Multicurrency Letters of Credit. Subject to and upon the terms and conditions herein set forth, U.S. Borrower or European Borrower may request, on behalf of itself or any Subsidiary Borrower, that any Facing Agent (other than the Canadian Facing Agent) issue, at any time and from time to time on and after the Initial Borrowing Date, and prior to the 30th Business Day preceding the Revolver Termination Date for the Multicurrency Revolving Facility, (x) for the account of such Borrower and for the benefit of any holder (or any trustee, agent or other similar representative for any such holder) of LC Supportable Indebtedness of such Borrower or any of its Subsidiaries, an irrevocable standby letter of credit in Dollars or an Alternative Currency (other than Canadian Dollars), in a form customarily used by such Facing Agent, or in such other form as has been approved by such Facing Agent (each such standby letter of credit, a “Multicurrency Standby Letter of Credit”), in support of LC Supportable Indebtedness and (y) for the account of U.S. Borrower and in support of trade obligations of U.S. Borrower or any of its Subsidiaries, an irrevocable sight letter of credit in a form customarily used by such Facing Agent or in such other form as has been approved by such Facing Agent (each such commercial letter of credit, a “Commercial Letter of Credit”, and together with the Multicurrency Standby Letters of Credit, the “Multicurrency Letters of Credit”) in support of commercial transactions of Crown Holdings and its Subsidiaries; provided, however, no Multicurrency Letter of Credit shall be issued the Dollar Equivalent of the Stated Amount of which, (i) when added to the Effective Amount of all Multicurrency LC Obligations (exclusive of Unpaid Drawings relating to Multicurrency Letters of Credit which are repaid on or prior to the date of, and prior to the issuance of, the respective Multicurrency Letter of Credit at such time), would exceed either (x) $200,000,000 or (y) when added to the Dollar Equivalent of the aggregate principal amount of all Multicurrency Revolving Loans, Swing Line Loans and Multicurrency LC Obligations then outstanding with respect to all Borrowers, the Total Multicurrency Revolving Commitment at such time or (ii) when added to the Dollar Equivalent of the aggregate principal amount of all Multicurrency Revolving Loans, Original Euro Revolving Loans, Multicurrency LC Obligations and Swing Line Loans of such Borrower, such Borrower’s Euro Revolving Sublimit
Appears in 3 contracts
Samples: Credit Agreement (Crown Holdings Inc), Credit Agreement (Crown Holdings Inc), Credit Agreement (Crown Holdings Inc)
Multicurrency Letters of Credit. Subject to and upon the terms and conditions herein set forth, U.S. Borrower or European Borrower Borrowers’ Agent may request, on behalf of itself or any Subsidiary BorrowerMulticurrency Revolving Borrower (other than O-I Canada; provided, however, that Borrowers’ Agent may request that a Letter of Credit be issued for the account of Xxxxx-Xxxxxxxx which will support an obligation of O-I Canada), that any Facing Agent Issuing Lender issue (other than and the Canadian Facing Agent) Issuing Lenders hereby agree to issue), at any time and from time to time on and after the Initial Borrowing Closing Date, and prior to the 30th Business Day preceding the Revolver Termination Date for the Multicurrency Revolving Facility, Facility (x) for the account of such Borrower and for the benefit of any holder (or any trustee, agent or other similar representative for any such holder) of LC Supportable Indebtedness of such Borrower or any of its Subsidiaries, an irrevocable standby letter of credit in Dollars or an Alternative Currency (other than Canadian Dollars)Currency, in a form customarily used by such Facing AgentIssuing Lender, or in such other form as has been approved by such Facing Agent Issuing Lender (each such standby letter of credit, a “Multicurrency Standby Letter of Credit”), in support of LC Supportable Indebtedness and (y) for the account of U.S. such Borrower and in support of trade obligations of U.S. such Borrower or any of its Subsidiaries, an irrevocable sight letter of credit in a form customarily used by such Facing Agent Issuing Lender or in such other form as has been approved by such Facing Agent Issuing Lender (each such commercial letter of credit, a “Multicurrency Commercial Letter of Credit”, ,” and together with the Multicurrency Standby Letters of Credit, the “Multicurrency Letters of Credit”) in support of commercial transactions of Crown Holdings Company and its Subsidiaries; provided, however, no Multicurrency Letter of Credit shall be issued the Dollar Equivalent of the Stated Amount of which, (i) when added to the Effective Amount of all Multicurrency LC Obligations (exclusive of Unpaid Drawings relating to Multicurrency Letters of Credit which are repaid on or prior to the date of, and prior to the issuance of, the respective Multicurrency Letter of Credit at such time), would exceed either (x) when aggregated with all Dollar Letters of Credit issued pursuant to Section 2.11(a)(ii) below, $200,000,000 or 350,000,000 (or, in the case of Multicurrency Standby Letters of Credit, when aggregated with all Dollar Standby Letters of Credit issued pursuant to Section 2.11(a)(ii) below for Restricted Standby Letter of Credit Purposes, $200,000,000), (y) when added to the Dollar Equivalent of the aggregate principal amount of all Multicurrency Revolving Loans, Swing Line Loans Overdraft Amounts and Multicurrency LC Obligations then outstanding with respect to all Borrowers, the Total Multicurrency Revolving Commitment at such time time, or (z) without the consent of the applicable Issuing Lender (other than with respect to the Existing Letters of Credit on the Closing Date), with respect to Letters of Credit issued by such Issuing Lender, the Letter of Credit Issuer Sublimit of such Issuing Lender or (ii) when added to the Dollar Equivalent of the aggregate principal amount of all Multicurrency Revolving Loans, Original Euro Revolving Loans, Multicurrency LC Obligations and Swing Line Loans Overdraft Amounts of such Borrower, such Borrower’s Euro Multicurrency Revolving Sublimit.
Appears in 2 contracts
Samples: Assignment and Assumption Agreement (Owens-Illinois Group Inc), Intercreditor Agreement (Owens-Illinois Group Inc)
Multicurrency Letters of Credit. Subject to and upon the terms and conditions herein set forth, U.S. Borrower or European Borrower may request, on behalf of itself or any Subsidiary Borrower, that any Facing Agent (other than the Canadian Facing Agent) issue, at any time and from time to time on and after the Initial Borrowing Effective Date, and prior to the 30th 5th Business Day preceding the Revolver Termination Date for the Multicurrency Revolving Facility, (x) for the account of such Borrower and for the benefit of any holder (or any trustee, agent or other similar representative for any such holder) of LC Supportable Indebtedness obligations of such Borrower or Borrower, any of its SubsidiariesSubsidiaries or any Unrestricted Entities (in the case of Unrestricted Entities, an irrevocable standby subject to the limitation on Investments in Unrestricted Entities set forth in Section 8.4(m)), a letter of credit in Dollars or an Alternative Currency (other than Canadian Dollars), in a form customarily used by such Facing Agent, or in such other form as has been approved by such Facing Agent (each such standby letter of credit, a “Multicurrency Standby Letter of Credit”), in support of LC Supportable Indebtedness and (y) for the account of U.S. Borrower and in support of trade obligations of U.S. Borrower or any of its Subsidiaries, an irrevocable sight letter of credit in a form customarily used by such Facing Agent or in such other form as has been approved by such Facing Agent (each such commercial letter of credit, a “Commercial Letter of Credit”, and together with the Multicurrency Standby Letters of Credit, the “Multicurrency Letters of Credit”) in support of commercial transactions of Crown Holdings and its Subsidiaries); provided, however, no Multicurrency Letter of Credit shall be issued the Dollar Equivalent of the Stated Amount of which, (i) when added to the Effective Amount of all Multicurrency LC Obligations (exclusive of Unpaid Drawings relating to Multicurrency Letters of Credit which are repaid on or prior to the date of, and prior to the issuance of, the respective Multicurrency Letter of Credit at such time), would exceed either (x) $200,000,000 or (y) when added to the Dollar Equivalent of the aggregate principal amount of all Multicurrency Revolving Loans, Swing Line Loans and Multicurrency LC Obligations then outstanding with respect to all Borrowers, the Total Multicurrency Revolving Commitment at such time provided, further, that the aggregate face amount of all Multicurrency Letters of Credit issued and outstanding by any Facing Agent shall not exceed such Facing Agent’s Applicable LC Sublimit or (ii) when added to the Dollar Equivalent of the aggregate principal amount of all Multicurrency Revolving Loans, Original Euro Revolving Loans, Multicurrency LC Obligations and Swing Line Loans of such Borrower, such Borrower’s Euro Multicurrency Revolving Sublimit. Notwithstanding anything to the contrary in this Section 2.10, at the request of the applicable requesting Borrower, any Multicurrency Letter of Credit may contain a statement to the effect that such Multicurrency Letter of Credit is issued for the account of Crown Holdings, any of its Subsidiaries or any Unrestricted Entity; provided that notwithstanding such statement, such requesting Borrower shall be the actual account party for all purposes of the Loan Documents for such Multicurrency Letter of Credit and such statement shall not affect such requesting Borrower’s reimbursement obligations hereunder with respect to such Multicurrency Letter of Credit.
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Multicurrency Letters of Credit. Subject to and upon the terms and conditions herein set forth, U.S. Borrower or European Borrower Borrowers’ Agent may request, on behalf of itself or any Subsidiary BorrowerBorrower (other than O-I Canada; provided, however, that Borrowers’ Agent may request that a Letter of Credit be issued for the account of Xxxxx-Xxxxxxxx which will support an obligation of O-I Canada), that any Facing Agent Issuing Lender issue (other than and the Canadian Facing Agent) Issuing Lenders hereby agree to issue), at any time and from time to time on and after the Initial Borrowing Closing Date, and prior to the 30th Business Day preceding the Revolver Termination Date for the Multicurrency Revolving Facility, Facility (x) for the account of such Borrower and for the benefit of any holder (or any trustee, agent or other similar representative for any such holder) of LC Supportable Indebtedness of such Borrower or any of its Subsidiaries, an irrevocable standby letter of credit in Dollars or an Alternative Currency (other than Canadian Dollars)Currency, in a form customarily used by such Facing AgentIssuing Lender, or in such other form as has been approved by such Facing Agent Issuing Lender (each such standby letter of credit, a “Multicurrency Standby Letter of Credit”), in support of LC Supportable Indebtedness and (y) for the account of U.S. such Borrower and in support of trade obligations of U.S. such Borrower or any of its Subsidiaries, an irrevocable sight letter of credit in a form customarily used by such Facing Agent Issuing Lender or in such other form as has been approved by such Facing Agent Issuing Lender (each such commercial letter of credit, a “Multicurrency Commercial Letter of Credit”, ,” and together with the Multicurrency Standby Letters of Credit, the “Multicurrency Letters of Credit”) in support of commercial transactions of Crown Holdings the Company and its Subsidiaries; provided, however, no Multicurrency Letter of Credit shall be issued the Dollar Equivalent of the Stated Amount of which, (i) when added to the Effective Amount of all Multicurrency LC Obligations (exclusive of Unpaid Drawings relating to Multicurrency Letters of Credit which are repaid on or prior to the date of, and prior to the issuance of, the respective Multicurrency Letter of Credit at such time), would exceed either (x) when aggregated with all Dollar Letters of Credit issued pursuant to Section 2.10(a)(ii) below, $200,000,000 or 350,000,000 (or, in the case of Multicurrency Standby Letters of Credit, when aggregated with all Dollar Standby Letters of Credit issued pursuant to Section 2.10(a)(ii) below for Restricted Standby Letter of Credit Purposes, $200,000,000), (y) when added to the Dollar Equivalent of the aggregate principal amount of all Multicurrency Revolving Loans, Swing Line Loans Overdraft Amounts and Multicurrency LC Obligations then outstanding with respect to all Borrowers, the Total Multicurrency Revolving Commitment at such time time, or (z) without the consent of the applicable Issuing Lender (other than with respect to the Existing Letters of Credit on the Closing Date; provided, that the consent of DB will be required for any modification, extension, renewal or other change to the term or tenor of any of the Existing Letters of Credit after the Closing Date), with respect to Letters of Credit issued by such Issuing Lender, the Letter of Credit Issuer Sublimit of such Issuing Lender or (ii) when added to the Dollar Equivalent of the aggregate principal amount of all Multicurrency Revolving Loans, Original Euro Revolving Loans, Multicurrency LC Obligations and Swing Line Loans Overdraft Amounts of such Borrower, such Borrower’s Euro Multicurrency Revolving Sublimit.
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Multicurrency Letters of Credit. Subject to and upon the terms and conditions herein set forth, U.S. Borrower or European each Multicurrency Revolving Borrower may request, on behalf of itself or any Subsidiary Borroweror Unrestricted Entity, that any Facing Agent (other than the Canadian Facing Agent) issue, at any time and from time to time on and after the Initial Borrowing Date, and prior to the 30th Business Day preceding the Revolver Termination Date for during the Multicurrency Revolving FacilityCommitment Period, (x) for the account of such Multicurrency Revolving Borrower and for the benefit of any holder (or any trustee, agent or other similar representative for any such holder) of LC Supportable Indebtedness obligations of such Borrower one or more of the Multicurrency Revolving Borrowers, any of its Subsidiariestheir Subsidiaries and any Unrestricted Entities (in the case of Unrestricted Entities, an irrevocable standby letter subject to the limitation on Investments in Unrestricted Entities set forth in Section 8.7(k)), a Multicurrency Letter of credit in Dollars or an Alternative Currency (other than Canadian Dollars)Credit, in a form customarily used by such Facing Agent, or in such other form as has been approved by such Facing Agent (each such standby letter of credit, a “Multicurrency Standby Letter of Credit”), in support of LC Supportable Indebtedness and (y) for the account of U.S. Borrower and in support of trade obligations of U.S. Borrower or any of its Subsidiaries, an irrevocable sight letter of credit in a form customarily used by such Facing Agent or in such other form as has been approved by such Facing Agent (each such commercial letter of credit, a “Commercial Letter of Credit”, and together with the Multicurrency Standby Letters of Credit, the “Multicurrency Letters of Credit”) in support of commercial transactions of Crown Holdings and its Subsidiariesobligations; provided, however, that no Multicurrency Letter of Credit shall be issued the Dollar Equivalent of the Stated Amount of which, (i) when added to the Effective Amount of all Multicurrency LC Obligations (exclusive of Unpaid Drawings relating to Multicurrency Letters of Credit which are repaid on or prior to the date of, and prior to the issuance of, the respective Multicurrency Letter of Credit Credit) at such time), would exceed either the lesser of (x1) $200,000,000 25,000,000 or (y2) when added to the Dollar Equivalent of the aggregate principal amount Effective Amount of all Multicurrency Revolving Loans, Loans and Multicurrency Swing Line Loans and Multicurrency LC Obligations then outstanding with respect to all Multicurrency Revolving Borrowers, the Total Multicurrency Revolving Commitment Commitments at such time or time; provided, further, that (iix) when added to the Dollar Equivalent of the aggregate principal face amount of all outstanding Multicurrency Letters of Credit issued by any Facing Agent shall not exceed such Facing Agent’s Applicable LC Sublimit in respect of Multicurrency Letters of Credit and (y) the aggregate face amount of all Multicurrency Letters of Credit issued and outstanding for the account of any Multicurrency Revolving LoansBorrower shall not exceed, Original Euro when added without duplication to the aggregate Effective Amount of all Multicurrency Revolving Loans, Multicurrency LC Obligations and Multicurrency Swing Line Loans of such Multicurrency Revolving Borrower, such Multicurrency Revolving Borrower’s Euro Revolving Available Multicurrency Revolver Sublimit.
Appears in 1 contract
Samples: Credit Agreement (BALL Corp)
Multicurrency Letters of Credit. Subject to and upon the terms and conditions herein set forth, U.S. Borrower or European Borrower Borrowers’ Agent may request, on behalf of itself or any Subsidiary BorrowerMulticurrency Revolving Borrower (other than O-I Canada; provided, however, that Borrowers’ Agent may request that a Letter of Credit be issued for the account of Oxxxx-Xxxxxxxx which will support an obligation of O-I Canada), that any Facing Agent Issuing Lender issue (other than and the Canadian Facing Agent) Issuing Lenders hereby agree to issue), at any time and from time to time on and after the Initial Borrowing Closing Date, and prior to the 30th Business Day preceding the Revolver Termination Date for the Multicurrency Revolving Facility, Facility (x) for the account of such Borrower and for the benefit of any holder (or any trustee, agent or other similar representative for any such holder) of LC Supportable Indebtedness of such Borrower or any of its Subsidiaries, an irrevocable standby letter of credit in Dollars or an Alternative Currency (other than Canadian Dollars)Currency, in a form customarily used by such Facing AgentIssuing Lender, or in such other form as has been approved by such Facing Agent Issuing Lender (each such standby letter of credit, a “Multicurrency Standby Letter of Credit”), in support of LC Supportable Indebtedness and (y) for the account of U.S. such Borrower and in support of trade obligations of U.S. such Borrower or any of its Subsidiaries, an irrevocable sight letter of credit in a form customarily used by such Facing Agent Issuing Lender or in such other form as has been approved by such Facing Agent Issuing Lender (each such commercial letter of credit, a “Multicurrency Commercial Letter of Credit”, ,” and together with the Multicurrency Standby Letters of Credit, the “Multicurrency Letters of Credit”) in support of commercial transactions of Crown Holdings Company and its Subsidiaries; provided, however, no Multicurrency Letter of Credit shall be issued the Dollar Equivalent of the Stated Amount of which, (i) when added to the Effective Amount of all Multicurrency LC Obligations (exclusive of Unpaid Drawings relating to Multicurrency Letters of Credit which are repaid on or prior to the date of, and prior to the issuance of, the respective Multicurrency Letter of Credit at such time), would exceed either (x) when aggregated with all Dollar Letters of Credit issued pursuant to Section 2.11(a)(ii) below, $200,000,000 or 350,000,000 (or, in the case of Multicurrency Standby Letters of Credit, when aggregated with all Dollar Standby Letters of Credit issued pursuant to Section 2.11(a)(ii) below for Restricted Standby Letter of Credit Purposes, $200,000,000), (y) when added to the Dollar Equivalent of the aggregate principal amount of all Multicurrency Revolving Loans, Swing Line Loans Overdraft Amounts and Multicurrency LC Obligations then outstanding with respect to all Borrowers, the Total Multicurrency Revolving Commitment at such time time, or (z) without the consent of the applicable Issuing Lender (other than with respect to the Existing Letters of Credit on the Closing Date), with respect to Letters of Credit issued by such Issuing Lender, the Letter of Credit Issuer Sublimit of such Issuing Lender or (ii) when added to the Dollar Equivalent of the aggregate principal amount of all Multicurrency Revolving Loans, Original Euro Revolving Loans, Multicurrency LC Obligations and Swing Line Loans Overdraft Amounts of such Borrower, such Borrower’s Euro Multicurrency Revolving Sublimit.
Appears in 1 contract
Samples: Credit Agreement and Syndicated Facility Agreement (Owens-Illinois Group Inc)
Multicurrency Letters of Credit. Subject to and upon the terms and conditions herein set forth, U.S. Borrower or European Borrower Borrowers’ Agent may request, on behalf of itself or any Subsidiary BorrowerBorrower (other than O-I Canada; provided, however, that Borrowers’ Agent may request that a Letter of Credit be issued for the account of Xxxxx-Xxxxxxxx which will support an obligation of O-I Canada), that any Facing Agent Issuing Lender issue (other than and the Canadian Facing Agent) Issuing Lenders hereby agree to issue), at any time and from time to time on and after the Initial Borrowing Closing Date, and prior to the 30th Business Day preceding the Revolver Termination Date for the Multicurrency Revolving Facility, Facility (x) for the account of such Borrower and for the benefit of any holder (or any trustee, agent or other similar representative for any such holder) of LC Supportable Indebtedness of such Borrower or any of its Subsidiaries, an irrevocable standby letter of credit in Dollars or an Alternative Currency (other than Canadian Dollars)Currency, in a form customarily used by such Facing AgentIssuing Lender, or in such other form as has been approved by such Facing Agent Issuing Lender (each such standby letter of credit, a “Multicurrency Standby Letter of Credit”), in support of LC Supportable Indebtedness and (y) for the account of U.S. such Borrower and in support of trade obligations of U.S. such Borrower or any of its Subsidiaries, an irrevocable sight letter of credit in a form customarily used by such Facing Agent Issuing Lender or in such other form as has been approved by such Facing Agent Issuing Lender (each such commercial letter of credit, a “Multicurrency Commercial Letter of Credit”, ,” and together with the Multicurrency Standby Letters of Credit, the “Multicurrency Letters of Credit”) in support of commercial transactions of Crown Holdings the Company and its Subsidiaries; provided, however, no Multicurrency Letter of Credit shall be issued the Dollar Equivalent of the Stated Amount of which, (i) when added to the Effective Amount of all Multicurrency LC Obligations (exclusive of Unpaid Drawings relating to Multicurrency Letters of Credit which are repaid on or prior to the date of, and prior to the issuance of, the respective Multicurrency Letter of Credit at such time), would exceed either (x) when aggregated with all Dollar Letters of Credit issued pursuant to Section 2.10(a)(ii) below, $200,000,000 or 350,000,000 (or, in the case of Multicurrency Standby Letters of Credit, when aggregated with all Dollar Standby Letters of Credit issued pursuant to Section 2.10(a)(ii) below for Restricted Standby Letter of Credit Purposes, $200,000,000), (y) when added to the Dollar Equivalent of the aggregate principal amount of all Multicurrency Revolving Loans, Swing Line Loans Overdraft Amounts and Multicurrency LC Obligations then outstanding with respect to all Borrowers, the Total Multicurrency Revolving Commitment at such time time, or (z) without the consent of the applicable Issuing Lender (other than with respect to the Existing Letters of Creditthe Existing Letters of Credit on the Closing Date; provided, that the consent of DB will be required for any modification, extension, renewal or other change to the term or tenor of any of the Existing Letters of Credit the Existing Letters of Credit after the Closing Date), with respect to Letters of Credit issued by such Issuing Lender, the Letter of Credit Issuer Sublimit of such Issuing Lender or (ii) when added to the Dollar Equivalent of the aggregate principal amount of all Multicurrency Revolving Loans, Original Euro Revolving Loans, Multicurrency LC Obligations and Swing Line Loans Overdraft Amounts of such Borrower, such Borrower’s Euro Multicurrency Revolving Sublimit.
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