Common use of Notice of Issuance Clause in Contracts

Notice of Issuance. To request the Issuance of a Participated Letter of Credit, the applicable Account Party shall hand deliver or deliver by facsimile (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable Fronting Bank) to the applicable Fronting Bank and the Administrative Agent (which shall, upon the request of any Lender, provide to such Lender as soon as practicable a copy of the Participated Letter of Credit) at least five Business Days in advance of the requested date of Issuance (or such shorter period as is acceptable to the Administrative Agent and such Fronting Bank, including any request for the Issuance of a Participated Letter of Credit on the Restatement Effective Date, subject to approval by the Administrative Agent and the applicable Fronting Bank which shall not be unreasonably withheld or delayed) a notice in a form reasonably acceptable to the Administrative Agent (a “Participated Letter of Credit Notice”) executed by an Authorized Officer requesting the Issuance of a Participated Letter of Credit, or identifying the Participated Letter of Credit to be amended, renewed, extended or increased as the case may be, and specifying the date of Issuance (which shall be a Business Day), the date on which such Participated Letter of Credit is to expire (which shall comply with Section 3.2(c)), the amount of such Participated Letter of Credit, whether such Participated Letter of Credit is a Tranche 1 Letter of Credit or a Tranche 2 Letter of Credit, if a Tranche 1 Letter of Credit, whether such Participated Letter of Credit will be secured by Eligible Collateral, the Applicable Currency of such Participated Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew, extend or increase, as the case may be, such Participated Letter of Credit, it being understood and agreed that Participated Letters of Credit may be extended and renewed in accordance with Section 3.2(c). In addition to the delivery of any Participated Letter of Credit Notice with respect to the Issuance of any Letter of Credit as a Participated Letter of Credit that is secured by Eligible Collateral, the applicable Account Party shall deliver, if requested by the Administrative Agent, to the Administrative Agent a Borrowing Base Report not later than 11:00 a.m., Charlotte time, on the Business Day immediately preceding the date on which such Participated Letter of Credit is to be Issued confirming that the aggregate Secured L/C Exposure attributable to such Account Party on whose account the Participated Letter of Credit is being Issued and after giving effect thereto does not exceed the Borrowing Base of such Account Party at such time. If requested by any Fronting Bank, the Account Party shall submit a letter of credit application on such Fronting Bank’s standard form (with such changes as such Fronting Bank shall reasonably deem appropriate) in connection with any request for a Participated Letter of Credit. In the event of any inconsistency between the terms and conditions of this Agreement and the terms and conditions of any form of letter of credit application or other agreement submitted by such Account Party to, or entered into by any Account Party with, any Fronting Bank relating to any Participated Letter of Credit, the terms and conditions of this Agreement shall control.

Appears in 1 contract

Samples: Credit Agreement (Platinum Underwriters Holdings LTD)

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Notice of Issuance. To request the Issuance of a Participated Syndicated Letter of Credit, the applicable Account Party Borrower shall hand deliver or deliver by facsimile telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable Fronting BankL/C Agent) to the applicable Fronting Bank and the Administrative L/C Agent (which shall, upon will promptly notify the request of any Lender, applicable Lenders and provide to such Lender Lenders as soon as practicable a copy of the Participated Syndicated Letter of Credit) at least five 3 Business Days in advance of the requested date of Issuance (or such shorter period as is acceptable to the Administrative Agent and such Fronting BankL/C Agent, including with respect to any request for the Issuance issuance of a Participated Syndicated Letter of Credit on the Restatement Effective Date, subject to approval by the Administrative Agent and the applicable Fronting Bank which shall not be unreasonably withheld or delayedL/C Agent) a notice in a form reasonably acceptable to the Administrative L/C Agent (a “Participated Syndicated Letter of Credit Notice”) executed by an Authorized Officer requesting the Issuance of a Participated Syndicated Letter of Credit, or identifying the Participated Syndicated Letter of Credit to be amended, renewed, extended or increased increased, as the case may be, and specifying the date of Issuance (which shall be a Business Day), the date on which such Participated Syndicated Letter of Credit is to expire (which shall comply with Section 3.2(c3.1(c)), the amount of such Participated Syndicated Letter of Credit, whether such Participated Letter of Credit is a Tranche 1 Letter of Credit or a Tranche 2 Letter of Credit, if a Tranche 1 Letter of Credit, whether such Participated Letter of Credit will be secured by Eligible Collateral, the Applicable Currency of such Participated Syndicated Letter of Credit, the name and address of the beneficiary thereof and the terms and conditions of (and such other information as shall be necessary to prepare, amend, renew, extend or increase, as the case may be, ) such Participated Syndicated Letter of Credit, it being understood and agreed that Participated Syndicated Letters of Credit may be extended and renewed in accordance with Section 3.2(c3.1(c). In addition to the delivery of any Participated Letter of Credit Notice with respect to the Issuance of any Letter of Credit as a Participated Letter of Credit that is secured by Eligible Collateral, the applicable Account Party shall deliver, if requested by the Administrative Agent, to the Administrative Agent a Borrowing Base Report not later than 11:00 a.m., Charlotte time, on the Business Day immediately preceding the date on which such Participated Letter of Credit is to be Issued confirming that the aggregate Secured L/C Exposure attributable to such Account Party on whose account the Participated Letter of Credit is being Issued and after giving effect thereto does not exceed the Borrowing Base of such Account Party at such time. If requested by any Fronting Bankthe L/C Agent, the Account Party applicable Borrower shall submit a letter of credit application on such Fronting Bankthe L/C Agent’s standard form (with such changes as such Fronting Bank the L/C Agent shall reasonably deem appropriate) in connection with any request for a Participated Syndicated Letter of Credit. In the event of any inconsistency between the terms and conditions of this Agreement and the terms and conditions of any form of letter of credit application or other agreement submitted by such Account Party to, or entered into by any Account Party with, any Fronting Bank Borrower to the L/C Agent relating to any Participated Syndicated Letter of Credit, the terms and conditions of this Agreement shall control.

Appears in 1 contract

Samples: Credit Agreement (Allied World Assurance Co Holdings, AG)

Notice of Issuance. To request the Issuance of a Participated Syndicated Letter of Credit, the applicable Account Party shall hand deliver or deliver by facsimile (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable Fronting BankAdministrative Agent) to the applicable Fronting Bank and the Administrative Agent (which shall, upon the request of any Lender, provide to such Lender as soon as practicable a copy of the Participated Syndicated Letter of Credit) at least five Business Days in advance of the requested date of Issuance (or such shorter period as is acceptable to the Administrative Agent and such Fronting BankAgent, including with respect to any request for the Issuance issuance of a Participated Syndicated Letter of Credit on the Restatement Effective Date, subject to approval by the Administrative Agent and the applicable Fronting Bank which shall not be unreasonably withheld or delayed) a notice in a form reasonably acceptable to the Administrative Agent (a “Participated Syndicated Letter of Credit Notice”) executed by an Authorized Officer requesting the Issuance of a Participated Syndicated Letter of Credit, or identifying the Participated Syndicated Letter of Credit to be amended, renewed, extended or increased increased, as the case may be, and specifying the date of Issuance (which shall be a Business Day), the date on which such Participated 60 Syndicated Letter of Credit is to expire (which shall comply with Section 3.2(c3.1(c)), the amount of such Participated Syndicated Letter of Credit, whether such Participated Syndicated Letter of Credit is a Tranche 1 Letter of Credit or a Tranche 2 Letter of Credit, if a Tranche 1 Letter of Credit, whether such Participated Syndicated Letter of Credit will be secured by Eligible Collateral, the Applicable Currency of such Participated Syndicated Letter of Credit, the name and address of the beneficiary thereof and the terms and conditions of (and such other information as shall be necessary to prepare, amend, renew, extend or increase, as the case may be, ) such Participated Syndicated Letter of Credit, it being understood and agreed that Participated Syndicated Letters of Credit may be extended and renewed in accordance with Section 3.2(c3.1(c). In addition to the delivery of any Participated Syndicated Letter of Credit Notice with respect to the Issuance of any Letter of Credit as a Participated Syndicated Letter of Credit that is secured by Eligible Collateral, the applicable Account Party shall deliver, if requested by the Administrative Agent, to the Administrative Agent a Borrowing Base Report not later than 11:00 a.m., Charlotte time, on the Business Day immediately preceding the date on which such Participated Syndicated Letter of Credit is to be Issued confirming that the aggregate Secured L/C Exposure attributable to such Account Party on whose account the Participated Syndicated Letter of Credit is being Issued and after giving effect thereto does not exceed the Borrowing Base of such Account Party at such time. If requested by any Fronting Bankthe Administrative Agent, the each Account Party shall submit a letter of credit application on such Fronting Bankthe Administrative Agent’s standard form (with such changes as such Fronting Bank the Administrative Agent shall reasonably deem appropriate) in connection with any request for a Participated Syndicated Letter of Credit. In the event of any inconsistency between the terms and conditions of this Agreement and the terms and conditions of any form of letter of credit application or other agreement submitted by such any Account Party to, or entered into by any Account Party with, any Fronting Bank the Administrative Agent relating to any Participated Syndicated Letter of Credit, the terms and conditions of this Agreement shall control.

Appears in 1 contract

Samples: Credit Agreement (Platinum Underwriters Holdings LTD)

Notice of Issuance. To request the Issuance of a Participated Letter of Credit, the applicable Account Party shall hand deliver or deliver by facsimile telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable Fronting Bank) to the applicable Fronting Bank and the Administrative Agent (which shall, upon shall promptly notify the request of any Lender, applicable Lenders and provide to such Lender Lenders as soon as practicable a copy of the Participated Letter of Credit) at least five (5) Business Days in advance of the requested date of Issuance (or such shorter period as is acceptable to the Administrative Agent and such the Fronting Bank, including any request for the Issuance of a Participated Letter of Credit on the Restatement Effective Date, subject to approval by the Administrative Agent and the applicable Fronting Bank which shall not be unreasonably withheld or delayedBank) a notice in a form reasonably acceptable to the Administrative Agent (a "Participated Letter of Credit Notice") executed by an Authorized Officer requesting the Issuance of a Participated Letter of Credit, or identifying the Participated Letter of Credit to be amended, renewed, extended or increased as the case may be, and specifying the date of Issuance (which shall be a Business Day), the date on which such Participated Letter of Credit is to expire (which shall comply with Section 3.2(cSECTION 4.2(C)), the amount of such Participated Letter of Credit, whether such Participated Letter of Credit is a Tranche 1 Letter of Credit or a Tranche 2 Letter of Credit, if a Tranche 1 Letter of Credit, whether such Participated Letter of Credit will be secured by Eligible Collateral, the Applicable Currency of such Participated Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew, extend or increase, as the case may be, ) such Participated Letter of Credit, it being understood and agreed that Participated Letters of Credit may be extended and renewed in accordance with Section 3.2(cSECTION 4.2(C). In addition to the delivery of any Participated Letter of Credit Notice with With respect to the Issuance of any Tranche 2 Letter of Credit as a Participated Letter of Credit, in addition to the delivery of a Participated Letter of Credit that is secured by Eligible CollateralNotice, the applicable Account Party shall deliver, if requested by the Administrative Agent, deliver to the Administrative Agent a Borrowing Base Report not later than 11:00 a.m., a.m. Charlotte time, time on the Business Day immediately preceding the date on which such Participated Letter of Credit is to be Issued confirming that the sum of the aggregate Secured L/C Tranche 2 Letter of Credit Exposure attributable to such Account Party on whose account the Participated Letter of Credit is being Issued and after giving effect thereto does not exceed the Borrowing Base of such Account Party at such time. If requested by any the Fronting Bank, the Account Party shall submit a letter of credit application on such the Fronting Bank’s 's standard form (with such changes as such the Fronting Bank shall reasonably deem appropriate) in connection with any request for a Participated Letter of Credit. In the event of any inconsistency between the terms and conditions of this Agreement and the terms and conditions of any form of letter of credit application or other agreement submitted by such Account Party to, or entered into by any Account Party with, any the Fronting Bank relating to any Participated Letter of Credit, the terms and conditions of this Agreement shall control.

Appears in 1 contract

Samples: Credit Agreement (Ipc Holdings LTD)

Notice of Issuance. To request the Issuance issuance of a Participated Syndicated Letter of Credit, the applicable Account Party shall hand deliver or deliver transmit by facsimile (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable Fronting BankLC Administrator; provided that the LC Administrator hereby approves such electronic communication delivered by email) to the applicable Fronting Bank LC Administrator and the Administrative Agent (which shall, upon shall promptly notify the request of any Lender, provide to such Lender as soon as practicable a copy of the Participated Letter of CreditLenders) at least five not later than 11:00 a.m. three (3) Business Days in advance of the requested date of Issuance issuance (or such shorter period as is acceptable to the Administrative Agent and such Fronting BankLC Administrator, including any request for the Issuance issuance of a Participated Syndicated Letter of Credit on the Restatement Effective Date, subject to approval by the Administrative Agent and the applicable Fronting Bank which shall not be unreasonably withheld or delayedLC Administrator) a letter of credit notice in a on the LC Administrator’s standard form (with such changes as the LC Administrator shall reasonably deem appropriate) or other electronic notice acceptable to the Administrative Agent LC Administrator (a “Participated Syndicated Letter of Credit Notice”) executed by an Authorized Officer requesting the Issuance issuance of a Participated Syndicated Letter of Credit, or identifying the Participated Syndicated Letter of Credit to be amended, renewed, extended or increased increased, as the case may be, and specifying specifying: (A) the date of Issuance issuance (which shall be a Business Day), (B) the date on which such Participated Syndicated Letter of Credit is to expire (which shall comply with Section 3.2(c)3.3), (C) the stated amount of such Participated Letter of Credit, whether such Participated Syndicated Letter of Credit is a Tranche 1 Letter (it being agreed that all Letters of Credit or a Tranche 2 Letter shall be issued in Dollars), (D) the name and address of Creditthe beneficiary thereof, if a Tranche 1 Letter of Credit, (E) whether such Participated Letter of Credit will be secured by Eligible Collateral, the Applicable Currency of such Participated Letter of Credit, the name and address of the beneficiary thereof and (F) such other customary information as shall be necessary to prepare, amend, renew, extend or increase, as the case may be, such Participated Syndicated Letter of Credit, it being understood and agreed that Participated Syndicated Letters of Credit may be extended and renewed in accordance with Section 3.2(c)3.3. In With respect to the issuance of any Letter of Credit that is a Secured Letter of Credit, in addition to the delivery of any Participated Letter of Credit Notice with respect to the Issuance of any Letter of Credit as a Participated Letter of Credit that is secured by Eligible Collateralforegoing, the applicable Account Party shall deliver, if requested by the Administrative Agent, deliver to the Administrative Agent a Borrowing Base Report not later than 11:00 a.m., Charlotte time, a.m. on the Business Day immediately preceding the date on which such Participated Secured Letter of Credit is to be Issued issued confirming that the sum of the aggregate Secured L/C Letter of Credit Exposure attributable to such Account Party on whose account the Participated Letter of Credit is being Issued and after giving effect thereto does not exceed the Borrowing Base of such Account Party at such time. If requested by any Fronting Bank, the Account Party shall submit a letter of credit application on such Fronting Bank’s standard form (with such changes as such Fronting Bank shall reasonably deem appropriate) in connection with any request for a Participated Letter of Credit. In the event of any inconsistency between the terms and conditions of this Agreement and the terms and conditions of any form Syndicated Letter of letter of credit application Credit Notice or other agreement Letter of Credit Document submitted by such the applicable Account Party to, or entered into by any the applicable Account Party with, any Fronting Bank the LC Administrator relating to any Participated Syndicated Letter of CreditCredit issued for its account, the terms and conditions of this Agreement shall control.

Appears in 1 contract

Samples: Credit Agreement (Renaissancere Holdings LTD)

Notice of Issuance. To request the Issuance of a Participated Syndicated Letter of Credit, the applicable Account Party shall hand deliver or deliver by facsimile telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable Fronting BankAdministrative Agent) to the applicable Fronting Bank and the Administrative Agent (which shall, upon will promptly notify the request of any Lender, applicable Lenders and provide to such Lender Lenders as soon as practicable a copy of the Participated Syndicated Letter of Credit) at least five (5) Business Days in advance of the requested date of Issuance (or such shorter period as is acceptable to the Administrative Agent and such Fronting BankAgent, including with respect to any request for the Issuance issuance of a Participated Syndicated Letter of Credit on the Restatement Effective Date, subject to approval by the Administrative Agent and the applicable Fronting Bank which shall not be unreasonably withheld or delayedAgent) a notice in a form reasonably acceptable to the Administrative Agent (a “Participated "Syndicated Letter of Credit Notice") executed by an Authorized Officer requesting the Issuance of a Participated Syndicated Letter of Credit, or identifying the Participated Syndicated Letter of Credit to be amended, renewed, extended or increased increased, as the case may be, and specifying the date of Issuance (which shall be a Business Day), the date on which such Participated Syndicated Letter of Credit is to expire (which shall comply with Section 3.2(cSECTION 4.1(C)), the amount of such Participated Syndicated Letter of Credit, whether such Participated Syndicated Letter of Credit is a Tranche 1 Letter of Credit or a Tranche 2 Letter of Credit, if a Tranche 1 Letter of Credit, whether such Participated Letter of Credit will be secured by Eligible Collateral, the Applicable Currency of such Participated Letter of Credit, the name and address of the beneficiary thereof and the terms and conditions of (and such other information as shall be necessary to prepare, amend, renew, extend or increase, as the case may be, ) such Participated Syndicated Letter of Credit, it being understood and agreed that Participated Syndicated Letters of Credit may be extended and renewed in accordance with Section 3.2(cSECTION 4.1(C). In addition to the delivery of any Participated Letter of Credit Notice with With respect to the Issuance of any Tranche 2 Letter of Credit as a Participated Syndicated Letter of Credit, in addition to the delivery of a Syndicated Letter of Credit that is secured by Eligible CollateralNotice, the applicable Account Party shall deliver, if requested by the Administrative Agent, deliver to the Administrative Agent a Borrowing Base Report not later than 11:00 a.m., a.m. Charlotte time, time on the Business Day immediately preceding the date on which such Participated Syndicated Letter of Credit is to be Issued confirming that the sum of the aggregate Secured L/C Tranche 2 Letter of Credit Exposure attributable to such Account Party on whose account the Participated Syndicated Letter of Credit is being Issued and after giving effect thereto does not exceed the Borrowing Base of such Account Party at such time. If requested by any Fronting Bankthe Administrative Agent, the each Account Party shall submit a letter of credit application on such Fronting Bank’s the Administrative Agent's standard form (with such changes as such Fronting Bank the Administrative Agent shall reasonably deem appropriate) in connection with any request for a Participated Syndicated Letter of Credit. In the event of any inconsistency between the terms and conditions of this Agreement and the terms and conditions of any form of letter of credit application or other agreement submitted by such any Account Party to, or entered into by any Account Party with, any Fronting Bank the Administrative Agent relating to any Participated Syndicated Letter of Credit, the terms and conditions of this Agreement shall control.

Appears in 1 contract

Samples: Credit Agreement (Ipc Holdings LTD)

Notice of Issuance. To request the Issuance issuance of a Participated Syndicated Letter of Credit, the applicable Account Party shall hand deliver or deliver transmit by facsimile (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable Fronting BankLC Administrator; provided that the LC Administrator hereby approves such electronic communication delivered by email) to the applicable Fronting Bank LC Administrator and the Administrative Agent (which shall, upon shall promptly notify the request of any Lender, provide to such Lender as soon as practicable a copy of the Participated Letter of CreditLenders) at least five not later than 11:00 a.m. three Business Days in advance of the requested date of Issuance issuance (or such shorter period as is acceptable to the Administrative Agent and such Fronting BankLC Administrator, including any request for the Issuance issuance of a Participated Syndicated Letter of Credit on the Restatement Effective Date, subject to approval by the Administrative Agent and the applicable Fronting Bank which shall not be unreasonably withheld or delayedLC Administrator) a letter of credit notice in a on the LC Administrator’s standard form (with such changes as the LC Administrator shall reasonably deem appropriate) or other electronic notice acceptable to the Administrative Agent LC Administrator (a “Participated Syndicated Letter of Credit Notice”) executed by an Authorized Officer requesting the Issuance issuance of a Participated Syndicated Letter of Credit, or identifying the Participated Syndicated Letter of Credit to be amended, renewed, extended or increased increased, as the case may be, and specifying specifying: (A) the date of Issuance issuance (which shall be a Business Day), (B) the date on which such Participated Syndicated Letter of Credit is to expire (which shall comply with Section 3.2(c)3.3), (C) the stated amount of such Participated Letter of Credit, whether such Participated Syndicated Letter of Credit is a Tranche 1 Letter (it being agreed that all Letters of Credit or a Tranche 2 Letter shall be issued in Dollars), (D) the name and address of Creditthe beneficiary thereof, if a Tranche 1 Letter of Credit, (E) whether such Participated Letter of Credit will be secured by Eligible Collateral, the Applicable Currency of such Participated Letter of Credit, the name and address of the beneficiary thereof and (F) such other customary information as shall be necessary to prepare, amend, renew, extend or increase, as the case may be, such Participated Syndicated Letter of Credit, it being understood and agreed that Participated Syndicated Letters of Credit may be extended and renewed in accordance with Section 3.2(c)3.3. In With respect to the issuance of any Letter of Credit that is a Secured Letter of Credit, in addition to the delivery of any Participated Letter of Credit Notice with respect to the Issuance of any Letter of Credit as a Participated Letter of Credit that is secured by Eligible Collateralforegoing, the applicable Account Party shall deliver, if requested by the Administrative Agent, deliver to the Administrative Agent a Borrowing Base Report not later than 11:00 a.m., Charlotte time, a.m. on the Business Day immediately preceding the date on which such Participated Secured Letter of Credit is to be Issued issued confirming that the sum of the aggregate Secured L/C Letter of Credit Exposure attributable to such Account Party on whose account the Participated Letter of Credit is being Issued and after giving effect thereto does not exceed the Borrowing Base of such Account Party at such time. If requested by any Fronting Bank, the Account Party shall submit a letter of credit application on such Fronting Bank’s standard form (with such changes as such Fronting Bank shall reasonably deem appropriate) in connection with any request for a Participated Letter of Credit. In the event of any inconsistency between the terms and conditions of this Agreement and the terms and conditions of any form Syndicated Letter of letter of credit application Credit Notice or other agreement Letter of Credit Document submitted by such the applicable Account Party to, or entered into by any the applicable Account Party with, any Fronting Bank the LC Administrator relating to any Participated Syndicated Letter of CreditCredit issued for its account, the terms and conditions of this Agreement shall control.

Appears in 1 contract

Samples: Credit Agreement (Renaissancere Holdings LTD)

Notice of Issuance. To request the Issuance of a Participated Letter of Credit, the applicable Account Party Allied World shall hand deliver or deliver by facsimile telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable Fronting Bank) to the applicable Fronting Bank and the Administrative Agent (which shall, upon shall promptly notify the request of any Lender, provide to such Lender as soon as practicable a copy of the Participated Letter of CreditLenders) at least five 3 Business Days in advance of the requested date of Issuance (or such shorter period as is acceptable to the Administrative Agent and such applicable Fronting Bank, including any request for the Issuance of a Participated Letter of Credit on the Restatement Effective Closing Date, subject to approval by the Administrative Agent and the applicable Fronting Bank which shall not be unreasonably withheld or delayedBank) a notice in a form reasonably acceptable to the Administrative Agent applicable Fronting Bank (a “Participated Letter of Credit Notice”) executed by an Authorized Officer requesting the Issuance of a Participated Letter of Credit, or identifying the Participated Letter of Credit to be amended, renewed, extended or increased as the case may be, and specifying the date of Issuance (which shall be a Business Day), the date on which such Participated Letter of Credit is to expire (which shall comply with Section 3.2(c2.2(c)), the amount of such Participated Letter of Credit, whether such Participated Letter of Credit is a Tranche 1 Letter of Credit or a Tranche 2 Letter of Credit, if a Tranche 1 Letter of Credit, whether such Participated Letter of Credit will be secured by Eligible Collateral, the Applicable Currency of such Participated Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew, extend or increase, as the case may be, ) such Participated Letter of Credit, it being understood and agreed that Participated Letters of Credit may be extended and renewed in accordance with Section 3.2(c2.2(c). In addition to the delivery of any Participated Letter of Credit Notice with respect to the Issuance of any Letter of Credit as a Participated Letter of Credit that is secured by Eligible CollateralNotice, the applicable Account Party Allied World shall deliver, if requested by the Administrative Agent, deliver to the Administrative Agent a Borrowing Collateral Base Report not later than 11:00 a.m.a.m. Charlotte, Charlotte time, North Carolina time on the Business Day immediately preceding the date on which such Participated Letter of Credit is to be Issued confirming that the aggregate Secured L/C Exposure attributable to such Account Party on whose account the Participated Letter of Credit is being Issued and Minimum Collateral Amount, after giving effect thereto to such Issuance, does not exceed the Borrowing Collateral Base of such Account Party at such time. If requested by any Fronting Bank, the Account Party Allied World shall submit a letter of credit application on such Fronting Bank’s standard form (with such changes as such Fronting Bank shall reasonably deem appropriate) in connection with any request for a Participated Letter of Credit. In the event of any inconsistency between the terms and conditions of this Agreement and the terms and conditions of any form of letter of credit application or other agreement submitted by such Account Party to, or entered into by any Account Party with, Allied World to any Fronting Bank relating to any Participated Letter of Credit, the terms and conditions of this Agreement shall control.

Appears in 1 contract

Samples: Credit Agreement (Allied World Assurance Co Holdings LTD)

Notice of Issuance. To request the Issuance of a Participated Syndicated Letter of Credit, the applicable Account Party shall hand deliver or deliver by facsimile telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable Fronting BankAdministrative Agent) to the applicable Fronting Bank and the Administrative Agent (which shall, upon will promptly notify the request of any Lender, applicable Lenders and provide to such Lender Lenders as soon as practicable a copy of the Participated Syndicated Letter of Credit) at least five (5) Business Days in advance of the requested date of Issuance (or such shorter period as is acceptable to the Administrative Agent and such Fronting BankAgent, including with respect to any request for the Issuance issuance of a Participated Syndicated Letter of Credit on the Restatement Effective Date, subject to approval by the Administrative Agent and the applicable Fronting Bank which shall not be unreasonably withheld or delayed) a notice in a form reasonably acceptable to the Administrative Agent (a “Participated Syndicated Letter of Credit Notice”) executed by an Authorized Officer requesting the Issuance of a Participated Syndicated Letter of Credit, or identifying the Participated Syndicated Letter of Credit to be amended, renewed, extended or increased increased, as the case may be, and specifying the date of Issuance (which shall be a Business Day), the date on which such Participated Syndicated Letter of Credit is to expire (which shall comply with Section 3.2(c3.1(c)), the amount of such Participated Syndicated Letter of Credit, whether such Participated Syndicated Letter of Credit is a Tranche 1 Letter of Credit or a Tranche 2 Letter of Credit, if a Tranche 1 Letter of Credit, whether such Participated Letter of Credit will be secured by Eligible Collateral, the Applicable Currency of such Participated Syndicated Letter of Credit, the name and address of the beneficiary thereof and the terms and conditions of (and such other information as shall be necessary to prepare, amend, renew, extend or increase, as the case may be, ) such Participated Syndicated Letter of Credit, it being understood and agreed that Participated Syndicated Letters of Credit may be extended and renewed in accordance with Section 3.2(c3.1(c). In addition to the delivery of any Participated Syndicated Letter of Credit Notice with respect to the Issuance of any Tranche 2 Letter of Credit as a Participated Syndicated Letter of Credit that is secured by Eligible CollateralCredit, the applicable Account Party shall deliver, if requested by the Administrative Agent, deliver to the Administrative Agent a Borrowing Base Report not later than 11:00 a.m., a.m. Charlotte time, time on the Business Day immediately preceding the date on which such Participated Syndicated Letter of Credit is to be Issued confirming that the sum of the aggregate Secured L/C Tranche 2 Letter of Credit Exposure attributable to such Account Party on whose account the Participated Syndicated Letter of Credit is being Issued and after giving effect thereto does not exceed the Borrowing Base of such Account Party at such time. If requested by any Fronting Bankthe Administrative Agent, the each Account Party shall submit a letter of credit application on such Fronting Bankthe Administrative Agent’s standard form (with such changes as such Fronting Bank the Administrative Agent shall reasonably deem appropriate) in connection with any request for a Participated Syndicated Letter of Credit. In the event of any inconsistency between the terms and conditions of this Agreement and the terms and conditions of any form of letter of credit application or other agreement submitted by such any Account Party to, or entered into by any Account Party with, any Fronting Bank the Administrative Agent relating to any Participated Syndicated Letter of Credit, the terms and conditions of this Agreement shall control.

Appears in 1 contract

Samples: Credit Agreement (Platinum Underwriters Holdings LTD)

Notice of Issuance. To request the Issuance of a Participated Letter of Credit, the applicable Account Credit Party shall hand deliver or deliver by facsimile telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable Fronting Bank) to the applicable Fronting Bank and the Administrative Agent (which shall, upon shall promptly notify the request of any Lender, applicable Lenders and provide to such Lender Lenders as soon as practicable a copy of the Participated Letter of Credit) at least five (5) Business Days in advance of the requested date of Issuance (or such shorter period as is acceptable to the Administrative Agent and such the Fronting Bank, including any request for the Issuance of a Participated Letter of Credit on the Restatement Effective Date, subject to approval by the Administrative Agent and the applicable Fronting Bank which shall not be unreasonably withheld or delayed) a notice in a form reasonably acceptable to the Administrative Agent (a “Participated Letter of Credit Notice”) executed by an Authorized Officer requesting the Issuance of a Participated Letter of Credit, or identifying the Participated Letter of Credit to be amended, renewed, extended or increased as the case may be, and specifying the date of Issuance (which shall be a Business Day), the date on which such Participated Letter of Credit is to expire (which shall comply with Section 3.2(c)), the amount of such Participated Letter of Credit, the Type of Letter of Credit and whether such Participated Letter of Credit is a Tranche 1 Letter of Credit or a Tranche 2 Letter of Credit, if a Tranche 1 Letter of Credit, whether such Participated Letter of Credit will be secured by Eligible Collateral, the Applicable Currency of such Participated Letter of CreditCurrency, the name and address of the beneficiary thereof and the terms and conditions of (and such other information as shall be necessary to prepare, amend, renew, extend or increase, as the case may be, ) such Participated Letter of Credit, it being understood and agreed that Participated Letters of Credit may be extended and renewed in accordance with Section 3.2(c). In addition to the delivery of any Participated Letter of Credit Notice with respect to the Issuance of any Letter of Credit as a secured Participated Letter of Credit that is secured by Eligible CollateralCredit, the applicable Account Credit Party shall deliver, if requested by the Administrative Agent, deliver to the Administrative Agent a Borrowing Base Report not later than 11:00 a.m., Charlotte time, on the Business Day immediately preceding the date on which such Participated Letter of Credit is to be Issued confirming that the aggregate Secured L/C Exposure attributable to such Account Party on whose account Collateral Balance Report concurrently with the Participated Letter of Credit is being Issued and Notice confirming that the aggregate secured Letter of Credit Exposure of such Credit Party after giving effect thereto to the Issuance thereof does not exceed the Borrowing Base L/C Collateral Balance of such Account Credit Party at such time. If requested by any the Fronting Bank, the Account Credit Party shall submit a letter of credit application on such the Fronting Bank’s standard form (with such changes as such the Fronting Bank shall reasonably deem appropriate) in connection with any request for a Participated Letter of Credit. In the event of any inconsistency between the terms and conditions of this Agreement and the terms and conditions of any form of letter of credit application or other agreement submitted by such Account Credit Party to, or entered into by any Account Credit Party with, any the Fronting Bank relating to any Participated Letter of Credit, the terms and conditions of this Agreement shall control.

Appears in 1 contract

Samples: Credit Agreement (Odyssey Re Holdings Corp)

Notice of Issuance. To request the Issuance of a Participated Syndicated Letter of Credit, the applicable Account Party shall hand deliver or deliver by facsimile telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable Fronting BankAdministrative Agent) to the applicable Fronting Bank and the Administrative Agent (which shall, upon will promptly notify the request of any Lender, applicable Lenders and provide to such Lender Lenders as soon as practicable a copy of the Participated Syndicated Letter of CreditCredit as well as the letter of credit application referred to below, if delivered to the Administrative Agent by such Account Party) at least five (5) Business Days in advance of the requested date of Issuance (or such shorter period as is acceptable to the Administrative Agent and such Fronting BankAgent, including with respect to any request for the Issuance issuance of a Participated Syndicated Letter of Credit on the Restatement Effective Date, subject to approval by the Administrative Agent and the applicable Fronting Bank which shall not be unreasonably withheld or delayed) a notice in a form reasonably acceptable to the Administrative Agent (a “Participated Syndicated Letter of Credit Notice”) executed by an Authorized Officer requesting the Issuance of a Participated Syndicated Letter of Credit, or identifying the Participated Syndicated Letter of Credit to be amended, renewed, extended or increased increased, as the case may be, and specifying the date of Issuance (which shall be a Business Day), the date on which such Participated Syndicated Letter of Credit is to expire (which shall comply with Section 3.2(c3.1(c)), the amount of such Participated Syndicated Letter of Credit, whether such Participated Syndicated Letter of Credit is a Tranche 1 Letter of Credit or a Tranche 2 Letter of Credit, if a Tranche 1 Letter in the case of Credit, whether such Participated Letter of Credit will be secured by Eligible CollateralPlatinum UK or Platinum Bermuda, the Applicable Currency of such Participated Syndicated Letter of Credit, the name and address of the beneficiary thereof and the terms and conditions of (and such other information as shall be necessary to prepare, amend, renew, extend or increase, as the case may be, ) such Participated Syndicated Letter of Credit, it being understood and agreed that Participated Syndicated Letters of Credit may be extended and renewed in accordance with Section 3.2(c3.1(c). In addition to the delivery of any Participated Syndicated Letter of Credit Notice with respect to the Issuance of any Tranche 2 Letter of Credit as a Participated Syndicated Letter of Credit that is secured by Eligible CollateralCredit, the applicable Account Party shall deliver, if requested by the Administrative Agent, deliver to the Administrative Agent a Borrowing Base Report not later than 11:00 a.m., a.m. Charlotte time, time on the Business Day immediately preceding the date on which such Participated Syndicated Letter of Credit is to be Issued confirming that the sum of the aggregate Secured L/C Tranche 2 Letter of Credit Exposure attributable to such Account Party on whose account the Participated Syndicated Letter of Credit is being Issued and after giving effect thereto does not exceed the Borrowing Base of such Account Party at such time. If requested by any Fronting Bankthe Administrative Agent, the each Account Party shall submit a letter of credit application on such Fronting Bankthe Administrative Agent’s standard form (with such changes as such Fronting Bank the Administrative Agent shall reasonably deem appropriate) in connection with any request for a Participated Syndicated Letter of Credit. In the event of any inconsistency between the terms and conditions of this Agreement and the terms and conditions of any form of letter of credit application or other agreement submitted by such any Account Party to, or entered into by any Account Party with, any Fronting Bank the Administrative Agent relating to any Participated Syndicated Letter of Credit, the terms and conditions of this Agreement shall control.

Appears in 1 contract

Samples: Credit Agreement (Platinum Underwriters Holdings LTD)

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Notice of Issuance. To request the Issuance of a Participated Letter of Credit, the applicable Account Party shall hand deliver or deliver by facsimile (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable Fronting Bank) to the applicable Fronting Bank and the Administrative Agent (which shall, upon the request of any Lender, provide to such Lender as soon as practicable a copy of the Participated Letter of Credit) at least five Business Days in advance of the requested date of Issuance (or such shorter period as is acceptable to the Administrative Agent and such Fronting Bank, including any request for the Issuance of a Participated Letter of Credit on the Restatement Effective Date, subject to approval by the Administrative Agent and the applicable Fronting Bank which shall not be unreasonably withheld or delayed) a notice in a form reasonably acceptable to the Administrative Agent (a “Participated Letter of Credit Notice”) executed by an Authorized Officer requesting the Issuance of a Participated Letter of Credit, or identifying the Participated Letter of Credit to be amended, renewed, extended or increased as the case may be, and specifying the date of Issuance (which shall be a Business Day), the date on which such Participated Letter of Credit is to expire (which shall comply with Section 3.2(c)), the amount of such Participated Letter of Credit, whether such Participated Letter of Credit is a Tranche 1 Letter of Credit or a Tranche 2 Letter of Credit, if a Tranche 1 Letter of Credit, whether such Participated Letter of Credit will be secured by Eligible Collateral, the Applicable Currency of such Participated Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew, extend or increase, as the case may be, such Participated Letter of Credit, it being understood and agreed that Participated Letters of Credit may be extended and renewed in accordance with Section 3.2(c). In addition to the delivery of any Participated Letter of Credit Notice with respect to the Issuance of any Letter of Credit as a Participated Letter of Credit that is secured by Eligible CollateralNotice, the applicable Account Party shall deliver, if requested by the Administrative Agent, to the Administrative Agent a Borrowing Base Report not later than 11:00 a.m., Charlotte time, on the Business Day immediately preceding the date on which such Participated Letter of Credit is to be Issued confirming that the aggregate Secured L/C Exposure attributable to Obligations of such Account Party on whose account the Participated Letter of Credit is being Issued and after giving effect thereto does not exceed the Borrowing Base of such Account Party at such time. If requested by any Fronting Bank, the Account Party shall submit a letter of credit application on such Fronting Bank’s standard form (with such changes as such Fronting Bank shall reasonably deem appropriate) in connection with any request for a Participated Letter of Credit. In the event of any inconsistency between the terms and conditions of this Agreement and the terms and conditions of any form of letter of credit application or other agreement submitted by such Account Party to, or entered into by any Account Party with, any Fronting Bank relating to any Participated Letter of Credit, the terms and conditions of this Agreement shall control.

Appears in 1 contract

Samples: Credit Agreement (Platinum Underwriters Holdings LTD)

Notice of Issuance. To request the Issuance of a Participated Letter of Credit, the applicable Account Party shall hand deliver or deliver by facsimile telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable Fronting Bank) to the applicable Fronting Bank and the Administrative Agent (which shall, upon shall promptly notify the request of any Lender, applicable Lenders and provide to such Lender Lenders as soon as practicable a copy of the Participated Letter of Credit) at least five (5) Business Days in advance of the requested date of Issuance (or such shorter period as is acceptable to the Administrative Agent and such Fronting Bank, including any request for the Issuance of a Participated Letter of Credit on the Restatement Effective Date, subject to approval by the Administrative Agent and the applicable Fronting Bank which shall not be unreasonably withheld or delayed) a notice in a form reasonably acceptable to the Administrative Agent (a “Participated Letter of Credit Notice”) executed by an Authorized Officer requesting the Issuance of a Participated Letter of Credit, or identifying the Participated Letter of Credit to be amended, renewed, extended or increased as the case may be, and specifying the date of Issuance (which shall be a Business Day), the date on which such Participated Letter of Credit is to expire (which shall comply with Section 3.2(c)), the amount of such Participated Letter of Credit, whether such Participated Letter of Credit is a Tranche 1 Letter of Credit or a Tranche 2 Letter of Credit, if a Tranche 1 Letter of Credit, whether such Participated Letter of Credit will be secured by Eligible Collateral, the Applicable Currency of such Participated Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew, extend or increase, as the case may be, ) such Participated Letter of Credit, it being understood and agreed that Participated Letters of Credit may be extended and renewed in accordance with Section 3.2(c). In addition to the delivery of any Participated Letter of Credit Notice with respect to the Issuance of any Letter of Credit as a Participated Letter of Credit that is secured by Eligible Collateral, the applicable Account Party shall deliver, if requested by the Administrative Agent, to the Administrative Agent a Borrowing Base Report not later than 11:00 a.m., Charlotte time, on the Business Day immediately preceding the date on which such Participated Letter of Credit is to be Issued confirming that the aggregate Secured L/C Exposure attributable to such Account Party on whose account the Participated Letter of Credit is being Issued and after giving effect thereto does not exceed the Borrowing Base of such Account Party at such time. If requested by any Fronting Bank, the Account Party shall submit a letter of credit application on such Fronting Bank’s standard form (with such changes as such Fronting Bank shall reasonably deem appropriate) in connection with any request for a Participated Letter of Credit. In the event of any inconsistency between the terms and conditions of this Agreement and the terms and conditions of any form of letter of credit application or other agreement submitted by such Account Party to, or entered into by any Account Party with, any Fronting Bank relating to any Participated Letter of Credit, the terms and conditions of this Agreement shall control.

Appears in 1 contract

Samples: Credit Agreement (Platinum Underwriters Holdings LTD)

Notice of Issuance. To request the Issuance of a Participated Syndicated Letter of Credit, the applicable Account Party Allied World shall hand deliver or deliver by facsimile telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable Fronting BankL/C Agent) to the applicable Fronting Bank and the Administrative L/C Agent (which shall, upon will promptly notify the request of any Lender, applicable Lenders and provide to such Lender Lenders as soon as practicable a copy of the Participated Syndicated Letter of Credit) at least five 3 Business Days in advance of the requested date of Issuance (or such shorter period as is acceptable to the Administrative Agent and such Fronting BankL/C Agent, including with respect to any request for the Issuance issuance of a Participated Syndicated Letter of Credit on the Restatement Effective Closing Date, subject to approval by the Administrative Agent and the applicable Fronting Bank which shall not be unreasonably withheld or delayedL/C Agent) a notice in a form reasonably acceptable to the Administrative L/C Agent (a “Participated Syndicated Letter of Credit Notice”) executed by an Authorized Officer requesting the Issuance of a Participated Syndicated Letter of Credit, or identifying the Participated Syndicated Letter of Credit to be amended, renewed, extended or increased increased, as the case may be, and specifying the date of Issuance (which shall be a Business Day), the date on which such Participated Syndicated Letter of Credit is to expire (which shall comply with Section 3.2(c2.1(c)), the amount of such Participated Syndicated Letter of Credit, whether such Participated Letter of Credit is a Tranche 1 Letter of Credit or a Tranche 2 Letter of Credit, if a Tranche 1 Letter of Credit, whether such Participated Letter of Credit will be secured by Eligible Collateral, the Applicable Currency of such Participated Syndicated Letter of Credit, the name and address of the beneficiary thereof and the terms and conditions of (and such other information as shall be necessary to prepare, amend, renew, extend or increase, as the case may be, ) such Participated Syndicated Letter of Credit, it being understood and agreed that Participated Syndicated Letters of Credit may be extended and renewed in accordance with Section 3.2(c2.1(c). In addition to the delivery of any Participated Syndicated Letter of Credit Notice with respect to the Issuance of any Letter of Credit as a Participated Letter of Credit that is secured by Eligible CollateralNotice, the applicable Account Party Allied World shall deliver, if requested by the Administrative Agent, deliver to the Administrative Agent a Borrowing Collateral Base Report not later than 11:00 a.m.a.m. Charlotte, Charlotte time, North Carolina time on the Business Day immediately preceding the date on which such Participated Syndicated Letter of Credit is to be Issued confirming that the aggregate Secured L/C Exposure attributable to such Account Party on whose account the Participated Letter of Credit is being Issued and Minimum Collateral Amount, after giving effect thereto to such Issuance, does not exceed the Borrowing Collateral Base of such Account Party at such time. If requested by any Fronting Bankthe L/C Agent, the Account Party Allied World shall submit a letter of credit application on such Fronting Bankthe L/C Agent’s standard form (with such changes as such Fronting Bank the L/C Agent shall reasonably deem appropriate) in connection with any request for a Participated Syndicated Letter of Credit. In the event of any inconsistency between the terms and conditions of this Agreement and the terms and conditions of any form of letter of credit application or other agreement submitted by such Account Party to, or entered into by any Account Party with, any Fronting Bank Allied World to the L/C Agent relating to any Participated Syndicated Letter of Credit, the terms and conditions of this Agreement shall control.

Appears in 1 contract

Samples: Credit Agreement (Allied World Assurance Co Holdings LTD)

Notice of Issuance. To request the Issuance of a Participated Syndicated Letter of Credit, the applicable Account Credit Party shall hand deliver or deliver by facsimile telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable Fronting BankAdministrative Agent) to the applicable Fronting Bank and the Administrative Agent (which shall, upon will promptly notify the request of any Lender, applicable Lenders and provide to such Lender Lenders as soon as practicable a copy of the Participated Syndicated Letter of Credit) Credit at least five (5) Business Days in advance of the requested date of Issuance (or such shorter period as is acceptable to the Administrative Agent and such Fronting BankAgent, including with respect to any request for the Issuance issuance of a Participated Syndicated Letter of Credit on the Restatement Effective Date, subject to approval by the Administrative Agent and the applicable Fronting Bank which shall not be unreasonably withheld or delayed) a notice in a form reasonably acceptable to the Administrative Agent (a “Participated Syndicated Letter of Credit Notice”) executed by an Authorized Officer requesting the Issuance of a Participated Syndicated Letter of Credit, or identifying the Participated Syndicated Letter of Credit to be amended, renewed, extended or increased increased, as the case may be, and specifying the date of Issuance (which shall be a Business Day), the date on which such Participated Syndicated Letter of Credit is to expire (which shall comply with Section 3.2(c3.1(c)), the amount of such Participated Syndicated Letter of Credit, the Type of Letter of Credit and whether such Participated Syndicated Letter of Credit is a Tranche 1 Letter of Credit or a Tranche 2 Letter of Credit, if a Tranche 1 Letter of Credit, whether such Participated Letter of Credit will be secured by Eligible Collateral, the Applicable Currency of such Participated Syndicated Letter of Credit, the name and address of the beneficiary thereof and the terms and conditions of (and such other information as shall be necessary to prepare, amend, renew, extend or increase, as the case may be, ) such Participated Syndicated Letter of Credit, it being understood and agreed that Participated Syndicated Letters of Credit may be extended and renewed in accordance with Section 3.2(c3.1(c). In addition to the delivery of any Participated Syndicated Letter of Credit Notice with respect to the Issuance of any secured Syndicated Letter of Credit as a Participated Letter of Credit that is secured by Eligible CollateralCredit, the applicable Account Credit Party shall deliver, if requested by the Administrative Agent, deliver to the Administrative Agent a Borrowing Base L/C Collateral Balance Report not later than 11:00 a.m., Charlotte time, on the Business Day immediately preceding the date on which concurrently with such Participated Syndicated Letter of Credit is to be Issued Notice confirming that the sum of the aggregate Secured L/C secured Letter of Credit Exposure attributable to such Account Credit Party on whose account the Participated Letter of Credit is being Issued and after giving effect thereto does not exceed the Borrowing Base L/C Collateral Balance of such Account Credit Party at such time. If requested by any Fronting Bankthe Administrative Agent, the Account each Credit Party shall submit a letter of credit application on such Fronting Bankthe Administrative Agent’s standard form (with such changes as such Fronting Bank the Administrative Agent shall reasonably deem appropriate) in connection with any request for a Participated Syndicated Letter of Credit. In the event of any inconsistency between the terms and conditions of this Agreement and the terms and conditions of any form of letter of credit application or other agreement submitted by such Account any Credit Party to, or entered into by any Account Credit Party with, any Fronting Bank the Administrative Agent relating to any Participated Syndicated Letter of Credit, the terms and conditions of this Agreement shall control.

Appears in 1 contract

Samples: Credit Agreement (Odyssey Re Holdings Corp)

Notice of Issuance. To request the Issuance of a Participated Syndicated Letter of Credit, the applicable Account Party Borrower shall hand deliver or deliver by facsimile telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable Fronting BankL/C Agent) to the applicable Fronting Bank and the Administrative L/C Agent (which shall, upon will promptly notify the request of any Lender, applicable Lenders and provide to such Lender Lenders as soon as practicable a copy of the Participated Syndicated Letter of Credit) at least five 3 Business Days in advance of the requested date of Issuance (or such shorter period as is acceptable to the Administrative Agent and such Fronting BankL/C Agent, including with respect to any request for the Issuance issuance of a Participated Syndicated Letter of Credit on the Restatement Effective Closing Date, subject to approval by the Administrative Agent and the applicable Fronting Bank which shall not be unreasonably withheld or delayedL/C Agent) a notice in a form reasonably acceptable to the Administrative L/C Agent (a “Participated Syndicated Letter of Credit Notice”) executed by an Authorized Officer requesting the Issuance of a Participated Syndicated Letter of Credit, or identifying the Participated Syndicated Letter of Credit to be amended, renewed, extended or increased increased, as the case may be, and specifying the date of Issuance (which shall be a Business Day), the date on which such Participated Syndicated Letter of Credit is to expire (which shall comply with Section 3.2(c3.1(c)), the amount of such Participated Letter of Credit, whether such Participated Letter of Credit is a Tranche 1 Letter of Credit or a Tranche 2 Letter of Credit, if a Tranche 1 Letter of Credit, whether such Participated Letter of Credit will be secured by Eligible Collateral, the Applicable Currency of such Participated Syndicated Letter of Credit, the name and address of the beneficiary thereof and the terms and conditions of (and such other information as shall be necessary to prepare, amend, renew, extend or increase, as the case may be, ) such Participated Syndicated Letter of Credit, it being understood and agreed that Participated Syndicated Letters of Credit may be extended and renewed in accordance with Section 3.2(c3.1(c). In addition to the delivery of any Participated Letter of Credit Notice with respect to the Issuance of any Letter of Credit as a Participated Letter of Credit that is secured by Eligible Collateral, the applicable Account Party shall deliver, if requested by the Administrative Agent, to the Administrative Agent a Borrowing Base Report not later than 11:00 a.m., Charlotte time, on the Business Day immediately preceding the date on which such Participated Letter of Credit is to be Issued confirming that the aggregate Secured L/C Exposure attributable to such Account Party on whose account the Participated Letter of Credit is being Issued and after giving effect thereto does not exceed the Borrowing Base of such Account Party at such time. If requested by any Fronting Bankthe L/C Agent, the Account Party applicable Borrower shall submit a letter of credit application on such Fronting Bankthe L/C Agent’s standard form (with such changes as such Fronting Bank the L/C Agent shall reasonably deem appropriate) in connection with any request for a Participated Syndicated Letter of Credit. In the event of any inconsistency between the terms and conditions of this Agreement and the terms and conditions of any form of letter of credit application or other agreement submitted by such Account Party to, or entered into by any Account Party with, any Fronting Bank Borrower to the L/C Agent relating to any Participated Syndicated Letter of Credit, the terms and conditions of this Agreement shall control.

Appears in 1 contract

Samples: Credit Agreement (Allied World Assurance Co Holdings LTD)

Notice of Issuance. To request the Issuance of a Participated Letter of Credit, the applicable Account Party shall hand deliver or deliver by facsimile telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable Fronting Bank) to the applicable Fronting Bank and the Administrative Agent (which shall, upon shall promptly notify the request of any Lender, applicable Lenders and provide to such Lender Lenders as soon as practicable a copy of the Participated Letter of CreditCredit as well as the letter of credit application referred to below if delivered to the Fronting Bank) at least five (5) Business Days in advance of the requested date of Issuance (or such shorter period as is acceptable to the Administrative Agent and such the Fronting Bank, including any request for the Issuance of a Participated Letter of Credit on the Restatement Effective Date, subject to approval by the Administrative Agent and the applicable Fronting Bank which shall not be unreasonably withheld or delayed) a notice in a form reasonably acceptable to the Administrative Agent (a “Participated Letter of Credit Notice”) executed by an Authorized Officer requesting the Issuance of a Participated Letter of Credit, or identifying the Participated Letter of Credit to be amended, renewed, extended or increased as the case may be, and specifying the date of Issuance (which shall be a Business Day), the date on which such Participated Letter of Credit is to expire (which shall comply with Section 3.2(c)), the amount of such Participated Letter of Credit, whether such Participated Letter in the case of Credit is a Tranche 1 Letter of Credit Platinum UK or a Tranche 2 Letter of Credit, if a Tranche 1 Letter of Credit, whether such Participated Letter of Credit will be secured by Eligible CollateralPlatinum Bermuda, the Applicable Currency of such Participated Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew, extend or increase, as the case may be, ) such Participated Letter of Credit, it being understood and agreed that Participated Letters of Credit may be extended and renewed in accordance with Section 3.2(c). In addition to the delivery of any Participated Letter of Credit Notice with respect to the Issuance of any Tranche 2 Letter of Credit as a Participated Letter of Credit that is secured by Eligible CollateralCredit, the applicable Account Party shall deliver, if requested by the Administrative Agent, deliver to the Administrative Agent a Borrowing Base Report not later than 11:00 a.m., a.m. Charlotte time, time on the Business Day immediately preceding the date on which such Participated Letter of Credit is to be Issued confirming that the sum of the aggregate Secured L/C Tranche 2 Letter of Credit Exposure attributable to such Account Party on whose account the Participated Letter of Credit is being Issued and after giving effect thereto does not exceed the Borrowing Base of such Account Party at such time. If requested by any the Fronting Bank, the Account Party shall submit a letter of credit application on such the Fronting Bank’s standard form (with such changes as such the Fronting Bank shall reasonably deem appropriate) in connection with any request for a Participated Letter of Credit. In the event of any inconsistency between the terms and conditions of this Agreement and the terms and conditions of any form of letter of credit application or other agreement submitted by such Account Party to, or entered into by any Account Party with, any the Fronting Bank relating to any Participated Letter of Credit, the terms and conditions of this Agreement shall control.

Appears in 1 contract

Samples: Credit Agreement (Platinum Underwriters Holdings LTD)

Notice of Issuance. To request the Issuance of a Participated Syndicated Letter of Credit, the applicable Account Party shall hand deliver or deliver by facsimile (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable Fronting BankAdministrative Agent) to the applicable Fronting Bank and the Administrative Agent (which shall, upon the request of any Lender, provide to such Lender as soon as practicable a copy of the Participated Syndicated Letter of Credit) at least five Business Days in advance of the requested date of Issuance (or such shorter period as is acceptable to the Administrative Agent and such Fronting BankAgent, including with respect to any request for the Issuance issuance of a Participated Syndicated Letter of Credit on the Restatement Effective Date, subject to approval by the Administrative Agent and the applicable Fronting Bank which shall not be unreasonably withheld or delayed) a notice in a form reasonably acceptable to the Administrative Agent (a “Participated Syndicated Letter of Credit Notice”) executed by an Authorized Officer requesting the Issuance of a Participated Syndicated Letter of Credit, or identifying the Participated Syndicated Letter of Credit to be amended, renewed, extended or increased increased, as the case may be, and specifying the date of Issuance (which shall be a Business Day), the date on which such Participated Syndicated Letter of Credit is to expire (which shall comply with Section 3.2(c3.1(c)), the amount of such Participated Syndicated Letter of Credit, whether such Participated Letter of Credit is a Tranche 1 Letter of Credit or a Tranche 2 Letter of Credit, if a Tranche 1 Letter of Credit, whether such Participated Letter of Credit will be secured by Eligible Collateral, the Applicable Currency of such Participated Syndicated Letter of Credit, the name and address of the beneficiary thereof and the terms and conditions of (and such other information as shall be necessary to prepare, amend, renew, extend or increase, as the case may be, ) such Participated Syndicated Letter of Credit, it being understood and agreed that Participated Syndicated Letters of Credit may be extended and renewed in accordance with Section 3.2(c3.1(c). In addition to the delivery of any Participated Syndicated Letter of Credit Notice with respect to the Issuance of any Letter of Credit as a Participated Letter of Credit that is secured by Eligible CollateralNotice, the applicable Account Party shall deliver, if requested by the Administrative Agent, to the Administrative Agent a Borrowing Base Report not later than 11:00 a.m., Charlotte time, on the Business Day immediately preceding the date on which such Participated Syndicated Letter of Credit is to be Issued confirming that the aggregate Secured L/C Exposure attributable to Obligations of such Account Party on whose account the Participated Syndicated Letter of Credit is being Issued and after giving effect thereto does not exceed the Borrowing Base of such Account Party at such time. If requested by any Fronting Bankthe Administrative Agent, the each Account Party shall submit a letter of credit application on such Fronting Bankthe Administrative Agent’s standard form (with such changes as such Fronting Bank the Administrative Agent shall reasonably deem appropriate) in connection with any request for a Participated Syndicated Letter of Credit. In the event of any inconsistency between the terms and conditions of this Agreement and the terms and conditions of any form of letter of credit application or other agreement submitted by such any Account Party to, or entered into by any Account Party with, any Fronting Bank the Administrative Agent relating to any Participated Syndicated Letter of Credit, the terms and conditions of this Agreement shall control.

Appears in 1 contract

Samples: Credit Agreement (Platinum Underwriters Holdings LTD)

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