Borrower or its Subsidiaries one or more irrevocable standby letters of credit denominated in Dollars and in a Revolving Commitment severally agrees to participate in the issuance form customarily used or otherwise approved by the Issuing Lender of(together with all amendments, standby modifications and supplements thereto, substitutions therefor and renewals and restatements thereof, collectively, the “Letters of Credit”). From and after the Closing Date, the Existing Letters of Credit shall be Letters of Credit hereunder and the fees set forth in Dollars from time Sections 2.9(c), 2.9(d) and 2.9(e) (excluding issuance fees) shall commence with respect to time from such Letters of Credit on the Closing Date until the date thirty (30) days prior to the Maturity Date Date. The Stated Amount of each Letter of Credit shall not be less than such amount as the Borrower may request, in a form be acceptable to the Issuing Lender. Notwithstanding the foregoing: (a) No Letter of Credit shall be issued if the Stated Amount upon issuance (i) when added to the aggregate Letter of Credit Exposure of the Revolving Credit Lenders at such time, would exceed the Letter of Credit Subcommitment, or (ii) when added to the Aggregate Revolving Credit Exposure, would exceed the aggregate Revolving Credit Commitments at such time; (b) Notwithstanding that a Letter of Credit issued or outstanding hereunder is in support of any obligations of, or is for the account of, or otherwise will benefit, a Subsidiary of the Borrower, the Borrower shall be obligated to reimburse the Issuing Lender hereunder for any and all drawings under such Letter of Credit (and the Borrower hereby acknowledges that the issuance of Letters of Credit for the benefit of its Subsidiaries inures to the benefit of the Borrower and that the Borrower’s business derives substantial benefits from the businesses of such Subsidiaries); (c) No Letter of Credit shall be issued that by its terms expires later than the Letter of Credit Maturity Date or, in any event, more than one (1) year after its date of issuance; provided, however, that (i) the LOC Obligations outstanding shall not at any time exceed TWENTY MILLION DOLLARS ($20,000,000) (the "LOC Committed Amount") and (ii) the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not at any time exceed the aggregate Revolving Committed Amount. No a Letter of Credit shall (x) have an original expiry date more than may, if requested by the Borrower, provide by its terms, and on terms acceptable to the Issuing Lender, for renewal for successive periods of one year from or less (but not beyond the date of issuance (provided that any such Letter of Credit may contain customary "evergreen" provisions pursuant to which the expiry date is automatically extended by a specific time period Maturity Date), unless and until the Issuing Lender gives shall have delivered a notice of nonrenewal to the beneficiary of such Letter of Credit; and (d) The Issuing Lender shall not issue any Letter of Credit if, at least a specified the time period of such proposed issuance, (i) any order, judgment or decree of any Governmental Authority or arbitrator shall purport by its terms to enjoin or restrain the Issuing Lender from issuing such 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 Letter of Credit in particular or shall impose upon the Issuing Lender with respect to such Letter of Credit any restriction or reserve or capital requirement (for which the Issuing Lender is not otherwise compensated) not in effect on the Closing Date, or any unreimbursed loss, cost or expense that was not applicable, in effect or known to the Issuing Lender as of the Closing Date and that the Issuing Lender in good xxxxx xxxxx material to it, or (ii) the Issuing Lender shall have actual knowledge, or shall have received notice from any Lender, prior to the expiry date then in effect) or (y) as originally issued or as extended, have an expiry date extending beyond the date thirty (30) days prior to the Maturity Date. Each issuance of such Letter of Credit shall comply with that one or more of the related LOC Documents. The conditions specified in Section 4.1 (if applicable) or Section 4.2 are not then satisfied (or have not been waived in writing as required herein) or that the issuance and expiry dates of each such Letter of Credit shall be a Business Daywould violate the provisions of Section 3.1(a).

Issuance. Subject to the terms and conditions hereof and in reliance upon of the representations Letter of Credit Documents, if any, and warranties set forth hereinany other terms and conditions which the Issuing Bank may reasonably require, the Issuing Lender agrees to issue, and each Lender with a Revolving Commitment severally agrees to Lenders will participate in the issuance by the Issuing Lender of, standby Bank from time to time of such Letters of Credit in Dollars from time to time from the Closing Date until the date thirty (30) days prior to the Maturity Date as the Borrower Borrowers may request, in a form acceptable to the Issuing LenderBank; provided, however, that (ia) the LOC Letter of Credit Obligations outstanding shall not at any time exceed TWENTY SEVEN MILLION DOLLARS ($20,000,0007,000,000) (the "LOC Letter of Credit Committed Amount") and (iib) the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus LOC Letter of Credit Obligations plus Swingline Loans outstanding shall not at any time exceed the aggregate lesser of (i) the Revolving Credit Committed AmountAmount and (ii) the Revolving Credit Borrowing Base. No Letter of Credit shall (x) have an original expiry date more than one year from the date of issuance (provided that any such Letter of Credit may contain customary "evergreen" provisions pursuant to which the expiry date is automatically extended by a specific time period unless the Issuing Lender gives notice to the beneficiary of such Letter of Credit at least a specified time period prior to the expiry date then in effect) or (y) as originally issued or as extended, have an expiry date extending beyond the date thirty (30) days prior to the Maturity Date. Each Letter of Credit shall comply with the related LOC Letter of Credit Documents. The issuance and expiry dates date of each Letter of Credit shall comply with the related Letter of Credit Documents. The issuance and expiry date of each Letter of Credit shall be a Business Day.

Issuance. Subject to the terms and conditions hereof and of the LOC Documents, if any, and any other terms and conditions which the relevant Issuing Lender may reasonably require and in reliance upon the representations and warranties set forth herein, the each Issuing Lender agrees to issue, and each Revolving Lender with a Revolving Commitment severally agrees to participate in the issuance by the such Issuing Lender of, standby of Letters of Credit in Dollars from time to time from the Closing Restatement Effective Date until the date thirty (30) days prior to the Revolving Loan Maturity Date as the Borrower may request, in a form acceptable to the relevant Issuing Lender; provided, however, that (i) on and after the Second Restatement Effective Date, the LOC Obligations outstanding shall not at any time exceed TWENTY MILLION ZERO DOLLARS ($20,000,0000.00) (the "LOC Committed Amount") and ), (ii) on and after the sum Second Restatement Effective Date, LOC Obligations with respect to trade or commercial Letters of Credit shall not at any time exceed Zero Dollars ($0.00), (iii) with regard to the Lenders collectively, the aggregate outstanding principal amount of Revolving Loans plus LOC the Obligations plus Swingline Loans outstanding shall not at any time exceed the aggregate Aggregate Committed Amount; provided, further, (iv) with regard to each Revolving Lender individually, the amount of such Revolving Lender's Revolving Commitment Percentage of the Revolving Obligations outstanding shall not exceed such Revolving Lender's Revolving Commitment Percentage of the Revolving Committed Amount. No Letter of Credit shall (x) have an original expiry date more than one year from the date of issuance (provided that any such Letter of Credit may contain customary "evergreen" provisions pursuant to which the expiry date is automatically extended by a specific time period unless the Issuing Lender gives notice to the beneficiary of such Letter of Credit at least a specified time period prior to the expiry date then in effect) or (y) as originally issued or as extended, have an expiry date extending beyond the a date thirty (30) days five Business Days prior to the Revolving Loan Maturity Date. Each Letter of Credit shall comply with the related LOC Documents. The issuance and expiry dates of each Letter of Credit shall be a Business Day.

Issuance. Subject to the terms and conditions hereof and in reliance upon of the representations Letter of Credit Documents, if any, and warranties set forth hereinany other terms and conditions which the Issuing Bank may reasonably require, the Issuing Lender agrees to issue, and each Lender with a Revolving Commitment severally agrees to Lenders will participate in the issuance by the Issuing Lender of, standby Letters of Credit in Dollars Bank to the Underlying Issuer from time to time of one or more L/C Undertakings with respect to Letters of Credit issued from time to time by the Underlying Issuer in Dollars from the Original Closing Date until the date thirty (30) days prior to the Maturity Date as the Borrower may request, in each case in a form acceptable to the Issuing LenderBank; provided, however, that (ia) the LOC Letter of Credit Obligations outstanding shall not at any time exceed TWENTY THIRTY MILLION DOLLARS ($20,000,00030,000,000) (the "LOC Letter of Credit Committed Amount") and (iib) the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus LOC Letter of Credit Obligations plus Swingline Loans outstanding shall not at any time exceed the aggregate Revolving Committed AmountCredit Borrowing Base. No Letter of Credit shall (x) have an original expiry date more than one year from the date of issuance (provided that any such Letter of Credit may contain customary "evergreen" provisions pursuant to which the expiry date is automatically extended by a specific time period unless the Issuing Lender gives notice to the beneficiary of such Letter of Credit at least a specified time period prior to the expiry date then in effect) or (y) as originally issued or as extended, have an expiry date extending beyond the date thirty (30) days prior to the Maturity Date. Each Letter of Credit shall comply with the related LOC Letter of Credit Documents. The issuance and expiry dates date of each Letter of Credit shall comply with the related Letter of Credit Documents. The issuance and expiry date of each Letter of Credit shall be a Business Day.Business

Issuance. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, the Issuing Lender agrees to issue, and each Revolving Lender with a Revolving Commitment severally agrees to participate in the issuance by the Issuing Lender of, standby and trade Letters of Credit in Dollars from time to time from the Closing Date until the date thirty five (305) days prior to the Maturity Date as the Borrower may request, in a form acceptable to the Issuing Lender; provided, however, that (i) the LOC Obligations outstanding shall not at any time exceed TWENTY FORTY MILLION DOLLARS ($20,000,00040,000,000) (the "“LOC Committed Amount"COMMITTED AMOUNT”) and (ii) the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not at any time exceed the aggregate Revolving Committed Amount. No Letter of Credit shall (x) have an original expiry date more than one year from the date of issuance (provided that any such Letter of Credit may contain customary "“evergreen" ” provisions pursuant to which the expiry date is automatically extended by a specific time period unless the Issuing Lender gives notice to the beneficiary of such Letter of Credit at least a specified time period prior to the expiry date then in effect) or (y) as originally issued or as extended, have an expiry date extending beyond the date thirty five (305) days prior to the Maturity Date. The Issuing Lender shall not be required to issue any Letter of Credit which would violate any Requirement of Law applicable to the Issuing Lender. Each Letter of Credit shall comply with the related LOC Documents. The issuance and expiry dates of each Letter of Credit shall be a Business Day. For purposes of this Credit Agreement, the Existing Letters of Credit shall be deemed to have been issued on the Closing Date.

Issuance. Subject During the Commitment Period, subject to the terms and -------- conditions hereof and in reliance upon of the representations LOC Documents, if any, and warranties set forth hereinsuch other terms and conditions which the Issuing Lender may reasonably require, the Issuing Lender agrees to shall issue, and each Lender with a Revolving Commitment severally agrees to the Lenders shall participate in in, the issuance by the Issuing Lender of, standby existing Letters of Credit in Dollars from time to time from the Closing Date until the date thirty (30identified on Schedule 2.2(a) days prior to the Maturity Date and such Letters of Credit as the Borrower --------------- may requestrequest for its own account or for the account of another Credit Party as provided herein, in a form acceptable to the Issuing Lender, for the purposes hereinafter set forth; provided, however, provided that (i) the aggregate amount of LOC Obligations outstanding -------- shall not at any time exceed TWENTY THIRTY MILLION DOLLARS ($20,000,00030,000,000) at any time (the "LOC --- Committed Amount") and ), (ii) with regard to the sum of Lenders collectively, the aggregate outstanding ---------------- principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not outstanding at any time shall not exceed the aggregate lesser of (A) the Aggregate Revolving Committed Amount or (B) until the Security Release Date relating to inventory (but not thereafter), the Borrowing Base, and (iii) with regard to each Lender individually, such Lender's Revolving Commitment Percentage of Obligations outstanding at any time shall not exceed such Lender's Revolving Committed Amount. No Letter Letters of Credit issued hereunder shall (x) not have an original expiry date more than one year from the date of issuance (provided that any such Letter of Credit may contain customary "evergreen" provisions pursuant to which the or extension, nor an expiry date is automatically extended by a specific time period unless the Issuing Lender gives notice to the beneficiary of such Letter of Credit at least a specified time period prior to the expiry date then in effect) or (y) date, whether as originally issued or as extendedby extension, have an expiry date extending beyond the date thirty (30) days prior to the Maturity Termination Date. Each Letter of Credit shall comply with the related LOC Documents. The issuance and expiry dates date of each Letter of Credit shall be a Business Day.

Issuance. Subject to the terms and conditions hereof and in reliance upon of the representations LOC Documents, if any, and warranties set forth hereinany other terms and conditions which the Issuing Lender may require (so long as such terms and conditions do not impose any financial obligation on or require any Lien (not otherwise contemplated by this Credit Agreement) to be given by any Credit Party or conflict with any obligation of, or detract from any action which may be taken by the Credit Parties or their Subsidiaries under this Credit Agreement), the Issuing Lender agrees to issue, and each Lender with a Revolving Commitment severally agrees to participate in the issuance by the Issuing Lender of, standby Letters of Credit in Dollars shall from time to time upon request issue, in Dollars, and the LOC Participants shall participate in, letters of credit (the "LETTERS OF CREDIT") for the account of a Credit Party or any of its Subsidiaries, from the Closing Date until the date thirty (30) days prior to the Maturity Date as the Borrower may requestDate, in a form acceptable to the Issuing Lender; providedPROVIDED, howeverHOWEVER, that (i) the aggregate amount of LOC Obligations outstanding shall not at any time exceed TWENTY FIVE MILLION DOLLARS ($20,000,0005,000,000) (the "LOC Committed AmountCOMMITTED AMOUNT") and ), (ii) the sum of the aggregate outstanding principal amount of LOC Obligations outstanding plus Revolving Loans outstanding plus Swing Line Loans outstanding shall not exceed the Revolving Committed Amount and (iii) with respect to each individual LOC Participant, the LOC Participant's pro rata share of outstanding Revolving Loans plus its pro rata share of outstanding LOC Obligations plus Swingline its (other than the Swing Line Lender) pro rata share of outstanding Swing Line Loans shall not at any time exceed such LOC Participant's Revolving Loan Commitment Percentage of the aggregate Revolving Committed Amount. No The issuance of each Letter of Credit shall (x) be a Business Day. Except as otherwise expressly agreed upon by all the LOC Participants, no Letter of Credit shall have an original expiry date more than one year from the date of issuance (provided that any such Letter of Credit may contain customary "evergreen" provisions pursuant to which the expiry date is automatically extended by a specific time period unless the Issuing Lender gives notice to the beneficiary of such Letter of Credit at least a specified time period prior to the expiry date then in effect) or (y) as originally issued issuance, or as extended, shall have an expiry date extending beyond the date thirty (30) days prior to the Maturity Date. Each Letter of Credit shall be either (x) a standby letter of credit issued to support the obligations (including pension or insurance obligations), contingent or otherwise, of a Credit Party or any of its Subsidiaries or (y) a commercial letter of credit in respect of the purchase of goods or services by a Credit Party or any of its Subsidiaries in the ordinary course of business; it being understood that any Letter of Credit issued on behalf of a Foreign Subsidiary must be permitted by the terms of Section 8.6. Each Letter of Credit shall comply with the related LOC Documents. The issuance and expiry dates of each Letter of Credit shall be a Business Day.

Issuance. Subject to the terms and conditions hereof and in reliance upon of the representations and warranties set forth hereinLOC Documents, the Issuing Lender agrees to issueif any, and each any other terms and conditions which the Lender may reasonably require (so long as such terms and conditions do not impose any financial obligation on or require any Lien (not otherwise contemplated by this Agreement) to be given by any Credit Party or conflict with a Revolving Commitment severally agrees to participate in the issuance by the Issuing Lender any obligation of, standby Letters or detract from any action which may be taken by, any Credit Party or their Subsidiaries under this Agreement), Lender shall issue letters of Credit in Dollars from time to time credit (the "LETTERS OF CREDIT") for the account of the Borrower or any of its Subsidiaries, from the Closing Effective Date until the date thirty (30) days prior to the Revolving Loan Maturity Date as the Borrower may request, in a form acceptable to the Issuing LenderDate; provided, however, that (i) the aggregate amount of LOC Obligations outstanding shall not at any time exceed TWENTY MILLION DOLLARS One Million and No/100 Dollars ($20,000,000) (the "LOC Committed Amount") 1,000,000), and (ii) the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations outstanding plus Swingline Loans the Revolving Loan outstanding shall not at any time exceed the aggregate Revolving Committed Amount. No The issuance and expiry date of each Letter of Credit shall (x) be a Business Day. Except as otherwise expressly permitted by the Lender, no Letter of Credit shall have an original expiry date more than one year from the date of issuance (provided that any such Letter of Credit may contain customary "evergreen" provisions pursuant to which the expiry date is automatically extended by a specific time period unless the Issuing Lender gives notice to the beneficiary of such Letter of Credit at least a specified time period prior to the expiry date then in effect) or (y) as originally issued issuance, or as extended, shall have an expiry date extending beyond the date thirty (30) days prior to the Revolving Loan Maturity Date. Each Letter of Credit shall be either (x) a standby letter of credit issued to support the obligations (including pension or insurance obligations), contingent or otherwise, of the Borrower or any of its Subsidiaries, or (y) a commercial letter of credit in respect of the purchase of goods or services by the Borrower or any of its Subsidiaries in the ordinary course of business. Each Letter of Credit shall comply with the related LOC Documents. The issuance and expiry dates of each Letter of Credit shall be a Business Day.

Issuance. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, the Issuing Lender agrees to issue, and each Lender with a Revolving Commitment severally agrees to participate in the issuance by the Issuing Lender of, standby and trade Letters of Credit in Dollars from time to time from the Closing Date until the date thirty (30) days prior to the Maturity Date as the Borrower may request, in a form acceptable to the Issuing Lender; provided, however, that (i) the LOC Obligations outstanding shall not at any time exceed TWENTY TWO MILLION DOLLARS ($20,000,0002,000,000) (the "“LOC Committed Amount"”) and (ii) the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not at any time exceed the aggregate lesser of (A) the Revolving Committed AmountAmount and (B) the Borrowing Base. No Letter of Credit shall (x) have an original expiry date more than one year from the date of issuance (provided that any such Letter of Credit may contain customary "“evergreen" ” provisions pursuant to which the expiry date is automatically extended by a specific time period unless the Issuing Lender gives notice to the beneficiary of such Letter of Credit at least a specified time period prior to the expiry date then in effect) or (y) as originally issued or as extended, have an expiry date extending beyond the date thirty (30) days prior to the Maturity Date. Each Letter of Credit shall comply with the related LOC Documents. The issuance and expiry dates of each Letter of Credit shall be a Business Day.

Issuance. Subject to the terms and conditions hereof and in reliance applicable provisions of this Agreement, on any Business Day, as part of the credit available under the Credit Facility, upon delivery of a Notice of Borrowing to the representations and warranties set forth herein, Agent three Business Days’ prior to the requested issuance of a Letter of Credit (or such longer period of time as the Issuing Lender agrees may reasonably require to issuesettle the form of the proposed Letter of Credit), and each Lender with a Revolving Commitment severally agrees the Borrower may request to participate in the issuance be issued by the Issuing Lender of, standby on behalf of the Lenders one or more Letters of Credit in a maximum aggregate amount outstanding at any time not exceeding US$100,000,000 or the equivalent thereof in Canadian Dollars from time to time from or Euros. Each Letter of Credit shall be issued in Canadian Dollars, US Dollars or Euros. Concurrently with the Closing Date until delivery of a Notice of Borrowing requesting a Letter of Credit, the date thirty (30) days prior Borrower shall execute and deliver to the Maturity Date Issuing Lender the documents required by the Issuing Lender in respect of the requested type of Letter of Credit, including a Letter of Credit application and indemnity on the Issuing Lender’s standard forms or as is otherwise required by the Borrower may requestIssuing Lender. In the event of any conflict between the provisions of this Agreement and the provisions of any document relating to a Letter of Credit, the provisions of this Agreement shall govern and prevail. Each Letter of Credit shall have a term of not more than one year and shall otherwise be in a form acceptable and substance satisfactory to the Issuing Lender; provided, acting reasonably, provided however, that (i) the LOC Obligations outstanding shall not at any time exceed TWENTY MILLION DOLLARS ($20,000,000) (the "LOC Committed Amount") and (ii) the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not at any time exceed the aggregate Revolving Committed Amount. No each Letter of Credit having a term which expires after the Maturity Date shall (x) have an original expiry date be escrowed in accordance with Section15.4.2 not more than one year from the date of issuance (provided that any such Letter of Credit may contain customary "evergreen" provisions pursuant to which the expiry date is automatically extended by a specific time period unless the Issuing Lender gives notice to the beneficiary of such Letter of Credit at least a specified time period prior to the expiry date then in effect) or (y) as originally issued or as extended, have an expiry date extending beyond the date thirty (30) days five Business Days prior to the Maturity Date. Each The Issuing Lender shall not be required to issue any Letter of Credit shall comply with if such issuance would breach any Applicable Law or any internal policy of the related LOC Documents. The issuance and expiry dates of each Letter of Credit shall be a Business DayIssuing Lender.

Issuance. Subject to the terms and conditions hereof and of the Letter of Credit Applications, if any, and any other terms and conditions which the Issuing Lender may reasonably require and in reliance upon the representations and warranties agreements of the other Lenders with Revolving Commitments set forth hereinin this Section 2.02, the Issuing Lender agrees to issue, and each Lender with a Revolving Commitment severally agrees to participate on the terms set forth in this Section 2.02 in the issuance by the Issuing Lender of, standby Letters of Credit in Dollars from time to time from the Closing Date until the date thirty (30) days prior to the Maturity Revolving Loan Termination Date as the Borrower may request, in a form acceptable to the Issuing Lender; provided, however, that (i) the LOC Obligations outstanding shall not at any time exceed TWENTY MILLION DOLLARS ($20,000,000) (the "LOC Revolving Committed Amount") Amount at such time and (ii) the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Credit Facility Obligations plus Swingline Loans shall not at any time exceed the aggregate Revolving Committed Amount. No Letter of Credit shall (x) have an original expiry date more than one year from the date of issuance (provided that any such Letter of Credit may contain customary "evergreen" provisions pursuant to which the expiry date is automatically extended unless cash collateralized by cash deposits in a specific time period unless the Issuing Lender gives notice manner reasonably satisfactory to the beneficiary of such Letter of Credit at least a specified time period prior to the expiry date then in effect) Administrative Agent or (y) as originally issued or as extended, have an expiry date extending beyond the date thirty (30) days prior to the Maturity Revolving Loan Termination Date. Each Letter of Credit shall comply with the related LOC Documents. The issuance and expiry dates date of each Letter of Credit shall each be a Business Day. The Existing Letter of Credit shall be deemed to have been issued pursuant hereto, and from and after the Closing Date shall be subject to and governed by the terms and conditions hereof.

Issuance. Subject to Each Issuer hereby agrees, on the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinin this Agreement, the Issuing Lender agrees to issueissue standby and documentary letters of credit denominated in Agreed Currencies (each a “Letter of Credit”) and to renew, and each Lender with a Revolving Commitment severally agrees to participate in the issuance by the Issuing Lender ofextend, standby increase, decrease or otherwise modify Letters of Credit in Dollars (“Modify,” and each such action a “Modification”) from time to time from the Closing Third Restatement Date until the date thirty (30) days prior to the Maturity Revolving Facility Termination Date as upon the Borrower may requestrequest of a Borrower; provided that immediately after any Letter of Credit is issued or Modified, in a form acceptable to the Issuing Lender; provided, however, that (i) the LOC Obligations outstanding Aggregate Outstanding Revolving Credit Exposure shall not at any time exceed TWENTY MILLION DOLLARS ($20,000,000) (the "LOC Committed Amount") and Aggregate Revolving Commitment, (ii) the sum of LC Exposure shall not exceed $50,000,000, and (iii) the aggregate outstanding principal amount of Multicurrency Revolving Loans plus LOC Obligations plus Loans, Swingline Loans Exposure not denominated in Dollars and LC Exposure not denominated in Dollars shall not at any time exceed the aggregate Revolving Committed Amount$100,000,000. No Letter of Credit shall have an expiry date after the earlier of (x) have an original expiry five Business Days prior to the scheduled Revolving Facility Termination Date (unless such Letter of Credit is collateralized on terms satisfactory to the applicable Issuer with cash or a standby letter of credit in form and substance and from a financial institution acceptable to the applicable Issuer in its sole discretion) and (y) the date more than that is one year from after the date of issuance thereof (provided that any Letter of Credit with a one-year tenor may provide for the renewal thereof for additional one-year periods not to extend beyond the date five (5) Business Days prior to the scheduled Revolving Facility Termination Date) (or if such Letter of Credit may contain customary "evergreen" provisions pursuant to which the expiry date is automatically extended by a specific time period unless the Issuing Lender gives notice collateralized on terms satisfactory to the beneficiary applicable Issuer with cash or a standby letter of credit in form and substance (and, if applicable, from a financial institution) acceptable to the applicable Issuer in its sole discretion, the date one year after such date) and (iv) except to the extent otherwise agreed by either Issuer in its sole discretion and solely as to itself, at no time shall an Issuer be obligated to issue or extend any Letter of Credit at least a specified time period prior if, after giving effect to such issuance or extension, the expiry date then in effect) or (y) as originally issued or as extended, have an expiry date extending beyond the date thirty (30) days prior aggregate LC Exposure relative to the Maturity Date. Each Letter Letters of Credit shall comply with issued by such Issuer would exceed $25,000,000 (or if the related LOC Documents. The issuance and expiry dates maximum amount of each Letter of Credit LC Exposure permitted hereby shall be a Business Dayreduced to an amount less than $50,000,000, to 50% of such lesser amount).

Issuance. Subject to the terms and conditions hereof and of the LOC Documents, if any, and any other terms and conditions which the Issuing Lender may reasonably require and in reliance upon the representations and warranties set forth herein, the Issuing Lender agrees to issue, and each Revolving Lender with a Revolving Commitment severally agrees to participate in the issuance by the Issuing Lender of, standby and trade Letters of Credit in Dollars from time to time from the Closing Date until the date thirty five (305) days prior to the Maturity Date as the Borrower may request, in a form acceptable to the Issuing Lender; provided, however, that (i) the LOC Obligations outstanding shall not at any time exceed TWENTY THIRTY MILLION DOLLARS ($20,000,00030,000,000) (the "LOC Committed Amount") and (ii) the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus LOC Obligations outstanding plus the aggregate principal amount of outstanding Swingline Loans shall not at any time exceed the aggregate Revolving Committed Amount. No Letter of Credit shall (x) have an original expiry date more than one year from the date of issuance (provided that the foregoing shall not prohibit any such Letter of Credit may contain customary "evergreen" provisions pursuant being subject to which the expiry date is automatically extended by a specific time period unless the Issuing Lender gives notice automatic renewals for additional periods of up to the beneficiary of such Letter of Credit at least a specified time period prior to the expiry date then in effect1 year) or (y) as originally issued or as extended, have an expiry date extending beyond the date thirty (30) days prior to the Maturity Date. Each Letter of Credit shall comply with the related LOC Documents. The issuance and expiry dates of each Letter of Credit shall be a Business Day.

Issuance. Subject to the terms and conditions hereof and in reliance upon hereof, each applicable Letter of Credit Bank has issued the representations and warranties set forth herein, the Issuing Lender agrees to issue, and each Lender with a Revolving Commitment severally agrees to participate in the issuance by the Issuing Lender of, standby Letters of Credit in Dollars described on Exhibit 2.6 hereof (which Letters of Credit shall be deemed issued and outstanding hereunder upon the effectiveness of this Loan Agreement) and each Letter of Credit Bank will from time to time issue standby letters of credit and commercial letters of credit from the Closing Date until the date thirty (30) days prior to the Maturity Termination Date as the Borrower may request, each to be in a form acceptable to the Issuing Lenderapplicable Letter of Credit Bank (hereinafter the Letters of Credit described on Exhibit 2.6 and the standby letters of credit and commercial letters of credit issued on and after the Closing Date pursuant to this Section 2.6, together with all extensions, renewals, modifications and replacements thereto, shall be referred to as the "Letters of Credit"); provided, however, that (i) no Letter of Credit Bank shall issue any Letter of Credit to the LOC Obligations outstanding shall not at any time exceed TWENTY MILLION DOLLARS ($20,000,000) (extent that immediately after the "LOC Committed Amount") and (ii) issuance of such Letter of Credit the sum of the aggregate outstanding principal amount balance of all Revolving Loans plus LOC and Letter of Credit Obligations plus Swingline Loans shall not at any time would exceed the aggregate Revolving Committed Amountthen applicable Maximum Commitment; provided further, no Letter of Credit Bank shall issue any standby Letter of Credit to the extent that immediately after the issuance of such standby Letter of Credit the Letter of Credit Obligations relating to all standby Letters of Credit would exceed $10,000,000; provided further, the Letters of Credit shall be issued solely for the general corporate purposes of the Borrower. No Letter of Credit shall (x) have an original expiry date a term of more than one year from with the date exception of issuance the Letter of Credit, LC #00300000, xssued by Bank One, N.A. (provided that any such formerly known as The First National Bank of Chicago) in the amount of $327,500.00. No Letter of Credit may contain customary "evergreen" provisions pursuant to which the expiry date is automatically extended by a specific time period unless the Issuing Lender gives notice to the beneficiary of such Letter of Credit at least a specified time period prior to the expiry date then in effect) or (y) as originally issued or as extended, shall have an expiry date extending beyond the date thirty (30) days prior to the Maturity Date. Each Termination Date nor shall any Letter of Credit shall comply with have payment terms which require the related LOC Documents. The issuance and expiry dates of each applicable Letter of Credit shall be Bank to make a Business Daypayment thereunder after the Termination Date.

Issuance. Subject to the terms and conditions hereof and in reliance upon of the representations Letter of Credit Documents, if any, and warranties set forth hereinany other terms and conditions which the Issuing Bank may reasonably require, the Issuing Lender agrees to issue, and each Lender with a Revolving Commitment severally agrees to Lenders will participate in the issuance by the Issuing Lender of, standby Bank from time to time of such Letters of Credit in Dollars from time to time from the Closing Date until the date thirty (30) days prior to the Maturity Date as the Borrower may request, in a form reasonably acceptable to the Issuing LenderBank; provided, however, that (ia) the LOC Letter of Credit Obligations outstanding shall not at any time exceed TWENTY MILLION DOLLARS ($20,000,000) (the "LOC Letter of Credit Committed Amount") Amount and (iib) the sum of the aggregate Working Capital Obligations outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not at any time exceed the aggregate Revolving Credit Committed AmountAmount then in effect. No Letter of Credit shall (x) have an original expiry date more than one year from the date of issuance (provided that any such Letter of Credit may contain customary "evergreen" provisions pursuant to which the expiry date is automatically extended by a specific time period unless the Issuing Lender gives notice to the beneficiary of such Letter of Credit at least a specified time period prior to the expiry date then in effect) or (y) as originally issued or as extended, have an expiry date extending beyond the date thirty that is five (305) days Business Days prior to the Maturity DateDate (but, subject to the foregoing, may provide for automatic renewal in the absence of notice of non-renewal by the Issuing Bank), provided that the Issuing Bank shall not permit any such renewal if it has received notice on or before the day that is two Business Days before the scheduled maturity date of such Letter of Credit from the Agent or Borrower that one or more of the applicable conditions specified in Section 5.3 are not then satisfied. Each Letter of Credit shall comply with the related LOC Letter of Credit Documents. The issuance and expiry dates date of each Letter of Credit shall comply with the related Letter of Credit Documents. The issuance and expiry date of each Letter of Credit shall be a Business Day. The Existing Letters of Credit shall be deemed to have been issued hereunder on the Funding Date, and no request for issuance thereof need be made.

Issuance. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, the Issuing Lender agrees to issue, and each Lender with a Revolving Commitment severally agrees to participate in the issuance by the Issuing Lender of, standby Letters of Credit in Dollars from From time to time from the Closing Date date of this Agreement until the date thirty (30) days prior to three months before the Maturity Date as Date, at the request of the Borrower, the Issuing Bank shall, on any Business Day and on the terms and conditions hereinafter set forth, issue, increase, decrease, amend, or extend the expiration date of Letters of Credit for the account of the Borrower may request(for its own benefit or for the benefit of any of its Subsidiaries). No Letter of Credit will be issued, in a form acceptable to the Issuing Lender; providedincreased, however, that or extended (i) if such issuance, increase, extension or conversion would cause the LOC Obligations outstanding shall not at any time Letter of Credit Exposure to exceed TWENTY MILLION DOLLARS the lesser of (x) $20,000,00010,000,000 or (y) an amount equal to (A) the "LOC Committed Amount") and aggregate Revolving Commitments LESS (iiB) the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not Exposure at any time exceed the aggregate Revolving Committed Amount. No such time; (ii) unless such Letter of Credit shall has an Expiration Date not later than the earlier of (xA) have an original expiry date more than one year from after the date of issuance thereof and (provided that any such Letter of Credit may contain customary "evergreen" provisions pursuant to which the expiry date is automatically extended by a specific time period unless the Issuing Lender gives notice to the beneficiary of such Letter of Credit at least a specified time period prior to the expiry date then in effectB) or (y) as originally issued or as extended, have an expiry date extending beyond the date thirty (30) days one day prior to the Maturity Date. Each ; (iii) unless such Letter of Credit shall comply with is in form and substance acceptable to the related LOC Documents. The issuance and expiry dates of each Issuing Bank; (iv) unless such Letter of Credit is a standby letter of credit not supporting the repayment of indebtedness for borrowed money of any Person; (v) unless the Borrower has delivered to the Issuing Bank the completed and executed Letter of Credit Documents (other than the Letter of Credit) on such Issuing Bank's standard form, which shall be a Business Daycontain terms no more restrictive than the terms of this Agreement; (vi) unless such Letter of Credit is governed by the International Standby Practices (1998) ("ISP") or any successor to the ISP; and (vii) unless no Default has occurred and is continuing or would result from the issuance of such Letter of Credit. If the terms of any of the Letter of Credit Documents referred to in the foregoing clause (v) conflicts with the terms of this Agreement, the terms of this Agreement shall control.

Issuance. Subject to the terms and conditions hereof and in reliance upon of the representations Letter of Credit Documents, if any, and warranties set forth hereinany other terms and conditions which the Issuing Bank may reasonably require, the Issuing Lender agrees to issue, and each Lender with a Revolving Commitment severally agrees to Lenders will participate in the issuance by the Issuing Lender of, standby Bank from time to time of such Letters of Credit in Dollars from time to time from the Closing Date until the date thirty (30) days prior to the Maturity Date as the Borrower may request, in a form reasonably acceptable to the Issuing LenderBank; provided, however, that (ia) the LOC Letter of Credit Obligations outstanding shall not at any time exceed TWENTY MILLION DOLLARS ($20,000,000) (the "LOC Letter of Credit Committed Amount") Amount and (iib) the sum of the aggregate Working Capital Obligations outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not at any time exceed the aggregate lesser of (A) the Revolving Credit Committed AmountAmount then in effect and (B) the Borrowing Base. No Letter of Credit shall (x) have an original expiry date more than one year from the date of issuance (provided that any such Letter of Credit may contain customary "evergreen" provisions pursuant to which the expiry date is automatically extended by a specific time period unless the Issuing Lender gives notice to the beneficiary of such Letter of Credit at least a specified time period prior to the expiry date then in effect) or (y) as originally issued or as extended, have an expiry date extending beyond the date thirty Maturity Date (30) days prior but, subject to the Maturity Dateforegoing, may provide for automatic renewal in the absence of notice of non-renewal by the Issuing Bank). Each Letter of Credit shall comply with the related LOC Letter of Credit Documents. The issuance and expiry dates date of each Letter of Credit shall comply with the related Letter of Credit Documents. The issuance and expiry date of each Letter of Credit shall be a Business Day. The Existing Letters of Credit shall be deemed to have been issued hereunder on the Closing Date, and no request for issuance thereof need be made.

Issuance. Subject to the terms and conditions hereof and in reliance upon of the representations Letter of Credit Documents, if any, and warranties set forth hereinany other terms and conditions which the Issuing Bank may reasonably require, the Issuing Lender agrees to issue, and each Lender with a Revolving Commitment severally agrees to Lenders will participate in the issuance by the Issuing Lender of, standby Bank from time to time of such Letters of Credit in Dollars from time to time from the Closing Date until the date thirty (30) days prior to the Maturity Date as the Borrower Borrowers may request, in a form acceptable to the Issuing LenderBank; provided, however, that (ia) the LOC Letter of Credit -------- ------- Obligations outstanding shall not at any time exceed TWENTY SEVEN MILLION DOLLARS ($20,000,0007,000,000) (the "LOC Letter of Credit Committed Amount") and (iib) the sum of the --------------------------------- aggregate outstanding principal amount of outstanding Revolving Loans plus LOC Letter of Credit ---- Obligations plus Swingline Loans outstanding shall not at any time exceed the aggregate lesser of (i) the Revolving Credit Committed AmountAmount and (ii) the Revolving Credit Borrowing Base. No Letter of Credit shall (x) have an original expiry date more than one year from the date of issuance (provided that any such Letter of Credit may contain customary "evergreen" provisions pursuant to which the expiry date is automatically extended by a specific time period unless the Issuing Lender gives notice to the beneficiary of such Letter of Credit at least a specified time period prior to the expiry date then in effect) or (y) as originally issued or as extended, have an expiry date extending beyond the date thirty (30) days prior to the Maturity Date. Each Letter of Credit shall comply with the related LOC Letter of Credit Documents. The issuance and expiry dates date of each Letter of Credit shall comply with the related Letter of Credit Documents. The issuance and expiry date of each Letter of Credit shall be a Business Day.

Issuance. Subject During the Commitment Period, subject to the terms and -------- conditions hereof and in reliance upon of the representations LOC Documents, if any, and warranties set forth hereinsuch other terms and conditions which the Issuing Lender may reasonably require, the Issuing Lender agrees to shall issue, and each Lender with a the Revolving Commitment severally agrees to Lenders shall participate in the issuance by the Issuing Lender ofin, standby such Letters of Credit in Dollars from time to time from the Closing Date until the date thirty (30) days prior to the Maturity Date as the Borrower may requestrequest for its own account or for the account of another Credit Party as provided herein, in a form acceptable to the Issuing Lender, for the purposes hereinafter set forth; provided, however, provided that (i) the aggregate -------- amount of LOC Obligations outstanding shall not at any time exceed TWENTY FIVE MILLION DOLLARS ($20,000,0005,000,000) at any time (the "LOC Committed Amount") and ), (ii) with regard to the sum of Revolving Lenders -------------------- collectively, the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not outstanding at any time shall not exceed the aggregate Aggregate Revolving Committed Amount, and (iii) with regard to each Revolving Lender individually, such Revolving Lender's Revolving Commitment Percentage of Revolving Obligations outstanding at any time shall not exceed such Revolving Lender's Revolving Commitment. No Letter Letters of Credit issued hereunder shall (x) not have an original expiry date more than one year from the date of issuance (provided that any such Letter of Credit may contain customary "evergreen" provisions pursuant to which the or extension, nor an expiry date is automatically extended by a specific time period unless the Issuing Lender gives notice to the beneficiary of such Letter of Credit at least a specified time period prior to the expiry date then in effect) or (y) date, whether as originally issued or as extendedby extension, have an expiry date extending beyond the date thirty (30) days prior to the Maturity Termination Date. Each Letter of Credit shall comply with the related LOC Documents. The issuance and expiry dates date of each Letter of Credit shall be a Business Day.

Issuance. Subject to the terms and conditions hereof and in reliance upon of any Credit Document relating to the representations Credit-Linked Letter of Credit, and warranties set forth hereinany other terms and conditions which the Credit-Linked Issuing Bank may reasonably require, during the Credit-Linked Commitment Period the Credit-Linked Issuing Lender agrees to Bank shall issue, and each Lender with a Revolving Commitment severally agrees to the Credit-Linked Lenders shall participate in the issuance by the Issuing Lender ofin, standby Letters Credit-Linked Letter of Credit in Dollars for the account of the Borrower from time to time from upon request in substantially the Closing Date until the date thirty (30) days prior to the Maturity Date as the Borrower may request, in a form acceptable to the Issuing Lenderof Exhibit B-5; provided, however, that (iA) the LOC Obligations outstanding shall not at any time exceed TWENTY MILLION DOLLARS ($20,000,000) (the "LOC Committed Amount") and (ii) the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans Credit-Linked Letter of Credit Usage shall not at any time exceed the aggregate Revolving lesser of (x) Three Hundred Fifty One Million Three Hundred Seventeen Thousand Eight Hundred and Five Dollars and Fifty Cents ($351,317,805.50) (the “Credit-Linked LOC Committed Amount. No ”) and (y) the principal amount of the Credit-Linked Deposit plus the principal amount of the Cash Collateral Deposit, (B) with regard to each Credit-Linked Lender individually, (x) the sum of such Credit-Linked Lender’s Credit-Linked Commitment Percentage of the outstanding Credit-Linked Letter of Credit Usage shall not exceed such Credit-Linked Lender’s Credit-Linked Deposit and (y) such Credit-Linked Lender’s Credit-Linked Commitment Percentage of the aggregate principal amount of any outstanding Credit-Linked Letter of Credit Usage or any outstanding Term Loans, if converted, shall not at any time exceed such Credit-Linked Lender’s Credit-Linked Commitment, (C) with regard to the Credit-Linked Lenders collectively, the sum of the aggregate principal amount of outstanding Credit-Linked Letter of Credit Usage or outstanding Term Loans, if converted, shall not at any time exceed the Credit-Linked LOC Committed Amount then in effect minus the aggregate amount of the Cash Collateral Deposit, (D) no Credit-Linked Letter of Credit may be issued without the Administrative Agent confirming in writing to any Credit-Linked Issuing Bank (other than the Administrative Agent in its capacity as a Credit-Linked Issuing Bank) that, after giving effect to the issuance of such Credit-Linked Letter of Credit, the requirement set forth in clause (C) above shall be satisfied, (E) the Credit-Linked Letter of Credit shall be denominated in Dollars and (xF) the Credit-Linked Letter of Credit shall be issued in connection with the Judgment. Except as otherwise expressly agreed upon by all the Credit-Linked Lenders, the Credit-Linked Letter of Credit shall have an original expiry date of not more than one year twelve (12) months from the date of issuance (provided that any such issuance; provided, however, the expiry date of the Credit-Linked Letter of Credit may contain customary "evergreen" provisions pursuant be extended annually or periodically from time to which time at the expiry date is automatically extended request of the Borrower or by a specific time period unless operation of the Issuing Lender gives notice to terms of the beneficiary of such Credit-Linked Letter of Credit at least to a specified time period prior to date not more than twelve (12) months from the expiry date then in effectof extension; provided, further, that (x) or (y) the Credit-Linked Letter of Credit, as originally issued or as extended, shall not have an expiry date extending beyond the date thirty that is ten (3010) days prior to the Credit-Linked Maturity DateDate and (y) if an Event of Default exists at the time any Credit-Linked Letter of Credit is to be extended, the Credit-Linked Issuing Bank may or, at the direction of Credit-Linked Lenders holding more than 50% of the Credit-Linked Commitments, shall refuse to extend such Credit-Linked Letter of Credit, in which case such Credit-Linked Letter of Credit shall terminate at the end of the current term thereof. Each The Credit-Linked Letter of Credit shall comply with the related LOC Documentsterms of any Credit Document relating to the Credit-Linked Letter of Credit. The issuance and expiry dates date of each the Credit-Linked Letter of Credit shall be a Business Day.

Issuance. Subject to the terms and conditions hereof and in reliance upon of the representations Letter of Credit Documents, if any, and warranties set forth hereinany other terms and conditions which the Issuing Bank may reasonably require, the Issuing Lender agrees LC 56 Lenders will participate to issue, and each Lender with a Revolving Commitment severally agrees to participate the extent of their respective Participation Interests in the issuance by the Issuing Lender of, standby Bank from time to time of such Letters of Credit in Dollars from time to time from the Closing Date until the date thirty (30) days prior to the Maturity Date as the Borrower may request, in a form acceptable to the Issuing LenderBank; providedPROVIDED, howeverHOWEVER, that (ia) the LOC Letter of Credit Obligations outstanding shall not at any time exceed TWENTY an amount (the "LETTER OF CREDIT COMMITTED AMOUNT") equal to THIRTY-FIVE MILLION DOLLARS ($20,000,000) (the "LOC Committed Amount"35,000,000) and (iib) the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus LOC PLUS the Letter of Credit Obligations plus Swingline Loans shall not at any time exceed the aggregate lesser of (i) the Revolving Credit Committed AmountAmount and (ii) the Borrowing Base. No Letter of Credit shall (x) have an original expiry date more than one year from the date of issuance (provided that any such Letter of Credit may contain customary "evergreen" provisions pursuant to which the expiry date is automatically extended by a specific time period unless the Issuing Lender gives notice to the beneficiary of such Letter of Credit at least a specified time period prior to the expiry date then in effect) or (y) as originally issued or as extended, have an expiry date extending beyond the date thirty (30) days prior to the Maturity Date. Each Letter of Credit shall comply with the related LOC Letter of Credit Documents. The issuance and expiry dates date of each Letter of Credit shall comply with the related Letter of Credit Documents. The issuance and expiry date of each Letter of Credit shall be a Business Day. The Existing Letters of Credit shall be deemed to have been issued hereunder on the Closing Date, and no request for issuance thereof need be made.