Common use of Lc Subfacility Clause in Contracts

Lc Subfacility. (a) Subject to the terms and conditions of this Facility A Agreement and applicable Law, Administrative Agent agrees to issue LCs upon Borrower's application therefor (denominated in Dollars or, upon Borrower's request and subject to this SECTION 2.2, in a Foreign Currency) by delivering to Administrative Agent a properly completed notice (a "NOTICE OF LC," substantially in the form of EXHIBIT B-3) and an LC Agreement with respect thereto no later than 10:00 a.m. Dallas, Texas time three Business Days before such LC is to be issued; provided that (i) on any date of determination and after giving effect to any LC to be issued on such date, the Facility A Commitment Usage (calculated at the then Dollar-Equivalent of that amount) shall never exceed the Facility A Commitment then in effect, (ii) on any date of determination and after giving effect to any LC to be issued on such date, the LC Exposure (calculated at the then Dollar-Equivalent of that amount) shall never exceed the LC Commitment, (iii) at the time of issuance of such LC, no Default or Potential Default shall have occurred and be continuing, and (iv) each LC must expire no later than the earlier of the thirtieth (30th) day prior to the Facility A Termination Date and two years from its issuance; provided that any LC may provide for automatic renewal for successive twelve month periods (but no renewal period may extend beyond the thirtieth (30th) day prior to the Facility A Termination Date) unless Administrative Agent has given prior notice to the applicable beneficiary of its election not to extend such LC.

Appears in 1 contract

Samples: Revolving Credit Agreement (Worldcom Inc /Ga/)

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Lc Subfacility. (a) CONDITIONS. Subject to the terms and conditions of this Facility A Agreement and applicable Law, Administrative Agent agrees to issue LCs upon Borrower's application therefor (denominated in Dollars or, upon Borrower's request and subject to this SECTION 2.2, in a Foreign CurrencyDollars) by delivering to Administrative Agent a properly completed notice (a "NOTICE OF LC," substantially in the form of EXHIBIT B-3) LC Request and an LC Agreement with respect thereto no later than 10:00 a.m. Dallas, Texas time three Business Days before such LC is to be issued; provided that PROVIDED THAT, (i) on any date of determination and after giving effect to any LC to be issued on such date, the Facility A Revolver Commitment Usage (calculated at the then Dollar-Equivalent of that amount) shall never exceed the Facility A Revolver Commitment then in effect, (ii) on any date of determination and after giving effect to any LC to be issued on such date, the LC Exposure (calculated at the then Dollar-Equivalent of that amount) shall never exceed $50,000,000 (as such commitment under the LC CommitmentSubfacility may be reduced or canceled as herein provided), (iii) at the time of issuance of such LC, no Default or Potential Default shall have occurred and be continuing, and (iv) each LC must expire no later than the earlier EARLIER of the thirtieth (30th) 30th day prior to the Facility A Termination Date and two years for the Revolver Facility or one year from its issuance; provided that PROVIDED THAT, any LC may provide for automatic renewal for successive periods of up to twelve month periods months (but no renewal period may extend beyond the thirtieth (30th) 30th day prior to the Facility A Termination DateDate for the Revolver Facility) unless UNLESS Administrative Agent has given prior notice to the applicable beneficiary of its election not to extend such LC.

Appears in 1 contract

Samples: Credit Agreement (Dutchess County Cellular Telephone Co Inc)

Lc Subfacility. (a) a Subject to the terms and conditions of this Facility A Agreement and applicable Law, Administrative Agent agrees to issue LCs upon Borrower's application therefor (denominated in Dollars or, upon Borrower's request and subject to this SECTION 2.2, in a Foreign CurrencyDollars) by delivering to Administrative Agent a properly completed notice (a "NOTICE OF LC," substantially in the form of EXHIBIT B-3) and an LC Agreement with respect thereto no later than 10:00 a.m. Dallas, Texas time three Business Days before such LC is to be issued; provided that PROVIDED THAT, (i) on any date of determination and after giving effect to any LC to be issued on such date, the Facility A Commitment Usage (calculated at the then Dollar-Equivalent of that amount) shall never exceed the Facility A Available Commitment then in effect, (ii) on any date of determination and after giving effect to any LC to be issued on such date, the LC Exposure (calculated at the then Dollar-Equivalent of that amount) shall never exceed the LC Commitment$5,000,000, (iii) at the time of issuance of such LC, no Default or Potential Default shall have occurred and be continuing, and (iv) each LC must expire no later NO LATER than the earlier EARLIER of the thirtieth (30th) 30th day prior to the Facility A Termination Date and two years or one year from its issuance; provided that PROVIDED THAT, any LC may provide for automatic renewal for successive twelve month periods (but no renewal period may extend beyond the thirtieth (30th) 30th day prior to the Facility A Termination Date) unless Administrative Agent has given prior notice to the applicable beneficiary of its election not to extend such LC.

Appears in 1 contract

Samples: Revolving Credit Agreement (Logix Communications Enterprises Inc)

Lc Subfacility. (a) Conditions. Subject to the terms and conditions of this Facility A Agreement and applicable Law, Administrative Agent the applicable LC Issuer agrees to issue LCs upon any Borrower's application therefor (denominated in Dollars or, upon Borrower's Borrowers' request and subject to this SECTION 2.2, in a Foreign an Alternative Currency) by delivering to Administrative Agent and the applicable LC Issuer a properly completed notice (a "NOTICE OF LC," substantially in the form of EXHIBIT B-3) LC Request and an LC Agreement with respect thereto no later than 10:00 a.m. Dallas, Texas time three Business Days before such LC is to be issued; provided that that, (i) on any date of determination and after giving effect to any LC to be issued on such date, the Facility A Dollar Equivalent of the Revolver Commitment Usage (calculated at the then Dollar-Equivalent of that amount) shall never exceed the Facility A Revolver Commitment then in effect, (ii) on any date of determination and after giving effect to any LC to be issued on such date, the Dollar Equivalent of the LC Exposure (calculated at the then Dollar-Equivalent of that amount) shall never exceed $500,000,000 (as such commitment under the LC CommitmentSubfacility may be reduced or canceled as herein provided), (iii) at the time of issuance of such LC, no Default or Potential Default shall have occurred and be continuing, and (iv) each LC must expire no later than the earlier of the thirtieth (30th) day prior to the Facility A Termination Date and two years one year from its issuance; provided that that, any LC may provide for automatic renewal for successive twelve month periods (but no renewal period may extend beyond unless the thirtieth (30th) day prior to the Facility A Termination Date) unless Administrative Agent applicable LC Issuer has given prior notice to the applicable beneficiary of its election not to extend such LC. Prior to issuing any LC, the applicable LC Issuer shall confirm with Administrative Agent that the condition in CLAUSE (i) above is satisfied.

Appears in 1 contract

Samples: Credit Agreement (Affiliated Computer Services Inc)

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Lc Subfacility. (a) a CONDITIONS. Subject to the terms and conditions of this Facility A Agreement and applicable Law, Administrative Agent agrees to issue LCs upon Borrower's application therefor (denominated in Dollars or, upon Borrower's request and subject to this SECTION 2.2, in a Foreign CurrencyDollars) by delivering to Administrative Agent a properly completed notice (a "NOTICE OF LC," substantially in the form Notice of EXHIBIT B-3) LC and an LC Agreement with respect thereto no later than 10:00 a.m. Dallas, Texas time three (3) Business Days before such LC is to be issued; provided that PROVIDED THAT (i) on any date of determination and after giving effect to any LC to be issued on such date, the Facility A Commitment Usage (calculated at the then Dollar-Equivalent of that amount) shall never exceed the Facility A Total Commitment then in effect, (ii) on any date of determination and after giving effect to any LC to be issued on such date, the LC Exposure (calculated at the then Dollar-Equivalent of that amount) shall never exceed the LC Commitment$25,000,000, (iii) at the time of issuance of such LC, no Potential Default or Potential Default shall have occurred and be continuingexist, and (iv) each LC requested by Borrower must be in an amount not less than $1,000,000, and (v) each LC must expire no later NO LATER than the earlier EARLIER of the thirtieth fifteenth (30th15th) day prior to the Facility A Termination Date and two years or one (1) year from its issuance; provided that PROVIDED THAT any LC may provide for automatic renewal for successive twelve (12) month periods (but no renewal period may extend beyond the thirtieth fifteenth (30th15th) day prior to the Facility A Termination Date) unless Administrative Agent has given prior notice to the applicable beneficiary of its election not to extend such LC.

Appears in 1 contract

Samples: Revolving Credit Agreement (Protection One Alarm Monitoring Inc)

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