Notices of Issuance. Requests for the issuance of Standby Letters of Credit (or to amend, renew or extend an outstanding Standby Letter of Credit) may be made only once per business day and shall be made on notice, given not later than 11:00 a.m. (Hartford, Connecticut time) two (2) business days prior to the date of the proposed issuance or amendment, renewal or extension, by any Obligor to Lender. Each such notice (which notice shall be irrevocable and binding on the Obligors) of issuance, amendment, renewal or extension shall be by telephone, confirmed immediately in writing, or by telex or telecopier, specifying therein the (i) requested date of such issuance, amendment, renewal or extension (which shall be a business day), (ii) requested principal amount of such Standby Letter of Credit in Dollars, (iii) requested expiration date of such Standby Letter of Credit (which shall comply with subsection (c) below), (iv) whether such Standby Letter of Credit is renewable, and (v) names and addresses of the intended account party and the beneficiary of such Standby Letter of Credit, and shall be accompanied by a fully executed application and agreement for letter of credit as Lender may require of Obligors for use in connection with such requested Standby Letter of Credit (each a "Reimbursement Agreement") and such Obligor's payment of the Lender's then current Standby Letter of Credit fee. If the requested form of such Standby Letter of Credit is acceptable to Lender, Lender will make such Standby Letter of Credit available to such Obligor at its office referred to in the first paragraph of this Agreement or as otherwise agreed with such Obligor in connection with such issuance. In the event and to the extent that the provisions of any Reimbursement Agreement shall conflict with this Agreement, the provisions of this Agreement shall govern.
Appears in 2 contracts
Samples: Agreement (Vermont Pure Holdings LTD/De), Loan and Security Agreement (Vermont Pure Holdings LTD/De)
Notices of Issuance. Requests for the issuance of Standby Letters of Credit (or to amend, renew or extend an outstanding Standby Letter of Credit) may be made only once per business day Business Day and shall be made on notice, given not later than 11:00 a.m. (Hartford, Connecticut time) two (2) business days Business Days prior to the date of the proposed issuance or amendment, renewal or extension, by any Obligor to LenderAgent. Each such notice (which notice shall be irrevocable and binding on the Obligors) of issuance, amendment, renewal or extension shall be by telephone, confirmed immediately in writing, or by telex or telecopier, specifying therein the (i) requested date of such issuance, amendment, renewal or extension (which shall be a business dayBusiness Day), (ii) requested principal amount of such Standby Letter of Credit in U.S. Dollars, (iii) requested expiration date of such Standby Letter of Credit (which shall comply with subsection (c) below), (iv) whether such Standby Letter of Credit is renewable, and (v) names and addresses of the intended account party and the beneficiary of such Standby Letter of Credit, and shall be accompanied by a fully executed application and agreement for letter of credit as Lender Agent may require of Obligors for use in connection with such requested Standby Letter of Credit (each a "Reimbursement Agreement") and such Obligor's payment of the LenderAgent's then current Standby Letter of Credit fee. If the requested form of such Standby Letter of Credit is acceptable to LenderAgent, Lender Agent will make such Standby Letter of Credit available to such Obligor at its office referred to in the first paragraph of this Agreement or as otherwise agreed with such Obligor in connection with such issuance. In the event and to the extent that the provisions of any Reimbursement Agreement shall conflict with this Agreement, the provisions of this Agreement shall govern.
Appears in 1 contract
Samples: Loan and Security Agreement (Vermont Pure Holdings LTD/De)
Notices of Issuance. Requests for the issuance of Standby Letters of Credit (or to amend, renew or extend an outstanding Standby Letter of Credit) may be made only once per business day Business Day and shall be made on notice, given not later less than 11:00 a.m. five (Hartford5) Business Days before the proposed Issuance Date, Connecticut time) two (2) business days prior by the Borrower to the date of the proposed issuance or amendment, renewal or extension, by any Obligor to LenderBank. Each such notice (which notice shall be irrevocable and binding on the ObligorsBorrower) of issuance, amendment, renewal or extension issuance of a Standby Letter of Credit (a "Notice of Issuance") shall be by telephone, confirmed immediately in writing, or by telex or telecopier, specifying therein the requested (i) requested date of such issuance, amendment, renewal or extension proposed Issuance Date (which shall be a business dayBusiness Day), (ii) requested principal amount Available Amount of such Standby Letter of Credit in Dollars, (iii) requested expiration date of such Standby Letter of Credit (which shall comply with subsection (c) below)Credit, (iv) whether name and address of the beneficiary of such Standby Letter of Credit is renewableCredit, and (v) names and addresses of the intended account party and the beneficiary form of such Standby Letter of Credit, and shall be accompanied by a fully executed such application and agreement for letter of credit substantially in the form of EXHIBIT B hereto, or in the form, if any, as Lender the Bank may require of Obligors otherwise specify to the Borrower for use in connection with such requested Standby Letter of Credit (each a "Reimbursement Continuing Letter of Credit Agreement") ), and such Obligor's payment a certified copy of the Lender's then current applicable Export Contract and the underlying letter of credit issued in favor of the Borrower for the account of the Buyer in connection therewith. To be eligible to request the issuance of any Standby Letter of Credit feeCredit, the Borrower must also submit to the Bank, together with its Notice of Issuance, a Borrowing Base Certificate in the form of EXHIBIT C attached hereto (together with the attachments referred to therein) which shall, to the extent required by Section 7.5 hereof, be current as of the date of such Notice of Issuance. If the requested form of such Standby Letter of Credit is acceptable to Lenderthe Bank in its sole discretion, Lender will the Bank will, upon fulfillment of the applicable conditions set forth in Article VII hereof, make such Standby Letter of Credit available to such Obligor the Borrower at its office referred to in the first paragraph of this Agreement or as otherwise agreed with such Obligor in the Borrower is connection with such issuance. The Bank reserves the right, in its sole discretion, to not issue Letters of Credit in favor of beneficiaries domiciled in countries deemed by the Bank to possess an inordinate amount of risk, whether that risk is related to economic, political, or other circumstances. In the event and to the extent that the provisions of any Reimbursement Continuing Letter of Credit Agreement shall conflict with this Agreement, the provisions of this Agreement shall govern.
Appears in 1 contract
Samples: Export Credit and Security Agreement (American Science & Engineering Inc)