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

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to request the issuance of a Letter of Credit (or to amend, renew or extend an existing Letter of Credit), the Borrower shall hand deliver or fax to the 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, the date of issuance, amendment, renewal or extension, the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) 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 such 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 Borrower shall be deemed to represent and warrant that, after giving effect to such issuance, amendment, renewal or extension (i) the 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 the Aggregate L/C Commitment and (iii) the Aggregate Revolving Credit Exposure shall not exceed the Total Revolving Credit Commitment.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (Advanced Disposal Services, Inc.), Credit Agreement (Advanced Disposal Services, Inc.)

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Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the Issuing Bank) to the 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, amendment renewal or extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. If requested by the Issuing Bank, the Borrower also shall submit a letter of credit application on 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 ifif (x) in the case of a Standby Letter of Credit, the same shall be for the purpose permitted in paragraph (a) above, and upon issuance, amendment, renewal or extension of each Letter of Credit the Borrower shall be deemed to represent and warrant that, (y) after giving effect to such issuance, amendment, renewal or extension (i) the aggregate principal amount of outstanding Letters Letter of Credit issued by any Issuing Bank Outstandings shall not exceed such Issuing Bank’s L/C Commitment$15,000,000, (ii) the L/C Exposure Topps SA Letter of Credit Outstandings shall not exceed the Aggregate L/C Commitment $15,000,000, and (iii) the Aggregate total Revolving Credit Exposure Exposures shall not exceed the Total total Revolving Credit CommitmentCommitments.

Appears in 2 contracts

Samples: Credit Agreement (Topps Co Inc), Credit Agreement (Topps Co Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the Fronting Bank) to the Issuing Fronting Bank and the Administrative Servicing 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, the date of issuance, amendment, renewal or extension, the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. If requested by the Fronting Bank, the Borrower also shall submit a letter of credit application in the form of Exhibit D hereto 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 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 $100,000,000 and (ii) the sum of the total Revolving Credit Exposures plus the 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 the Aggregate L/C Commitment and (iii) the Aggregate Revolving Credit Exposure Competitive Loans shall not exceed the Total Revolving Credit Commitment.

Appears in 2 contracts

Samples: Credit Agreement (Lyondell Chemical Co), Credit Agreement (Equistar Funding Corp)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax Telecopy 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 (D or such other substantially similar form as required by such the Borrower and the applicable Issuing Bank) Bank may agree 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such 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 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 the total Commitments, (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) the portion of the LC Exposure attributable to Letters of Credit issued by any the applicable Issuing Bank shall will not exceed the LC Commitment of such Issuing Bank’s L/C Commitment, (ii) the L/C Exposure shall not exceed the Aggregate L/C Commitment and (iii) the Aggregate Revolving Credit Exposure shall not exceed the Total Revolving Credit Commitment.

Appears in 2 contracts

Samples: Credit Agreement (Northrop Grumman Corp /De/), Credit Agreement (Northrop Grumman Corp /De/)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal (other than an automatic renewal in accordance with paragraph (c) of this Section) or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax telecopy (or transmit by other 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 one Business Day in advance of the requested date of issuance, amendment, renewal or extension) a notice substantially in the form Notice of Exhibit N (or such form as required by such Issuing Bank) L/C Activity 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 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 Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension extension, (i) the total Revolving Facility Exposure of all Lenders shall not exceed the total Revolving Commitments of all Lenders and (ii) the aggregate principal available amount of outstanding all 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 the Aggregate L/C Commitment and (iii) the Aggregate Revolving Credit Exposure shall not exceed the Total Revolving Credit Issuing Commitment.

Appears in 2 contracts

Samples: Credit Agreement (Allegheny Energy, Inc), Credit Agreement (Allegheny Energy, Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the relevant Issuing Bank) to the relevant 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. If requested by the relevant Issuing Bank, the 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 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 $500,000,000 and (ii) the sum of the total Revolving Credit Exposures plus the 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 Competitive Loans shall not exceed the Aggregate L/C Commitment and (iii) the Aggregate Revolving Credit Exposure shall not exceed the Total Revolving Credit Commitmenttotal Commitments.

Appears in 2 contracts

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

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the Issuing Bank) to the 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof this 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 prepare, amend, renew or extend such Letter of Credit. If requested by the Issuing Bank, the Borrower also shall submit a letter of credit application on 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, if (and upon issuance, amendment, renewal or extension of each Letter of Credit the 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 $150,000,000, (ii) the sum of the Aggregate Revolving Credit Exposure plus the 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 Competitive Loans shall not exceed the Aggregate L/C Revolving Commitment and (iii) the Aggregate Revolving Credit Exposure no Default shall not exceed the Total Revolving Credit Commitmenthave occurred and be continuing.

Appears in 2 contracts

Samples: Credit Agreement (Trinity Marine Products, Inc.), Credit Agreement (Trinity Industries Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the relevant Issuing Bank) to the relevant 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. If requested by the relevant Issuing Bank, the 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 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 $500,000,000, (ii) the sum of the total Revolving Credit Exposures plus the 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 Competitive Loans shall not exceed the Aggregate L/C Commitment total Commitments and (iii) the Aggregate no Lender’s Revolving Credit Exposure shall not exceed the Total Revolving Credit its Commitment.

Appears in 2 contracts

Samples: Credit Agreement (Limited Brands Inc), Assignment and Assumption (Limited Brands Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax telecopy to the relevant 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. If requested by an Issuing Bank, the 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 Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the aggregate principal amount of outstanding Letters of Credit issued by any Issuing Bank LC Exposure shall not exceed such Issuing Bank’s L/C Commitment$30,000,000, (ii) the L/C Exposure sum of the total Working Capital Credit Exposures shall not exceed the Aggregate L/C Commitment total Working Capital Commitments and (iii) the Aggregate sum of the total Revolving Credit Exposure Exposures shall not exceed the Total Revolving Credit Commitmenttotal Commitments.

Appears in 1 contract

Samples: Credit Agreement (Inergy L P)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the Issuing Bank) to the 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 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, the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowSection 2.18(3)), the amount of such Letter of CreditCredit (which shall be denominated in U.S. Dollars only), the name and address of the beneficiary thereof and such other information as shall be necessary to prepare prepare, amend, renew or extend such Letter of Credit. If requested by the Issuing Bank, the Borrower also shall submit a letter of credit application on 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, if (and upon issuance, amendment, renewal or extension of each Letter of Credit Credit, the Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension extension, (ia) the 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 LC Exposure shall not exceed the Aggregate L/C Commitment U.S.$50,000,000, and (iiib) the Aggregate aggregate Revolving Credit Exposure shall not exceed the Total Revolving Credit Commitmenttotal Commitments.

Appears in 1 contract

Samples: Credit Agreement (Tahoe Resources Inc.)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the relevant Issuing Bank) to the relevant 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, the date of issuance, amendment, renewal or extension, the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. If requested by the relevant Issuing Bank, the Borrower also shall submit a letter of credit application on the 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 Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the aggregate principal amount of outstanding Letters of Credit issued by any Issuing Bank LC Exposure shall not exceed such Issuing Bank’s L/C Commitment$40,000,000, (ii) the L/C Exposure sum of the aggregate amount of the Revolving Credit Exposures of all of the Lenders plus the aggregate principal amount of all Pari Passu Debt then outstanding shall not exceed the Aggregate L/C Commitment Consolidated Borrowing Base and (iii) the Aggregate sum of the total Revolving Credit Exposure Exposures shall not exceed the Total Revolving Credit Commitment.

Appears in 1 contract

Samples: Smithfield Foods Inc

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the Issuing Bank) to the 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, the date of issuance, amendment, renewal or extension, the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. If requested by the Issuing Bank, the Borrower also shall submit a letter of credit application reasonably acceptable to the Issuing Bank 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 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 $15,000,000 and (ii) the sum of the total Revolving Credit Exposures plus the 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 Competitive Loans shall not exceed the Aggregate L/C Commitment and (iii) the Aggregate Revolving Credit Exposure shall not exceed the Total Revolving Credit Commitmenttotal Commitments.

Appears in 1 contract

Samples: Credit Agreement (Borgwarner Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the US Borrower shall hand deliver or fax telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the Issuing Bank) to the 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, the date of issuance, amendment, renewal or extension, the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. If requested by the Issuing Bank, the US Borrower also shall submit a letter of credit application on 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, if (and upon issuance, amendment, renewal or extension of each Letter of Credit the 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 $25,000,000, (ii) the Available US Commitment of each US Lender is greater than or equal to zero and (iii) the sum of the aggregate Revolving Credit Exposures of all the Lenders plus the 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 Competitive Loans shall not exceed the Aggregate L/C Commitment and (iii) the Aggregate Revolving Credit Exposure shall not exceed the Total Revolving Credit Commitmentaggregate US Commitments.

Appears in 1 contract

Samples: Servicing Agreement (Navistar Financial Corp)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the a Borrower shall hand deliver or fax facsimile transmission (or transmit by electronic communication, if arrangements for doing so have been approved by the Issuing Bank) to the 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof this Section), the amount of such Letter of Credit, the Agreed Currency applicable thereto, the name and address of the beneficiary thereof and such other information as shall be reasonably necessary to prepare prepare, amend, renew or extend such Letter of Credit. If requested by the Issuing Bank, the applicable Borrower also shall submit a letter of credit application on 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, if (and upon issuance, amendment, renewal or extension of each Letter of Credit the such Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (isubject to Sections 2.10(c) and 2.20, the aggregate principal amount sum of outstanding Letters the Dollar Equivalent of the total Revolving Credit issued by any Issuing Bank shall not exceed such Issuing Bank’s L/C Commitment, (ii) the L/C Exposure Exposures shall not exceed the Aggregate L/C Commitment total Commitments. The Issuing Bank shall advise the Administrative Agent of the issuance, amendment or expiration of any Letter of Credit and (iii) of any payment thereunder as of the Aggregate Revolving Credit Exposure shall not exceed the Total Revolving Credit Commitmentend of each calendar month.

Appears in 1 contract

Samples: Credit Agreement (Crane Co /De/)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower Representative shall hand deliver or fax facsimile (or transmit by electronic communication, if arrangements for doing so have been approved by the Issuing Bank) to the Issuing Bank and the Administrative Agent (reasonably in advance of prior to 9:00 am, Chicago time, at least three Business Days prior to 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. If requested by the Issuing Bank, the applicable Borrower also shall submit a letter of credit application on 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, if (and upon issuance, amendment, renewal or extension of each Letter of Credit the Borrower Borrowers shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the aggregate principal amount of outstanding Letters of Credit issued by any Issuing Bank LC Exposure plus the Ex-Im LC Exposure shall not exceed such Issuing Bank’s L/C Commitment, $10,000,000 and (ii) the L/C Exposure total Revolving Exposures shall not exceed the Aggregate L/C Commitment lesser of the total Revolving Commitments and (iii) the Aggregate Revolving Credit Exposure shall not exceed the Total Revolving Credit CommitmentBorrowing Base.

Appears in 1 contract

Samples: Credit Agreement (Energy Conversion Devices Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax 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 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof this Section), the face amount of such Letter of Credit, the currency in which such Letter of Credit shall be denominated, the name and address of the beneficiary thereof and such other information as shall be reasonably necessary to prepare prepare, amend, renew or extend such Letter of Credit. If requested by the applicable Issuing Bank, the 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 Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension extension, (i) the aggregate principal amount of outstanding Letters of Credit issued by any Issuing Bank LC Exposure shall not exceed such Issuing Bank’s L/C Commitment, $10,000,000 and (ii) the L/C Exposure aggregate Revolving Exposures shall not exceed the Aggregate L/C Commitment and (iii) the Aggregate aggregate Revolving Credit Exposure shall not exceed the Total Revolving Credit CommitmentCommitments.

Appears in 1 contract

Samples: Credit Agreement (RedPrairie Holding, Inc.)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower Company shall deliver by hand deliver or fax 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 11:00 a.m., New York City time, at least one Business Day prior to the requested date of issuance, amendment, renewal or extensionextension (or such later time as is acceptable to the Administrative Agent and applicable Issuing Bank (if any)) 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. If requested by the applicable Issuing Bank, the Company 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 Borrower Company shall be deemed to represent and warrant that), immediately after giving effect to such issuance, amendment, renewal or extension (i) the aggregate principal amount of outstanding Letters of Credit issued by any Issuing Bank LC Exposure shall not exceed such Issuing Bank’s L/C Commitment, $100,000,000 and (ii) the L/C Exposure Aggregate Revolving Exposures shall not exceed the Aggregate L/C Commitment and (iii) amount of the Aggregate Revolving Credit Exposure shall not exceed then applicable Commitments of all of the Total Revolving Credit CommitmentBanks.

Appears in 1 contract

Samples: Revolving Credit Agreement (Conagra Foods Inc /De/)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the US Borrower shall hand deliver or fax telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the Issuing Bank) to the 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, the date of issuance, amendment, renewal or extension, the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. If requested by the Issuing Bank, the US Borrower also shall submit a letter of credit application on 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, if (and upon issuance, amendment, renewal or extension of each Letter of Credit the US Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the aggregate principal amount of outstanding Letters of Credit issued by any Issuing Bank LC Exposure shall not exceed such Issuing Bank’s L/C Commitment$20,000,000, (ii) the L/C Exposure shall not exceed the Aggregate L/C Available US Revolving Commitment of each US Lender is greater than or equal to zero and (iii) the Aggregate aggregate Revolving Credit Exposure Exposures of all the Lenders shall not exceed the Total aggregate US Revolving Credit CommitmentCommitments.

Appears in 1 contract

Samples: Servicing Agreement (Navistar Financial Corp)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to request the issuance of a Letter of Credit denominated in U.S. Dollars or Australian Dollars (or to amend, renew or extend an existing Letter of CreditCredit issued in U.S. Dollars or Australian Dollars), the Borrower shall hand deliver deliver, fax or send by electronic communication (e-mail) (or by telephone notice promptly confirmed by a written, fax or electronic communication (e-mail)) to the Issuing Bank and the Administrative Australian Agent (reasonably at least 3 Business Days 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, the date of issuance, amendment, renewal or extension, the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) below), the amount and currency of such Letter of Credit, the name and address of the beneficiary thereof of any requested letter of credit or the guaranteed party for any bank guarantee and such other information as shall be necessary to prepare such 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 Borrower shall be deemed to represent and warrant that, after giving effect to such issuance, amendment, renewal or extension (i) the aggregate principal amount of outstanding Letters of Aggregate Credit issued by any Issuing Bank Exposure shall not exceed such Issuing Bank’s L/C CommitmentAUD$25,000,000, (ii) the L/C Exposure aggregate Revolving Exposures shall not exceed the Aggregate L/C Commitment Total Revolving Commitment, and (iii) the Aggregate Revolving Credit Exposure related to Credits issued by the Issuing Bank shall not exceed an amount agreed to in writing between the Total Revolving Credit CommitmentBorrower and the Issuing Bank and notified to the Australian Agent.

Appears in 1 contract

Samples: Syndicated Facility Agreement (Oil States International, Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax (or transmit through Electronic System, if arrangements for doing so have been approved by the Lender) to the 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 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. If requested by the Lender, the Borrower also shall submit a letter of credit application on 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, if (and upon issuance, amendment, renewal or extension of each Letter of Credit the Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the aggregate principal amount of outstanding Letters of Credit issued by any Issuing Bank LC Exposure shall not exceed such Issuing Bank’s L/C Commitment$2,500,000, (ii) the L/C Standby LC Exposure shall not exceed $500,000, (iii) the Commercial LC Exposure shall not exceed $2,000,000 and (iv) the Exposure shall not exceed the Aggregate L/C lesser of the Commitment and (iii) the Aggregate Revolving Credit Exposure shall not exceed the Total Revolving Credit CommitmentBorrowing Base.

Appears in 1 contract

Samples: Credit Agreement (Par Technology Corp)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a an Additional Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower Company shall hand deliver or fax telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the Issuing Lender) to the Issuing Bank Lender 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 an Additional Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. If requested by the Issuing Lender, the Company also shall submit a letter of credit application on the Issuing Lender’s standard form in connection with any request for an Additional 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 Borrower Company 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 $50,000,000 and (ii) the sum of (I) the outstanding aggregate principal amount of outstanding Letters of Credit issued by any Issuing Bank shall not exceed such Issuing Bank’s L/C Commitment, all Loans and (iiII) the L/C LC Exposure shall not exceed the Aggregate L/C Commitment and (iii) the Aggregate Revolving Credit Exposure shall not exceed the Total Revolving Credit Commitmentaggregate Commitments.

Appears in 1 contract

Samples: Credit Agreement (Cox Radio Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the Issuing Bank) to the 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) 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. A If requested by the Issuing Bank, the Borrower also shall submit a letter of credit application on the Issuing Bank's standard form in connection with any request for a Letter of Credit. 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 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 does not exceed $5,000,000 and (ii) the sum of the aggregate principal amount of all outstanding Letters Loans plus the amount of Credit issued by any Issuing Bank shall not exceed such Issuing Bank’s L/C Commitment, (ii) the L/C LC Exposure shall does not exceed the Aggregate L/C Commitment and (iii) amount of the Aggregate Revolving Credit Exposure shall not exceed the Total Revolving Credit Commitment.Borrowing Base on such date. 38

Appears in 1 contract

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

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower an LC Subsidiary shall hand deliver or fax telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the Issuing Bank) to the Issuing Bank and the Administrative Agent (Agent, at the Applicable Office, 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, the date of issuance, amendment, renewal or extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof this Section), the amount and currency of such Letter of CreditCredit (which shall be Dollars or an Alternative Currency), the name and address of the beneficiary thereof and such other information as shall be necessary to prepare prepare, amend, renew or extend such Letter of Credit. If requested by the Issuing Bank, the applicable LC Subsidiary also shall submit a letter of credit application on 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, if (and upon issuance, amendment, renewal or extension of each Letter of Credit the Borrower applicable LC Subsidiary shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the aggregate principal amount of outstanding Letters of Credit issued by any Issuing Bank LC Exposure shall not exceed such Issuing Bank’s L/C Commitment$35,000,000, and (ii) the L/C Exposure aggregate Revolving Exposures shall not exceed the Aggregate L/C Commitment and (iii) the Aggregate aggregate Available Revolving Credit Exposure shall not exceed the Total Revolving Credit CommitmentCommitments.

Appears in 1 contract

Samples: Credit Agreement (GrafTech Holdings Inc.)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the applicable Borrower shall hand deliver or fax telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the Issuing Bank) to the 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. If requested by the Issuing Bank, a Borrower also shall submit a letter of credit application on the Issuing Bank's standard form in connection with any request for a Letter of Credit; provided that in the event of any conflict between the provisions of this Agreement and the provisions of any such letter of credit application, the provisions of this Agreement shall control. 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 Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the aggregate principal amount of outstanding Letters of Credit issued by any Issuing Bank LC Exposure shall not exceed such Issuing Bank’s L/C Commitment, $10,000,000 and (ii) the L/C Exposure total Revolving Exposures shall not exceed the Aggregate L/C Commitment and (iii) the Aggregate Revolving Credit Exposure shall not exceed the Total Revolving Credit Commitmenttotal Commitments.

Appears in 1 contract

Samples: Credit Agreement (Caprock Communications Corp)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable Issuing Bank) to the relevant 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. If requested by the applicable Issuing Bank, the 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 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 $50,000,000 and (ii) the sum of the total Revolving Credit Exposures plus the 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 Competitive Loans shall not exceed the Aggregate L/C Commitment and (iii) the Aggregate Revolving Credit Exposure shall not exceed the Total Revolving Credit Commitmenttotal Commitments.

Appears in 1 contract

Samples: Credit Agreement (Ethan Allen Interiors Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the Issuing Bank) to the 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 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, the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowSection 2.18(3)), the amount of such Letter of CreditCredit (which shall be denominated in U.S. Dollars only), the name and address of the beneficiary thereof and such other information as shall be necessary to prepare prepare, amend, renew or extend such Letter of Credit. If requested by the Issuing Bank, the Borrower also shall submit a letter of credit application on 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, if (and upon issuance, amendment, renewal or extension of each Letter of Credit Credit, the Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension extension, (ia) the 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 LC Exposure shall not exceed the Aggregate L/C Commitment U.S.$50,000,000 and (iiib) the Aggregate aggregate Revolving Credit Exposure Exposures shall not exceed the Total Revolving Credit Commitmenttotal Commitments.

Appears in 1 contract

Samples: Credit Agreement (Tahoe Resources Inc.)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower Representative shall hand deliver via electronic mail or fax facsimile to the Issuing Bank that it may request issue the applicable Letter of Credit 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 written Issuance Request. Each 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, the date of issuance, amendment, renewal or extension, written Issuance Request shall specify the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. A It is understood that the reinstatement of all or a portion of a Letter of Credit in accordance with the terms thereof following a drawing thereunder shall be issued, amended, renewed or extended only if, and upon issuance, not constitute an amendment, renewal or extension of each 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. No Issuing Bank shall agree to issue, amend, renew or extend a Letter of Credit the Borrower shall be deemed to represent and warrant thatif, after giving effect to such issuance, amendment, renewal or extension (i) the 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 LC Exposure shall not exceed the Aggregate L/C Commitment and (iii) the Aggregate Revolving Credit Exposure shall not exceed the Total Revolving Credit Commitment.60

Appears in 1 contract

Samples: Credit Agreement (Pilgrims Pride Corp)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower Company shall hand deliver or fax 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 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. If requested by the applicable Issuing Bank, the Company 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 Borrower Company shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the aggregate principal amount Dollar Equivalent of outstanding Letters of Credit issued by any Issuing Bank the LC Exposure shall not exceed such Issuing Bank’s L/C Commitment$25,000,000, (ii) the L/C Exposure sum of the total Revolving Credit Exposures shall not exceed the Aggregate L/C Commitment and total Commitments, (iii) the Aggregate Dollar Equivalent of the aggregate outstanding principal amount of all Revolving Credit Exposure of all Lenders relative to all Subsidiary Borrowers shall not exceed $100,000,000 and (iv) the Total Dollar Equivalent of the aggregate amount of all Revolving Loans and Letters of Credit Commitmentdenominated in Foreign Currencies shall not exceed $100,000,000.

Appears in 1 contract

Samples: Credit Agreement (Molex Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the relevant Issuing Bank) to the relevant 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. If requested by the relevant Issuing Bank, the 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 Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the aggregate principal amount of outstanding Letters of Credit issued by any Issuing Bank LC Exposure shall not exceed such Issuing Bank’s L/C Commitment$500,000,000, (ii) the L/C no Lender’s Revolving Credit Exposure shall not exceed the Aggregate L/C its Commitment and (iii) the Aggregate sum of the total Revolving Credit Exposure Exposures plus the aggregate principal amount of outstanding Competitive Loans shall not exceed the Total Revolving Credit Commitmenttotal Commitments.

Appears in 1 contract

Samples: Credit Agreement (Limited Brands Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the a Borrower shall hand deliver or fax telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the Issuing Bank) to the 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such 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 Borrower Borrowers shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the aggregate principal amount of outstanding Letters of Credit issued by any Issuing Bank LC Exposure shall not exceed such Issuing Bank’s L/C Commitment$100,000,000, (ii) the L/C Unrestricted Subsidiary LC Exposure shall not exceed the Aggregate L/C Commitment $10,000,000 and (iii) the Aggregate Revolving Credit Exposure total Exposures shall not exceed the Total Revolving total Commitments. On and after the Initial Borrowing Availability Date, the Existing Letters of Credit Commitmentshall be deemed to be Letters of Credit issued under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Freeport McMoran Copper & Gold Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower an LC Subsidiary shall hand deliver or fax telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the Issuing Bank) to the Issuing Bank and the Administrative Agent (Agent, at the Applicable Office, 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, the date of issuance, amendment, renewal or extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof this Section), the amount and currency of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare prepare, amend, renew or extend such Letter of Credit. If requested by the Issuing Bank, the applicable LC Subsidiary also shall submit a letter of credit application on 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, if (and upon issuance, amendment, renewal or extension of each Letter of Credit the Borrower applicable LC Subsidiary shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the aggregate principal amount of outstanding Letters of Credit issued by any Issuing Bank LC Exposure shall not exceed such Issuing Bank’s L/C Commitment, EUR 25,000,000 and (ii) the L/C Exposure shall aggregate Revolving Exposures will not exceed the Aggregate L/C Commitment and (iii) the Aggregate aggregate Revolving Credit Exposure shall not exceed the Total Revolving Credit CommitmentCommitments.

Appears in 1 contract

Samples: Credit Agreement (Ucar International Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable Issuing Bank) to the relevant 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. If requested by an Issuing Bank, the 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 Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the aggregate principal total LC Exposure shall not exceed $500,000,000, (ii) the amount of outstanding the LC Exposure attributable to Letters of Credit issued by any the applicable Issuing Bank shall will not exceed such Issuing Bank’s L/C Commitment, (ii) the L/C Exposure shall not exceed the Aggregate L/C Commitment $125,000,000 and (iii) the Aggregate total Revolving Credit Exposure Exposures shall not exceed the Total lesser of (A) the total Revolving Credit CommitmentCommitments at such time and (B) the Borrowing Base Amount in effect at such time minus the sum of (1) the outstanding Term Loans at such time, (2) the Other Revolving Exposures at such time and (3) the Additional Senior Debt at such time.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Rite Aid Corp)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax telecopy (or deliver by comparable means) to the 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. If requested by the Issuing Bank, the Borrower also shall submit a letter of credit application on 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, if (and upon issuance, amendment, renewal or extension of each Letter of Credit the 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 the LC Sublimit and in no event shall the Dollar Equivalent of Subsidiary Borrowing Letters of Credit exceed $20,000,000, and (ii) the sum of the total Revolving Credit Exposures plus the 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 the Aggregate L/C Commitment and (iii) the Aggregate Revolving Credit Exposure shall Competitive Loans will not exceed the Total Revolving Credit Commitment.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Dentsply International Inc /De/)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to request the issuance of a Letter of Credit (or to amend, renew or extend an existing Letter of Credit), the Borrower shall hand deliver or fax to the an 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 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, the date of issuance, amendment, renewal or extension, the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) below), 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 such 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 Borrower shall be deemed to represent and warrant that, after giving effect to such issuance, amendment, renewal or extension (i) with regard to any Issuing Bank individually, the aggregate principal amount of outstanding L/C Exposure with respect to Letters of Credit issued by any such Issuing Bank shall not exceed such Issuing Bank’s its respective L/C CommitmentFronting Sublimit, (ii) the L/C Exposure with regard to all Letters of Credit shall not exceed the Aggregate L/C Commitment $90,000,000 and (iii) the Aggregate Revolving Credit Exposure shall not exceed the Total Revolving Credit Commitment.

Appears in 1 contract

Samples: Credit Agreement (Warner Music Group Corp.)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the Issuing Bank) to the 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, the date of issuance, amendment, renewal or extension, the date on which such Letter of Credit is to expire (which shall comply with paragraph (c3) belowof 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 prepare, amend, renew or extend such Letter of Credit. If requested by the Issuing Bank, the Borrower also shall submit a letter of credit application on 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, if (and upon issuance, amendment, renewal or extension of each Letter of Credit the Borrower shall be deemed to represent and warrant that, ) (A) it is in an amount not less than $100,000 and (B) after giving effect to such issuance, amendment, renewal or extension (i) the aggregate principal amount of outstanding Letters of Credit issued by any Issuing Bank LC Exposure shall not exceed such Issuing Bank’s L/C Commitment$25,000,000, (ii) the L/C Exposure sum of the total Credit Exposures shall not exceed the Aggregate L/C Commitment total Commitments and (iii) the Aggregate Revolving not more than ten (10) Letters of Credit Exposure shall not exceed the Total Revolving Credit Commitmenthave been issued and are outstanding hereunder.

Appears in 1 contract

Samples: Loan Agreement (Center Trust Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the applicable Borrower shall hand deliver or fax facsimile (or transmit by electronic communication, if arrangements for doing so have been approved by the Issuing Bank) to the Issuing Bank and the Administrative Agent Agent, prior to 9:00 am (reasonably in advance of New York time) on 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowSection 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 prepare, amend, renew or extend such Letter of Credit. If requested by the Issuing Bank, the applicable Borrower also shall submit a letter of credit application on 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, if (and upon issuance, amendment, renewal or extension of each Letter of Credit the Borrower Borrowers shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the 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 the Aggregate L/C Commitment and (iii) the Aggregate Revolving Credit Exposure shall not exceed the Total Revolving Credit Commitmentlesser of the total Commitments and the Borrowing Base, (ii) the GMI Exposure shall not exceed the GMI Sublimit, (iii) the TAC Exposure shall not exceed the TAC Sublimit and (iv) the GSMS Exposure shall not exceed the GSMS Sublimit.

Appears in 1 contract

Samples: Credit Agreement (Globe Specialty Metals Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable LC Issuer) to the Issuing Bank an LC Issuer and the Administrative Agent (reasonably at least five Business Days 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 CreditCredit by such LC Issuer, or identifying the Letter of Credit issued by such LC Issuer to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension, the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowSection 2.19(3)), the amount of such Letter of CreditCredit (which shall be denominated in Canadian Dollars or U.S. Dollars only), the name and address of the beneficiary thereof and such other information as shall be necessary to prepare prepare, amend, renew or extend such Letter of Credit. If requested by an LC Issuer, the Borrower also shall submit a letter of credit application on such LC Issuer’s standard form in connection with any request for a Letter of Credit to be issued by such LC Issuer. 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 Credit, the Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension extension, (ia) the 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 LC Exposure shall not exceed the Aggregate L/C Commitment U.S. $● and (iiib) the Aggregate aggregate Revolving Credit Exposure Exposures shall not exceed the Total total Revolving Credit CommitmentCommitments.

Appears in 1 contract

Samples: Credit Agreement (Pretium Resources Inc.)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable Issuing Bank) to the relevant 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. If requested by an Issuing Bank, the 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 Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the aggregate principal total LC Exposure shall not exceed $300,000,000, (ii) the amount of outstanding the LC Exposure attributable to Letters of Credit issued by any the applicable Issuing Bank shall not exceed such Issuing Bank’s L/C Commitment, (ii) the L/C Exposure shall will not exceed the Aggregate L/C LC Commitment of such Issuing Bank and (iii) the Aggregate total Revolving Credit Exposure Exposures shall not exceed the Total lesser of (A) the total Revolving Credit CommitmentCommitments at such time and (B) the Borrowing Base Amount in effect at such time minus the outstanding Tranche 1 Term Loans at such time.

Appears in 1 contract

Samples: Credit Agreement (Rite Aid Corp)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to request the issuance of a Letter of Credit (or to amend, renew or extend an existing Letter of Credit), the applicable Borrower shall hand deliver or fax to the 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, the date of issuance, amendment, renewal or extension, the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) 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 such 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 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 the Aggregate L/C Commitment and (iii) the Aggregate Revolving Credit Exposure shall not exceed the Total Revolving Credit Commitment.

Appears in 1 contract

Samples: Credit Agreement (Wca Waste Corp)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the Issuing Bank) to the 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof this 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 prepare, amend, renew or extend such Letter of Credit. If requested by the Issuing Bank, the Borrower also shall submit a letter of credit application on 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, if (and upon issuance, amendment, renewal or extension of each Letter of Credit the 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 $100,000,000, (ii) the sum of the Aggregate Revolving Credit Exposure plus the 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 Competitive Loans shall not exceed the Aggregate L/C Revolving Commitment and (iii) the Aggregate Revolving Credit Exposure no Default shall not exceed the Total Revolving Credit Commitmenthave occurred and be continuing.

Appears in 1 contract

Samples: Credit Agreement (Trinity Industries Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the Issuing Bank) to the 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. If requested by the Issuing Bank, the Borrower also shall submit a letter of credit application on 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, if (and upon issuance, amendment, renewal or extension of each Letter of Credit the 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 $150,000,000, (ii) the sum of the total Revolving Credit Exposures plus the 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 Competitive Loans shall not exceed the Aggregate L/C Commitment and total Commitments, (iii) no more than twenty (20) Letters of Credit shall be outstanding, and (iv) the Aggregate Revolving face amount of the subject Letter of Credit Exposure shall not exceed be less than $50,000. Promptly upon the Total Revolving Credit Commitmentissuance, increase or extension of a Letter of Credit, the Administrative Agent shall advise each Lender of the details thereof.

Appears in 1 contract

Samples: Credit Agreement (Weingarten Realty Investors /Tx/)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the Issuing Bank) to the 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof this Section), the amount Dollar Amount of such Letter of Credit, the Agreed Currency applicable thereto, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare prepare, amend, renew or extend such Letter of Credit. If requested by the Issuing Bank, the Borrower also shall submit a letter of credit application on 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, if (and upon issuance, amendment, renewal or extension of each Letter of Credit the Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the aggregate principal amount Dollar Amount of outstanding Letters the sum of Credit issued by any Issuing Bank the LC Exposure shall not exceed such Issuing Bank’s L/C Commitment, $25,000,000 and (ii) the L/C Exposure total Revolving Credit Exposures shall not exceed the Aggregate L/C Commitment and (iii) the Aggregate Revolving Credit Exposure shall not exceed the Total Revolving Credit Commitment.

Appears in 1 contract

Samples: Credit Agreement (Heidrick & Struggles International Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall deliver by hand deliver or fax facsimile (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable Issuing Bank) to the an 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. If requested by the applicable Issuing Bank, the 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 Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the aggregate principal LC Exposure shall not exceed the Commitments, (ii) the amount of outstanding the LC Exposure attributable to Letters of Credit issued by any the applicable Issuing Bank shall not exceed such Issuing Bank’s L/C Commitment, (ii) the L/C Exposure shall will not exceed the Aggregate L/C LC Commitment of such Issuing Bank and (iii) the Aggregate Revolving Credit Exposure shall not exceed the Total Revolving Credit Commitment.lesser of (x) total Commitments and (y)

Appears in 1 contract

Samples: Credit Agreement (Sunoco Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the Issuing Bank) to the 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. If requested by the Issuing Bank, the Borrower also shall submit a letter of credit application on 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 by the Issuing Bank in its sole discretion and only if, if (and upon issuance, amendment, renewal or extension of each Letter of Credit the Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the aggregate principal amount of outstanding Letters of Credit issued by any Issuing Bank the LC Exposure shall not exceed such Issuing Bank’s L/C Commitment$5,000,000, (ii) the L/C no Lender’s Revolving Credit Exposure shall not exceed the Aggregate L/C Commitment its Commitment, and (iii) the Aggregate Total Revolving Credit Exposure shall not exceed the Total Revolving Credit Aggregate Commitment.

Appears in 1 contract

Samples: Credit Agreement (Eagle Pharmaceuticals, Inc.)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the a Borrower shall hand deliver or fax telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the Issuing Bank) to the 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such 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 Borrower Borrowers shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the aggregate principal amount of outstanding Letters of Credit issued by any Issuing Bank LC Exposure shall not exceed such Issuing Bank’s L/C Commitment$75,000,000, (ii) the L/C Unrestricted Subsidiary LC Exposure shall not exceed the Aggregate L/C Commitment $10,000,000 and (iii) the Aggregate Revolving Credit Exposure total Exposures shall not exceed the Total Revolving total Commitments. On and after the Initial Borrowing Availability Date, the Existing Letters of Credit Commitmentshall be deemed to be Letters of Credit issued under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Freeport McMoran Copper & Gold Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the Issuing Bank) to the 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof this Section 2.17), 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 prepare, amend, renew or extend such Letter of Credit. If requested by the Issuing Bank, the Borrower also shall submit a letter of credit application on 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 Borrower shall be deemed to represent and warrant that, after giving effect to such issuance, amendment, renewal or extension (i) the aggregate principal amount of outstanding Letters of Credit issued by any Issuing Bank LC Exposure shall not exceed such Issuing Bank’s L/C Commitment$50,000,000, and (ii) the L/C Exposure shall not exceed amount of the Aggregate L/C Commitment and (iii) the Aggregate total Outstanding Revolving Credit Exposure Credits shall not exceed the Total Revolving Credit CommitmentCommitments.

Appears in 1 contract

Samples: Credit Agreement (Liberty Media Corp)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax send by telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the Issuing Bank) to the 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. If requested by the Issuing Bank, the Borrower also shall submit a letter of credit application on 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, if (and upon issuance, amendment, renewal or extension of each Letter of Credit the Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the aggregate principal amount of outstanding Letters of Credit issued by any Issuing Bank LC Exposure shall not exceed such Issuing Bank’s L/C Commitment, $100,000,000 and (ii) the L/C Exposure total Credit Exposures shall not exceed the Aggregate L/C Commitment and (iii) total Commitments. Notwithstanding anything herein to the Aggregate Revolving Credit Exposure contrary, the Borrower shall not exceed the Total Revolving Credit Commitmentbe permitted to amend, renew or extend any Existing Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Healthsouth Corp)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the a Borrower shall deliver by hand deliver or fax facsimile (or transmit by other electronic communication, if arrangements for doing so have been approved by the Issuing Bank) to the Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of such issuance, amendment, renewal or extensionextension and no later than 12:00 noon Local Time one Business Day prior to such date) a notice substantially in (with a copy to the form of Exhibit N (or such form as required by such Administrative Agent if not the 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof this Section), the amount and Currency of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare prepare, amend, renew or extend such Letter of Credit, as the case may be. If requested by the Issuing Bank, the applicable Borrower also shall submit a letter of credit application on 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 on the requested date 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 aggregate principal amount of outstanding Letters of Credit issued by any Issuing Bank LC Exposure shall not exceed such Issuing Bank’s the L/C CommitmentSublimit, (ii) the L/C Exposure sum of the total Revolving Credit Exposures shall not exceed the Aggregate L/C Commitment sum total of the Commitments, and (iii) the Aggregate Revolving Credit Exposure requirements of paragraph (c) of this Section shall not exceed the Total Revolving Credit Commitmentbe satisfied.

Appears in 1 contract

Samples: Credit Agreement (Time Warner Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the US Borrower shall hand deliver or fax telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the Letter of Credit Issuer) to the Issuing Bank Letter of Credit Issuer 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit (a "Letter of Credit ---------------- Request"). If requested by the Letter of Credit Issuer, the US Borrower also ------- shall submit a letter of credit application on the Letter of Credit 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, if (and upon issuance, amendment, renewal or extension of each Letter of Credit the US Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the aggregate principal amount of outstanding Letters of Credit issued by any Issuing Bank LC Exposure shall not exceed such Issuing Bank’s L/C Commitment, $50,000,000 and (ii) the L/C Exposure shall not exceed the Aggregate L/C Commitment and (iii) the Aggregate total Revolving Credit Exposure Exposures shall not exceed the Total Revolving Credit Loan Commitment.

Appears in 1 contract

Samples: Credit Agreement (Compass Minerals Group Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the Issuing Bank) to the an Issuing Bank and the Global 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. If requested by the Issuing Bank, the Borrower also shall submit a letter of credit application on 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, if (and upon issuance, amendment, renewal or extension of each Letter of Credit the Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the aggregate principal amount of outstanding Letters of Credit issued by any Issuing Bank LC Exposure shall not exceed such Issuing Bank’s L/C Commitment, U.S.$25,000,000 and (ii) the L/C Exposure shall not exceed the Aggregate L/C Commitment and (iii) the Aggregate Revolving total Credit Exposure shall not exceed the Total lesser of (x) the aggregate Commitments of the Lenders or (y) the U.S. Revolving Credit CommitmentBorrowing Base then in effect.

Appears in 1 contract

Samples: Pledge Agreement (Brown Tom Inc /De)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the Issuing Bank) to the Issuing Bank and the Administrative Agent (reasonably not less than 2 Business Days in advance of the requested date of issuance, amendment, renewal or extension) a notice substantially in letter of credit application on the form of Exhibit N (or such form as required by such Issuing Bank) 's standard form 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, the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such 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 Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension extension, (i) the sum of the total Revolving Credit Exposures plus the aggregate principal amount of outstanding Letters of Credit issued by any Issuing Bank Competitive Loans shall not exceed such Issuing Bank’s L/C Commitment, the total Commitments and (ii) the L/C LC Exposure shall not exceed the Aggregate L/C Commitment and (iii) the Aggregate Revolving Credit Exposure shall not exceed the Total Revolving Credit LC Commitment.

Appears in 1 contract

Samples: Credit Agreement (Health Net Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax 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 substantially in the form of Exhibit N (or such form as required by such Issuing Bank) 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. If requested by an Issuing Bank, the 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 Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension extension, (i) the aggregate principal amount of outstanding Letters of Credit issued by any Issuing Bank shall LC Exposure will not exceed such Issuing Bank’s L/C Commitment, US$25,000,000 and (ii) the L/C Exposure aggregate Revolving Exposures shall not exceed the Aggregate L/C Commitment and (iii) the Aggregate Revolving Credit Exposure shall not exceed the Total Revolving Credit Commitmentaggregate Commitments.

Appears in 1 contract

Samples: Credit Agreement (Symbol Technologies Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable Issuing Bank) to the relevant 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. If requested by an Issuing Bank, the 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 Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the aggregate principal amount of outstanding Letters of Credit issued by any Issuing Bank total LC Exposure shall not exceed such Issuing Bank’s L/C Commitment, $200,000,000 and (ii) the L/C Exposure total Revolving Exposures shall not exceed the Aggregate L/C Commitment lesser of (A) the total Revolving Commitments at such time and (iiiB) an amount equal to the Aggregate Revolving Borrowing Base Amount then in effect minus the aggregate amount of Term Loans outstanding at such time. Notwithstanding anything to the contrary contained in this Agreement, no Existing Letter of Credit Exposure shall not exceed the Total Revolving Credit Commitmentmay be amended, renewed or extended.

Appears in 1 contract

Samples: Credit Agreement (Rite Aid Corp)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amend, renew or extend the Modification of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax 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 issuance or extensionModification) 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 amendedModified, renewed or extended, and specifying the date of issuance, amendment, renewal issuance or extensionModification (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowSection 2.20.3), 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 or Modify such Letter of Credit. If requested by the applicable Issuing Bank, but subject to Section 2.20.1(i) hereof, the 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 issued or extended Modified only if, if (A) after giving effect to such issuance or Modification (and upon issuance, amendment, renewal such issuance or extension of each Letter of Credit Modification the Borrower shall be deemed to represent and warrant that, after giving effect to such issuance, amendment, renewal or extension ) (i) the aggregate principal amount of outstanding Letters of Credit issued by any Issuing Bank LC Exposure shall not exceed such Issuing Bank’s L/C Commitment$100,000,000, (ii) the L/C LC Exposure with respect to Letters of Credit having an expiration date that is after any applicable and effective Extension Date shall not exceed the aggregate Commitments of all Consenting Lenders and Assuming Lenders with respect to such Extension Date and (iii) the Aggregate Outstanding Credit Exposure shall not exceed the Aggregate L/C Commitment and (iiiB) the Aggregate Revolving Credit Exposure Issuing Bank has not received written notice from the Agent, the Required Lenders or the Borrower, at least one Business Day prior to the requested date of issuance or Modification of the applicable Letter of Credit, that one or more applicable conditions contained in Section 4.2 shall not exceed the Total Revolving Credit Commitmentbe satisfied.

Appears in 1 contract

Samples: Credit Agreement (Pinnacle West Capital Corp)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable Issuing Bank) to the relevant 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. If requested by an Issuing Bank, the 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 Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the aggregate principal amount of outstanding Letters of Credit issued by any Issuing Bank total LC Exposure shall not exceed such Issuing Bank’s L/C Commitment, $300,000,000 and (ii) the L/C Exposure total Revolving Exposures shall not exceed the Aggregate L/C Commitment and lesser of (iiiA) the Aggregate Revolving Credit Exposure shall not exceed the Total Revolving Credit Commitment.total Commitments at such time and

Appears in 1 contract

Samples: Credit Agreement (Rite Aid Corp)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the Issuing Bank) to the 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof (which shall not be an Unrestricted Subsidiary) and such other information as shall be necessary to prepare prepare, amend, renew or extend such Letter of Credit. If requested by the Issuing Bank, the Borrower also shall submit a letter of credit application on 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, if (and upon issuance, amendment, renewal or extension of each Letter of Credit the Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the 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 LC Exposure shall not exceed the Aggregate L/C Commitment $200,000,000 and (iiiii) after giving effect to the Aggregate Revolving Credit Exposure issuance, amendment, renewal or extension of such Letter of Credit, Availability shall not exceed the Total Revolving Credit Commitmentbe less than zero.

Appears in 1 contract

Samples: Credit Agreement (Cubic Corp /De/)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax 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 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof this Section), the face amount of such Letter of Credit, the currency in which such Letter of Credit shall be denominated, the name and address of the beneficiary thereof and such other information as shall be reasonably necessary to prepare prepare, amend, renew or extend such Letter of Credit. If requested by the applicable Issuing Bank, the 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 Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension extension, (i) the aggregate principal amount of outstanding Letters of Credit issued by any Issuing Bank LC Exposure shall not exceed such Issuing Bank’s L/C Commitment, $50,000,000 and (ii) the L/C Exposure aggregate Revolving Exposures shall not exceed the Aggregate L/C Commitment and (iii) the Aggregate aggregate Revolving Credit Exposure shall not exceed the Total Revolving Credit CommitmentCommitments.

Appears in 1 contract

Samples: First Lien Credit Agreement (Jda Software Group Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the Issuing Bank) to the 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, the date of issuance, amendment, renewal or extension, the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. If requested by the Issuing Bank, the Borrower also shall submit a letter of credit application on 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, if (and upon issuance, amendment, renewal or extension of each Letter of Credit the Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension extension, (i) the sum of the total Revolving Credit Exposures plus the aggregate principal amount of outstanding Letters of Credit issued by any Issuing Bank Competitive Loans shall not exceed such Issuing Bank’s L/C Commitment, the total Commitments and (ii) the L/C LC Exposure shall not exceed the Aggregate L/C Commitment and (iii) the Aggregate Revolving Credit Exposure shall not exceed the Total Revolving Credit LC Commitment.

Appears in 1 contract

Samples: Credit Agreement (Wellpoint Health Networks Inc /De/)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax facsimile (or transmit by electronic communication, if arrangements for doing so have been approved by the Issuing Bank) to the 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. If requested by the Issuing Bank, the Borrower also shall submit a letter of credit application on 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, if (and upon issuance, amendment, renewal or extension of each Letter of Credit the Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the aggregate principal amount of outstanding Letters of Credit issued by any Issuing Bank LC Exposure shall not exceed such Issuing Bank’s L/C Commitment$30,000,000, (ii) the L/C Standby LC Exposure shall not exceed the Aggregate L/C Commitment $15,000,000 and (iii) the Aggregate total Revolving Credit Exposure Exposures shall not exceed the Total Revolving Credit Commitmentlesser of the Aggregate Commitment and the Borrowing Base.

Appears in 1 contract

Samples: Credit Agreement (Lifetime Brands, Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to request the issuance of a Letter of Credit (or to amend, renew or extend an existing Letter of Credit), the Borrower Polypore shall hand deliver or fax to the 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, the date of issuance, amendment, renewal or extension, the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) below), whether such Letter of Credit shall be issued in Dollars, 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 such Letter of Credit. The Issuing Bank shall promptly (i) notify the Administrative Agent in writing of the amount and expiry date of each Letter of Credit issued by it and (ii) provide a copy of each such Letter of Credit (and any amendments, renewals or extensions thereof) to the Administrative Agent. 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 Borrower Polypore shall be deemed to represent and warrant that, after giving effect to such issuance, amendment, renewal or extension (i) the 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 the Aggregate L/C Commitment $50,000,000 and (iiiii) the Aggregate Revolving Credit Exposure shall not exceed the Total Revolving Credit Commitment.

Appears in 1 contract

Samples: Credit Agreement (Polypore International, Inc.)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Administrative Borrower shall hand deliver or fax telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the Issuing Bank) to the 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowSection 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 prepare, amend, renew or extend such Letter of Credit. If requested by the Issuing Bank, the Administrative Borrower also shall submit a letter of credit application on 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, if (and upon issuance, amendment, renewal or extension of each Letter of Credit the Administrative Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the 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 LC Exposure shall not exceed the Aggregate L/C Commitment Letter of Credit Sublimit and (iiiii) the Aggregate sum of the total Revolving Credit Exposure Exposures shall not exceed the Total aggregate Revolving Credit CommitmentCommitments.

Appears in 1 contract

Samples: Credit Agreement (Stonemor Partners Lp)

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Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the Issuing Bank) to the 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 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. If requested by the Issuing Bank, the Borrower also shall submit a letter of credit application on 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, if (and upon issuance, amendment, renewal or extension of each Letter of Credit the 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 $35,000,000, and (ii) the sum of the total Revolving Credit Exposures plus the 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 Competitive Loans shall not exceed the Aggregate L/C Commitment and (iii) the Aggregate Revolving Credit Exposure shall not exceed the Total Revolving Credit Commitmenttotal Commitments.

Appears in 1 contract

Samples: Credit Facility Agreement (Belo Corp)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the Issuing Bank) to the Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of 46 41 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. If requested by the Issuing Bank, the Borrower also shall submit a letter of credit application on 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, if (and upon issuance, amendment, renewal or extension of each Letter of Credit the Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the aggregate principal amount of outstanding Letters of Credit issued by any Issuing Bank LC Exposure shall not exceed such Issuing Bank’s L/C Commitment, $25,000,000 and (ii) the L/C Exposure total Revolving Exposures shall not exceed the Aggregate L/C Commitment total Revolving Commitments and (iii) prior to the Aggregate General Syndication Date, the Revolving Credit Exposure and the outstanding Tranche A Term Loans shall not exceed the Total Revolving Credit Commitment$75,000,000.

Appears in 1 contract

Samples: Credit Agreement (Corecomm LTD /De/)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower Representative shall hand deliver or fax facsimile (or transmit by electronic communication, if arrangements for doing so have been approved by the Lender) to the Issuing Bank and the Administrative Agent Lender (reasonably in advance of prior to 10:00 am, Chicago time, at least three Business Days prior to 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. If requested by the Lender, the applicable Borrower also shall submit a letter of credit application on 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, if (and upon issuance, amendment, renewal or extension of each Letter of Credit the Borrower Borrowers shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the aggregate principal amount of outstanding Letters of Credit issued by any Issuing Bank LC Exposure shall not exceed such Issuing Bank’s L/C Commitment, $1,500,000 and (ii) the L/C Standby LC Exposure shall not exceed $1,500,000, and (iii) the total Revolving Exposure shall not exceed the Aggregate L/C lesser of the total Revolving Commitment and (iii) the Aggregate Revolving Credit Exposure shall not exceed the Total Revolving Credit CommitmentBorrowing Base.

Appears in 1 contract

Samples: Credit Agreement (Echo Global Logistics, Inc.)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax 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 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. If requested by the Issuing Bank, the Borrower also shall submit a letter of credit application on 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, if (and upon issuance, amendment, renewal or extension of each Letter of Credit the Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the 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 total L/C Exposure shall not exceed $10,000,000, (ii) the Aggregate L/C Commitment Revolving Exposure shall not exceed the total amount of the Commitments, and (iii) the Aggregate Revolving Credit Exposure shall not exceed the Total Revolving Credit CommitmentBorrowing 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. In order to request the issuance of a Letter of Credit (or to amend, renew or extend an existing Letter of Credit), the Borrower shall hand deliver or fax telecopy 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, the date of issuance, amendment, renewal or extension, the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) 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 such 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 Borrower shall be deemed to represent and warrant that, after giving effect to such issuance, amendment, renewal or extension (iA) the LC Exposure shall not exceed $5,000,000 and (B) the Aggregate Revolving Credit Exposure plus the aggregate principal amount of outstanding Letters Competitive Loans plus the amount of Credit issued Loans for which notices have been delivered by any Issuing Bank shall the Borrower but have not exceed such Issuing Bank’s L/C Commitment, (ii) the L/C Exposure shall not exceed the Aggregate L/C Commitment and (iii) the Aggregate Revolving Credit Exposure yet been made shall not exceed the Total Revolving Credit Commitment.

Appears in 1 contract

Samples: Credit Agreement (Oak Industries Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the Issuing Bank) to the 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 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. If requested by the Issuing Bank, the Borrower also shall submit a letter of credit application on 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, if (and upon issuance, amendment, renewal or extension of each Letter of Credit the Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the aggregate principal amount of outstanding Letters of Credit issued by any Issuing Bank LC Exposure shall not exceed such Issuing Bank’s L/C Commitment, $20,000,000 and (ii) the L/C Exposure total Revolving Exposures shall not exceed the Aggregate L/C Commitment and lesser of (iiix) the Aggregate total Revolving Credit Exposure shall not exceed Commitments or (y) the Total Revolving Credit Commitmentthen current Borrowing Base.

Appears in 1 contract

Samples: Credit Agreement (Orion Marine Group Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax 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 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. If requested by the applicable Issuing Bank, the Borrower also shall submit a letter of credit application on 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, if (and upon issuance, amendment, renewal or extension of each Letter of Credit the Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the 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 LC Exposure shall not exceed the Aggregate L/C Commitment excess of $125,000,000 over the aggregate face amount of all outstanding Existing Letters of Credit and (iiiii) the Aggregate total Revolving Credit Exposure Exposures shall not exceed the Total total Revolving Credit CommitmentCommitments.

Appears in 1 contract

Samples: Credit Agreement (Exodus Communications Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a US Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding US Letter of Credit), the a US Borrower shall hand deliver or fax telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the US Issuing Bank) to the US 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 US Letter of Credit, or identifying the US Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extensionextension (which shall be a Business Day), the date on which such US Letter of Credit is to expire (which shall comply with paragraph (c) belowof this Section), the amount of such US Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare prepare, amend, renew or extend such US Letter of Credit. If requested by the US Issuing Bank, the applicable US Borrower also shall submit a letter of credit application on the US Issuing Bank's standard form in connection with any request for a US Letter of Credit. A US Letter of Credit shall be issued, amended, renewed or extended only if, if (and upon issuance, amendment, renewal or extension of each US 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 aggregate principal amount of outstanding Letters of Credit issued by any Issuing Bank US LC Exposure shall not exceed such Issuing Bank’s L/C Commitment, $50,000,000 and (ii) the L/C Exposure total US Revolving Credit Exposures shall not exceed the Aggregate L/C Commitment and (iii) total US Commitments. Notwithstanding anything to the Aggregate Revolving Credit Exposure contrary contained in this Section 2.05, the Company shall not exceed the Total Revolving Credit Commitmentrenew or extend any Existing Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Ikon Office Solutions Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the US Borrower shall hand deliver or fax telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the Issuing Bank) to the 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. If requested by the Issuing Bank, the US Borrower and any other LC Obligor requesting such Letter of Credit also shall submit a letter of credit application on the Issuing Bank’s standard form in connection with any request for a Letter of Credit or such other agreement reasonably requested by the Issuing Bank. 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 US Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the aggregate principal amount Dollar Equivalent of outstanding Letters of Credit issued by any Issuing Bank the LC Exposure shall not exceed such Issuing Bank’s L/C Commitment, $20,000,000 and (ii) the L/C Exposure sum of the Dollar Equivalent of the total Revolving Credit Exposures shall not exceed the Aggregate L/C Commitment and (iii) the Aggregate total Revolving Credit Exposure shall not exceed the Total Revolving Credit CommitmentCommitments.

Appears in 1 contract

Samples: Credit Agreement (Tesco Corp)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by Issuing Bank) to the 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 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. If requested by Issuing Bank, Borrower also shall submit a letter of credit application on 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 Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the aggregate principal amount of outstanding Letters of Credit issued by any Issuing Bank LC Exposure shall not exceed such Issuing Bank’s L/C Commitment$5,000,000, (ii) the L/C no Lender’s Revolving Credit Exposure shall not exceed the Aggregate L/C its Commitment and (iii) the Aggregate sum of the Total Revolving Credit Exposure Exposures shall not exceed the Total Revolving Credit Commitmentlesser of Aggregate Commitments or Available Aggregate Commitments.

Appears in 1 contract

Samples: Lease Agreement (FelCor Lodging Trust Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the Issuing Bank) to the 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 (3) Business Days) 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. If requested by the Issuing Bank, the Borrower also shall submit a letter of credit application on 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, if (and upon issuance, amendment, renewal or extension of each Letter of Credit the Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the aggregate principal amount of outstanding Letters of Credit issued by any Issuing Bank the LC Exposure shall not exceed such Issuing Bank’s L/C Commitment, $150,000,000 and (ii) the L/C Exposure sum of the total Revolving Credit Exposures shall not exceed the Aggregate L/C Commitment and (iii) the Aggregate Revolving Credit Exposure shall not exceed the Total Revolving Credit Commitment.

Appears in 1 contract

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

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to request the issuance of a Letter of Credit (or to amend, renew or extend an existing Letter of Credit), the Borrower shall hand deliver or fax to the thean 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 substantially in the form of Exhibit N (or such form as required by such Issuing Bank) requesting the issuance of a Letter 105 1005940296v112 of Credit, or identifying the Letter of Credit to be amended, renewed or extended, the date of issuance, amendment, renewal or extension, the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) below), 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 such 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 Borrower shall be deemed to represent and warrant that, after giving effect to such issuance, amendment, renewal or extension (i) with regard to any Issuing Bank individually, the aggregate principal amount of outstanding L/C Exposure with respect to Letters of Credit issued by any such Issuing Bank shall not exceed such Issuing Bank’s its respective L/C CommitmentFronting Sublimit, (ii) the L/C Exposure with regard to all Letters of Credit shall not exceed the Aggregate L/C Commitment $50,000,00090,000,000 and (iii) the Aggregate Revolving Credit Exposure shall not exceed the Total Revolving Credit Commitment.

Appears in 1 contract

Samples: Credit Agreement (Warner Music Group Corp.)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the Issuing Bank) to the 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 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. If requested by the Issuing Bank, the Borrower also shall submit a letter of credit application on 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, if (and upon issuance, amendment, renewal or extension of each Letter of Credit the 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 $35,000,000 and (ii) the sum of the total Revolving Credit Exposures plus the 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 Competitive Loans shall not exceed the Aggregate L/C Commitment and (iii) the Aggregate Revolving Credit Exposure shall not exceed the Total Revolving Credit Commitmenttotal Commitments.

Appears in 1 contract

Samples: Credit Agreement (Belo Corp)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax facsimile (or transmit by electronic communication, if arrangements for doing so have been approved by the Issuing Bank) to the Issuing Bank and the Administrative Agent (reasonably in advance of prior to 9:00 am, New York time, at least three Business Days prior to 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. If requested by the Issuing Bank, the Borrower also shall submit a letter of credit application on 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, if (and upon issuance, amendment, renewal or extension of each Letter of Credit the Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension extension, (i) the aggregate principal amount of outstanding Letters of Credit issued by any Issuing Bank LC Exposure shall not exceed such Issuing Bank’s L/C Commitment, $5,000,000 and (ii) the L/C Exposure aggregate Revolving Exposures of all Lenders shall not exceed the Aggregate L/C Commitment and (iii) the Aggregate aggregate Revolving Credit Exposure shall not exceed the Total Revolving Credit CommitmentCommitments of all Lenders.

Appears in 1 contract

Samples: Credit Agreement (Virtusa Corp)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amend, renew the amendment or extend extension of an existing outstanding Letter of Credit), the applicable Borrower shall hand deliver or fax telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the Issuing Bank) to the Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal amendment 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 amended or extended, and specifying the date of issuance, amendment, renewal amendment or extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof this Section), the amount of such Letter of Credit, the Agreed Currency applicable thereto, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare prepare, amend, renew or extend such Letter of Credit. If requested by the Issuing Bank, the applicable Borrower also shall submit a Letter of Credit Application in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed amended or extended only if, if (and upon issuance, amendment, renewal amendment or extension of each Letter of Credit the each Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal amendment or extension (i) the aggregate principal amount Dollar Amount of outstanding Letters of Credit issued by any Issuing Bank the LC Exposure shall not exceed such Issuing Bank’s L/C Commitment$75,000,000, (ii) subject to Section 2.04, the L/C Exposure total Revolving Credit Exposures shall not exceed the Aggregate L/C Commitment and (iii) subject to Section 2.04, the Aggregate Dollar Amount of the sum of the total outstanding Revolving Credit Exposure Loans and LC Exposure, in each case denominated in Foreign Currencies, shall not exceed the Total Revolving Credit CommitmentForeign Currency Sublimit.

Appears in 1 contract

Samples: Credit Agreement (International Rectifier Corp /De/)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the L/C Issuer) to the Issuing Bank L/C Issuer 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. If requested by the L/C Issuer, the Borrower also shall submit a Letter of Credit Application 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 Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the 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 the Aggregate L/C Commitment $50,000,000 and (iiiii) the Aggregate Revolving Credit Exposure shall not exceed the Total Revolving Credit Aggregate Commitment.. CONCHO AMENDED AND RESTATED CREDIT AGREEMENT

Appears in 1 contract

Samples: Credit Agreement (Concho Resources Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax (or transmit through Electronic System, if arrangements for doing so have been approved by the Lender) to the 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 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof this Section), the amount and currency of such Letter of Credit, the name and address of the beneficiary thereof thereof, and such other information as shall be necessary to prepare prepare, amend, renew or extend such Letter of Credit. If requested by the Lender, the Borrower also shall submit a letter of credit application on 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, if (and upon issuance, amendment, renewal or extension of each Letter of Credit the Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the aggregate principal amount of outstanding Letters of Credit issued by any Issuing Bank LC Exposure shall not exceed such Issuing Bank’s L/C Commitment$10,000,000,20,000,000, (ii) the L/C Standby LC Exposure shall not exceed $10,000,000,20,000,000, (iii) the Commercial LC Exposure shall not exceed $10,000,00020,000,000 and (iv) the Revolving Exposure shall not exceed the Aggregate L/C Commitment and (iii) the Aggregate Revolving Credit Exposure shall not exceed the Total Revolving Credit Commitment.. ​

Appears in 1 contract

Samples: Credit Agreement (Axon Enterprise, Inc.)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower Representative shall hand deliver via electronic mail or fax facsimile to the Issuing Bank that it may request issue the applicable Letter of Credit 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 written Issuance Request. Each 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, the date of issuance, amendment, renewal or extension, written Issuance Request shall specify the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. A It is understood that the reinstatement of all or a portion of a Letter of Credit in accordance with the terms thereof following a drawing thereunder shall be issued, amended, renewed or extended only if, and upon issuance, not constitute an amendment, renewal or extension of each 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. No Issuing Bank shall agree to issue, amend, renew or extend a Letter of Credit the Borrower shall be deemed to represent and warrant thatif, after giving effect to such issuance, amendment, renewal or extension (i) the aggregate principal amount of outstanding Letters of Credit issued by any Issuing Bank LC Exposure shall not exceed such Issuing Bank’s L/C Commitment$125,000,000, (ii) the L/C Aggregate Revolving Exposure shall not exceed the Aggregate L/C Commitment lesser of the aggregate Revolving Commitments and the Borrowing Base, or (iii) the Aggregate Revolving Credit Exposure shall conditions set forth in Section 4.02 have not exceed the Total Revolving Credit Commitmentbeen satisfied.

Appears in 1 contract

Samples: Credit Agreement (Pilgrims Pride Corp)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax telecopy to the 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. If requested by the Issuing Bank, the Borrower also shall submit a letter of credit application on the Issuing Bank's standard 191 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 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 $25,000,000 and (ii) the sum of the total Revolving Credit Exposures plus the 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 the Aggregate L/C Commitment and (iii) the Aggregate Revolving Credit Exposure shall Competitive Loans will not exceed the Total Revolving Credit CommitmentCommitment minus the Dollar Equivalent of any amounts due under any outstanding Scheduled Loans.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Dentsply International Inc /De/)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower Representative shall hand deliver or fax telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the Issuing Bank) to the 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. If requested by the Issuing Bank, the Borrower Representative also shall submit a letter of credit application on 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 by the Issuing Bank only if, if (and upon issuance, amendment, renewal or extension of each Letter of Credit the each Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the aggregate principal amount of outstanding Letters of Credit issued by any Issuing Bank LC Exposure shall not exceed such Issuing Bank’s L/C Commitmentthe Dollar Equivalent of $15,000,000, (ii) the L/C Exposure sum of the total Multicurrency Tranche Revolving Credit Exposures shall not exceed the Aggregate L/C Commitment and total Multicurrency Tranche Commitments, (iii) the Aggregate Dollar Equivalent of the aggregate amount of all Loans and Letters of Credit denominated in a Foreign Currency shall not exceed $75,000,000 and (iv) the sum of the total Revolving Credit Exposure Exposures shall not exceed the Total Revolving Credit Commitmenttotal Commitments.

Appears in 1 contract

Samples: Credit Agreement (Argo Group International Holdings, Ltd.)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower Company shall hand deliver or fax 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 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. If requested by the applicable Issuing Bank, the Company 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 Borrower Company shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the aggregate principal amount Dollar Equivalent of outstanding Letters of Credit issued by any Issuing Bank the LC Exposure shall not exceed such Issuing Bank’s L/C Commitment$75,000,000, (ii) the L/C Exposure sum of the total Revolving Credit Exposures shall not exceed the Aggregate L/C Commitment and total Commitments, (iii) the Aggregate Dollar Equivalent of the aggregate outstanding principal amount of all Revolving Credit Exposure of all Lenders relative to all Subsidiary Borrowers shall not exceed $200,000,000 and (iv) the Total Dollar Equivalent of the aggregate amount of all Revolving Loans and Letters of Credit Commitmentdenominated in Foreign Currencies shall not exceed $200,000,000.

Appears in 1 contract

Samples: Credit Agreement (Molex Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to (i) To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable Issuing Bank) to the such Issuing Bank and the Administrative Agent (reasonably two Business Days 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. If requested by the applicable Issuing Bank, the 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 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 $50,000,000 and (ii) the sum of the total Revolving Credit Exposures plus the 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 Competitive Loans shall not exceed the Aggregate L/C Commitment and (iii) the Aggregate Revolving Credit Exposure shall not exceed the Total Revolving Credit Commitmenttotal Commitments.

Appears in 1 contract

Samples: Credit Agreement (Arch Chemicals Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the relevant Issuing Bank) to the an 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. If requested by such Issuing Bank, the 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 Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the aggregate principal amount of outstanding Letters of Credit issued by any Issuing Bank shall not exceed such Issuing Bank’s L/C Commitmentextension, (ii) the L/C Exposure shall not exceed the Aggregate L/C Commitment and (iiia) the Aggregate Revolving Credit Exposure shall not exceed the Total Revolving lesser of the total Commitments of the Lenders and the Borrowing Base then in effect, (b) the LC Exposure shall not exceed $75,000,000 at such time and (c) the aggregate amount available to be drawn under all outstanding standby Letters of Credit Commitmentshall not exceed $10,000,000 at such time.

Appears in 1 contract

Samples: Credit Agreement (Pacific Sunwear of California Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax facsimile (or transmit by electronic communication, if arrangements for doing so have been approved by the Issuing Bank) to the Issuing Bank and the Administrative DIP 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. If requested by the Issuing Bank, the Borrower also shall submit a letter of credit application on the Issuing Bank's standard form in connection with any request for a Letter of Credit (herein, a "LC Application"). 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 Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the aggregate principal amount of outstanding Letters of Credit issued by any Issuing Bank LC Exposure shall not exceed such Issuing Bank’s L/C Commitment, $5,000,000 and (ii) the L/C Exposure total DIP Exposures shall not exceed the Aggregate L/C Commitment lesser of the total DIP Commitments and (iii) the Aggregate Revolving Credit Exposure shall not exceed the Total Revolving Credit CommitmentAvailable Borrowing Base at such time.

Appears in 1 contract

Samples: Daisy Parts Inc

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the Issuing Bank) to the 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof this Section), the amount Dollar Amount of such Letter of Credit, the Agreed Currency applicable thereto, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare prepare, amend, renew or extend such Letter of Credit. If requested by the Issuing Bank, the Borrower also shall submit a letter of credit application on 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, if (and upon issuance, amendment, renewal or extension of each Letter of Credit the Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the aggregate principal amount Dollar Amount of outstanding Letters the sum of Credit issued by any Issuing Bank the LC Exposure shall not exceed such Issuing Bank’s L/C Commitment, $15,000,000 and (ii) the L/C Exposure total Revolving Credit Exposures shall not exceed the Aggregate L/C Commitment and (iii) the Aggregate Revolving Credit Exposure shall not exceed the Total Revolving Credit Commitmenttotal Commitments.

Appears in 1 contract

Samples: Credit Agreement (Heidrick & Struggles International Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the applicable Borrower shall hand deliver or fax (including by electronic communication, if arrangements for doing so have been approved by the relevant Issuing Bank) to the relevant 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 (3) Business Days unless the Administrative Agent and such Issuing Bank shall otherwise agree) a written notice substantially pursuant to, and in the form of Exhibit N (or such form as required by such Issuing Bank) accordance with, Section 9.01 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof this Section), the amount of such Letter of Credit, the Agreed Currency applicable thereto, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare prepare, amend, renew or extend such Letter of Credit. If requested by 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, 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) subject to Sections 2.04 and 2.11(b), the Dollar Amount of the LC Exposure shall not exceed the sum of the total Applicable LC Sublimits of all of the Issuing Banks, (ii) subject to Sections 2.04 and 2.11(b), the Dollar Amount of the Total Revolving Credit Exposures shall not exceed the aggregate principal Revolving Commitments, (iii) subject to Sections 2.04 and 2.11(b), the Dollar Amount of each Lender’s Revolving Credit Exposure shall not exceed such Lender’s Revolving Commitment and (iv) subject to Sections 2.04 and 2.11(b), the Dollar Amount of the aggregate face amount of outstanding all Letters of Credit issued and then outstanding by any Issuing Bank shall not exceed such Issuing Bank’s L/C Commitment, (ii) the L/C Exposure shall not exceed the Aggregate L/C Commitment and (iii) the Aggregate Revolving Credit Exposure shall not exceed the Total Revolving Credit CommitmentApplicable LC Sublimit.

Appears in 1 contract

Samples: Credit Agreement (Hillenbrand, Inc.)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax (or transmit by other electronic communication if arrangements for doing so have been approved by the Issuer) to the Issuing Bank Issuer and the Administrative Agent (reasonably at least three Business Days 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) an Issuance Request requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, the date of issuance, amendment, renewal or extension, the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) below------------- of this Section), the stated amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare prepare, amend, renew or extend such Letter of Credit. The Borrower also shall submit a letter of credit application on the 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 Borrower shall be deemed to represent and warrant that, after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure for all Letters of Credit then outstanding shall not exceed $2,000,000 and (ii) the sum of the aggregate principal amount of the Working Capital Loans then outstanding Letters of Credit issued by any Issuing Bank shall not exceed such Issuing Bank’s L/C Commitment, (ii) and the L/C LC Exposure shall not exceed the Aggregate L/C Commitment and (iii) the Aggregate Revolving Credit Exposure shall not exceed the Total Revolving Credit Commitmenttotal Working Capital Loan Commitments.

Appears in 1 contract

Samples: Credit Agreement (Globenet Communications Group LTD)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower Representative shall deliver by hand deliver or fax facsimile (or transmit by electronic communication, if arrangements for doing so have been approved by the Lender) to the Issuing Bank and the Administrative Agent Lender (reasonably in advance of prior to 9:00 am, Chicago time, at least three (3) Business Days prior to 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. If requested by the Lender, the applicable Borrower also shall submit a letter of credit application on 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, if (and upon issuance, amendment, renewal or extension of each Letter of Credit the Borrower Borrowers shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the aggregate principal amount of outstanding Letters of Credit issued by any Issuing Bank LC Exposure shall not exceed such Issuing Bank’s L/C Commitment$2,500,000, (ii) the L/C Standby LC Exposure shall not exceed $500,000, and (iii) the Revolving Exposure shall not exceed the Aggregate L/C lesser of the Revolving Commitment and (iii) the Aggregate Revolving Credit Exposure shall not exceed the Total Revolving Credit CommitmentBorrowing Base.

Appears in 1 contract

Samples: Credit Agreement (Par Technology Corp)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax 37 32 telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the Issuing Bank) to the 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. If requested by the Issuing Bank, the Borrower also shall submit a letter of credit application on 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, if (and upon issuance, amendment, renewal or extension of each Letter of Credit the Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the aggregate principal amount of outstanding Letters of Credit issued by any Issuing Bank LC Exposure shall not exceed such Issuing Bank’s L/C Commitment, $10,000,000 and (ii) the L/C Exposure total Revolving Exposures shall not exceed the Aggregate L/C Commitment lesser of the total Revolving Commitments and (iii) the Aggregate Revolving Credit Exposure shall not exceed the Total Revolving Credit CommitmentBorrowing Base then in effect.

Appears in 1 contract

Samples: Credit Agreement (Ixl Enterprises Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable Issuing Bank) to the relevant 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. If requested by an Issuing Bank, the 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 Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the aggregate principal amount of outstanding Letters of Credit issued by any Issuing Bank total LC Exposure shall not exceed such Issuing Bank’s L/C Commitment, $300,000,000 and (ii) the L/C Exposure total Revolving Exposures shall not exceed the Aggregate L/C Commitment lesser of (A) the total Revolving Commitments at such time and (iiiB) an amount equal to the Aggregate Revolving Borrowing Base Amount then in effect minus the aggregate amount of Term Loans outstanding at such time. Notwithstanding anything to the contrary contained in this Agreement, no Existing Letter of Credit Exposure shall not exceed the Total Revolving Credit Commitmentmay be amended, renewed or extended.

Appears in 1 contract

Samples: Credit Agreement (Rite Aid Corp)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the US Borrower shall hand deliver or fax telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the Issuing Bank) to the 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. If requested by the Issuing Bank, the US Borrower and any other LC Obligor requesting such Letter of Credit also shall submit a letter of credit application on the Issuing Bank's standard form in connection with any request for a Letter of Credit or such other agreement reasonably requested by the Issuing Bank. 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 US Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the aggregate principal amount Dollar Equivalent of outstanding Letters of Credit issued by any Issuing Bank the LC Exposure shall not exceed such Issuing Bank’s L/C Commitment, $50,000,000 and (ii) the L/C Exposure sum of the Dollar Equivalent of the total Revolving Credit Exposures shall not exceed the Aggregate L/C Commitment and (iii) the Aggregate Revolving Credit Exposure shall not exceed the Total Revolving Credit Commitmenttotal Commitments.

Appears in 1 contract

Samples: Credit Agreement (Tesco Corp)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amend, renew or extend an existing Letter of Credit), the Borrower shall hand deliver or fax to the 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, Parent shall hand deliver or identifying telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable Issuing Bank) to the applicable Issuing Bank, with a copy to the Administrative Agent at least two Business Days (or such shorter period agreed to by the Issuing Bank) in advance of the requested date of issuance a request in the form of Exhibit B-2 (a “Request to Issue”) for the issuance of a Letter of Credit. If requested by the applicable Issuing Bank, Parent 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 to be amended, renewed or extendedand in the event of any inconsistency between the terms and conditions of this Agreement and the terms and conditions of any such form of letter of credit application, the date terms and conditions of issuance, amendment, renewal or extension, the date on which such Letter of Credit is to expire (which this Agreement shall comply with paragraph (c) 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 such Letter of Creditcontrol. 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 Borrower shall be deemed to represent and warrant that, if after giving effect to such issuance, amendment, renewal or extension thereto (i) the 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 Revolving L/C Exposure shall not exceed the Aggregate L/C Commitment and $25.0 million, (iiiii) the Aggregate Revolving Facility Credit Exposure shall not exceed the Total total Revolving Facility Commitments and (iii) the aggregate Revolving Facility Credit CommitmentExposure with respect to any Revolving Borrower shall not exceed the Maximum Credit Limit for such Revolving Borrower. No Letter of Credit shall be issued, increased in stated amount, or renewed or extended without the prior consent of the Administrative Agent, such consent to be limited to the question of whether such issuance, increase, renewal or extension is being effected on the terms and conditions of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (New Skies Satellites Holdings Ltd.)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower Company shall hand deliver or fax 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 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. If requested by the applicable Issuing Bank, the Company 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 Borrower Company shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the aggregate principal amount Dollar Equivalent of outstanding Letters of Credit issued by any Issuing Bank the LC Exposure shall not exceed such Issuing Bank’s L/C Commitment$75,000,000, (ii) the L/C Exposure sum of the total Revolving Credit Exposures shall not exceed the Aggregate L/C Commitment and total Commitments, (iii) the Aggregate Dollar Equivalent of the aggregate outstanding principal amount of all Revolving Credit Exposure of all Lenders relative to all Subsidiary Borrowers shall not exceed $300,000,000 and (iv) the Total Dollar Equivalent of the aggregate amount of all Revolving Loans and Letters of Credit Commitmentdenominated in Foreign Currencies shall not exceed $300,000,000.

Appears in 1 contract

Samples: Credit Agreement (Molex Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the Issuing Bank) to the 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. If requested by the Issuing Bank, the Borrower also shall submit a letter of credit application on the Issuing Bank's standard form in connection with any request for a Letter of Credit; provided that (a) in the event of any conflict between such application and this Agreement, this Agreement shall control, and (b) any grant of a Lien contained in such application shall be ineffective so long as this Agreement remains in place. 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 Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the aggregate principal amount of outstanding Letters of Credit issued by any Issuing Bank LC Exposure shall not exceed such Issuing Bank’s L/C Commitment, $50,000,000 and (ii) the L/C Exposure total Credit Exposures shall not exceed the Aggregate L/C Commitment and (iii) the Aggregate Revolving Credit Exposure shall not exceed the Total Revolving Credit Commitmenttotal Commitments.

Appears in 1 contract

Samples: Revolving Credit Agreement (Rackspace Hosting, Inc.)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable LC Issuer) to the Issuing Bank an LC Issuer and the Administrative Agent (reasonably at least five Business Days 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 CreditCredit by such LC Issuer, or identifying the Letter of Credit issued by such LC Issuer to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension, the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowSection 2.19(3)), the amount of such Letter of CreditCredit (which shall be denominated in Canadian Dollars or U.S. Dollars only), the name and address of the beneficiary thereof and such other information as shall be necessary to prepare prepare, amend, renew or extend such Letter of Credit. If requested by an LC Issuer, the Borrower also shall submit a letter of credit application on such LC Issuer’s standard form in connection with any request for a Letter of Credit to be issued by such LC Issuer. 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 Credit, the Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension extension, (ia) the 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 LC Exposure shall not exceed the Aggregate L/C Commitment U.S. $100,000,000 and (iiib) the Aggregate aggregate Revolving Credit Exposure Exposures shall not exceed the Total total Revolving Credit CommitmentCommitments.

Appears in 1 contract

Samples: Credit Agreement (Pretium Resources Inc.)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower Parent shall hand deliver or fax telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the Issuing Bank) to the 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 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. If requested by the Issuing Bank, the relevant Borrower also shall submit a letter of credit application on 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, if (and upon issuance, amendment, renewal or extension of each Letter of Credit the Borrower Borrowers shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the aggregate principal amount of outstanding Letters of Credit issued by any Issuing Bank LC Exposure shall not exceed such Issuing Bank’s L/C Commitment, an amount equal to twenty-five percent (25%) of the then current aggregate amount of the Revolving Commitments and (ii) the L/C Exposure total Revolving Exposures shall not exceed the Aggregate L/C Commitment and (iii) the Aggregate total Revolving Credit Exposure shall not exceed the Total Revolving Credit CommitmentCommitments.

Appears in 1 contract

Samples: Credit Agreement (Tetra Technologies Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the Issuing Bank) to the 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph clause (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. If requested by the Issuing Bank, the Borrower also shall submit a letter of credit application on 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, if (and upon issuance, amendment, renewal or extension of each Letter of Credit the Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the 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 LC Exposure shall not exceed the Aggregate L/C $20,000,000 (ii) no Lender’s Revolving Credit Exposure shall exceed its Revolving Commitment and (iii) the Aggregate sum of the Total Revolving Credit Exposure shall not exceed the Total aggregate Revolving Credit CommitmentCommitments.

Appears in 1 contract

Samples: Credit Agreement (Deluxe Corp)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to request the issuance of a Letter of Credit (or to amend, renew or extend an existing Letter of Credit), the Borrower shall hand deliver or fax to the an Issuing Bank and the Administrative Agent (reasonably in advance of at least five Business Days prior to the requested date of 121 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, the date of issuance, amendment, renewal or extension, the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) below), 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 such 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 Borrower shall be deemed to represent and warrant that, after giving effect to such issuance, amendment, renewal or extension (i) with regard to any Issuing Bank individually, the aggregate principal amount of outstanding L/C Exposure with respect to Letters of Credit issued by any such Issuing Bank shall not exceed such Issuing Bank’s its respective L/C CommitmentFronting Sublimit, (ii) the L/C Exposure with regard to all Letters of Credit shall not exceed the Aggregate L/C Commitment $90,000,000 and (iii) the Aggregate Revolving Credit Exposure shall not exceed the Total Revolving Credit Commitment.

Appears in 1 contract

Samples: Credit Agreement (Warner Music Group Corp.)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. In order to To request the issuance of a Letter of Credit (or to amendthe amendment, renew renewal or extend extension of an existing outstanding Letter of Credit), the Borrower shall hand deliver or fax telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the Issuing Bank) to the 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 extensionextension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) belowof 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 prepare, amend, renew or extend such Letter of Credit. If requested by the Issuing Bank, the Borrower also shall submit a letter of credit application on the Issuing Bank's standard form in connection with any request for a Letter of Credit. A Letter of Credit (including, without limitation, any Standby LC) shall be issued, amended, renewed or extended only if, if (and upon issuance, amendment, renewal or extension of each Letter of Credit the Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) extension, the aggregate principal amount of outstanding Letters of Credit issued by any Issuing Bank total Revolving Exposures shall not exceed the total Revolving Commitments. A Standby LC shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of such Issuing Bank’s L/C CommitmentStandby LC the Borrower shall be deemed to represent and warrant that), (ii) after giving effect to such issuance, amendment, renewal or extension, the L/C Standby LC Exposure shall not exceed the Aggregate L/C Commitment and (iii) the Aggregate Revolving Credit Exposure shall not exceed the Total Revolving Credit Commitment$5,000,000.

Appears in 1 contract

Samples: Credit Agreement (J Crew Group Inc)

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