Common use of Letter of Credit Sub-Facility Clause in Contracts

Letter of Credit Sub-Facility. (a) Subject to the terms and conditions hereof, the Issuer agrees, in reliance on the agreement of the other Lenders set forth in Section 2.8, to issue standby and commercial letters of credit (each a "Letter of Credit" and, collectively, the "Letters of Credit") during the Commitment Period for the account of a Borrower, provided that immediately after the issuance of each Letter of Credit (i) the Letter of Credit Exposure of all Lenders shall not exceed the Letter of Credit Commitment, and (ii) the Aggregate Credit Exposure would not exceed the Aggregate Commitment Amount. Each Letter of Credit shall have an expiration date which shall be not later than the earlier to occur of 12 months from the date of issuance thereof or 10 days prior to the Commitment Termination Date. No Letter of Credit shall be issued if the Agent, or any Lender by notice to the Agent, the Issuer and the Company no later than 3:00 P.M. one Domestic Business Day prior to the requested date of issuance of such Letter of Credit, shall have determined that the conditions set forth in Sections 5 and 6 have not been satisfied and such conditions remain unsatisfied as of the requested date of issuance of such Letter of Credit.

Appears in 2 contracts

Samples: Credit Agreement (Linens N Things Inc), Credit Agreement (Linens N Things Inc)

AutoNDA by SimpleDocs

Letter of Credit Sub-Facility. (a) Subject to the terms and conditions hereofof this Agreement, the Issuer Issuing Bank agrees, in reliance on the agreement of the other Lenders set forth in Section 2.82.9, to issue standby and commercial letters of credit (each the "Letters of Credit"; each, individually, a "Letter of Credit" and, collectively, the "Letters of Credit") during the Commitment Period for the account of a the Borrower, provided that immediately after the issuance of each Letter of Credit (i) the Letter aggregate amount available to be drawn under all Letters of Credit Exposure of all Lenders shall (whether or not the conditions for drawing thereunder have or may be satisfied) would not exceed the Letter of Credit Commitment$15,000,000, and (ii) the Aggregate Credit Exposure would not exceed the Aggregate Commitment Amount. Each Letter of Credit issued pursuant to this Section shall have an expiration a termination date which shall be not later than the earlier to occur of 12 (1) twelve months from after the date of issuance thereof or 10 days prior to and (2) the Commitment Termination Business Day immediately preceding the Maturity Date. No Letter of Credit shall be issued if the Agent, or any Lender by notice to the Agent, the Issuer and the Company Agent no later than 3:00 P.M. 1:00 p.m. one Domestic Business Day prior to the requested date of issuance of such Letter of Credit, shall have determined that the conditions any condition set forth in Sections Section 5 and or 6 have has not been satisfied and such conditions remain unsatisfied as of the requested date of issuance of such Letter of Creditsatisfied.

Appears in 1 contract

Samples: Revolving Credit Agreement (Air Express International Corp /De/)

AutoNDA by SimpleDocs

Letter of Credit Sub-Facility. (a) Subject to the terms and conditions hereof, the Issuer agrees, in reliance on the agreement of the other Lenders set forth in Section 2.82.9, to issue standby and commercial letters of credit (each a "Letter of Credit" and, collectively, the "Letters of Credit") during the Commitment Period for the account of a Borrower, provided that immediately after the issuance of each Letter of Credit (i) the Letter of Credit Exposure of all Lenders shall not exceed the Letter of Credit Commitment, and (ii) the Aggregate Credit Exposure would not exceed the Aggregate Commitment Amount. Each Letter of Credit shall have an expiration date which shall be not later than the earlier to occur of 12 months from the date of issuance thereof or 10 days prior to the Commitment Termination Date. No Letter of Credit shall be issued if the Agent, or any Lender by notice to the Agent, the Issuer and the Company no later than 3:00 P.M. one Domestic Business Day prior to the requested date of issuance of such Letter of Credit, shall have determined that the conditions set forth in Sections 5 and 6 have not been satisfied and such conditions remain unsatisfied as of the requested date of issuance of such Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Linens N Things Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!