Letter of Credit Requests. (a) 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 two Business Days' (or such shorter period as is acceptable to the respective Issuing Bank) written notice thereof. Each notice shall be in the form of Exhibit C (each, a "Letter ------ of Credit Request"). ----------------- (b) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the Borrower that such Letter of Credit may be issued in accordance with, and will not violate the requirements of, Section 2.01(b). Unless the respective Issuing Bank has received notice from any Bank before it issues a Letter of Credit that one or more of the conditions specified in Sections 5 or 6 are not then satisfied, or that the issuance of such Letter of Credit would violate Section 2.01(b), then such Issuing Bank shall issue the requested Letter of Credit for the account of the Borrower in accordance with such Issuing Bank's usual and customary practices. Upon its issuance of any Letter of Credit or any amendment thereto, such Issuing Bank shall promptly notify each Bank of such issuance or amendment, which notice, shall be accompanied by a copy of the amendment or Letter of Credit actually issued.
Appears in 3 contracts
Samples: Credit Agreement (Coinmach Laundry Corp), Credit Agreement (Coinmach Laundry Corp), Credit Agreement (Coinmach Corp)
Letter of Credit Requests. (a) 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 two Business Days' (or such shorter period as is acceptable to the respective Issuing Bank) written notice thereof. Each notice shall be in the form of Exhibit C attached hereto (each, each a "Letter ------ of Credit Request"). -----------------.
(b) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the Borrower that such Letter of Credit may be issued in accordance with, and will not violate the requirements of, Section 2.01(b2.01(c). Unless the respective Issuing Bank has received notice from any Bank before it issues a Letter of Credit that one or more of the conditions specified in Sections Section 5 or Section 6 are not then satisfied, or that the issuance of such Letter of Credit would violate Section 2.01(b2.01(c), then such Issuing Bank shall issue the requested Letter of Credit for the account of the Borrower in accordance with such Issuing Bank's usual and customary practices. Upon its issuance of or amendment to any Letter of Credit or any amendment theretoCredit, such Issuing Bank shall promptly notify each Bank participating therein of such issuance or amendment, which notice, amendment and such notice shall be accompanied by a copy of the amendment or issued Letter of Credit actually issuedor amendment, as the case may be.
Appears in 2 contracts
Samples: Credit Agreement (Atrium Companies Inc), Credit Agreement (H-R Window Supply Inc)
Letter of Credit Requests. (a) 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 Letter of Credit Issuer written notice thereof prior to 12:00 Noon (New York time) at least two five Business Days' Days (or such shorter period as is may be acceptable to the respective Issuing BankLetter of Credit Issuer) prior to the proposed date of issuance (which shall be a Business Day) which written notice thereof. Each notice shall be in the form of Exhibit C (each, a "Letter ------ of Credit Request"). -----------------Each Letter of Credit Request shall include any other documents as such Letter of Credit Issuer customarily requires in connection therewith.
(b) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the Borrower that such Letter of Credit may be issued in accordance with, and it will not violate the requirements of, Section 2.01(bSection
2.01 (c). Unless the respective Issuing Bank Letter of Credit Issuer has received notice from any Bank the Required Banks before it issues a Letter of Credit that one or more of the applicable conditions specified in Sections Section 5 or 6 6, as the case may be, are not then satisfied, or that the issuance of such Letter of Credit would violate Section 2.01(b2.01(c), then such Issuing Bank shall Letter of Credit Issuer may issue the requested Letter of Credit for the account of the Borrower in accordance with such Issuing BankLetter of Credit Issuer's usual and customary practices. Upon its issuance of any Letter of Credit or any amendment thereto, such Issuing Bank shall promptly notify each Bank of such issuance or amendment, which notice, shall be accompanied by a copy of the amendment or Letter of Credit actually issuedpractice.
Appears in 2 contracts
Samples: Credit Agreement (Alliance Imaging of Michigan Inc), Credit Agreement (SMT Health Services Inc)
Letter of Credit Requests. (a) 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 written notice (including by way of facsimile transmission, immediately confirmed in writing by submission of the original of such request by mail to the Issuing Lender) thereof prior to 11:00 A.M. (New York time) at least two five Business Days' Days (or such shorter period as is may be acceptable to the respective Issuing BankLender) prior to the proposed date of issuance (which shall be a Business Day), which written notice thereof. Each notice shall be in the form of Exhibit C (each, a "“Letter ------ of Credit Request"”). -----------------Each Letter of Credit Request shall include any other documents as the Issuing Lender customarily requires in connection therewith.
(b) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the Borrower that such Letter of Credit may be issued in accordance with, and it will not violate the requirements of, Section 2.01(b). Unless the respective Issuing Bank Lender has received notice from the Borrower, any Bank Agent or the Required Lenders before it issues a Letter of Credit that one or more of the applicable conditions specified in Sections Section 5 or 6 are is not then satisfied, or that the issuance of such Letter of Credit would violate Section 2.01(b), then such the Issuing Bank shall Lender may issue the requested Letter of Credit for the account of the Borrower in accordance with such the Issuing Bank's Lender’s usual and customary practices. Upon its issuance of any Letter of Credit or any amendment thereto, such Issuing Bank shall promptly notify each Bank of such issuance or amendment, which notice, shall be accompanied by a copy of the amendment or Letter of Credit actually issuedpractice.
Appears in 2 contracts
Samples: Credit Agreement (Usi Holdings Corp), Credit Agreement (Usi Holdings Corp)
Letter of Credit Requests. (a) Whenever the Borrower desires ------------------------- that a B Letter of Credit be issued for its account, the Borrower shall give the Administrative Agent and the respective B Issuing Bank at least two 7 Business Days' (or such shorter period as is acceptable to the respective B Issuing BankBank in any given case) written notice thereofprior to the proposed date of issuance (which shall be a Business Day). Each notice shall be in the form of Exhibit C (each, a "Letter ------ of Credit Request"). -----------------.
(b) The making of each Letter of Credit Request with respect to a B Letter of Credit shall be deemed to be a representation and warranty by the Borrower that such B Letter of Credit may be issued in accordance with, and will not violate the requirements of, Section 2.01(b1B.01(c). Unless the respective B Issuing Bank has received notice from any Bank before it issues a B Letter of Credit that one or more of the conditions specified in Sections Section 5 or 6 are not then satisfied, or that the issuance of such B Letter of Credit would violate Section 2.01(b1B.01(c), then such B Issuing Bank shall may issue the requested B Letter of Credit for the account of the Borrower in accordance with such the B Issuing Bank's usual and customary practices. Upon its issuance of any Letter of Credit or any amendment thereto, such Issuing Bank shall promptly notify each Bank of such issuance or amendment, which notice, shall be accompanied by a copy of the amendment or Letter of Credit actually issued.
Appears in 2 contracts
Samples: Credit Agreement (Hq Global Holdings Inc), Credit Agreement (Frontline Capital Group)
Letter of Credit Requests. (a) 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 two 7 Business Days' (or such shorter period as is acceptable to the respective Issuing BankBank in any given case) written notice thereofprior to the proposed date of issuance (which shall be a Business Day). Each notice shall be in the form of Exhibit C A-3 (each, a "Letter ------ of Credit Request"). -----------------.
(b) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the Borrower that such Letter of Credit may be issued in accordance with, and will not violate the requirements of, Section 2.01(b2.01(c). Unless the respective Issuing Bank has received notice from any Bank before it issues a Letter of Credit that one or more of the conditions specified in Sections Section 5 or 6 6, as the case may be, are not then satisfied, or that the issuance of such Letter of Credit would violate Section 2.01(b2.01(c), then such Issuing Bank shall may issue the requested Letter of Credit for the account of the Borrower in accordance with such the Issuing Bank's usual and customary practices. Upon its issuance of any Letter of Credit or any amendment thereto, such Issuing Bank shall promptly notify each Bank of such issuance or amendment, which notice, shall be accompanied by a copy of the amendment or Letter of Credit actually issued.
Appears in 2 contracts
Samples: Credit Agreement (Video Update Inc), Credit Agreement (Moovies Inc)
Letter of Credit Requests. (a) Whenever the a Borrower desires ------------------------- that a Letter of Credit be issued for its account, the such Borrower shall give the Administrative Agent and the respective LC Issuer written notice (including by way of facsimile transmission, immediately confirmed in writing by submission of the original of such request by mail to the Issuing Bank Agent) thereof prior to 12:00 Noon (New York time) at least two (x) three Business Days' Days in respect of Fronted Letters of Credit and (or such shorter period as is acceptable y) five Business Days in respect of Several Letters of Credit, in each case, prior to the respective Issuing Bank) proposed date of issuance (which shall be a Business Day), which written notice thereof. Each notice shall be in the form of Exhibit C G (each, a "Letter ------ of Credit Request"). -----------------Each Letter of Credit Request shall include any other documents as the respective LC Issuer customarily requires in connection therewith.
(b) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the respective Borrower and the Company that such Letter of Credit may be issued in accordance with, and it will not violate the requirements of, Section 2.01(b). Unless the respective Issuing Bank has received notice from any Bank before it issues a Letter of Credit that one or more of the conditions specified in Sections 5 or 6 are not then satisfied, or that the issuance of applicable to such Borrower and/or such Letter of Credit would violate of, Section 2.01(b)3.01 or 3.02, then such Issuing Bank shall issue as the requested Letter of Credit for the account of the Borrower in accordance with such Issuing Bank's usual case may be, and customary practices. Section 3.03.
(c) Upon its issuance of of, or amendment to, any Letter of Credit or any amendment theretoCredit, such Issuing Bank the respective LC Issuer shall promptly notify the respective Borrower and each Bank Lender of such issuance or amendment, which notice, notice shall be accompanied by include a copy summary description of the amendment or Letter of Credit actually issuedissued and any amendments thereto.
(d) The Stated Amount of each Letter of Credit upon issuance shall be not less than $25,000.
Appears in 2 contracts
Samples: Credit Agreement (Quanta Capital Holdings LTD), Credit Agreement (Quanta Capital Holdings LTD)
Letter of Credit Requests. (a) Whenever the a Revolving Borrower desires ------------------------- that a Letter of Credit be issued for its account, the such Revolving Borrower shall give the Administrative Agent and the respective Issuing Bank Lender at least two Business Days' (or such shorter period as is acceptable to the respective Issuing Bank) ’ prior written notice thereof. Each notice shall be in the form of Exhibit C appropriately completed (each, each a "“Letter ------ of Credit Request"”). -----------------.
(b) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the respective Revolving Borrower that such Letter of Credit may be issued in accordance with, and will not violate the requirements of, Section 2.01(bSections 2.01(c) and, if applicable, 2.01(d). Unless the respective Issuing Bank Lender has received notice from any Bank the Required Lenders before it issues a Letter of Credit that one or more of the conditions specified in Sections 5 Section 5.01 or 6 5.02, as the case may be, are not then satisfied, or that the issuance of such Letter of Credit would violate Section 2.01(bSections 2.01(c) and/or, if applicable, 2.01(d), then such Issuing Bank shall Lender may issue the requested Letter of Credit for the account of the respective Revolving Borrower in accordance with such Issuing Bank's Lender’s usual and customary practices. Upon its issuance of of, or its entering into any amendment with respect to, any Letter of Credit or any amendment theretoCredit, such the respective Issuing Bank Lender shall promptly notify each Bank the Administrative Agent of such issuance or amendment, which notice, shall be accompanied by amendment and deliver to the Administrative Agent a copy of the amendment or Letter of Credit actually issuedissued or amended, as the case may be. In addition, on the first Business Day of each week thereafter, each Issuing Lender shall furnish the Administrative Agent with a written (including via facsimile) report of the daily aggregate Letter of Credit Outstandings of all Letters of Credit issued by such Issuing Lender for the immediately preceding week.
Appears in 2 contracts
Samples: Credit Agreement (Silgan Holdings Inc), Credit Agreement (Silgan Holdings Inc)
Letter of Credit Requests. (a) 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 two Business Days' (or such shorter period as is acceptable to the respective Issuing Bank) written notice thereof. Each notice shall be in the form of Exhibit C (each, a "Letter ------ of Credit Request"). -----------------.
(b) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the Borrower that such Letter of Credit may be issued in accordance with, and will not violate the requirements of, Section 2.01(b). Unless the respective Issuing Bank has received notice from any Bank before it issues a Letter of Credit that one or more of the conditions specified in Sections 5 or 6 are not then satisfied, or that the issuance of such Letter of Credit would violate Section 2.01(b), then such Issuing Bank shall issue the requested Letter of Credit for the account of the Borrower in accordance with such Issuing Bank's usual and customary practices. Upon its the issuance of any Letter of Credit or any amendment thereto, such the Issuing Bank shall promptly notify the Borrower and Administrative Agent, in writing, of such issuance or amendment, and such notice shall be accompanied by a copy of such issuance or amendment. Upon receipt of such notice, the Administrative Agent shall notify each Bank of such issuance or amendment, which notice, shall be accompanied by a copy of the amendment or Letter of Credit actually issued.
Appears in 2 contracts
Samples: Credit Agreement (Coinmach Corp), Credit Agreement (Appliance Warehouse of America Inc)
Letter of Credit Requests. (a) Whenever the Borrower desires ------------------------- that a Letter of Credit be issued for its account, the Borrower it shall give the Administrative Agent and the respective Issuing Bank Letter of Credit Issuer at least two five Business Days' (or such shorter period as is acceptable to the respective Issuing BankLetter of Credit Issuer) written notice thereof. Each notice shall be in the form of Exhibit C D (each, each a "Letter ------ of Credit Request"). -----------------.
(b) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the Borrower that such Letter of Credit may be issued in accordance with, and will not violate the requirements of, Section 2.01(b). Unless the respective Issuing Bank Letter of Credit Issuer has received notice from any Bank the Required Lenders before it issues a Letter of Credit that one a Default or more an Event of the conditions specified in Sections 5 or 6 are not Default then satisfied, exists or that the issuance of such Letter of Credit would violate Section 2.01(b), then such Issuing Bank the Letter of Credit Issuer shall issue the requested Letter of Credit for the account of the Borrower in accordance with such Issuing Bankthe Letter of Credit Issuer's usual and customary practices. Upon its issuance of any Letter of Credit or any amendment thereto, such Issuing Bank the Letter of Credit Issuer shall promptly notify the Agent and each Bank Lender of such issuance or amendment, which notice, notice shall be accompanied by a copy of the amendment or Letter of Credit actually issuedissued or the amendment actually made.
Appears in 1 contract
Letter of Credit Requests. (a) 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 Letter of Credit Issuer written notice (including by way of facsimile transmission, immediately confirmed in writing by submission of the original of such request by mail to the respective Letter of Credit Issuer) thereof prior to 12:00 Noon (New York time) at least two five Business Days' Days (or such shorter period as is may be acceptable to the respective Issuing BankLetter of Credit Issuer) prior to the proposed date of issuance (which shall be a Business Day), which written notice thereof. Each notice shall be in the form of Exhibit C (each, a "Letter ------ of Credit Request"). -----------------Each Letter of Credit Request shall include any other documents as such Letter of Credit Issuer customarily requires in connection therewith.
(b) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the Borrower that such Letter of Credit may be issued in accordance with, and it will not violate the requirements of, Section 2.01(b2.01(a). Unless the respective Issuing Bank Letter of Credit Issuer has received notice from any Bank the Required Lenders before it issues a Letter of Credit that one or more of the applicable conditions specified in Sections Section 5 or 6 6, as the case may be, are not then satisfied, or that the issuance of such Letter of Credit would violate Section 2.01(b2.01(a), then such Issuing Bank shall Letter of Credit Issuer may issue the requested Letter of Credit for the account of the Borrower in accordance with such Issuing BankLetter of Credit Issuer's usual and customary practices. Upon its issuance of any Letter of Credit or any amendment thereto, such Issuing Bank shall promptly notify each Bank of such issuance or amendment, which notice, shall be accompanied by a copy of the amendment or Letter of Credit actually issuedpractice.
Appears in 1 contract
Letter of Credit Requests. (a) Whenever the Borrower desires ------------------------- that a Letter of Credit be issued for its account, the Borrower it shall give the respective Issuing Bank (with copies to be sent to the Administrative Agent and the respective Issuing Bank other Bank) at least two three Business Days' (or such shorter period as is acceptable to the respective Issuing Bank) Days prior written notice thereofrequest therefor. Each notice such request shall be executed by the Borrower and shall be in the form of Exhibit C attached hereto (each, each a "Letter ------ of Credit Request"). -----------------.
(b) The making execution and delivery of each Letter of Credit Request shall be deemed to be a representation and warranty by the Borrower that such Letter of Credit may be issued in accordance with, and will not violate the requirements of, Section 2.01(b)Section
2.01. Unless the respective Issuing Bank has received notice from any Bank the Administrative Agent or the Required Banks, which notice has not been rescinded, before it issues a any Letter of Credit that one or more of the conditions specified in Sections Section 5 or 6 are applicable to such Credit Event is not then satisfied, or that the issuance of such Letter of Credit would violate Section 2.01(b)2.01, then such Issuing Bank shall may issue the requested Letter of Credit for the account of the Borrower in accordance with such Issuing Bank's usual and customary practices. Upon its issuance of any Letter of Credit or any amendment theretoCredit, such Issuing Bank shall promptly notify each Bank the Administrative Agent of such issuance or amendmentissuance, which notice, notice to the Administrative Agent shall be accompanied by a copy of the amendment or Letter of Credit actually issued.
Appears in 1 contract
Samples: Credit Agreement (Interlake Corp)
Letter of Credit Requests. (a) 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 two three Business Days' (or such shorter period as is acceptable to the respective Issuing BankLender) by facsimile written notice thereof. Each notice shall be in the form of Exhibit C (each, each a "Letter ------ of Credit Request"). -----------------.
(b) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the Borrower that such Letter of Credit may be issued in accordance with, and will not violate the requirements of, Section 2.01(b2.01(c). Unless the respective Issuing Bank Lender has received notice from any Bank Lender before it issues a Letter of Credit that one or more of the conditions specified in Sections Section 5 or 6 are not then satisfied, or that the issuance of such Letter of Credit would violate Section 2.01(b2.01(c), then such Issuing Bank shall Lender may issue the requested Letter of Credit for the account of the Borrower in accordance with such Issuing BankLender's usual and customary practices. Upon its issuance or amendment of any Standby Letter of Credit or any amendment theretoCredit, such the Issuing Bank Lender shall promptly notify each Bank the Borrower and the Administrative Agent, in writing, of such issuance or amendment, which notice, notice shall be accompanied by a copy of such issuance or amendment. Upon receipt of such notice, the amendment Administrative Agent shall promptly notify each Lender of such issuance or Letter amendment, which notice shall be accompanied, if requested by any Lender, by a copy of Credit actually issuedsuch issuance or amendment.
Appears in 1 contract
Samples: Credit Agreement (Hvide Marine Inc)
Letter of Credit Requests. (a) Whenever the Borrower desires ------------------------- that a Letter of Credit be issued for its account, other than Letters of Credit that replace Existing Letters of Credit pursuant to the Borrower last two sentences of Section 2.01(a), it shall give the respective Issuing Bank (with copies to be sent to the Administrative Agent and each other Bank) at least five Business Days' prior written request therefor, or such shorter period of notice as the respective Issuing Bank at least two Business Days' (or such shorter period as is acceptable may agree upon with the Borrower from time to the respective Issuing Bank) written notice thereoftime. Each notice such request shall be executed by the Borrower, and shall be in the form of Exhibit C attached hereto (each, each a "Letter ------ of Credit Request"). -----------------.
(b) The making execution and delivery of each Letter of Credit Request shall be deemed to be a representation and warranty by the Borrower that such Letter of Credit may be issued in accordance with, and will not violate the requirements of, Section 2.01(b)Section
2.01. Unless the respective Issuing Bank has received notice from any Bank the Administrative Agent or the Required Banks before it issues a the respective Letter of Credit that one a Default or more Event of the conditions specified in Sections 5 or 6 are not Default then satisfiedexists, or that the issuance of such Letter of Credit would violate Section 2.01(b)2.01, then such Issuing Bank shall may issue the requested Letter of Credit for the account of the Borrower in accordance with such Issuing Bank's usual and customary practices. Upon its issuance of any Letter of Credit, other than Letters of Credit or any amendment theretothat replace Existing Letters of Credit pursuant to the last two sentences of Section 2.01(a), such the respective Issuing Bank shall promptly notify the Administrative Agent and each Bank of such issuance or amendmentissuance, which notice, notice to the Administrative Agent shall be accompanied by a copy of the amendment or Letter of Credit actually issued.
Appears in 1 contract
Letter of Credit Requests. (a) Whenever the US Borrower desires ------------------------- that a Letter of Credit be issued for its accountissued, the US Borrower shall give the Administrative Agent and the respective Issuing Bank Letter of Credit Issuer written notice (or telephonic notice confirmed in writing) thereof prior to 12:00 Noon (New York time) at least two five Business Days' Days (or such shorter period as is may be acceptable to the respective Issuing BankLetter of Credit Issuer) prior to the proposed date of issuance (which shall be a Business Day) which written notice thereof. Each notice shall be in the form of Exhibit C (each, a "Letter ------ of Credit Request"). -----------------Each Letter of Credit Request shall include any other documents as such Letter of Credit Issuer customarily requires in connection therewith.
(b) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the US Borrower that such Letter of Credit may be issued in accordance with, and it will not violate the requirements of, Section 2.01(bSection
2.01 (a). Unless the respective Issuing Bank Letter of Credit Issuer has received notice from any Bank the Required Banks before it issues a Letter of Credit that one or more of the applicable conditions specified in Sections Section 5 or 6 6, as the case may be, are not then satisfied, or that the issuance of such Letter of Credit would violate Section 2.01(b2.01(a), then such Issuing Bank shall Letter of Credit Issuer may issue the requested Letter of Credit for the account of the US Borrower in accordance with such Issuing BankLetter of Credit Issuer's usual and customary practices. Upon its issuance of any Letter of Credit or any amendment thereto, such Issuing Bank shall promptly notify each Bank of such issuance or amendment, which notice, shall be accompanied by a copy of the amendment or Letter of Credit actually issuedpractice.
Appears in 1 contract
Letter of Credit Requests. (a) 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 Letter of Credit Issuer written notice thereof prior to 12:00 Noon (New York time) at least two three Business Days' Days (or such shorter period as is may be acceptable to the respective Issuing BankLetter of Credit Issuer) prior to the proposed date of issuance (which shall be a Business Day), which written notice thereof. Each notice shall be in the form of Exhibit C (each, a "Letter ------ of Credit RequestLETTER OF CREDIT REQUEST"). -----------------Each Letter of Credit Request shall include any other documents as such Letter of Credit Issuer customarily requires in connection therewith.
(b) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the Borrower that such Letter of Credit may be issued in accordance with, and it will not violate the requirements of, Section 2.01(bSection
2.01 (c). Unless the respective Issuing Bank Letter of Credit Issuer has received notice from the Borrower, any Bank Agent or the Required Lenders before it issues a Letter of Credit that one or more of the applicable conditions specified in Sections Section 5 or 6 6, as the case may be, are not then satisfied, or that the issuance of such Letter of Credit would violate Section 2.01(b2.01(c), then such Issuing Bank shall Letter of Credit Issuer may issue the requested Letter of Credit for the account of the Borrower in accordance with such Issuing BankLetter of Credit Issuer's usual and customary practices. Upon its issuance of any Letter of Credit or any amendment thereto, such Issuing Bank shall promptly notify each Bank of such issuance or amendment, which notice, shall be accompanied by a copy of the amendment or Letter of Credit actually issuedpractice.
Appears in 1 contract
Samples: Credit Agreement (Intelsat LTD)
Letter of Credit Requests. (a) Whenever the Borrower Company desires ------------------------- that a Letter of Credit be issued for its account, the Borrower Company shall give the Administrative Agent and the respective Issuing Bank at least two ten Business Days' (or such shorter period as is acceptable to the respective such Issuing BankBank in any given case) written notice thereofprior to the proposed date of issuance (which shall be a Business Day). Each notice shall be in the form of Exhibit C (each, each a "Letter ------ of Credit Request"). -----------------.
(b) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the Borrower Company that such Letter of Credit may be issued in accordance with, and will not violate the requirements of, Section 2.01(b2.01(c). Unless the respective Issuing Bank has received notice from any Bank before it issues a Letter of Credit that one or more of the applicable conditions specified in Sections Section 5 or 6 are not then satisfied, or that the issuance of such Letter of Credit would violate Section 2.01(b2.01(c), then such Issuing Bank shall issue on the date of issuance requested in the applicable Letter of Credit Request the requested Letter of Credit for the account of the Borrower Company in accordance with such Issuing Bank's usual and customary practices. Upon its issuance of of, or its entering into an amendment with respect to, any Letter of Credit or any amendment theretoCredit, such the respective Issuing Bank shall promptly notify each Bank of such issuance or amendment, which notice, notice shall be accompanied by a copy of the amendment or Letter of Credit actually issuedissued or amendment entered into, as the case may be, by such Issuing Bank.
Appears in 1 contract
Letter of Credit Requests. (a) 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 Letter of Credit Issuer written notice thereof prior to 12:00 Noon (New York time), via courier delivery or facsimile transmission, at least two three Business Days' Days (or such shorter period as is may be acceptable to the respective Issuing BankLetter of Credit Issuer) prior to the proposed date of issuance (which shall be a Business Day) which written notice thereof. Each notice shall be in the form of Exhibit C (each, a "Letter ------ of Credit Request"). -----------------Each Letter of Credit Request shall include any other documents as such Letter of Credit Issuer customarily requires in connection therewith.
(b) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the Borrower that such Letter of Credit may be issued in accordance with, and it will not violate the requirements of, Section 2.01(bSection
2.01 (c). Unless the respective Issuing Bank Letter of Credit Issuer has received notice from any Bank the Borrower, the Administrative Agent or the Required Banks before it issues a Letter of Credit that one or more of the applicable conditions specified in Sections Section 5 or 6 6, as the case may be, are not then satisfied, or that the issuance of such Letter of Credit would violate Section 2.01(b2.01(c), then such Issuing Bank shall Letter of Credit Issuer may issue the requested Letter of Credit for the account of the Borrower in accordance with such Issuing BankLetter of Credit Issuer's usual and customary practices. Upon its issuance of any Letter of Credit or any amendment thereto, such Issuing Bank shall promptly notify each Bank of such issuance or amendment, which notice, shall be accompanied by a copy of the amendment or Letter of Credit actually issuedpractice.
Appears in 1 contract
Samples: Credit Agreement (NRT Inc)
Letter of Credit Requests. (a) Whenever the Borrower Company ------------------------- desires ------------------------- that a Letter of Credit be issued for its account, the Borrower Company shall give the Administrative Agent and the respective Issuing Bank (with copies to be sent to the Agent and the other Banks) written notice thereof in the form of Exhibit C hereto not later than 11:00 A.M. (New York time) at least two five Business Days' Days (or such shorter period as is acceptable to such Issuing Bank in any given case) prior to the respective Issuing Bank) written notice thereof. Each notice shall be in the form proposed date of Exhibit C issuance (eacheach such request, a "Letter ------ of Credit Request"). -----------------, which Letter of Credit Request shall include any other documents that such Issuing Bank customarily requires in connection therewith.
(b) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the Borrower Company that such Letter of Credit may be issued in accordance with, and will not violate the requirements of, Section 2.01(b2.01(c). Unless the respective such Issuing Bank has received written notice from any Bank the Agent or the Required Banks before it issues a Letter of Credit that one or more of the conditions specified in Sections Section 5 or 6 are not then satisfied, or that the issuance of such Letter of Credit would violate Section 2.01(b2.01(c), then such Issuing Bank shall may issue the requested Letter of Credit for the account of the Borrower Company in accordance with such Issuing Bank's usual and customary practices. Upon its issuance of any Letter of Credit or any amendment thereto, such Issuing Bank shall promptly notify each Bank of such issuance or amendment, which notice, notice shall be accompanied by a copy of the amendment or Letter of Credit or amendment actually issued.
Appears in 1 contract
Samples: Revolving Credit Agreement (Sunoco Logistics Partners Lp)
Letter of Credit Requests. (a) 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 BTCo at least two ten Business Days' (or two Business Days in the case of Trade Letters of Credit, or, in each case such shorter period as is acceptable to the respective Issuing BankBTCo in any given case) written notice thereof. Each notice shall be in the form of Exhibit C (each, each a "Letter ------ of Credit Request"). -----------------The Agent shall promptly transmit copies of each Letter of Credit Request to each Bank.
(b) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the Borrower that such Letter of Credit may be issued in accordance with, and will not violate the requirements of, Section 2.01(b2.01(c). Unless the respective Issuing Bank BTCo has received notice from any Bank before it issues a Letter of Credit that one or more of the conditions specified in Sections Section 5 or Section 6 are not then satisfiedsatisfied (and in the case of Section 6, such condition(s) shall not have been waived in accordance with the terms hereof), or that the issuance of such Letter of Credit would violate Section 2.01(b2.01(c), then such Issuing Bank shall BTCo may issue the requested Letter of Credit for the account of the Borrower in accordance with such Issuing BankBTCo's usual and customary practices. Upon its issuance of any Letter of Credit or any amendment theretoCredit, such Issuing Bank BTCo shall promptly notify each Bank of such issuance or amendmentissuance, which notice, notice shall be accompanied by a copy of the amendment or Letter of Credit actually issued.
Appears in 1 contract
Letter of Credit Requests. (a) Whenever the Borrower an Account Party desires ------------------------- that a Letter of Credit be issued for its account, the Borrower such Account Party shall give the Administrative Agent (at the appropriate Notice Office) and the respective Issuing Bank Lender at least two 3 Business Days' (or such shorter period as is acceptable to the respective such Issuing BankLender in any given case) written notice thereofprior to the proposed date of issuance (which shall be a Business Day). Each notice shall be in the form of Exhibit C C-1 (each, a "Letter ------ of Credit Request"), including, without limitation, by specifying: (i) whether the requested Letter of Credit shall constitute a U.S. Borrower Letter of Credit or a Bermuda Borrower Letter of Credit; and (ii) the currency in which the requested Letter of Credit is to be denominated (which shall be Dollars or, to the extent permitted hereunder, an Alternative Currency. -----------------Each Letter of Credit Request shall include any other documents as such Issuing Lender customarily requires in connection therewith.
(b) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the Borrower applicable Account Party that such Letter of Credit may be issued in accordance with, and will not violate the requirements of, Section 2.01(b2A.01(c). Unless the respective Issuing Bank Lender has received notice from any Bank the Required Lenders before it issues a Letter of Credit that one or more of the applicable conditions specified in Sections Section 5 or 6 6, as the case may be, are not then satisfied, or that the issuance of such Letter of Credit would violate Section 2.01(b2A.01(c), then such Issuing Bank shall Lender may issue the requested Letter of Credit for the account of the Borrower respective Account Party in accordance with such Issuing BankLender's usual and customary practices. Upon its issuance of any Letter of Credit or any amendment thereto, such Issuing Bank shall promptly notify each Bank of such issuance or amendment, which notice, shall be accompanied by a copy of the amendment or Letter of Credit actually issued.
Appears in 1 contract
Letter of Credit Requests. (a) 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 two five Business Days' (or such shorter period as is acceptable to the respective Issuing Bank) written notice thereof. Each notice shall be in the form of Exhibit C (each, each a "Letter ------ of Credit Request"). -----------------.
(b) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the Borrower that such Letter of Credit may be issued in accordance with, and will not violate the requirements of, Section 2.01(b2.01(c). Unless the respective Issuing Bank has received notice from any Bank before it issues a Letter of Credit that one or more of the conditions specified in Sections 5 or Section 6 are not then satisfied, or that the issuance of such Letter of Credit would violate Section 2.01(b2.01(c), then such Issuing Bank shall issue the requested Letter of Credit for the account of the Borrower in accordance with such Issuing Bank's usual and customary practices. Upon its issuance of any Letter of Credit or any amendment theretoCredit, such Issuing Bank shall promptly notify each Bank of such issuance or amendmentissuance, which notice, notice shall be accompanied by a copy of the amendment or Letter of Credit actually issued.
Appears in 1 contract
Samples: Credit Agreement (JCC Holding Co)
Letter of Credit Requests. (a) 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 Letter of Credit Issuer written notice (including by way of facsimile transmission to telecopier no. (000) 000-0000) (or such alternative telecopier number as may be provided by the Administrative Agent from time to time), immediately confirmed in writing by submission of the original of such request by mail to the Administrative Agent) thereof prior to 12:00 Noon (New York time) at least two five Business Days' Days (or such shorter period as is may be acceptable to the respective Issuing BankLetter of Credit Issuer) prior to the proposed date of issuance (which shall be a Business Day), which written notice thereof. Each notice shall be in the form of Exhibit C (each, a "Letter ------ of Credit Request"). -----------------Each Letter of Credit Request shall include any other documents as such Letter of Credit Issuer customarily requires in connection therewith.
(b) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the Borrower that such Letter of Credit may be issued in accordance with, and it will not violate the requirements of, Section 2.01(b2.01(a). Unless the respective Issuing Bank Letter of Credit Issuer has received notice from any Bank the Required Lenders before it issues a Letter of Credit that one or more of the applicable conditions specified in Sections Section 5 or 6 6, as the case may be, are not then satisfied, or that the issuance of such Letter of Credit would violate Section 2.01(b2.01(a), then such Issuing Bank shall Letter of Credit Issuer may issue the requested Letter of Credit for the account of the Borrower in accordance with such Issuing BankLetter of Credit Issuer's usual and customary practices. Upon its issuance of any Letter of Credit or any amendment thereto, such Issuing Bank shall promptly notify each Bank of such issuance or amendment, which notice, shall be accompanied by a copy of the amendment or Letter of Credit actually issuedpractice.
Appears in 1 contract
Letter of Credit Requests. (a) Whenever the Borrower desires ------------------------- that a Letter of Credit be issued for its account, an Authorized Representative of the Borrower shall give the Administrative Agent and the respective Issuing Bank at least two Business five Busi- ness Days' (or such shorter period as is acceptable to the respective Issuing Bank) written notice thereof. Each notice shall be in the form of Exhibit C (each, a "Letter ------ of Credit Request"). -----------------.
(b) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the Borrower that such Letter of Credit may be issued in accordance with, and will not violate the requirements of, Section 2.01(b2.01(d). Unless the respective Issuing Bank has received notice from any Bank the Required Banks before it issues a Letter of Credit that one or more of the conditions specified in Sections Section 5 or Section 6 are not then satisfied, or that the issuance of such Letter of Credit would violate Section 2.01(b2.01(d), then such Issuing Bank shall issue the requested Letter of Credit for the account of the Borrower in accordance with such Issuing Bank's usual and customary practices. Upon its issuance of any Letter of Credit of, or any amendment theretoto, any Standby Letter of Credit, such Issuing Bank shall promptly notify the Agent and each Bank of such issuance or amendment, which notice, notice shall be accompanied by a copy of the amendment or Letter of Credit actually issuedissued or the amendment actually effected.
Appears in 1 contract
Samples: Credit Agreement (Autotote Corp)
Letter of Credit Requests. (a) Whenever the a Borrower desires that ------------------------- that a Letter of Credit be issued for its account, the such Borrower shall give the Administrative Agent and the respective Issuing Bank at least two five Business Days' (or such shorter period as is acceptable to the respective Issuing BankBank in any given case) written notice thereofprior to the proposed date of issuance (which shall be a Business Day). Each notice shall be in the form of Exhibit C (each, each a "Letter ------ of Credit Request"). -----------------.
(b) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the applicable Borrower that such Letter of Credit may be issued in accordance with, and will not violate the requirements of, Section 2.01(b2.01(c). Unless the respective Issuing Bank has received notice from any Bank the Required Banks before it issues a Letter of Credit that one or more of the conditions specified in Sections 5 Section 5, 6 or 6 7, as the case may be, are not then satisfied, or that the issuance of such Letter of Credit would violate Section 2.01(b2.01(c), then such the Issuing Bank shall issue the requested Letter of Credit for the account of the such Borrower in accordance with such the Issuing Bank's usual and customary practices. Upon its issuance of any Letter of Credit or any amendment thereto, such Issuing Bank shall promptly notify each Bank of such issuance or amendment, which notice, shall be accompanied by a copy of the amendment or Letter of Credit actually issued.
Appears in 1 contract
Letter of Credit Requests. (a) 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 two five Business Days' (or such shorter period as is acceptable to the respective Issuing BankLender) written notice thereof. Each notice shall be in the form of Exhibit C K (each, each a "Letter ------ of Credit Request"). -----------------.
(b) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the Borrower that such Letter of Credit may be issued in accordance with, and will not violate the requirements of, Section 2.01(b2.18(c). Unless the respective Issuing Bank Lender has received notice from any Bank R/C Lender before it issues a Letter of Credit that one or more of the conditions specified in Sections 5 or 6 Article III, are not then satisfied, or that the issuance of such Letter of Credit would violate Section 2.01(b2.18(c), then such the Issuing Bank shall Lender may issue the requested Letter of Credit for the account of the Borrower in accordance with such the Issuing BankLender's usual and customary practices. Upon its the issuance of any Letter of Credit or any amendment theretoCredit, such the Issuing Bank Lender shall promptly notify each Bank R/C Lender of such issuance or amendment, which notice, and such notice shall be accompanied by a copy of the amendment or issued Letter of Credit actually issuedCredit.
Appears in 1 contract
Letter of Credit Requests. (a) 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 two five Business Days' (or such shorter period as is acceptable to the respective Issuing BankLender) written notice thereof. Each notice shall be in the form of Exhibit C K (each, each a "Letter ------ of Credit Request"). -----------------.
(b) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the Borrower that such Letter of Credit may be issued in accordance with, and will not violate the requirements of, Section 2.01(b2.18(c). Unless the respective Issuing Bank Lender has received notice from any Bank Lender before it issues a Letter of Credit that one or more of the conditions specified in Sections 5 or 6 Article III, are not then satisfied, or that the issuance of such Letter of Credit would violate Section 2.01(b2.18(c), then such the Issuing Bank shall Lender may issue the requested Letter of Credit for the account of the Borrower in accordance with such the Issuing BankLender's usual and customary practices. Upon its the issuance of any Letter of Credit or any amendment theretoCredit, such the Issuing Bank Lender shall promptly notify each Bank Lender of such issuance or amendment, which notice, and such notice shall be accompanied by a copy of the amendment or issued Letter of Credit actually issuedCredit.
Appears in 1 contract
Samples: Revolving Credit Agreement (Felcor/Lax Holdings Lp)
Letter of Credit Requests. (a) 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 Letter of Credit Issuer written notice thereof prior to 12:00 Noon (New York time) at least two three Business Days' Days (or such shorter period as is may be acceptable to the respective Issuing BankLetter of Credit Issuer) prior to the proposed date of issuance (which shall be a Business Day) which written notice thereof. Each notice shall be in the form of Exhibit C (each, a "“Letter ------ of Credit Request"”). -----------------Each Letter of Credit Request shall include any other documents as such Letter of Credit Issuer customarily requires in connection therewith.
(b) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the Borrower that such Letter of Credit may be issued in accordance with, and it will not violate the requirements of, Section 2.01(b2.01(c). Unless the respective Issuing Bank Letter of Credit Issuer has received notice from the Borrower, any Bank Agent or the Required Lenders before it issues a Letter of Credit that one or more of the applicable conditions specified in Sections Section 5 or 6 6, as the case may be, are not then satisfied, or that the issuance of such Letter of Credit would violate Section 2.01(b2.01(c), then such Issuing Bank shall Letter of Credit Issuer may issue the requested Letter of Credit for the account of the Borrower in accordance with such Issuing Bank's Letter of Credit Issuer’s usual and customary practices. Upon its issuance of any Letter of Credit or any amendment thereto, such Issuing Bank shall promptly notify each Bank of such issuance or amendment, which notice, shall be accompanied by a copy of the amendment or Letter of Credit actually issuedpractice.
Appears in 1 contract
Letter of Credit Requests. (a) 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 two five Business Days' (or such shorter period as is acceptable to the respective Issuing Bank) written notice thereof. Each notice shall be in the form of Exhibit C (each, a "Letter ------ of Credit Request"). -----------------.
(b) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the Borrower that such Letter of Credit may be issued in accordance with, and will not violate the requirements of, Section 2.01(b2.01(d). Unless the respective Issuing Bank has received notice from any Bank before it issues a Letter of Credit that one or more of the conditions specified in Sections Section 5 or 6 Section 6, as applicable, are not then satisfied, or that the issuance of such Letter of Credit would violate Section 2.01(b2.01(d), then such Issuing Bank shall issue the requested Letter of Credit for the account of the Borrower in accordance with such Issuing Bank's usual and customary practices. Upon its the issuance of any Letter of Credit or any amendment theretoCredit, such (x) the respective Issuing Bank shall notify the Administrative Agent, on the date of the issuance thereof, of such issuance and shall, on such date, cause to be delivered to the Administrative Agent (which delivery may be by telecopier) a copy of the Letter of Credit so issued and (y) promptly after its receipt of the notice described in the immediately preceding clause (x), the Administrative Agent shall notify each Bank of such issuance or amendment, which notice, shall be accompanied by a copy of the amendment or Letter of Credit actually issuedrespective issuance.
Appears in 1 contract
Letter of Credit Requests. (a) 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 two five Business Days' (or such shorter period as is acceptable to the respective Issuing BankLender) written notice thereof. Each notice shall be in the form of Exhibit C F (each, each a "Letter ------ of Credit Request"). -----------------.
(b) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the Borrower that such Letter of Credit may be issued in accordance with, and will not violate the requirements of, Section 2.01(b2.17(c). Unless the respective Issuing Bank Lender has received notice from any Bank Lender before it issues a Letter of Credit that one or more of the conditions specified in Sections 5 or 6 Article III, are not then satisfied, or that the issuance of such Letter of Credit would violate Section 2.01(b2.17(c), then such the Issuing Bank shall Lender may issue the requested Letter of Credit for the account of the Borrower in accordance with such the Issuing BankLender's usual and customary practices. Upon its the issuance of any Letter of Credit or any amendment theretoCredit, such the Issuing Bank Lender shall promptly notify each Bank Lender of such issuance or amendment, which notice, and such notice shall be accompanied by a copy of the amendment or issued Letter of Credit actually issuedCredit.
Appears in 1 contract
Letter of Credit Requests. (a) 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 two five Business Days' (or such shorter period as is acceptable to the respective Issuing Bank) written notice thereof. Each notice shall be in the form of Exhibit C (each, a "Letter ------ of Credit Request"). -----------------.
(b) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the Borrower that such Letter of Credit may be issued in accordance with, and will not violate the requirements of, Section 2.01(b2.01(d). Unless the respective Issuing Bank has received notice from any Bank before it issues a Letter of Credit that one or more of the conditions specified in Sections Section 5 or 6 Section 6, as applicable, are not then satisfied, or that the issuance of such Letter of Credit would violate Section 2.01(b2.01(d), then such Issuing Bank shall issue the requested Letter of Credit for the account of the Borrower in accordance with such Issuing Bank's usual and customary practices. Upon its the issuance of any Letter of Credit or any amendment theretoCredit, such (x) the Borrower and the respective Issuing Bank shall notify the Administrative Agent, on the date of the issuance thereof, of such issuance and shall, on such date, cause to be delivered to the Administrative Agent (which delivery may be by telecopier) a copy of the Letter of Credit so issued and (y) promptly after its receipt of the notice described in preceding clause (x), the Administrative Agent shall notify each Bank of such issuance or amendment, which notice, shall be accompanied by a copy of the amendment or Letter of Credit actually issuedrespective issuance.
Appears in 1 contract
Samples: Credit Agreement (Howmet Corp /New/)
Letter of Credit Requests. (a) 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 Letter of Credit Issuer written notice (including by way of facsimile transmission to the Administrative Agent) thereof prior to 12:00 Noon (New York time) at least two five Business Days' Days (or such shorter period as is may be acceptable to the respective Issuing BankLetter of Credit Issuer) prior to the proposed date of issuance (which shall be a Business Day), which written notice thereof. Each notice shall be in the form of Exhibit C D (appropriately completed) (each, a "Letter ------ of Credit Request"). -----------------Each Letter of Credit Request shall include any other documents as such Letter of Credit Issuer customarily requires in connection therewith.
(b) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the Borrower that such Letter of Credit may be issued in accordance with, and it will not violate the requirements of, Section 2.01(bSection
2.01 (a). Unless the respective Issuing Bank Letter of Credit Issuer has received notice from any Bank the Required Lenders before it issues a Letter of Credit that one or more of the applicable conditions specified in Sections Section 5 or 6 6, as the case may be, are not then satisfied, or that the issuance of such Letter of Credit would violate Section 2.01(b2.01(a), then such Issuing Bank shall Letter of Credit Issuer may issue the requested Letter of Credit for the account of the Borrower in accordance with such Issuing BankLetter of Credit Issuer's usual and customary practices. Upon its issuance of any Letter of Credit or any amendment thereto, such Issuing Bank shall promptly notify each Bank of such issuance or amendment, which notice, shall be accompanied by a copy of the amendment or Letter of Credit actually issuedpractice.
Appears in 1 contract
Samples: Credit Agreement (Symons Corp)
Letter of Credit Requests. (a) 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 two Business Days3 days' (or such shorter period as is acceptable to the respective such Issuing BankBank in any given case) written notice thereofprior to the proposed date of issuance (which shall be a Business Day). Each notice shall be in the form of Exhibit C (each, a "Letter ------ of Credit Request"). -----------------.
(b) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the Borrower that such Letter of Credit may be issued in accordance with, and will not violate the requirements of, Section 2.01(b2.01(c). Unless the respective Issuing Bank has received notice from any Bank the Required Banks before it issues a Letter of Credit that one or more of the applicable conditions specified in Sections Section 5 or 6 6, as the case may be, are not then satisfied, or that the issuance of such Letter of Credit would violate Section 2.01(b2.01(c), then such Issuing Bank shall may issue the requested Letter of Credit for the account of the Borrower in accordance with such Issuing Bank's usual and customary practices. Upon its issuance of any Letter of Credit or any amendment thereto, such Issuing Bank shall promptly notify each Bank of such issuance or amendment, which notice, shall be accompanied by a copy of the amendment or Letter of Credit actually issued.
Appears in 1 contract
Letter of Credit Requests. (a) 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 two ten Business Days' (or such shorter period as is acceptable to the respective Issuing BankBank in any given case) written notice thereofprior to the proposed date of issuance (which shall be a Business Day). Each notice shall be in the form of Exhibit C (each, each a "Letter ------ of Credit ---------------- Request"). -----------------.
(b) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the Borrower that such Letter of Credit may be issued in accordance with, and will not violate the requirements of, Section 2.01(b3.01(c). Unless the respective Issuing Bank has received notice from any Bank before it issues a Letter of Credit that one or more of the conditions specified in Sections 5 Section 6 or 6 7, as the case may be, are not then satisfied, or that the issuance of such Letter of Credit would violate Section 2.01(b3.01(c), then such the Issuing Bank shall may issue the requested Letter of Credit for the account of the Borrower in accordance with such the Issuing Bank's usual and customary practices. Upon its issuance of any Letter of Credit or any amendment thereto, such Issuing Bank shall promptly notify each Bank of such issuance or amendment, which notice, shall be accompanied by a copy of the amendment or Letter of Credit actually issued.
Appears in 1 contract
Letter of Credit Requests. (a) 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 BTCo at least two three Business Days' (or two Business Days' in the case of Trade Letters of Credit after the time at which BTCo and the Borrower agree on a standard form of Trade Letter of Credit to be issued hereunder, or, in each case such shorter period as is acceptable to the respective Issuing BankBTCo in any given case) written notice thereof. Each notice shall be in the form of Exhibit C (each, each a "Letter ------ of Credit Request"). -----------------.
(b) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the Borrower that such Letter of Credit may be issued in accordance with, and will not violate the requirements of, Section 2.01(b2.01(c). Unless the respective Issuing Bank BTCo has received notice from any Bank the Required Banks before it issues a Letter of Credit that one or more of the conditions specified in Sections Section 5 are not satisfied on the Initial Borrowing Date or Section 6 are not then satisfied, or that the issuance of such Letter of Credit would violate Section 2.01(b2.01(c), then such Issuing Bank shall BTCo may issue the requested Letter of Credit for the account of the Borrower in accordance with such Issuing BankBTCo's usual and customary practices. Upon its issuance of any Letter of Credit or any amendment theretoCredit, such Issuing Bank BTCo shall promptly notify each Bank of such issuance or amendmentissuance, which notice, notice shall be accompanied by a copy of the amendment or Letter of Credit actually issued.
Appears in 1 contract
Samples: Credit Agreement (Universal Compression Holdings Inc)
Letter of Credit Requests. (a) Whenever the Borrower Company desires ------------------------- that a Letter of Credit be issued for its account, the Borrower Company shall give the Administrative Agent and the respective Issuing Bank at least two ten Business Days' (or such shorter period as is acceptable to the respective such Issuing BankBank in any given case) written notice thereofprior to the proposed date of issuance (which shall be a Business Day). Each notice shall be in the form of Exhibit C (each, each a "Letter ------ of Credit Request"). -----------------.
(b) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the Borrower Company that such Letter of Credit may be issued in accordance with, and will not violate the requirements of, Section 2.01(b2.01(c). Unless the respective Issuing Bank has received notice from any Bank before it issues a Letter of Credit that one or more of the applicable conditions specified in Sections Section 5 or 6 are not then satisfied, or that the issuance of such Letter of Credit would violate Section 2.01(b2.01(c), then such Issuing Bank shall issue on the date of issuance requested in the applicable Letter of Credit Request the requested Letter of Credit for the account of the Borrower Company in accordance with such Issuing Bank's usual and customary practices. Upon its issuance of of, or its entering into an amendment with respect to, any Letter of Credit or any amendment theretoCredit, such the respective Issuing Bank shall promptly notify each Bank of such issuance or amendment, which notice, notice shall be accompanied by a copy of the amendment or Letter of Credit actually issuedissued or amendment entered into, as the case may be, by such Issuing Bank.
Appears in 1 contract
Letter of Credit Requests. (a) Whenever the Borrower Company desires ------------------------- that a B Letter of Credit be issued for its account, the Borrower Company shall give the Administrative Agent and the respective B Issuing Bank at least two five Business Days' (or such shorter period as is acceptable to the respective B Issuing Bank) written notice thereof. Each notice shall be thereof in the form of Exhibit C (each, a "Letter ------ of Credit Request"). -----------------Request appropriately completed.
(b) The making delivery of each Letter of Credit Request shall be deemed to be a representation and warranty by the Borrower Company that such B Letter of Credit may be issued in accordance with, and will not violate the requirements of, Section 2.01(b1B.01(b) (ii) or (iii). Unless the respective B Issuing Bank has received notice from any Bank before it issues a B Letter of Credit that one or more of the conditions specified in Sections 5 or 6 Section 4 are not then satisfied, or that the issuance of such B Letter of Credit would violate Section 2.01(b1B.01(b), then such the B Issuing Bank shall issue the requested B Letter of Credit for the account of the Borrower Company in accordance with such the B Issuing Bank's usual and customary practices. Upon its issuance of any B Letter of Credit or any amendment theretoCredit, such the B Issuing Bank shall promptly notify each Bank of such issuance or amendment, which notice, shall be accompanied by a copy of the amendment or Letter of Credit actually issuedissuance.
Appears in 1 contract
Samples: Letter of Credit and Reimbursement Agreement (R&b Falcon Corp)
Letter of Credit Requests. (a) 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 Letter of Credit Issuer written notice thereof prior to 12:00 Noon (New York time), via courier delivery or facsimile transmission, at least two three Business Days' Days (or such shorter period as is may be acceptable to the respective Issuing BankLetter of Credit Issuer) prior to the proposed date of issuance (which shall be a Business Day) which written notice thereof. Each notice shall be in the form of Exhibit C (each, a "Letter ------ of Credit Request"). -----------------Each Letter of Credit Request shall include any other documents as such Letter of Credit Issuer customarily requires in connection therewith.
(b) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the Borrower that such Letter of Credit may be issued in accordance with, and it will not violate the requirements of, Section 2.01(b2.01(c). Unless the respective Issuing Bank Letter of Credit Issuer has received notice from any Bank the Borrower, the Administrative Agent or the Required Banks before it issues a Letter of Credit that one or more of the applicable conditions specified in Sections Section 5 or 6 6, as the case may be, are not then satisfied, or that the issuance of such Letter of Credit would violate Section 2.01(b2.01(c), then such Issuing Bank shall Letter of Credit Issuer may issue the requested Letter of Credit for the account of the Borrower in accordance with such Issuing BankLetter of Credit Issuer's usual and customary practices. Upon its issuance of any Letter of Credit or any amendment thereto, such Issuing Bank shall promptly notify each Bank of such issuance or amendment, which notice, shall be accompanied by a copy of the amendment or Letter of Credit actually issuedpractice.
Appears in 1 contract
Samples: Credit Agreement (NRT Inc)
Letter of Credit Requests. (a) Whenever the a Revolving Borrower desires ------------------------- that a Letter of Credit be issued for its account, the such Revolving Borrower shall give the Administrative Agent and the respective Issuing Bank Lender at least two (2) Business Days' (or such shorter period as is acceptable to the respective Issuing Bank) ’ prior written notice thereof. Each notice shall be in the form of Exhibit C appropriately completed (each, each a "“Letter ------ of Credit Request"”). -----------------.
(b) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the respective Revolving Borrower that such Letter of Credit may be issued in accordance with, and will not violate the requirements of, Section 2.01(b3.01(c). Unless the respective Issuing Bank Lender has received notice from any Bank the Required Lenders before it issues a Letter of Credit that one or more of the conditions specified in Sections 5 Section 6.01 or 6 6.03, as the case may be, are not then satisfied, or that the issuance of such Letter of Credit would violate Section 2.01(b3.01(c), then such Issuing Bank shall Lender may issue the requested Letter of Credit for the account of the respective Revolving Borrower in accordance with such Issuing Bank's Lender’s usual and customary practices. Upon its issuance of of, or its entering into any amendment with respect to, any Letter of Credit or any amendment theretoCredit, such the respective Issuing Bank Lender shall promptly notify each Bank the Administrative Agent of such issuance or amendment, which notice, shall be accompanied by amendment and deliver to the Administrative Agent a copy of the amendment or Letter of Credit actually issuedissued or amended, as the case may be.
(c) At any time that there is an Issuing Lender that is not also the financial institution acting as Administrative Agent, then (i) on the last Business Day of each calendar month, (ii) on each date that a 108 150546217_8170136845_8
Appears in 1 contract
Letter of Credit Requests. (a) Whenever the a Revolving Borrower desires ------------------------- that a Letter of Credit be issued for its account, the such Revolving Borrower shall give the Administrative Agent and the respective Issuing Bank Lender at least two (2) Business Days' (or such shorter period as is acceptable to the respective Issuing Bank) ’ prior written notice thereof. Each notice shall be in the form of Exhibit C appropriately completed (each, each a "“Letter ------ of Credit Request"”). -----------------.
(b) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the respective Revolving Borrower that such Letter of Credit may be issued in accordance with, and will not violate the requirements of, Section 2.01(b3.01(c). Unless the respective Issuing Bank Lender has received notice from any Bank the Required Lenders before it issues a Letter of Credit that one or more of the conditions specified in Sections 5 Section 6.01 or 6 6.03, as the case may be, are not then satisfied, or that the issuance of such Letter of Credit would violate Section 2.01(b3.01(c), then such Issuing Bank shall Lender may issue the requested Letter of Credit for the account of the respective Revolving Borrower in accordance with such Issuing Bank's Lender’s usual and customary practices. Upon its issuance of of, or its entering into any amendment with respect to, any Letter of Credit or any amendment theretoCredit, such the respective Issuing Bank Lender shall promptly notify each Bank the Administrative Agent of such issuance or amendment, which notice, shall be accompanied by amendment and deliver to the Administrative Agent a copy of the amendment or Letter of Credit actually issuedissued or amended, as the case may be. In addition, on the first Business Day of each week thereafter, each Issuing Lender shall furnish the Administrative Agent with a written (including via facsimile) report of the daily aggregate Letter of Credit Obligations of all Letters of Credit issued by such Issuing Lender for the immediately preceding week.
Appears in 1 contract
Letter of Credit Requests. (a) 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 Letter of Credit Issuer written notice thereof prior to 12:00 Noon (New York time) at least two three Business Days' Days (or such shorter period as is may be acceptable to the respective Issuing BankLetter of Credit Issuer) prior to the proposed date of issuance (which shall be a Business Day) which written notice thereof. Each notice shall be in the form of Exhibit C (each, a "Letter ------ of Credit Request"). -----------------Each Letter of Credit Request shall include any other documents as such Letter of Credit Issuer customarily requires in connection therewith.
(b) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the Borrower that such Letter of Credit may be issued in accordance with, and it will not violate the requirements of, Section 2.01(bSection
2.01 (c). Unless the respective Issuing Bank Letter of Credit Issuer has received notice from the Borrower, any Bank Agent or the Required Banks before it issues a Letter of Credit that one or more of the applicable conditions specified in Sections Section 5 or 6 6, as the case may be, are not then satisfied, or that the issuance of such Letter of Credit would violate Section 2.01(b2.01(c), then such Issuing Bank shall Letter of Credit Issuer may issue the requested Letter of Credit for the account of the Borrower in accordance with such Issuing BankLetter of Credit Issuer's usual and customary practices. Upon its issuance of any Letter of Credit or any amendment thereto, such Issuing Bank shall promptly notify each Bank of such issuance or amendment, which notice, shall be accompanied by a copy of the amendment or Letter of Credit actually issuedpractice.
Appears in 1 contract
Samples: Credit Agreement (Pacer Express Inc)
Letter of Credit Requests. (a) Whenever the Borrower desires ------------------------- that a Letter of Credit be issued for its account, an Authorized Representative of the Borrower shall give the Administrative Agent and the respective Issuing Bank at least two five Business Days' (or such shorter period as is acceptable to the respective Issuing Bank) written notice thereof. Each notice shall be in the form of Exhibit C (each, each a "Letter ------ of Credit Request"). -----------------.
(b) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the Borrower that such Letter of Credit may be issued in accordance with, and will not violate the requirements of, Section 2.01(b2.01(d). Unless the respective Issuing Bank has received notice from any Bank the Required Banks before it issues a Letter of Credit that one or more of the conditions specified in Sections Section 5 or Section 6 are not then satisfied, or that the issuance of such Letter of Credit would violate Section 2.01(b2.01(d), then such Issuing Bank shall issue the requested Letter of Credit for the account of the Borrower in accordance with such Issuing Bank's usual and customary practices. Upon its issuance of any Letter of Credit of, or any amendment theretoto, any Standby Letter of Credit, such Issuing Bank shall promptly notify the Agent and each Bank of such issuance or amendment, which notice, notice shall be accompanied by a copy of the amendment or Letter of Credit actually issuedissued or the amendment actually effected.
Appears in 1 contract
Samples: Credit Agreement (Autotote Corp)
Letter of Credit Requests. (a) Whenever the Borrower Company desires ------------------------- that a Letter of Credit be issued for its account, the Borrower Company shall give the Administrative Agent and the respective Issuing Bank at least two ten Business Days' written notice thereof (or such shorter period lesser notice as is may be acceptable to the respective such Issuing Bank) written notice thereof). Each notice shall be substantially in the form of Exhibit C (each, each a "Letter ------ of Credit Request"). -----------------The Administrative Agent shall promptly transmit copies of each Letter of Credit Request to each Bank.
(b) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the Borrower Company that such Letter of Credit may be issued in accordance with, and will not violate the requirements of, Section 2.01(b2.01(c). Unless the respective Issuing Bank has received notice from any Bank the Administrative Agent before it issues a Letter of Credit that one or more of the applicable conditions specified in Sections Section 5 or Section 6 are not then satisfied, or that the issuance of such Letter of Credit would violate Section 2.01(b2.01(c), then such Issuing Bank shall may issue the requested Letter of Credit for the account of the Borrower Company in accordance with such Issuing Bank's usual and customary practices. Upon its issuance of, or its entering into an amendment with respect to, any Letter of any Credit, the respective Issuing Bank shall promptly notify the Administrative Agent of such issuance or amendment and deliver to the Administrative Agent a copy of such Letter of Credit or any amendment theretoamendment, such Issuing Bank as the case may be. Promptly thereafter, the Administrative Agent shall promptly notify each Bank of such issuance or amendment, which notice, notice shall be accompanied by a copy of the amendment or Letter of Credit actually issued, or the amendment entered into, as the case may be, by such Issuing Bank.
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Letter of Credit Requests. (a) 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 two Business Days' (or such shorter period as is acceptable to the respective Issuing Bank) written notice (or telephonic notice promptly confirmed in writing) thereof, PROVIDED that any such notice shall be deemed to have been given on a certain day only if given before 11:00 A.M. (New York time) on such day. Each such written notice or written confirmation of telephonic notice shall be in the form of Exhibit C D (each, a "Letter ------ of Credit Request"). -----------------
(b) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the Borrower that such Letter of Credit may be issued in accordance with, and will not violate the requirements of, Section 2.01(b). Unless the respective Issuing Bank has received notice from any Bank the Required Banks before it issues a Letter of Credit that one or more of the conditions specified in Sections 5 Section 5A or 6 Section 5B, as then applicable, are not then satisfied, satisfied or that the issuance of such Letter of Credit would violate Section 2.01(b), then such Issuing Bank shall may issue the requested Letter of Credit for the account of the Borrower in accordance with such the Issuing Bank's usual and customary practices. Upon its issuance issuance, extension or amendment of any Letter of Credit or any amendment theretoCredit, such Issuing Bank shall promptly notify each Bank the Administrative Agent of such issuance issuance, extension or amendment, which notice, notice shall be accompanied by a copy of the amendment or issued Letter of Credit actually issuedor amendment, as the case may be.
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Letter of Credit Requests. (a) 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 Letter of Credit Issuer written notice thereof prior to 12:00 Noon (New York time) at least two three Business Days' Days (or such shorter period as is may be acceptable to the respective Issuing BankLetter of Credit Issuer) prior to the proposed date of issuance (which shall be a Business Day) which written notice thereof. Each notice shall be in the form of Exhibit C (each, a "Letter ------ of Credit Request"). -----------------Each Letter of Credit Request shall include any other documents as such Letter of Credit Issuer customarily requires in connection therewith.
(b) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the Borrower that such Letter of Credit may be issued in accordance with, and it will not violate the requirements of, Section 2.01(bSection
2.01 (c). Unless the respective Issuing Bank Letter of Credit Issuer has received notice from the Borrower, any Bank Agent or the Required Lenders before it issues a Letter of Credit that one or more of the applicable conditions specified in Sections Section 5 or 6 6, as the case may be, are not then satisfied, or that the issuance of such Letter of Credit would violate Section 2.01(b2.01(c), then such Issuing Bank shall Letter of Credit Issuer may issue the requested Letter of Credit for the account of the Borrower in accordance with such Issuing BankLetter of Credit Issuer's usual and customary practices. Upon its issuance of any Letter of Credit or any amendment thereto, such Issuing Bank shall promptly notify each Bank of such issuance or amendment, which notice, shall be accompanied by a copy of the amendment or Letter of Credit actually issuedpractice.
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Letter of Credit Requests. (a) 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 two three Business Days' (or two Business Days' in the case of Trade Letters of Credit to be issued after the time at which the respective Issuing Bank and the Borrower agree on a standard form of Trade Letter of Credit to be utilized hereunder, or, in each case such shorter period as is acceptable to the respective Issuing BankBank in any given case) written notice thereof. Each notice shall be in the form of Exhibit C (each, each a "Letter ------ of Credit Request"). -----------------.
(b) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the Borrower that such Letter of Credit may be issued in accordance with, and will not violate the requirements of, Section 2.01(b2.01(c). Unless the respective Issuing Bank has received notice from any Bank the Required Banks before it issues a Letter of Credit that one or more of the conditions specified in Sections Section 5 or Section 6 are not then satisfied, or that the issuance of such Letter of Credit would violate Section 2.01(b)2.01(c) or any other provision of this Agreement, then such Issuing Bank shall issue the requested Letter of Credit for the account of the Borrower in accordance with such Issuing Bank's usual and customary practices. Upon its issuance of any Standby Letter of Credit or any amendment theretoCredit, such Issuing Bank shall promptly notify each Bank of such issuance or amendmentissuance, which notice, notice shall be accompanied by a copy of the amendment or Standby Letter of Credit actually issued. In addition, each Issuing Bank agrees to notify the Agent in writing on the first Business Day of each week of the daily aggregate Stated Amount of each Letter of Credit issued by such Issuing Bank for the immediately preceding week.
Appears in 1 contract
Samples: Credit Agreement (Tracor Inc /De)
Letter of Credit Requests. (a) 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 two Business Days' ’ (or such shorter period as is acceptable to the respective Issuing Bank) written notice thereof. Each notice shall be in the form of Exhibit C to the Original Credit Agreement (each, a "“Letter ------ of Credit Request"”). -----------------.
(b) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the Borrower that such Letter of Credit may be issued in accordance with, and will not violate the requirements of, Section 2.01(b). Unless the respective Issuing Bank has received notice from any Bank before it issues a Letter of Credit that one or more of the conditions specified in Sections 5 or 6 are not then satisfied, or that the issuance of such Letter of Credit would violate Section 2.01(b), then such Issuing Bank shall issue the requested Letter of Credit for the account of the Borrower in accordance with such Issuing Bank's ’s usual and customary practices. Upon its the issuance of any Letter of Credit or any amendment thereto, such the Issuing Bank shall promptly notify the Borrower and Administrative Agent, in writing, of such issuance or amendment, and such notice shall be accompanied by a copy of such issuance or amendment. Upon receipt of such notice, the Administrative Agent shall notify each Bank of such issuance or amendment, which notice, shall be accompanied by a copy of the amendment or Letter of Credit actually issued.
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Letter of Credit Requests. (a) 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 Letter of Credit Issuer written notice thereof prior to 12:00 Noon (New York time) at least two five Business Days' Days (or such shorter period as is may be acceptable to the respective Issuing BankLetter of Credit Issuer) prior to the proposed date of issuance (which shall be a Business Day) which written notice thereof. Each notice shall be in the form of Exhibit C (each, a "Letter ------ of Credit Request"). -----------------Each Letter of Credit Request shall include any other documents as such Letter of Credit Issuer customarily requires in connection therewith.
(b) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the Borrower that such Letter of Credit may be issued in accordance with, and it will not violate the requirements of, Section 2.01(b2.01(c). Unless the respective Issuing Bank Letter of Credit Issuer has received notice from any Bank Agent or the Required Banks before it issues a Letter of Credit that one or more of the applicable conditions specified in Sections Section 5 or 6 6, as the case may be, are not then satisfied, or that the issuance of such Letter of Credit would violate Section 2.01(b2.01(c), then such Issuing Bank shall Letter of Credit Issuer may issue the requested Letter of Credit for the account of the Borrower in accordance with such Issuing BankLetter of Credit Issuer's usual and customary practices. Upon its issuance of any Letter of Credit or any amendment thereto, such Issuing Bank shall promptly notify each Bank of such issuance or amendment, which notice, shall be accompanied by a copy of the amendment or Letter of Credit actually issuedpractice.
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Letter of Credit Requests. (a) 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 Letter of Credit Issuer written notice (or telephonic notice confirmed in writing) thereof prior to 12:00 Noon (New York time) at least two five Business Days' Days (or such shorter period as is may be acceptable to the respective Issuing BankLetter of Credit Issuer) prior to the proposed date of issuance (which shall be a Business Day) which written notice thereof. Each notice shall be in the form of Exhibit C (each, a "Letter ------ of Credit Request"). -----------------Each Letter of Credit Request shall include any other documents as such Letter of Credit Issuer customarily requires in connection therewith.
(b) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the Borrower that such Letter of Credit may be issued in accordance with, and it will not violate the requirements of, Section 2.01(b2.01(a). Unless the respective Issuing Bank Letter of Credit Issuer has received notice from any Bank the Required Banks before it issues a Letter of Credit that one or more of the applicable conditions specified in Sections Section 5 or 6 6, as the case may be, are not then satisfied, or that the issuance of such Letter of Credit would violate Section 2.01(b2.01(a), then such Issuing Bank shall Letter of Credit Issuer may issue the requested Letter of Credit for the account of the Borrower in accordance with such Issuing BankLetter of Credit Issuer's usual and customary practices. Upon its issuance of any Letter of Credit or any amendment thereto, such Issuing Bank shall promptly notify each Bank of such issuance or amendment, which notice, shall be accompanied by a copy of the amendment or Letter of Credit actually issuedpractice.
Appears in 1 contract
Letter of Credit Requests. (a) 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 BTCo at least two Business Days' (or such shorter period as is acceptable to the respective Issuing BankBTCo in any given case) written notice thereofthereof (including by way of facsimile). Each notice shall be in the form of Exhibit C (each, each a "Letter ------ of Credit Request"). -----------------.
(b) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the Borrower that such Letter of Credit may be issued in accordance with, and will not violate the requirements of, Section 2.01(b2.01(c). Unless the respective Issuing Bank BTCo has received notice from any Bank the Required Lenders before it issues a Letter of Credit that one or more of the conditions specified in Sections 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 2.01(b2.01(c), then such Issuing Bank shall BTCo may issue the requested Letter of Credit for the account of the Borrower in accordance with such Issuing BankBTCo's usual and customary practices. Upon its issuance of or amendment to any Standby Letter of Credit or any amendment theretoCredit, such Issuing Bank BTCo shall promptly notify the Borrower and each Bank Lender, in writing of such issuance or amendmentamendment and, which notice, shall be accompanied if requested by a copy Lender, BTCo shall provide such Lender with copies of any such issuance or amendment. In the case of Trade Letters of Credit, BTCo shall promptly notify the Lenders of the amendment or Letter aggregate Stated Amount of Credit actually issuedsame as of the close of business on the last Business Day of the preceding week.
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Letter of Credit Requests. (a) 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 Letter of Credit Issuer written notice thereof prior to 12:00 Noon (New York time) at least two five Business Days' Days (or such shorter period as is may be acceptable to the respective Issuing BankLetter of Credit Issuer) prior to the proposed date of issuance (which shall be a Business Day) which written notice thereof. Each notice shall be in the form of Exhibit C (each, a "Letter ------ of Credit Request"). -----------------Each Letter of Credit Request shall include any other documents as such Letter of Credit Issuer customarily requires in connection therewith.
(b) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the Borrower that such Letter of Credit may be issued in accordance with, and it will not violate the requirements of, Section 2.01(bSection
2.01 (c). Unless the respective Issuing Bank Letter of Credit Issuer has received notice from any Bank the Required Banks before it issues a Letter of Credit that one or more of the applicable conditions specified in Sections Section 5 or 6 6, as the case may be, are not then satisfied, or that the issuance of such Letter of Credit would violate Section 2.01(b2.01(c), then such Issuing Bank shall Letter of Credit Issuer may issue the requested Letter of Credit for the account of the Borrower in accordance with such Issuing BankLetter of Credit Issuer's usual and customary practices. Upon its issuance of any Letter of Credit or any amendment thereto, such Issuing Bank shall promptly notify each Bank of such issuance or amendment, which notice, shall be accompanied by a copy of the amendment or Letter of Credit actually issuedpractice.
Appears in 1 contract
Letter of Credit Requests. (a) Whenever the US Borrower desires ------------------------- that a Letter of Credit be issued for its account, the US Borrower shall give the Administrative Agent Payments Administrator and the respective Issuing Bank Lender at least two three Business Days' (or such shorter period as is acceptable to the respective Issuing BankLender) by facsimile written notice thereof. Each notice shall be in the form of Exhibit C (each, each a "Letter ------ of Credit Request"). -----------------.
(b) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the US Borrower that such Letter of Credit may be issued in accordance with, and will not violate the requirements of, Section 2.01(b2.01(c). Unless the respective Issuing Bank Lender has received notice from any Bank Lender before it issues a Letter of Credit that one or more of the conditions specified in Sections Section 5 or 6 are not then satisfied, or that the issuance of such Letter of Credit would violate Section 2.01(b2.01(e), then such Issuing Bank shall Lender may issue the requested Letter of Credit for the account of the US Borrower in accordance with such Issuing BankLender's usual and customary practices. Upon its issuance or amendment of any Letter of Credit or any amendment theretoCredit, such Issuing Bank Lender shall promptly notify in writing each Bank Lender and the DIP Agent of such issuance or amendment, which notice, notice shall be accompanied accompanied, if requested by any Lender, by a copy of the amendment or of the Letter of Credit actually issued.
Appears in 1 contract
Letter of Credit Requests. (a) 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 two Business Days5 days' (or such shorter period as is acceptable to the respective such Issuing BankBank in any given case) written notice thereofprior to the proposed date of issuance (which shall be a Business Day). Each notice shall be in the form of Exhibit C (each, a "Letter ------ of Credit Request"). -----------------.
(b) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the Borrower that such Letter of Credit may be issued in accordance with, and will not violate the requirements of, Section 2.01(b2.01(c). Unless the respective Issuing Bank has received notice from any Bank the Required Banks before it issues a Letter of Credit that one or more of the applicable conditions specified in Sections Section 5 or 6 6, as the case may be, are not then satisfied, or that the issuance of such Letter of Credit would violate Section 2.01(b2.01(c), then such Issuing Bank shall may issue the requested Letter of Credit for the account of the Borrower in accordance with such Issuing Bank's usual and customary practices. Upon its issuance of any Letter of Credit or any amendment thereto, such Issuing Bank shall promptly notify each Bank of such issuance or amendment, which notice, shall be accompanied by a copy of the amendment or Letter of Credit actually issued.
Appears in 1 contract
Letter of Credit Requests. (a) 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 BTCo at least two Business Days' (or such shorter period as is acceptable to the respective Issuing BankBTCo in any given case) written notice thereof. Each notice shall be in the form of Exhibit C (each, each a "Letter ------ of Credit Request"). -----------------.
(b) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the Borrower that such Letter of Credit may be issued in accordance with, and will not violate the requirements of, Section 2.01(b2.01(c). Unless the respective Issuing Bank BTCo has received notice from any Bank the Required Lenders before it issues a Letter of Credit that one or more of the conditions specified in Sections 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 2.01(b2.01(c), then such Issuing Bank shall BTCo may issue the requested Letter of Credit for the account of the Borrower in accordance with such Issuing BankBTCo's usual and customary practices. Upon its issuance of or amendment to any Standby Letter of Credit or any amendment theretoCredit, such Issuing Bank BTCo shall promptly notify the Borrower and each Bank Lender, in writing of such issuance or amendmentamendment and, which notice, shall be accompanied if requested by a copy Lender, BTCo shall provide such Lender with copies of any such issuance or amendment. In the case of Trade Letters of Credit, BTCo shall promptly notify the Lenders of the amendment or Letter aggregate Stated Amount of Credit actually issuedsame as of the close of business on the last Business Day of the preceding week.
Appears in 1 contract
Samples: Credit Agreement (Universal Compression Holdings Inc)
Letter of Credit Requests. (a) 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 Letter of Credit Issuer written notice thereof prior to 12:00 Noon (New York time) at least two five Business Days' Days (or such shorter period as is may be acceptable to the respective Issuing BankLetter of Credit Issuer) prior to the proposed date of issuance (which shall be a Business Day) which written notice thereof. Each notice shall be in the form of Exhibit C (each, a "Letter ------ of Credit Request"). -----------------Each Letter of Credit Request shall include any other documents as such Letter of Credit Issuer customarily requires in connection therewith.
(b) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the Borrower that such Letter of Credit may be issued in accordance with, and it will not violate the requirements of, Section 2.01(b2.01(c). Unless the respective Issuing Bank Letter of Credit Issuer has received notice from any Bank the Required Banks before it issues a Letter of Credit that one or more of the applicable conditions specified in Sections Section 5 or 6 6, as the case may be, are not then satisfied, or that the issuance of such Letter of Credit would violate Section 2.01(b2.01(c), then such Issuing Bank shall Letter of Credit Issuer may issue the requested Letter of Credit for the account of the Borrower in accordance with such Issuing BankLetter of Credit Issuer's usual and customary practices. Upon its issuance of any Letter of Credit or any amendment thereto, such Issuing Bank shall promptly notify each Bank of such issuance or amendment, which notice, shall be accompanied by a copy of the amendment or Letter of Credit actually issuedpractice.
Appears in 1 contract
Letter of Credit Requests. (a) 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 Letter of Credit Issuer written notice thereof prior to 12:00 Noon (New York time) at least two five Business Days' Days (or such shorter period as is may be acceptable to the respective Issuing BankLetter of Credit Issuer) prior to the proposed date of issuance (which shall be a Business Day) which written notice thereof. Each notice shall be in the form of Exhibit C (each, a "Letter ------ of Credit Request"). -----------------Each Letter of Credit Request shall include any other documents as such Letter of Credit Issuer customarily requires in connection therewith.
(b) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the Borrower that such Letter of Credit may be issued in accordance with, and it will not violate the requirements of, Section 2.01(bSection
2.01 (c). Unless the respective Issuing Bank Letter of Credit Issuer has received notice from any Bank Agent or the Required Banks before it issues a Letter of Credit that one or more of the applicable conditions specified in Sections Section 5 or 6 6, as the case may be, are not then satisfied, or that the issuance of such Letter of Credit would violate Section 2.01(b2.01(c), then such Issuing Bank shall Letter of Credit Issuer may issue the requested Letter of Credit for the account of the Borrower in accordance with such Issuing BankLetter of Credit Issuer's usual and customary practices. Upon its issuance of any Letter of Credit or any amendment thereto, such Issuing Bank shall promptly notify each Bank of such issuance or amendment, which notice, shall be accompanied by a copy of the amendment or Letter of Credit actually issuedpractice.
Appears in 1 contract
Letter of Credit Requests. (a) Whenever the US Borrower desires ------------------------- that a Letter of Credit be issued for its account, the US Borrower shall give the Administrative Agent and the respective Issuing Bank Lender at least two five Business Days' (or such shorter period as is acceptable to the respective Issuing BankLender) written notice thereof. Each notice shall be in the form of Exhibit C F (each, each a "Letter ------ of Credit Request"). -----------------.
(b) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the US Borrower that such Letter of Credit may be issued in accordance with, and will not violate the requirements of, Section 2.01(b2.17(c). Unless the respective Issuing Bank Lender has received notice from any Bank Lender before it issues a Letter of Credit that one or more of the conditions specified in Sections 5 or 6 Article III are not then satisfied, or that the issuance of such Letter of Credit would violate Section 2.01(b2.17(c), then such the Issuing Bank shall Lender may issue the requested Letter of Credit for the account of the US Borrower in accordance with such the Issuing BankLender's usual and customary practices. Upon its the issuance of any Letter of Credit or any amendment theretoCredit, such the Issuing Bank Lender shall promptly notify each Bank Lender of such issuance or amendment, which notice, and such notice shall be accompanied by a copy of the amendment or issued Letter of Credit actually issuedCredit.
Appears in 1 contract
Letter of Credit Requests. (a) 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 Letter of Credit Issuer written notice thereof prior to 12:00 Noon (New York time) at least two three Business Days' Days (or such shorter period as is may be acceptable to the respective Issuing BankLetter of Credit Issuer) prior to the proposed date of issuance (which shall be a Business Day) which written notice thereof. Each notice shall be in the form of Exhibit C (each, a "Letter ------ of Credit Request"). -----------------Each Letter of Credit Request shall include any other documents as such Letter of Credit Issuer customarily requires in connection therewith.
(b) The making of each Letter of Credit Request shall be deemed to be a representation and warranty by the Borrower that such Letter of Credit may be issued in accordance with, and it will not violate the requirements of, Section 2.01(b2.01(c). Unless the respective Issuing Bank Letter of Credit Issuer has received notice from the Borrower, any Bank Agent or the Required Lenders before it issues a Letter of Credit that one or more of the applicable conditions specified in Sections Section 5 or 6 6, as the case may be, are not then satisfied, or that the issuance of such Letter of Credit would violate Section 2.01(b2.01(c), then such Issuing Bank shall Letter of Credit Issuer may issue the requested Letter of Credit for the account of the Borrower in accordance with such Issuing BankLetter of Credit Issuer's usual and customary practices. Upon its issuance of any Letter of Credit or any amendment thereto, such Issuing Bank shall promptly notify each Bank of such issuance or amendment, which notice, shall be accompanied by a copy of the amendment or Letter of Credit actually issuedpractice.
Appears in 1 contract