Common use of Maximum Letter of Credit Outstandings; Final Maturities; etc Clause in Contracts

Maximum Letter of Credit Outstandings; Final Maturities; etc. (a) Notwithstanding anything to the contrary contained in this Agreement, (i) no Letter of Credit shall be issued the Stated Amount of which, when added to the Letter of Credit Outstandings at such time, would exceed $10,000,000, (ii) no Letter of Credit shall be issued if, after giving effect thereto, (x) the Revolving Credit Exposure of any Lender would exceed its Revolving Loan Commitment as then in effect or (y) the Aggregate Revolving Credit Exposure would exceed the Total Revolving Loan Commitment as then in effect, (iii) each Letter of Credit shall by its terms terminate on or before the earlier of (x) the date which occurs 12 months after the date of the issuance thereof (although any such Letter of Credit may be extendible for successive periods of up to 12 months, but not beyond the tenth Business Day prior to the Maturity Date (unless on or before the date of issuance of such Letter of Credit the U.S. Borrower cash collateralizes (it being understood such cash collateral will be held in an interest bearing account under the sole dominion and control of the Administrative Agent in which the Administrative Agent, for the benefit of the Secured Parties, has a first priority security interest) the reimbursement obligation with respect thereto with cash equal to 105% of the Stated Amount of such Letter of Credit or delivers a back-to-back letter of credit in form satisfactory to the Issuing Bank on terms acceptable to the Issuing Bank)) and (y) the tenth Business Day prior to the Maturity Date (unless on or before the Maturity Date the U.S. Borrower cash collateralizes the reimbursement obligation with respect thereto with cash equal to 105% of the Stated Amount of such Letter of Credit on terms acceptable to the Issuing Bank or delivers a back-to-back letter of credit in form satisfactory to the Issuing Bank), (iv) each Letter of Credit shall be denominated in Dollars and (v) the Stated Amount of each Letter of Credit shall be no less than $500,000, or such lesser amount as is acceptable to the Issuing Bank. (b) Notwithstanding the foregoing, in the event a Lender Default exists, the Issuing Bank shall not be required to issue any Letters of Credit unless the Issuing Bank has entered into arrangements satisfactory to it and the U.S. Borrower to eliminate the Issuing Bank’s risk with respect to the participation in Letters of Credit of the Defaulting Lender or Lenders, which may include cash collateralizing such Defaulting Lender’s or Lenders’ RL Percentage of the Letter of Credit Outstandings.

Maximum Letter of Credit Outstandings; Final Maturities; etc. (a) Notwithstanding anything to the contrary contained in this Agreement, (i) no Letter of Credit shall be issued the Stated Amount of which, when added to the Letter of Credit Outstandings (exclusive of Unpaid Drawings which are repaid on the date of, and prior to the issuance of, the respective Letter of Credit) at such time would exceed, when added to the sum of (I) the aggregate principal amount of all Revolving Loans then outstanding and (II) the aggregate principal amount of all Swingline Loans then outstanding, an amount equal to the Total Revolving Loan Commitment at such time, would exceed $10,000,000, (ii) no Letter of Credit shall be issued ifthe Stated Amount of which, after giving effect theretowhen added to the Letter of Credit Outstandings (exclusive of Unpaid Drawings in respect of Letters of Credit which are repaid on the date of, (xand prior to the issuance of, the respective Letter of Credit) the Revolving Credit Exposure of any Lender would exceed its Revolving Loan Commitment as then in effect or (y) the Aggregate Revolving Credit Exposure at such time would exceed the Total Revolving Loan Commitment as then in effectMaximum Letter of Credit Amount, (iii) no Letter of Credit shall be issued the Stated Amount of which, when added to the Letter of Credit Outstandings under Letters of Credit issued by any Issuing Lender (exclusive of Unpaid Drawings in respect of Letters of Credit which are repaid on the date of, and prior to the issuance of, the respective Letter of Credit) at such time would exceed such Issuing Lender’s Fronting Sublimit and (iv) each Letter of Credit shall by its terms terminate on or before the earlier of (xA) the date which occurs 12 months after the date of the issuance thereof (although any such Letter of Credit may shall be extendible for successive periods of up to 12 months, but but, in each case, not beyond the tenth Business Day prior to one year anniversary of the Maturity Date (unless on or before the date of issuance of such Letter of Credit the U.S. Borrower cash collateralizes (it being understood such cash collateral will be held in an interest bearing account under the sole dominion and control of the Administrative Agent in which the Administrative AgentDate, for the benefit of the Secured Parties, has a first priority security interest) the reimbursement obligation with respect thereto with cash equal to 105% of the Stated Amount of such Letter of Credit or delivers a back-to-back letter of credit in form satisfactory to the Issuing Bank on terms acceptable to the respective Issuing Bank)Lender) and (yB) the tenth Business Day prior to one year anniversary of the Maturity Date (unless on or before the Maturity Date the U.S. Borrower cash collateralizes the reimbursement obligation with respect thereto with cash equal to 105% of the Stated Amount of such Letter of Credit on terms acceptable to the Issuing Bank or delivers a back-to-back letter of credit in form satisfactory to the Issuing Bank), (iv) each Letter of Credit shall be denominated in Dollars and (v) the Stated Amount of each Letter of Credit shall be no less than $500,000, or such lesser amount as is acceptable to the Issuing BankDate. (b) Notwithstanding the foregoing, in the event a Lender Default exists, the Issuing Bank shall not be required to issue any Letters of Credit unless the Issuing Bank has entered into arrangements satisfactory to it and the U.S. Borrower to eliminate the Issuing Bank’s risk with respect to the participation in Letters of Credit of the Defaulting Lender or Lenders, which may include cash collateralizing such Defaulting Lender’s or Lenders’ RL Percentage of the Letter of Credit Outstandings.

Maximum Letter of Credit Outstandings; Final Maturities; etc. (a) Notwithstanding anything to the contrary contained in this Agreement, (i) no Letter of Credit shall be issued the Stated Amount of which, when added to the Letter of Credit Outstandings at such time, would exceed $10,000,000, (ii) no Letter of Credit shall be issued if, after giving effect thereto, (x) the Revolving Credit Exposure of any Lender would exceed its Revolving Loan Commitment as then in effect or (y) the Aggregate Revolving Credit Exposure of such Tranche would exceed the Total Revolving A Loan Commitment Capacity or the Total Revolving B Loan Capacity, as applicable, as then in effect, (iii) each Letter of Credit shall by its terms terminate on or before the earlier of (x) the date which occurs 12 months after the date of the issuance thereof (although any such Letter of Credit may be extendible for successive periods of up to 12 months, but not beyond the tenth Business Day prior to the Maturity Date (unless on or before the date of issuance of such Letter of Credit the U.S. Borrower cash collateralizes (it being understood such cash collateral will be held in an interest bearing account under the sole dominion and control of the Administrative Agent in which the Administrative Agent, for the benefit of the Secured Parties, has a first priority security interest) the reimbursement obligation with respect thereto with cash equal to 105% of the Stated Amount of such Letter of Credit or delivers a back-to-back letter of credit in form satisfactory to the Issuing Bank on terms acceptable to the Issuing Bank)) and (y) the tenth Business Day prior to the Maturity Date (unless on or before the Maturity Date the U.S. Borrower cash collateralizes the reimbursement obligation with respect thereto with cash equal to 105% of the Stated Amount of such Letter of Credit on terms acceptable to the Issuing Bank or delivers a back-to-back letter of credit in form satisfactory to the Issuing Bank), (iv) each Letter of Credit shall be denominated in Dollars and (v) the Stated Amount of each Letter of Credit shall be no less than $500,000, or such lesser amount as is acceptable to the Issuing Bank. (b) Notwithstanding the foregoing, in the event a Lender Default exists, the Issuing Bank shall not be required to issue any Letters of Credit unless the Issuing Bank has entered into arrangements satisfactory to it and the U.S. Borrower to eliminate the Issuing Bank’s risk with respect to the participation in Letters of Credit of the Defaulting Lender or Lenders, which may include cash collateralizing such Defaulting Lender’s or Lenders’ RL Percentage of the Letter of Credit Outstandings.

Maximum Letter of Credit Outstandings; Final Maturities; etc. (a) Notwithstanding anything to the contrary contained in this Agreement, (i) no Letter of Credit shall be issued the Stated Amount of which, when added to the Letter of Credit Outstandings at such time, would exceed $10,000,000100,000,000, (ii) no Letter of Credit shall be issued if, after giving effect thereto, (x) the Revolving Credit Exposure of any Lender would exceed its Revolving Loan Commitment as then in effect or (y) the Aggregate Revolving Credit Exposure would exceed the Total Revolving Loan Commitment as then in effect, (iii) each Letter of Credit shall by its terms terminate on or before the earlier of (x) the date which occurs 12 months after the date of the issuance thereof (although any such Letter of Credit may be extendible for successive periods of up to 12 months, but not beyond the tenth Business Day prior to the Maturity Date (unless on or before the date of issuance of such Letter of Credit the U.S. Borrower cash collateralizes (it being understood such cash collateral will be held in an interest bearing account under the sole dominion and control of the Administrative Agent in which the Administrative Agent, for the benefit of the Secured Parties, has a first priority security interest) the reimbursement obligation with respect thereto with cash equal to 105% of the Stated Amount of such Letter of Credit or delivers a back-to-back letter of credit in form satisfactory to the Issuing Bank on terms acceptable to the Issuing Bank)) and (y) the tenth Business Day prior to the Maturity Date (unless on or before the Maturity Date the U.S. Borrower cash collateralizes the reimbursement obligation with respect thereto with cash equal to 105% of the Stated Amount of such Letter of Credit on terms acceptable to the Issuing Bank or delivers a back-to-back letter of credit in form satisfactory to the Issuing Bank), (iv) each Letter of Credit shall be denominated in Dollars and (v) the Stated Amount of each Letter of Credit shall be no less than $500,000, or such lesser amount as is acceptable to the Issuing Bank. (b) Notwithstanding the foregoing, in the event a Lender Default exists, the Issuing Bank shall not be required to issue any Letters of Credit unless the Issuing Bank has entered into arrangements satisfactory to it and the U.S. Borrower to eliminate the Issuing Bank’s risk with respect to the participation in Letters of Credit of the Defaulting Lender or Lenders, which may include cash collateralizing such Defaulting Lender’s or Lenders’ RL Percentage of the Letter of Credit Outstandings.

Maximum Letter of Credit Outstandings; Final Maturities; etc. (a) Notwithstanding anything to the contrary contained in this Agreement, (i) no Letter of Credit shall be issued the Stated Amount of which, when added to the Letter of Credit Outstandings at such time, would exceed $10,000,000350,000,000, (ii) no Alternate Currency Letter of Credit shall be issued if, after giving effect thereto, the Aggregate Alternate Currency Credit Exposure would exceed $500,000,000 at such time, (iii) no Alternate Currency Letter of Credit denominated in a given Other Permitted LIBOR-Based Alternate Currency shall be issued if, after giving effect thereto, the Aggregate Other Permitted LIBOR-Based Alternate Currency Revolving Credit Exposure with respect to such Other Permitted LIBOR-Based Alternate Currency would exceed $50,000,000 at such time, (iv) no Alternate Currency Letter of Credit denominated in a given Permitted Non-LIBOR-Based Alternate Currency shall be issued if, after giving effect thereto, the Aggregate Permitted Non-LIBOR-Based Alternate Currency Revolving Credit Exposure with respect to such Permitted Non-LIBOR-Based Alternate Currency would exceed $50,000,000 at such time, (v) no Letter of Credit shall be issued if, after giving effect thereto, (x) the Individual Revolving Credit Exposure of any Lender would exceed its Revolving Loan Commitment as then in effect or (y) the Aggregate Revolving Credit Exposure would exceed the Total Revolving Loan Commitment as then in effect, (iiivi) no Alternate Currency Letter of Credit denominated in a given Alternate Currency and issued under a given Alternate Currency Revolving Loan Sub-Tranche shall be issued if, after giving effect thereto, the Individual Alternate Currency Revolving Loan Sub-Commitment Credit Exposure of any Alternate Currency RL Lender with an Alternate Currency Revolving Loan Sub-Commitment relating to such Alternate Currency Revolving Loan Sub-Tranche would exceed such Alternate Currency Revolving Loan Sub-Commitment of such Alternate Currency RL Lender at such time, (vii) each Letter of Credit shall by its terms terminate (A) in the case of Standby Letters of Credit, on or before the earlier of (x) the date which occurs 12 months after the date of the issuance thereof (although any such Standby Letter of Credit may be extendible for successive periods of up to 12 months, but not beyond the tenth Business Day prior to the Maturity Date (unless on or before the date of issuance of such Letter of Credit the U.S. Borrower cash collateralizes (it being understood such cash collateral will be held in an interest bearing account under the sole dominion and control of the Administrative Agent in which the Administrative AgentDate, for the benefit of the Secured Parties, has a first priority security interest) the reimbursement obligation with respect thereto with cash equal to 105% of the Stated Amount of such Letter of Credit or delivers a back-to-back letter of credit in form satisfactory to the Issuing Bank on terms acceptable to the Issuing Bank)Bank thereof) and (y) the tenth Business Day prior to the Maturity Date and (unless B) in the case of Trade Letters of Credit, on or before the Maturity Date earlier of (x) the U.S. Borrower cash collateralizes date which occurs 180 days after the reimbursement obligation with respect thereto with cash equal to 105% date of the Stated Amount of such Letter of Credit on terms acceptable issuance thereof and (y) 30 days prior to the Issuing Bank or delivers a back-to-back letter of credit in form satisfactory to the Issuing Bank)Maturity Date, (iv) each Letter of Credit shall be denominated in Dollars and (vviii) the Stated Amount of each Letter of Credit shall be no less than $500,000100,000 (or, in the case of an Alternate Currency Letter of Credit, the Dollar Equivalent thereof), or such lesser amount as is acceptable to the respective Issuing Bank. (b) Notwithstanding the foregoing, in the event if a Lender Default existsexists with respect to any RL Lender, the an Issuing Bank shall not be required to issue issue, renew, extend or amend any Letters Letter of Credit requested to be issued, renewed, extended or amended by it unless the such Issuing Bank has entered into arrangements satisfactory to it and the U.S. Borrower Corporation to eliminate the such Issuing Bank’s risk with respect to the each Defaulting Lender’s participation in Letters of Credit of issued by such Issuing Bank (which arrangements are hereby consented to by the Defaulting Lender or Lenders), which may include including by cash collateralizing such each Defaulting Lender’s or Lenders’ RL Percentage of the Letter of Credit OutstandingsOutstandings with respect to such Letters of Credit (such arrangements, the “Letter of Credit Back-Stop Arrangements”).

Maximum Letter of Credit Outstandings; Final Maturities; etc. (a) Notwithstanding anything to the contrary contained in this Agreement, (i) no Letter of Credit shall be issued the Stated Amount of which, when added to the Letter of Credit Outstandings at such time, would exceed $10,000,000100,000,000, (ii) no Letter of Credit shall be issued if, after giving effect thereto, (x) the Revolving Credit Exposure of any Lender would exceed its Revolving Loan Commitment as then in effect or (y) the Aggregate Revolving Credit Exposure would exceed the Total Revolving Loan Commitment as then in effect, (iii) each Letter of Credit shall by its terms terminate (A) in the case of Standby Letters of Credit, on or before the earlier of (x) the date which occurs 12 months after the date of the issuance thereof (although any such Standby Letter of Credit may be extendible for successive periods of up to 12 months, but not beyond the tenth Business Day prior to the Revolving Loan Maturity Date (unless on or before the date of issuance of such Letter of Credit the U.S. Borrower cash collateralizes (it being understood such cash collateral will be held in an interest bearing account under the sole dominion and control of the Administrative Agent in which the Administrative AgentDate, for the benefit of the Secured Parties, has a first priority security interest) the reimbursement obligation with respect thereto with cash equal to 105% of the Stated Amount of such Letter of Credit or delivers a back-to-back letter of credit in form satisfactory to the Issuing Bank on terms acceptable to the Issuing Bank)Bank thereof) and (y) the tenth Business Day prior to the Revolving Loan Maturity Date and (unless B) in the case of Trade Letters of Credit, on or before the Maturity Date earlier of (x) the U.S. Borrower cash collateralizes date which occurs 180 days after the reimbursement obligation with respect thereto with cash equal to 105% date of the Stated Amount of such Letter of Credit on terms acceptable issuance thereof and (y) 30 days prior to the Issuing Bank or delivers a back-to-back letter of credit in form satisfactory to the Issuing Bank)Revolving Loan Maturity Date, (iv) each Letter of Credit shall be denominated in Dollars and (v) the Stated Amount of each Letter of Credit shall be no less than $500,0001,000,000, or such lesser amount as is acceptable to the respective Issuing Bank. (b) Notwithstanding the foregoing, in the event a Lender Default exists, the Issuing Bank shall not be required to issue any Letters of Credit unless the Issuing Bank has entered into arrangements satisfactory to it and the U.S. Borrower Parent Companies to eliminate the Issuing Bank’s 's risk with respect to the participation in Letters of Credit of the Defaulting Lender or Lenders, which may include including by cash collateralizing such Defaulting Lender’s 's or Lenders’ ' RL Percentage of the Letter of Credit Outstandings.

Maximum Letter of Credit Outstandings; Final Maturities; etc. (a) Notwithstanding anything to the contrary contained in this Agreement, (i) no Letter of Credit shall be issued the Stated Amount of which, when added to the Letter of Credit Outstandings at such time, would exceed $10,000,000350,000,000, (ii) no Alternate Currency Letter of Credit shall be issued if, after giving effect thereto, the Aggregate Alternate Currency Credit Exposure would exceed $500,000,000 at such time, (iii) no Alternate Currency Letter of Credit denominated in a given Other Permitted LIBOR-Based Alternate Currency shall be issued if, after giving effect thereto, the Aggregate Other Permitted LIBOR-Based Alternate Currency Revolving Credit Exposure with respect to such Other Permitted LIBOR-Based Alternate Currency would exceed $50,000,000 at such time, (iv) no Alternate Currency Letter of Credit denominated in a given Permitted Non-LIBOR-Based Alternate Currency shall be issued if, after giving effect thereto, the Aggregate Permitted Non-LIBOR-Based Alternate Currency Revolving Credit Exposure with respect to such Permitted Non-LIBOR-Based Alternate Currency would exceed $50,000,000 at such time, (v) no Letter of Credit shall be issued if, after giving effect thereto, (x) the Individual Revolving Credit Exposure of any Lender would exceed its Revolving Loan Commitment as then in effect or (y) the Aggregate Revolving Credit Exposure would exceed the Total Revolving Loan Commitment as then in effect, (iiivi) no Alternate Currency Letter of Credit denominated in a given Alternate Currency and issued under a given Alternate Currency Revolving Loan Sub-Tranche shall be issued if, after giving effect thereto, the Individual Alternate Currency Revolving Loan Sub-Commitment Credit Exposure of any Alternate Currency RL Lender with an Alternate Currency Revolving Loan Sub-Commitment relating to such Alternate Currency Revolving Loan Sub-Tranche would exceed such Alternate Currency Revolving Loan Sub-Commitment of such Alternate Currency RL Lender at such time, (vii) each Letter of Credit shall by its terms terminate (A) in the case of Standby Letters of Credit, on or before the earlier of (x) the date which occurs 12 months after the date of the issuance thereof (although any such Standby Letter of Credit may be extendible for successive periods of up to 12 months, but not beyond the tenth Business Day prior to the Maturity Date (unless on or before the date of issuance of such Letter of Credit the U.S. Borrower cash collateralizes (it being understood such cash collateral will be held in an interest bearing account under the sole dominion and control of the Administrative Agent in which the Administrative AgentDate, for the benefit of the Secured Parties, has a first priority security interest) the reimbursement obligation with respect thereto with cash equal to 105% of the Stated Amount of such Letter of Credit or delivers a back-to-back letter of credit in form satisfactory to the Issuing Bank on terms acceptable to the Issuing Bank)Bank thereof) and (y) the tenth Business Day prior to the Maturity Date and (unless B) in the case of Trade Letters of Credit, on or before the Maturity Date earlier of (x) the U.S. Borrower cash collateralizes date which occurs 180 days after the reimbursement obligation with respect thereto with cash equal to 105% date of the Stated Amount of such Letter of Credit on terms acceptable issuance thereof and (y) 30 days prior to the Issuing Bank or delivers a back-to-back letter of credit in form satisfactory to the Issuing Bank)Maturity Date, (iv) each Letter of Credit shall be denominated in Dollars and (vviii) the Stated Amount of each Letter of Credit shall be no less than $500,000100,000 (or, in the case of xxx Non-Dollar Alternate Currency Letter of Credit, the Dollar Equivalent thereof), or such lesser amount as is acceptable to the respective Issuing Bank. (b) Notwithstanding the foregoing, in the event if a Lender Default existsexists with respect to any RL Lender, the an Issuing Bank shall not be required to issue issue, renew, extend or amend any Letters Letter of Credit requested to be issued, renewed, extended or amended by it unless the such Issuing Bank has entered into arrangements satisfactory to it and the U.S. Borrower Corporation to eliminate the such Issuing Bank’s risk with respect to the each Defaulting Lender’s participation in Letters of Credit of issued by such Issuing Bank (which arrangements are hereby consented to by the Defaulting Lender or Lenders), which may include including by cash collateralizing such each Defaulting Lender’s or Lenders’ RL Percentage of the Letter of Credit OutstandingsOutstandings with respect to such Letters of Credit (such arrangements, the “Letter of Credit Back-Stop Arrangements”).

Maximum Letter of Credit Outstandings; Final Maturities; etc. (a) Notwithstanding anything to the contrary contained in this Agreement, (i) no Letter of Credit shall be issued the Stated Amount of which, when added to the Letter of Credit Outstandings at such time, would exceed $10,000,000400,000,000, (ii) no Alternate Currency Letter of Credit shall be issued if, after giving effect thereto, the Aggregate Alternate Currency Credit Exposure would exceed $500,000,000 at such time, (iii) no Alternate Currency Letter of Credit denominated in a given Other Permitted LIBOR-Based Alternate Currency shall be issued if, after giving effect thereto, the Aggregate Other Permitted LIBOR-Based Alternate Currency Revolving Credit Exposure with respect to such Other Permitted LIBOR-Based Alternate Currency would exceed $35,000,000 at such time, (iv) no Letter of Credit shall be issued if, after giving effect thereto, (x) the Individual Revolving Credit Exposure of any Lender would exceed its Revolving Loan Commitment as then in effect or (y) the Aggregate Revolving Credit Exposure would exceed the Total Revolving Loan Commitment as then in effect, (iiiv) no Alternative Currency Letter of Credit denominated in a given Alternate Currency and issued under a given Alternate Currency Revolving Loan Sub-Tranche shall be issued if, after giving effect thereto, the Individual Alternate Currency Revolving Loan Sub-Commitment Credit Exposure of any Alternate Currency RL Lender with an Alternate Currency Revolving Loan Sub-Commitment relating to such Alternate Currency Revolving Loan Sub-Tranche would exceed such Alternate Currency Revolving Loan Sub-Commitment of such Alternate Currency RL Lender at such time, and (vi) each Letter of Credit shall by its terms terminate (A) in the case of Standby Letters of Credit, on or before the earlier of (x) the date which occurs 12 months after the date of the issuance thereof (although any such Standby Letter of Credit may be extendible for successive periods of up to 12 months, but not beyond the tenth Business Day prior to the Maturity Date (unless on or before the date of issuance of such Letter of Credit the U.S. Borrower cash collateralizes (it being understood such cash collateral will be held in an interest bearing account under the sole dominion and control of the Administrative Agent in which the Administrative AgentDate, for the benefit of the Secured Parties, has a first priority security interest) the reimbursement obligation with respect thereto with cash equal to 105% of the Stated Amount of such Letter of Credit or delivers a back-to-back letter of credit in form satisfactory to the Issuing Bank on terms acceptable to the Issuing Bank)Bank thereof) and (y) the tenth Business Day prior to the Maturity Date and (unless B) in the case of Trade Letters of Credit, on or before the earlier of (x) the date which occurs 180 days after the date of issuance thereof and (y) 30 days prior to the Maturity Date the U.S. Borrower cash collateralizes the reimbursement obligation with respect thereto with cash equal to 105% of the Stated Amount of such Letter of Credit on terms acceptable to the Issuing Bank or delivers a back-to-back letter of credit in form satisfactory to the Issuing Bank), (iv) each Letter of Credit shall be denominated in Dollars and (v) the Stated Amount of each Letter of Credit shall be no less than $500,000100,000 (or, in the case of an Alternate Currency Letter of Credit, the Dollar Equivalent thereof), or such lesser amount as is acceptable to the respective Issuing Bank. (b) Notwithstanding the foregoing, in the event if a Lender Default exists, the an Issuing Bank shall not be required to issue any Letters of Credit requested to be issued by it unless the such Issuing Bank has entered into arrangements satisfactory to it and the U.S. Borrower Corporation to eliminate the such Issuing Bank’s risk with respect to the participation in Letters of Credit of the Defaulting Lender or Lenders, which may include including by cash collateralizing such Defaulting Lender’s or Lenders’ RL Percentage of the Letter of Credit Outstandings.

Maximum Letter of Credit Outstandings; Final Maturities; etc. (a) Notwithstanding anything to the contrary contained in this Agreement, (i) no Letter of Credit shall be issued the Stated Amount of which, when added to the Letter of Credit Outstandings at such time, would exceed $10,000,000350,000,000, (ii) no Alternate Currency Letter of Credit shall be issued if, after giving effect thereto, the Aggregate Alternate Currency Credit Exposure would exceed $500,000,000 at such time, (iii) no Letter of Credit shall be issued if, after giving effect thereto, (x) the Individual Revolving Credit Exposure of any Lender would exceed its Revolving Loan Commitment as then in effect or (y) the Aggregate Revolving Credit Exposure would exceed the Total Revolving Loan Commitment as then in effect, (iiiiv) no Alternate Currency Letter of Credit denominated in a given Alternate Currency and issued under a given Alternate Currency Revolving Loan Sub-Tranche shall be issued if, after giving effect thereto, the Individual Alternate Currency Revolving Loan Sub-Commitment Credit Exposure of any Alternate Currency RL Lender with an Alternate Currency Revolving Loan Sub-Commitment relating to such Alternate Currency Revolving Loan Sub-Tranche would exceed such Alternate Currency Revolving Loan Sub-Commitment of such Alternate Currency RL Lender at such time, (v) each Letter of Credit shall by its terms terminate (A) in the case of Standby Letters of Credit, on or before the earlier of (x) the date which occurs 12 months after the date of the issuance thereof (although any such Standby Letter of Credit may be extendible for successive periods of up to 12 months, but not beyond the tenth fifth Business Day prior to the Maturity Date, on terms acceptable to the Issuing Bank thereof) and (y) the fifth Business Day prior to the Maturity Date and (unless B) in the case of Trade Letters of Credit, on or before the earlier of (x) the date which occurs 180 days after the date of issuance of such thereof and (y) 30 days prior to the Maturity Date; provided that an Issuing Bank may issue a Letter of Credit with a termination date after the U.S. Borrower cash collateralizes (it being understood such Maturity Date if at the time of issuance the Account Party provides cash collateral will be held to the Issuing Bank in an interest bearing account under the sole dominion amount and control of the Administrative Agent in which the Administrative Agent, for the benefit of the Secured Parties, has a first priority security interest) the reimbursement obligation with respect thereto with cash equal to 105% of the Stated Amount of such Letter of Credit or delivers a back-to-back letter of credit in form on terms satisfactory to the Issuing Bank (and each RL Lender’s participation in such Letter of Credit shall terminate on terms acceptable to the Issuing Bank)) and (y) the tenth Business Day prior to the Maturity Date (unless on or before the Maturity Date the U.S. Borrower cash collateralizes the reimbursement obligation with of such RL Lender except in respect thereto with cash equal to 105% of the Stated Amount of drawings made under such Letter of Credit on terms acceptable or prior to the Issuing Bank or delivers a back-to-back letter of credit in form satisfactory to the Issuing Banksuch Maturity Date), (iv) each Letter of Credit shall be denominated in Dollars and (vvii) the Stated Amount of each Standby Letter of Credit shall be no less than $500,0001,000,000 (or, in the case of a Non-Dollar Alternate Currency Letter of Credit, the Dollar Equivalent thereof), or such lesser amount as is acceptable to the respective Issuing Bank and the Stated Amount of each Trade Letter of Credit shall be no less than $100,000 (or, in the case of a Non-Dollar Alternate Currency Letter of Credit, the Dollar Equivalent thereof), or such lesser amount as is acceptable to the respective Issuing Bank. (b) Notwithstanding the foregoing, in the event if any Lender has become a Lender Default existsDefaulting Lender, the an Issuing Bank shall not be required to issue issue, renew, extend or amend any Letter of Credit requested to be issued, renewed, extended or amended by it unless it is satisfied that the applicable Defaulting Lender’s participation in the outstanding Letters of Credit unless will be 100% covered by the Non-Defaulting Lenders as a result of a re-allocation pursuant to Section 1.21 (and participating interests in newly issued Letters of Credit shall be allocated in a manner consistent with Section 1.21) or such Issuing Bank has entered into arrangements satisfactory to it and the U.S. Borrower Corporation to eliminate the such Issuing Bank’s risk with respect to the each Defaulting Lender’s participation in Letters of Credit of issued by such Issuing Bank (which arrangements are hereby consented to by the Defaulting Lender or Lenders), which may include including by cash collateralizing such each Defaulting Lender’s or Lenders’ RL Percentage of the Letter of Credit OutstandingsOutstandings with respect to such Letters of Credit (such arrangements, the “Letter of Credit Back-Stop Arrangements”).

Maximum Letter of Credit Outstandings; Final Maturities; etc. (a) Notwithstanding anything to the contrary contained in this Agreement, (i) no Letter of Credit shall be issued the Stated Amount of which, when added to the Letter of Credit Outstandings at such time, would exceed $10,000,00025,000,000.00, (ii) no Letter of Credit shall be issued if, after giving effect thereto, (x) the Revolving Outstanding Credit Exposure of any Lender would exceed its Revolving Loan Commitment as then in effect or (y) the Aggregate Revolving Credit Exposure would exceed the Total Revolving Loan Commitment as then in effect, (iii) each Letter of Credit shall by its terms terminate (A) in the case of Standby Letters of Credit, on or before the earlier of (x) the date which occurs 12 months after the date of the issuance thereof (although any such Standby Letter of Credit may be extendible for successive periods of up to 12 months, but not beyond the tenth Business Day prior to the Maturity Date (unless on or before the date of issuance of such Letter of Credit the U.S. Borrower cash collateralizes (it being understood such cash collateral will be held in an interest bearing account under the sole dominion and control of the Administrative Agent in which the Administrative AgentDate, for the benefit of the Secured Parties, has a first priority security interest) the reimbursement obligation with respect thereto with cash equal to 105% of the Stated Amount of such Letter of Credit or delivers a back-to-back letter of credit in form satisfactory to the Issuing Bank on terms acceptable to the Issuing Bank)Bank thereof) and (y) the tenth Business Day prior to the Maturity Date and (unless B) in the case of Trade Letters of Credit, on or before the Maturity Date earlier of (x) the U.S. Borrower cash collateralizes date which occurs 180 days after the reimbursement obligation with respect thereto with cash equal to 105% date of the Stated Amount of such Letter of Credit on terms acceptable issuance thereof and (y) 30 days prior to the Issuing Bank or delivers a back-to-back letter of credit in form satisfactory to the Issuing Bank)Maturity Date, (iv) each Letter of Credit shall be denominated in Dollars U.S. dollars and (v) the Stated Amount of each Letter of Credit shall be no less than $500,000250,000.00, or such lesser amount as is acceptable to the respective Issuing Bank. (b) Notwithstanding the foregoing, in the event if a Lender Default exists, the an Issuing Bank shall not be required to issue any Letters of Credit requested to be issued by it unless the such Issuing Bank has entered into arrangements satisfactory to it it, Borrower and the U.S. Borrower Parent Guarantor to eliminate the such Issuing Bank’s 's risk with respect to the participation in Letters of Credit of the Defaulting Lender or Lenders, which may include including by cash collateralizing such Defaulting Lender’s 's or Lenders’ RL Percentage ' Pro Rata Share of the Letter of Credit Outstandings.

Maximum Letter of Credit Outstandings; Final Maturities; etc. (a) Notwithstanding anything to the contrary contained in this Agreement, (i) no WC Letter of Credit shall be issued the Stated Amount of which, when added to the WC Letter of Credit Outstandings (exclusive of WC Unpaid Drawings which are repaid on the date of, and prior to the issuance of, the respective WC Letter of Credit) at such time would exceed either (x) $45,000,000 or (y) when added to the sum of (I) the aggregate principal amount of all Revolving Loans then outstanding and (II) the aggregate principal amount of all Swingline Loans then outstanding, an amount equal to the Total Revolving Loan Commitment at such time, would exceed $10,000,000, (ii) no CL Letter of Credit shall be issued ifthe Stated Amount of which, after giving effect theretowhen added to the CL Letter of Credit Outstandings (exclusive of CL Unpaid Drawings which are repaid on the date of, and prior to the issuance of, the respective CL Letter of Credit) would exceed either (x) the Revolving Credit Exposure of any Lender would exceed its Revolving Loan Total Credit-Linked Commitment as then in effect at such time or (y) the Aggregate Revolving aggregate amount of the Credit-Linked Deposits in the Credit-Linked Deposit Account at such time, (iii) no WC Letter of Credit Exposure would exceed shall be issued unless the CL Letter of Credit Outstandings equals the Total Revolving Loan Credit-Linked Commitment as then in effect, and (iiiiv) each Letter of Credit shall by its terms terminate (x) in the case of standby Letters of Credit, on or before the earlier of (xA) the date which occurs 12 months after the date of the issuance thereof (although any such standby Letter of Credit may shall be extendible for successive periods of up to 12 months, but but, in each case, not beyond the tenth Business Day prior to the Maturity Date (unless on or before the date of issuance of such Letter of Credit the U.S. Borrower cash collateralizes (it being understood such cash collateral will be held in an interest bearing account under the sole dominion and control one year anniversary of the Administrative Agent in which the Administrative AgentFinal Maturity Date, for the benefit of the Secured Parties, has a first priority security interest) the reimbursement obligation with respect thereto with cash equal to 105% of the Stated Amount of such Letter of Credit or delivers a back-to-back letter of credit in form satisfactory to the Issuing Bank on terms acceptable to the respective Issuing Bank)Lender) and (B) the one year anniversary of the Final Maturity Date, and (y) in the tenth Business Day prior to the Maturity Date (unless case of trade Letters of Credit, on or before the Maturity Date earlier of (A) the U.S. Borrower cash collateralizes date which occurs 180 days after the reimbursement obligation with respect thereto with cash equal to 105% date of the Stated Amount of such Letter of Credit on terms acceptable issuance thereof and (B) 30 days prior to the Issuing Bank or delivers a back-to-back letter of credit in form satisfactory to the Issuing Bank), (iv) each Letter of Credit shall be denominated in Dollars and (v) the Stated Amount of each Letter of Credit shall be no less than $500,000, or such lesser amount as is acceptable to the Issuing BankFinal Maturity Date. (b) Notwithstanding the foregoing, in the event a Lender Default exists, the Issuing Bank shall not be required to issue any Letters of Credit unless the Issuing Bank has entered into arrangements satisfactory to it and the U.S. Borrower to eliminate the Issuing Bank’s risk with respect to the participation in Letters of Credit of the Defaulting Lender or Lenders, which may include cash collateralizing such Defaulting Lender’s or Lenders’ RL Percentage of the Letter of Credit Outstandings.

Maximum Letter of Credit Outstandings; Final Maturities; etc. (a) Notwithstanding anything to the contrary contained in this Agreement, (i) no Letter of Credit shall be issued the Stated Amount of which, when added to the Letter of Credit Outstandings at such time, would exceed $10,000,000400,000,000, (ii) no Letter of Credit shall be issued if, after giving effect thereto, (x) the Revolving Credit Exposure of any Lender would exceed its Revolving Loan Commitment as then in effect or (y) the Aggregate Revolving Credit Exposure would exceed the Total Revolving Loan Commitment as then in effect, (iii) each Letter of Credit shall by its terms terminate (A) in the case of Standby Letters of Credit, on or before the earlier of (x) the date which occurs 12 months after the date of the issuance thereof (although any such Standby Letter of Credit may be extendible for successive periods of up to 12 months, but not beyond the tenth Business Day prior to the Maturity Date (unless on or before the date of issuance of such Letter of Credit the U.S. Borrower cash collateralizes (it being understood such cash collateral will be held in an interest bearing account under the sole dominion and control of the Administrative Agent in which the Administrative AgentDate, for the benefit of the Secured Parties, has a first priority security interest) the reimbursement obligation with respect thereto with cash equal to 105% of the Stated Amount of such Letter of Credit or delivers a back-to-back letter of credit in form satisfactory to the Issuing Bank on terms acceptable to the Issuing Bank)Bank thereof) and (y) the tenth Business Day prior to the Maturity Date and (unless B) in the case of Trade Letters of Credit, on or before the Maturity Date earlier of (x) the U.S. Borrower cash collateralizes date which occurs 180 days after the reimbursement obligation with respect thereto with cash equal to 105% date of the Stated Amount of such Letter of Credit on terms acceptable issuance thereof and (y) 30 days prior to the Issuing Bank or delivers a back-to-back letter of credit in form satisfactory to the Issuing Bank)Maturity Date, (iv) each Letter of Credit shall be denominated in Dollars and (v) the Stated Amount of each Letter of Credit shall be no less than $500,0001,000,000, or such lesser amount as is acceptable to the respective Issuing Bank. (b) Notwithstanding the foregoing, in the event if a Lender Default exists, the an Issuing Bank shall not be required to issue any Letters of Credit requested to be issued by it unless the such Issuing Bank has entered into arrangements satisfactory to it and the U.S. Borrower Corporation to eliminate the such Issuing Bank’s 's risk with respect to the participation in Letters of Credit of the Defaulting Lender or Lenders, which may include including by cash collateralizing such Defaulting Lender’s 's or Lenders’ ' RL Percentage of the Letter of Credit Outstandings.

Maximum Letter of Credit Outstandings; Final Maturities; etc. (a) Notwithstanding anything to the contrary contained in this Agreement, (i) no Letter of Credit shall be issued the Stated Amount of which, when added to the Letter of Credit Outstandings at such time, would exceed $10,000,000350,000,000250,000,000, (ii) no Alternate Currency Letter of Credit shall be issued if, after giving effect thereto, the Aggregate Alternate Currency Credit Exposure would exceed $500,000,000 at such time, (iii) no Letter of Credit shall be issued if, after giving effect thereto, (x) the Individual Revolving Credit Exposure of any Lender would exceed its Revolving Loan Commitment as then in effect or (y) the Aggregate Revolving Credit Exposure would exceed the Total Revolving Loan Commitment as then in effect, (iiiiv) no Issuing Bank shall (without its consent) have an obligation to issue a Letter of Credit if (x) the Stated Amount thereof, when added to the Letter of Credit Outstandings at such time in respect of Letters of Credit issued by such Issuing Bank, would exceed such Issuing Bank’s Letter of Credit Sublimit or (y) in the case of an Issuing Bank which is (or whose affiliate is) a Swingline Lender, after giving effect thereto, the Individual Swingline Lender Revolving Credit Exposure of such Issuing Bank would exceed the Revolving Credit Commitment of such Lender (or of its affiliate), (v) no Alternate Currency Letter of Credit denominated in a given Alternate Currency and issued under a given Alternate Currency Revolving Loan Sub-Tranche shall be issued if, after giving effect thereto, the Individual Alternate Currency Revolving Loan Sub-Commitment Credit Exposure of any Alternate Currency RL Lender with an Alternate Currency Revolving Loan Sub-Commitment relating to such Alternate Currency Revolving Loan Sub-Tranche would exceed such Alternate Currency Revolving Loan Sub-Commitment of such Alternate Currency RL Lender at such time, (vvi) each Letter of Credit shall by its terms terminate (A) in the case of Standby Letters of Credit, on or before the earlier of (x) the date which occurs 12 months after the date of the issuance thereof (although any such Standby Letter of Credit may be extendible for successive periods of up to 12 months, but not beyond the tenth fifth Business Day prior to the Maturity Date, on terms acceptable to the Issuing Bank thereof) and (y) the fifth Business Day prior to the Maturity Date and (unless B) in the case of Trade Letters of Credit, on or before the earlier of (x) the date which occurs 180 days after the date of issuance of such thereof and (y) 30 days prior to the Maturity Date; provided that an Issuing Bank may issue a Letter of Credit with a termination date after the U.S. Borrower cash collateralizes (it being understood such Maturity Date if at the time of issuance the Account Party provides cash collateral will be held to the Issuing Bank in an interest bearing account under the sole dominion amount and control of the Administrative Agent in which the Administrative Agent, for the benefit of the Secured Parties, has a first priority security interest) the reimbursement obligation with respect thereto with cash equal to 105% of the Stated Amount of such Letter of Credit or delivers a back-to-back letter of credit in form on terms satisfactory to the Issuing Bank (and each RL Lender’s participation in such Letter of Credit shall terminate on terms acceptable to the Issuing Bank)) and (y) the tenth Business Day prior to the Maturity Date (unless on or before the Maturity Date the U.S. Borrower cash collateralizes the reimbursement obligation with of such RL Lender except in respect thereto with cash equal to 105% of the Stated Amount of drawings made under such Letter of Credit on terms acceptable or prior to the Issuing Bank or delivers a back-to-back letter of credit in form satisfactory to the Issuing Banksuch Maturity Date), (iv) each Letter of Credit shall be denominated in Dollars and (vvii) the Stated Amount of each Standby Letter of Credit shall be no less than $500,0001,000,000 (or, in the case of a Non-Dollar Alternate Currency Letter of Credit, the Dollar Equivalent thereof), or such lesser amount as is acceptable to the respective Issuing Bank and the Stated Amount of each Trade Letter of Credit shall be no less than $100,000 (or, in the case of a Non-Dollar Alternate Currency Letter of Credit, the Dollar Equivalent thereof), or such lesser amount as is acceptable to the respective Issuing Bank. (b) Notwithstanding the foregoing, in the event if any Lender has become a Lender Default existsDefaulting Lender, the an Issuing Bank shall not be required to issue issue, renew, extend or amend any Letter of Credit requested to be issued, renewed, extended or amended by it unless it is satisfied that the applicable Defaulting Lender’s participation in the outstanding Letters of Credit unless will be 100% covered by the Non-Defaulting Lenders as a result of a re-allocation pursuant to Section 1.21 (and participating interests in newly issued Letters of Credit shall be allocated in a manner consistent with Section 1.21) or such Issuing Bank has entered into arrangements satisfactory to it and the U.S. Borrower Corporation to eliminate the such Issuing Bank’s risk with respect to the each Defaulting Lender’s participation in Letters of Credit of issued by such Issuing Bank (which arrangements are hereby consented to by the Defaulting Lender or Lenders), which may include including by cash collateralizing such each Defaulting Lender’s or Lenders’ RL Percentage of the Letter of Credit OutstandingsOutstandings with respect to such Letters of Credit (such arrangements, the “Letter of Credit Back-Stop Arrangements”).