Common use of Letter of Credit Guaranty Clause in Contracts

Letter of Credit Guaranty. (a) In order to assist the Borrower in establishing or opening standby letters of credit, which shall not have expiration dates later than the Final Maturity Date (each a "Letter of Credit"), with the L/C Issuer, the Borrower has requested the Funding Agent to join in the applications for such Letters of Credit, and/or guarantee payment or performance of such Letters of Credit and any drafts thereunder through the issuance of a Letter of Credit Guaranty, thereby lending the Funding Agent's credit to that of the Borrower, and the Funding Agent has agreed to do so. These arrangements shall be coordinated by the Funding Agent, subject to the terms and conditions set forth below. The Funding Agent shall not be required to be the issuer of any Letter of Credit. The Borrower will be the account party for the application for each Letter of Credit, which shall be in form and substance satisfactory to the Funding Agent and the L/C Issuer or on a computer transmission system approved by the Funding Agent and the L/C Issuer, or such other written form or computer transmission system as may from time to time be approved by the Funding Agent and the L/C Issuer, and shall be duly completed in a manner and at a time reasonably acceptable to the Funding Agent, together with such other certificates, agreements, documents and other papers and information as the Funding Agent and the L/C Issuer may reasonably request, which shall include, without limitation, the requested date of issuance and the name and address of the beneficiary (the "Letter of Credit Application"). In the event of any conflict between the terms of any Letter of Credit Application and this Agreement, for purposes of this Agreement, the terms of this Agreement shall control.

Appears in 1 contract

Samples: Financing Agreement (Atp Oil & Gas Corp)

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Letter of Credit Guaranty. (a) In order to assist the Borrower Borrowers in establishing or opening standby letters of credit, which shall not have expiration dates later than that exceed one year from the Final Maturity Date date of issuance (each a "Letter of Credit"), with the L/C Issuer, the Borrower has Borrowers have requested the Funding Agent to join in the applications for such Letters of Credit, and/or guarantee payment or performance of such Letters of Credit and any drafts thereunder through the issuance of a Letter of Credit Guaranty, thereby lending the Funding Agent's credit to that of the BorrowerBorrowers, and the Funding Agent has agreed to do so. These arrangements shall be coordinated by the Funding Agent, subject to the terms and conditions set forth below. The Funding Agent shall not be required to be the issuer of any Letter of Credit. The applicable Borrower will be the account party for the application for each Letter of Credit, which shall be substantially in the form and substance satisfactory to the Funding Agent and the L/C Issuer of Exhibit G hereto or on a computer transmission system approved by the Funding Agent and the L/C Issuer, or such other written form or computer transmission system as may from time to time be approved by the Funding Agent and the L/C Issuer, and shall be duly completed in a manner and at a time reasonably acceptable to the Funding Agent, together with such other certificates, agreements, documents and other papers and information as the Funding Agent and the L/C Issuer may reasonably request, which shall include, without limitation, the requested date of issuance and the name and address of the beneficiary request (the "Letter of Credit Application"). In the event of any conflict between the terms of any Letter of Credit Application and this Agreement, for purposes of this Agreement, the terms of this Agreement shall control.

Appears in 1 contract

Samples: Financing Agreement (North Atlantic Trading Co Inc)

Letter of Credit Guaranty. (a) In order to assist the Borrower in establishing or opening standby letters of credit, which shall not have expiration dates later than that exceed 365 days from the Final Maturity Date date of issuance (each a the "Letter of CreditLETTERS OF CREDIT"), with the L/C IssuerIssuing Lender, the Borrower has requested the Funding Agent to join in the applications for such Letters of Credit, to cause the issuance and/or guarantee payment or performance of such Letters of Credit and any drafts thereunder through the issuance of a Letter of Credit Guaranty, thereby lending the Funding Agent's credit to that of the Borrower, and the Funding Agent has agreed to do so. These arrangements shall be coordinated by the Funding Agent, Agent subject to the terms and conditions set forth below. The Funding Agent shall not be required to be the issuer of any Letter of Credit. The Borrower Borrower, or at the Funding Agent's discretion, the Funding Agent, will be the account party for the application for each a Letter of Credit, which shall be in a form and substance satisfactory to customarily used by the Funding Agent and or the L/C Issuer Issuing Lender or on a computer transmission system approved by the Funding Agent and the L/C Issuer, Issuing Lender or such other written form or computer transmission system as may from time to time be approved by the Funding Agent Issuing Lender and the L/C IssuerFunding Agent, and shall be duly completed in a manner and at a time reasonably acceptable to the Funding Agent, together with such other certificates, agreements, documents and other papers and information as the Issuing Lender or the Funding Agent and may reasonably request (the "L/C Issuer may reasonably request, which shall include, without limitation, the requested date of issuance and the name and address of the beneficiary (the "Letter of Credit ApplicationAPPLICATION"). In the event of any conflict between the terms of any Letter of Credit the L/C Application and this Agreement, for purposes of this Agreement, the terms of this Agreement shall control.

Appears in 1 contract

Samples: Credit Agreement (Belden & Blake Corp /Oh/)

Letter of Credit Guaranty. (a) In order to assist the Borrower Borrowers in establishing or opening documentary and standby letters of credit, which shall not have expiration dates later than that exceed 365 days (or such longer period as may be approved by the Final Maturity Date Required Lenders) from the date of issuance (each a the "Letter Letters of Credit"), with the L/C Issuer, the Borrower has Borrowers have requested the Funding Agent CIT to join in the applications for such Letters of Credit, and/or guarantee payment or performance of such Letters of Credit and any drafts thereunder through the issuance of a Letter of Credit Guaranty, thereby lending the Funding AgentCIT's credit to that of the BorrowerBorrowers, and the Funding Agent CIT has agreed to do so. These arrangements shall be coordinated by the Funding Agent, CIT subject to the terms and conditions set forth below. The Funding Agent CIT shall not be required to be the issuer of any Letter of Credit. The Borrower Borrowers will be the account party for the each application for each a Letter of Credit, which shall be substantially in the form and substance satisfactory to the Funding Agent and the L/C Issuer of Exhibit E hereto or on a computer transmission system approved by the Funding Agent CIT and the L/C Issuer, Issuer or such other written form or computer written transmission system as may from time to time be approved by the Funding Agent and the L/C IssuerIssuer and CIT, and shall be duly completed in a manner and at a time reasonably acceptable to the Funding AgentCIT, together with such other certificates, agreements, documents and other papers and information as the Funding Agent and the L/C Issuer or CIT may reasonably request, which shall include, without limitation, the requested date of issuance and the name and address of the beneficiary request (the "Letter of Credit Application"). In the event of any conflict between the terms of any the Letter of Credit Application and this Agreement, for purposes of this Agreement, the terms of this Agreement shall control.

Appears in 1 contract

Samples: Financing Agreement (Aris Industries Inc)

Letter of Credit Guaranty. (a) In order to assist the Borrower Borrowers in establishing or opening standby documentary letters of creditcredit with the Letter of Credit Issuer, which shall not have expiration dates later than that exceed 180 days from the Final Maturity date of issuance thereof or that exceed 30 days prior to the Revolving Credit Termination Date (each a the "Letter Letters of Credit"), with ) the L/C Issuer, Borrowers have requested that the Borrower has requested the Funding Agent to join in the applications for such Letters of Credit, and/or guarantee payment or performance of such Letters of Credit and any drafts thereunder through the issuance of a Letter of Credit Guaranty, thereby lending the Funding Agent's credit to that of the BorrowerBorrowers, and the Funding Agent has agreed to do so. These arrangements shall be coordinated handled by the Funding Agent, Agent subject to the terms and conditions set forth below. The Funding Agent shall not be required to be the issuer of any Letter of Credit. The Borrower Borrowers will be be, jointly and severally, the account party for the any application for each a Letter of Credit, which application shall be in the form and substance satisfactory to the Funding Agent and the L/C Issuer or on a computer transmission system approved by the Funding Agent and the L/C Issuer, or such other written form or computer transmission system as may from time to time be approved by the Funding Letter of Credit Issuer and the Agent and the L/C Issuer, and which shall be duly completed in a manner and at a time reasonably acceptable to the Funding AgentAgent (such application, together with such other certificates, agreements, documents and other papers and information as the Funding Letter of Credit Issuer or the Agent and the L/C Issuer may reasonably request, which shall include, without limitation, the requested date of issuance and the name and address of the beneficiary (collectively the "Letter of Credit Application"). In the event of any conflict between the terms of any Letter The Letters of Credit Application and this Agreement, for purposes shall be issued with respect to transactions occurring in the ordinary course of this Agreement, the terms business of this Agreement shall controlthe Borrowers.

Appears in 1 contract

Samples: Credit Agreement (Donnkenny Inc)

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Letter of Credit Guaranty. (a) In order to assist the Borrower Borrowers in establishing or opening standby letters Letters of creditCredit, which shall not have expiration dates later than that exceed two hundred and seventy (270) days from the Final Maturity Date (each a "Letter date of Credit")issuance, with the L/C Issuer, the Borrower has Borrowers have requested the Funding Agent and/or one or more of the Lenders to join in the applications for such Letters of Credit, and/or guarantee payment or performance of such Letters of Credit and any drafts thereunder through the issuance of a Letter of Credit Guaranty, thereby lending the Funding Agent's ’s and/or such Lender’s credit to that of the BorrowerBorrowers, and the Funding Agent has and/or one or more Lenders have agreed to do so. These arrangements shall be coordinated by the Funding Agent, Agent subject to the terms and conditions set forth below. The Funding Agent and the Lenders shall not be required to be the issuer of any Letter of Credit. The Borrower Borrowers will be the account party for the application for each a Letter of Credit, which shall be substantially in the form and substance satisfactory to the Funding Agent and the L/C Issuer of Exhibit K hereto or on a computer transmission system approved by the Funding Agent and the L/C Issuer, Issuer or such other written form or computer transmission system as may from time to time be approved by the Funding Agent and the L/C IssuerIssuer and the Agent, and shall be duly completed in a manner and at a time reasonably acceptable to the Funding Agent, together with such other certificates, agreements, documents and other papers and information as the Funding Agent and the L/C Issuer or the Agent may reasonably request, which shall include, without limitation, the requested date of issuance and the name and address of the beneficiary request (the "Letter of Credit Application"). In the event of any conflict between the terms of any the Letter of Credit Application and this Agreement, for purposes of this Agreement, the terms of this Agreement shall control.

Appears in 1 contract

Samples: Financing Agreement (Frederick's of Hollywood Group Inc /Ny/)

Letter of Credit Guaranty. (a) In order to assist the Borrower Subsidiary Borrowers in establishing or opening documentary and standby letters of credit, which shall not have expiration dates later than that exceed 270 days in the Final Maturity Date case of documentary letters of credit and 365 days in the case of standby letters of credit (each a or such longer periods as may be approved by the Agents from the date of issuance (the "Letter Letters ------- of Credit"), with the L/C Issuer, the Borrower has Borrowers have requested one or more of ---------- the Funding Agent Agents to join in the applications for such Letters of Credit, and/or guarantee payment or performance of such Letters of Credit and any drafts thereunder through the issuance of a Letter of Credit Guaranty, thereby lending the Funding Agent's such Agents' credit to that of the BorrowerBorrowers, and the Funding Agent has agreed Agents hereby agree to do so. These arrangements shall be coordinated by the Funding Agent, Agents subject to the terms and conditions set forth below. The Funding No Agent shall not be required to be the issuer of any Letter of Credit. The A Subsidiary Borrower will be the account party for the each application for each a Letter of Credit, which shall be substantially in the form and substance satisfactory to the Funding Agent and the L/C Issuer of Exhibit E hereto or on a computer transmission system approved by the Funding Agent Agents and the L/C Issuer, Issuer or such other written form or computer written transmission system as may from time to time be approved by the Funding Agent and the L/C IssuerIssuer and the Agents, and shall be duly completed in a manner and at a time reasonably acceptable to the Funding AgentAgents, together with such other certificates, agreements, documents and other papers and information as the Funding Agent and the L/C Issuer or the Agents may reasonably request, which shall include, without limitation, the requested date of issuance and the name and address of the beneficiary request (the "Letter of Credit ---------------- Application"). In the event of any conflict between the terms of any the Letter of ----------- Credit Application and this Agreement, for purposes of this Agreement, the terms of this Agreement shall control.

Appears in 1 contract

Samples: Financing Agreement (McNaughton Apparel Group Inc)

Letter of Credit Guaranty. (a) In order to assist the Borrower Borrowers in establishing or opening standby letters Letters of creditCredit, which shall not have expiration dates later than that exceed two hundred and seventy (270) days from the Final Maturity Date (each a "Letter date of Credit")issuance, with the L/C Issuer, the Borrower has Borrowers have requested the Funding Agent and/or one or more of the Lenders to join in the applications for such Letters of Credit, and/or guarantee payment or performance of such Letters of Credit and any drafts thereunder through the issuance of a Letter of Credit Guaranty, thereby lending the Funding Agent's ’s and/or such Lender’s credit to that of the BorrowerBorrowers, and the Funding Agent has and/or one or more Lenders have agreed to do so. These arrangements shall be coordinated by the Funding Agent, Agent subject to the terms and conditions set forth below. The Funding Agent and the Lenders shall not be required to be the issuer of any Letter of Credit. The Borrower Borrowers will be the account party for the application for each a Letter of Credit, which shall be substantially in the form and substance satisfactory to the Funding Agent and the L/C Issuer of Exhibit K hereto or on a computer transmission system approved by the Funding Agent and the L/C Issuer, Issuer or such other written form or computer transmission system as may from time to time be approved by the Funding Agent and the L/C IssuerIssuer and the Agent, and shall be duly completed in a manner and at a time reasonably acceptable to the Funding Agent, together with such other certificates, agreements, documents and other papers and information as the Funding Agent and the L/C Issuer or the Agent may reasonably request, which shall include, without limitation, the requested date of issuance and the name and address of the beneficiary request (the "Letter of Credit Application"). In the event of any conflict between the terms of any the Letter of Credit Application and this Agreement, for purposes of this Agreement, the terms of this Agreement shall control.

Appears in 1 contract

Samples: Financing Agreement (Movie Star Inc /Ny/)

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