L/C Commitment. (a) Subject to the terms and conditions hereof, -------------- the Issuing Lender, in reliance on the agreements of the other Revolving Lenders set forth in Section 3.4(a), agrees to issue letters of credit ("Letters of ---------- Credit") for the account of the Borrower on any Business Day during the ------ Revolving Commitment Period in such form as may be approved from time to time by the Issuing Lender; provided that the Issuing Lender shall have no obligation to -------- issue any Letter of Credit if, after giving effect to such issuance, (i) the L/C Obligations would exceed the L/C Commitment, (ii) the aggregate amount of the Available Revolving Commitments would be less than zero or (iii) the sum of the then outstanding L/C Obligations, Revolving Loans and Swingline Loans would exceed the Borrowing Base then in effect. Each Letter of Credit shall (i) be denominated in Dollars, (ii) have a face amount of at least $100,000 (unless otherwise agreed by the Issuing Lender) and (iii) expire no later than the date that is five Business Days prior to the Revolving Termination Date.
Appears in 2 contracts
Samples: Credit Agreement (Lexar Media Inc), Guarantee and Collateral Agreement (Lexar Media Inc)
L/C Commitment. (a) Subject to the terms and conditions hereof, -------------- the each Issuing Lender, in reliance on the agreements of the other Revolving Lenders set forth in Section 3.4(a), agrees to issue letters of credit ("Letters of ---------- Credit") for the account of the either Borrower on any Business Day during the ------ Revolving Commitment Period in such form as may be approved from time to time by the relevant Issuing Lender; provided that the such Issuing Lender shall have no obligation to -------- issue any Letter of Credit if, after giving effect to such issuance, (i) the L/C Obligations would exceed the L/C Commitment, Commitment or (ii) the aggregate amount of the Available Revolving Commitments would be less than zero or (iii) the sum of the then outstanding L/C Obligations, Revolving Loans and Swingline Loans would exceed the Borrowing Base then in effectzero. Each Letter of Credit shall (i) be denominated in Dollars, (ii) have a face amount of at least $100,000 50,000 (unless otherwise agreed by the relevant Issuing Lender) and (iii) expire no not later than the earlier of (x) the first anniversary of its date of issuance and (y) the date that is five Business Days prior to the Revolving Termination Date, provided that any Letter of Credit with a one-year term may provide for the renewal thereof for additional one-year periods (which shall in no event extend beyond the date referred to in clause (y) above).
Appears in 2 contracts
Samples: Credit Agreement (Interstate Bakeries Corp/De/), Credit Agreement (Interstate Bakeries Corp/De/)
L/C Commitment. (a) Subject to the terms and conditions hereof, -------------- the each Issuing Lender, in reliance on the agreements of the other US$ Revolving Lenders set forth in Section 3.4(a), agrees to issue letters of credit ("“Letters of ---------- Credit"”) for the account of the Borrower on any Business Day during the ------ US$ Revolving Commitment Period in such form as may be approved from time to time by the such Issuing Lender; provided provided, that the such Issuing Lender shall have no obligation to -------- issue any Letter of Credit if, after giving effect to such issuance, (i) the L/C Obligations would exceed the L/C Commitment, Commitment or (ii) the aggregate amount of the Available US$ Revolving Commitments would be less than zero or (iii) the sum of the then outstanding L/C Obligations, Revolving Loans and Swingline Loans would exceed the Borrowing Base then in effectzero. Each Letter of Credit shall (i) be denominated in Dollars, (ii) have a face amount of at least $100,000 250,000 (unless otherwise agreed by the such Issuing Lender) and (iii) expire no later than the earlier of (x) the first anniversary of its date of issuance and (y) the date that is five Business Days prior to the Revolving Termination Date, provided that any Letter of Credit with a one-year term may provide for the renewal thereof for additional one-year periods (which shall in no event extend beyond the date referred to in clause (y) above).
Appears in 2 contracts
Samples: Credit Agreement (Church & Dwight Co Inc /De/), Credit Agreement (Church & Dwight Co Inc /De/)
L/C Commitment. (a) Subject to the terms and conditions hereof, -------------- the Issuing Lender, in reliance on the agreements of the other Revolving Lenders set forth in Section 3.4(a3.10(a), agrees to issue letters of credit ("“Letters of ---------- Credit"”) for the account of the Borrower on any Business Day during the ------ Revolving Commitment Period in such form as may be approved agreed from time to time by between the Issuing LenderLender and Borrower; provided that the Issuing Lender shall have no obligation to -------- not issue any Letter of Credit if, (i) after giving effect to such issuance, (i) the L/C Obligations would exceed the L/C Commitment, (ii) after giving effect to such issuance, the aggregate amount of the Available Revolving Commitments would be less than zero zero, or (iii) the sum it has received notice of the then outstanding L/C Obligations, Revolving Loans and Swingline Loans would exceed the Borrowing Base then in effectany existing Default or Event of Default. Each Letter of Credit shall (i) be denominated in Dollars, and (ii) have a face amount of at least $100,000 (unless otherwise agreed by the Issuing Lender) and (iii) expire no later than the earlier of (x) the first anniversary of its date of issuance and (y) unless cash collateralized in an account at the Issuing Bank, the date that is five Business Days prior to the Revolving Termination Date, provided that any Letter of Credit with a one-year term may provide for the renewal thereof for additional one-year periods (which shall in no event extend beyond the date referred to in clause (y) above).
Appears in 2 contracts
Samples: Credit Agreement (Protection One Alarm Monitoring Inc), Credit Agreement (Protection One Alarm Monitoring Inc)
L/C Commitment. (a) Subject to the terms and conditions -------------------- hereof, -------------- the Issuing Lender, in reliance on the agreements of the other Revolving Lenders set forth in Section 3.4(a), agrees to issue letters of credit ("Letters ------- of ---------- Credit") for the account of the Borrower on any Business Day during the ------ --------- Revolving Commitment Period in such form as may be approved from time to time by the Issuing Lender; provided that the Issuing Lender shall have no obligation to -------- not issue any Letter -------- of Credit if, after giving effect to such issuance, (i) the L/C Obligations would exceed the L/C Commitment, Commitment or (ii) the aggregate amount of the Available Revolving Commitments would be less than zero or (iii) the sum of the then outstanding L/C Obligations, Revolving Loans and Swingline Loans would exceed the Borrowing Base then in effectzero. Each Letter of Credit shall (i) be denominated in Dollars, (ii) have a face amount of at least $100,000 500,000 (unless otherwise agreed by the Issuing Lender) and (iii) expire no later than the earlier of (x) the first anniversary of its date of issuance and (y) the date that is five Business Days prior to the Revolving Termination Date, provided -------- that any Letter of Credit with a one-year term may provide for the renewal thereof for additional one-year periods (which shall in no event extend beyond the date referred to in clause (y) above).
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L/C Commitment. (a) Subject to the terms and conditions hereof, -------------- the Issuing Lender, in reliance on the agreements of the other Revolving Lenders set forth in Section 3.4(a), agrees to issue letters of credit ("Letters of ---------- Credit") for the account of the Borrower on any Business Day during the ------ Revolving Commitment Period in such form as may be approved from time to time by the Issuing Lender; provided that the Issuing Lender shall have no obligation to -------- issue any Letter of Credit if, after giving effect to such issuance, (i) the L/C Obligations would exceed the L/C Commitment, Commitment or (ii) the aggregate amount of the Available Revolving Commitments would be less than zero or (iii) the sum of the then outstanding L/C Obligations, Revolving Loans and Swingline Loans would exceed the Borrowing Base then in effectzero. Each Letter of Credit shall (i) be denominated in Dollars, (ii) have a face amount of at least $100,000 250,000 (unless otherwise agreed by the Issuing Lender) and (iii) expire no later than the earlier of (x) the first anniversary of its date of issuance and (y) the date that is five Business Days prior to the Revolving Termination Date, provided that any Letter of Credit with a one-year term may provide for the renewal thereof for additional one-year periods (which shall in no event extend beyond the date referred to in clause (y) above).
Appears in 1 contract
Samples: Credit Agreement (National Financial Partners Corp)
L/C Commitment. (a) Subject to the terms and conditions hereof, -------------- the each Issuing Lender, in reliance on the agreements of the other Revolving Lenders set forth in Section 3.4(a), agrees to issue letters of credit ("Letters of ---------- Credit") for the account of the Borrower on any Business Day during the ------ Revolving Commitment Period in such form as may be approved from time to time by the such Issuing Lender; provided that the no Issuing Lender shall have no obligation to -------- issue any Letter of Credit if, after giving effect to such issuance, (i) the L/C Obligations would exceed the L/C Commitment, Commitment or (ii) the aggregate amount of the Available Revolving Commitments would be less than zero or (iii) the sum of the then outstanding L/C Obligations, Revolving Loans and Swingline Loans would exceed the Borrowing Base then in effectzero. Each Letter of Credit shall (i) be denominated in Dollars, (ii) unless otherwise agreed by the Administrative Agent and the relevant Issuing Lender, have a face amount of at least $100,000 (unless otherwise agreed by the Issuing Lender) 500,000 and (iii) expire no later than the earlier of (x) the first anniversary of its date of issuance and (y) the date that is five Business Days prior to the Revolving Termination Date, provided that any Letter of Credit with a one-year term may provide for the renewal thereof for additional one-year periods (which shall in no event extend beyond the date referred to in clause (y) above).
Appears in 1 contract
L/C Commitment. (a) Subject to the terms and conditions hereof, -------------- the Issuing Lender, in reliance on the agreements of the other Revolving Lenders set forth in Section 3.4(a), agrees to issue letters of credit ("“Letters of ---------- Credit"”) for the account of the Borrower on any Business Day during the ------ Revolving Commitment Period in such form as may be reasonably approved from time to time by the Issuing Lender; provided that the Issuing Lender shall have no obligation to -------- issue any Letter of Credit if, after giving effect to such issuance, (i) the L/C Obligations would exceed the L/C Commitment, Commitment or (ii) the aggregate amount of the Available Revolving Commitments would be less than zero or (iii) the sum of the then outstanding L/C ObligationsObligations and the aggregate principal amount of all outstanding Revolving Loans, Revolving Swingline Loans and Swingline Loans the Magellan Reserve would exceed the Borrowing Base then in effectTotal Revolving Commitments. Each Letter of Credit shall (i) be denominated in Dollars, Dollars and (ii) have a face amount of at least $100,000 (unless otherwise agreed by the Issuing Lender) and (iii) expire no later than the earlier of (x) the first anniversary of its date of issuance and (y) the date that is five Business Days prior to the Revolving Termination Date, provided that any Letter of Credit with a one-year term may provide for the renewal thereof for additional one-year periods (which shall in no event extend beyond the date referred to in clause (y) above).
Appears in 1 contract
L/C Commitment. (a) Subject to the terms and conditions hereof, -------------- the Issuing Lender, in reliance on the agreements of the other Revolving Lenders set forth in Section 3.4(a3.8(a), agrees to issue letters of credit ("Letters of ---------- Credit") for the account of the Borrower on any Business Day during the ------ Revolving Commitment Period in such form as may be approved from time to time by the Issuing Lender; provided that the Issuing Lender shall have no obligation to -------- issue any Letter of Credit if, after giving effect to such issuance, (i) the L/C Obligations would exceed the L/C Commitment, Commitment or (ii) the aggregate amount of the Available Revolving Commitments would be less than zero or (iii) the sum of the then outstanding L/C Obligations, Revolving Loans and Swingline Loans would exceed the Borrowing Base then in effectzero. Each Letter of Credit shall (i) be denominated in Dollars, (ii) have a face amount of at least $100,000 5,000 (unless otherwise agreed by the Issuing Lender) and (iii) expire no later than the earlier of (x) the first anniversary of its date of issuance and (y) the date that is five Business Days prior to the Revolving Termination Date, provided that any Letter of Credit with a one-year term may provide for the renewal thereof for additional one-year periods (which shall in no event extend beyond the date referred to in clause (y) above).
Appears in 1 contract
Samples: Credit Agreement (Del Frisco's Restaurant Group, LLC)
L/C Commitment. (a) Subject to the terms and conditions hereof, -------------- the Issuing Lender, in reliance on the agreements of the other Revolving Lenders set forth in Section 3.4(a3.11(a), agrees to issue standby letters of credit ("“Letters of ---------- Credit"”) for the account of the Borrower on any Business Day during the ------ Revolving Commitment Period in such form as may be approved from time to time by the Issuing Lender; provided that the Issuing Lender shall have no obligation to -------- issue any Letter of Credit if, after giving effect to such issuance, (i) the L/C Obligations would exceed the L/C Commitment, Commitment or (ii) the aggregate amount of the Available Revolving Commitments would be less than zero or (iii) the sum of the then outstanding L/C Obligations, Revolving Loans and Swingline Loans would exceed the Borrowing Base then in effectzero. Each Letter of Credit shall (i) be denominated in Dollars, (ii) have a face amount of at least $100,000 1,000,000 (unless otherwise agreed by the Issuing Lender) and (iii) expire no later than the earlier of (x) the first anniversary of its date of issuance and (y) the date that is five Business Days prior to the Revolving Termination Date, provided that any Letter of Credit with a one-year term may provide for the renewal thereof for additional one-year periods (which shall in no event extend beyond the date referred to in clause (y) above).
Appears in 1 contract
L/C Commitment. (a) Subject to the terms and conditions hereof, -------------- the each Issuing Lender, in reliance on the agreements of the other Revolving Lenders set forth in Section 3.4(a), agrees to issue letters of credit ("“Letters of ---------- Credit"”) for the account of the Borrower on any Business Day during the ------ a Revolving Commitment Period in such form as may be approved from time to time by the such Issuing LenderLender (it being understood that any commercial Letter of Credit shall provide for sight drafts and not bankers acceptances); provided that the no Issuing Lender shall have no obligation to -------- issue any Letter of Credit if, after giving effect to such issuance, (i) the L/C Obligations would exceed the L/C Commitment, Commitment or (ii) the aggregate amount of the Available Revolving Commitments (excluding Revolving A Commitments) would be less than zero or (iii) the sum of the then outstanding L/C Obligations, Revolving Loans and Swingline Loans would exceed the Borrowing Base then in effectzero. Each Letter of Credit shall (i) be denominated in Dollars, Dollars and (ii) have a face amount of at least $100,000 (unless otherwise agreed by the Issuing Lender) and (iii) expire no later than the date that is five Business Days prior to earlier of (x) the Revolving Termination Date.- 82-
Appears in 1 contract
Samples: Credit Agreement (Cco Holdings LLC)
L/C Commitment. (a) Subject a)Subject to the terms and conditions hereof, -------------- the each Issuing Lender, in reliance on the agreements of the other Revolving Lenders set forth in Section 3.4(a), agrees to issue letters of credit ("“Letters of ---------- Credit"”) for the account of the Borrower on any Business Day during the ------ Revolving Commitment Period in such form as may be approved from time to time by the such Issuing Lender; provided that the such Issuing Lender shall have no obligation to -------- issue any Letter of Credit if, after giving effect to such issuance, (i) the L/C Obligations of such Issuing Lender would exceed the L/C CommitmentCommitment of such Issuing Lender then in effect, or (ii) the aggregate amount of the Available Revolving Commitments would be less than zero or (iii) the sum of the then outstanding L/C Obligations, Revolving Loans and Swingline Loans would exceed the Borrowing Base then in effectzero. Each Letter of Credit shall (i) be denominated in Dollars, Dollars and (ii) have a face amount of at least $100,000 (unless otherwise agreed by the Issuing Lenderexcept as provided in Section 3.1(b) and (iii) below, expire no later than the earlier of (x) the first anniversary of its date of issuance and (y) the date that is five Business Days prior to the Revolving Termination Date, provided that any Letter of Credit with a one-year term may provide for the renewal thereof for additional one-year periods (which shall in no event extend beyond the date referred to in clause (y) above).
Appears in 1 contract
L/C Commitment. (a) Subject to the terms and conditions hereof, the -------------- the Issuing Lender, in reliance on the agreements of the other Revolving Lenders set forth in Section 3.4(a), agrees to issue letters of credit ("Letters of ---------- Credit") ----------------- for the account of the Borrower on any Business Day during the ------ Revolving Commitment Period in such form as may be approved from time to time by the Issuing Lender; provided that the Issuing Lender shall have no obligation to -------- not issue any Letter of -------- Credit if, after giving effect to such issuance, (i) the L/C Obligations would exceed the L/C Commitment, Commitment or (ii) the aggregate amount of the Available Revolving Commitments would be less than zero or (iii) the sum of the then outstanding L/C Obligations, Revolving Loans and Swingline Loans would exceed the Borrowing Base then in effectzero. Each Letter of Credit shall (i) be denominated in Dollars, (ii) have a face amount of at least $100,000 500,000 (unless otherwise agreed by the Issuing Lender) and (iii) expire no later than the earlier of (x) the first anniversary of its date of issuance and (y) the date that is five Business Days prior to the Revolving Termination Date, provided -------- that any Letter of Credit with a one-year term may provide for the renewal thereof for additional one-year periods (which shall in no event extend beyond the date referred to in clause (y) above).
Appears in 1 contract
L/C Commitment. (a) Subject to the terms and conditions hereof, -------------- the each Issuing Lender, in reliance on the agreements of the other Revolving Credit Lenders set forth in Section 3.4(a), agrees to issue letters of credit ("Letters of ---------- CreditLETTERS OF CREDIT") for the account of the Borrower or any other Group Member on any Business Day during the ------ Revolving Credit Commitment Period commencing on the Issuing Lender Availability Date and in such form as may be approved from time to time by the such Issuing Lender; provided PROVIDED, that the no Issuing Lender shall have no any obligation to -------- issue any Letter of Credit if, after giving effect to such issuance, (i) the L/C Obligations would exceed the L/C Commitment, Commitment or (ii) the aggregate amount of the Available Revolving Credit Commitments would be less than zero or (iii) the sum of the then outstanding zero. Each Domestic L/C Obligations, Revolving Loans and Swingline Loans would exceed the Borrowing Base then in effect. Each Letter of Credit shall (i) be denominated in Dollars, Dollars and (ii) have a face amount of at least $100,000 (unless otherwise agreed by the Issuing Lender) and (iii) expire no later than the earlier of (x) the first anniversary of its date that of issuance and (y) the date which is five Business Days prior to the Revolving Credit Termination Date.; PROVIDED that any Letter of Credit with a one-year term may provide for the
Appears in 1 contract
Samples: Credit Agreement (Capital Environmental Resource Inc)
L/C Commitment. (a) Subject to the terms and conditions hereof, the -------------- the Issuing Lender, in reliance on the agreements of the other Revolving Credit Lenders set forth in Section 3.4(a), agrees to issue letters of credit ("Letters -------------- ------- of ---------- Credit") for the account of the Borrower on --------- any Business Day during prior to the ------ Revolving Commitment Period Credit Termination Date in such form as may be approved from time to time by the Issuing Lender; provided that the -------- Issuing Lender shall have no obligation to -------- issue any Letter of Credit if, if (i) after giving effect to such issuance, (iA) the L/C Obligations would exceed the L/C Commitment, Commitment or (B) the Total Revolving Extensions of Credit would exceed the Total Revolving Credit Commitments or (ii) it has received notice from the aggregate amount Administrative Agent that the issuance of the Available Revolving Commitments would be less than zero or such Letter of Credit will violate clause (iiii) the sum of the then outstanding L/C Obligations, Revolving Loans and Swingline Loans would exceed the Borrowing Base then in effectabove. Each Letter of Credit shall (i) be denominated in Dollars, Dollars and ---------- (ii) have a face amount of at least $100,000 (unless otherwise agreed by the Issuing Lender) and (iii) expire no later than the earlier of (x) the first anniversary of its date that of issuance and (y) the date which is five 30 Business Days prior to the then scheduled Revolving Credit Termination Date.; provided that any Letter of Credit -------- with a one-year term may provide for the renewal thereof for additional one-year periods (which shall in no event extend beyond the date referred to in clause ------ (y) above). ---
Appears in 1 contract
Samples: Credit Agreement (Grubb & Ellis Co)
L/C Commitment. (a) Subject a)Subject to the terms and conditions hereof, -------------- the theeach Issuing Lender, in reliance on the agreements of the other Revolving Lenders set forth in Section 3.4(a), agrees to issue letters of credit ("“Letters of ---------- Credit"”) for the account of the Borrower on any Business Day during the ------ Revolving Commitment Period in such form as may be approved from time to time by the thesuch Issuing Lender; provided that the thesuch Issuing Lender shall have no obligation to -------- issue any Letter of Credit if, after giving effect to such issuance, (i) the L/C Obligations of such Issuing Lender would exceed the L/C CommitmentCommitment of such Issuing Lender then in effect, or (ii) the aggregate amount of the Available Revolving Commitments would be less than zero or (iii) the sum of the then outstanding L/C Obligations, Revolving Loans and Swingline Loans would exceed the Borrowing Base then in effectzero. Each Letter of Credit shall (i) be denominated in Dollars, Dollars and (ii) have a face amount of at least $100,000 (unless otherwise agreed by the Issuing Lenderexcept as provided in Section 3.1(b) and (iii) below, expire no later than the earlier of (x) the first anniversary of its date of issuance and (y) the date that is five Business Days prior to the Revolving Termination Date, provided that any Letter of Credit with a one-year term may provide for the renewal thereof for additional one-year periods (which shall in no event extend beyond the date referred to in clause (y) above).
Appears in 1 contract
L/C Commitment. (a) Subject to the terms and conditions hereof, -------------- the each Issuing Lender, in reliance on the agreements of the other Revolving Lenders set forth in Section 3.4(a), agrees to issue letters of credit ("Letters of ---------- Credit") for the account of the Borrower on any Business Day during the ------ Revolving Commitment Period in such form as may be approved from time to time by the such Issuing Lender; provided that the such Issuing Lender shall have no obligation to -------- issue any Letter of Credit if, after giving effect to such issuance, (i) the L/C Obligations would exceed the L/C Commitment, Commitment or (ii) the aggregate amount of the Available Revolving Commitments would be less than zero or (iii) the sum of the then outstanding L/C Obligations, Revolving Loans and Swingline Loans would exceed the Borrowing Base then in effectzero. Each Letter of Credit shall (i) be denominated in Dollars, (ii) have a face amount of at least $100,000 250,000 (unless otherwise agreed by the such Issuing Lender) and (iii) expire no later than the earlier of (x) the first anniversary of its date of issuance and (y) the date that is five Business Days prior to the Revolving Termination Date, provided that any Letter of Credit with a one-year term may provide for the renewal thereof for additional one-year periods (which shall in no event extend beyond the date referred to in clause (y) above).
Appears in 1 contract