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

Maximum Letter of Credit Outstandings; Final Maturities; etc. 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, (ii) no Letter of Credit shall be issued the Stated Amount of which, when added to the Letter of Credit Outstandings (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 the Maximum Letter of Credit Amount, and (iii) each Letter of Credit shall by its terms terminate on or before the earlier of (A) the date which occurs 12 months after the date of the issuance thereof (although any such Letter of Credit shall be extendible for successive periods of up to 12 months, but, in each case, not beyond the one year anniversary of the Maturity Date, on terms acceptable to the respective Issuing Lender) and (B) the one year anniversary of the Maturity Date; provided, that the Backstop Letter of Credit may by its terms terminate on January 14, 2013 (but not later than such date) and shall not be extendible.

Appears in 1 contract

Samples: Credit Agreement (Magellan Health Services Inc)

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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 $400,000,000, (ii) no Letter of Credit shall be issued if, after giving effect thereto, (x) the Stated Amount Revolving Credit Exposure of which, when added to any Lender would exceed its Revolving Loan Commitment as then in effect or (y) the Letter of Aggregate Revolving Credit Outstandings (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 Exposure would exceed the Maximum Letter of Credit AmountTotal Revolving Loan Commitment as then in effect, and (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 (Ax) the date which occurs 12 months after the date of the issuance thereof (although any such Standby Letter of Credit shall may be extendible for successive periods of up to 12 months, but, in each case, but not beyond the one year anniversary of tenth Business Day prior to the Maturity Date, on terms acceptable to the respective Issuing LenderBank thereof) and (y) the tenth Business Day prior to the Maturity Date and (B) in the one year anniversary 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; provided, that the Backstop (iv) each Letter of Credit may by its terms terminate on January 14shall be denominated in Dollars and (v) the Stated Amount of each Letter of Credit shall be no less than $1,000,000, 2013 (but not later than or such date) and shall not be extendiblelesser amount as is acceptable to the respective Issuing Bank.

Appears in 1 contract

Samples: Credit Agreement (Starwood Hotels & Resorts)

Maximum Letter of Credit Outstandings; Final Maturities; etc. 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 (for this purpose, using the Dollar Equivalent of all amounts denominated in a currency other than U.S. Dollars) (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 timeexceed $35,000,000, (ii) no Letter of Credit shall be issued at any time when the Stated Amount of whichAggregate U.S./European Exposure exceeds (or would after giving effect to such issuance exceed) the Total U.S./European Commitment at such time, when added to the (iii) each Letter of Credit Outstandings shall be denominated in the respective Available Currency, (exclusive of Unpaid Drawings in respect of Letters of Credit which are repaid on the date of, and prior to iv) the issuance of, the respective Letter of Credit) at such time would exceed the Maximum any Letter of Credit Amountshall be subject to the conditions set forth in Sections 7.01, 7.02 and 7.03 and (iiiv) each Letter of Credit shall by its terms terminate (x) in the case of standby Letters of Credit, on or before the earlier of (A) the date which occurs 12 months after the date of the issuance thereof (although any such standby Letter of Credit shall be extendible (including pursuant to an automatic extension provision on terms satisfactory to the respective Issuing Lender) for successive periods of up to 12 months, but, in each case, not beyond the one year anniversary of the Maturity Date, on terms acceptable to the respective Issuing Lender) months and (B) 10 days prior to the one year anniversary of the Final Maturity Date; provided, that and (y) in the Backstop Letter case of Credit may by its terms terminate trade Letters of Credit, on January 14, 2013 or before the earlier of (but not later than such dateA) the date which occurs 180 days after the date of issuance thereof and shall not be extendible(B) 30 days prior to the Final Maturity Date.

Appears in 1 contract

Samples: Credit Agreement (Aleris International, Inc.)

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 $100,000,000, (ii) no Letter of Credit shall be issued if, after giving effect thereto, (x) the Stated Amount Revolving Credit Exposure of which, when added to any Lender would exceed its Revolving Loan Commitment as then in effect or (y) the Letter of Aggregate Revolving Credit Outstandings (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 Exposure would exceed the Maximum Letter of Credit AmountTotal Revolving Loan Commitment as then in effect, and (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 (Ax) the date which occurs 12 months after the date of the issuance thereof (although any such Standby Letter of Credit shall may be extendible for successive periods of up to 12 months, but, in each case, but not beyond the one year anniversary of tenth Business Day prior to the Revolving Loan Maturity Date, on terms acceptable to the respective Issuing LenderBank thereof) and (y) the tenth Business Day prior to the Revolving Loan Maturity Date and (B) in the one year anniversary 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 Revolving Loan Maturity Date; provided, that the Backstop (iv) each Letter of Credit may by its terms terminate on January 14shall be denominated in Dollars and (v) the Stated Amount of each Letter of Credit shall be no less than $1,000,000, 2013 (but not later than or such date) and shall not be extendiblelesser amount as is acceptable to the respective Issuing Bank.

Appears in 1 contract

Samples: Credit Agreement (Starwood Lodging Corp)

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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 $25,000,000.00, (ii) no Letter of Credit shall be issued the Stated Amount of whichif, when added to the Letter of Credit Outstandings (exclusive of Unpaid Drawings in respect of Letters of Credit which are repaid on the date of, and prior to the issuance ofafter giving effect thereto, the respective Letter Outstanding Credit Exposure of Credit) at such time any Lender would exceed the Maximum Letter of Credit Amountits Revolving Loan Commitment as then in effect, and (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 (Ax) the date which occurs 12 months after the date of the issuance thereof (although any such Standby Letter of Credit shall may be extendible for successive periods of up to 12 months, but, in each case, but not beyond the one year anniversary of tenth Business Day prior to the Maturity Date, on terms acceptable to the respective Issuing LenderBank thereof) and (y) the tenth Business Day prior to the Maturity Date and (B) in the one year anniversary 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; provided, that the Backstop (iv) each Letter of Credit may by its terms terminate on January 14shall be denominated in U.S. dollars and (v) the Stated Amount of each Letter of Credit shall be no less than $250,000.00, 2013 (but not later than or such date) and shall not be extendiblelesser amount as is acceptable to the respective Issuing Bank.

Appears in 1 contract

Samples: Credit Agreement (Gaylord Entertainment Co /De)

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