Letter of Credit Issuer. The Borrower may add a Letter of Credit Issuer at any time upon notice to the Administrative Agent. If the Letter of Credit Issuer shall resign or be replaced, or if the Borrower shall decide to add a new Letter of Credit Issuer under this Agreement, then the Borrower may appoint from among the Lenders a successor issuer of Letters of Credit or a new Letter of Credit Issuer, as the case may be, or, with the consent of the Administrative Agent (such consent not to be unreasonably withheld or delayed), another successor or new issuer of Letters of Credit, whereupon such successor issuer accepting such appointment shall succeed to the rights, powers and duties of the replaced or resigning Letter of Credit Issuer under this Agreement and the other Credit Documents, or such new issuer of Letters of Credit accepting such appointment shall be granted the rights, powers and duties of the Letter of Credit Issuer hereunder, and the term Letter of Credit Issuer shall mean such successor or such new issuer of Letters of Credit effective upon such appointment. At the time such resignation or replacement shall become effective, the Borrower shall pay to the resigning or replaced Letter of Credit Issuer all accrued and unpaid fees applicable to the Letters of Credit pursuant to Sections 4.1(b) and 4.1(d). The acceptance of any appointment as the Letter of Credit Issuer hereunder whether as a successor issuer or new issuer of Letters of Credit in accordance with this Agreement, shall be evidenced by an agreement entered into by such new or successor issuer of Letters of Credit, in a form reasonably satisfactory to the Borrower and the Administrative Agent and, from and after the effective date of such agreement, such new or successor issuer of Letters of Credit shall become the Letter of Credit Issuer hereunder. After the resignation or replacement of the Letter of Credit Issuer hereunder, the resigning or replaced Letter of Credit Issuer shall remain a party hereto and shall continue to have all the rights and obligations of the Letter of Credit Issuer under this Agreement and the other Credit Documents with respect to Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. In connection with any resignation or replacement pursuant to this clause (a) (but, in case of any such resignation, only to the extent that a successor issuer of Letters of Credit shall have been appointed), either (i) ...
Letter of Credit Issuer. Any reference to a “Letter of Credit Issuer” shall refer to a U.S. Letter of Credit Issuer with respect to the U.S. Revolving Facility and a Canadian Letter of Credit Issuer with respect to the Canadian Revolving Facility, as applicable.
Letter of Credit Issuer. The provisions of this Section 11 shall apply to the Letter of Credit Issuer in its capacity as such, mutatis mutandis.
Letter of Credit Issuer. If the U.S. Letter of Credit Issuer so notifies, prior to 11:00 a.m. (New York City time) on any Business Day, any U.S. L/C Participant required to fund its U.S. L/C Participation in a payment under a Letter of Credit, such U.S. L/C Participant shall make available to the Administrative Agent for the account of the U.S. Letter of Credit Issuer such U.S. L/C Participant’s U.S. Revolving Credit Commitment Percentage of the amount of such payment no later than 1:00 p.m. (New York City time) on such Business Day in Dollars and in immediately available funds. If and to the extent such U.S. L/C Participant shall not have so made its U.S. Revolving Credit Commitment Percentage of the amount of such payment available to the Administrative Agent for the account of the U.S. Letter of Credit Issuer, such U.S. L/C Participant agrees to pay to the Administrative Agent for the account of the U.S. Letter of Credit Issuer, forthwith on demand, such amount, together with interest thereon for each day from such date until the date such amount is paid to the Administrative Agent for the account of the U.S. Letter of Credit Issuer at a rate per annum equal to the Overnight Rate from time to time then in effect, plus any administrative, processing or similar fees customarily charged by the U.S. Letter of Credit Issuer in connection with the foregoing. The failure of any U.S. L/C Participant to make available to the Administrative Agent for the account of the U.S. Letter of Credit Issuer its U.S. Revolving Credit Commitment Percentage of any payment under any U.S. Letter of Credit shall not relieve any other U.S. L/C Participant of its obligation hereunder to make available to the Administrative Agent for the account of the U.S. Letter of Credit Issuer its U.S. Revolving Credit Commitment Percentage of any payment under such U.S. Letter of Credit on the date required, as specified above, but no U.S. L/C Participant shall be responsible for the failure of any other U.S. L/C Participant to make available to the Administrative Agent such other U.S. L/C Participant’s U.S. Revolving Credit Commitment Percentage of any such payment.
Letter of Credit Issuer. 9 Loan-to-Value Ratio.............................................. 10
Letter of Credit Issuer. Fleet or such other Person selected by the Administrative Agent to issue Letters of Credit.
Letter of Credit Issuer. Xxxxx Fargo Bank N.A., or any other Lender succeeding to Xxxxx Fargo Bank N.A.’s, agreement to issue Letters of Credit pursuant to Section 3.4.
Letter of Credit Issuer. For purposes of this Section 2.14, the term “Lender” includes any Letter of Credit Issuer.
Letter of Credit Issuer. The Borrowers shall pay directly to the Letter of Credit Issuer for its own account a fronting fee with respect to each Letter of Credit, at a rate equal to 0.125%, computed on the amount of such Letter of Credit (a “Issuing Fee”), and payable upon the issuance or renewal (automatic or otherwise) thereof or upon any amendment increasing the amount thereof. In addition, the Borrowers shall pay directly to the Letter of Credit Issuer for its own account, in Dollars (or if the underlying Letter of Credit is denominated in Canadian Dollars, in Canadian Dollars), the customary issuance, presentation, amendment and other processing fees, and other standard costs and charges, of the Letter of Credit Issuer 82 [Matrix] Credit Agreement #85638137 relating to letters of credit issued by it as from time to time in effect. Such customary fees and standard costs and charges are due and payable on demand and are nonrefundable.
Letter of Credit Issuer. The Borrower also will pay to each Letter of Credit Issuer customary service charges and expenses for its services in connection with the Letters of Credit issued by it at the times and in the amounts from time to time in effect in accordance with its general rate structure, including fees and expenses relating to issuance, amendment, negotiation, cancellation and similar operations.
