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

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative shall hand deliver or fax (or transmit through Electronic System, if arrangements for doing so have been approved by the Lender) to the Lender (reasonably in advance of the requested date of issuance, amendment, renewal or extension, but in any event no less than three (3) Business Days) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, and such other information as shall be necessary to 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 (and upon issuance, amendment, renewal or extension of each Letter of Credit the Borrowers shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed the LC Sublimit, and (ii) the Revolving Exposure shall not exceed the lesser of the Revolving Commitment and the Borrowing Base.

Appears in 3 contracts

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

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

Appears in 3 contracts

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

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative shall hand deliver or fax send by facsimile (or transmit through Electronic Systemby e‑mail, with attachments thereto, if arrangements for doing so have been approved by the Lenderany, in .pdf format) to the Lender Issuing Bank and the Administrative Agent (reasonably in advance of not later than two Business Days before the requested date of issuance, amendment, renewal or extension, but in any event no less than three (3) Business Days) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the LenderIssuing Bank, the applicable Borrower also shall submit a letter of credit application on the LenderIssuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and and, upon issuance, amendment, renewal or extension of each Letter of Credit Credit, the Borrowers 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, $50,000,000 and (ii) the total Revolving Exposure Credit Exposures shall not exceed the lesser of the total Revolving Commitment and the Borrowing BaseCommitments.

Appears in 3 contracts

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

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative shall hand deliver or fax send by facsimile (or transmit through Electronic Systemby e-mail, with attachments thereto, if arrangements for doing so have been approved by the Lenderany, in .pdf format) to the Lender Issuing Bank and the Administrative Agent (reasonably in advance of not later than two Business Days before the requested date of issuance, amendment, renewal or extension, but in any event no less than three (3) Business Days) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the LenderIssuing Bank, the applicable Borrower also shall submit a letter of credit application on the LenderIssuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and and, upon issuance, amendment, renewal or extension of each Letter of Credit Credit, the Borrowers 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, $25,000,000 and (ii) the total Revolving Exposure Credit Exposures shall not exceed the lesser of the total Revolving Commitment and the Borrowing BaseCommitments.

Appears in 3 contracts

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

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative shall hand deliver or fax facsimile (or transmit through Electronic Systemby electronic communication, if arrangements for doing so have been approved by the Lenderapplicable Issuing Bank) to the Lender applicable Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension, but in any event no less than three (3) Business Days) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the Lenderan Issuing Bank, the applicable Borrower also shall submit a letter of credit application on the Lendersuch 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 Borrowers shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed the LC Sublimit$150,000,000, and (ii) the Revolving Standby LC Exposure shall not exceed $25,000,000, and (iii) the total Credit Exposures shall not exceed the lesser of (x) the aggregate Revolving Commitment and Commitments or (y) the Borrowing Base.

Appears in 3 contracts

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

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

Appears in 2 contracts

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

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the a Borrower Representative shall hand deliver or fax telecopy (or transmit through Electronic Systemby electronic communication, if arrangements for doing so have been approved by the LenderIssuing Bank) to the Lender Issuing Bank and the Administrative Agent (reasonably in advance of of, but not less than five (5) Business Days prior to, the requested date of issuance, amendment, renewal or extension, but in any event no less than three (3) Business Days) a notice in the form of Exhibit C requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this SectionSection 2.06), the amount of such Letter of Credit, the Agreed Currency applicable thereto (subject to compliance with the limitation set forth in Section 2.01(c)(v)), whether such Letter of Credit is a Multicurrency Tranche Letter of Credit or a Dollar Tranche Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the Lender, the applicable A Borrower also shall submit a letter of credit application on the LenderIssuing Bank’s standard form and related documents in connection with any request for a Letter of CreditCredit and in connection with any request for a Letter of Credit to be amended, renewed, modified or extended. A Letter of Credit shall be issued, amended, renewed or extended only (A) if (and upon issuance, amendment, renewal or extension of each Letter of Credit the Borrowers each 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 $50,000,000 (as such amount may be increased from time to time, but not above $75,000,000, with the LC Sublimitconsent of the Administrative Agent (such consent not to be unreasonably withheld) and each Issuing Bank (other than an Issuing Bank solely with respect to Existing Letters of Credit)), and (ii) subject to Sections 2.04 and 2.11(b), the sum of the Dollar Amount of the total Multicurrency Tranche Revolving Credit Exposures shall not exceed the aggregate Multicurrency Tranche Commitments, (iii) the sum of the Dollar Tranche Revolving Credit Exposure shall not exceed the lesser aggregate Dollar Tranche Commitments and (iv) the sum of the total Revolving Commitment Credit Exposures shall not exceed the aggregate Revolving Commitments and (B) in accordance with the Borrowing BaseIssuing Bank’s usual and customary practices from time to time.

Appears in 2 contracts

Samples: Credit Agreement (Endo International PLC), Credit Agreement (Endo International PLC)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the relevant Borrower Representative shall hand deliver or fax telecopy (or transmit through Electronic Systemby electronic communication, if arrangements for doing so have been approved by the Lenderrelevant Issuing Bank) to the Lender 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) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to enable the relevant Issuing Bank to prepare, amend, renew or extend such Letter of Credit. If requested by the Lenderrelevant Issuing Bank, the applicable such Borrower also shall submit a letter of credit application on the Lendersuch Issuing Bank’s standard form in connection with any request for a Letter of Credit. A No Issuing Bank shall be under any obligation to issue, amend, renew or extend any 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 Borrowers shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed the LC Sublimit, and (ii) the Revolving Exposure shall not exceed the lesser of the Revolving Commitment and the Borrowing Base.if:

Appears in 2 contracts

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

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

Appears in 2 contracts

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

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative shall hand deliver or fax send by facsimile (or transmit through Electronic Systemby e‑mail, with attachments thereto, if arrangements for doing so have been approved by the Lenderany, in .pdf format) to the Lender Issuing Bank and the Administrative Agent (reasonably in advance of not later than two Business Days before the requested date of issuance, amendment, renewal or extension, but in any event no less than three (3) Business Days) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the LenderIssuing Bank, the applicable Borrower also shall submit a letter of credit application on the LenderIssuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and and, upon issuance, amendment, renewal or extension of each Letter of Credit Credit, the Borrowers 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, $25,000,000 and (ii) the total Revolving Exposure Credit Exposures shall not exceed the lesser of the total Revolving Commitment and the Borrowing BaseCommitments.

Appears in 2 contracts

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

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

Appears in 2 contracts

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

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

Appears in 2 contracts

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

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative shall hand deliver or fax (or transmit through Electronic System, if arrangements for doing so have been approved by the Lender) to the Lender (reasonably in advance of the requested date of issuance, amendment, renewal or extension, but in any event no less than three (3) Business Days) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, and such other information as shall be necessary to 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 (and upon issuance, amendment, renewal or extension of each Letter of Credit the Borrowers shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed the LC Sublimit, and (ii) the Revolving Exposure shall not exceed the lesser of the Revolving Commitment and the Borrowing BaseCommitment.

Appears in 2 contracts

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

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

Appears in 2 contracts

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

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative shall hand deliver or fax (or transmit through Electronic Systemby electronic communication, if arrangements for doing so have been approved by the Lenderrelevant Issuing Bank) to the Lender 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) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the Lenderan Issuing Bank, the applicable Borrower also shall submit a letter of credit application on the Lendersuch 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 Borrowers 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$7,000,000, and (ii) the Standby LC Exposure shall not exceed $3,000,000 and (iii) the Aggregate Revolving Exposure shall not exceed the lesser of the aggregate Revolving Commitment and the Borrowing BaseCommitments.

Appears in 2 contracts

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

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative shall hand deliver or fax telecopy (or transmit through Electronic Systemby electronic communication, if arrangements for doing so have been approved by the Lenderrespective LC Issuer) to an LC Issuer selected by it and the Lender 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 requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the Lenderrespective LC Issuer, the applicable Borrower also shall submit a letter of credit application on the Lendersuch LC Issuer’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the Borrowers 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 (ii) the total Revolving Exposure shall not exceed the lesser of total Revolving Commitments and (ii) the Revolving Commitment and the Borrowing Basetotal LC Exposure shall not exceed $15,000,000.

Appears in 2 contracts

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

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

Appears in 2 contracts

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

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative shall deliver by hand deliver or fax facsimile (or transmit through Electronic Systemby electronic communication, if arrangements for doing so have been approved by the Lender) to the Lender (reasonably in advance of prior to 9:00 am, Dallas, Texas time, at least two Business Days prior to the requested date of issuance, amendment, renewal or extension, but in any event no less than three (3) Business Days) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the 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 (and upon issuance, amendment, renewal or extension of each Letter of Credit the Borrowers shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed an amount equal to 25% of the LC Sublimit, Commitment then in effect and (ii) the Revolving total Exposure shall not exceed the sum of (A) the lesser of (1) the Revolving Commitment and or (2) the Borrowing Base, minus (B) without duplication, Reserves, minus (C) the Availability Block.

Appears in 2 contracts

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

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative shall deliver by hand deliver or fax facsimile (or transmit through Electronic SystemSystems, if arrangements for doing so have been approved by the Lenderapplicable Issuing Bank) to the Lender (reasonably in advance of Issuing Bank and, as applicable, the Administrative Agent prior to the requested date of issuance, amendment, renewal or extension, but in any event no less than three (3) Business Days) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the Lenderapplicable Issuing Bank, the applicable Borrower Representative (or Borrower) also shall submit a letter of credit application on the LenderIssuing 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 Borrowers 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$15,000,000, and (ii) no Lender’s Revolving Exposure shall exceed its Revolving Commitment and (iii) the Aggregate Revolving Exposure shall not exceed the lesser of the Aggregate Revolving Commitment and the Borrowing Base.

Appears in 1 contract

Samples: Credit Agreement (Systemax Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative shall hand deliver or fax telecopy (or transmit through Electronic Systemelectronic mail, if arrangements for doing so have been approved by the LenderL/C Issuer) to the Lender L/C Issuer and the Administrative Agent (reasonably at least two Business Days 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 Letter of Credit Application requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (cd) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the 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 (and upon issuance, amendment, renewal or extension of each Letter of Credit the Borrowers Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC total Credit Exposure shall not exceed the LC Sublimit, and (ii) the Revolving Exposure shall not exceed the lesser of the Revolving Commitment and the Borrowing Basetotal Commitments.

Appears in 1 contract

Samples: Senior Bridge Letter of Credit Agreement (Tyco International LTD /Ber/)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative shall hand deliver or fax telecopy (or transmit through Electronic Systemby electronic communication, if arrangements for doing so have been reasonably approved by the LenderIssuing Bank) to the Lender 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 requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the LenderIssuing Bank, the applicable Borrower also shall submit a letter of credit application on the Lender’s 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 Borrowers 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, $5,000,000 and (ii) the total Revolving Exposure shall not exceed the lesser total Revolving Commitments. No Letter of Credit (or an amendment to increase the Revolving Commitment face amount of, the renewal of or the extension of an outstanding Letter of Credit) may be requested or issued when any Default or Event of Default has occurred and the Borrowing Baseis continuing.

Appears in 1 contract

Samples: Credit Agreement (Rural Cellular Corp)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of CreditCredit (other than an automatic renewal permitted pursuant to paragraph (k) of this Section)), the Borrower Representative shall hand deliver or fax (or transmit through Electronic System, if arrangements for doing so have been approved by the Lenderelectronic mail) to the Lender 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 requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the requested date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the LenderIssuing Bank, the applicable Borrower also shall submit a letter of credit application on the LenderIssuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each any Letter of Credit the Borrowers 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, $75,000,000 and (ii) the sum of the total Revolving Exposure Credit Exposures shall not exceed the lesser of the Revolving Commitment and the Borrowing Basetotal Commitments.

Appears in 1 contract

Samples: Credit Agreement (Symetra Financial CORP)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative shall hand deliver or fax telecopy (or transmit through Electronic Systemby electronic communication, if arrangements for doing so have been approved by the LenderIssuing Bank and the Administrative Agent) to the Lender Issuing Bank and the Administrative Agent (reasonably at least four (4) Business Days in advance of the requested date of issuance, amendment, renewal or extension, but in any event no less than three (3) Business Days) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day)extension, the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. Each such notice shall be accompanied by an Officer’s Certificate as to pro forma financial covenant compliance required by Section 6.1(i). The Administrative Agent shall provide copies of such notice and Officer’s Certificate to each Lender promptly after receipt thereof. If requested by the LenderIssuing Bank, the applicable Borrower also shall submit a letter of credit application on the LenderIssuing 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 Borrowers 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, $25,000,000 and (ii) the sum of the total Revolving Exposure Credit Exposures shall not exceed the lesser of the Revolving Commitment and the Borrowing Basetotal Commitments at such time.

Appears in 1 contract

Samples: Credit Agreement (Corporate Property Associates 14 Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Revolving Borrower Representative shall hand deliver or fax telecopy (or transmit through Electronic Systemby electronic communication, if arrangements for doing so have been approved by the Lenderapplicable Issuing Bank) to the Lender applicable Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension, but in any event no less than three (3) Business Days) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the LenderIssuing Bank, the applicable Revolving Borrower also shall submit a letter of credit application on the Lendersuch 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 Borrowers Revolving Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) extension, the LC Exposure total Revolving Exposures shall not exceed the LC Sublimittotal Revolving Commitments. Notwithstanding the foregoing, and (ii) the Revolving Exposure Issuing Bank in respect of the Non-Compete Backstop L/C shall not exceed the lesser be required to renew or extend such Letter of the Revolving Commitment and the Borrowing BaseCredit unless such renewal or extension is agreed to by it.

Appears in 1 contract

Samples: Credit Agreement (CHG Healthcare Services, Inc.)

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

Appears in 1 contract

Samples: Credit Agreement (Allete Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative shall hand deliver or fax telecopy (or transmit through Electronic Systemby electronic communication, if arrangements for doing so have been approved by the LenderIssuing Bank) to the Lender Issuing Bank and the Administrative Agent (reasonably at least three Business Days in advance of the requested date of issuance, amendment, renewal or extension, but in any event no less than three (3) Business Days) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the LenderIssuing Bank, the applicable Borrower also shall submit a letter of credit application on the LenderIssuing 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 Borrowers 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, $50,000,000 and (ii) after giving effect to the Revolving Exposure issuance of such Letter of Credit, Availability shall not exceed the lesser of the Revolving Commitment and the Borrowing Basebe less than zero.

Appears in 1 contract

Samples: Revolving Credit Agreement (Usec Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit by any Issuing Bank (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative Company shall hand deliver or fax facsimile (or transmit through Electronic Systemby electronic communication, if arrangements for doing so have been approved by the Lendersuch Issuing Bank) to such Issuing Bank and the Lender 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 requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the Lenderapplicable Issuing Bank, the applicable Borrower Company, Canam or MOCL, as applicable, also shall submit a letter of credit application on the Lendersuch 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 Borrowers 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 the LC Sublimit$500,000,000, and (ii) the Revolving Exposure total Credit Exposures shall not exceed the lesser total Commitments, and (iii) the LC Exposure of the Revolving Commitment and the Borrowing Baseany Issuing Bank shall not exceed its LC Issuance Limit.

Appears in 1 contract

Samples: Credit Agreement (Murphy Oil Corp /De)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative Company shall deliver by hand deliver or fax facsimile (or transmit through Electronic Systemby electronic communication, if arrangements for doing so have been approved by the LenderIssuing Bank) to the Lender Issuing Bank and the Administrative Agent (reasonably in advance of prior to 9:00 am, Dallas time, at least three Business Days prior to the requested date of issuance, amendment, renewal or extension, but in any event no less than three (3) Business Days) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the LenderIssuing Bank, the applicable Borrower Company also shall submit a letter of credit application on the LenderIssuing 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 Borrowers 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 the LC Sublimit$20,000,000, and (ii) the Aggregate Revolving Exposure Exposures shall not exceed the lesser of the Revolving Commitment and the Borrowing Baseaggregate Commitments.

Appears in 1 contract

Samples: Credit Agreement (Furmanite Corp)

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

Appears in 1 contract

Samples: Credit Agreement (Symbol Technologies Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative shall hand deliver or fax facsimile (or transmit through Electronic Systemby electronic communication, if arrangements for doing so have been approved by the LenderIssuing Bank) to the Lender (reasonably in advance of Issuing Bank and the Administrative Agent prior to 12:30 p.m. at least three Business Days prior to the requested date of issuance, amendment, renewal or extension, but in any event no less than three (3) Business Days) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the LenderIssuing Bank, the applicable Borrower also shall submit a letter of credit application on the LenderIssuing 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 Borrowers 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, $125,000,000 and (ii) the total Revolving Exposure shall not exceed the lesser of the total Revolving Commitment Commitments and the Borrowing Base.

Appears in 1 contract

Samples: Revolving Loan Credit Agreement (CDW Corp)

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

Appears in 1 contract

Samples: Credit Agreement (Iowa Telecommunications Services Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative shall hand deliver or fax telecopy (or transmit through Electronic Systemby electronic communication, if arrangements for doing so have been approved by the LenderIssuing Bank) to the Lender 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 requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business DayDay during the Availability Period), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the LenderIssuing Bank, the applicable Borrower also shall submit a letter of credit application on the LenderIssuing Bank’s standard form in connection with any request for a Letter of CreditCredit (each, an “LC Application”). A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the Borrowers 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, $10,000,000 and (ii) the total Revolving Exposure Credit Exposures shall not exceed the lesser of the Revolving Commitment and the Borrowing Basetotal Commitments.

Appears in 1 contract

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

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a New Letter of Credit (or the amendment, renewal or extension of an outstanding New Letter of Credit), the Borrower Representative shall hand deliver or fax telecopy (or transmit through Electronic Systemby electronic communication, if arrangements for doing so have been approved by the LenderIssuing Bank) to the Lender Issuing Bank and the 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 requesting the issuance of a New Letter of Credit, or identifying the New Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such New Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such New Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend such New Letter of Credit. If requested by the LenderIssuing Bank, the applicable Borrower also shall submit a letter of credit application on the Lender’s Issuing Bank's standard form in connection with any request for a New Letter of Credit. A New Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each New Letter of Credit the Borrowers Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the New LC Exposure shall not exceed the LC Sublimit, $1,000,000 and (ii) the sum of the total Revolving Exposure Credit Exposures shall not exceed the lesser of the Maximum Revolving Commitment and Amount or the Borrowing BaseFormula Amount at such time.

Appears in 1 contract

Samples: Credit Agreement (Ivc Industries Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative shall hand deliver or fax telecopy (or transmit through Electronic Systemby electronic communication, if arrangements for doing so have been approved by the LenderIssuing Bank) to any Issuing Bank and the Lender Administrative Agent (reasonably not less than three (3) Business Days 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 notice: (i) requesting the issuance of a Letter of Credit, Credit or identifying the outstanding Letter of Credit issued by such Issuing Bank to be amended, renewed or extended, and ; (ii) specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), ; (iii) specifying the date on which such Letter of Credit is to expire (which shall comply with paragraph Section 2.03); (civ) of this Section), specifying the amount of such Letter of Credit, ; and (v) specifying the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the Lenderany Issuing Bank, the applicable Borrower also shall submit a letter of credit application on the Lendersuch 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 with respect to each notice provided by the Borrower above and any issuance, amendment, renewal or extension of each Letter of Credit Credit, the Borrowers 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 (ii) the Revolving Exposure shall not exceed the lesser of the Revolving Commitment and the Borrowing BaseCommitment.

Appears in 1 contract

Samples: Letter of Credit Facility Agreement (Black Elk Energy Finance Corp.)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative Borrowers shall hand deliver or fax telecopy (or transmit through Electronic Systemby electronic communication, if arrangements for doing so have been approved by the LenderIssuing Bank) to the Lender Issuing Bank and the Administrative Agent (reasonably at least five (5) Business Days in advance of the requested date of issuance, amendment, renewal or extension, but in any event no less than three (3) Business Days) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. Each such notice shall be accompanied by the officer’s certificate required by SECTIONS 4.2(f) and 6.1(e). The Administrative Agent shall promptly advise each Lender of each such notice. If requested by the LenderIssuing Bank, the applicable Borrower Borrowers also shall submit a letter of credit application on the LenderIssuing 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 Borrowers shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed the LC Sublimit, $20,000,000 and (ii) the total Revolving Exposure Credit Exposures shall not exceed the lesser of the Revolving Commitment and the Borrowing Basetotal Commitments.

Appears in 1 contract

Samples: Credit Agreement (FelCor Lodging Trust Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To In order to request the issuance of a Letter of Credit (or the amendmentto amend, renewal renew or extension of extend an outstanding existing Letter of Credit), the applicable Borrower Representative shall hand deliver or fax (or transmit through Electronic System, if arrangements for doing so have been approved by the Lender) telecopy to the Lender applicable Issuing Bank and the Administrative Agent (reasonably three Business Days in advance of the requested date of issuance, amendment, renewal or extension, but in any event no less than three (3) Business Daysor such shorter period as the applicable Borrower, the Administrative Agent and the applicable Issuing Bank shall agree) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day)extension, the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Sectionbelow), the amount and currency (which must be dollars or an Alternative Currency) of such Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend prepare 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 Borrowers applicable Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (iA) the LC L/C Exposure shall not exceed $60,000,000, (B) the Aggregate Revolving Credit Exposure shall not exceed the LC Sublimit, Total Revolving Credit Commitment and (iiC) the Alternative Currency Revolving Credit Exposure with respect to any Alternative Currency shall not exceed the lesser of the Revolving Commitment and the Borrowing Basesublimit for such Alternative Currency set forth in Schedule 2.01(b).

Appears in 1 contract

Samples: Credit Agreement (Terex Corp)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative Borrowers shall hand deliver or fax telecopy (or transmit through Electronic Systemby electronic communication, if arrangements for doing so have been approved by the LenderIssuing Bank) to the Lender Issuing Bank and the Administrative Agent (reasonably at least five (5) Business Days in advance of the requested date of issuance, amendment, renewal or extension, but in any event no less than three (3) Business Days) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. Each such notice shall be accompanied by the officer’s certificate required by SECTIONS 4.2(f) and 6.1(e). The Administrative Agent shall promptly advise each Lender of each such notice. If requested by the LenderIssuing Bank, the applicable Borrower Borrowers also shall submit a letter of credit application on the LenderIssuing 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 Borrowers shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed the LC Sublimit, $10,000,000 and (ii) the total Revolving Exposure Credit Exposures shall not exceed the lesser of the Revolving Commitment and the Borrowing Basetotal Commitments.

Appears in 1 contract

Samples: Credit Agreement (FelCor Lodging Trust Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the applicable Borrower Representative shall hand deliver or fax telecopy (or transmit through Electronic Systemby electronic communication, if arrangements for doing so have been approved by the Lenderapplicable Issuing Bank) to the Lender applicable Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension, but in any event no less than three (3) Business Days) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the Lenderapplicable Issuing Bank, the applicable Borrower also shall submit a letter of credit application on the Lendersuch 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 Borrowers applicable Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed the LC Sublimit, $10,000,000 and (ii) the total Revolving Exposure Credit Exposures shall not exceed the lesser of the Revolving Commitment and the Borrowing Basetotal Commitments.

Appears in 1 contract

Samples: Credit Agreement (Spartan Motors Inc)

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

Appears in 1 contract

Samples: Credit Agreement (Spartan Motors Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative shall hand deliver or fax facsimile (or transmit through Electronic Systemby electronic communication, if arrangements for doing so have been approved by the LenderIssuing Bank) to the Lender Issuing Bank and the Administrative Agent, prior to 9:00 am (reasonably in advance of New York time) on the requested date of issuance, amendment, renewal or extension, but in any event no less than three (3) Business Days) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this SectionSection 2.05(c)), the amount of such Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the LenderIssuing Bank, the applicable Borrower also shall submit a letter of credit application on the LenderIssuing 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 Borrowers 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, $10,000,000 and (ii) the total Revolving Exposure Exposures shall not exceed the lesser of the total Revolving Commitment Commitments and the Borrowing Base.

Appears in 1 contract

Samples: Credit Agreement (Globe Specialty Metals Inc)

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

Appears in 1 contract

Samples: Revolving Credit Agreement (Usec Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative shall hand deliver or fax telecopy (or transmit through Electronic Systemby electronic communication, if arrangements for doing so have been approved by the LenderIssuing Bank) to the Lender Issuing Bank and 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 requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the LenderIssuing Bank, the applicable Borrower also shall submit a letter of credit application on the Lender’s 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 Borrowers 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, $5,000,000 and (ii) the sum of the total Revolving Exposure Credit Exposures shall not exceed the lesser of the Revolving Commitment and the Borrowing BaseAggregate Commitments.

Appears in 1 contract

Samples: Revolving Credit Agreement (FelCor Lodging LP)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative shall hand deliver or fax (or transmit through an Electronic System, if arrangements for doing so have been approved by the Lender) to the Lender (reasonably in advance of the requested date of issuance, amendment, renewal or extension, but in any event no less than three (3) Business Days) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, and such other information as shall be necessary to 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 (and upon issuance, amendment, renewal or extension of each Letter of Credit the Borrowers 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, $15,000,000 and (ii) the Revolving Exposure shall not exceed the lesser Commitment. The Lender shall not be under any obligation to issue any Letter of the Revolving Commitment and the Borrowing Base.Credit if:

Appears in 1 contract

Samples: Credit Agreement (SJW Group)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative shall hand deliver or fax (or transmit through Electronic Systemby electronic communication, if arrangements for doing so have been approved by the LenderIssuing Bank) to the Lender 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 requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the LenderIssuing Bank, the applicable Borrower also shall submit a letter of credit application on the LenderIssuing 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 Borrowers 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, $3,000,000 and (ii) the Revolving Aggregate Credit Exposure shall not exceed the lesser of the Revolving Commitment and the Borrowing Baseaggregate Commitments.

Appears in 1 contract

Samples: Credit Agreement (Natural Grocers by Vitamin Cottage, Inc.)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative shall hand deliver or fax telecopy (or transmit through Electronic Systemby electronic communication, if arrangements for doing so have been approved by the LenderIssuing Bank) to the Lender Issuing Bank and 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 requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph clause (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the LenderIssuing Bank, the applicable Borrower also shall submit a letter of credit application on the LenderIssuing 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 Borrowers 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 (ii) the Revolving Exposure shall not exceed the lesser of the Revolving Commitment and the Borrowing Base$5,000,000.

Appears in 1 contract

Samples: Assignment and Assumption (Electro Rent Corp)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative shall hand deliver or fax (or transmit through Electronic Systemby electronic communication, if arrangements for doing so have been approved by the Lender) to the Lender (reasonably in advance of the requested date of issuance, amendment, renewal or extension, but in any event no less than three (3) Business Days) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, and such other information as shall be necessary to 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 (and upon issuance, amendment, renewal or extension of each Letter of Credit the Borrowers shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed the LC Sublimit, $1,500,000 and (iiiv) the Revolving Exposure shall not exceed the lesser of the Revolving Commitment and the Borrowing Base.

Appears in 1 contract

Samples: Credit Agreement (InfuSystem Holdings, Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a New Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative shall hand deliver or fax facsimile (or transmit through Electronic Systemby electronic communication, if arrangements for doing so have been approved by the LenderIssuing Bank) to the Lender Issuing Bank and the Administrative Agent (reasonably in advance of not later than three Business Days before the requested date of issuance, amendment, renewal or extension, but in any event no less than three (3) Business Days) a notice requesting the issuance of a New Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the LenderIssuing Bank, the applicable Borrower also shall submit a letter of credit application on the Lender’s Issuing Bank's standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and and, upon issuance, amendment, renewal or extension of each Letter of Credit Credit, the Borrowers Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension extension, (i) the LC Exposure shall not exceed the LC Sublimit, $60,000,000 and (ii) the sum of the total Revolving Exposure Credit Exposures of all Lenders plus the outstanding principal balance of all Competitive Bid Loans shall not exceed the lesser of the Revolving Commitment and the Borrowing BaseAggregate Commitments.

Appears in 1 contract

Samples: 364 Day Credit Agreement (Cleco Power LLC)

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

Appears in 1 contract

Samples: Credit Agreement (Symbol Technologies Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative shall deliver by hand deliver or fax facsimile (or transmit through Electronic Systemby electronic communication, if arrangements for doing so have been approved by the LenderIssuing Bank) to the Lender (reasonably in advance of Issuing Bank and the Administrative Agent prior to 9:00 am, New Orleans time, at least three Business Days prior to the requested date of issuance, amendment, renewal or extension, but in any event no less than three (3) Business Days) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the LenderIssuing Bank, the applicable Borrower also shall submit a letter of credit application on the LenderIssuing 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 Borrowers 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 (ii) the Revolving Exposure shall not exceed the lesser of the Revolving Commitment and the Borrowing Base$5,000,000.

Appears in 1 contract

Samples: Credit Agreement (Lapeyre James M Jr)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative Borrowers shall hand deliver or fax telecopy (or transmit through Electronic Systemby other generally accepted electronic communication, if arrangements for doing so have been approved by the LenderIssuing Bank) to the Lender 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 requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the LenderIssuing Bank, the applicable Borrower Borrowers also shall submit a letter of credit application on the Lender’s 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 Borrowers shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure sum of the total Revolving Credit Exposures shall not exceed the LC Sublimit, and (ii) the total Revolving Exposure shall not exceed the lesser of the Revolving Commitment and the Borrowing BaseCredit Commitments.

Appears in 1 contract

Samples: Credit Agreement (Drew Industries Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative shall hand deliver or fax facsimile (or transmit through Electronic Systemby electronic communication, if arrangements for doing so have been approved by the applicable Issuing Lender) to the applicable Issuing Lender and the Administrative Agent (reasonably three Business Days in advance of the requested date of issuance, amendment, renewal or extension, but in any event no less than three (3) Business Days) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this SectionSection 3.3), the amount of such Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the applicable Issuing Lender, the applicable Borrower also shall submit a letter of credit application on the such Issuing Lender’s standard form (it being understood that this Agreement shall govern in the event of any inconsistency between any such application and this Agreement) in connection with any request for the issuance of a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the Borrowers shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed the LC Sublimit, and (ii) the Revolving Exposure shall not exceed the lesser of the Revolving Commitment and the Borrowing Base.49207859.4 ​

Appears in 1 contract

Samples: Credit Agreement (SOUTHERN CALIFORNIA EDISON Co)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an ALLETE Credit Agreement outstanding Letter of Credit), the Borrower Representative shall hand deliver or fax facsimile (or transmit through Electronic Systemby electronic communication, if pursuant to arrangements for doing so have been approved by the Lenderapplicable Issuing Bank) to the Lender applicable Issuing Bank and the Administrative Agent (reasonably in advance of not later than three Business Days before the requested date of issuance, amendment, renewal or extension, but in any event no less than three (3) Business Days) a notice Credit Request requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the Lenderan Issuing Bank, the applicable Borrower also shall submit a letter of credit application on the Lendersuch Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and and, upon issuance, amendment, renewal or extension of each Letter of Credit Credit, the Borrowers Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension extension, (i) the LC Exposure shall not exceed the LC Sublimit, $40,000,000 and (ii) the Revolving Exposure total Credit Exposures shall not exceed the lesser of the Revolving Commitment and the Borrowing Basetotal Commitments.

Appears in 1 contract

Samples: Credit Agreement (Allete Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative shall deliver in writing by hand deliver or fax facsimile (or transmit through Electronic Systemby electronic communication, if arrangements for doing so have been approved by the Lenderrecipient) to the Lender applicable Issuing Bank and the Administrative Agent (reasonably no less than two Business Days in advance of the requested date of issuance, amendment, renewal or extension, but in any event no less than three (3) Business Days) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the currency and amount of such Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the Lenderapplicable Issuing Bank, the applicable Borrower also shall submit a letter of credit application on the Lendersuch 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 Borrowers Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension extension, (i) the LC Exposure shall not exceed the LC Sublimit, $10,000,000 and (ii) the aggregate Revolving Exposure Exposures shall not exceed the lesser of the aggregate Revolving Commitment and the Borrowing BaseCommitments.

Appears in 1 contract

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

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative shall hand deliver or fax facsimile (or transmit through Electronic Systemby electronic communication, if arrangements for doing so have been approved by the LenderIssuing Bank) to the Lender (reasonably in advance of Issuing Bank and the Administrative Agent prior to 12:30 p.m. at least three Business Days prior to the requested date of issuance, amendment, renewal or extension, but in any event no less than three (3) Business Days) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the LenderIssuing Bank, the applicable Borrower also shall submit a letter of credit application on the LenderIssuing 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 Borrowers 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, $100,000,000 and (ii) the total Revolving Exposure Exposures shall not exceed the lesser of the total Revolving Commitment Commitments and the Borrowing Base.

Appears in 1 contract

Samples: Revolving Loan Credit Agreement (CDW Finance Corp)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative shall hand deliver or fax (or transmit through Electronic System, if arrangements for doing so have been approved by the LenderIssuing Bank) to the Lender 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 requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the LenderIn addition, as a condition to any such Letter of Credit issuance, the applicable Borrower also shall have entered into a continuing agreement (or other letter of credit agreement) for the issuance of letters of credit and/or shall submit a letter of credit application on application, in each case, as required by the LenderIssuing Bank and using such Issuing Bank’s standard form in connection with any request for (each, a Letter of CreditCredit Agreement”). 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 Borrowers 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$3,000,000, and (ii) the total Revolving Exposure Exposures shall not exceed the lesser of the total Revolving Commitment and the Borrowing BaseCommitments.

Appears in 1 contract

Samples: Credit Agreement (Potbelly Corp)

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Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative shall hand deliver or fax telecopy (or transmit through Electronic Systemby electronic communication, if arrangements for doing so have been approved by the LenderIssuing Bank) to the Lender applicable Issuing Bank and the Administrative Agent (reasonably at least five Business Days in advance of the requested date of issuance, amendment, renewal or extension, but in any event no less than three (3) Business Days) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the Lendersuch Issuing Bank, the applicable Borrower also shall submit a letter of credit application on the Lendersuch 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 Borrowers 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 The LC Sublimit, Sublimit and (ii) the total Revolving Exposure Exposures shall not exceed the lesser of the Revolving Commitment and the Borrowing Basetotal Commitments.

Appears in 1 contract

Samples: Credit Agreement (Lubys Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. (i) To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative shall hand deliver or fax telecopy (or transmit through Electronic Systemby electronic communication, if arrangements for doing so have been approved by the LenderIssuing Bank) to the Lender 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 requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the LenderIssuing Bank, the applicable Borrower also shall submit a letter of credit application on the LenderIssuing 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 Borrowers Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension extension, (ix) the LC Exposure shall not exceed the LC Sublimit, $10,000,000 and (iiy) the total Revolving Exposure Exposures shall not exceed the lesser of the total Revolving Commitment and the Borrowing BaseCommitments.

Appears in 1 contract

Samples: Credit Agreement (Cumulus Media Inc)

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

Appears in 1 contract

Samples: Credit Agreement (Moneygram International Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the applicable Borrower Representative shall hand deliver or fax telecopy (or transmit through Electronic Systemby electronic communication, if arrangements for doing so have been approved by the Lenderapplicable Issuing Bank) to the Lender applicable Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension, but in any event no less than three (3) Business Days) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the Lenderapplicable Issuing Bank, the applicable Borrower also shall submit a letter of credit application on the Lender’s such Issuing Bank's standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the Borrowers applicable Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed the LC Sublimit, $15,000,000 and (ii) the total Revolving Exposure Credit Exposures shall not exceed the lesser of the Revolving Commitment and the Borrowing Basetotal Commitments.

Appears in 1 contract

Samples: Agreement (Spartan Motors Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative shall hand deliver or fax (or transmit through Electronic System, if arrangements for doing so have been approved by the Lender) electronic mail to the Lender 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 DaysDays or such lesser period to which the Issuing Bank may consent) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the requested date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the LenderIssuing Bank, the applicable Borrower also shall submit a letter of credit application on the LenderIssuing 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 Borrowers 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, $3,000,000 and (ii) the sum of the total Revolving Exposure Credit Exposures shall not exceed the lesser of the Revolving Commitment and the Borrowing Basetotal Commitments.

Appears in 1 contract

Samples: Credit Agreement (Hurco Companies Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative shall hand deliver or fax facsimile (or transmit through Electronic Systemby electronic communication, if arrangements for doing so have been approved by the LenderIssuing Bank) to the Lender Issuing Bank and the Administrative Agent (reasonably in advance of not later than three Business Days before the requested date of issuance, amendment, renewal or extension, but in any event no less than three (3) Business Days) a notice Credit Request requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the LenderIssuing Bank, the applicable Borrower also shall submit a letter of credit application on the Lender’s Issuing Bank's standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and and, upon issuance, amendment, renewal or extension of each Letter of Credit Credit, the Borrowers Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension extension, (i) the LC Exposure shall not exceed the LC Sublimit, $5,000,000 and (ii) the total Revolving Exposure Credit Exposures shall not exceed the lesser of the total Revolving Commitment and the Borrowing BaseCommitments.

Appears in 1 contract

Samples: Credit Agreement (Saga Communications Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative shall hand deliver or fax send by facsimile (or transmit through Electronic Systemby e-mail, with attachments thereto, if arrangements for doing so have been approved by the Lenderany, in .pdf format) to the Lender Issuing Bank and the Administrative Agent (reasonably in advance of not later than two Business Days before the requested date of issuance, amendment, renewal or extension, but in any event no less than three (3) Business Days) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the LenderIssuing Bank, the applicable Borrower also shall submit a letter of credit application on the LenderIssuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and and, upon issuance, amendment, renewal or extension of each Letter of Credit Credit, the Borrowers 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, $50,000,000 and (ii) the total Revolving Exposure Credit Exposures shall not exceed the lesser of the total Revolving Commitment and the Borrowing BaseCommitments.

Appears in 1 contract

Samples: Credit and Guarantee Agreement (General Communication Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative Company shall hand deliver or fax telecopy (or transmit through Electronic Systemby electronic communication, if arrangements for doing so have been approved by the LenderIssuing Bank) to the Lender Issuing Bank and the U.S. Administrative Agent (reasonably three days in advance of the requested date of issuance, amendment, renewal or extension, but in any event no less than three (3) Business Days) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the LenderIssuing Bank, the applicable Borrower Company also shall submit a letter of credit application on the Lender’s 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 Borrowers 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 the LC Sublimit, US$75,000,000 and (ii) the total U.S. Revolving Exposure Credit Exposures shall not exceed the lesser total U.S. Commitments. Notwithstanding the foregoing, the Issuing Bank shall not issue, amend, renew or extend any Letter of the Revolving Commitment Credit if a Default has occurred and the Borrowing Baseis continuing.

Appears in 1 contract

Samples: Credit Agreement (Sysco Corp)

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

Appears in 1 contract

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

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative shall hand deliver or fax facsimile (or transmit through Electronic Systemby electronic communication, if pursuant to arrangements for doing so have been approved by the Lenderapplicable Issuing Bank) to the Lender applicable Issuing Bank and the Administrative Agent (reasonably in advance of not later than three Business Days before the requested date of issuance, amendment, renewal or extension, but in any event no less than three (3) Business Days) a notice Credit Request requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the Lenderan Issuing Bank, the applicable Borrower also shall submit a letter of credit application on the Lendersuch Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and and, upon issuance, amendment, renewal or extension of each Letter of Credit Credit, the Borrowers Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension extension, (i) the LC Exposure shall not exceed the LC Sublimit, $60,000,000 and (ii) the Revolving Exposure total Credit Exposures shall not exceed the lesser of the Revolving Commitment and the Borrowing Basetotal Commitments.

Appears in 1 contract

Samples: Credit Agreement (Allete Inc)

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

Appears in 1 contract

Samples: Credit Agreement (Bisys Group Inc)

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

Appears in 1 contract

Samples: Credit Agreement (Franklin Covey Co)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. (i) To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative shall hand deliver or fax telecopy (or transmit through Electronic Systemby electronic communication, if arrangements for doing so have been approved by the LenderIssuing Bank) to the Lender 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 requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the LenderIssuing Bank, the applicable Borrower also shall submit a letter of credit application on the Lender’s 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 Borrowers Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension extension, (ix) the LC Exposure shall not exceed the LC Sublimit, $10,000,000 and (iiy) the total Revolving Exposure Exposures shall not exceed the lesser of the total Revolving Commitment and the Borrowing BaseCommitments.

Appears in 1 contract

Samples: Credit Agreement (Cumulus Media Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative shall hand deliver or fax facsimile (or transmit through Electronic Systemby electronic communication, if arrangements for doing so have been approved by the Lender) to the Lender (reasonably in advance of prior to 12:00 p.m., Milwaukee time, at least three Business Days prior to the requested date of issuance, amendment, renewal or extension, but in any event no less than three (3) Business Days) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the 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 (and upon issuance, amendment, renewal or extension of each Letter of Credit the Borrowers 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, Letter of Credit Sublimit and (ii) the total Revolving Exposure shall not exceed the lesser of the total Revolving Commitment and the Borrowing Base.

Appears in 1 contract

Samples: Credit Agreement (Koss Corp)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative shall hand deliver or fax (or transmit through Electronic System, if arrangements for doing so have been approved by the Lender) to the Lender (reasonably in advance of the requested date of issuance, amendment, renewal or extension, but in any event no less than three (3) Business Days) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the LenderIn addition, as a condition to any such Letter of Credit issuance, the applicable Borrower also shall have entered into a continuing agreement (or other letter of credit agreement) for the issuance of letters of credit and/or shall submit a letter of credit application on application, in each case, as required by the Lender and using Lender’s standard form in connection with any request for (each, a Letter of CreditCredit Agreement”). 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 Borrowers 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 SublimitRevolving Commitment minus the aggregate outstanding principal amount of the Revolving Exposure, and (ii) the Revolving Exposure shall not exceed the lesser of the Revolving Commitment and the Borrowing BaseCommitment.

Appears in 1 contract

Samples: Credit Agreement (FIGS, Inc.)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative Canco shall hand deliver or fax telecopy (or transmit through Electronic Systemby electronic communication, if arrangements for doing so have been approved by the LenderFacing Agent) to the Lender Facing Agent, the Administrative Agent and the Canadian 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 requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (cb) of this SectionArticle III), 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, amend, renew or extend such Letter of Credit. If requested by the LenderFacing Agent, the applicable Borrower Canco also shall submit a letter of credit application on the Lender’s Facing Agent'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 Borrowers Canco 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, U.S.$50,000,000 and (ii) the Revolving Exposure Credit Utilization shall not exceed the lesser of the aggregate Revolving Commitment and the Borrowing BaseCredit Commitments.

Appears in 1 contract

Samples: Credit Agreement (Stone Container Corp)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative shall hand deliver or fax telecopy (or transmit through Electronic Systemby electronic communication, if arrangements for doing so have been approved by the Lenderrespective LC Issuer) to an LC Issuer selected by it and the Lender 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 requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the Lenderrespective LC Issuer, the applicable Borrower also shall submit a letter of credit application on the Lendersuch LC Issuer’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the Borrowers 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 (ii) the total Revolving Exposure shall not exceed the lesser of total Revolving Commitments and (ii) the Revolving Commitment and the Borrowing Basetotal LC Exposure shall not exceed $25,000,000.

Appears in 1 contract

Samples: Credit Agreement (Alaska Communications Systems Group Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative shall deliver by hand deliver or fax facsimile (or transmit through Electronic Systemby electronic communication, if arrangements for doing so have been approved by the LenderIssuing Bank) to the Lender (reasonably in advance of Issuing Bank and the Administrative Agent prior to 9:00 am, New Orleans time, at least three Business Days prior to the requested date of issuance, amendment, renewal or extension, but in any event no less than three (3) Business Days) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested request d by the LenderIssuing Bank, the applicable Borrower also shall submit a letter of credit application on the LenderIssuing 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 Borrowers 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 (ii) the Revolving Exposure shall not exceed the lesser of the Revolving Commitment and the Borrowing Base$5,000,000.

Appears in 1 contract

Samples: Credit Agreement (Lapeyre James M Jr)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative shall hand deliver or fax (or transmit through Electronic Systemby electronic communication, if arrangements for doing so have been approved by the Lender) to the Lender (reasonably in advance of the requested date of issuance, amendment, renewal or extension, but in any event no less than three (3) Business Days) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, and such other information as shall be necessary to 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 (and upon issuance, amendment, renewal or extension of each Letter of Credit the Borrowers shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension the (i) the LC Exposure shall not exceed the LC Sublimit, $500,000.00 and (ii) the Revolving Exposure shall not exceed the lesser of the Revolving Commitment and the Borrowing BaseCommitment.

Appears in 1 contract

Samples: Credit Agreement (Scotts Liquid Gold Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative shall deliver by hand deliver or fax facsimile (or transmit through Electronic Systemby electronic communication, if arrangements for doing so have been approved by the Lender) to the Lender (reasonably in advance of the requested date of issuance, amendment, renewal or extensionof, but in any event no less than three (3) Business DaysDays prior to the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to 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 (and upon issuance, amendment, renewal or extension of each Letter of Credit the Borrowers 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 Sublimitextension, and (ii) the Revolving Exposure shall not exceed the lesser of (i) the Revolving Commitment and (ii) the Borrowing Base.

Appears in 1 contract

Samples: Credit Agreement (IntraLinks Holdings, Inc.)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative shall hand deliver or fax facsimile (or transmit through Electronic Systemby electronic communication, if arrangements for doing so have been approved by the LenderIssuing Bank) to the Lender Issuing Bank and the Administrative Agent (reasonably in advance of not later than three Business Days before the requested date of issuance, amendment, renewal or extension, but in any event no less than three (3) Business Days) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the LenderIssuing Bank, the applicable Borrower also shall submit a letter of credit application on the LenderIssuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and and, upon issuance, amendment, renewal or extension of each Letter of Credit Credit, the Borrowers 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, $50,000,000 and (ii) the total Revolving Exposure Credit Exposures shall not exceed the lesser of the total Revolving Commitment and the Borrowing BaseCommitments.

Appears in 1 contract

Samples: Credit Agreement (Insight Communications Co Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative shall deliver by hand deliver or fax facsimile (or transmit through Electronic System, if arrangements for doing so have been approved by the Lender) to the Lender (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, but in any event no less than three (3) Business Days) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the 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 (and upon issuance, amendment, renewal or extension of each Letter of Credit the Borrowers shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed the LC Sublimit, Exposure Amount and (ii) the Revolving Exposure shall not exceed the lesser of (x) the Revolving Commitment Commitment, minus the Availability Block, if applicable, and (y) the Borrowing Base.

Appears in 1 contract

Samples: Credit Agreement (Skyline Corp)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative Company shall hand deliver or fax facsimile (or transmit through Electronic Systemby electronic communication, if arrangements for doing so have been approved by the LenderIssuing Bank) to the Lender 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 requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the relevant account party, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the LenderIssuing Bank, the applicable Borrower Company also shall submit a letter of credit application on the LenderIssuing 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 Borrowers Company shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the amount of the LC Exposure shall not exceed the LC Sublimit, $50,000,000 and (ii) subject to Section 2.04, the total Revolving Exposure Credit Exposures shall not exceed the lesser of the Aggregate Revolving Commitment and the Borrowing BaseCommitment.

Appears in 1 contract

Samples: Credit Agreement (Central Garden & Pet Co)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative shall hand deliver or fax (or transmit through Electronic System, if arrangements for doing so have been approved by the Lender) provide to the Lender Issuing Bank and the Administrative Agent a Letter of Credit request not less than five (reasonably 5) Business Days in advance of ​ ​ ​ the requested date of issuance, amendment, renewal or extensionextension unless otherwise consented to by the Issuing Bank by facsimile, but in any event no less than three or via PDF copy sent by email: (3i) Business Days) a notice requesting the issuance of a Letter of Credit, Credit or identifying the Letter of Credit to be amended, renewed or extended, and (ii) specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), (iii) specifying the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this SectionSection 2.07(c)), (iv) specifying the amount of such Letter of Credit, (v) specifying the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit, and (vi) specifying such other information as is reasonably requested by the Issuing Bank in accordance with its practices for issuing (or amended, renewing or extending) Letters of Credit. Each notice shall constitute a representation that, after giving effect to the requested issuance, amendment, renewal or extension, as applicable, the LC Exposure shall not exceed the LC Commitment on the date of such issuance, amendment, renewal or extension. If requested by the LenderIssuing Bank, the applicable Borrower also shall submit a letter of credit application on the LenderIssuing 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 Borrowers shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed the LC Sublimit, and (ii) the Revolving Exposure shall not exceed the lesser of the Revolving Commitment and the Borrowing Base.

Appears in 1 contract

Samples: Senior Secured Credit Agreement (Battalion Oil Corp)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative shall hand deliver or fax telecopy (or transmit through Electronic Systemby electronic communication, if arrangements for doing so have been approved by the Lenderapplicable Issuing Bank) to the Lender applicable Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension, but in any event no less than three (3) Business Days) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this SectionSection 2.05), the amount of such Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the Lenderan Issuing Bank, the applicable Borrower also shall submit a letter of credit application on the Lendersuch 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 Borrowers 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, $30,000,000 and (ii) the total Revolving Exposure Credit Exposures shall not exceed the lesser of the Revolving Commitment and the Borrowing Basetotal Commitments.

Appears in 1 contract

Samples: Credit Agreement (Lorillard, Inc.)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative shall deliver by hand deliver or fax facsimile (or transmit through Electronic Systemby electronic communication, if arrangements for doing so have been approved by the Lenderrelevant Issuing Bank) to an Issuing Bank and the Lender 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 requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the Lendersuch Issuing Bank, the applicable Borrower also shall submit a letter of credit application and (in the case of a commercial Letter of Credit) a master agreement for the issuance of commercial Letters of Credit, in each case on the Lendersuch 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 Borrowers 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$35,000,000, and (ii) the Standby LC Exposure shall not exceed $30,000,000 and (iii) the total Revolving Exposure Exposures shall not exceed the lesser of the Aggregate Revolving Commitment and the Borrowing Base.

Appears in 1 contract

Samples: Credit Agreement (Ethan Allen Interiors Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative Borrowers shall hand deliver or fax telecopy (or transmit through Electronic Systemby electronic communication, if arrangements for doing so have been approved by the LenderIssuing Bank) to the Lender Issuing Bank and the Administrative Agent (reasonably at least three (3) Business Days in advance of the requested date of issuance, amendment, renewal or extension, but in any event no less than three (3) Business Days) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the LenderIssuing Bank, the applicable Borrower Borrowers also shall submit a letter of credit application on the LenderIssuing 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 Borrowers shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed the LC Sublimit, and (ii) the Revolving Exposure Availability shall not exceed the lesser of the Revolving Commitment and the Borrowing Basebe less than $0.

Appears in 1 contract

Samples: Credit Agreement (Usec Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative Company, shall hand deliver or fax telecopy (or transmit through Electronic Systemby electronic communication, if arrangements for doing so have been approved by the Lenderapplicable Issuing Bank) to the Lender applicable Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension), but in any event no less than three (3) Business Days) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph clause (c) of this SectionSection 2.4), the amount of such Letter of Credit, the name and address of the beneficiary thereof, such information as is required under Section 3.1 in connection with a Loan, and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. Together with each such request, the Company shall deliver to the Administrative Agent (i) an original or a copy of a written report (which may be a Daily Report) setting forth a calculation of the Percentage Factor as of the date of the requested issuance, amendment, renewal or extension, as applicable and (ii) an executed copy of a Letter of Credit Request Agreement substantially in the form of Schedule 13 to this Agreement. If requested by the Lenderapplicable Issuing Bank, the applicable Borrower Company also shall submit a letter of credit application on the Lendersuch Issuing Bank’s standard form in connection with any request for a Letter of Credit, which application shall be for informational purposes only and shall not alter the Issuing Bank’s obligations hereunder. 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 Borrowers 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 the LC Sublimit, Sub-Limit on such date and (ii) the Revolving Exposure total Percentage Factor shall not exceed 100%. Each Letter of Credit shall be denominated in U.S. dollars and have an initial stated amount of at least $50,000. The applicable Issuing Bank shall give the lesser Company a copy of, and give the Administrative Agent reasonably prompt notice of the Revolving Commitment amount of, each Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), and the Borrowing BaseAdministrative Agent, in turn, shall give reasonably prompt notice of the amount thereof to each other Issuing Bank and the Funding Agents.

Appears in 1 contract

Samples: Request Agreement (Huntsman CORP)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To In order to request the issuance of a Letter of Credit (or the amendmentto amend, renewal renew or extension of extend an outstanding existing Letter of Credit), the applicable Borrower Representative shall hand deliver or fax (or transmit through Electronic System, if arrangements for doing so have been approved by the Lender) telecopy to the Lender applicable Issuing Bank and the Administrative Agent (reasonably three Business Days in advance of the requested date of issuance, amendment, renewal or extension, but in any event no less than three (3) Business Daysor such shorter period as the applicable Borrower, the Administrative Agent and the applicable Issuing Bank shall agree) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day)extension, the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Sectionbelow), the amount and currency (which must be dollars or an Alternative Currency) of such Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend prepare 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 Borrowers applicable Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (iA) the LC L/C Exposure shall not exceed $35,000,000, (B) the Aggregate Revolving Credit Exposure shall not exceed the LC Sublimit, Total Revolving Credit Commitment and (iiC) the Alternative Currency Revolving Credit Exposure with respect to any Alternative Currency shall not exceed the lesser of the Revolving Commitment and the Borrowing Basesublimit for such Alternative Currency set forth in Schedule 2.01(b).

Appears in 1 contract

Samples: Credit Agreement (Terex Corp)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative shall hand deliver or fax telecopy (or transmit through Electronic Systemby electronic communication, if arrangements for doing so have been approved by the LenderIssuing Bank) to the Lender 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 requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the LenderIssuing Bank, the applicable Borrower also shall submit a letter of credit application on the Lender’s 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 Borrowers 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, $2,000,000 and (ii) the total Revolving Exposure Exposures shall not exceed the lesser of the total Revolving Commitment and the Borrowing BaseCommitments.

Appears in 1 contract

Samples: Credit Agreement (Argo Tech Corp)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative shall hand deliver or fax telecopy (or transmit through Electronic Systemby electronic communication, if arrangements for doing so have been approved by the LenderIssuing Bank) HOU:0000000.8 to the Lender 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 requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the LenderIssuing Bank, the applicable Borrower also shall submit a letter of credit application on the Lender’s 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 (and upon issuance, amendment, renewal or extension of each Letter of Credit the Borrowers 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, $50,000,000 and (ii) the Revolving Exposure total Credit Exposures shall not exceed the lesser of the Revolving Commitment and the Borrowing Basetotal Commitments.

Appears in 1 contract

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

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative shall hand deliver or fax telecopy (or transmit through Electronic Systemby electronic communication, if arrangements for doing so have been approved by the LenderIssuing Bank) to the Lender 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 requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the LenderIssuing Bank, the applicable Borrower also shall submit a letter of credit application on the Lender’s 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 Borrowers 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, $5,000,000 and (ii) the total Revolving Exposure Credit Exposures shall not exceed the lesser of (x) the Revolving Commitment total Commitments, as the same may be reduced from time to time pursuant to Section 2.09 and (y) the Borrowing Base.

Appears in 1 contract

Samples: Credit Agreement (Standard Motor Products Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower Representative shall hand deliver or fax facsimile (or transmit through Electronic Systemby electronic communication, if arrangements for doing so have been approved by the LenderIssuing Bank) to the Lender 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 requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the LenderIssuing Bank, the applicable Borrower Loan Party also shall submit a letter of credit application on the LenderIssuing 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 Borrowers shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed the LC Sublimit, Sublimit and (iiiv) the total Revolving Exposure Exposures shall not exceed the lesser of the total Revolving Commitment Commitments and the Borrowing Base.

Appears in 1 contract

Samples: Credit Agreement (Altra Holdings, Inc.)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the applicable Borrower Representative shall deliver by hand deliver or fax facsimile (or transmit through Electronic System, if arrangements for doing so have been approved by the Lender) to the Lender (reasonably in advance of prior to 9:00 am, Denver, Colorado time, at least three Business Days prior to the requested date of issuance, amendment, renewal or extension, but in any event no less than three (3) Business Days) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the 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 (and upon issuance, amendment, renewal or extension of each Letter of Credit the Borrowers shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed the LC Sublimit, $4,000,000 and (ii) the Revolving Exposure Availability shall not exceed the lesser of the Revolving Commitment and the Borrowing Basebe equal to or greater than zero.

Appears in 1 contract

Samples: Revolving Loan Credit Agreement (Servicesource International, Inc.)

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

Appears in 1 contract

Samples: Credit Agreement (Bisys Group Inc)

Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of CreditCredit (other than an automatic renewal permitted pursuant to paragraph (k) of this Section)), the Borrower Representative shall hand deliver or fax (or transmit through Electronic System, if arrangements for doing so have been approved by the Lenderelectronic mail) to the Lender applicable Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension, but in any event no less than three (3) Business Days) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the requested date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the Lenderapplicable Issuing Bank, the applicable Borrower also shall submit a letter of credit application on the Lendersuch Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each any Letter of Credit the Borrowers 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, $75,000,000 and (ii) the Total Revolving Exposure Credit Exposures shall not exceed the lesser of the Revolving Commitment and the Borrowing Basetotal Commitments.

Appears in 1 contract

Samples: Credit Agreement (Symetra Financial CORP)

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