Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the applicable Borrower shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable Issuing Bank) to the applicable Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the applicable Issuing Bank, the applicable Borrower also shall submit a letter of credit application on such Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the applicable Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed $20,000,000 and (ii) the total Revolving Credit Exposures shall not exceed the total Revolving Credit Commitments.

Appears in 4 contracts

Samples: Credit Agreement (Shyft Group, Inc.), Credit Agreement (Shyft Group, Inc.), Credit Agreement (Spartan Motors Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable Issuing Bank) to the applicable Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the applicable Issuing Bank, the ~~applicable~~ Borrower also shall submit a letter of credit application on ~~such~~ the Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed $~~20,000,000~~ 15,000,000 and (ii) the total Revolving ~~Credit~~ Exposures shall not exceed the total Revolving ~~Credit~~ Commitments.

Appears in 3 contracts

Samples: Credit Agreement (Hawaiian Telcom Communications, Inc.), Credit Agreement (Hawaiian Telcom Communications, Inc.), Credit Agreement (LifeCare Holdings, Inc.)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower shall hand deliver or ~~telecopy~~ send by facsimile (or transmit by ~~electronic communication~~e-mail, with attachments thereto, if ~~arrangements for doing so have been approved by the applicable Issuing Bank~~any, in .pdf format) to the ~~applicable~~ Issuing Bank and the Administrative Agent (~~reasonably in advance of~~ not later than two Business Days before the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the ~~applicable~~ Issuing Bank, the ~~applicable~~ Borrower also shall submit a letter of credit application on ~~such~~ the Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (~~and~~ and, upon issuance, amendment, renewal or extension of each Letter of ~~Credit~~ Credit, the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed $~~20,000,000~~ 25,000,000 and (ii) the total Revolving Credit Exposures shall not exceed the total Revolving ~~Credit~~ Commitments.

Appears in 3 contracts

Samples: Credit and Guarantee Agreement (General Communication Inc), Credit and Guarantee Agreement (Gci Inc), Credit and Guarantee Agreement (General Communication Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower shall hand deliver or ~~telecopy~~ facsimile (or transmit by electronic communication, if arrangements for doing so have been approved by the ~~applicable~~ Issuing Bank) to the ~~applicable~~ Issuing Bank and the Administrative Agent (~~reasonably in advance of~~ not later than three Business Days before the requested date of issuance, amendment, renewal or extension) a ~~notice~~ Credit Request requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit, provided that no such notice shall be required in connection with the extension of an Evergreen Letter of Credit. If requested by the ~~applicable~~ Issuing Bank, the ~~applicable~~ Borrower also shall submit a letter of credit application on ~~such~~ the Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (~~and~~ and, upon issuance, amendment, renewal or extension of each Letter of ~~Credit~~ Credit, the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or ~~extension~~ extension, (i) the LC Exposure shall not exceed ~~$20,000,000~~ the Letter of Credit Commitment and (ii) the total ~~Revolving~~ Credit Exposures shall not exceed the total ~~Revolving Credit~~ Commitments.

Appears in 3 contracts

Samples: Credit Agreement (Cleco Power LLC), Credit Agreement (Cleco Corp), Credit Agreement (Cleco Power LLC)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable Issuing Bank) to the applicable Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the applicable Issuing Bank, the ~~applicable~~ Borrower also shall submit a letter of credit application on such Issuing Bank’s 's standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed $~~20,000,000~~ 125,000,000 and (ii) the total Revolving ~~Credit~~ Exposures shall not exceed the total Revolving ~~Credit~~ Commitments.

Appears in 3 contracts

Samples: Credit Agreement (Pathmark Stores Inc), Credit Agreement (Pathmark Stores Inc), Credit Agreement (Supermarkets General Holdings Corp)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable Issuing Bank) to the ~~applicable~~ relevant Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the applicable Issuing Bank, the ~~applicable~~ Borrower also shall submit a letter of credit application on such Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed $~~20,000,000~~ 100,000,000 and (ii) the sum of the total Revolving Credit Exposures plus the aggregate principal amount of outstanding Competitive Loans shall not exceed the total ~~Revolving Credit~~ Commitments.

Appears in 3 contracts

Samples: Credit Agreement (Ethan Allen Interiors Inc), Credit Agreement (Ethan Allen Interiors Inc), Credit Agreement (Ethan Allen Interiors Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower Representative shall hand deliver or ~~telecopy~~ facsimile (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable Issuing Bank) to the applicable Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by ~~the applicable~~ an Issuing Bank, the applicable Borrower also shall submit a letter of credit application on such Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable Borrower~~ Borrowers shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed $~~20,000,000 and~~ 150,000,000, (ii) the Standby LC Exposure shall not exceed $25,000,000, and (iii) the total ~~Revolving~~ Credit Exposures shall not exceed the ~~total~~ lesser of (x) the aggregate Revolving ~~Credit Commitments~~Commitments or (y) the Borrowing Base.

Appears in 3 contracts

Samples: Credit Agreement (Ascena Retail Group, Inc.), Credit Agreement (Dress Barn Inc), Credit Agreement (Dress Barn Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable Borrower~~ Parent shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the ~~applicable~~ Issuing Bank) to the ~~applicable~~ Issuing Bank and the Domestic Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the currency of such amount (which shall be in dollars or an Alternative Currency), the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the ~~applicable~~ Issuing Bank, the ~~applicable Borrower~~ Parent also shall submit a letter of credit application on ~~such~~ the Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable Borrower~~ Parent shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed $~~20,000,000~~ 15,000,000 and (ii) the sum of the total Revolving Credit Exposures shall not exceed the total Revolving ~~Credit~~ Commitments.

Appears in 3 contracts

Samples: Credit Agreement (Mirion Technologies, Inc.), Credit Agreement (Mirion Technologies, Inc.), Credit Agreement (Mirion Technologies, Inc.)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the ~~applicable~~ Issuing Bank) to the ~~applicable~~ Issuing Bank and the Administrative Agent (~~reasonably~~ at least five Business Days in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the ~~applicable~~ Issuing Bank, the ~~applicable~~ Borrower also shall submit a letter of credit application on ~~such~~ the Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension ~~(i) the LC Exposure shall not exceed $20,000,000 and (ii)~~ the total Revolving ~~Credit~~ Exposures shall not exceed the total Revolving ~~Credit~~ Commitments.

Appears in 3 contracts

Samples: Credit Agreement (DXP Enterprises Inc), Credit Agreement (DXP Enterprises Inc), Credit Agreement (DXP Enterprises Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the ~~applicable~~ Issuing Bank) to the ~~applicable~~ Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with ~~paragraph~~ clause (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the ~~applicable~~ Issuing Bank, the ~~applicable~~ Borrower also shall submit a letter of credit application on ~~such~~ the Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the amount of the LC Exposure shall not exceed $20,000,000 and (ii) the sum of the total Revolving Credit Exposures shall not exceed the ~~total Revolving Credit Commitments~~Aggregate Commitment.

Appears in 3 contracts

Samples: Credit Agreement (Deluxe Corp), Credit Agreement (Deluxe Corp), Credit Agreement (Deluxe Corp)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the applicable Borrower shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the ~~applicable Issuing Bank~~LC Issuer) to the ~~applicable Issuing Bank~~ LC Issuer and the Administrative Agent (~~reasonably~~ at least two Business Days in advance of the requested date of issuance, amendment, renewal or extension) a ~~notice~~ Letter of Credit Application, appropriately completed and signed by a Responsible Officer of such Borrower, requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the account party or parties with respect to such Letter of Credit, the name and address of the beneficiary ~~thereof~~ thereof, the documents to be presented by such beneficiary in case of any drawing thereunder, the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder and such other information as ~~shall be necessary~~ the LC Issuer may reasonably require to prepare, amend, renew or extend such Letter of Credit. ~~If requested by the applicable Issuing Bank~~Additionally, ~~the applicable~~ such Borrower also shall ~~submit a letter of credit application on~~ furnish to the LC Issuer and the Administrative Agent such ~~Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (~~other documents and ~~upon~~ information pertaining to such requested issuance, amendment, renewal or extension of ~~each~~ Letter of Credit ~~the applicable Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i)~~ as the LC ~~Exposure shall not exceed $20,000,000 and (ii)~~ Issuer or the ~~total Revolving Credit Exposures shall not exceed the total Revolving Credit Commitments~~Administrative Agent may reasonably require.

Appears in 3 contracts

Samples: Five Year Competitive Advance and Revolving Credit Facility Agreement (Hartford Life Inc), Five Year Competitive Advance and Revolving Credit Facility Agreement (Hartford Financial Services Group Inc/De), Five Year Competitive Advance and Revolving Credit Facility Agreement (Hartford Financial Services Group Inc/De)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower shall hand deliver or ~~telecopy~~ send by facsimile (or transmit by ~~electronic communication~~e‑mail, with attachments thereto, if ~~arrangements for doing so have been approved by the applicable Issuing Bank~~any, in .pdf format) to the ~~applicable~~ Issuing Bank and the Administrative Agent (~~reasonably in advance of~~ not later than two Business Days before the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the ~~applicable~~ Issuing Bank, the ~~applicable~~ Borrower also shall submit a letter of credit application on ~~such~~ the Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (~~and~~ and, upon issuance, amendment, renewal or extension of each Letter of ~~Credit~~ Credit, the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed $~~20,000,000~~ 50,000,000 and (ii) the total Revolving Credit Exposures shall not exceed the total Revolving ~~Credit~~ Commitments.

Appears in 3 contracts

Samples: Credit Agreement (Gci Liberty, Inc.), Credit and Guarantee Agreement (Gci Inc), Credit and Guarantee Agreement (General Communication Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the ~~amendment, renewal~~ amendment or extension (other than an automatic extension in accordance with paragraph (c) of this Section)) of an outstanding Letter of Credit), the ~~applicable~~ Borrower shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable Issuing Bank) to the applicable Issuing Bank and the Administrative Agent (~~reasonably~~ two Business Days in advance of the requested date of issuance, ~~amendment, renewal~~ amendment or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be ~~amended, renewed~~ amended or extended, and specifying the date of issuance, ~~amendment, renewal~~ amendment or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to ~~prepare~~issue, ~~amend, renew~~ amend or extend such Letter of Credit. If requested by the applicable Issuing Bank, the ~~applicable~~ Borrower also shall submit a letter of credit application on such Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, ~~amended, renewed~~ amended or extended only if (and upon issuance, ~~amendment, renewal~~ amendment or extension of each Letter of Credit the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, ~~amendment, renewal~~ amendment or extension (i) the LC Revolving L/C Exposure shall not exceed ~~$20,000,000~~ the Letter of Credit Sublimit and (ii) the ~~total~~ Revolving Facility Credit ~~Exposures~~ Exposure shall not exceed the total Revolving ~~Credit~~ Facility Commitments.

Appears in 3 contracts

Samples: Credit Agreement (Hughes Network Systems, LLC), Credit Agreement (Hughes Communications, Inc.), Credit Agreement (Hughes Communications, Inc.)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower Representative shall hand deliver or ~~telecopy~~ fax (or transmit ~~by electronic communication~~through Electronic System, if arrangements for doing so have been approved by the ~~applicable Issuing Bank~~Lender) to the ~~applicable Issuing Bank and the Administrative Agent~~ Lender (reasonably in advance of the requested date of issuance, amendment, renewal or extension, but in any event no less than three (3) Business Days) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary ~~thereof~~ thereof, and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the ~~applicable Issuing Bank~~Lender, the applicable Borrower also shall submit a letter of credit application on ~~such Issuing Bank~~the Lender’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable Borrower~~ Borrowers shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed ~~$20,000,000~~ the LC Sublimit, and (ii) the ~~total~~ Revolving ~~Credit Exposures~~ Exposure shall not exceed the ~~total~~ lesser of the Revolving ~~Credit Commitments~~Commitment and the Borrowing Base.

Appears in 3 contracts

Samples: Credit Agreement (CRAWFORD UNITED Corp), Credit Agreement (Hickok Inc), Credit Agreement (Hickok Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower shall mail, hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the ~~applicable Issuing Bank~~LC Issuer) to the ~~applicable Issuing Bank~~ LC Issuer and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (ciii) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the ~~applicable Issuing Bank~~LC Issuer, the ~~applicable~~ Borrower also shall submit a letter of credit application on ~~such Issuing Bank~~the LC Issuer’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of ~~Credit~~ Credit, the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (ix) the LC Exposure shall not exceed $~~20,000,000~~ 100,000,000 and (iiy) the ~~total~~ Aggregate Outstanding Revolving Credit ~~Exposures~~ Exposure shall not exceed the ~~total~~ Aggregate Revolving Credit ~~Commitments~~Commitment.

Appears in 3 contracts

Samples: Credit Agreement (Moneygram International Inc), Credit Agreement (Moneygram International Inc), Credit Agreement (Moneygram International Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower shall mail, hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the ~~applicable Issuing Bank~~LC Issuer) to the ~~applicable Issuing Bank~~ LC Issuer and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of ~~Credit~~Credit in Dollars, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the ~~applicable Issuing Bank~~LC Issuer, the ~~applicable~~ Borrower also shall submit a letter of credit application on ~~such Issuing Bank~~the LC Issuer’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of ~~Credit~~ Credit, the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (ix) the LC Exposure shall not exceed $~~20,000,000~~ 50,000,000 and (iiy) the ~~total~~ Aggregate Outstanding Revolving Credit ~~Exposures~~ Exposure shall not exceed the ~~total~~ Aggregate Revolving Credit ~~Commitments~~Commitment.

Appears in 2 contracts

Samples: Credit Agreement (Moneygram International Inc), Credit Agreement (Moneygram International Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the ~~applicable~~ relevant Issuing Bank) to the ~~applicable~~ relevant Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the ~~applicable~~ relevant Issuing Bank, the ~~applicable~~ Borrower also shall submit a letter of credit application on such Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed $~~20,000,000~~ 500,000,000 and (ii) the sum of the total Revolving Credit Exposures plus the aggregate principal amount of outstanding Competitive Loans shall not exceed the total ~~Revolving Credit~~ Commitments.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Limited Brands Inc), Revolving Credit Agreement (Limited Brands Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the ~~applicable~~ Issuing Bank) to the ~~applicable~~ Issuing Bank and the Administrative Agent (~~reasonably~~ at least five Business Days in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the ~~applicable~~ Issuing Bank, the ~~applicable~~ Borrower also shall submit a letter of credit application on ~~such~~ the Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed $20,000,000 and (ii) the total Revolving ~~Credit~~ Exposures shall not exceed the total ~~Revolving Credit~~ Commitments.

Appears in 2 contracts

Samples: Credit Agreement (Orion Marine Group Inc), Credit Agreement (Orion Marine Group Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower Representative shall deliver by hand ~~deliver~~ or ~~telecopy~~ facsimile (or transmit by electronic communication, if arrangements for doing so have been approved by the ~~applicable Issuing Bank~~Lender) to the ~~applicable Issuing Bank and the Administrative Agent~~ Lender (~~reasonably in advance of~~ prior to 9:00 am, Dallas, Texas time, at least two Business Days prior to the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the ~~applicable Issuing Bank~~Lender, the applicable Borrower also shall submit a letter of credit application on ~~such Issuing Bank~~the Lender’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable Borrower~~ Borrowers shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed ~~$20,000,000~~ an amount equal to 25% of the Commitment then in effect and (ii) the total ~~Revolving Credit Exposures~~ Exposure shall not exceed the ~~total Revolving Credit Commitments~~sum of (A) the lesser of (1) the Commitment or (2) the Borrowing Base, minus (B) without duplication, Reserves, minus (C) the Availability Block.

Appears in 2 contracts

Samples: Credit Agreement (Compressco Partners, L.P.), Credit Agreement (Compressco Partners, L.P.)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the ~~applicable~~ relevant Issuing Bank) to the ~~applicable~~ relevant Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the ~~applicable~~ relevant Issuing Bank, the ~~applicable~~ Borrower also shall submit a letter of credit application on such Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed $~~20,000,000 and~~ 500,000,000, (ii) the sum of the total Revolving Credit Exposures plus the aggregate principal amount of outstanding Competitive Loans shall not exceed the total Commitments and (iii) no Lender’s Revolving Credit ~~Commitments~~Exposure shall exceed its Commitment.

Appears in 2 contracts

Samples: Amendment and Restatement Agreement (Limited Brands Inc), Amendment and Restatement Agreement (Limited Brands Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the ~~applicable~~ Issuing ~~Bank~~Lender) to the ~~applicable~~ Issuing ~~Bank~~ Lender and the Administrative Agent (~~reasonably~~ three Business Days in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with ~~paragraph (c) of this Section~~Section 3.3), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the ~~applicable~~ Issuing ~~Bank~~Lender, the ~~applicable~~ Borrower also shall submit a letter of credit application on ~~such~~ the Issuing ~~Bank’s~~ Lender's standard form (it being understood that this Agreement shall govern in the event of any inconsistency between any such application and this Agreement) in connection with any request for the issuance of a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed $~~20,000,000~~ 250,000,000 and (ii) the ~~total Revolving Credit~~ sum of the Total Exposures shall not exceed the ~~total Revolving Credit~~ Total Commitments.

Appears in 2 contracts

Samples: Credit Agreement (Edison International), Credit Agreement (Edison International)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower shall hand deliver or ~~telecopy~~ send by facsimile (or transmit by ~~electronic communication~~e‑mail, with attachments thereto, if ~~arrangements for doing so have been approved by the applicable Issuing Bank~~any, in .pdf format) to the ~~applicable~~ Issuing Bank and the Administrative Agent (~~reasonably in advance of~~ not later than two Business Days before the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the ~~applicable~~ Issuing Bank, the ~~applicable~~ Borrower also shall submit a letter of credit application on ~~such~~ the Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (~~and~~ and, upon issuance, amendment, renewal or extension of each Letter of ~~Credit~~ Credit, the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed $~~20,000,000~~ 25,000,000 and (ii) the total Revolving Credit Exposures shall not exceed the total Revolving ~~Credit~~ Commitments.

Appears in 2 contracts

Samples: Credit Agreement (Gci Liberty, Inc.), Credit Agreement (Gci, LLC)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the ~~applicable Issuing Bank~~respective LC Issuer) to ~~the applicable Issuing Bank~~ an LC Issuer selected by it and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the ~~applicable Issuing Bank~~respective LC Issuer, the ~~applicable~~ Borrower also shall submit a letter of credit application on such ~~Issuing Bank~~LC Issuer’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the total Revolving Exposure shall not exceed the total Revolving Commitments and (ii) the total LC Exposure shall not exceed $~~20,000,000 and (ii) the total Revolving Credit Exposures shall not exceed the total Revolving Credit Commitments~~15,000,000.

Appears in 2 contracts

Samples: Credit Agreement (Alaska Communications Systems Group Inc), Credit Agreement (Alaska Communications Systems Group Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), a Financial Officer of the ~~applicable~~ Borrower shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the ~~applicable~~ Issuing ~~Bank~~Lender) to the ~~applicable~~ Issuing ~~Bank~~ Lender and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the ~~applicable~~ Issuing ~~Bank~~Lender, the ~~applicable~~ Borrower also shall submit a letter of credit application on ~~such~~ the Issuing ~~Bank~~Lender’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed $~~20,000,000~~ 50,000,000 and (ii) the total Revolving Credit Exposures shall not exceed the total Revolving ~~Credit~~ Loan Commitments.

Appears in 2 contracts

Samples: Credit Agreement (Quanex Building Products CORP), Credit Agreement (Quanex Corp)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the ~~applicable~~ Issuing Bank) to the ~~applicable~~ Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with ~~paragraph (c)~~ the terms of ~~this Section~~Section 2.05(c)), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the ~~applicable~~ Issuing Bank, the ~~applicable~~ Borrower also shall submit a letter of credit application on ~~such~~ the Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the amount of the LC Exposure shall not exceed ~~$20,000,000~~ the Letter of Credit Sublimit and (ii) the sum of the total Revolving Credit Exposures shall not exceed the ~~total~~ aggregate Revolving ~~Credit~~ Commitments.

Appears in 2 contracts

Samples: Credit Agreement (Golden Entertainment, Inc.), Credit Agreement (LHC Group, Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower shall (no less than three Business Days in advance of the requested date of issuance, amendment, renewal or extension) hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable Issuing ~~Bank~~Bank and the Administrative Agent) to the applicable Issuing Bank and the Administrative Agent ~~(reasonably in advance of the requested date of issuance, amendment, renewal or extension)~~ a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the applicable Issuing Bank, the ~~applicable~~ Borrower also shall submit a letter of credit application on ~~such~~ the applicable Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or ~~extension~~ extension, (i) the LC Exposure shall not exceed $20,000,000 and (ii) the total Revolving ~~Credit~~ Exposures shall not exceed the total Revolving ~~Credit~~ Commitments.

Appears in 2 contracts

Samples: Credit Agreement (Horizon Lines, Inc.), Credit Agreement (Horizon Lines, Inc.)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable Issuing Bank) to the applicable Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by ~~the applicable~~ an Issuing Bank, the ~~applicable~~ Borrower also shall submit a letter of credit application on such Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed $~~20,000,000~~ 50,000,000 and (ii) the sum of the total Revolving Credit Exposures shall not exceed the total Revolving ~~Credit~~ Commitments.

Appears in 2 contracts

Samples: Credit Agreement (Fortune Brands Home & Security, Inc.), Credit Agreement (Fortune Brands Home & Security LLC)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower shall mail, hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the ~~applicable Issuing Bank~~LC Issuer) to the ~~applicable Issuing Bank~~ LC Issuer and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the ~~applicable Issuing Bank~~LC Issuer, the ~~applicable~~ Borrower also shall submit a letter of credit application on ~~such Issuing Bank~~the LC Issuer’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of ~~Credit~~ Credit, the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (ix) the LC Exposure shall not exceed $~~20,000,000~~ 100,000,000 and (iiy) the ~~total~~ Aggregate Outstanding Revolving Credit ~~Exposures~~ Exposure shall not exceed the ~~total~~ Aggregate Revolving Credit ~~Commitments~~Commitment.

Appears in 2 contracts

Samples: Credit Agreement (Moneygram International Inc), Credit Agreement (Moneygram International Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the ~~applicable~~ Issuing Bank) to the ~~applicable~~ Issuing Bank ~~and the Administrative Agent~~ (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, ~~and specifying~~ the date of issuance, amendment, renewal or ~~extension (which shall be a Business Day)~~extension, the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. On every Business Day, all Issuing Banks shall report to the Administrative Agent (i) all such requests and (ii) the aggregate amount of the Letters of Credit issued for the current reporting period. If requested by the ~~applicable~~ Issuing Bank, the ~~applicable~~ Borrower also shall submit a letter of credit application on ~~such~~ the Issuing Bank’s 's standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension ~~(i) the LC Exposure shall not exceed $20,000,000 and (ii)~~ the total Revolving Credit Exposures shall not exceed the total ~~Revolving Credit~~ Commitments.

Appears in 2 contracts

Samples: Credit Agreement (Abercrombie & Fitch Co /De/), Credit Agreement (Abercrombie & Fitch Co /De/)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower shall hand deliver or ~~telecopy~~ facsimile (or transmit by electronic communication, if pursuant to arrangements for doing so ~~have been~~ approved by the ~~applicable~~ Issuing Bank) to the ~~applicable~~ Issuing Bank and the Administrative Agent (~~reasonably in advance of~~ not later than three Business Days before the requested date of issuance, amendment, renewal or extension) a ~~notice~~ Credit Request requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit, provided that no such notice shall be required in connection with the extension of an Evergreen Letter of Credit. If requested by the ~~applicable~~ Issuing Bank, the ~~applicable~~ Borrower also shall submit a letter of credit application on ~~such~~ the Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (~~and~~ and, upon issuance, amendment, renewal or extension of each Letter of ~~Credit~~ Credit, the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or ~~extension~~ extension, (i) the LC Exposure shall not exceed ~~$20,000,000~~ the Letter of Credit Commitment and (ii) the total ~~Revolving~~ Credit Exposures shall not exceed the total ~~Revolving Credit~~ Commitments.

Appears in 2 contracts

Samples: Credit Agreement (Cleco Corp), Credit Agreement (Cleco Corp)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower shall hand deliver or ~~telecopy~~ transmit by facsimile (or transmit by electronic communication, if arrangements for doing so have been approved by the ~~applicable~~ Issuing Bank) to the ~~applicable~~ Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with ~~paragraph (c) of this Section~~Section 2.5(c)), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or ~~extend~~ extend, as the case may be, such Letter of Credit. If requested by the ~~applicable~~ Issuing Bank, the ~~applicable~~ Borrower also shall submit a letter of credit application on ~~such~~ the Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed $~~20,000,000~~ 50,000,000 and (ii) the sum of the total Revolving Credit Exposures shall not exceed the total ~~Revolving Credit~~ Commitments.

Appears in 2 contracts

Samples: Credit Agreement (Simpson Manufacturing Co Inc /Ca/), Credit Agreement (Simpson Manufacturing Co Inc /Ca/)

Appears in 2 contracts

Samples: Credit Agreement (Spartan Motors Inc), Credit Agreement (Spartan Motors Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To In order to request the issuance of a Letter of Credit (or ~~the amendment~~to amend, ~~renewal~~ renew or ~~extension of~~ extend an ~~outstanding~~ existing Letter of Credit), the ~~applicable~~ Borrower shall hand deliver or ~~telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable Issuing Bank)~~ fax to the ~~applicable~~ Issuing Bank and the Administrative Agent (~~reasonably~~ no less than five Business Days (or such shorter period of time acceptable to the Issuing Bank) in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, ~~and specifying~~ the date of issuance, amendment, renewal or ~~extension (which shall be a Business Day)~~extension, the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) ~~of this Section~~below), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to ~~prepare, amend, renew or extend~~ prepare such Letter of Credit. If requested by the applicable Issuing Bank, the applicable Borrower also shall submit a letter of credit application on such Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only ~~if (~~if, and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC L/C Exposure shall not exceed $~~20,000,000~~ 10,000,000 and (ii) the ~~total~~ Aggregate Revolving Credit ~~Exposures~~ Exposure shall not exceed the ~~total~~ Total Revolving Credit ~~Commitments~~Commitment. The contingent reimbursement obligations of Antares Capital Corporation owing to the issuing bank of the Existing Letters of Credit in respect of the Existing Letters of Credit shall be entitled to all of the rights, benefits and privileges afforded to Letters of Credit under this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (True Temper Sports Inc), Credit Agreement (True Temper Sports PRC Holdings Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal (other than an automatic renewal in accordance with paragraph (c) of this Section) or extension of an outstanding Letter of Credit), the ~~applicable Borrower~~ Applicant Party shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable Issuing Bank) to the applicable Issuing Bank and the Administrative Agent (~~reasonably~~ two Business Days in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to ~~prepare~~issue, amend, renew or extend such Letter of Credit. If requested by the applicable Issuing Bank, the ~~applicable Borrower~~ Applicant Party also shall submit a letter of credit application on such Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such ~~issuance,~~ issuance amendment, renewal or extension (i) the LC New Revolving L/C Exposure shall not exceed $~~20,000,000~~ 500.0 million, and (ii) the ~~total~~ New Revolving Facility Credit ~~Exposures~~ Exposure shall not exceed the total New Revolving ~~Credit~~ Facility Commitments.

Appears in 2 contracts

Samples: Credit Agreement (Foundation Coal Holdings, Inc.), Credit Agreement (Foundation Coal Holdings, Inc.)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable Issuing Bank) to ~~the applicable~~ such Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the applicable Issuing Bank, the ~~applicable~~ Borrower also shall submit a letter of credit application on such Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed $~~20,000,000~~ 25,000,000 and (ii) the sum of the total Revolving Credit Exposures shall not exceed the total ~~Revolving Credit~~ Commitments.

Appears in 2 contracts

Samples: Credit Agreement (Citrix Systems Inc), Credit Agreement (Citrix Systems Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower Representative shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the ~~applicable~~ Issuing Bank) to the ~~applicable~~ Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the ~~applicable~~ Issuing Bank, the ~~applicable~~ Borrower Representative also shall submit a letter of credit application on ~~such~~ the Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable Borrower~~ Borrowers shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed $~~20,000,000~~ 50,000,000 and (ii) the ~~total Revolving~~ Aggregate Credit ~~Exposures~~ Exposure shall not exceed the ~~total Revolving Credit Commitments~~Aggregate Commitment.

Appears in 2 contracts

Samples: Credit Agreement (Antero Resources LLC), Credit Agreement (Antero Resources Finance Corp)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower Representative shall hand deliver or ~~telecopy~~ fax (or transmit ~~by electronic communication~~through Electronic System, if arrangements for doing so have been approved by the ~~applicable Issuing Bank~~Lender) to the ~~applicable Issuing Bank and the Administrative Agent~~ Lender (reasonably in advance of the requested date of issuance, amendment, renewal or extension, but in any event no less than three (3) Business Days) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary ~~thereof~~ thereof, and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the ~~applicable Issuing Bank~~Lender, the applicable Borrower also shall submit a letter of credit application on ~~such Issuing Bank~~the Lender’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable Borrower~~ Borrowers shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed ~~$20,000,000~~ the LC Sublimit, and (ii) the ~~total~~ Revolving ~~Credit Exposures~~ Exposure shall not exceed the ~~total~~ Revolving ~~Credit Commitments~~Commitment.

Appears in 2 contracts

Samples: Credit Agreement (CRAWFORD UNITED Corp), Credit Agreement (CRAWFORD UNITED Corp)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ US Borrower shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the ~~applicable~~ Issuing ~~Bank~~Lender) to the ~~applicable~~ Issuing ~~Bank~~ Lender and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a New York Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the ~~applicable~~ Issuing ~~Bank~~Lender, the ~~applicable~~ US Borrower also shall submit a letter of credit application on ~~such~~ the Issuing ~~Bank~~Lender’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable~~ US Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed $~~20,000,000~~ 5,000,000 and (ii) the total Revolving Credit Exposures shall not exceed the total Revolving ~~Credit~~ Loan Commitments.

Appears in 2 contracts

Samples: Credit Agreement (Dynamic Materials Corp), Credit Agreement (Dynamic Materials Corp)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To In order to request the issuance of a Letter of Credit (or ~~the amendment~~to amend, ~~renewal~~ renew or ~~extension of~~ extend an ~~outstanding~~ existing Letter of Credit), the ~~applicable~~ Borrower shall hand deliver or ~~telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable Issuing Bank)~~ fax to the ~~applicable~~ Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a notice substantially in the form of Exhibit N (or such form as required by such Issuing Bank) requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, ~~and specifying~~ the date of issuance, amendment, renewal or ~~extension (which shall be a Business Day)~~extension, the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) ~~of this Section~~below), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to ~~prepare, amend, renew or extend~~ prepare such Letter of Credit. If requested by the applicable Issuing Bank, the applicable Borrower also shall submit a letter of credit application on such Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only ~~if (~~if, and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC aggregate principal amount of outstanding Letters of Credit issued by any Issuing Bank shall not exceed such Issuing Bank’s L/C Commitment, (ii) the L/C Exposure shall not exceed ~~$20,000,000~~ the Aggregate L/C Commitment and (iiiii) the ~~total~~ Aggregate Revolving Credit ~~Exposures~~ Exposure shall not exceed the ~~total~~ Total Revolving Credit ~~Commitments~~Commitment.

Appears in 2 contracts

Samples: Amendment and Restatement Agreement (Advanced Disposal Services, Inc.), Credit Agreement (Advanced Disposal Services, Inc.)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), ~~the applicable Borrower~~ an LC Applicant shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the ~~applicable~~ relevant Issuing Bank) to the ~~applicable~~ relevant Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by ~~the applicable~~ such Issuing Bank, ~~the applicable Borrower~~ such LC Applicant also shall submit a letter of credit application on such Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit ~~the applicable Borrower~~ such LC Applicant shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed $~~20,000,000 and~~ 200,000,000, (ii) the portion of the LC Exposure attributable to Local Letters of Credit shall not exceed $50,000,000 and (iii) the sum of the total Revolving ~~Credit~~ Exposures and the Local Currency Loan Exposure shall not exceed the total Revolving ~~Credit~~ Commitments.

Appears in 2 contracts

Samples: Credit Agreement (Mosaic Co), Credit Agreement (Mosaic Co)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable Issuing Bank) to the applicable Issuing Bank and the Administrative Agent (~~reasonably~~ at least three Business Days in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a such Letter of ~~Credit,~~ Credit or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary ~~thereof~~ thereof, and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by ~~the applicable~~ an Issuing Bank, the ~~applicable~~ Borrower also shall submit a letter of credit application on such Issuing Bank’s 's standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or ~~extension~~ extension, (i) the aggregate LC Exposure ~~shall~~ will not exceed $20,000,000 and (ii) the ~~total~~ aggregate Revolving ~~Credit~~ Exposures shall not exceed the ~~total~~ aggregate Revolving ~~Credit~~ Commitments.

Appears in 1 contract

Samples: Credit Agreement (Symbol Technologies Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable Issuing Bank) to the applicable Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the ~~applicable~~ Issuing Bank, the ~~applicable~~ Borrower also shall submit a letter of credit application on ~~such~~ the Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC total L/C Exposure shall not exceed $~~20,000,000 and~~ 10,000,000, (ii) the ~~total~~ Aggregate Revolving ~~Credit Exposures~~ Exposure shall not exceed the total amount of the Commitments, and (iii) the Aggregate Revolving ~~Credit Commitments~~Exposure shall not exceed the Borrowing Base then in effect (or prior to the entry of the Final Order, if less than the Borrowing Base then in effect, the amount permitted by the Interim Order).

Appears in 1 contract

Samples: Credit Agreement (Tronox Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower shall mail, hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the ~~applicable Issuing Bank~~LC Issuer) to the ~~applicable Issuing Bank~~ LC Issuer and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of ~~Credit~~Credit in Dollars, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the ~~applicable Issuing Bank~~LC Issuer, the ~~applicable~~ Borrower also shall submit a letter of credit application on ~~such Issuing Bank~~the LC Issuer’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of ~~Credit~~ Credit, the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (ix) the LC Exposure shall not exceed $~~20,000,000~~ 45,000,000 and (iiy) the ~~total~~ Aggregate Outstanding Revolving Credit ~~Exposures~~ Exposure shall not exceed the ~~total~~ Aggregate Revolving Credit ~~Commitments~~Commitment.

Appears in 1 contract

Samples: Credit Agreement (Moneygram International Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower shall hand deliver or ~~telecopy~~ facsimile (or transmit by electronic communication, if arrangements for doing so have been approved by the ~~applicable~~ Issuing Bank) to the ~~applicable~~ Issuing Bank and the Administrative Agent (~~reasonably in advance of~~ not later than three Business Days before the requested date of issuance, amendment, renewal or extension) a ~~notice~~ Credit Request requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the ~~applicable~~ Issuing Bank, the ~~applicable~~ Borrower also shall submit a letter of credit application on ~~such~~ the Issuing Bank’s 's standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (~~and~~ and, upon issuance, amendment, renewal or extension of each Letter of ~~Credit~~ Credit, the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or ~~extension~~ extension, (i) the LC Exposure shall not exceed $~~20,000,000~~ 5,000,000 and (ii) the total Revolving Credit Exposures shall not exceed the total Revolving ~~Credit~~ Commitments.

Appears in 1 contract

Samples: Credit Agreement (Saga Communications Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the ~~applicable~~ Issuing Bank) to the ~~applicable~~ Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with ~~paragraph~~ para- graph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the ~~applicable~~ Issuing Bank, the ~~applicable~~ Borrower also shall submit a letter of credit application on ~~such~~ the Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed $~~20,000,000~~ 6,000,000 and (ii) the total Revolving ~~Credit~~ Exposures shall not exceed the total Revolving ~~Credit~~ Commitments.

Appears in 1 contract

Samples: Credit Agreement (American Media Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the ~~applicable~~ Issuing Bank) to the ~~applicable~~ Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business ~~Day~~Day during the Availability Period), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the ~~applicable~~ Issuing Bank, the ~~applicable~~ Borrower also shall submit a letter of credit application on ~~such~~ the Issuing Bank’s standard form in connection with any request for a Letter of ~~Credit~~Credit (each, an “LC Application”). A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed $~~20,000,000~~ 10,000,000 and (ii) the total Revolving Credit Exposures shall not exceed the total ~~Revolving Credit~~ Commitments.

Appears in 1 contract

Samples: Credit Agreement (WMS Industries Inc /De/)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the ~~applicable~~ Issuing Bank) to the applicable Issuing Bank and the Administrative Agent (~~reasonably~~ at least five Business Days in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by ~~the applicable~~ such Issuing Bank, the ~~applicable~~ Borrower also shall submit a letter of credit application on such Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed $~~20,000,000~~ 15,000,000 and (ii) the total Revolving ~~Credit~~ Exposures shall not exceed the total ~~Revolving Credit~~ Commitments.

Appears in 1 contract

Samples: Credit Agreement (Lubys Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal (other than an automatic renewal in accordance with paragraph (c) of this Section) or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable Issuing Bank) to the applicable Issuing Bank and the Administrative Agent (~~reasonably~~ three Business Days in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to ~~prepare~~issue, amend, renew or extend such Letter of Credit. If requested by the applicable Issuing Bank, the ~~applicable~~ Borrower also shall submit a letter of credit application on such Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or ~~extension~~ extension, (i) the LC L/C Exposure shall not exceed ~~$20,000,000~~ the aggregate L/C Commitments and (ii) the total Revolving ~~Credit Exposures~~ Facility Exposure shall not exceed the total Revolving ~~Credit~~ Facility Commitments.

Appears in 1 contract

Samples: Credit Agreement (Affinion Loyalty Group, Inc.)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower Representative shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the ~~applicable~~ Issuing Bank) to the ~~applicable~~ Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the ~~applicable~~ Issuing Bank, the ~~applicable~~ Borrower Representative also shall submit a letter of credit application on ~~such~~ the Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable Borrower~~ Borrowers shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed $~~20,000,000~~ 25,000,000 and (ii) the ~~total Revolving~~ Aggregate Credit ~~Exposures~~ Exposure shall not exceed the ~~total Revolving Credit Commitments~~Aggregate Commitment.

Appears in 1 contract

Samples: Credit Agreement (Exco Resources Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower Representative shall deliver by hand ~~deliver~~ or ~~telecopy~~ facsimile (or transmit by electronic communication, if arrangements for doing so have been approved by the ~~applicable~~ Issuing Bank) to the ~~applicable~~ Issuing Bank and the Administrative Agent (~~reasonably in advance of~~ prior to 10:00 a.m. Local Time, three Business Days prior to the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of ~~Credit,~~ Credit together with the Letter of Credit to be issued (where applicable) which shall be in agreed form or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the ~~applicable~~ Issuing Bank, the applicable Borrower also shall submit a letter of credit application on ~~such~~ the Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable Borrower~~ Borrowers shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed $~~20,000,000~~ 100,000,000, and (ii) the ~~total~~ Borrowers shall be in compliance with the Revolving ~~Credit Exposures shall not exceed the total Revolving Credit Commitments~~Exposure Limitations.

Appears in 1 contract

Samples: Credit Agreement (Micron Technology Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), ~~the applicable~~ Borrower shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by ~~the applicable Issuing Bank~~Lender) to ~~the applicable Issuing Bank and the Administrative Agent~~ Lender (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by ~~the applicable Issuing Bank~~Lender, ~~the applicable~~ Borrower also shall submit a letter of credit application on ~~such Issuing Bank~~Lender’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the applicable Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension ~~(i) the LC~~ Lender’s Revolving Credit Exposure shall not exceed ~~$20,000,000 and (ii)~~ the ~~total~~ Revolving ~~Credit Exposures shall not exceed the total Revolving Credit Commitments~~Commitment.

Appears in 1 contract

Samples: Credit Agreement (Mesa Laboratories Inc /Co)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable Issuing Bank) to the applicable Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the applicable Issuing Bank, the ~~applicable~~ Borrower also shall submit a letter of credit application on such Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed $~~20,000,000~~ 50,000,000 and (ii) the total Revolving Credit Exposures shall not exceed the total ~~Revolving Credit~~ Commitments.

Appears in 1 contract

Samples: Credit Agreement (Eagle Materials Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower shall hand deliver or ~~telecopy~~ send by facsimile (or transmit by ~~electronic communication~~e-mail, with attachments thereto, if ~~arrangements for doing so have been approved by the applicable Issuing Bank~~any, in .pdf format) to the ~~applicable~~ Issuing Bank and the Administrative Agent (~~reasonably in advance of~~ not later than two Business Days before the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the ~~applicable~~ Issuing Bank, the ~~applicable~~ Borrower also shall submit a letter of credit application on ~~such~~ the Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (~~and~~ and, upon issuance, amendment, renewal or extension of each Letter of ~~Credit~~ Credit, the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed $~~20,000,000~~ 50,000,000 and (ii) the total Revolving Credit Exposures shall not exceed the total Revolving ~~Credit~~ Commitments.

Appears in 1 contract

Samples: Credit Agreement (General Communication Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable Borrower~~ Parent shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the ~~applicable~~ Issuing Bank) to the ~~applicable~~ Issuing Bank and the Administrative Agent (~~reasonably~~ at least five Business Days in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the ~~applicable~~ Issuing Bank, the ~~applicable~~ relevant Borrower also shall submit a letter of credit application on ~~such~~ the Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable Borrower~~ Borrowers shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed ~~$20,000,000~~ an amount equal to twenty-five percent (25%) of the then current aggregate amount of the Revolving Commitments and (ii) the total Revolving ~~Credit~~ Exposures shall not exceed the total Revolving ~~Credit~~ Commitments.

Appears in 1 contract

Samples: Credit Agreement (Tetra Technologies Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To In order to request the issuance of a Letter of Credit (or ~~the amendment~~to amend, ~~renewal~~ renew or ~~extension of~~ extend an ~~outstanding~~ existing Letter of Credit), the applicable Borrower shall hand deliver or telecopy ~~(or transmit by electronic communication, if arrangements for doing so have been approved by the applicable Issuing Bank)~~ to the applicable Issuing Bank and the Administrative Agent (~~reasonably~~ three Business Days in advance of the requested date of issuance, amendment, renewal or extension, or such shorter period as the applicable Borrower, the Administrative Agent and the applicable Issuing Bank shall agree) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, ~~and specifying~~ the date of issuance, amendment, renewal or ~~extension (which shall be a Business Day)~~extension, the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) ~~of this Section~~below), the amount and currency (which must be dollars or an Alternative Currency) of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to ~~prepare, amend, renew or extend~~ prepare such Letter of Credit. If requested by the applicable Issuing Bank, the applicable Borrower also shall submit a letter of credit application on such Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only ~~if (~~if, and upon issuance, amendment, renewal or extension of each Letter of Credit the applicable Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (iA) the LC L/C Exposure shall not exceed $~~20,000,000 and~~ 60,000,000, (iiB) the ~~total~~ Aggregate Revolving Credit ~~Exposures~~ Exposure shall not exceed the ~~total~~ Total Revolving Credit ~~Commitments~~Commitment and (C) the Alternative Currency Revolving Credit Exposure with respect to any Alternative Currency shall not exceed the sublimit for such Alternative Currency set forth in Schedule 2.01(b).

Appears in 1 contract

Samples: Amendment Agreement (Terex Corp)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable Issuing Bank) to the applicable Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the applicable Issuing Bank, the ~~applicable~~ Borrower also shall submit a letter of credit application on such Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed $~~20,000,000~~ 25,000,000 and (ii) the total Revolving Credit Exposures shall not exceed the total ~~Revolving Credit~~ Commitments.

Appears in 1 contract

Samples: Credit Agreement (Eagle Materials Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower shall hand deliver or ~~telecopy~~ facsimile (or transmit by electronic communication, if arrangements for doing so have been approved by the ~~applicable~~ Issuing Bank) to the ~~applicable~~ Issuing Bank and the Administrative Agent ~~(reasonably in advance of~~ prior to 12:30 p.m. at least three Business Days prior to the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the ~~applicable~~ Issuing Bank, the ~~applicable~~ Borrower also shall submit a letter of credit application on ~~such~~ the Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed $~~20,000,000~~ 125,000,000 and (ii) the total Revolving ~~Credit Exposures~~ Exposure shall not exceed the lesser of the total Revolving ~~Credit Commitments~~Commitments and the Borrowing Base.

Appears in 1 contract

Samples: Revolving Loan Credit Agreement (CDW Corp)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower shall hand deliver or ~~telecopy~~ facsimile (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable Issuing Bank) to the applicable Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with ~~paragraph (c) of this Section~~Section 2.05(c)), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by ~~the applicable~~ an Issuing Bank, the ~~applicable~~ Borrower also shall submit a letter of credit application on such Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed $~~20,000,000~~ 30,000,000 and (ii) the total Revolving Credit Exposures shall not exceed the total ~~Revolving Credit~~ Commitments.

Appears in 1 contract

Samples: Credit Agreement (Lorillard, Inc.)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower shall hand deliver or telecopy (or transmit by electronic ~~communication~~communica tion, if arrangements for doing so have been approved by the ~~applicable~~ Issuing Bank) to the ~~applicable~~ Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or ~~identifying~~ identi fying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the ~~applicable~~ Issuing Bank, the ~~applicable~~ Borrower also shall submit a letter of credit application on ~~such~~ the Issuing Bank’s 's standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed $20,000,000 and (ii) the total Revolving ~~Credit~~ Exposures shall not exceed the total ~~Revolving Credit~~ Available Commitments.

Appears in 1 contract

Samples: Credit Agreement (McLeodusa Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable Borrower~~ Company shall hand deliver or ~~telecopy~~ facsimile (or transmit by electronic communication, if arrangements for doing so have been approved by the ~~applicable~~ Issuing Bank) to the ~~applicable~~ Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the relevant account party, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the ~~applicable~~ Issuing Bank, the ~~applicable Borrower~~ Company also shall submit a letter of credit application on ~~such~~ the Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable Borrower~~ Company shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the amount of the LC Exposure shall not exceed $~~20,000,000~~ 50,000,000 and (ii) subject to Section 2.04, the total Revolving Credit Exposures shall not exceed the ~~total~~ Aggregate Revolving ~~Credit Commitments~~Commitment.

Appears in 1 contract

Samples: Credit Agreement (Central Garden & Pet Co)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower shall hand deliver or ~~telecopy~~ facsimile (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable Issuing Bank) to the applicable Issuing Bank and the Administrative Agent (reasonably in advance of of, but in any event no less than three (3) Business Days prior to the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section)) and whether such Letter of Credit shall contain automatic extension or renewal provisions, the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the applicable Issuing Bank, the ~~applicable~~ Borrower also shall submit a letter of credit application on such Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed $~~20,000,000~~ 10,000,000 and (ii) the ~~total Revolving~~ Aggregate Credit ~~Exposures~~ Exposure shall not exceed the ~~total Revolving Credit Commitments~~aggregate Commitments of all Lenders.

Appears in 1 contract

Samples: Credit Agreement (ExlService Holdings, Inc.)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To In order to request the issuance (other than a deemed issuance pursuant to Section 2.23(a)) of a Letter of Credit (or ~~the amendment~~to amend, ~~renewal~~ renew or ~~extension of~~ extend an ~~outstanding~~ existing Letter of Credit), the ~~applicable~~ Borrower shall hand deliver or ~~telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable Issuing Bank)~~ fax to the ~~applicable~~ Issuing Bank and the ~~Administrative~~ Agent (~~reasonably~~ no less than three Business Days (or such shorter period of time acceptable to the Issuing Bank) in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, ~~and specifying~~ the date of issuance, amendment, renewal or ~~extension (which shall be a Business Day)~~extension, the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) ~~of this Section~~below), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to ~~prepare, amend, renew or extend~~ prepare such Letter of Credit. If requested by the applicable Issuing Bank, the applicable Borrower also shall submit a letter of credit application on such Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only ~~if (~~if, and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC L/C Exposure shall not exceed $~~20,000,000~~ 60,000,000 (or such larger amount, not in excess of the Total Revolving Credit Commitments then in existence, to which the Issuing Bank agrees in writing) and (ii) the ~~total~~ Aggregate Revolving Credit ~~Exposures~~ Exposure shall not exceed the ~~total~~ Total Revolving Credit ~~Commitments~~Commitment.

Appears in 1 contract

Samples: Credit Agreement (Harland Clarke Holdings Corp)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), ~~the applicable~~ a Borrower shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the ~~applicable~~ Issuing Bank) to the ~~applicable~~ Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this ~~Section~~Section 3.01), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the ~~applicable~~ Issuing Bank, ~~the applicable~~ a Borrower also shall submit a letter of credit application on ~~such~~ the Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the applicable Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed $~~20,000,000~~ 100,000,000 and (ii) the total Revolving Credit ~~Exposures~~ Exposure shall not exceed the total ~~Revolving Credit~~ Commitments.

Appears in 1 contract

Samples: Credit Agreement (Weatherford International LTD)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the applicable Borrower shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the ~~applicable~~ Issuing Bank) to the ~~applicable~~ Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the ~~applicable~~ Issuing Bank, the applicable Borrower also shall submit a letter of credit application on ~~such~~ the Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the applicable Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the amount of the LC Exposure shall not exceed $~~20,000,000~~ 75,000,000 and (ii) the sum of the total Revolving Credit Exposures shall not exceed the ~~total~~ aggregate Revolving ~~Credit~~ Commitments.

Appears in 1 contract

Samples: Credit Agreement (Wellcare Health Plans, Inc.)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of ~~Credit~~Credit (other than an automatic renewal permitted pursuant to paragraph (k) of this Section)), the ~~applicable~~ Borrower shall hand deliver ~~or telecopy~~ (or transmit by electronic ~~communication, if arrangements for doing so have been approved by the applicable Issuing Bank~~mail) to the ~~applicable~~ Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the requested date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the ~~applicable~~ Issuing Bank, the ~~applicable~~ Borrower also shall submit a letter of credit application on ~~such~~ the Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of ~~each~~ any Letter of Credit the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed $~~20,000,000~~ 75,000,000 and (ii) the sum of the total Revolving Credit Exposures shall not exceed the total ~~Revolving Credit~~ Commitments.

Appears in 1 contract

Samples: Credit Agreement (Symetra Financial CORP)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal (other than an automatic renewal in accordance with paragraph (c) of this Section) or extension of an outstanding Letter of Credit), the ~~applicable Borrower~~ Applicant Party shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable Issuing Bank) to the applicable Issuing Bank and the Administrative Agent (~~reasonably~~ two Business Days in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to ~~prepare~~issue, amend, renew or extend such Letter of Credit. If requested by the applicable Issuing Bank, the ~~applicable Borrower~~ Applicant Party also shall submit a letter of credit application on such Issuing Bank’s 's standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Revolving L/C Exposure shall not exceed $~~20,000,000~~ 250.0 million, and (ii) the ~~total~~ Revolving Facility Credit ~~Exposures~~ Exposure shall not exceed the total Revolving ~~Credit~~ Facility Commitments.

Appears in 1 contract

Samples: Credit Agreement (Foundation Coal Holdings, Inc.)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), ~~the applicable~~ Borrower shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by ~~the applicable~~ Issuing Bank) to ~~the applicable~~ Issuing Bank and ~~the~~ Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension, but in any event no less than three Business Days) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by ~~the applicable~~ Issuing Bank, ~~the applicable~~ Borrower also shall submit a letter of credit application on ~~such~~ Issuing Bank’s 's standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit ~~the applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed $~~20,000,000~~ 5,000,000 and (ii) the sum of the total Revolving Credit Exposures shall not exceed the ~~total Revolving Credit~~ Aggregate Commitments.

Appears in 1 contract

Samples: Revolving Credit Agreement (FelCor Lodging LP)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the ~~amendment,~~ amendment of any Letter of Credit or the renewal or extension of an outstanding Letter of Credit other than an Existing Letter of Credit), the Company or the applicable ~~Borrower~~ Borrowing Subsidiary shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the ~~applicable~~ Issuing Bank) to the ~~applicable~~ Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the ~~applicable~~ Issuing Bank, ~~the applicable~~ such Borrower also shall submit a letter of credit application on ~~such~~ the Issuing Bank’s standard form in connection with any request for a Letter of Credit (other than an Existing Letter of Credit). A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable Borrower~~ Borrowers shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed $~~20,000,000~~ 25,000,000 and (ii) the total Revolving ~~Credit~~ Exposures shall not exceed the total ~~Revolving Credit~~ Commitments.

Appears in 1 contract

Samples: Credit Agreement (Bowne & Co Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower Representative shall hand deliver or ~~telecopy~~ fax (or transmit by electronic communication, if arrangements for doing so have been approved by the ~~applicable Issuing Bank~~Lender) to the ~~applicable Issuing Bank and the Administrative Agent~~ Lender (reasonably in advance of the requested date of issuance, amendment, renewal or extension, but in any event no less than three (3) Business Days) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary ~~thereof~~ thereof, and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the ~~applicable Issuing Bank~~Lender, the applicable Borrower also shall submit a letter of credit application on ~~such Issuing Bank~~the Lender’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable Borrower~~ Borrowers shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed $~~20,000,000~~ 1,500,000 and (iiiv) the ~~total~~ Revolving ~~Credit Exposures~~ Exposure shall not exceed the ~~total~~ lesser of the Revolving ~~Credit Commitments~~Commitment and the Borrowing Base.

Appears in 1 contract

Samples: Credit Agreement (InfuSystem Holdings, Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable Issuing Bank) to the applicable Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the applicable Issuing Bank, the ~~applicable~~ Borrower also shall submit a letter of credit application on such Issuing Bank’s 's standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed $~~20,000,000~~ 25,000,000 and (ii) the total Revolving Credit Exposures shall not exceed the total ~~Revolving Credit~~ Commitments.

Appears in 1 contract

Samples: Credit Agreement (Eagle Materials Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the applicable Borrower shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the ~~applicable~~ Issuing Bank) to the ~~applicable~~ Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the ~~applicable~~ Issuing Bank, the applicable Borrower also shall submit a letter of credit application on ~~such~~ the Issuing Bank’s 's standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the applicable Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed $~~20,000,000~~ 5,000,000 and (ii) the total Revolving Credit Exposures shall not exceed the total ~~Revolving Credit~~ Commitments.

Appears in 1 contract

Samples: Credit Agreement (Spartan Motors Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the ~~applicable~~ Issuing Bank) to the ~~applicable~~ Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a ~~notice~~ Borrowing Notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the ~~applicable~~ Issuing Bank, the ~~applicable~~ Borrower also shall submit a letter of credit application on ~~such~~ the Issuing Bank’s 's standard form in connection with any request for a Letter of Credit. A The Borrower hereby agrees that it shall not request a Letter of Credit ~~shall~~ to be issued, amended, renewed or extended ~~only if~~ unless (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the amount of the LC Exposure ~~shall~~ does not exceed $~~20,000,000~~ 10,000,000 and (ii) the ~~total Revolving Credit Exposures shall~~ sum of the aggregate principal amount of all outstanding Loans plus the amount of the LC Exposure does not exceed the ~~total Revolving Credit Commitments~~amount of the Borrowing Base on such date.

Appears in 1 contract

Samples: Credit Agreement (Ace Cash Express Inc/Tx)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable Issuing Bank) to the applicable Issuing Bank and the Administrative Agent (~~reasonably~~ at least three Business Days in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a such Letter of ~~Credit,~~ Credit or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary ~~thereof~~ thereof, and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by ~~the applicable~~ an Issuing Bank, the ~~applicable~~ Borrower also shall submit a letter of credit application on such Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or ~~extension~~ extension, (i) the aggregate LC Exposure ~~shall~~ will not exceed ~~$20,000,000~~ US$25,000,000 and (ii) the ~~total~~ aggregate Revolving ~~Credit~~ Exposures shall not exceed the ~~total Revolving Credit~~ aggregate Commitments.

Appears in 1 contract

Samples: Credit Agreement (Symbol Technologies Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), ~~the applicable~~ Borrower shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by ~~the applicable~~ Issuing Bank) to ~~the applicable~~ Issuing Bank and ~~the~~ Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension, but in any event no less than three Business Days) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with ~~paragraph~~ clause (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by ~~the applicable~~ Issuing Bank, ~~the applicable~~ Borrower also shall submit a letter of credit application on ~~such~~ Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit ~~the applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension ~~(i)~~ the LC Exposure shall not exceed $~~20,000,000 and (ii) the total Revolving Credit Exposures shall not exceed the total Revolving Credit Commitments~~5,000,000.

Appears in 1 contract

Samples: Credit Agreement (Electro Rent Corp)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To In order to request the issuance of a Letter of Credit (or ~~the amendment~~to amend, ~~renewal~~ renew or ~~extension of~~ extend an ~~outstanding~~ existing Letter of Credit), the applicable Borrower shall ~~hand~~ deliver ~~or telecopy~~ (~~or transmit~~ including by ~~electronic communication, if arrangements for doing so have been approved by the applicable Issuing Bank~~telecopy) to the ~~applicable~~ Issuing Bank and the Administrative Agent (~~reasonably in advance of~~ at least five Business Days prior to the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, ~~and specifying~~ the date of issuance, amendment, renewal or ~~extension (which shall be a Business Day)~~extension, the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) ~~of this Section~~below), the amount of such Letter of Credit, the currency in which such Letter of Credit is to be denominated (which shall be Dollars or, subject to Section 2.15, an Alternative Currency), the name and address of the beneficiary thereof and such other information as shall be reasonably necessary to ~~prepare, amend, renew or extend~~ prepare such Letter of Credit. If requested by the applicable Issuing Bank, the applicable Borrower also shall submit a letter of credit application on such Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only ~~if (~~if, and upon issuance, amendment, renewal or extension of each Letter of Credit the applicable Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (iA) the LC L/C Exposure shall not exceed $~~20,000,000 and~~ 10,000,000, (iiB) the ~~total~~ Aggregate Alternative Currency Revolving Credit ~~Exposures~~ Exposure shall not exceed $20,000,000, (C) the Aggregate Revolving Credit Exposure shall not exceed the ~~total~~ Total Revolving Credit ~~Commitments~~Commitment and (D) the DCJ Revolving Credit Exposure shall not exceed the DCJ Maximum Percentage of the Total Revolving Credit Commitment.

Appears in 1 contract

Samples: Credit Agreement (Dirsamex Sa De Cv)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the ~~applicable~~ Issuing Bank) to the ~~applicable~~ Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of 46 41 issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the ~~applicable~~ Issuing Bank, the ~~applicable~~ Borrower also shall submit a letter of credit application on ~~such~~ the Issuing Bank’s 's standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed $~~20,000,000~~ 25,000,000 and (ii) the total Revolving ~~Credit~~ Exposures shall not exceed the total Revolving ~~Credit Commitments~~Commitments and (iii) prior to the General Syndication Date, the Revolving Exposure and the outstanding Tranche A Term Loans shall not exceed $75,000,000.

Appears in 1 contract

Samples: Credit Agreement (Corecomm LTD /De/)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the ~~applicable~~ Issuing Bank) to the ~~applicable~~ Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this ~~Section~~Section 2.05), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the ~~applicable~~ Issuing Bank, the ~~applicable~~ Borrower also shall submit a letter of credit application on ~~such~~ the Issuing Bank’s 's standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed $~~20,000,000~~ 35,000,000 and (ii) the total Revolving ~~Credit~~ Exposures shall not exceed the total Revolving ~~Credit~~ Commitments.

Appears in 1 contract

Samples: Credit Agreement (Darling International Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower shall deliver by hand ~~deliver~~ or ~~telecopy~~ facsimile (or transmit by electronic communication, if arrangements for doing so have been approved by the ~~applicable~~ Issuing Bank) to the ~~applicable~~ Issuing Bank and the Administrative Agent ~~(reasonably in advance of~~ prior to 9:00 am, New Orleans time, at least three Business Days prior to the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, whether such Letter of Credit is to be denominated in dollars or an Agreed Currency in which case such Agreed Currency shall be specified, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the ~~applicable~~ Issuing Bank, the ~~applicable~~ Borrower also shall submit a letter of credit application on ~~such~~ the Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension ~~(i)~~ the Equivalent Amount of the LC Exposure shall not exceed $~~20,000,000 and (ii) the total Revolving Credit Exposures shall not exceed the total Revolving Credit Commitments~~5,000,00010,000,000.

Appears in 1 contract

Samples: Credit Agreement (Lapeyre James M Jr)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable Borrower~~ Borrowers shall hand deliver or telecopy (or transmit by other generally accepted electronic communication, if arrangements for doing so have been approved by the ~~applicable~~ Issuing Bank) to the ~~applicable~~ Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the ~~applicable~~ Issuing Bank, the ~~applicable Borrower~~ Borrowers also shall submit a letter of credit application on ~~such~~ the Issuing Bank’s 's standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable Borrower~~ Borrowers shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension ~~(i)~~ the ~~LC Exposure shall not exceed $20,000,000 and (ii)~~ sum of the total Revolving Credit Exposures shall not exceed the total Revolving Credit Commitments.

Appears in 1 contract

Samples: Revolving Credit Facility (Drew Industries Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower shall deliver in writing by hand ~~deliver~~ or ~~telecopy~~ facsimile (or transmit by electronic communication, if arrangements for doing so have been approved by the ~~applicable Issuing Bank~~recipient) to the applicable Issuing Bank and the Administrative Agent (~~reasonably~~ no less than two Business Days in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the currency and amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the applicable Issuing Bank, the ~~applicable~~ Borrower also shall submit a letter of credit application on such Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or ~~extension~~ extension, (i) the LC Exposure shall not exceed $~~20,000,000~~ 10,000,000 and (ii) the ~~total~~ aggregate Revolving ~~Credit~~ Exposures shall not exceed the ~~total~~ aggregate Revolving ~~Credit~~ Commitments.

Appears in 1 contract

Samples: Credit Agreement (Concerto Software (Japan) Corp)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable Issuing Bank) to the ~~applicable~~ relevant Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by ~~the applicable~~ an Issuing Bank, the ~~applicable~~ Borrower also shall submit a letter of credit application on such Issuing Bank’s 's standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the total LC Exposure shall not exceed $~~20,000,000~~ 300,000,000 and (ii) the total Revolving ~~Credit~~ Exposures shall not exceed the lesser of (A) the total ~~Revolving Credit Commitments.~~Commitments at such time and

Appears in 1 contract

Samples: Credit Agreement (Rite Aid Corp)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), ~~the applicable~~ a Borrower shall hand deliver or ~~telecopy~~ facsimile transmission (or transmit by electronic communication, if arrangements for doing so have been approved by the ~~applicable~~ Issuing Bank) to the ~~applicable~~ Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be reasonably necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the ~~applicable~~ Issuing Bank, the applicable Borrower also shall submit a letter of credit application on ~~such~~ the Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit ~~the applicable~~ such Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension ~~(i)~~ subject to Section 2.20, the ~~LC Exposure shall not exceed $20,000,000 and (ii)~~ sum of the total Revolving Credit Exposures plus the aggregate principal amount of outstanding Competitive Loans shall not exceed the total ~~Revolving~~ Commitments. The Issuing Bank shall advise the Administrative Agent of the issuance, amendment or expiration of any Letter of Credit ~~Commitments~~and of any payment thereunder and shall calculate the Dollar Equivalent of each outstanding Letter of Credit denominated in an currency other than Dollars as of the end of each calendar month.

Appears in 1 contract

Samples: Credit Agreement (Crane Co /De/)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Parent Borrower shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the ~~applicable~~ Issuing Bank) to the ~~applicable~~ Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the ~~applicable~~ Issuing Bank, the ~~applicable~~ Parent Borrower also shall submit a letter of credit application on ~~such~~ the Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable~~ Parent Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed $20,000,000 and (ii) the total Facility A/B Revolving Credit Exposures shall not exceed the total Facility A Revolving ~~Credit~~ Commitments.

Appears in 1 contract

Samples: Credit Agreement (Charles River Laboratories International Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the applicable Borrower shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable Issuing Bank) to the applicable Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the applicable Issuing Bank, the applicable Borrower also shall submit a letter of credit application on such Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the applicable Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed $~~20,000,000~~ 10,000,000 and (ii) the total Revolving Credit Exposures shall not exceed the total ~~Revolving Credit~~ Commitments.

Appears in 1 contract

Samples: Credit Agreement (Spartan Motors Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower Representative shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the ~~applicable~~ Issuing Bank) to the ~~applicable~~ Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the ~~applicable~~ Issuing Bank, the ~~applicable~~ Borrower Representative also shall submit a letter of credit application on ~~such~~ the Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable Borrower~~ Borrowers shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed $~~20,000,000~~ 75,000,000 and (ii) the ~~total Revolving~~ Aggregate Credit ~~Exposures~~ Exposure shall not exceed the ~~total Revolving Credit Commitments~~Aggregate Commitment.

Appears in 1 contract

Samples: Credit Agreement (Antero Resources LLC)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the ~~applicable~~ Issuing Bank) to the ~~applicable~~ Issuing Bank and the Administrative Agent (~~reasonably~~ at least three Business Days in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the ~~applicable~~ Issuing Bank, the ~~applicable~~ Borrower also shall submit a letter of credit application on ~~such~~ the Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed $~~20,000,000~~ 25,000,000 and (ii) the total Revolving Credit Exposures shall not exceed the total ~~Revolving Credit~~ Commitments.

Appears in 1 contract

Samples: Credit Agreement (A. H. Belo CORP)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower shall hand deliver or ~~telecopy~~ facsimile (or transmit by electronic communication, if arrangements for doing so have been approved by the ~~applicable~~ Issuing Bank) to the ~~applicable~~ Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the ~~applicable~~ Issuing Bank, the ~~applicable~~ Borrower also shall submit a letter of credit application on ~~such~~ the Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the amount of the LC Exposure shall not exceed $~~20,000,000~~ 75,000,000 and (ii) the sum of the total Revolving Credit Exposures shall not exceed the ~~total Revolving Credit Commitments~~Aggregate Commitment.

Appears in 1 contract

Samples: Credit Agreement (Sprouts Farmers Market, Inc.)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable Issuing Bank) to the applicable Issuing Bank and the Administrative Agent (~~reasonably~~ at least three Business Days in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a such Letter of ~~Credit,~~ Credit or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary ~~thereof~~ thereof, and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by ~~the applicable~~ an Issuing Bank, the ~~applicable~~ Borrower also shall submit a letter of credit application on such Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or ~~extension~~ extension, (i) the aggregate LC Exposure ~~shall~~ will not exceed $20,000,000 and (ii) the ~~total~~ aggregate Revolving ~~Credit~~ Exposures shall not exceed the ~~total~~ aggregate Revolving ~~Credit~~ Commitments.

Appears in 1 contract

Samples: Credit Agreement (Symbol Technologies Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower shall deliver by hand ~~deliver~~ or ~~telecopy~~ facsimile (or transmit by electronic communication, if arrangements for doing so have been approved by the ~~applicable Issuing Bank~~Lender) to the ~~applicable Issuing Bank and the Administrative Agent~~ Lender (reasonably in advance of of, but in any event no less than three (3) Business Days prior to the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the ~~applicable Issuing Bank~~Lender, the ~~applicable~~ Borrower also shall submit a letter of credit application on ~~such Issuing Bank~~the Lender’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or ~~extension~~ extension, the Revolving Exposure shall not exceed the lesser of (i) the ~~LC Exposure shall not exceed $20,000,000~~ Revolving Commitment and (ii) the ~~total Revolving Credit Exposures shall not exceed the total Revolving Credit Commitments~~Borrowing Base.

Appears in 1 contract

Samples: Credit Agreement (IntraLinks Holdings, Inc.)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable Borrower~~ Borrowers shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the ~~applicable~~ Issuing Bank) to the ~~applicable~~ Issuing Bank and the Administrative Agent (~~reasonably~~ at least three (3) Business Days in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the ~~applicable~~ Issuing Bank, the ~~applicable Borrower~~ Borrowers also shall submit a letter of credit application on ~~such~~ the Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable Borrower~~ Borrowers shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed ~~$20,000,000~~ the LC Sublimit, and (ii) ~~the total Revolving Credit Exposures~~ Availability shall not ~~exceed the total Revolving Credit Commitments~~be less than $0.

Appears in 1 contract

Samples: Credit Agreement (Usec Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the ~~applicable~~ relevant Issuing Bank) to ~~the applicable~~ an Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by ~~the applicable~~ such Issuing Bank, the ~~applicable~~ Borrower also shall submit a letter of credit application on such Issuing Bank’s 's standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or ~~extension (i) the LC Exposure shall not exceed $20,000,000 and (ii)~~ extension, the total Revolving Credit Exposures shall not exceed the total ~~Revolving Credit~~ Commitments.

Appears in 1 contract

Samples: Credit Agreement (Pacific Sunwear of California Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To In order to request the issuance of a Letter of Credit (or ~~the amendment~~to amend, ~~renewal~~ renew or ~~extension of~~ extend an ~~outstanding~~ existing Letter of Credit), the applicable Borrower shall ~~hand~~ deliver ~~or telecopy~~ (~~or transmit~~ including by ~~electronic communication, if arrangements for doing so have been approved by the applicable Issuing Bank~~telecopy) to the ~~applicable~~ Issuing Bank and the Administrative Agent (~~reasonably in advance of~~ at least five Business Days prior to the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, ~~and specifying~~ the date of issuance, amendment, renewal or ~~extension (which shall be a Business Day)~~extension, the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) ~~of this Section~~below), the amount of such Letter of Credit, the currency in which such Letter of Credit is to be denominated (which shall be Dollars or, subject to Section 2.15, an Alternative Currency), the name and address of the beneficiary thereof and such other information as shall be reasonably necessary to ~~prepare, amend, renew or extend~~ prepare such Letter of Credit. If requested by the applicable Issuing Bank, the applicable Borrower also shall submit a letter of credit application on such Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only ~~if (~~if, and upon issuance, amendment, renewal or extension of each Letter of Credit the applicable Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (iA) the LC L/C Exposure shall not exceed $~~20,000,000 and~~ 15,000,000, (iiB) the ~~total~~ Aggregate Alternative Currency Revolving Credit ~~Exposures~~ Exposure shall not exceed $32,500,000, (C) the Aggregate Revolving Credit Exposure shall not exceed the ~~total~~ Total Revolving Credit ~~Commitments~~Commitment and (D) the JCISA Revolving Credit Exposure shall not exceed the JCISA Maximum Percentage of the Total Revolving Credit Commitment.

Appears in 1 contract

Samples: Credit Agreement (Jafra Cosmetics International Sa De Cv)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower Representative or the Canadian Borrower as applicable, shall hand deliver or ~~telecopy~~ facsimile (or transmit by electronic communication, if arrangements for doing so have been approved by the ~~applicable~~ Issuing Bank) to the ~~applicable~~ Issuing Bank and the applicable Administrative Agent (~~reasonably in advance of~~ prior to 12:00 noon, Local Time, at least three Business Days prior to the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the ~~applicable~~ Issuing Bank, the ~~applicable~~ Borrower Representative or, if applicable, the Canadian Borrower, shall also ~~shall~~ submit a letter of credit application on ~~such~~ the Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable~~ Borrower Representative or the Canadian Borrower, as applicable, shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the US LC Exposure shall not exceed ~~$20,000,000 and~~ the US LC Sublimit, (ii) the ~~total Revolving Credit Exposures~~ Canadian LC Exposure shall not exceed the ~~total~~ Canadian LC Sublimit, and (iii) the Borrowers shall be in compliance with the Revolving ~~Credit Commitments~~Exposure Limitations.

Appears in 1 contract

Samples: Credit Agreement (Bowne & Co Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the ~~applicable~~ relevant Issuing Bank) to ~~the applicable~~ an Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by ~~the applicable~~ such Issuing Bank, the ~~applicable~~ Borrower also shall submit a letter of credit application on such Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed $~~20,000,000~~ 350,000,000 and (ii) the total 2014 Revolving ~~Credit~~ Exposures shall not exceed the total 2014 Revolving ~~Credit~~ Commitments.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Dean Foods Co)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the ~~applicable~~ relevant Issuing Bank) to the ~~applicable~~ relevant Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the ~~applicable~~ relevant Issuing Bank, the ~~applicable~~ Borrower also shall submit a letter of credit application on such Issuing Bank’s 's standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or ~~extension~~ extension, (i) the LC Exposure shall not exceed $~~20,000,000 and~~ 15,000,000, (ii) the total Revolving ~~Credit~~ Exposures shall not exceed the total Commitments and (iii) the total Revolving ~~Credit Commitments~~Exposures shall not exceed the Borrowing Base then in effect.

Appears in 1 contract

Samples: Credit Agreement (Galyans Trading Co Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower shall hand deliver or ~~telecopy~~ facsimile (or transmit by electronic communication, if pursuant to arrangements for doing so ~~have been~~ approved by the applicable Issuing Bank) to the applicable Issuing Bank and the Administrative Agent (~~reasonably in advance of~~ not later than three Business Days before the requested date of issuance, amendment, renewal or extension) a ~~notice~~ Credit Request requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by ~~the applicable~~ an Issuing Bank, the ~~applicable~~ Borrower also shall submit a letter of credit application on such Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (~~and~~ and, upon issuance, amendment, renewal or extension of each Letter of ~~Credit~~ Credit, the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or ~~extension~~ extension, (i) the LC Exposure shall not exceed $~~20,000,000~~ 40,000,000 and (ii) the total ~~Revolving~~ Credit Exposures shall not exceed the total ~~Revolving Credit~~ Commitments.

Appears in 1 contract

Samples: Credit Agreement (Allete Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), ~~the applicable~~ a Borrower shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the ~~applicable~~ relevant Issuing Bank) to the ~~applicable~~ relevant Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by ~~the applicable~~ such Issuing Bank, ~~the applicable~~ such Borrower also shall submit a letter of credit application on such Issuing Bank’s 's standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit ~~the applicable~~ such Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed $~~20,000,000~~ 100,000,000 and (ii) the total Revolving ~~Credit~~ Exposures shall not exceed the total Revolving ~~Credit~~ Commitments.

Appears in 1 contract

Samples: Credit Agreement (Imc Global Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable~~ Borrower shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the ~~applicable~~ Issuing ~~Bank~~Bank and the Administrative Agent) to the ~~applicable~~ Issuing Bank and the Administrative Agent (~~reasonably~~ at least four (4) Business Days in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, ~~and specifying~~ the date of issuance, amendment, renewal or ~~extension (which shall be a Business Day)~~extension, the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. Each such notice shall be accompanied by an Officer’s Certificate as to pro forma financial covenant compliance required by Section 6.1(i). The Administrative Agent shall provide copies of such notice and Officer’s Certificate to each Lender promptly after receipt thereof. If requested by the ~~applicable~~ Issuing Bank, the ~~applicable~~ Borrower also shall submit a letter of credit application on ~~such~~ the Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable~~ Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed $~~20,000,000~~ 25,000,000 and (ii) the sum of the total Revolving Credit Exposures shall not exceed the total ~~Revolving Credit Commitments~~Commitments at such time.

Appears in 1 contract

Samples: Credit Agreement (Corporate Property Associates 14 Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To In order to request the issuance of a Letter of Credit (or ~~the amendment~~to amend, ~~renewal~~ renew or ~~extension of~~ extend an ~~outstanding~~ existing Letter of Credit), the ~~applicable Borrower~~ Company shall ~~hand~~ deliver ~~or telecopy (or transmit by electronic communication~~a notice, ~~if arrangements for doing so have been approved by the applicable Issuing Bank)~~ in accordance with Section 9.01, to the ~~applicable~~ Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension) ~~a notice~~ requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, ~~and specifying~~ the date of issuance, amendment, renewal or ~~extension (which shall be a Business Day)~~extension, the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) ~~of this Section~~below), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to ~~prepare, amend, renew or extend~~ prepare such Letter of Credit~~. If requested by~~ ; provided that no Letters of Credit shall be issued after the ~~applicable Issuing Bank,~~ date that is 30 days prior to the ~~applicable Borrower also shall submit a letter of credit application on such Issuing Bank’s standard form in connection with any request for a Letter of Credit~~Maturity Date. A Letter of Credit shall be issued, amended, renewed or extended only ~~if (~~if, and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable Borrower~~ Company shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension ~~(i)~~ the LC L/C Exposure shall not exceed ~~$20,000,000 and (ii)~~ the ~~total Revolving Credit Exposures shall not exceed the total Revolving Credit Commitments~~Total Commitment.

Appears in 1 contract

Samples: Letter of Credit Facility Agreement (Vistancia Marketing, LLC)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the ~~applicable Borrower~~ Borrowers shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the ~~applicable~~ Issuing Bank) to the ~~applicable~~ Issuing Bank and the Administrative Agent (~~reasonably~~ at least five (5) Business Days in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. Each such notice shall be accompanied by the officer’s certificate required by SECTIONS 4.2(f) and 6.1(e). The Administrative Agent shall promptly advise each Lender of each such notice. If requested by the ~~applicable~~ Issuing Bank, the ~~applicable Borrower~~ Borrowers also shall submit a letter of credit application on ~~such~~ the Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the ~~applicable Borrower~~ Borrowers shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed $20,000,000 and (ii) the total Revolving Credit Exposures shall not exceed the total ~~Revolving Credit~~ Commitments.

Appears in 1 contract

Samples: Credit Agreement (FelCor Lodging Trust Inc)

Common use of Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions Clause in Contracts