Common use of Letter of Credit Requests; Minimum Stated Amount Clause in Contracts

Letter of Credit Requests; Minimum Stated Amount. (i) Whenever the Borrower desires that a Letter of Credit be issued for its account, the Borrower shall give the Administrative Agent and the respective Issuing Bank at least five Business Days’ (or such shorter period as is acceptable to such Issuing Bank) written notice thereof (including by way of telecopier or email). Each notice shall be in the form of Exhibit D, appropriately completed (each, a “Letter of Credit Request”). (ii) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the Borrower to the First Out Lenders that such Letter of Credit may be issued in accordance with, and will not violate the requirements of, Section 2.03(b). Unless the respective Issuing Bank has received notice from the Borrower, any other Loan Party or the Majority Lenders before it issues a Letter of Credit that one or more of the conditions specified in Article III are not then satisfied, or that the issuance of such Letter of Credit would violate Section 2.03(b), then such Issuing Bank shall, subject to the terms and conditions of this Agreement, issue the requested Letter of Credit for the account of the Borrower in accordance with such Issuing Bank’s usual and customary practices. Upon the issuance of or modification or amendment to any standby Letter of Credit, each Issuing Bank shall promptly notify the Borrower and the Administrative Agent, in writing of such issuance, modification or amendment and such notice shall be accompanied by a copy of such Letter of Credit or the respective modification or amendment thereto, as the case may be. Promptly after receipt of such notice, the Administrative Agent shall notify the Participants, in writing, of such issuance, modification or amendment. On the first Business Day of each week, each Issuing Bank shall furnish the Administrative Agent with a written (including via telecopier or email) report of the daily aggregate outstandings of trade Letters of Credit issued by such Issuing Bank for the immediately preceding week. The initial Available LC Amount of each Letter of Credit shall not be less than $100,000 or such lesser amount as is acceptable to the respective Issuing Bank.

Letter of Credit Requests; Minimum Stated Amount. (ia) Whenever the Borrower desires that a Letter of Credit be issued for its account, the Borrower shall give the Administrative Agent and the respective Issuing Bank Lender at least five two Business Days’ ' (or such shorter period as is acceptable to such the respective Issuing BankLender) written notice thereof (including by way means of telecopier or email)facsimile transmission) notice thereof. Each such notice shall be in the form of Exhibit D, appropriately completed C (each, each a “"Letter of Credit Request”"). (iib) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the Borrower to the First Out Lenders that (i) such Letter of Credit may be issued in accordance with, and will not violate the requirements of, Section 2.03(b)2.02 and (ii) all of the applicable conditions set forth in Section 5 and 6 shall be met at the time of such issuance. Unless the respective Issuing Bank Lender has received notice from the Borrower, any other Loan Party or the Majority Required Lenders before it issues a Letter of Credit that one or more of the conditions specified in Article III Section 5 are not satisfied on the Effective Date or Section 6 are not then satisfied, or that the issuance of such Letter of Credit would violate Section 2.03(b)2.02, then such Issuing Bank shall, subject to the terms and conditions of this Agreement, Lender may issue the requested Letter of Credit for the account of the Borrower in accordance with such Issuing Bank’s Lender's usual and customary practices. Upon the issuance of or amendment or modification or amendment to any standby Letter of Credit, each the respective Issuing Bank Lender shall promptly notify the Borrower and the Administrative Agent, in writing writing, of such issuance, amendment or modification or amendment and such notice shall be accompanied by a copy of such Letter of Credit issuance, amendment or the respective modification or amendment thereto, as the case may bemodification. Promptly after Upon receipt of such notice, the Administrative Agent shall promptly notify the Participants, in writing, Lenders of such issuance, modification amendment or amendment. On the first Business Day of each week, each Issuing Bank shall furnish the Administrative Agent with a written modification. (including via telecopier or emailc) report of the daily aggregate outstandings of trade Letters of Credit issued by such Issuing Bank for the immediately preceding week. The initial Available LC Stated Amount of each Letter of Credit shall not be less than $100,000 or such lesser amount as is acceptable to the respective Issuing BankLender.

Letter of Credit Requests; Minimum Stated Amount. (ia) Whenever the Borrower desires that a Letter of Credit be issued for its account, the Borrower shall give the Administrative Agent and the respective Issuing Bank Lender at least five Business Days’ (or such shorter period as is acceptable to such Issuing BankLender) written notice thereof (including by way of telecopier or emailfacsimile). Each notice shall be in the form of Exhibit DC or another form acceptable to the Administrative Agent and the respective Issuing Lender, in each case appropriately completed (each, a “Letter of Credit Request”). The Borrower may request to amend or modify an issued Letter of Credit so long as (x) the Borrower shall give the Administrative Agent and the respective Issuing Lender at least five Business Days’ (or such shorter period as is acceptable to such Issuing Lender) written notice thereof (including by way of facsimile) and (y) the issued Letter of Credit as amended or modified is permitted under the terms and conditions herein. (iib) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the Borrower to the First Out Lenders that such Letter of Credit may be issued in accordance with, and will not violate the requirements of, Section 2.03(b). Unless the respective Issuing Bank has received notice from the Borrower, any other Loan Party or the Majority Lenders before it issues a Letter of Credit that one or more of the conditions specified in Article III are not then satisfied, or that the issuance of such Letter of Credit would violate Section 2.03(b), then such Issuing Bank shall, subject to the terms and conditions of this Agreement, issue the requested Letter of Credit for the account of the Borrower in accordance with such Issuing Bank’s usual and customary practices. Upon the issuance of or modification or amendment to any standby Letter of Credit, each Issuing Bank shall promptly notify the Borrower and the Administrative Agent, in writing of such issuance, modification or amendment and such notice shall be accompanied by a copy of such Letter of Credit or the respective modification or amendment thereto, as the case may be. Promptly after receipt of such notice, the Administrative Agent shall notify the Participants, in writing, of such issuance, modification or amendment. On the first Business Day of each week, each Issuing Bank shall furnish the Administrative Agent with a written (including via telecopier or email) report of the daily aggregate outstandings of trade Letters of Credit issued by such Issuing Bank for the immediately preceding week. The initial Available LC Amount of each Letter of Credit shall not be less than $100,000 or such lesser amount as is acceptable to the respective Issuing Bank3.

Letter of Credit Requests; Minimum Stated Amount. (ia) Whenever the Borrower desires that a Letter of Credit be issued for its accountissued, the Borrower shall give the Administrative Agent and the respective Issuing Bank Lender at least five Business Days’ (or such shorter period as is acceptable to such the respective Issuing BankLender) written notice thereof prior to the proposed date of issuance (including by way of telecopier or emailwhich shall be a Business Day). Each notice shall be substantially in the form of Exhibit D, appropriately completed J (each, each a “Letter of Credit Request”). (iib) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the Borrower to the First Out Lenders that such Letter of Credit may be issued in accordance with, and will not violate the requirements of, Section 2.03(b2.01(c). Unless the respective Issuing Bank Lender determines that, or has received notice from the Borrower, any other Loan Party or the Majority Lenders Lender before it issues a Letter of Credit that one or more of the conditions specified in Article III Section 6 are not then satisfied, or that the issuance of such Letter of Credit would violate Section 2.03(b2.01(c) (in which event the Issuing Lender will promptly give notice of such determination made after receipt of the related Letter of Credit Request, or such notice from another Lender made after receipt of the related Letter of Credit Request, to the Borrower), then such Issuing Bank shall, subject to the terms and conditions of this Agreement, Lender shall issue the requested Letter of Credit for the account of the Borrower in accordance with such Issuing BankLender’s usual and customary practices. Upon the issuance of or modification or amendment to any standby Letter of Credit, each Issuing Bank shall promptly notify the Borrower and the Administrative Agent, in writing of such issuance, modification or amendment and such notice shall be accompanied by a copy of such Letter of Credit or the respective modification or amendment thereto, as the case may be. Promptly after receipt of such notice, the Administrative Agent shall notify the Participants, in writing, of such issuance, modification or amendment. On the first Business Day of each week, each Issuing Bank shall furnish the Administrative Agent with a written . (including via telecopier or emailc) report of the daily aggregate outstandings of trade Letters of Credit issued by such Issuing Bank for the immediately preceding week. The initial Available LC Stated Amount of each Letter of Credit shall not be less than $100,000 or such lesser amount as is acceptable to the respective Issuing BankLender.

Letter of Credit Requests; Minimum Stated Amount. (ia) Whenever the Borrower desires that a Letter of Credit be issued for its account, the Borrower shall give the Administrative Agent and the respective Issuing Bank Lender at least five Business Days’ (or such shorter period as is acceptable to such Issuing BankLender) written notice thereof (including by way of telecopier or emailfacsimile). Each notice shall be in the form of Exhibit DC or another form acceptable to the Administrative Agent and the respective Issuing Lender, in each case appropriately completed (each, a “Letter of Credit Request”). The Borrower may request to amend or modify an issued Letter of Credit so long as (x) the Borrower shall give the Administrative Agent and the respective Issuing Lender at least five Business Days’ (or such shorter period as is acceptable to such Issuing Lender) written notice thereof (including by way of facsimile) and (y) the issued Letter of Credit as amended or modified is permitted under the terms and conditions herein. (iib) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the Borrower to the First Out Lenders that such Letter of Credit may be issued in accordance with, and will not violate the requirements of, Section 2.03(b). Unless the respective Issuing Bank has received notice from the Borrower, any other Loan Party or the Majority Lenders before it issues a Letter of Credit that one or more of the conditions specified in Article III are not then satisfied, or that the issuance of such Letter of Credit would violate Section 2.03(b), then such Issuing Bank shall, subject to the terms and conditions of this Agreement, issue the requested Letter of Credit for the account of the Borrower in accordance with such Issuing Bank’s usual and customary practices. Upon the issuance of or modification or amendment to any standby Letter of Credit, each Issuing Bank shall promptly notify the Borrower and the Administrative Agent, in writing of such issuance, modification or amendment and such notice shall be accompanied by a copy of such Letter of Credit or the respective modification or amendment thereto, as the case may be. Promptly after receipt of such notice, the Administrative Agent shall notify the Participants, in writing, of such issuance, modification or amendment. On the first Business Day of each week, each Issuing Bank shall furnish the Administrative Agent with a written (including via telecopier or email) report of the daily aggregate outstandings of trade Letters of Credit issued by such Issuing Bank for the immediately preceding week. The initial Available LC Amount of each Letter of Credit shall not be less than $100,000 or such lesser amount as is acceptable to the respective Issuing Bank.Section

Letter of Credit Requests; Minimum Stated Amount. (ia) Whenever the Borrower desires that a Letter of Credit be issued for its account, the Borrower shall give the Administrative Agent and the respective Issuing Bank Lender at least five three (3) Business Days’ (or such shorter period as is acceptable to such Issuing BankLender) written notice thereof (including by way of telecopier facsimile or emailother electronic means, including pdf) (it being understood that, to the extent applicable, the issuance of any Letter of Credit expressly for the benefit of any parties included in such Letter of Credit shall be contingent upon the Administrative Agent’s and the applicable Issuing Lender’s receipt of any documentation and other information required by regulatory authorities under applicable “know your customer” and anti-money laundering rules and regulations, including the Patriot Act). Each notice shall be in the form of Exhibit DK, appropriately completed (each, a “Letter of Credit Request”). If requested by the applicable Issuing Lender, the Borrower also shall submit a letter of credit application on such Issuing Lender’s standard form in connection with any request for a Letter of Credit; provided that if there is any conflict between the terms of such letter of credit application and this Agreement, then this Agreement shall govern. (iib) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the Borrower to the First Out Lenders that such Letter of Credit may be issued in accordance with, and will not violate the requirements of, Section 2.03(b). Unless the respective Issuing Bank has received notice from the Borrower, any other Loan Party or the Majority Lenders before it issues a Letter of Credit that one or more of the conditions specified in Article III are not then satisfied, or that the issuance of such Letter of Credit would violate Section 2.03(b), then such Issuing Bank shall, subject to the terms and conditions of this Agreement, issue the requested Letter of Credit for the account of the Borrower in accordance with such Issuing Bank’s usual and customary practices. Upon the issuance of or modification or amendment to any standby Letter of Credit, each Issuing Bank shall promptly notify the Borrower and the Administrative Agent, in writing of such issuance, modification or amendment and such notice shall be accompanied by a copy of such Letter of Credit or the respective modification or amendment thereto, as the case may be. Promptly after receipt of such notice, the Administrative Agent shall notify the Participants, in writing, of such issuance, modification or amendment. On the first Business Day of each week, each Issuing Bank shall furnish the Administrative Agent with a written (including via telecopier or email) report of the daily aggregate outstandings of trade Letters of Credit issued by such Issuing Bank for the immediately preceding week. The initial Available LC Amount of each Letter of Credit shall not be less than $100,000 or such lesser amount as is acceptable to the respective Issuing Bank.Section

Letter of Credit Requests; Minimum Stated Amount. (ia) Whenever the Borrower desires that a Letter of Credit be issued for its account, the Borrower shall give the Administrative Agent and the respective Issuing Bank Lender at least five three (3) Business Days’ (or such shorter period as is acceptable to such Issuing BankLender) written notice thereof (including by way of telecopier facsimile or emailother electronic means, including pdf). Each notice shall be in the form of Exhibit DK, appropriately completed (each, a “Letter of Credit Request”). (iib) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the Borrower to the First Out Lenders that such Letter of Credit may be issued in accordance with, and will not violate the requirements of, Section 2.03(b)3.2. Unless the respective Issuing Bank Lender has received notice from the Borrower, any other Loan Party or the Majority Required Lenders before it issues a Letter of Credit that one (1) or more of the conditions specified in Article III Section 7 are not then satisfied, or that the issuance of such Letter of Credit would violate Section 2.03(b)3.2, then such Issuing Bank Lender shall, subject to the terms and conditions of this Agreement, issue the requested Letter of Credit for the account of the Borrower in accordance with such Issuing BankLender’s usual and customary practices. Upon the issuance of or modification or amendment to any standby Letter of Credit, each Issuing Bank Lender shall promptly notify the Borrower and the Administrative Agent, in writing of such issuance, modification or amendment and such notice shall be accompanied by a copy of such Letter of Credit or the respective modification or amendment thereto, as the case may be. Promptly after receipt of such notice, notice the Administrative Agent shall notify the Participants, in writing, of such issuance, modification or amendment. On the first Business Day of each week, each Issuing Bank Lender shall furnish the Administrative Agent with a written (including via telecopier or emailfacsimile) report of the daily aggregate outstandings of trade Letters of Credit issued by such Issuing Bank Lender for the immediately preceding week. Notwithstanding anything to the contrary contained in this Agreement, in the event that a Lender Default exists with respect to any Revolving Lender, no Issuing Lender shall be required to issue, renew, extend or amend any Letter of Credit, unless such Issuing Lender has entered into arrangements satisfactory to it and the Borrower to eliminate such Issuing Lender’s risk with respect to each Defaulting Lender’s participation in Letters of Credit issued by such Issuing Lender (which arrangements are hereby consented to by the Lenders), including by Collateralizing each Defaulting Lender’s RL Percentage of the Letter of Credit Outstandings with respect to such Letters of Credit (such arrangements, the “Letter of Credit Back-Stop Arrangements”). (c) The initial Available LC Stated Amount of each Letter of Credit shall not be less than $100,000 or such lesser amount as is acceptable to the respective Issuing BankLender.

Letter of Credit Requests; Minimum Stated Amount. (i) Whenever the a Co-Borrower desires that a Letter of Credit be issued for its account, the Borrower Funds Administrator shall give the Administrative Agent and the respective Issuing Bank at least five Business Days’ (or such shorter period as is acceptable to such Issuing Bank) written notice thereof (including by way of telecopier or email). Each notice shall be in the form of Exhibit D, appropriately completed (each, a “Letter of Credit Request”). (ii) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the applicable Co-Borrower to the First Out Lenders that such Letter of Credit may be issued in accordance with, and will not violate the requirements of, Section 2.03(b). Unless the respective Issuing Bank has received notice from the Funds Administrator, any Co-Borrower, any other Loan Party or the Majority Lenders before it issues a Letter of Credit that one or more of the conditions specified in Article III are not then satisfied, or that the issuance of such Letter of Credit would violate Section 2.03(b), then such Issuing Bank shall, subject to the terms and conditions of this Agreement, issue the requested Letter of Credit for the account of the applicable Co-Borrower in accordance with such Issuing Bank’s usual and customary practices. Upon the issuance of any Letter of Credit, or modification or amendment to any standby Letter of Credit, each Issuing Bank shall promptly notify the Borrower Funds Administrator and the Administrative Agent, in writing of such issuance, modification or amendment and such notice shall be accompanied by a copy of such Letter of Credit or the respective modification or amendment thereto, as the case may be. Promptly after receipt of such notice, the Administrative Agent shall notify the Participants, in writing, of such issuance, modification or amendment. On the first Business Day of each week, each Issuing Bank shall furnish the Administrative Agent with a written (including via telecopier or email) report of the daily aggregate outstandings of trade Letters of Credit issued by such Issuing Bank for the immediately preceding week. The initial Available LC Amount of each Letter of Credit shall not be less than $100,000 or such lesser amount as is acceptable to the respective Issuing Bank.