Common use of NOTICE OF ISSUANCE OF LETTER OF CREDIT; AGREEMENT TO ISSUE Clause in Contracts

NOTICE OF ISSUANCE OF LETTER OF CREDIT; AGREEMENT TO ISSUE. (a) Whenever the Borrower desires the issuance of a Letter of Credit (other than the Existing Letters of Credit), it shall, in addition to any application and documentation procedures required by the Issuer for the issuance of such Letter of Credit, deliver to the Administrative Agent and the Issuer a written notice no later than 11:00 AM (Atlanta, Georgia time) at least five (5) days in advance of the proposed date of issuance and the Administrative Agent shall promptly forward a copy of such notice to each of the Lenders. Each such notice shall specify (i) the proposed date of issuance (which shall be a Business Day); (ii) the face amount of the Letter of Credit (which shall be denominated in Dollars); (iii) the expiration date of the Letter of Credit; and (iv) the name and address of the beneficiary with respect to such Letter of Credit and shall attach a precise description of the documentation and a verbatim text of any certificate to be presented by the beneficiary of such Letter of Credit which would require the Issuer to make payment under the Letter of Credit, provided that the Issuer may require changes in any such documents and certificates in accordance with its customary letter of credit practices, and provided further, that no Letter of Credit shall require payment against a conforming draft to be made thereunder on the same Business Day that such draft is presented if such presentation is made after 11:00 AM (Atlanta, Georgia time). In determining whether to pay any draft under any Letter of Credit, the Issuer shall be responsible only to determine that the documents and certificate required to be delivered under its Letter of Credit have been delivered, and that they comply on their face with the requirements of the Letter of Credit. The Issuer shall promptly notify the Administrative Agent upon the issuance of a Letter of Credit. Promptly after receiving the notice of issuance of a Letter of Credit, the Administrative Agent shall notify each Lender of such Lender's respective participation therein, determined in accordance with its respective Revolving Percentage of the Letter of Credit Commitment Amount. (b) The Issuer agrees, subject to the terms and conditions set forth in this Agreement, to issue for the account of the Borrower a Letter of Credit in a face amount equal to the face amount requested under paragraph (a) above, following its receipt of a notice required by Section 2.05(a). Immediately upon the issuance of each Letter of Credit (or, in the case of any Existing Letter of Credit, on the Effective Date), each Lender shall be deemed to, and hereby agrees to, have irrevocably purchased from the Issuer a participation in such Letter of Credit and any drawing thereunder in an amount equal to such Lender's Revolving Percentage of the Letter of Credit Commitment Amount multiplied by the face amount of such Letter of Credit. Upon issuance and amendment or extension of any Letter of Credit the Issuer shall provide to the Administrative Agent, and the Administrative Agent shall, if requested by any Lender, then provide to each such Lender, a copy of each such Letter of Credit issued, amended or extended hereunder.

NOTICE OF ISSUANCE OF LETTER OF CREDIT; AGREEMENT TO ISSUE. (a) Whenever the Borrower Company desires the issuance of a Letter of Credit (other than the Existing Letters of Credit), it shall, in addition to any application and documentation procedures required by the Issuer for the issuance of such Letter of Credit, deliver to the Administrative Agent and the Issuer a written notice no later than 11:00 AM (Atlanta, Georgia time) at least five (5) days in advance of the proposed date of issuance and the Administrative Agent shall promptly forward a copy of such notice to each of the Lenders. Each such notice shall specify (i) the proposed date of issuance (which shall be a Business Day); (ii) the face amount of the Letter of Credit (which shall be denominated in Dollars); (iii) the expiration date of the Letter of Credit; and (iv) the name and address of the beneficiary with respect to such Letter of Credit and shall attach a precise description of the documentation and a verbatim text of any certificate to be presented by the beneficiary of such Letter of Credit which would require the Issuer to make payment under the Letter of Credit, provided that the Issuer may require changes in any such documents and certificates in accordance with its customary letter of credit practices, and provided further, that no Letter of Credit shall require payment against a conforming draft to be made thereunder on the same Business Day that such draft is presented if such presentation is made after 11:00 AM (Atlanta, Georgia time). In determining whether to pay any draft under any Letter of Credit, the Issuer shall be responsible only to determine that the documents and certificate required to be delivered under its Letter of Credit have been delivered, and that they comply on their face with the requirements of the Letter of Credit. The Issuer shall promptly notify the Administrative Agent upon the issuance of a Letter of Credit. Promptly after receiving the notice of issuance of a Letter of Credit, the Administrative Agent shall notify each Lender of such Lender's respective participation therein, determined in accordance with its respective Revolving Percentage of the Letter of Credit Commitment Amount. (b) The Issuer agrees, subject to the terms and conditions set forth in this Agreement, to issue for the account of the Borrower Company a Letter of Credit in a face amount equal to the face amount requested under paragraph (a) above, following its receipt of a notice required by Section 2.05(a2.01(a). Immediately upon the issuance of each Letter of Credit (or, in the case of any Existing Letter of Credit, on the Effective Date), each Lender shall be deemed to, and hereby agrees to, have irrevocably purchased from the Issuer a participation in such Letter of Credit and any drawing thereunder in an amount equal to such Lender's Revolving Percentage of the Letter of Credit Commitment Amount multiplied by the face amount of such Letter of Credit. Upon issuance and amendment or extension of any Letter of Credit the Issuer shall provide to the Administrative Agent, and the Administrative Agent shall, if requested by any Lender, then provide to each such Lender, a copy of each such Letter of Credit issued, amended or extended hereunder.

NOTICE OF ISSUANCE OF LETTER OF CREDIT; AGREEMENT TO ISSUE. (a) Whenever the Borrower desires the issuance of a Letter of Credit (other than Credit, the Existing Letters of Credit), it Borrower shall, in addition to any application and documentation procedures required by the Issuer Issuing Bank for the issuance of such Letter of Credit, deliver to the Administrative Agent and the Issuer Issuing Bank a written notice no later than 11:00 AM 1:00 p.m. (Atlanta, Georgia time) at least five (5) days Business Days in advance of the proposed date of issuance and the Administrative Agent shall promptly forward a copy of such notice to each of the Lendersissuance. Each such notice shall specify (i) the proposed date of issuance (which shall be a Business Day); (ii) the face amount of the Letter of Credit (which shall be denominated in Dollars)Credit; (iii) the expiration date of the Letter of Credit; and (iv) the name and address of the beneficiary with respect to such Letter of Credit Credit, and shall attach a precise description of the documentation and a verbatim text of any certificate to be presented by the beneficiary of such Letter of Credit which would require the Issuer Issuing Bank to make payment under the Letter of Credit, provided that the Issuer Issuing Bank may require changes in any such documents and certificates in accordance with its customary letter of credit practices, and provided further, that no Letter of Credit shall require payment against a conforming draft to be made thereunder on the same Business Day that such draft is presented if such presentation is made after 11:00 AM 1:00 p.m. (Atlanta, Georgia time). In determining whether to pay any draft under any Letter of Credit, the Issuer Issuing Bank shall be responsible only to determine that the documents and certificate required to be delivered under its Letter of Credit have been delivered, and that they comply on their face with the requirements of the Letter of Credit. The Issuer shall promptly notify the Administrative Agent upon the issuance of a Letter of Credit. Promptly after receiving the notice of issuance of a Letter of Credit, the Administrative Agent shall notify each Revolving Lender of such Revolving Lender's respective participation therein, determined in accordance with its respective Revolving Percentage Pro Rata Share of the Revolving Credit Commitments on the date of the issuance of such Letter of Credit Commitment AmountCredit. (b) The Issuer Issuing Bank agrees, subject to the terms and conditions set forth in this Agreement, to issue for the account of the Borrower a Letter one or more Letters of Credit Credit, each in a face amount equal to the face amount requested under paragraph (aSection 2.05(a) above, following its receipt of a notice and the application and other documents required by Section 2.05(a). Immediately upon the issuance of each Letter of Credit (or, in the case of any Existing Letter of Credit, on the Effective Date), each Revolving Lender shall be deemed to, and hereby agrees to, have irrevocably purchased from the Issuer Issuing Bank a participation in such Letter of Credit and any drawing thereunder in an amount equal to such Revolving Lender's Revolving Percentage Pro Rata Share of the Letter of Revolving Credit Commitment Amount Commitments multiplied by the face amount of such Letter of Credit. Upon issuance and amendment or extension of any Letter of Credit the Issuer shall provide to the Administrative Agent, and the Administrative Agent shall, if requested by any Lender, then provide to each such Lender, a copy of each such Letter of Credit issued, amended or extended hereunder.

NOTICE OF ISSUANCE OF LETTER OF CREDIT; AGREEMENT TO ISSUE. (a) Whenever the Borrower Intermet desires the issuance of a Letter of Credit (other than the Existing Letters of Credit), it shall, in addition to any application and documentation procedures required by the Issuer Agent for the issuance of such Letter of Credit, deliver to the Administrative Agent and the Issuer a written notice no later than 11:00 AM (Atlanta, Georgia timelocal time for the Agent) at least five (5) days in advance of the proposed date of issuance and the Administrative Agent shall promptly forward a copy of such notice to each of the Lenders. Each such notice shall specify (i) the proposed date of issuance (which shall be a Business Day); (ii) the face amount of the Letter of Credit (which shall be denominated in Dollars)Credit; (iii) the expiration date of the Letter of Credit; and (iv) the name and address of the beneficiary with respect to such Letter of Credit and shall attach a precise description of the documentation and a verbatim text of any certificate to be presented by the beneficiary of such Letter of Credit which would require the Issuer Agent to make payment under the Letter of Credit, provided that the Issuer Agent may require changes in any such documents and certificates in accordance with its customary letter of credit practices, and provided further, that no Letter of Credit shall require payment against a conforming draft to be made thereunder on the same Business Day that such draft is presented if such presentation is made after 11:00 AM (Atlanta, Georgia time). In determining whether to pay any draft under any Letter of Credit, the Issuer Agent shall be responsible only to determine that the documents and certificate required to be delivered under its Letter of Credit have been delivered, and that they comply on their face with the requirements of the Letter of Credit. The Issuer shall promptly notify the Administrative Agent upon the issuance of a Letter of Credit. Promptly after receiving the notice of issuance of a Letter of Credit, the Administrative Agent shall notify each Lender of such Lender's respective participation therein, determined in accordance with its respective Revolving Percentage Pro Rata Share of the Letter of Credit Commitment AmountCommitments. (b) The Issuer Agent agrees, subject to the terms and conditions set forth in this Agreement, to issue for the account of the Borrower Intermet a Letter of Credit in a face amount equal to the face amount requested under paragraph (a) above, following its receipt of a notice required by Section 2.05(a). Immediately upon the issuance of each Letter of Credit (or, in the case of any Existing Letter of Credit, on the Effective Date), each Lender shall be deemed to, and hereby agrees to, have irrevocably purchased from the Issuer Agent a participation in such Letter of Credit and any drawing thereunder in an amount equal to such Lender's Revolving Percentage Pro Rata Share of the Letter of Credit Commitment Amount Commitments multiplied by the face amount of such Letter of Credit. Upon issuance and amendment or extension of any Letter of Credit Credit, the Issuer Agent shall provide to the Administrative Agent, and the Administrative Agent shall, if requested by any Lender, then provide to each such Lender, a copy of each such Letter of Credit issued, amended or extended hereunderhereunder to each of the Lenders. (c) As of the Closing Date, each of the Letters of Credit set forth on Schedule 7.01 shall be deemed to have been issued by the Agent in accordance with the terms hereof, each of the Lenders shall be deemed to have purchased a participation in such Letters of Credit in an amount equal to such Lender's Pro Rata Share of the Commitments multiplied by the face amount thereof, and such Letters of Credit shall be governed by the terms hereof.

NOTICE OF ISSUANCE OF LETTER OF CREDIT; AGREEMENT TO ISSUE. (a) Whenever the Borrower desires the issuance of a Letter of Credit (other than the Existing Letters of Credit), it shall, in addition to any application and documentation procedures required by the Issuer Administrative Agent for the issuance of such Letter of Credit, deliver to the Administrative Agent and the Issuer a written notice no later than 11:00 AM A.M. (Atlanta, Georgia time) at least five ten (510) days in advance of the proposed date of issuance and the Administrative Agent shall promptly forward a copy of such notice to each of the Lendersissuance. Each such notice shall specify (i) the proposed date of issuance (which shall be a Business Day); (ii) the face amount of the Letter of Credit (which shall be denominated in Dollars)Credit; (iii) the expiration date of the Letter of Credit; and (iv) the name and address of the beneficiary with respect to such Letter of Credit and shall attach a precise description of the documentation and a verbatim text of any certificate to be presented by the beneficiary of such Letter of Credit which would require the Issuer Administrative Agent to make payment under the Letter of Credit, provided PROVIDED that the Issuer Administrative Agent may require changes in any such documents and certificates in accordance with its customary letter of credit practices, and provided furtherPROVIDED FURTHER, that no Letter of Credit shall require payment against a conforming draft to be made thereunder on the same Business Day that such draft is presented if such presentation is made after 11:00 AM A.M. (Atlanta, Georgia time). In determining whether to pay any draft under any Letter of Credit, the Issuer Administrative Agent shall be responsible only to determine that the documents and certificate required to be delivered under its Letter of Credit have been delivered, and that they comply on their face with the requirements of the Letter of Credit. The Issuer shall promptly notify the Administrative Agent upon the issuance of a Letter of Credit. Promptly after receiving the notice of issuance of a Letter of Credit, the Administrative Agent shall notify each Lender of such Lender's respective participation therein, determined in accordance with its respective Revolving Percentage Pro Rata Share of the Revolving Loan Commitments as determined on the date of the issuance of such Letter of Credit Commitment AmountCredit. (b) The Issuer Administrative Agent agrees, subject to the terms and conditions set forth in this Agreement, to issue for the account of the Borrower Borrower, a Letter of Credit in a face amount equal to the face amount requested under paragraph (a) above, following its receipt of a notice and the application and other documents required by Section 2.05(a). SECTION 2.05 (a) Immediately upon the issuance of each Letter of Credit (or, in the case of any Existing Letter of Credit, on the Effective Date), each Lender shall be deemed to, and hereby agrees to, have irrevocably purchased from the Issuer Administrative Agent a participation in such Letter of Credit and any drawing thereunder in an amount equal to such Lender's Revolving Percentage Pro Rata Share of the Letter of Credit Commitment Amount Total Commitments multiplied by the face amount of such Letter of Credit. Upon issuance . (c) In addition, upon the terms and amendment or extension subject to the conditions of any the Xxxxx Reimbursement Agreement, the terms of which are expressly incorporated herein by this reference, the Administrative Agent will issue, within thirty (30) days after the Closing Date, the Xxxxx Letter of Credit the Issuer which for purposes of this Agreement, shall provide be deemed to have been issued hereunder pursuant to the Administrative AgentRevolving Loan Commitments, and the Administrative Agent shall, if requested by any Lender, then provide to each such Lender, a copy of each such Revolving Loan Commitments and Letter of Credit issuedSubcommitment shall be reduced by the stated amount thereof. Each Lender hereby agrees to irrevocably and automatically purchases participation interest in such Xxxxx Letter of Credit upon the date of issuance thereof and in an draw paid pursuant to such Xxxxx Letter of Credit in accordance with subsection (b) above. Notwithstanding anything in this Agreement to the contrary, amended or extended hereunderthe Lenders (other than SunTrust) shall not be entitled to receive any fees paid with respect to the Xxxxx Letter of Credit pursuant to the Xxxxx Reimbursement Agreement except as specifically provided in SECTION 4.05(c) hereof.

NOTICE OF ISSUANCE OF LETTER OF CREDIT; AGREEMENT TO ISSUE. (a) Whenever the Borrower desires the issuance of a Letter of Credit (other than the Existing Letters of Credit), it shall, in addition to any application and documentation procedures required by the Issuer Agent for the issuance of such Letter of Credit, deliver to the Administrative Agent and the Issuer a written notice no later than 11:00 AM (Atlanta, Georgia timelocal time for the Agent) at least five three (53) days Business Days' in advance of the proposed date of issuance and the Administrative Agent shall promptly forward a copy of such notice to each of the Lenders. Each such notice shall specify (i) the proposed date of issuance (which shall be a Business Day); (ii) the face amount of the Letter of Credit (which shall be denominated in Dollars)Credit; (iii) the expiration date of the Letter of Credit; and (iv) the name and address of the beneficiary with respect to such Letter of Credit and shall attach a precise description of the documentation and a verbatim text of any certificate to be presented by the beneficiary of such Letter of Credit which would require the Issuer Agent to make payment under the Letter of Credit, provided that the Issuer Agent may require changes in any such documents and certificates in accordance with its customary letter of credit practices, and provided further, that no Letter of Credit shall require payment against a conforming draft to be made thereunder on the same Business Day that such draft is presented if such presentation is made after 11:00 AM (Atlanta, Georgia time). In determining whether to pay any draft under any Letter of Credit, the Issuer Agent shall be responsible only to determine that the documents and certificate required to be delivered under its Letter of Credit have been delivered, and that they comply on their face with the requirements of the Letter of Credit. The Issuer shall promptly notify the Administrative Agent upon the issuance of a Letter of Credit. Promptly after receiving the notice of issuance of a Letter of Credit, the Administrative Agent shall notify each Lender of such Lender's respective participation therein, determined in accordance with its respective Revolving Percentage of the Letter of Credit Commitment Amount.Promptly (b) The Issuer Agent agrees, subject to the terms and conditions set forth in this Agreement, to issue for the account of the Borrower a Letter of Credit in a face amount equal to the face amount requested under paragraph (a) above, following its receipt of a notice required by Section 2.05(a). Immediately upon the issuance of each Letter of Credit (or, in the case of any Existing Letter of Credit, on the Effective Date), each Lender shall be deemed to, and hereby agrees to, have irrevocably purchased from the Issuer Agent a participation in such Letter of Credit and any drawing thereunder in an amount equal to such Lender's Revolving Percentage of the Letter of Credit Commitment Amount Pro Rata Share multiplied by the face amount of such Letter of Credit. Upon issuance and amendment or extension of any Letter of Credit Credit, the Issuer Agent shall provide to the Administrative Agent, and the Administrative Agent shall, if requested by any Lender, then provide to each such Lender, a copy of each such Letter of Credit issued, amended or extended hereunderhereunder to each of the Lenders.

NOTICE OF ISSUANCE OF LETTER OF CREDIT; AGREEMENT TO ISSUE. (a) Whenever the Borrower desires the issuance of a Letter of Credit (other than the Existing Letters of Credit), it shall, in addition to any application and documentation procedures required by the Issuer Agent for the issuance of such Letter of Credit, deliver to the Administrative Agent and the Issuer a written notice no later than 11:00 AM (Atlanta, Georgia timelocal time for the Agent) at least five three (53) days Business Days' in advance of the proposed date of issuance and the Administrative Agent shall promptly forward a copy of such notice to each of the Lenders. Each such notice shall specify (i) the proposed date of issuance (which shall be a Business Day); (ii) the face amount of the Letter of Credit (which shall be denominated in Dollars)Credit; (iii) the expiration date of the Letter of Credit; and (iv) the name and address of the beneficiary with respect to such Letter of Credit and shall attach a precise description of the documentation and a verbatim text of any certificate to be presented by the beneficiary of such Letter of Credit which would require the Issuer Agent to make payment under the Letter of Credit, provided that the Issuer Agent may require changes in any such documents and certificates in accordance with its customary letter of credit practices, and provided further, that no Letter of Credit shall require payment against a conforming draft to be made thereunder on the same Business Day that such draft is presented if such presentation is made after 11:00 AM (Atlanta, Georgia time). In determining whether to pay any draft under any Letter of Credit, the Issuer Agent shall be responsible only to determine that the documents and certificate required to be delivered under its Letter of Credit have been delivered, and that they comply on their face with the requirements of the Letter of Credit. The Issuer shall promptly notify the Administrative Agent upon the issuance of a Letter of Credit. Promptly after receiving the notice of issuance of a Letter of Credit, the Administrative Agent shall notify each Lender of such Lender's respective participation therein, determined in accordance with its respective Revolving Percentage of the Letter of Credit Commitment AmountPro Rata Share. (b) The Issuer Agent agrees, subject to the terms and conditions set forth in this Agreement, to issue for the account of the Borrower a Letter of Credit in a face amount equal to the face amount requested under paragraph (a) above, following its receipt of a notice required by Section 2.05(a). Immediately upon the issuance of each Letter of Credit (or, in the case of any Existing Letter of Credit, on the Effective Date), each Lender shall be deemed to, and hereby agrees to, have irrevocably purchased from the Issuer Agent a participation in such Letter of Credit and any drawing thereunder in an amount equal to such Lender's Revolving Percentage of the Letter of Credit Commitment Amount Pro Rata Share multiplied by the face amount of such Letter of Credit. Upon issuance and amendment or extension of any Letter of Credit Credit, the Issuer Agent shall provide to the Administrative Agent, and the Administrative Agent shall, if requested by any Lender, then provide to each such Lender, a copy of each such Letter of Credit issued, amended or extended hereunderhereunder to each of the Lenders.