Letter of Credit Payments. If any draft shall be presented for payment under any Letter of Credit, the relevant Issuing Bank shall promptly notify the Borrower by telephone (confirmed in writing) of the date and amount thereof and whether such Issuing Bank has made or will make a payment thereunder. The responsibility of such Issuing Bank to the Borrower in connection with any draft presented for payment under any Letter of Credit shall, in addition to any payment obligation expressly provided for in such Letter of Credit, be limited to determining that the documents (including each draft) delivered under such Letter of Credit in connection with such presentment are in conformity with such Letter of Credit.
Appears in 23 contracts
Samples: Credit Agreement (Centerpoint Energy Resources Corp), Credit Agreement (Centerpoint Energy Resources Corp), Credit Agreement (Centerpoint Energy Resources Corp)
Letter of Credit Payments. If any draft shall be presented for payment under any Letter of Credit, the relevant applicable Issuing Bank shall promptly Lender shall, within one (1) Business Day after receipt thereof, notify the Borrower by telephone (confirmed in writing) and the Administrative Agent of the date and amount thereof and whether together with a copy of such Issuing Bank has made or will make a payment thereunderdraft. The responsibility of such any Issuing Bank Lender to the Borrower in connection with any draft presented for payment under any Letter of Credit shall, in addition to any payment obligation expressly provided for in such Letter of Credit, be limited to determining that the documents (including each draft) delivered under such Letter of Credit in connection with such presentment are substantially in conformity with such Letter of Credit.
Appears in 9 contracts
Samples: Credit Agreement (M/I Homes, Inc.), Credit Agreement (M/I Homes, Inc.), Credit Agreement (M I Homes Inc)
Letter of Credit Payments. If any draft or drawing request shall be presented for payment under any Letter of Credit, the relevant applicable Issuing Bank shall promptly notify the Borrower by telephone (confirmed in writing) for whose account such Letter of Credit was issued of the date and amount thereof and whether such Issuing Bank has made or will make a payment thereunderthereof. The responsibility of such an Issuing Bank to the Borrower Borrowers in connection with any draft presented for payment under any Letter of Credit shall, in addition to any payment obligation expressly provided for in such Letter of Credit, be limited to determining that the documents (including each draftdraft or drawing request, if presentation of draft or drawing request is called for) delivered under such Letter of Credit in connection with such presentment are substantially in conformity with such Letter of Credit.
Appears in 8 contracts
Samples: Credit Agreement (Deere & Co), Credit Agreement (Deere John Capital Corp), Credit Agreement (Deere John Capital Corp)
Letter of Credit Payments. If any draft shall be presented for payment under any Letter of Credit, the relevant Issuing Bank shall promptly Lender shall, within one (1) Business Day after receipt thereof, notify the Borrower by telephone (confirmed in writing) of the date and amount thereof and whether together with a copy of such Issuing Bank has made or will make a payment thereunderdraft. The responsibility of such the Issuing Bank Lender to the Borrower in connection with any draft presented for payment under any Letter of Credit shall, in addition to any payment obligation expressly provided for in such Letter of Credit, be limited to determining that the documents (including each draft) delivered under such Letter of Credit in connection with such presentment are substantially in conformity with such Letter of Credit.
Appears in 7 contracts
Samples: Credit Agreement (Lennar Corp /New/), Credit Agreement (Meritage Homes CORP), Credit Agreement (Meritage Homes CORP)
Letter of Credit Payments. If any draft shall be presented for payment under any Letter of Credit, the relevant applicable Issuing Bank shall, within the period stipulated by the terms and conditions of such Letter of Credit, examine the draft presented for payment under such Letter of Credit. Such Issuing Bank shall promptly after such examination notify the Borrower by telephone (confirmed in writing) Company of the date and amount thereof and whether such Issuing Bank has made or will make a payment thereunderthereof. The responsibility of such Issuing Bank to the Borrower Company in connection with any draft presented for payment under any Letter of Credit shall, in addition to any payment obligation expressly provided for in such Letter of Credit, be limited to determining that the documents (including each draft) delivered under such Letter of Credit in connection with such presentment are in substantial conformity with such Letter of Credit.
Appears in 3 contracts
Samples: Credit Agreement (Humana Inc), Credit Agreement (Humana Inc), Credit Agreement (Humana Inc)
Letter of Credit Payments. If any draft shall be presented for payment under any Letter of Credit, the relevant Issuing Bank Lender shall promptly notify the relevant Borrower by telephone (confirmed in writing) of the date and amount thereof and whether such Issuing Bank has made or will make a payment thereunderthereof. The responsibility of such the relevant Issuing Bank Lender to the relevant Borrower in connection with any draft presented for payment under any Letter of Credit shall, in addition to any payment obligation expressly provided for in such Letter of CreditCredit issued by such Issuing Lender, be limited to determining that the documents (including each draft) delivered under such Letter of Credit in connection with such presentment are substantially in conformity with such Letter of Credit.
Appears in 3 contracts
Samples: Credit Agreement (Six Flags, Inc.), Credit Agreement (Six Flags Inc), Credit Agreement (Premier Parks Inc)
Letter of Credit Payments. If any draft shall be presented for payment under any Letter of Credit, the relevant Issuing Bank Lender shall promptly notify the Borrower by telephone (confirmed in writing) or the respective Subsidiary Guarantor of the date and amount thereof and whether such Issuing Bank has made or will make a payment thereunderthereof. The responsibility of such the Issuing Bank Lender to the Borrower or the respective Subsidiary Guarantor in connection with any draft presented for payment under any Letter of Credit shall, in addition to any payment obligation expressly provided for in such Letter of Credit, be limited to determining that the documents (including each draft) delivered under such Letter of Credit in connection with such presentment are in conformity with such Letter of Credit.
Appears in 3 contracts
Samples: Credit Agreement (Landstar System Inc), Credit Agreement (Landstar System Inc), Credit Agreement (Landstar System Inc)
Letter of Credit Payments. If any draft shall be presented for payment under any Letter of Credit, the relevant applicable Issuing Bank Lender that issued such Letter of Credit shall promptly notify the Borrower by telephone (confirmed in writing) of the date and amount thereof and whether such Issuing Bank has made or will make a payment thereunderthereof. The responsibility of such each Issuing Bank Lender to the Borrower in connection with any draft presented for payment under any Letter of Credit shall, in addition to any payment obligation expressly provided for in such Letter of Credit, be limited to determining causing the applicable Issuing Lender that has issued such Letter of Credit to determine that the documents (including each draft) delivered under such Letter of Credit in connection with such presentment are substantially in conformity with such Letter of Credit.
Appears in 2 contracts
Samples: Amendment and Restatement Agreement (KAR Auction Services, Inc.), Credit Agreement (KAR Auction Services, Inc.)
Letter of Credit Payments. If any draft shall be presented for payment under any Letter of Credit, the relevant Lender that caused such Letter of Credit to be issued shall promptly upon receiving notice from the applicable Issuing Bank shall promptly notify the Borrower by telephone (confirmed in writing) Company of the date and amount thereof and whether such Issuing Bank has made or will make a payment thereunderthereof. The responsibility of such Issuing Bank each Lender to the Borrower Borrowers in connection with any draft presented for payment under any Letter of Credit shall, in addition to any payment obligation expressly provided for in such Letter of Credit, be limited to determining causing the applicable Issuing Bank to determine that the documents (including each draft) delivered under such Letter of Credit in connection with such presentment are substantially in conformity with such Letter of Credit.
Appears in 2 contracts
Samples: Revolving Credit Agreement (NRG Energy, Inc.), Revolving Credit Agreement (Genon Americas Generation LLC)
Letter of Credit Payments. If any draft shall be presented for payment under any Letter of Credit, the relevant Issuing Bank Lender shall promptly notify the Borrower by telephone (confirmed in writing) or the UK Borrower, as applicable, of the date and amount thereof and whether such Issuing Bank has made or will make a payment thereunderthereof. The responsibility of such the relevant Issuing Bank Lender to the Borrower or the UK Borrower, as the case may be, in connection with any draft presented for payment under any Letter of Credit shall, in addition to any payment obligation expressly provided for in such Letter of Credit, be limited to determining that the documents (including each draft) delivered under such Letter of Credit in connection with such presentment are in conformity in all material respects with such Letter of Credit.
Appears in 2 contracts
Samples: Three Year Competitive Revolving Credit Agreement, Credit Facility Agreement (Raytheon Co/)
Letter of Credit Payments. If any draft shall be presented for payment under any Letter of Credit, the relevant Issuing Bank shall promptly notify the Borrower by telephone (confirmed in writingby facsimile) of the date and amount thereof and whether such the Issuing Bank has made or will make a payment thereunder. The responsibility of such the Issuing Bank to the Borrower in connection with any draft presented for payment under any Letter of Credit shall, in addition to any payment obligation expressly provided for in such Letter of Credit, be limited to determining that the documents (including each draft) delivered under such Letter of Credit in connection with such presentment are in conformity with such Letter of Credit.
Appears in 2 contracts
Samples: Credit Agreement (Centerpoint Energy Inc), Credit Agreement (Centerpoint Energy Inc)
Letter of Credit Payments. If any draft shall be presented for payment to the ISSUING BANK under any Letter of CreditLETTER OF CREDIT, the relevant Issuing Bank ISSUING BANK shall promptly notify the Borrower by telephone (confirmed in writing) BORROWERS of the date and amount thereof and whether such Issuing Bank has made or will make a payment thereunderthereof. The responsibility of such Issuing Bank the ISSUING BANK to the Borrower BORROWERS in connection with any draft presented for payment under any Letter of Credit LETTER OF CREDIT shall, in addition to any payment obligation expressly provided for in such Letter of CreditLETTER OF CREDIT, be limited to determining that the documents (including each draft) delivered under such Letter of Credit LETTER OF CREDIT in connection with such presentment are in conformity with such Letter of CreditLETTER OF CREDIT.
Appears in 1 contract
Letter of Credit Payments. If any draft shall be presented for payment under any Letter of Credit, the relevant Issuing Bank shall Issuer will promptly notify the Borrower by telephone (confirmed in writing) of the date (the "Disbursement Date") such payment (each such payment, a "Disbursement") will be made and the amount thereof and whether such Issuing Bank has made or will make a payment thereunderthereof. The responsibility of such Issuing Bank the Issuer to the Borrower in connection with any draft presented for payment under any Letter of Credit shallwill, in addition to any payment obligation expressly provided for in such Letter of Credit, be limited to determining that the documents (including each draft) delivered under such Letter of Credit in connection with such presentment are substantially in conformity with such Letter of Credit.
Appears in 1 contract
Letter of Credit Payments. If any draft shall be presented for payment or any payment is otherwise demanded under any Letter of Credit (including any Existing Letter of Credit), the relevant Issuing Bank shall promptly notify the Borrower by telephone (confirmed in writing) of the date and amount thereof and whether such Issuing Bank has made or will make a payment thereunderthereof. The responsibility of such the Issuing Bank to the Borrower in connection with any draft presented for payment or other payment demanded under any Letter of Credit (including any Existing Letter of Credit) shall, in addition to any payment obligation expressly provided for in such Letter of Credit, be limited to determining that the documents (including each draft) delivered under such Letter of Credit in connection with such presentment are in conformity with such Letter of Credit.
Appears in 1 contract
Samples: Credit Agreement (Audiovox Corp)
Letter of Credit Payments. If any draft in Dollars or any Optional Currency shall be presented for payment under any Letter of Credit, the relevant Issuing Bank Lender shall promptly notify the Borrower by telephone (confirmed in writing) and the Administrative Agent of the date and amount thereof and whether such Issuing Bank has made of the Dollars or will make a payment thereunderthe Optional Currency thereof. The responsibility of such the Issuing Bank Lender to the Borrower in connection with any draft presented for payment under any Letter of Credit shall, in addition to any payment obligation expressly provided for in such Letter of Credit, be limited to determining that the documents (including each draft) delivered under such Letter of Credit in connection with such presentment are in conformity with such Letter of Credit.
Appears in 1 contract
Samples: Credit Agreement (Scotts Company)
Letter of Credit Payments. If any draft shall be presented for payment under any Letter of Credit, the relevant Issuing Bank Issuer shall promptly notify the Borrower by telephone (confirmed in writing) of the date (the “Disbursement Date”) such payment (each such payment, a “Disbursement”) shall be made and the amount thereof and whether such Issuing Bank has made or will make a payment thereunderthereof. The responsibility of such Issuing Bank the Issuer to the Borrower in connection with any draft presented for payment under any Letter of Credit shall, in addition to any payment obligation expressly provided for in such Letter of Credit, be limited to determining that the documents (including each draft) delivered under such Letter of Credit in connection with such presentment are substantially in conformity with such Letter of Credit.
Appears in 1 contract
Letter of Credit Payments. If any draft shall be presented for payment under any Letter of Credit, the relevant Issuing Bank Lender shall promptly notify the Borrower by telephone (confirmed in writing) of the date and amount thereof and whether such Issuing Bank has made or will make a payment thereunderthereof. The responsibility of such the Issuing Bank Lender to the Borrower in connection with any draft presented for payment under any Letter of Credit shall, in the absence of gross negligence or willful misconduct by the Issuing Lender and in addition to any payment obligation expressly provided for in such Letter of Credit, be limited to determining that the documents (including each draft) delivered under such Letter of Credit in connection with such presentment are in conformity with such Letter of Credit.
Appears in 1 contract
Samples: Credit Agreement (Smith Corona Corp)
Letter of Credit Payments. If any draft shall be presented for payment under any Letter of Credit, the relevant Issuing Bank shall, within the period stipulated by the terms and conditions of such Letter of Credit, examine the draft presented for payment under such Letter of Credit. The Issuing Bank shall promptly after such examination notify the Borrower by telephone (confirmed in writing) Company of the date and amount thereof and whether such Issuing Bank has made or will make a payment thereunderthereof. The responsibility of such the Issuing Bank to the Borrower Company in connection with any draft presented for payment under any Letter of Credit shall, in addition to any payment obligation expressly provided for in such Letter of Credit, be limited to determining that the documents (including each draft) delivered under such Letter of Credit in connection with such presentment are in substantial conformity with such Letter of Credit.
Appears in 1 contract
Samples: Credit Agreement (Humana Inc)
Letter of Credit Payments. If any draft shall be presented for payment under any Letter of Credit, the relevant Issuing Bank Lender shall promptly notify the applicable Revolving Borrower by telephone (confirmed in writing) for whose account or at whose request such Letter of Credit has been issued and the Administrative Agent of the date and amount thereof and whether such Issuing Bank has made or will make a payment thereunderthereof. The responsibility of the Issuing Lender to such Issuing Bank to the Revolving Borrower in connection with any draft presented for payment under any Letter of Credit shall, in addition to any payment obligation expressly provided for in such Letter of Credit, be limited to determining that the documents (including each draft) delivered under such Letter of Credit in connection with such presentment are substantially in conformity with such Letter of Credit.
Appears in 1 contract
Letter of Credit Payments. . If any draft shall be presented for payment under any Letter of Credit, the relevant Issuing Bank shall Lender shall, within the period stipulated by terms and conditions of the Letter of Credit, examine the drawing documents and promptly notify the Borrower by telephone (confirmed in writing) of the date and amount thereof and whether such Issuing Bank has made or will make a payment thereunderthereof. The responsibility of such the relevant Issuing Bank Lender to the Borrower in connection with any draft presented for payment under any Letter of Credit shall, in addition to any payment obligation expressly provided for in such Letter of Credit, be limited to determining that the documents (including each draft) delivered under such Letter of Credit in connection with such presentment are in conformity in all material respects with such Letter of Credit.
Appears in 1 contract
Samples: Competitive Advance and Revolving Credit Agreement (Raytheon Co/)
Letter of Credit Payments. If any draft shall be presented for payment to the Issuing Bank under any Letter of Credit, the relevant Issuing Bank shall promptly notify the Borrower by telephone (confirmed in writing) of the date and amount thereof and whether such Issuing Bank has made or will make a payment thereunderthereof. The responsibility of such the Issuing Bank to the Borrower in connection with any draft presented for payment under any Letter of Credit shall, in addition to any payment obligation expressly provided for in such Letter of CreditCredit and any other obligation expressly imposed by the Uniform Customs, be limited to determining that the documents (including each draft) delivered under such Letter of Credit in connection with such presentment are in conformity with such Letter of Credit.
Appears in 1 contract
Samples: Credit Agreement (Transaction Network Services Inc)
Letter of Credit Payments. If any draft shall be presented for payment under any Letter of Credit, the relevant Issuing Bank Lender that issued it shall promptly (and in any event within one Business Day) notify the Borrower by telephone (confirmed in writing) of the date and amount thereof and whether such Issuing Bank has made or will make a payment thereunderthereof. The responsibility of such an Issuing Bank Lender to the Borrower in connection with any draft presented for payment under any Letter of Credit issued by it shall, in addition to any payment obligation expressly provided for in such Letter of Credit, be limited to determining that the documents (including each draft) delivered under such Letter of Credit in connection with such presentment are substantially in conformity with such Letter of Credit.
Appears in 1 contract