Common use of Notice and Issuance Clause in Contracts

Notice and Issuance. (i) Borrower shall give notice to the L/C Issuer and Agent of a request for issuance of any L/C (a “L/C Issuance Request”) not less than five (5) Banking Days prior to the proposed issuance date (which prescribed time period may be waived at the option of the L/C Issuer in the exercise of its sole discretion). Each L/C Issuance Request shall be substantially in the form of Exhibit E and shall specify: (A) the requested date of such issuance (which shall be a Banking Day); (B) the maximum amount of such L/C; (C) the expiration date of such L/C; (D) the purpose of such L/C; (E) the name and address of the beneficiary of such L/C; and (F) if requested by the L/C Issuer, the form of such L/C and any related draw requests and similar documents (which shall be acceptable to the L/C Issuer in its reasonable discretion). The making of each L/C Issuance Request shall be deemed to be a representation and warranty by Borrower that the L/C requested therein may be issued in accordance with and will not violate the terms of Section 2.2(a). Each L/C Issuance Request shall be accompanied by the Application Documents, each duly completed and executed and delivered by Borrower.

Appears in 2 contracts

Samples: Credit Agreement (Midamerican Energy Holdings Co /New/), Credit Agreement (Midamerican Energy Holdings Co /New/)

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Notice and Issuance. (i) The Borrower shall give notice to the L/C Issuer Issuing Bank and to the Administrative Agent of a request for issuance of any L/C (a “L/C Issuance Request”) not less than five three (53) Banking Business Days prior to the proposed issuance date (which prescribed time period may be waived at the option of the L/C Issuer Issuing Bank and the Administrative Agent in the exercise of its their sole discretion). Each such notice (an "L/C Issuance Request shall be substantially in the form of Exhibit E and ISSUANCE REQUEST") shall specify: (A) the requested date of such issuance (which shall be a Banking Business Day); (B) the maximum amount of such L/C; (C) the expiration date of such L/C; (D) the purpose of such L/C; (E) the name and address of the beneficiary of such L/C; and (F) the required documents under any such L/C and, if requested by the L/C IssuerIssuing Bank, the form of such L/C and any related draw requests and similar documents (which shall be acceptable to both of the L/C Issuer Issuing Bank and the Administrative Agent in its reasonable their respective sole discretion). The making of each L/C Issuance Request shall be deemed to be a representation and warranty by the Borrower that the such L/C requested therein may be issued in accordance with and will not violate the terms of Section 2.2(a)subsection 2.23(a) hereof. Each L/C Issuance Request shall be accompanied by the Application Documents, Issuing Bank's customary Standby or Documentary L/C application and other standard documents as may be required by the Issuing Bank (the "APPLICATION DOCUMENTS") each duly completed and executed and delivered by the Borrower.

Appears in 1 contract

Samples: Credit Agreement (Lodgenet Entertainment Corp)

Notice and Issuance. (i) Borrower shall give notice to the L/C Issuer and Agent of a request for issuance of any L/C (a "L/C Issuance Request") not less than five (5) Banking Days prior to the proposed issuance date (which prescribed time period may be waived at the option of the L/C Issuer in the exercise of its sole discretion). Each L/C Issuance Request shall be substantially in the form of Exhibit E and shall specify: (A) the requested date of such issuance (which shall be a Banking Day); (B) the maximum amount of such L/C; (C) the expiration date of such L/C; (D) the purpose of such L/C; (E) the name and address of the beneficiary of such L/C; and (F) if requested by the L/C Issuer, the form of such L/C and any related draw requests and similar documents (which shall be acceptable to the L/C Issuer in its reasonable discretion). The making of each L/C Issuance Request shall be deemed to be a representation and warranty by Borrower that the L/C requested therein may be issued in accordance with and will not violate the terms of Section 2.2(a). Each L/C Issuance Request shall be accompanied by the Application Documents, each duly completed and executed and delivered by Borrower.

Appears in 1 contract

Samples: Credit Agreement (Midamerican Energy Holdings Co /New/)

Notice and Issuance. (i) The Borrower shall give notice to the applicable L/C Issuer and Agent to the Administrative Agent, of a request for issuance of any L/C (a “L/C Issuance Request”) not less than five (5) Banking Business Days prior to the proposed issuance date (which prescribed time period may be waived at the option of the applicable L/C Issuer in the exercise of its sole discretion). Each such notice (a "L/C Issuance Request shall be substantially in the form of Exhibit E and Request") shall specify: (A) the requested date of such issuance (which shall be a Banking Business Day); (B) the maximum amount of such L/C; (C) the expiration date of such L/C; (D) the purpose of such L/C; (E) the name and address of the beneficiary of such L/C; and (F) if requested by the identity of the L/C IssuerIssuer for such L/C; and (G) the required documents under any such L/C and, if one has been supplied by the beneficiary of such L/C, the form of such L/C and any related draw requests and similar documents (which shall be acceptable to the both of such L/C Issuer and the Administrative Agent, in its reasonable their respective sole discretion). The making of each L/C Issuance Request shall be deemed to be a representation and warranty by the Borrower that the such L/C requested therein may be issued in accordance with and will not violate the terms of Section 2.2(a)2.03A(a)(i) hereof. Each L/C Issuance Request shall be accompanied by the Application Documents, each duly completed and executed and delivered by the Borrower.

Appears in 1 contract

Samples: Credit Agreement (Laboratory Corp of America Holdings)

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Notice and Issuance. (i) The Borrower shall give notice to the L/C Issuer Issuing Bank and to the Agent of a request for issuance of any L/C (a “L/C Issuance Request”) not less than five three (53) Banking Business Days prior to the proposed issuance date (which prescribed time period may be waived at the option of the L/C Issuer Issuing Bank and the Agent in the exercise of its their sole discretion). Each such notice (an "L/C Issuance Request shall be substantially in the form of Exhibit E and ISSUANCE REQUEST") shall specify: (A) the requested date of such issuance (which shall be a Banking Business Day); (B) the maximum amount of such L/C; (C) the expiration date of such L/C; (D) the purpose of such L/C; (E) the name and address of the beneficiary of such L/C; and (F) the required documents under any such L/C and, if requested by the L/C IssuerIssuing Bank, the form of such L/C and any related draw requests and similar documents (which shall be acceptable to both of the L/C Issuer Issuing Bank and the Agent in its reasonable their respective sole discretion). The making of each L/C Issuance Request shall be deemed to be a representation and warranty by the Borrower that the such L/C requested therein may be issued in accordance with and will not violate the terms of Section 2.2(a)subsection 2.16(a) hereof. Each L/C Issuance Request shall be accompanied by the Application Documents, Issuing Bank's customary Standby or Documentary L/C application and other standard documents as may be required by the Issuing Bank (the "APPLICATION DOCUMENTS") each duly completed and executed and delivered by the Borrower.

Appears in 1 contract

Samples: Credit Agreement (Lodgenet Entertainment Corp)

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