Common use of Procedure for Issuance of Letters of Credit Clause in Contracts

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an Issuing Lender issue a Letter of Credit by delivering to such Issuing Lender at such Issuing Lender’s Lending Office and to the Administrative Agent at the Administrative Agent’s Office a Letter of Credit Application therefor, completed to the reasonable satisfaction of the applicable Issuing Lender and the Administrative Agent, and such other certificates, documents and other papers and information as such Issuing Lender and the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated). Upon receipt of any Letter of Credit Application and the L/C Supporting Documentation, the applicable Issuing Lender shall process such Letter of Credit Application and the L/C Supporting Documentation delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article V, promptly issue the Letter of Credit requested thereby (but in no event shall the applicable Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable Issuing Lender and the Borrower. The applicable Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit and the Administrative Agent shall promptly notify each Lender of the issuance of such Letter of Credit and, upon request by any Lender, furnish to such Lender a copy of such Letter of Credit and the amount of such Lender’s participation therein.

Appears in 6 contracts

Samples: Seventh Amendment (Bowater Inc), Fourth Amendment (AbitibiBowater Inc.), Credit Agreement (Bowater Inc)

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Procedure for Issuance of Letters of Credit. (a) The Borrower may Representative may, from time to time during the Commitment Period but in no event later than the 30th day prior to the Termination Date, request that an Issuing Lender issue a Letter of Credit by delivering to such Issuing Lender at such Issuing Lender’s Lending Office and to the Administrative Agent at its address for notices specified herein, an L/C Request therefor in the Administrative Agent’s Office a Letter form of Credit Application therefor, Exhibit J-2 hereto (completed to the reasonable satisfaction of the applicable such Issuing Lender and the Administrative AgentLender), and such other certificates, documents and other papers and information as such Issuing Lender and the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)request. Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationRequest, the applicable such Issuing Lender shall will process such Letter of Credit Application and the L/C Supporting Documentation Request and the certificates, documents and other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article V, shall promptly issue the Letter of Credit requested thereby (but in no event shall the applicable an Issuing Lender be required required, unless otherwise agreed to by such Issuing Lender, to issue any Letter of Credit earlier than three (3) five Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation Request therefor and all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable such Issuing Lender and the BorrowerBorrower Representative. The applicable Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit to the Borrower Representative promptly following the issuance thereof. Upon the issuance of any Letter of Credit or amendment, renewal, extension or modification to a Letter of Credit, the applicable Issuing Lender shall promptly notify the Administrative Agent, who shall promptly notify each Lender, thereof, which notice shall specify the amount of such Lender’s respective participation in such Letter of Credit pursuant to Subsection 3.4. If the applicable Issuing Lender is not the same person as the Administrative Agent, on the first Business Day of each calendar month, such Issuing Lender shall provide to the Administrative Agent a report listing all outstanding Letters of Credit and the amounts thereof and the Administrative Agent shall promptly notify provide such report to each Lender of the issuance of such Letter of Credit and, upon request by any Lender, furnish to such Lender a copy of such Letter of Credit and the amount of such Lender’s participation therein.

Appears in 5 contracts

Samples: Credit Agreement (Core & Main, Inc.), Credit Agreement (Core & Main, Inc.), Abl Credit Agreement (Core & Main, Inc.)

Procedure for Issuance of Letters of Credit. The Borrower Borrowers’ Representative may from time to time request that an the Issuing Lender issue a Letter of Credit by delivering to such Issuing Lender at such Issuing Lender’s Lending Office and to the Administrative Agent at the Administrative Agent’s Office a Letter of Credit Application therefor, completed to the reasonable satisfaction of the applicable Issuing Lender and the Administrative AgentAgent at their respective addresses for notices specified herein a letter of credit application in the Issuing Lender’s then customary form (an “L/C Application”) completed to the satisfaction of the Issuing Lender, and such other certificates, documents and other papers and information as such may be customary and as the Issuing Lender and the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)request. Upon receipt of any Letter of Credit L/C Application, the Issuing Lender will process such L/C Application and the L/C Supporting Documentationcertificates, the applicable Issuing Lender shall process such Letter of Credit Application documents and the L/C Supporting Documentation other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving procedures. Upon receipt by the same and receiving Issuing Lender of confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of CreditCredit will not contravene subsection 3.1, subject to Section 3.1 and Article V, the Issuing Lender shall promptly issue the Letter of Credit requested thereby (but in no event shall the applicable Issuing Lender be required to issue any Letter of Credit earlier than three (3) one Business Days Day after its receipt of the Letter of Credit L/C Application therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable Issuing Lender and the BorrowerBorrowers’ Representative. The applicable Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit to the Borrower’s Representative and the Administrative Agent promptly following the issuance thereof, and, thereafter, the Administrative Agent shall promptly notify each Lender of the issuance of such Letter of Credit and, upon request by any Lender, furnish to such Lender a copy of such Letter of Credit and thereof to the amount of such Lender’s participation thereinLenders.

Appears in 5 contracts

Samples: Credit Agreement (El Paso Production Holding Co), Credit Agreement (El Paso Corp/De), Credit Agreement (El Paso CGP Co)

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an any Issuing Lender issue a Letter of Credit by delivering to such Issuing Lender at such Issuing Lender’s Lending Office and its applicable office (with a copy to the Administrative Agent at the Administrative Agent’s Office Office) a Letter of Credit Application therefor, completed to the reasonable satisfaction of the applicable such Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such Issuing Lender and or the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)request. Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationApplication, the applicable Issuing Lender shall process such Letter of Credit Application and the L/C Supporting Documentation certificates, documents and other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article VVI, promptly issue the Letter of Credit requested thereby (but in no event shall the applicable such Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable such Issuing Lender and the Borrower. The applicable Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit and the Administrative Agent shall promptly notify each Revolving Credit Lender of the issuance of such Letter of Credit and, and upon request by any Lender, furnish to such Revolving Credit Lender a copy of such Letter of Credit and the amount of such Revolving Credit Lender’s participation therein.

Appears in 5 contracts

Samples: First Amendment and Lender Joinder Agreement (SYNAPTICS Inc), Credit Agreement (SYNAPTICS Inc), Credit Agreement (SYNAPTICS Inc)

Procedure for Issuance of Letters of Credit. The Each Borrower may from time to time request that an the Issuing Lender issue (or amend, renew or extend) a Letter of Credit by delivering to such Issuing Lender at such the Issuing Lender’s Lending Office and , with a copy to the Administrative Agent at the Administrative Agent’s Office a Letter of Credit Application therefor, completed to the reasonable satisfaction of the applicable Issuing Lender and the Administrative Agent, in each case, at the applicable address for notices specified herein (i) an Application therefor, specifying whether such Letter of Credit is to be a Tranche A Letter of Credit (in which case such Letter of Credit when issued shall be deemed to use the Tranche A Commitments to the extent of the amount of such Letter of Credit) or a Tranche B Letter of Credit (in which case such Letter of Credit when issued shall be deemed to use the Tranche B Commitments to the extent of the amount of each Letter of Credit) and otherwise completed to the satisfaction of the Issuing Lender, and (ii) such other certificates, documents and other papers and information as such the Issuing Lender and the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)request. Upon receipt of any Letter of Credit Application, the Issuing Lender will confirm with the Administrative Agent (by telephone or in writing) that the limitations contained in Section 3.1(a) shall not be violated and shall then process such Application and the L/C Supporting Documentationcertificates, the applicable Issuing Lender shall process such Letter of Credit Application documents and the L/C Supporting Documentation other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article V, shall promptly issue (or amend, renew or extend) the Letter of Credit requested thereby (but in no event shall the applicable Issuing Lender be required to issue (or amend, renew or extend) any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit (or amendment, renewal or extension) to the beneficiary thereof or as otherwise may be agreed by the applicable Issuing Lender and the applicable Borrower. The applicable Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit (or amendment, renewal or extension) to the applicable Borrower and the Administrative Agent promptly following the issuance thereof, and the Administrative Agent shall promptly notify each Lender of the issuance of such Letter of Credit and, upon request by any Lender, furnish to such Lender a copy of such Letter of Credit and the amount of such Lender’s participation thereinLenders thereof.

Appears in 5 contracts

Samples: Credit Agreement (Kimco Realty Corp), Credit Agreement (Kimco Realty Corp), Credit Agreement (Kimco Realty Corp)

Procedure for Issuance of Letters of Credit. (a) The Borrower may Representative may, from time to time during the Commitment Period but in no event later than the 30th day prior to the Termination Date, request that an Issuing Lender issue a Letter of Credit by delivering to such Issuing Lender at such Issuing Lender’s Lending Office and to the Administrative Agent at its address for notices specified herein, an L/C Request therefor in the Administrative Agent’s Office a Letter of Credit Application therefor, form Exhibit J hereto (completed to the reasonable satisfaction of the applicable such Issuing Lender and the Administrative AgentLender), and such other certificates, documents and other papers and information as such Issuing Lender and the Administrative Agent may reasonably request (the “request. Each L/C Supporting Documentation”) (which information Request shall include specify the Permitted Designated Foreign Currency in which the requested Letter of Credit shall is to be denominateddenominated (or specify that the requested Letter of Credit is to be denominated in Dollars). Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationRequest, the applicable such Issuing Lender shall will process such Letter of Credit Application and the L/C Supporting Documentation Request and the certificates, documents and other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article V, shall promptly issue the Letter of Credit requested thereby (but in no event shall the applicable an Issuing Lender be required required, unless otherwise agreed to by such Issuing Lender, to issue any Letter of Credit earlier than three five (35) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation Request therefor and all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable such Issuing Lender and the BorrowerBorrower Representative. The applicable Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit and to the Borrower Representative promptly following the issuance thereof. Upon the issuance of any Letter of Credit or amendment, renewal, extension or modification to a Letter of Credit, the applicable Issuing Lender shall promptly notify the Administrative Agent Agent, who shall promptly notify each Lender of the issuance Lender, thereof, which notice shall be accompanied by a copy of such Letter of Credit andor amendment, upon request by any Lenderrenewal, furnish extension or modification to such Lender a copy of such Letter of Credit and the amount of such Lender’s respective participation thereinin such Letter of Credit pursuant to Subsection 3.4. If the applicable Issuing Lender is not the same person as the Administrative Agent, on the first Business Day of each calendar month, such Issuing Lender shall provide to the Administrative Agent a report listing all outstanding Letters of Credit and the amounts and beneficiaries thereof and the Administrative Agent shall promptly provide such report to each Lender.

Appears in 5 contracts

Samples: Credit Agreement (Atkore International Group Inc.), Credit Agreement (Atkore International Group Inc.), Intercreditor Agreement (Atkore International Group Inc.)

Procedure for Issuance of Letters of Credit. (i) The Borrower may from time to time request during the Initial Revolving Commitment Period but in no event later than the 30th day prior to the Initial Revolving Maturity Date (unless otherwise agreed by the applicable Issuing Bank) that an Issuing Lender issue Bank issues a Letter of Credit by delivering to such Issuing Lender at such Issuing Lender’s Lending Office Bank and to the Administrative Agent at the Administrative Agent’s Office , at their respective addresses for notices specified herein, a Letter of Credit Application therefor, Request therefor (completed to the reasonable satisfaction of the applicable such Issuing Lender and the Administrative AgentBank), and such other certificates, documents and other papers and information as such Issuing Lender and the Administrative Agent Bank may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)request. Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationRequest, the applicable Issuing Lender Bank shall (i) confirm with the Administrative Agent (by telephone or in writing) that the Administrative Agent has received a copy of such Letter of Credit Request from the Borrower and, if not so received, such Issuing Bank shall provide the Administrative Agent with a copy thereof and (ii) process such Letter of Credit Application Request and the L/C Supporting Documentation certificates, documents and other papers and information delivered to it in connection therewith in accordance with its customary procedures and shalland, after approving the same and receiving confirmation from unless notified by the Administrative Agent that sufficient availability exists under or the Credit Facility for Borrower, at least one Business Day prior to the requested date of issuance of such the applicable Letter of Credit, subject to Section 3.1 and Article Vthat one or more applicable conditions contained in subsection 5.2 shall not then be satisfied, shall promptly issue the Letter of Credit requested thereby (but in no event shall the applicable such Issuing Lender Bank be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application Request therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable such Issuing Lender Bank and the Borrower. The applicable Issuing Lender Bank shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit to the Borrower promptly following the issuance thereof. Promptly after the issuance of any Standby Letter of Credit, the applicable Issuing Bank shall notify the Borrower and the Administrative Agent, in writing, of such issuance and such notice shall be accompanied by a copy of such issuance. Upon receipt of such notice, the Administrative Agent shall promptly notify each Lender of the issuance Lenders, in writing, of such Letter of Credit andissuance, upon request and if so requested by any Lender, furnish a Lender the Administrative Agent shall provide to such Lender a copy copies of such Letter issuance. With regard to Commercial Letters of Credit, each Issuing Bank shall on the first Business Day of each week provide the Administrative Agent, by facsimile, with a report detailing the aggregate daily outstanding Commercial Letters of Credit and during the amount of such Lender’s participation thereinprevious week.

Appears in 4 contracts

Samples: Credit Agreement (Frontdoor, Inc.), Credit Agreement (Frontdoor, Inc.), Credit Agreement (Frontdoor, Inc.)

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an the Issuing Lender issue a Letter of Credit by delivering to such Issuing Lender at such Issuing Lender’s Lending Office and to the Administrative Agent at the Administrative Agent’s Office a Letter of Credit Application therefor, completed to the reasonable satisfaction of the applicable Issuing Lender and the Administrative AgentAgent at their respective addresses for notices specified herein a letter of credit application in the Issuing Lender's then customary form (an "L/C Application") completed to the satisfaction of the Issuing Lender, and such other certificates, documents and other papers and information as such may be customary and as the Issuing Lender and the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)request. Upon receipt of any Letter of Credit L/C Application, the Issuing Lender will process such L/C Application and the L/C Supporting Documentationcertificates, the applicable Issuing Lender shall process such Letter of Credit Application documents and the L/C Supporting Documentation other papers and information delivered to it in connection therewith in accordance with its customary procedures and shalland, after approving upon receipt by the same and receiving Issuing Lender of confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of CreditCredit will not contravene subsection 3.1, subject to Section 3.1 and Article V, the Issuing Lender shall promptly issue the Letter of Credit requested thereby (but in no event shall the applicable Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit L/C Application therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable Issuing Lender and the Borrower. The applicable Issuing Lender shall promptly furnish a copy of such Letter of Credit to the Borrower and the Administrative Agent a copy of such Letter of Credit and promptly following the issuance thereof, and, thereafter, the Administrative Agent shall promptly notify each Lender of the issuance of such Letter of Credit and, upon request by any Lender, furnish to such Lender a copy of such Letter of Credit and thereof to the amount of such Lender’s participation thereinLenders.

Appears in 4 contracts

Samples: Credit Agreement (Meridian Resource Corp), Credit Agreement (Belco Oil & Gas Corp), Credit Agreement (Belco Oil & Gas Corp)

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an any Issuing Lender issue a Letter of Credit by delivering to such Issuing Lender at such Issuing Lender’s Lending Office and its applicable office (with a copy to the Administrative Agent at the Administrative Agent’s Office Office) a Letter of Credit Application therefor, completed to the reasonable satisfaction of the applicable such Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such Issuing Lender and or the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)request. Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationApplication, the applicable Issuing Lender shall shall, process such Letter of Credit Application and the L/C Supporting Documentation certificates, documents and other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article VVI, promptly issue the Letter of Credit requested thereby (but in no event shall the applicable such Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable such Issuing Lender and the Borrower. The applicable Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit and the Administrative Agent shall promptly notify each Revolving Credit Lender of the issuance of such Letter of Credit and, and upon request by any Lender, furnish to such Revolving Credit Lender a copy of such Letter of Credit and the amount of such Revolving Credit Lender’s participation therein.

Appears in 4 contracts

Samples: Credit Agreement (Fidelity National Financial, Inc.), Credit Agreement (Copart Inc), Credit Agreement (Copart Inc)

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an Issuing Lender issue a Letter of Credit by delivering to such Issuing Lender at such Issuing Lender’s 's Lending Office and to the Administrative Agent at the Administrative Agent’s 's Office a Letter of Credit Application therefor, completed to the reasonable satisfaction of the applicable Issuing Lender and the Administrative Agent, and such other certificates, documents and other papers and information as such Issuing Lender and the Administrative Agent may reasonably request (the "L/C Supporting Documentation") (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated). Upon receipt of any Letter of Credit Application and the L/C Supporting Documentation, the applicable Issuing Lender shall process such Letter of Credit Application and the L/C Supporting Documentation delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article V, promptly issue the Letter of Credit requested thereby (but in no event shall the applicable Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable Issuing Lender and the Borrower. The applicable Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit and the Administrative Agent shall promptly notify each Lender of the issuance of such Letter of Credit and, upon request by any Lender, furnish to such Lender a copy of such Letter of Credit and the amount of such Lender’s 's participation therein.

Appears in 4 contracts

Samples: Seventh Amendment (AbitibiBowater Inc.), Credit Agreement (AbitibiBowater Inc.), Third Amendment and Waiver (AbitibiBowater Inc.)

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an Issuing Lender issue a Letter of Credit by delivering to such Issuing Lender at such Issuing Lender’s 's Lending Office and to the Administrative Agent at the Administrative Agent’s 's Office a Letter of Credit Application therefor, completed to the reasonable satisfaction of the applicable Issuing Lender and the Administrative Agent, and such other certificates, documents and other papers and information as such Issuing Lender and the Administrative Agent may reasonably request (the "L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated"). Upon receipt of any Letter of Credit Application and the L/C Supporting Documentation, the applicable Issuing Lender shall process such Letter of Credit Application and the L/C Supporting Documentation delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article V, promptly issue the Letter of Credit requested thereby (but in no event shall the applicable Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable Issuing Lender and the Original Borrower. The applicable Issuing Lender shall promptly furnish to the Original Borrower and the Administrative Agent a copy of such Letter of Credit and the Administrative Agent shall promptly notify each Lender of the issuance of such Letter of Credit and, upon request by any Lender, furnish to such Lender a copy of such Letter of Credit and the amount of such Lender’s 's participation therein.

Appears in 3 contracts

Samples: Credit Agreement (AbitibiBowater Inc.), Credit Agreement (Bowater Inc), Third Amendment and Waiver (AbitibiBowater Inc.)

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an Issuing Lender issue a Letter of Credit by delivering to such Issuing Lender at such Issuing Lender’s Lending Office and to the Administrative Agent at the Administrative Agent’s Office a Letter of Credit Application therefor, completed to the reasonable satisfaction of the applicable such Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such Issuing Lender and the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)request. Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationApplication, the applicable Issuing Lender shall process such Letter of Credit Application and the L/C Supporting Documentation certificates, documents and other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article V, promptly issue the Letter of Credit requested thereby (but in no event shall the applicable such Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable such Issuing Lender and the Borrower. The applicable Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit and Credit. Upon receipt of such Letter of Credit, the Administrative Agent shall promptly notify each Revolving Credit Lender of the issuance of such Letter of Credit and, and upon request by any Revolving Credit Lender, furnish to such Revolving Credit Lender a copy of such Letter of Credit and the amount of such Revolving Credit Lender’s participation therein, provided that the Administrative Agent shall be obligated to deliver the foregoing with respect to a Letter of Credit issued by an Additional Issuing Lenders only after receipt by the Administrative Agent of all notices required to be delivered to the Administrative Agent with respect thereto.

Appears in 3 contracts

Samples: Credit Agreement (CoreCivic, Inc.), Credit Agreement (Corrections Corp of America), Credit Agreement (Corrections Corp of America)

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an the applicable Issuing Lender issue a Letter of Credit by delivering to such Issuing Lender at such Issuing Lender’s Lending Office and (with a copy to the Administrative Agent at the Administrative Agent’s Office ) a Letter of Credit Application therefor, completed to the reasonable satisfaction of the applicable such Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such Issuing Lender and the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)request. Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationApplication, the applicable such Issuing Lender shall process such Letter of Credit Application and the L/C Supporting Documentation certificates, documents and other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article VVI, promptly issue the Letter of Credit requested thereby (but in no event shall the applicable Issuing Lender be required to issue any Letter of Credit earlier later than three two (32) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable such Issuing Lender and the Borrower. The applicable Such Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit and the Administrative Agent shall promptly notify each Revolving Lender of the issuance of such Letter of Credit and, and upon request by any Revolving Lender, furnish to such Lender a copy of such Revolving Letter of Credit and the amount of such Revolving Lender’s participation therein. For so long as any Letter of Credit issued by an L/C Issuer is outstanding, such L/C Issuer shall deliver to the Administrative Agent on the last Business Day of each calendar month, and on each date that an L/C Credit Extension occurs with respect to any such Letter of Credit, a report providing information (including, but not limited to, maximum face amount, current face amount, beneficiary name, issuance date, expiry date, indication of auto-renewal feature and dates of amendments (if any)) for every outstanding Letter of Credit issued by such L/C Issuer.

Appears in 3 contracts

Samples: Credit Agreement (Orbital Sciences Corp /De/), Credit Agreement (Orbital Sciences Corp /De/), Credit Agreement (Orbital Sciences Corp /De/)

Procedure for Issuance of Letters of Credit. The Borrower Any Applicable Account Party, with (in the case of any such Applicable Account Party other than the Company) the written consent of the Company, may from time to time request that an any Issuing Lender issue (or cause its Applicable Lending Office to issue) a Letter of Credit by delivering to such Issuing Lender at such Issuing Lender’s Lending Office and to its address for notices specified in accordance with the Administrative Agent at the Administrative Agent’s Office a Letter provisions of Credit Section 10.2 an Application therefor, completed to the reasonable satisfaction of the applicable such Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such the Issuing Lender and the Administrative Agent may reasonably request consistent with its customary business practices for comparable transactions in the applicable jurisdiction (it being expressly understood and agreed by each Issuing Lender that the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter terms and provisions of Credit each such Application shall be denominatedconsistent with the terms and provisions of this Agreement). Upon receipt of any Letter of Credit Application, the relevant Issuing Lender will process such Application and the L/C Supporting Documentationcertificates, the applicable Issuing Lender shall process such Letter of Credit Application documents and the L/C Supporting Documentation other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article V, shall promptly issue (or cause its Applicable Lending Office to issue) the Letter of Credit requested thereby (but in no event shall the applicable any Issuing Lender be required to issue (or cause its Applicable Lending Office to issue) any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed to by the applicable relevant Issuing Lender and the BorrowerApplicable Account Party. The applicable relevant Issuing Lender shall furnish a copy of such Letter of Credit to the Applicable Account Party promptly following the issuance thereof. The relevant Issuing Lender shall promptly furnish to the Borrower Administrative Agent notice of the issuance of each Letter of Credit (including the amount and currency thereof). No Issuing Lender shall issue (or cause its Applicable Lending Office to issue) any Letter of Credit during any period commencing on the first Business Day after it receives written notice from the Administrative Agent a copy that one or more of the conditions precedent contained in Section 5.2 shall not on such Letter of Credit date be satisfied or waived, and ending when the Administrative Agent provides written notice to the effect that such conditions are satisfied or waived. The Administrative Agent shall promptly notify each Lender of the Issuing Lenders upon becoming aware that such conditions in Section 5.2 are thereafter satisfied or waived. The Issuing Lenders shall not otherwise be required to determine that, or take notice whether, the conditions precedent set forth in Section 5.2 have been satisfied or waived in connection with the issuance of such any Letter of Credit and, upon request by any Lender, furnish to such Lender a copy of such Letter of Credit and the amount of such Lender’s participation thereinCredit.

Appears in 3 contracts

Samples: Guarantee Agreement (General Motors Co), Guarantee Agreement (General Motors Financial Company, Inc.), Guarantee Agreement (General Motors Financial Company, Inc.)

Procedure for Issuance of Letters of Credit. The Parent Borrower may from time to time request that an any Issuing Lender issue a Letter of Credit (or amend, extend, renew or increase the stated amount of an outstanding Letter of Credit) by delivering to such Issuing Lender at any address mutually acceptable to the Parent Borrower and such Issuing Lender’s Lending Office and to the Administrative Agent at the Administrative Agent’s Office a Letter of Credit Lender an L/C Application therefor, completed to the reasonable satisfaction of the applicable such Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such Issuing Lender may reasonably request. The L/C Application will contain a representation and warranty that the conditions specified in Section 5.2 (and Section 5.3 if applicable) have been satisfied or waived in writing by the Administrative Agent may reasonably request (on behalf of the Required Lenders as of the date of the L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)Application. Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationApplication, the applicable such Issuing Lender shall process such Letter of Credit L/C Application and the L/C Supporting Documentation certificates, documents and other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 3.1, this Section 3.2 and Article VV hereof, promptly issue the Letter of Credit (or amend, extend, renew or increase the stated amount of an outstanding Letter of Credit) requested thereby (but in no event shall the applicable any Issuing Lender be required to issue any Letter of Credit (or amend, extend, renew or increase the stated amount of an outstanding Letter of Credit) earlier than three (3) Business Days after its receipt of the Letter of Credit L/C Application therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable such Issuing Lender and the Parent Borrower. The applicable Within fifteen (15) Business Days after the end of each calendar quarter, each Issuing Lender shall promptly furnish to the Borrower and (or the Administrative Agent a copy if the Administrative Agent agrees to undertake such action) shall report to each Revolving Credit Lender and the Parent Borrower all Letters of Credit issued by it during the previous calendar quarter and the average daily undrawn and unexpired amounts for all Letters of Credit for each day in such calendar quarter. Each Issuing Lender (or the Administrative Agent if the Administrative Agent agrees to undertake such action) shall calculate the Dollar Equivalent of each outstanding Letter of Credit denominated in Euros, Sterling or any Optional Currency as of the end of each calendar month and shall notify the Administrative Agent shall promptly notify each Lender of and the issuance Parent Borrower of such Letter calculation, and such calculation shall be the basis of Credit and, upon request by any Lender, furnish to such Lender a copy determination of such Letter of Credit and the amount of outstanding Revolving A L/C Obligations and Revolving X X/C Obligations for purposes hereof until the next such Lender’s participation thereincalculation.

Appears in 3 contracts

Samples: Credit Agreement (Brinks Co), Credit Agreement (Brinks Co), Credit Agreement (Brinks Co)

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an the Issuing Lender issue a Letter of Credit by delivering to such the Issuing Lender at such Issuing Lender’s Lending Office and to the Administrative Agent at the Administrative Agent’s Office a Letter of Credit an Application therefor, completed to the reasonable satisfaction of the applicable Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such Issuing Lender and the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include as the Permitted Currency in which Issuing Lender and the Letter Administrative Agent may request. The Borrower will contemporaneously deliver to the Administrative Agent at the Administrative Agent’s Office a copy of Credit shall be denominated)such Application and L/C Supporting Documentation. Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationApplication, the applicable Issuing Lender shall process such Letter of Credit Application and the L/C Supporting Documentation delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Revolving Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article VVI hereof, promptly issue the Letter of Credit requested thereby (but in no event shall the applicable Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the all L/C Supporting Documentation relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable Issuing Lender and the Borrower; provided that the Issuing Lender shall not issue a Letter of Credit from and after the date which is one (1) day after it has received written notice from the Administrative Agent (upon the request of the Required Lenders) that one or more of the applicable conditions to Extensions of Credit specified in Section 6.2 is not then satisfied until such conditions are satisfied or waived in accordance with the provisions of this Agreement (and the Issuing Lender shall be entitled to conclusively rely on any such notice and shall have no obligation to independently investigate the accuracy of such notice and shall have no liability to the Borrower in respect thereof if such notice proves to be inaccurate). The applicable Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit and the Administrative Agent shall promptly notify each Revolving Credit Lender of the issuance of such Letter of Credit and, and upon request by any Revolving Credit Lender, furnish to such Revolving Credit Lender a copy of such Letter of Credit and the amount of such Revolving Credit Lender’s participation therein.

Appears in 3 contracts

Samples: Third Amendment (Jack in the Box Inc /New/), Credit Agreement (Jack in the Box Inc /New/), Credit Agreement (Jack in the Box Inc /New/)

Procedure for Issuance of Letters of Credit. The Parent Borrower may from time to time request that an any Issuing Lender issue a Letter of Credit (or amend, extend, renew or increase the stated amount of an outstanding Letter of Credit) by delivering to such Issuing Lender at any address mutually acceptable to the Parent Borrower and such Issuing Lender’s Lending Office and to the Administrative Agent at the Administrative Agent’s Office a Letter of Credit Lender an L/C Application therefor, completed to the reasonable satisfaction of the applicable such Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such Issuing Lender may reasonably request. The L/C Application will contain a representation and warranty that the conditions specified in Section 5.2 (and Section 5.3 if applicable) have been satisfied or waived in writing by the Administrative Agent may reasonably request (on behalf of the Required Lenders as of the date of the L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)Application. Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationApplication, the applicable such Issuing Lender shall process such Letter of Credit L/C Application and the L/C Supporting Documentation certificates, documents and other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 3.1, this Section 3.2 and Article VV hereof, promptly issue the Letter of Credit (or amend, extend, renew or increase the stated amount of an outstanding Letter of Credit) requested thereby (but in no event shall the applicable any Issuing Lender be required to issue any Letter of Credit (or amend, extend, renew or increase the stated amount of an outstanding Letter of Credit) earlier than three (3) Business Days after its receipt of the Letter of Credit L/C Application therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable such Issuing Lender and the Parent Borrower. The applicable Within fifteen (15) Business Days after the end of each calendar quarter, each Issuing Lender shall promptly furnish to the Borrower and (or the Administrative Agent a copy if the Administrative Agent agrees to undertake such action) shall report to each Lender and the Parent Borrower all Letters of Credit issued by it during the previous calendar quarter and the average daily undrawn and unexpired amounts for all Letters of Credit for each day in such calendar quarter. Each Issuing Lender (or the Administrative Agent if the Administrative Agent agrees to undertake such action) shall calculate the Dollar Equivalent of each outstanding Letter of Credit denominated in Euros, Sterling or any Optional Currency as of the end of each calendar month and shall notify the Administrative Agent shall promptly notify each Lender of and the issuance Parent Borrower of such Letter calculation, and such calculation shall be the basis of Credit and, upon request by any Lender, furnish to such Lender a copy determination of such Letter of Credit and the amount of outstanding Revolving A L/C Obligations and Revolving X X/C Obligations for purposes hereof until the next such Lender’s participation thereincalculation.

Appears in 3 contracts

Samples: Joinder Agreement (Brinks Co), Credit Agreement (Brinks Co), Joinder Agreement (Brinks Co)

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an Issuing Lender issue a Letter of Credit by delivering to such Issuing Lender at such Issuing Lender’s Lending Office and to the Administrative Agent at the Administrative Agent’s Office a Letter of Credit Application therefor, completed to the reasonable satisfaction of the applicable Issuing Lender and the Administrative Agent, and such other certificates, documents and other papers and information as such Issuing Lender and the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated). Upon receipt of any Letter of Credit Application and the L/C Supporting Documentation, the applicable Issuing Lender shall process such Letter of Credit Application and the L/C Supporting Documentation delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article V, promptly issue the Letter of Credit requested thereby (but in no event shall the applicable Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable Issuing Lender and the Original Borrower. The applicable Issuing Lender shall promptly furnish to the Original Borrower and the Administrative Agent a copy of such Letter of Credit and the Administrative Agent shall promptly notify each Lender of the issuance of such Letter of Credit and, upon request by any Lender, furnish to such Lender a copy of such Letter of Credit and the amount of such Lender’s participation therein.

Appears in 3 contracts

Samples: Third Amendment and Waiver (Bowater Inc), Fourth Amendment (AbitibiBowater Inc.), Fourth Amendment (Bowater Inc)

Procedure for Issuance of Letters of Credit. The Borrower Borrowers may from time to time request that an the Issuing Lender issue a Letter of Credit by delivering to such Issuing Lender at such Issuing Lender’s Lending Office and to the Administrative Agent at the Administrative Agent’s Office a Letter of Credit Application therefor, completed to the reasonable satisfaction of the applicable Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such the Issuing Lender and may reasonably request; provided, that, if the Borrowers request the Issuing Lender to issue a Letter of Credit for the account of Fortegra Indemnity (or any successor thereof), the Borrowers shall (i) deliver a Letter of Credit Application to the Administrative Agent may reasonably request on behalf of the Borrowers and Fortegra Indemnity (or any successor thereof) requesting that Fortegra Indemnity (or any successor thereof) be named as the “L/C Supporting Documentation”) (applicant in such Letter of Credit, which information shall include the Permitted Currency in which the Letter of Credit Application shall be denominated)completed to the satisfaction of the Issuing Lender, (ii) at the request of the Issuing Lender, enter into a reimbursement agreement with Fortegra Indemnity (or any successor thereof) in form and substance reasonably acceptable to the Issuing Lender, which agreement shall be executed and delivered to the Administrative Agent prior to the issuance of such Letter of Credit, and (iii) deliver such other certificates, documents, papers and other information as the Issuing Lender may reasonably request. Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationApplication, the applicable Issuing Lender shall process such Letter of Credit Application and the L/C Supporting Documentation certificates, documents and other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article VARTICLE IV, promptly issue the Letter of Credit requested thereby (but in no event shall the applicable Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto, including, if applicable, a reimbursement agreement) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable Issuing Lender and the BorrowerBorrowers. The applicable Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent Borrowers a copy of such Letter of Credit and the Administrative Agent shall promptly notify each Revolving Lender of the issuance of such Letter of Credit and, and upon request by any Revolving Lender, furnish to such Lender a copy of such Letter of Credit and the amount of such Revolving Lender’s participation therein.

Appears in 3 contracts

Samples: Credit Agreement (Fortegra Group, LLC), Credit Agreement (Fortegra Group, LLC), Credit Agreement (Tiptree Inc.)

Procedure for Issuance of Letters of Credit. (a) The Borrower Representative may from time to time request during the Commitment Period but in no event later than the fifth day prior to the Maturity Date that an Issuing Lender issue a Letter of Credit by delivering to such Issuing Lender at such Issuing Lender’s Lending Office and to the Administrative Agent at the Administrative Agent’s Office , at their respective addresses for notices specified herein, a Letter of Credit Application therefor, Request therefor (completed to the reasonable satisfaction of the applicable such Issuing Lender and the Administrative AgentLender), and such other certificates, documents and other papers and information as such Issuing Lender and the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the request. Each Letter of Credit Request shall specify the applicable Borrower and that the requested Letter of Credit is to be denominated)denominated in Dollars or Canadian Dollars in the case of the Canadian Borrower. Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationRequest, the applicable Issuing Lender shall (i) confirm with the Administrative Agent (by telephone or in writing) that the Administrative Agent has received a copy of such Letter of Credit Request from the Borrower Representative and, if not so received, such Issuing Lender shall provide the Administrative Agent with a copy thereof and (ii) process such Letter of Credit Application Request and the L/C Supporting Documentation certificates, documents and other papers and information delivered to it in connection therewith in accordance with its customary procedures and shalland, after approving the same and receiving confirmation from unless notified by the Administrative Agent that sufficient availability exists under Agent, any Lender or any Loan Party, at least one Business Day prior to the Credit Facility for requested date of issuance or amendment of the issuance of such applicable Letter of Credit, subject to Section 3.1 and Article Vthat one or more applicable conditions contained in subsection 6.2 shall not then be satisfied, shall promptly issue the Letter of Credit requested thereby (but in no event shall the applicable such Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application Request therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable Issuing Lender and the BorrowerBorrower Representative. The applicable Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit to the Borrower Representative promptly following the issuance thereof. Promptly after the issuance or amendment of any Standby Letter of Credit, the applicable Issuing Lender shall notify the Borrower Representative and the Administrative Agent in writing, of such issuance or amendment and such notice shall be accompanied by a copy of such issuance or amendment. Upon receipt of such notice, the Administrative Agent shall promptly notify each Lender of the issuance Tranche A U.S. Facility Lenders or the Tranche A Canadian Facility Lenders, as the case may be, in writing, of such Letter of Credit issuance or amendment, and, upon request if so requested by any a Lender, furnish the Administrative Agent shall provide to such Lender a copy copies of such Letter issuance or amendment. With regard to Commercial Letters of Credit, each Issuing Lender shall on the first Business Day of each week provide the Administrative Agent by facsimile, with a report detailing the aggregate daily outstanding Commercial Letters of Credit and during the amount of such Lender’s participation thereinprevious week.

Appears in 3 contracts

Samples: Credit Agreement (Veritiv Corp), Assumption Agreement (Veritiv Corp), Intercreditor Agreement (Veritiv Corp)

Procedure for Issuance of Letters of Credit. (a) The Borrower may Representative may, from time to time during the Commitment Period but in no event later than the 30th day prior to the Termination Date, request that an Issuing Lender issue a Letter of Credit by delivering to such Issuing Lender at such Issuing Lender’s Lending Office and to the Administrative Agent at its address for notices specified herein, an L/C Request therefor in the Administrative Agent’s Office a Letter form of Credit Application therefor, Exhibit J-2 hereto (completed to the reasonable satisfaction of the applicable such Issuing Lender and the Administrative AgentLender), and such other certificates, documents and other papers and information as such Issuing Lender and the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)request. Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationRequest, the applicable such Issuing Lender shall will process such Letter of Credit Application and the L/C Supporting Documentation Request and the certificates, documents and other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article V, shall promptly issue the Letter of Credit requested thereby (but in no event shall the applicable an Issuing Lender be required required, unless otherwise agreed to by such Issuing Lender, to issue any Letter of Credit earlier than three (3) five Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation Request therefor and all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable such Issuing Lender and the BorrowerBorrower Representative. The applicable Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit and to the Borrower Representative promptly following the issuance thereof. No Issuing Lender shall amend, cancel or waive presentation of any Letter of Credit, or replace any lost, mutilated or destroyed Letter of Credit, without the prior written consent of the Borrower Representative. Upon the issuance of any Letter of Credit or amendment, renewal, extension or modification to a Letter of Credit, the applicable Issuing Lender shall promptly notify the Administrative Agent Agent, who shall promptly notify each Lender of the issuance Lender, thereof, which notice shall be accompanied by a copy of such Letter of Credit andor amendment, upon request by any Lenderrenewal, furnish extension or modification to such Lender a copy of such Letter of Credit and the amount of such Lender’s respective participation thereinin such Letter of Credit pursuant to Subsection 3.4. If the applicable Issuing Lender is not the same person as the Administrative Agent, on the first Business Day of each calendar month, such Issuing Lender shall provide to the Administrative Agent a report listing all outstanding Letters of Credit and the amounts and beneficiaries thereof and the Administrative Agent shall promptly provide such report to each Lender.

Appears in 2 contracts

Samples: Intercreditor Agreement (Nci Building Systems Inc), Credit Agreement (SiteOne Landscape Supply, Inc.)

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an Issuing Lender issue a Letter of Credit by delivering to such Issuing Lender at such Issuing Lender’s Lending Office and to the Administrative Agent at the Administrative Agent’s Office a Letter of Credit its address for notices specified herein an Application therefor, completed to the reasonable satisfaction of the applicable such Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such Issuing Lender and may request. Concurrently with the delivery of an Application to an Issuing Lender, the Borrower shall deliver a copy thereof to the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)Agent. Upon receipt of any Letter of Credit Application, an Issuing Lender will process such Application and the L/C Supporting Documentationcertificates, the applicable Issuing Lender shall process such Letter of Credit Application documents and the L/C Supporting Documentation other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article V, shall promptly issue the Letter of Credit requested thereby (but in no event shall the applicable Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed to by the applicable such Issuing Lender and the BorrowerBorrower (but in no event shall any Issuing Lender be required to issue any Letter of Credit earlier than three Business Days after its receipt of the Application therefor and all such other certificates, documents and other papers and information relating thereto). The applicable Promptly after issuance by an Issuing Lender of a Letter of Credit, such Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit and to the Borrower. Each Issuing Lender shall promptly give notice to the Administrative Agent shall promptly notify each Lender of the issuance of such each Letter of Credit andissued by such Issuing Lender (including the amount thereof), upon request by any Lender, furnish to such Lender and shall provide a copy of such Letter of Credit and to the amount Administrative Agent as soon as possible after the date of such Lender’s participation thereinissuance.

Appears in 2 contracts

Samples: Credit Agreement (Pg&e Corp), Credit Agreement (Pacific Gas & Electric Co)

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an Issuing Lender issue a Letter of Credit by delivering to such the Issuing Lender at such Issuing Lender’s Lending Office and its address for notices specified herein or otherwise on file with the Administrative Agent (with a copy to the Administrative Agent at the Administrative Agent’s Office a Letter of Credit ) an Application therefor, completed to the reasonable satisfaction of the applicable such Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such Issuing Lender and the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)request. Upon receipt of any Letter of Credit Application and the L/C Supporting Documentation, Unless the applicable Issuing Lender shall process such has received written notice from any Lender or the Administrative Agent at least one Business Day prior to the requested date of issuance or amendment of the applicable Letter of Credit Application that the conditions precedent set forth in Article IV shall not then be satisfied, then, subject to the terms and conditions hereof, such Issuing Lender shall, on the L/C Supporting Documentation delivered to it in connection therewith requested date, issue a Letter of Credit or enter into the applicable amendment, as the case may be, in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article V, promptly issue the Letter of Credit requested thereby (but in no event shall the applicable Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original ). The applicable Issuing Lender shall furnish a copy of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by Borrower promptly following the applicable Issuing Lender and the Borrowerissuance thereof. The applicable Issuing Lender shall promptly furnish to the Borrower and Administrative Agent, which shall in turn promptly furnish to the Administrative Agent a copy of such Letter of Credit and the Administrative Agent shall promptly notify each Lender Lenders, notice of the issuance of such each Letter of Credit and, upon request by any Lender, furnish to such Lender a copy of such (including the amount thereof). A Letter of Credit shall be issued only to the extent (and upon issuance of each Letter of Credit the Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the L/C Obligations shall not exceed the aggregate L/C Commitments of all Issuing Lenders, (ii) (x) the aggregate undrawn amount of all outstanding Letters of Credit issued by an Issuing Lender at such time plus (y) the unreimbursed portion of any payment made by such Issuing Lender under a Letter of Credit shall not exceed such Issuing Lender’s L/C Commitment and (iii) the aggregate amount of the Five-Year Extensions of Credit shall not exceed the aggregate Five-Year Commitments. Such Issuing Lender shall promptly furnish to the Administrative Agent, which shall in turn promptly furnish to the Lenders, notice of the issuance of each Letter of Credit (including the amount of such Lender’s participation thereinthereof).

Appears in 2 contracts

Samples: Credit Agreement (Tegna Inc), Competitive Advance and Revolving Credit Agreement (Tegna Inc)

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an Issuing Lender issue a Letter of Credit by delivering to such Issuing Lender at such Issuing Lender’s Lending Office and to the Administrative Agent at the Administrative Agent’s Office a Letter of Credit its address for notices specified herein an Application therefor, completed to the reasonable satisfaction of the applicable such Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such Issuing Lender may request. Concurrently with the delivery of an Application to an Issuing Lender, the Borrower shall deliver a copy thereof to the Administrative Agent and the Administrative Agent may reasonably shall provide notice of such request (to the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)Lenders. Upon receipt of any Letter of Credit Application, an Issuing Lender will process such Application and the L/C Supporting Documentationcertificates, the applicable Issuing Lender shall process such Letter of Credit Application documents and the L/C Supporting Documentation other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article V, shall promptly issue the Letter of Credit requested thereby (but in no event shall the applicable Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed to by the applicable such Issuing Lender and the BorrowerBorrower (but in no event shall any Issuing Lender be required to issue any Letter of Credit earlier than three Business Days after its receipt of the Application therefor and all such other certificates, documents and other papers and information relating thereto). The applicable Promptly after issuance by an Issuing Lender of a Letter of Credit, such Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit and to the Borrower. Each Issuing Lender shall promptly give notice to the Administrative Agent shall promptly notify each Lender of the issuance of such each Letter of Credit andissued by such Issuing Lender (including the amount thereof), upon request by any Lender, furnish to such Lender and shall provide a copy of such Letter of Credit to the Administrative Agent as soon as possible after the date of issuance. Unless otherwise expressly agreed by an Issuing Lender and the amount Borrower, when a Letter of Credit is issued (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce at the time of issuance shall apply to each commercial Letter of Credit. If the Borrower so requests in any applicable Application, the Issuing Lender may, in its sole discretion, agree to issue a Letter of Credit that has automatic extension provisions (each, an “Auto-Extension Letter of Credit”); provided that any such Auto-Extension Letter of Credit must permit the Issuing Lender to prevent any such extension at least once in each twelve-month period (commencing with the date of issuance of such Letter of Credit) by giving prior notice to the beneficiary thereof not later than a day (the “Non-Extension Notice Date”) in each such twelve-month period to be agreed upon at the time such Letter of Credit is issued. Unless otherwise directed by the Issuing Lender’s participation therein, the Borrower shall not be required to make a specific request to the Issuing Lender for any such extension. Once an Auto-Extension Letter of Credit has been issued, the Lenders shall be deemed to have authorized (but may not require) the Issuing Lender to permit the extension of such Letter of Credit at any time to an expiry date not later than the Letter of Credit Expiration Date; provided, however, that the Issuing Lender shall not permit any such extension if it has received notice (which may be by telephone or in writing) on or before the day that is seven Business Days before the Non-Extension Notice Date (1) from the Administrative Agent that the Required Lenders have elected not to permit such extension or (2) from the Administrative Agent, any Lender or the Borrower that one or more of the applicable conditions specified in Section 5.2 is not then satisfied, and in each such case directing the Issuing Lender not to permit such extension.

Appears in 2 contracts

Samples: Assignment and Assumption (PACIFIC GAS & ELECTRIC Co), Credit Agreement (PACIFIC GAS & ELECTRIC Co)

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an Issuing Lender issue a Letter of Credit by delivering to such Issuing Lender at such Issuing Lender’s Lending Office and to the Administrative Agent at the Administrative Agent’s Office , at their respective addresses for notices specified herein, a Letter of Credit Application Request therefor, completed to the reasonable satisfaction of the applicable such Issuing Lender and the Administrative AgentLender, and such other applications, certificates, documents and other papers and information as such Issuing Lender may request (collectively, the “Letter of Credit Application”). Any such Letter of Credit Request must be received by the applicable Issuing Lender and the Administrative Agent may reasonably request by no later than 12:00 noon (New York City time), two (2) Business Days prior to the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the date such Letter of Credit shall is to be denominated)issued or amended, or such other time as previously agreed between such Issuing Lender and the Borrower. Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationRequest, the applicable Issuing Lender shall will process such Letter of Credit Application Request and the L/C Supporting Documentation certificates, documents and other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 the terms and Article Vconditions set forth herein, promptly issue the Letter of Credit requested thereby (but in no event shall the applicable any Issuing Lender be required to issue any Letter of Credit earlier than three two (32) Business Days after its receipt of the Letter of Credit Application Request therefor and the L/C Supporting Documentation all such other applications, certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable such Issuing Lender and the Borrower. The applicable Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit to the Borrower and the Administrative Agent shall is required to promptly notify each Lender of the such issuance of such Letter of Credit and, and upon request by any Lender, furnish to such Lender a copy of such Letter of Credit and the amount of such Lender’s participation therein.

Appears in 2 contracts

Samples: Loan and Servicing Agreement (Newell Brands Inc.), Loan and Servicing Agreement (Newell Brands Inc)

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an the applicable Issuing Lender issue a Letter of Credit by delivering to such the applicable Issuing Lender at such Issuing Lender’s Lending Office and to the Administrative Agent at the Administrative Agent’s Office a Letter of Credit Application therefor, completed to the reasonable satisfaction of the applicable such Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such Issuing Lender and the Administrative Agent may reasonably request (request. The Borrower will contemporaneously deliver to the “L/C Supporting Documentation”) (which information shall include Administrative Agent, at the Permitted Currency in which the Administrative Agent’s Office, a copy of such Letter of Credit shall be denominated)Application and accompanying documentation. Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationApplication, the applicable Issuing Lender shall process such Letter of Credit Application and the L/C Supporting Documentation certificates, documents and other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Revolving Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article V, promptly issue the Letter of Credit requested thereby (but in no event shall the applicable Issuing Lender be required to issue any Letter of Credit earlier than three four (34) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable Issuing Lender and the Borrower. The applicable Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit and the Administrative Agent shall promptly notify each Lender of the issuance of such Letter of Credit and, and upon request by any Lender, furnish to such Lender a copy of such Letter of Credit and the amount of such Lender’s participation therein.

Appears in 2 contracts

Samples: Credit Agreement (Lmi Aerospace Inc), Credit Agreement (Lmi Aerospace Inc)

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an the Issuing Lender Bank issue a Letter of Credit by delivering to such the Issuing Lender at such Issuing Lender’s Lending Office and to the Administrative Agent Bank at the Administrative Agent’s Office a Letter of Credit an Application therefor, completed to the reasonable satisfaction of the applicable Issuing Lender and the Administrative AgentBank, and such other certificates, documents and other papers and information as such Issuing Lender and the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) as the Issuing Bank and the Administrative Agent may request (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated). Upon receipt The Borrower will contemporaneously deliver to the Administrative Agent, at the Administrative Agent’s office, a copy of any Letter of Credit such Application and the L/C Supporting Documentation. Upon receipt of any Application, the applicable Issuing Lender Bank shall process such Letter of Credit Application and the L/C Supporting Documentation delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility Revolving Commitment for the issuance of such Letter of Credit, subject to Section 3.1 2.20(a) and Article VIV hereof, promptly issue the Letter of Credit requested thereby (but in no event shall the applicable Issuing Lender Bank be required to issue any Letter of Credit earlier than three four (34) Business Days after its receipt of the Letter of Credit Application therefor and the all L/C Supporting Documentation relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable Issuing Lender Bank and the Borrower. The applicable Issuing Lender Bank shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit and the Administrative Agent shall promptly notify each Lender of the issuance of such Letter of Credit and, and upon request by any Lender, furnish to such Lender a copy of such Letter of Credit and the amount of such Lender’s participation therein.

Appears in 2 contracts

Samples: Credit Agreement, Credit Agreement (Choice Hotels International Inc /De)

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an any Issuing Lender issue a Letter of Credit by delivering to such any Issuing Lender at such Issuing Lender’s Lending Office and its applicable office (with a copy to the Administrative Agent at the Administrative Agent’s Office Office) a Letter of Credit Application therefor, completed to the reasonable satisfaction of the applicable such Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such Issuing Lender and or the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)request. Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationApplication, the applicable such Issuing Lender shall process such Letter of Credit Application and the L/C Supporting Documentation certificates, documents and other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article VVI, promptly issue the Letter of Credit requested thereby (but in no event shall the applicable such Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable such Issuing Lender and the Borrower. The applicable Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit and the Administrative Agent shall promptly notify each Revolving Credit Lender of the issuance of such Letter of Credit and, and upon request by any LenderXxxxxx, furnish to such Revolving Credit Lender a copy of such Letter of Credit and the amount of such Revolving Credit Lender’s participation therein.

Appears in 2 contracts

Samples: Credit Agreement (Switch, Inc.), Credit Agreement (Switch, Inc.)

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an Issuing Lender issue a Letter of Credit by delivering to such Issuing Lender at such Issuing Lender’s Lending Office and to the Administrative Agent at the Administrative Agent’s Office a Letter of Credit its address for notices specified herein an Application therefor, completed to the reasonable satisfaction of the applicable such Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such Issuing Lender may request. Concurrently with the delivery of an Application to an Issuing Lender, the Borrower shall deliver a copy thereof to the Administrative Agent and the Administrative Agent may reasonably shall provide notice of such request (to the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)Lenders. Upon receipt of any Letter of Credit Application, an Issuing Lender will process such Application and the L/C Supporting Documentationcertificates, the applicable Issuing Lender shall process such Letter of Credit Application documents and the L/C Supporting Documentation other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article V, shall promptly issue the Letter of Credit requested thereby (but in no event shall the applicable Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed to by the applicable such Issuing Lender and the BorrowerBorrower (but in no event shall any Issuing Lender be required to issue any Letter of Credit earlier than three Business Days after its receipt of the Application therefor and all such other certificates, documents and other papers and information relating thereto). The applicable Promptly after issuance by an Issuing Lender of a Letter of Credit, such Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit and to the Borrower. Each Issuing Lender shall promptly give notice to the Administrative Agent shall promptly notify each Lender of the issuance of such each Letter of Credit andissued by such Issuing Lender (including the amount thereof), upon request by any Lender, furnish to such Lender and shall provide a copy of such Letter of Credit to the Administrative Agent as soon as possible after the date of issuance. Unless otherwise expressly agreed by an Issuing Lender and the amount Borrower, when a Letter of such Lender’s participation thereinCredit is issued (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce at the time of issuance shall apply to each commercial Letter of Credit.

Appears in 2 contracts

Samples: Credit Agreement (PG&E Corp), Credit Agreement (PG&E Corp)

Procedure for Issuance of Letters of Credit. The US Borrower may from time to time request that an any Issuing Lender issue a Letter of Credit by delivering to such Issuing Lender at such Issuing Lender’s Lending Office and to the Administrative Agent at the Administrative Agent’s Office a Letter of Credit Application therefor, completed to the reasonable satisfaction of the applicable such Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such Issuing Lender and or the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)request. Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationApplication, the applicable Issuing Lender shall process such Letter of Credit Application and the L/C Supporting Documentation certificates, documents and other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article VVI, promptly issue the Letter of Credit requested thereby (but in no event shall the applicable such Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable such Issuing Lender and the US Borrower. The applicable Issuing Lender shall promptly furnish to the US Borrower and the Administrative Agent a copy of such Letter of Credit and the Administrative Agent shall promptly notify each Revolving Credit Lender of the issuance of such Letter of Credit and, and upon request by any Revolving Credit Lender, furnish to such Revolving Credit Lender a copy of such Letter of Credit and the amount of such Revolving Credit Lender’s participation therein.

Appears in 2 contracts

Samples: Credit Agreement (DXP Enterprises Inc), Credit Agreement (DXP Enterprises Inc)

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an any Issuing Lender issue a Letter of Credit by delivering to such any Issuing Lender at such Issuing Lender’s Lending Office and its applicable office (with a copy to the Administrative Agent at the Administrative Agent’s Office Office) a Letter of Credit Application therefor, completed to the reasonable satisfaction of the applicable such Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such Issuing Lender and or the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)request. Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationApplication, the applicable such Issuing Lender shall process such Letter of Credit Application and the L/C Supporting Documentation certificates, documents and other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article VVI, promptly issue the Letter of Credit requested thereby (but in no event shall the applicable such Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable such Issuing Lender and the Borrower. The applicable Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit and the Administrative Agent shall promptly notify each Revolving Credit Lender of the issuance of such Letter of Credit and, and upon request by any Lender, furnish to such Revolving Credit Lender a copy of such Letter of Credit and the amount of such Revolving Credit Lender’s participation therein.

Appears in 2 contracts

Samples: Credit Agreement (Switch, Inc.), Credit Agreement (Switch, Inc.)

Procedure for Issuance of Letters of Credit. The (a) US Borrowers may from time to time request that any Issuing Lender issue a US Letter of Credit and (b) Canadian Borrower may from time to time request that an any Issuing Lender issue a Canadian Letter of Credit Credit, in each case, by delivering to such Issuing Lender at such Issuing Lender’s Lending Office and its applicable office (with a copy to the Administrative Agent at the Administrative Agent’s Office Office) a Letter of Credit Application therefor, completed to the reasonable satisfaction of the applicable such Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such Issuing Lender and or the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)request. Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationApplication, the applicable Issuing Lender shall process such Letter of Credit Application and the L/C Supporting Documentation certificates, documents and other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article VVI, promptly issue the Letter of Credit requested thereby (but in no event shall the applicable such Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable such Issuing Lender and the applicable Borrower. The applicable Issuing Lender shall promptly furnish to the Borrower applicable Borrowers and the Administrative Agent a copy of such Letter of Credit and the Administrative Agent shall promptly notify each Revolving Credit Lender of the issuance of such Letter of Credit and, and upon request by any Lender, furnish to such Revolving Credit Lender a copy of such Letter of Credit and the amount of such Revolving Credit Lender’s participation therein.

Appears in 2 contracts

Samples: Credit Agreement (Southwest Gas Corp), Credit Agreement (Southwest Gas Corp)

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an the Issuing Lender issue a Letter of Credit by delivering to such Issuing Lender at such Issuing Lender’s Lending Office and to the Administrative Agent at the Administrative Agent’s Office a Letter of Credit Application therefor, completed to the reasonable satisfaction of the applicable Issuing Lender and the Administrative AgentAgent at their respective addresses for notices specified herein a letter of credit application in the Issuing Lender's then customary form (an "L/C APPLICATION") completed to the satisfaction of the Issuing Lender, and such other certificates, documents and other papers and information as such may be customary and as the Issuing Lender and the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)request. Upon receipt of any Letter of Credit L/C Application, the Issuing Lender will process such L/C Application and the L/C Supporting Documentationcertificates, the applicable Issuing Lender shall process such Letter of Credit Application documents and the L/C Supporting Documentation other papers and information delivered to it in connection therewith in accordance with its customary procedures and shalland, after approving upon receipt by the same and receiving Issuing Lender of confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of CreditCredit will not contravene subsection 3.1, subject to Section 3.1 and Article V, the Issuing Lender shall promptly issue the Letter of Credit requested thereby (but in no event shall the applicable Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit L/C Application therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable Issuing Lender and the Borrower. The applicable Issuing Lender shall promptly furnish a copy of such Letter of Credit to the Borrower and the Administrative Agent a copy of such Letter of Credit and promptly following the issuance thereof, and, thereafter, the Administrative Agent shall promptly notify each Lender of the issuance of such Letter of Credit and, upon request by any Lender, furnish to such Lender a copy of such Letter of Credit and thereof to the amount of such Lender’s participation thereinLenders.

Appears in 2 contracts

Samples: Credit Agreement (Meridian Resource Corp), Credit Agreement (Canton Oil & Gas Co)

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an any Issuing Lender issue a Letter of Credit by delivering to such Issuing Lender at such Issuing Lender’s Lending Office and its applicable office (with a copy to the Administrative Agent at the Administrative Agent’s Office Office) a Letter of Credit Application therefor, completed to the reasonable satisfaction of the applicable such Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such Issuing Lender and or the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)request. Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationApplication, the applicable Issuing Lender shall process such Letter of Credit Application and the L/C Supporting Documentation certificates, documents and other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article VVI, promptly issue the Letter of Credit requested thereby (but in no event shall the applicable such Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable Issuing Lender such Xxxxxxx Xxxxxx and the Borrower. The applicable Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit and the Administrative Agent shall promptly notify each Revolving Credit Lender of the issuance of such Letter of Credit and, and upon request by any LenderXxxxxx, furnish to such Revolving Credit Lender a copy of such Letter of Credit and the amount of such Revolving Credit Lender’s participation therein.

Appears in 2 contracts

Samples: Credit Agreement (SYNAPTICS Inc), Credit Agreement (SYNAPTICS Inc)

Procedure for Issuance of Letters of Credit. The Borrower may from time to toSECTION 3.2 time request that an the Issuing Lender issue a Letter of Credit by delivering to such the Issuing Lender at such Issuing Lender’s Lending Office and its applicable office (with a copy to the Administrative Agent at the Administrative Agent’s Office Office) a Letter of Credit Application therefor, completed to the reasonable satisfaction of the applicable Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such the Issuing Lender and or the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)request. Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationApplication, the applicable Issuing Lender shall process such Letter of Credit Application and the L/C Supporting Documentation certificates, documents and other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article VVI, promptly issue the Letter of Credit requested thereby (but in no event shall the applicable Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable Issuing Lender and the Borrower. The applicable Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit and the Administrative Agent shall promptly notify each Revolving Credit Lender of the issuance of such Letter of Credit and, and upon request by any Lender, furnish to such Revolving Credit Lender a copy of such Letter of Credit and the amount of such Revolving Credit Lender’s participation therein. Commissions and Other Charges.SECTION 3.3

Appears in 2 contracts

Samples: Credit Agreement and Incremental (Realpage Inc), Credit Agreement and Incremental (Realpage Inc)

Procedure for Issuance of Letters of Credit. The Borrower Borrower, may from time to time request that an the Issuing Lender issue a Letter of Credit by delivering to such the Issuing Lender at such Issuing Lender’s Lending Office and to the Administrative Agent at the Administrative Agent’s 's Office a Letter of Credit an Application therefor, completed to the reasonable satisfaction of the applicable Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such the Issuing Lender and the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)request. Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationApplication, the applicable Issuing Lender shall process such Letter of Credit Application and the L/C Supporting Documentation certificates, documents and other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article VV hereof, promptly issue the Letter of Credit requested thereby (but in no event shall the applicable Issuing Lender be required to issue any Letter of Credit earlier than three four (34) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable Issuing Lender and the Borrower; provided that the Issuing Lender shall not issue a Letter of Credit from and after the date which is one (1) day after it has received written notice from the Administrative Agent (upon the request of the Required Lenders) that one or more of the applicable conditions to Extensions of Credit specified in Section 5.3 is not then satisfied until such conditions are satisfied or waived in accordance with the provisions of this Agreement (and the Issuing Lender shall be entitled to conclusively rely on any such notice and shall have no obligation to independently investigate the accuracy of such notice and shall have no liability to the Borrower in respect thereof if such notice proves to be inaccurate). The applicable Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit and the Administrative Agent shall promptly notify each Lender of the issuance of such Letter of Credit and, and upon request by any Lender, furnish to such Lender a copy of such Letter of Credit and the amount of such Lender’s 's participation therein.

Appears in 2 contracts

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

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an any Issuing Lender issue a Letter of Credit by delivering to such Issuing Lender at such Issuing Lender’s Lending Office and its applicable office (with a copy to the Administrative Agent at the Administrative Agent’s Office Office) a Letter of Credit Application therefor, completed to the reasonable satisfaction of the applicable such Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such Issuing Lender and or the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)request. Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationApplication, the applicable Issuing Lender shall process such Letter of Credit Application and the L/C Supporting Documentation certificates, documents and other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article VVI, promptly issue the Letter of Credit requested thereby (but in no event shall the applicable such Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable such Issuing Lender and the Borrower. The applicable Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit and the Administrative Agent shall promptly notify each Lender of the issuance of such Letter of Credit and, and upon request by any Lender, furnish to such Lender a copy of such Letter of Credit and the amount of such Lender’s participation therein.

Appears in 2 contracts

Samples: Credit Agreement (Cirrus Logic Inc), Credit Agreement (Cirrus Logic Inc)

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an Issuing Lender issue a Letter of Credit by delivering to such the applicable Issuing Lender at such Issuing Lender’s Lending Office and to the Administrative Agent at the Administrative Agent’s Office a Letter of Credit Application therefor, completed to the reasonable satisfaction of the applicable such Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such Issuing Lender and the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)request. Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationApplication, the applicable each Issuing Lender shall process such Letter of Credit Application and the L/C Supporting Documentation certificates, documents and other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article VVI, promptly issue the Letter of Credit requested thereby (but in no event shall the applicable any Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days (or such lesser period of time as such Issuing Lender may agree) after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable such Issuing Lender and the Borrower. The applicable Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit and promptly notify the Administrative Agent, and the Administrative Agent shall promptly notify each Revolving Credit Lender of the issuance of such Letter of Credit and, upon request by any Revolving Credit Lender, furnish to such Lender a copy of such Revolving Credit Letter of Credit and the amount of such Revolving Credit Lender’s participation therein.

Appears in 2 contracts

Samples: Credit Agreement (CST Brands, Inc.), Credit Agreement (CST Brands, Inc.)

Procedure for Issuance of Letters of Credit. The Borrower Gannett may from time to time request that an the Issuing Lender issue a Letter of Credit by delivering to such the Issuing Lender at such Issuing Lender’s Lending Office and its address for notices specified herein or otherwise on file with the Administrative Agent (with a copy to the Administrative Agent at the Administrative Agent’s Office a Letter of Credit ) an Application therefor, completed to the reasonable satisfaction of the applicable Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such the Issuing Lender and may reasonably request. Unless the Issuing Lender has received written notice from any Lender or the Administrative Agent may reasonably request (at least one Business Day prior to the “L/C Supporting Documentation”) (which information shall include requested date of issuance or amendment of the Permitted Currency in which the applicable Letter of Credit that the conditions precedent set forth in Article IV shall not then be denominated). Upon receipt of any satisfied, then, subject to the terms and conditions hereof, the Issuing Lender shall, on the requested date, issue a Letter of Credit Application and the L/C Supporting Documentation, or enter into the applicable Issuing Lender shall process such Letter of Credit Application and amendment, as the L/C Supporting Documentation delivered to it in connection therewith case may be, in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article V, promptly issue the Letter of Credit requested thereby (but in no event shall the applicable Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original ). The Issuing Lender shall furnish a copy of such Letter of Credit to Gannett promptly following the beneficiary thereof or as otherwise may be agreed by the applicable Issuing Lender and the Borrowerissuance thereof. The applicable Issuing Lender shall promptly furnish to the Borrower and Administrative Agent, which shall in turn promptly furnish to the Administrative Agent a copy of such Letter of Credit and the Administrative Agent shall promptly notify each Lender Lenders, notice of the issuance of such each Letter of Credit and, upon request by any Lender, furnish to such Lender a copy of such (including the amount thereof). A Letter of Credit shall be issued only to the extent (and upon issuance of each Letter of Credit Gannett shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the L/C Obligations shall not exceed the L/C Commitment and (ii) the aggregate amount of the Five-Year Extensions of Credit shall not exceed the aggregate Five-Year Commitments. Such Issuing Lender shall promptly furnish to the Administrative Agent, which shall in turn promptly furnish to the Lenders, notice of the issuance of each Letter of Credit (including the amount of such Lender’s participation thereinthereof).

Appears in 2 contracts

Samples: Credit Agreement (Gannett Co Inc /De/), Gannett Co Inc /De/

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an Issuing Lender issue a Letter of Credit by delivering to such Issuing Lender at such Issuing Lender’s Lending Office and to the Administrative Agent at the Administrative Agent’s Office a Letter of Credit Application therefor, completed to the reasonable satisfaction of the applicable Issuing Lender and the Administrative Agent, and such other certificates, documents and other papers and information as such Issuing Lender and the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated). Upon receipt of any Letter of Credit Application and the L/C Supporting Documentation, the applicable Issuing Lender shall process such Letter of Credit Application and the L/C Supporting Documentation delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article V, promptly issue the Letter of Credit requested thereby (but in no event shall the applicable Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable Issuing Lender and the Borrower. The applicable Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit and the Administrative Agent shall promptly notify each Revolving Credit Lender of the issuance of such Letter of Credit and, upon request by any Revolving Credit Lender, furnish to such Revolving Credit Lender a copy of such Letter of Credit and the amount of such Lender’s participation therein.

Appears in 2 contracts

Samples: Eleventh Amendment and Consent (Bowater Inc), Eleventh Amendment and Consent (AbitibiBowater Inc.)

Procedure for Issuance of Letters of Credit. The U.S. Borrower may from time to time request that an any Issuing Lender issue a Letter of Credit by delivering to such Issuing Lender Lender, at the office of such Issuing Lender’s Lending Office and to the Administrative Agent at the Administrative Agent’s Office Lender specified in or determined in accordance with Section 11.1, a Letter of Credit Application therefor, completed to the reasonable satisfaction of the applicable such Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such Issuing Lender and the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the such Letter of Credit shall be denominated). Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationApplication, the applicable Issuing Lender shall process such Letter of Credit Application and the L/C Supporting Documentation certificates, documents and other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article V, promptly issue the Letter of Credit requested thereby (but in no event shall the applicable any Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable such Issuing Lender and the U.S. Borrower. The applicable Issuing Lender shall promptly furnish to the U.S. Borrower and the Administrative Agent a copy of such Letter of Credit and the Administrative Agent shall promptly notify each Lender of the issuance of such Letter of Credit and, and upon request by any Lender, furnish to such Lender a copy of such Letter of Credit and the amount of such Lender’s participation therein.

Appears in 2 contracts

Samples: Credit Agreement (Owens Corning), Credit Agreement (Owens Corning)

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an Issuing Lender issue a Letter of Credit by delivering to such Issuing Lender at such Issuing Lender’s Lending Office and to the Administrative Agent at the Administrative Agent’s Office a Letter of Credit its address for notices specified herein an Application therefor, completed to the reasonable satisfaction of the applicable such Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such Issuing Lender may request. Concurrently with the delivery of an Application to an Issuing Lender, the Borrower shall deliver a copy thereof to the Administrative Agent and the Administrative Agent may reasonably shall provide notice of such request (to the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)Lenders. Upon receipt of any Letter of Credit Application, an Issuing Lender will process such Application and the L/C Supporting Documentationcertificates, the applicable Issuing Lender shall process such Letter of Credit Application documents and the L/C Supporting Documentation other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article V, shall promptly issue the Letter of Credit requested thereby (but in no event shall the applicable Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed to by the applicable such Issuing Lender and the BorrowerBorrower (but in no event shall any Issuing Lender be required to issue any Letter of Credit earlier than three Business Days after its receipt of the Application therefor and all such other certificates, documents and other papers and information relating thereto). The applicable Promptly after issuance by an Issuing Lender of a Letter of Credit, such Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit and to the Borrower. Each Issuing Lender shall promptly give notice to the Administrative Agent shall promptly notify each Lender of the issuance of such each Letter of Credit andissued by such Issuing Lender (including the amount thereof), upon request by any Lender, furnish to such Lender and shall provide a copy of such Letter of Credit to the Administrative Agent as soon as possible after the date of issuance. Unless otherwise expressly agreed by an L/C Issuer and the amount Borrower, when a Letter of such Lender’s participation thereinCredit is issued (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce at the time of issuance shall apply to each commercial Letter of Credit.

Appears in 2 contracts

Samples: Credit Agreement (Pg&e Corp), Credit Agreement (Pg&e Corp)

Procedure for Issuance of Letters of Credit. The Borrower Borrowers may from time to time request that an the Issuing Lender issue a Letter of Credit by delivering to such Issuing Lender at such Issuing Lender’s Lending Office and to the Administrative Agent at the Administrative Agent’s Office a Letter of Credit Application therefortherefor specifying whether such Letter of Credit will be issued under the U.S. Revolving Commitments or the Global Revolving Commitments, completed to the reasonable satisfaction of the applicable Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such the Issuing Lender and may reasonably request; provided, that, if the Borrowers request the Issuing Lender to issue a Letter of Credit for the account of Fortegra Indemnity (or any successor thereof), the Borrowers shall (i) deliver a Letter of Credit Application to the Administrative Agent may reasonably request on behalf of the Borrowers and Fortegra Indemnity (or any successor thereof) requesting that Fortegra Indemnity (or any successor thereof) be named as the “L/C Supporting Documentation”) (applicant in such Letter of Credit, which information shall include the Permitted Currency in which the Letter of Credit Application shall be denominated)completed to the satisfaction of the Issuing Lender, (ii) at the request of the Issuing Lender, enter into a reimbursement agreement with Fortegra Indemnity (or any successor thereof) in form and substance reasonably acceptable to the Issuing Lender, which agreement shall be executed and delivered to the Administrative Agent prior to the issuance of such Letter of Credit, and (iii) deliver such other certificates, documents, papers and other information as the Issuing Lender may reasonably request. Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationApplication, the applicable Issuing Lender shall process such Letter of Credit Application and the L/C Supporting Documentation certificates, documents and other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article VARTICLE IV, promptly issue the Letter of Credit requested thereby (but in no event shall the applicable Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto, including, if applicable, a reimbursement agreement) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable Issuing Lender and the BorrowerBorrowers. The applicable Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent Borrowers a copy of such Letter of Credit and the Administrative Agent shall promptly notify each U.S. Revolving Lender or Global Revolving Lender, as applicable, of the issuance of such Letter of Credit and, and upon request by any U.S. Revolving Lender or Global Revolving Lender, as applicable, furnish to such Lender a copy of such Letter of Credit and the amount of such U.S. Revolving Lender’s or Global Revolving Lender’s, as applicable, participation therein.

Appears in 2 contracts

Samples: Credit Agreement (Fortegra Group, Inc), Credit Agreement (Tiptree Inc.)

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an the Issuing Lender issue a Letter of Credit by delivering to such the Issuing Lender at such Issuing Lender’s Lending Office and to the Administrative Agent at the Administrative Agent’s Office a Letter of Credit an Application therefor, completed to the reasonable satisfaction of the applicable Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information ("L/C Supporting Documentation") as such the Issuing Lender and the Administrative Agent may reasonably request (request. The Borrower will contemporaneously deliver to the Administrative Agent at the Administrative Agent's Office a copy of such Application and L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated). Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationApplication, the applicable Issuing Lender shall process such Letter of Credit Application and the L/C Supporting Documentation delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Revolving Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article VVI hereof, promptly issue the Letter of Credit requested thereby (but in no event shall the applicable Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the all L/C Supporting Documentation relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable Issuing Lender and the Borrower; provided that the Issuing Lender shall not issue a Letter of Credit from and after the date which is one (1) day after it has received written notice from the Administrative Agent (upon the request of the Required Lenders) that one or more of the applicable conditions to Extensions of Credit specified in Section 6.3 is not then satisfied until such conditions are satisfied or waived in accordance with the provisions of this Agreement (and the Issuing Lender shall be entitled to conclusively rely on any such notice and shall have no obligation to independently investigate the accuracy of such notice and shall have no liability to the Borrower in respect thereof if such notice proves to be inaccurate). The applicable Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit and the Administrative Agent shall promptly notify each Lender of the issuance of such Letter of Credit and, and upon request by any Lender, furnish to such Lender a copy of such Letter of Credit and the amount of such Lender’s 's participation therein.

Appears in 2 contracts

Samples: Credit Agreement (Jack in the Box Inc /New/), Credit Agreement (Jack in the Box Inc /New/)

Procedure for Issuance of Letters of Credit. The Borrower (a) US Borrowers may from time to time request that an any Issuing Lender issue a US Letter of Credit and (b) Canadian Borrowers may from time to time request that any Issuing Lender issue a Canadian Letter of Credit, in each case, by delivering to such Issuing Lender at such Issuing Lender’s Lending Office and its applicable office (with a copy to the Administrative Agent at the Administrative Agent’s Office Office) a Letter of Credit Application therefor, completed to the reasonable satisfaction of the applicable such Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such Issuing Lender and Xxxxxxx Xxxxxx or the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)request. Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationApplication, the applicable Issuing Lender shall process such Letter of Credit Application and the L/C Supporting Documentation certificates, documents and other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article VVI, promptly issue the Letter of Credit requested thereby (but in no event shall the applicable such Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable such Issuing Lender and the applicable Borrower. The applicable Issuing Lender shall promptly furnish to the Borrower applicable Borrowers and the Administrative Agent a copy of such Letter of Credit and the Administrative Agent shall promptly notify each Revolving Credit Lender of the issuance of such Letter of Credit and, and upon request by any LenderXxxxxx, furnish to such Revolving Credit Lender a copy of such Letter of Credit and the amount of such LenderRevolving Credit Xxxxxx’s participation therein.

Appears in 2 contracts

Samples: Credit Agreement (Centuri Holdings, Inc.), Credit Agreement (Southwest Gas Corp)

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an the Issuing Lender Bank issue a Letter of Credit by delivering to such the Issuing Lender at such Issuing Lender’s Lending Office and to the Administrative Agent Bank at the Administrative Agent’s Office a Letter of Credit an Application therefor, completed to the reasonable satisfaction of the applicable Issuing Lender and the Administrative AgentBank, and such other certificates, documents and other papers and information as such Issuing Lender and the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) as the Issuing Bank and the Agent may request (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated). Upon receipt The Borrower will contemporaneously deliver to the Agent, at the Agent’s office, a copy of any Letter of Credit such Application and the L/C Supporting Documentation. Upon receipt of any Application, the applicable Issuing Lender Bank shall process such Letter of Credit Application and the L/C Supporting Documentation delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility Revolving Commitment for the issuance of such Letter of Credit, subject to Section 3.1 2.20(a) and Article VIV hereof, promptly issue the Letter of Credit requested thereby (but in no event shall the applicable Issuing Lender Bank be required to issue any Letter of Credit earlier than three four (34) Business Days after its receipt of the Letter of Credit Application therefor and the all L/C Supporting Documentation relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable Issuing Lender Bank and the Borrower. The applicable Issuing Lender Bank shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit and the Administrative Agent shall promptly notify each Lender of the issuance of such Letter of Credit and, and upon request by any Lender, furnish to such Lender a copy of such Letter of Credit and the amount of such Lender’s participation therein.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Choice Hotels International Inc /De), Revolving Credit Agreement (Choice Hotels International Inc /De)

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an any Issuing Lender issue a Letter of Credit by delivering to such Issuing Lender at such Issuing Lender’s Lending Office and its applicable office (with a copy to the Administrative Agent at the Administrative Agent’s Office Office) a Letter of Credit Application therefor, completed to the reasonable satisfaction of the applicable such Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such Issuing Lender and or the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)request. Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationApplication, the applicable Issuing Lender shall process such Letter of Credit Application and the L/C Supporting Documentation certificates, documents and other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 3.01 and Article VVI, promptly issue the Letter of Credit requested thereby (but in no event shall the applicable such Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable such Issuing Lender and the Borrower. The applicable Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit and the Administrative Agent shall promptly notify each Lender of the issuance of such Letter of Credit and, and upon request by any Lender, furnish to such Lender a copy of such Letter of Credit and the amount of such Lender’s participation therein.

Appears in 2 contracts

Samples: Credit Agreement (Salesforce Com Inc), Credit Agreement (Salesforce Com Inc)

Procedure for Issuance of Letters of Credit. The Borrower Borrowers’ Representative may from time to time request that an the Issuing Lender issue a Letter of Credit by delivering to such Issuing Lender at such Issuing Lender’s Lending Office and to the Administrative Agent at the Administrative Agent’s Office a Letter of Credit Application therefor, completed to the reasonable satisfaction of the applicable Issuing Lender and the Administrative Agent, and such other certificates, documents and other papers and information as such Issuing Lender and the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter at their respective addresses for notices specified herein a letter of Credit shall be denominated)credit application. Upon receipt of any Letter letter of Credit Application and the L/C Supporting Documentationcredit application, the applicable Issuing Lender shall will process such Letter letter of Credit Application and credit application on (i) the L/C Supporting Documentation delivered to it in connection therewith in accordance with its customary procedures and shallBusiness Day on which such letter of credit application is received, provided that such letter of credit application is received no later than 11:00 a.m. (New York time) on such Business Day, or (ii) the first Business Day next succeeding receipt of such letter of credit application if received after approving such time. Upon receipt by the same and receiving Issuing Lender of confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of CreditCredit will not contravene Section 3.1, subject to Section 3.1 and Article V, the Issuing Lender shall promptly issue the Letter of Credit requested thereby (but in no event shall the applicable Issuing Lender be required to issue any Letter of Credit earlier than three (3) noon New York time on the Business Days after Day of its receipt of the Letter letter of Credit Application therefor and the L/C Supporting Documentation relating theretocredit application) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable Issuing Lender and the BorrowerBorrowers’ Representative. The applicable Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit to the Borrowers’ Representative and the Administrative Agent promptly following the issuance thereof, and, thereafter, the Administrative Agent shall promptly notify each Lender of the issuance of such Letter of Credit and, upon request by any Lender, furnish to such Lender a copy of such Letter of Credit and thereof to the amount of such Lender’s participation thereinLenders.

Appears in 2 contracts

Samples: Credit Agreement (EP Energy Corp), Credit Agreement (El Paso Corp/De)

Procedure for Issuance of Letters of Credit. (a) The Borrower may from time to time request that an any Issuing Lender (other than any Issuing Lender referred to in clause (b) of the definition of “Issuing Lender”) issue a Letter of Credit by delivering to such Issuing Lender at such Issuing Lender’s Lending Office and to the Administrative Agent at the Administrative Agent’s Office a Letter of Credit its address for notices specified herein an Application therefor, completed to the reasonable satisfaction of the applicable such Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such Issuing Lender and the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)request. Upon receipt of any Application, such Issuing Lender will notify the Administrative Agent of the amount, the beneficiary and the requested expiration of the requested Letter of Credit Credit, and upon receipt of written confirmation from the Administrative Agent that after giving effect to the requested issuance, none of the statements specified in clauses (i) through (iv) of the first sentence of Section 3.7(a) would be true, such Issuing Lender will process such Application and the L/C Supporting Documentationcertificates, the applicable Issuing Lender shall process such Letter of Credit Application documents and the L/C Supporting Documentation other papers and information delivered to it in connection therewith to be processed in accordance with its customary policies and procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article V, shall promptly issue the Letter of Credit requested thereby (but in no event shall the applicable any Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed to by the applicable such Issuing Lender and the Borrower. The applicable Such Issuing Lender shall furnish a copy of such Letter of Credit to the Borrower (with a copy to the Administrative Agent) promptly following the issuance thereof. Such Issuing Lender shall promptly furnish to the Borrower and Administrative Agent, which shall in turn promptly furnish to the Administrative Agent a copy of such Letter of Credit and the Administrative Agent shall promptly notify each Lender Lenders, notice of the issuance of such each Letter of Credit and, upon request by any Lender, furnish to such Lender a copy of such Letter of Credit and (including the amount of such Lender’s participation thereinthereof).

Appears in 2 contracts

Samples: Credit Agreement (Advanced Drainage Systems, Inc.), Credit Agreement (IAA, Inc.)

Procedure for Issuance of Letters of Credit. The Borrower (a) Any Applicable Account Party, with (in the case of any such Applicable Account Party other than the Company) the written consent of the Company (substantially in the form of Exhibit M hereto or as the Company may otherwise specify from time to time), may from time to time request that an any Issuing Lender issue (or cause its Applicable Lending Office to issue) a Letter of Credit by delivering to such Issuing Lender at such Issuing Lender’s Lending Office and to its address for notices specified in accordance with the Administrative Agent at the Administrative Agent’s Office a Letter provisions of Credit Section 10.2 an Application therefor, completed to the reasonable satisfaction of the applicable such Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such the Issuing Lender and the Administrative Agent may reasonably request consistent with its customary business practices for comparable transactions in the applicable jurisdiction (it being expressly understood and agreed by each Issuing Lender that the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter terms and provisions of Credit each such Application shall be denominatedconsistent with the terms and provisions of this Agreement). Upon receipt of any Letter of Credit Application, the relevant Issuing Lender will process such Application and the L/C Supporting Documentationcertificates, the applicable Issuing Lender shall process such Letter of Credit Application documents and the L/C Supporting Documentation other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article V, shall promptly issue (or cause its Applicable Lending Office to issue) the Letter of Credit requested thereby (but in no event shall the applicable any Issuing Lender be required to issue (or cause its Applicable Lending Office to issue) any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed to by the applicable relevant Issuing Lender and the BorrowerApplicable Account Party. The applicable relevant Issuing Lender shall furnish a copy of such Letter of Credit to the Applicable Account Party promptly following the issuance thereof. The relevant Issuing Lender shall promptly furnish to the Borrower Administrative Agent notice of the issuance of each Letter of Credit (including the amount and currency thereof). No Issuing Lender shall issue (or cause its Applicable Lending Office to issue) any Letter of Credit during any period commencing on the first Business Day after it receives written notice from the Administrative Agent a copy that one or more of the conditions precedent contained in Section 5.2 shall not on such Letter of Credit date be satisfied or waived, and ending when the Administrative Agent provides written notice to the effect that such conditions are satisfied or waived. The Administrative Agent shall promptly notify each Lender of the Issuing Lenders upon becoming aware that such conditions in Section 5.2 are thereafter satisfied or waived. The Issuing Lenders shall not otherwise be required to determine that, or take notice whether, the conditions precedent set forth in Section 5.2 have been satisfied or waived in connection with the issuance of such any Letter of Credit and, upon request by any Lender, furnish to such Lender a copy of such Letter of Credit and the amount of such Lender’s participation thereinCredit.

Appears in 2 contracts

Samples: Guarantee Agreement (General Motors Financial Company, Inc.), Guarantee Agreement (General Motors Financial Company, Inc.)

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an any Issuing Lender issue a Letter of Credit by delivering to such Issuing Lender Lender, at the office of such Issuing Lender’s Lending Office and to the Administrative Agent at the Administrative Agent’s Office Lender specified in or determined in accordance with Section 11.1, a Letter of Credit Application therefor, completed to the reasonable satisfaction of the applicable such Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such Issuing Lender and the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the such Letter of Credit shall be denominated). Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationApplication, the applicable Issuing Lender shall process such Letter of Credit Application and the L/C Supporting Documentation certificates, documents and other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article V, promptly issue the Letter of Credit requested thereby (but in no event shall the applicable any Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable such Issuing Lender and the Borrower. The applicable Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit and the Administrative Agent shall promptly notify each Lender of the issuance of such Letter of Credit and, and upon request by any Lender, furnish to such Lender a copy of such Letter of Credit and the amount of such Lender’s participation therein.

Appears in 2 contracts

Samples: Credit Agreement (Owens Corning), Credit Agreement (Owens Corning)

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an Issuing Lender issue a Letter of Credit by delivering to such Issuing Lender at such Issuing Lender’s Lending Office and to the Administrative Agent at the Administrative Agent’s Office a Letter of Credit its address for notices specified herein an Application therefor, completed to the reasonable satisfaction of the applicable such Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such Issuing Lender may request. Concurrently with the delivery of an Application to an Issuing Lender, the Borrower shall deliver a copy thereof to the Designated Agent and the Administrative Designated Agent may reasonably shall provide notice of such request (to the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)Lenders. Upon receipt of any Letter of Credit Application, an Issuing Lender will process such Application and the L/C Supporting Documentationcertificates, the applicable Issuing Lender shall process such Letter of Credit Application documents and the L/C Supporting Documentation other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article V, shall promptly issue the Letter of Credit requested thereby (but in no event shall the applicable Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed to by the applicable such Issuing Lender and the BorrowerBorrower (but in no event shall any Issuing Lender be required to issue any Letter of Credit earlier than three Business Days after its receipt of the Application therefor and all such other certificates, documents and other papers and information relating thereto). The applicable Promptly after issuance by an Issuing Lender of a Letter of Credit, such Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit and to the Administrative Agent Borrower. The Borrower is responsible for the final text of the Letter of Credit as issued by an Issuing Lender, irrespective of any assistance such Issuing Lender may provide such as drafting or recommending text or by Issuing Lender’s use or refusal to use text submitted by the Borrower. The Borrower is solely responsible for the suitability of the Letter of Credit for the Borrower’s purposes. Each Issuing Lender shall promptly notify each Lender give notice to the Designated Agent of the issuance of such each Letter of Credit andissued by such Issuing Lender (including the amount thereof), upon request by any Lender, furnish to such Lender and shall provide a copy of such Letter of Credit to the Designated Agent as soon as possible after the date of issuance. Unless otherwise expressly agreed by an Issuing Lender and the amount Borrower, when a Letter of Credit is issued (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce at the time of issuance shall apply to each commercial Letter of Credit. If the Borrower so requests in any applicable Application, the Issuing Lender may, in its sole discretion, agree to issue a Letter of Credit that has automatic extension provisions (each, an “Auto-Extension Letter of Credit”); provided that any such Auto-Extension Letter of Credit must permit the Issuing Lender to prevent any such extension at least once in each twelve-month period (commencing with the date of issuance of such Letter of Credit) by giving prior notice to the beneficiary thereof not later than a day (the “Non-Extension Notice Date”) in each such twelve-month period to be agreed upon at the time such Letter of Credit is issued. Unless otherwise directed by the Issuing Lender’s participation therein, the Borrower shall not be required to make a specific request to the Issuing Lender for any such extension. Once an Auto-Extension Letter of Credit has been issued, the Lenders shall be deemed to have authorized (but may not require) the Issuing Lender to permit the extension of such Letter of Credit at any time to an expiry date not later than the Letter of Credit Expiration Date; provided, however, that the Issuing Lender shall not permit any such extension if it has received notice (which may be by telephone or in writing) on or before the day that is seven Business Days before the Non-Extension Notice Date (1) from the Designated Agent that the Required Lenders have elected not to permit such extension or (2) from the Designated Agent, any Lender or the Borrower that one or more of the applicable conditions specified in Section 5.2 is not then satisfied, and in each such case directing the Issuing Lender not to permit such extension.

Appears in 2 contracts

Samples: Credit Agreement (PG&E Corp), Assignment and Assumption (PG&E Corp)

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an any Issuing Lender issue a Letter of Credit (or amend, extend or renew an outstanding Letter of Credit) by delivering to such Issuing Lender at any Issuing Lender's office at any address mutually acceptable to the Borrower and such Issuing Lender’s Lending Office and to the Administrative Agent at the Administrative Agent’s Office a Letter of Credit Lender an L/C Application therefor, completed to the reasonable satisfaction of the applicable such Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such Issuing Lender may reasonably request. The L/C Application will contain a representation and warranty that the conditions specified in Section 5.3 hereof have been satisfied or waived in writing by the Administrative Agent may reasonably request (as of the date of the L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)Application. Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationApplication, the applicable such Issuing Lender shall process such Letter of Credit L/C Application and the L/C Supporting Documentation certificates, documents and other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 3.1, this Section 3.2 and Article VV hereof, promptly issue the Letter of Credit (or amend, extend or renew the outstanding Letter of Credit) requested thereby (but in no event shall the applicable any Issuing Lender be required to issue any Letter of Credit (or amend, extend or renew an outstanding 30 Letter of Credit) earlier than three (3) Business Days after its receipt of the Letter of Credit L/C Application therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable such Issuing Lender and the Borrower. The applicable Within fifteen (15) Business Days after the end of each calendar quarter, each Issuing Lender shall promptly furnish to the Borrower and (or the Administrative Agent a copy of such Letter of Credit and if the Administrative Agent agrees to undertake such action) shall promptly notify report to each Lender of the issuance of such Letter all Letters of Credit and, upon request issued by any Lender, furnish to such Lender a copy of such Letter it during the previous calendar quarter and the average daily undrawn and unexpired amounts for all Letters of Credit and the amount of for each day in such Lender’s participation thereincalendar quarter.

Appears in 2 contracts

Samples: Credit Agreement (Wausau Mosinee Paper Mills Corp), Credit Agreement (Wausau Mosinee Paper Mills Corp)

Procedure for Issuance of Letters of Credit. The Borrower Company may from time to time request that an the Issuing Lender issue a Letter of Credit by delivering to such the Issuing Lender at such Issuing Lender’s Lending Office and to the Administrative Agent at the Administrative Agent’s Office a Letter of Credit Application therefor, completed to the reasonable satisfaction of the applicable Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such the Issuing Lender and the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (request, which such information shall include (a) the Permitted Currency in which the such Letter of Credit shall be denominateddenominated and (b) whether such Letter of Credit is to be a Fronted Letter of Credit or a Several Letter of Credit (and, in the case of Several Letters of Credit, in the event a Lender advises the L/C Agent that such Lender is a Participating Lender, such Participating Lender’s Commitment Percentage of such Several Letter of Credit will be issued by the L/C Agent as the Several Issuing Lender in reliance on such Participating Lender’s obligation to purchase participations in such amount pursuant to Section 3.1(a)(iii)). Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationApplication, the applicable Issuing Lender shall process such Letter of Credit Application and the L/C Supporting Documentation certificates, documents and other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article V, promptly issue the Letter of Credit requested thereby (but in no event shall the applicable Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable Issuing Lender and the BorrowerCompany. The applicable Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent Company a copy of such Letter of Credit and the Administrative Agent shall promptly notify each Several Issuing Lender (in the case of Several Letters of Credit) and L/C Participant of the issuance of such Letter of Credit and, and upon request by any Lenderapplicable Several Issuing Lender or L/C Participant, furnish to such Several Issuing Lender or L/C Participant a copy of such Letter of Credit and the amount of such LenderL/C Participant’s participation therein.

Appears in 2 contracts

Samples: Credit Agreement (BlackRock Inc.), Revolving Credit Agreement (BlackRock Inc.)

Procedure for Issuance of Letters of Credit. The Borrower (a) US Borrowers may from time to time request that an any Issuing Lender issue a US Letter of Credit and (b) Canadian Borrowers may from time to time request that any Issuing Lender issue a Canadian Letter of Credit, in each case, by delivering to such Issuing Lender at such Issuing Lender’s Lending Office and its applicable office (with a copy to the Administrative Agent at the Administrative Agent’s Office Office) a Letter of Credit Application therefor, completed to the reasonable satisfaction of the applicable such Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such Issuing Lender and or the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)request. Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationApplication, the applicable Issuing Lender shall process such Letter of Credit Application and the L/C Supporting Documentation certificates, documents and other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article VVI, promptly issue the Letter of Credit requested thereby (but in no event shall the applicable such Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable such Issuing Lender and the applicable Borrower. The applicable Issuing Lender shall promptly furnish to the Borrower applicable Borrowers and the Administrative Agent a copy of such Letter of Credit and the Administrative Agent shall promptly notify each Revolving Credit Lender of the issuance of such Letter of Credit and, and upon request by any Lender, furnish to such Revolving Credit Lender a copy of such Letter of Credit and the amount of such Revolving Credit Lender’s participation therein.

Appears in 2 contracts

Samples: Credit Agreement (Centuri Holdings, Inc.), Credit Agreement (Southwest Gas Corp)

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an the Issuing Lender issue a Letter of Credit by delivering to such the Issuing Lender at such Issuing Lender’s Lending Office and its applicable office (with a copy to the Administrative Agent at the Administrative Agent’s Office Office) a Letter of Credit Application therefor, completed to the reasonable satisfaction of the applicable Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such the Issuing Lender and or the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)request. Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationApplication, the applicable Issuing Lender shall process such Letter of Credit Application and the L/C Supporting Documentation certificates, documents and other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article VVI, promptly issue the Letter of Credit requested thereby (but in no event shall the applicable Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating 59442126_10 thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable Issuing Lender and the Borrower. The applicable Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit and the Administrative Agent shall promptly notify each Revolving Credit Lender of the issuance of such Letter of Credit and, and upon request by any Lender, furnish to such Revolving Credit Lender a copy of such Letter of Credit and the amount of such Revolving Credit Lender’s participation therein.

Appears in 2 contracts

Samples: Credit Agreement (Realpage Inc), Credit Agreement (Realpage Inc)

Procedure for Issuance of Letters of Credit. The Borrower may from time shall submit an Application with respect to time request that an Issuing Lender issue a the extension of the CNA Letter of Credit by delivering to such Issuing Lender at such Issuing Lender’s Lending Office and to and/or the Administrative Agent at issuance of each of the Administrative Agent’s Office a MedStar Letter of Credit Application thereforand the Reliance Letter of Credit, completed as applicable, to the reasonable satisfaction Issuing Bank at least two (2) Business Days prior to the date of extension or issuance at its address for notices specified herein in form and substance satisfactory to the applicable Issuing Lender and the Administrative AgentBank, and together with such other certificates, documents and other papers and information as such the Issuing Lender and the Administrative Agent Bank may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)request. Upon receipt of any Letter of Credit the Application, the Issuing Bank shall process such Application and the L/C Supporting Documentationcertificates, the applicable Issuing Lender shall process such Letter of Credit Application documents and the L/C Supporting Documentation other papers and information delivered to it in connection therewith in accordance with its customary procedures and shallshall issue an amendment, after approving extension or replacement of the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such CNA Letter of Credit, subject to Section 3.1 and Article V, promptly Credit and/or issue the MedStar Letter of Credit or Reliance Letter of Credit requested thereby (but in no event shall the applicable Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable Issuing Lender and the Borrowerthereby. The applicable Issuing Lender Bank shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit and the Administrative Agent shall promptly notify each Lender of the issuance of such Letter of Credit and, upon request by any Lender, furnish to such Lender L/C Participant a copy of such Letter of Credit and the amount of each Lender's L/C Participation therein, all promptly following the issuance of such Lender’s participation thereinLetter of Credit. To the extent that any provision of any Application related to any Letter of Credit is inconsistent with the provisions of this Article 4, the provisions of this Article 4 shall apply; PROVIDED, HOWEVER, that, in the event there is no such conflict, the terms of the Application shall remain in full force and effect. The parties agree that notwithstanding any other term of this Agreement, each of the Letters of Credit shall contain provisions allowing for the automatic extension of its expiration date, absent notice from the Issuing Bank, and the Issuing Bank shall, so long as it has not received written notice of the occurrence of a Default or Event of Default that is outstanding, allow such extension unless, not later than fifteen (15) Business Days prior to the last day upon which notice of termination may be given under such Letter of Credit, the Required Lenders provide written instruction to the Issuing Bank to send such a notice; PROVIDED, that in no event shall the Issuing Bank be required to extend the expiration of any Letter of Credit beyond the Termination Date.

Appears in 1 contract

Samples: Intercompany Subordination Agreement (Rural Metro Corp /De/)

Procedure for Issuance of Letters of Credit. The Borrower Canadian Borrower, on behalf of itself and the other Credit Parties, may from time to time request that an the applicable Issuing Lender issue a Letter of Credit by delivering to such the applicable Issuing Lender at such Issuing Lender’s 's Lending Office and to the Administrative Agent at the Administrative Agent’s Office a Letter of Credit Application therefor, completed to the reasonable satisfaction of the applicable Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information ("L/C Supporting Documentation") as such Issuing Lender and the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated). The applicable Multicurrency Borrower will contemporaneously deliver to the Administrative Agent, at the Administrative Agent's Office, a copy of such Letter of Credit Application and L/C Supporting Documentation. Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationApplication, the applicable Issuing Lender shall process such Letter of Credit Application and the L/C Supporting Documentation delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Revolving Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article VVI, promptly issue the Letter of Credit requested thereby (but in no event shall the applicable such Issuing Lender be required to issue any Letter of Credit earlier than three four (34) Business Days (or such lesser time period as agreed to by the applicable Issuing Lender and the applicable Multicurrency Borrower) after its receipt of the Letter of Credit Application therefor and the all L/C Supporting Documentation relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable Issuing Lender and the applicable Multicurrency Borrower. The applicable Issuing Lender shall promptly furnish to the such Multicurrency Borrower and the Administrative Agent a copy of such Letter of Credit and the Administrative Agent shall promptly notify each Lender of the issuance of such Letter of Credit and, upon request by any Lender, furnish to such Lender a copy of such Letter of Credit and the amount of such Lender’s participation thereinCredit.

Appears in 1 contract

Samples: Credit Agreement (Cott Corp /Cn/)

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an any Issuing Lender issue a Letter of Credit (or amend, extend or renew an outstanding Letter of Credit) by delivering to such Issuing Lender at any Issuing Lender's office at any address mutually acceptable to the Borrower and such Issuing Lender’s Lending Office and to the Administrative Agent at the Administrative Agent’s Office a Letter of Credit Lender an Application therefor, completed to the reasonable satisfaction of the applicable such Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such Issuing Lender and the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)request. Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationApplication, the applicable such Issuing Lender shall process such Letter of Credit Application and the L/C Supporting Documentation certificates, documents and other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article VVI hereof, promptly issue the Letter of Credit (or amend, extend or renew the outstanding Letter of Credit) requested thereby (but in no event shall the applicable any Issuing Lender be required to issue any Letter of Credit (or amend, extend or renew an outstanding Letter of Credit) earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable such Issuing Lender and the Borrower. The applicable Issuing Lender shall promptly furnish to Within fifteen (15) Business Days after the Borrower and the Administrative Agent a copy end of such Letter of Credit and each month, the Administrative Agent shall promptly notify report to each Lender of the issuance of average daily outstandings for each day in such Letter month for all Letters of Credit and, upon request by any Lender, furnish to such Lender a copy of such Letter of Credit and during the amount of such Lender’s participation thereinprevious month.

Appears in 1 contract

Samples: Credit Agreement (Jones Apparel Group Inc)

Procedure for Issuance of Letters of Credit. The (a) Borrower may from time to time request that an the Issuing Lender issue a Letter of Credit by delivering to such the Issuing Lender at such Issuing Lender’s Lending Office and to the Administrative Agent at the Administrative Agent’s 's Lending Office a Letter of Credit an Application therefor, completed to the reasonable satisfaction of the applicable Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such the Issuing Lender and the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated). Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationApplication, the applicable Issuing Lender shall process such Letter of Credit Application and the L/C Supporting Documentation certificates, documents and other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Syndicated Facility for the issuance of such Letter of Credit, subject to Section 3.1 2A.01 and Article VIV hereof, promptly issue the Letter of Credit requested thereby (but in no event shall the applicable Issuing Lender be required to issue any Letter of Credit earlier than three four (34) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable Issuing Lender and the Borrower. The applicable Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit and the Administrative Agent shall promptly notify each Lender of the issuance of such Letter of Credit and, and upon request by any Lender, furnish to such Lender a copy of such Letter of Credit and the amount of such Lender’s 's participation therein.

Appears in 1 contract

Samples: Choicepoint Inc

Procedure for Issuance of Letters of Credit. The Whenever Borrower may from time to time request that an Issuing Lender issue desires the issuance of a Letter of Credit by delivering to such Issuing Lender at such Issuing Lender’s Lending Office hereunder, it shall give Agent and to the Administrative Facing Agent at least three (3) Business Days' prior written notice (or such shorter period as may be agreed to by Borrower, Agent and Facing Agent) specifying the Administrative Agent’s Office day of issuance thereof (which day shall be a Business Day), such notice to be given prior to 12:00 P.M. (New York City time) on the date specified for the giving of such notice. Each such notice (each, a "Letter of Credit Application thereforRequest") shall be in the form of Exhibit 2.9 hereto and shall specify (A) the proposed issuance date and expiration date, completed (B) the name(s) of each obligor with respect to such Letter of Credit, (C) Borrower as the reasonable satisfaction account party, (D) the name and address of the applicable Issuing Lender beneficiary (which Person shall be reasonably acceptable to Facing Agent), (E) the Stated Amount of such proposed Letter of Credit and (F) the Administrative Agent, purpose of such Letter of Credit and such other certificates, documents and other papers and information as such Issuing Lender and the Administrative Facing Agent may reasonably request (which shall be acceptable to Agent and Facing Agent). In addition, each Letter of Credit Request shall contain a description of the “L/C Supporting Documentation”) terms and conditions to be included in such proposed Letter of Credit (all of which information terms and conditions shall include be acceptable to Facing Agent). Promptly after issuance of any Letter of Credit, Facing Agent shall notify the Permitted Currency Lenders of such issuance and such notice shall be accompanied by a copy of the issued Letter of Credit in which the case of a Standby Letter of Credit and in the case of a Commercial Letter of Credit, a copy of the issued Letter of Credit shall be denominated)available upon request to Facing Agent. Upon receipt of any Letter Unless otherwise specified, all Letters of Credit Application will be governed by the Uniform Customs and Practice for Documentary Credits as in effect on the L/C Supporting Documentation, the applicable Issuing Lender shall process such Letter date of Credit Application and the L/C Supporting Documentation delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 . Each Letter of Credit shall include any other documents as Facing Agent customarily requires in connection therewith. On the Business Day specified by Borrower and upon fulfillment or waiver of the applicable conditions set forth in Article V, promptly Facing Agent will issue the Letter of Credit requested thereby (but in no event shall the applicable Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable Issuing Lender and the Borrower. The applicable Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit and the Administrative Agent shall promptly notify each Lender of the issuance of such Letter of Credit and, upon request by any Lender, furnish to such Lender a copy of such Letter of Credit and the amount of such Lender’s participation thereinbeneficiary.

Appears in 1 contract

Samples: Credit Agreement (Gaylord Container Corp /De/)

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Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an any Issuing Lender issue a Letter of Credit (or amend, extend or renew an outstanding Letter of Credit) by delivering to such Issuing Lender at any address mutually acceptable to the Borrower and such Issuing Lender’s Lending Office and to the Administrative Agent at the Administrative Agent’s Office a Letter of Credit Lender an L/C Application therefor, completed to the reasonable satisfaction of the applicable such Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such Issuing Lender may reasonably request. The L/C Application will contain a representation and warranty that the conditions specified in Section 5.3 hereof have been satisfied or waived in writing by the Administrative Agent may reasonably request (as of the date of the L/C Supporting Documentation”) (which information shall include Application. The L/C Application will also state the Permitted Currency in which aggregate principal amount of all Competitive Bid Loans outstanding under the Letter of Revolving Credit shall be denominated)Facilities. Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationApplication, the applicable such Issuing Lender shall process such Letter of Credit L/C Application and the L/C Supporting Documentation certificates, documents and other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 3.1, this Section 3.2 and Article VV hereof, promptly issue the Letter of Credit (or amend, extend or renew the outstanding Letter of Credit) requested thereby (but in no event shall the applicable any Issuing Lender be required to issue any Letter of Credit (or amend, extend or renew an outstanding Letter of Credit) earlier than three (3) Business Days after its receipt of the Letter of Credit L/C Application therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable such Issuing Lender and the Borrower. The applicable Within fifteen (15) Business Days after the end of each calendar quarter, each Issuing Lender shall promptly furnish to the Borrower and (or the Administrative Agent a copy if the Administrative Agent agrees to undertake such action) shall report to each Lender all Letters of Credit issued by it during the previous calendar quarter and the average daily undrawn and unexpired amounts for all Letters of Credit for each day in such calendar quarter. Each Issuing Lender (or the Administrative Agent if the Administrative Agent agrees to undertake such action) shall calculate the Dollar Equivalent of each outstanding Letter of Credit denominated in an Optional Currency as of the end of each calendar month and shall notify the Administrative Agent shall promptly notify each Lender of and the issuance Borrower of such Letter calculation, and such calculation shall be the basis of Credit and, upon request by any Lender, furnish to such Lender a copy determination of such Letter of Credit and the amount of outstanding Revolving A L/C Obligations for purposes hereof until the next such Lender’s participation thereincalculation.

Appears in 1 contract

Samples: Credit Agreement (Pittston Co)

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an the Issuing Lender issue a Letter of Credit, or request that a Letter of Credit be amended or extended, by delivering to such Issuing Lender at such the Issuing Lender’s Lending Office and , with a copy to the Administrative Agent at (if different) an application therefor in the Administrative Agent’s Office a Letter form of Credit Application thereforExhibit L, completed to the reasonable satisfaction of the applicable Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such the Issuing Lender and the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)request. Upon receipt of any Letter of Credit Application and the L/C Supporting Documentationapplication, the applicable Issuing Lender shall process such Letter of Credit Application application and the L/C Supporting Documentation certificates, documents and other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article VSection 12 hereof, promptly issue the Letter of Credit requested thereby (but in no event shall the applicable Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application application therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable Issuing Lender and the Borrower. The applicable Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit and the Administrative Agent shall promptly notify each Lender of the issuance of such Letter of Credit and, and upon request by any Lender, furnish to such Lender a copy of such Letter of Credit and the amount of such Lender’s 's participation therein.

Appears in 1 contract

Samples: Credit Agreement (TAL International Group, Inc.)

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an any Issuing Lender issue Bank issue, amend, renew or extend a Letter of Credit by delivering to such Issuing Lender Bank at such Issuing Lender’s Lending Office and its applicable office (with a copy to the Administrative Agent at the Revolver Administrative Agent’s Office ) a Letter of Credit Application therefor, completed to the reasonable satisfaction of the applicable such Issuing Lender and the Administrative AgentBank, and such other certificates, documents and other papers Letter of Credit Documents and information as such Issuing Lender and Bank or the Revolver Administrative Agent may reasonably request request, not later than 11:00 a.m. at least two (2) Business Days (or such later date and time as the “L/C Supporting Documentation”Revolver Administrative Agent and such Issuing Bank may agree in their sole discretion) prior to the proposed date of issuance, amendment, renewal or extension, as the case may be. Such notice shall specify (a) the requested date of issuance, amendment, renewal or extension (which information shall include be a Business Day), (b) the Permitted Currency in date on which the such Letter of Credit is to expire (which shall comply with Section 3.1(b)), (c) the amount of such Letter of Credit, (d) the name and address of the beneficiary thereof, (e) the purpose and nature of such Letter of Credit and (f) such other information as shall be denominated)necessary to issue, amend, renew or extend such Letter of Credit. Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationApplication, the applicable Issuing Lender shall Bank shall, if in its sole discretion it elects to do so, process such Letter of Credit Application and the L/C Supporting Documentation certificates, documents and other Letter of Credit Documents and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article V, promptly issue issue, amend, renew or extend the Letter of Credit requested thereby (but subject to the timing requirements set forth in no event shall the applicable Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation relating theretothis Section 3.2) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable such Issuing Lender Bank and the Borrower. Additionally, the Borrower shall furnish to the applicable Issuing Bank and the Revolver Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, renewal or extension, including any Letter of Credit Documents, as the applicable Issuing Bank or the Revolver Administrative Agent may require. The applicable Issuing Lender Bank shall promptly furnish to the Borrower and the Revolver Administrative Agent a copy of such Letter of Credit and the related Letter of Credit Documents and the Revolver Administrative Agent shall promptly notify each Revolving Lender of the issuance of such Letter of Credit and, and upon request by any Revolving Lender, furnish to such Revolving Lender a copy of such Letter of Credit and the amount of such Revolving Lender’s participation therein.

Appears in 1 contract

Samples: Credit Agreement (NortonLifeLock Inc.)

Procedure for Issuance of Letters of Credit. (a) The Borrower may Representative may, from time to time during the Commitment Period but in no event later than the 30th day prior to the Termination Date, request that an Issuing Lender issue a Letter of Credit by delivering to such Issuing Lender at such Issuing Lender’s Lending Office and to the Administrative Agent at its address for notices specified herein, an L/C Request therefor in the Administrative Agent’s Office a Letter form of Credit Application therefor, Exhibit L hereto (completed to the reasonable satisfaction of the applicable such Issuing Lender and the Administrative AgentLender), and such other certificates, documents and other papers and information as such Issuing Lender and the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)request. Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationRequest, the applicable such Issuing Lender shall will process such Letter of Credit Application and the L/C Supporting Documentation Request and the certificates, documents and other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article V, shall promptly issue the Letter of Credit requested thereby (but in no event shall the applicable an Issuing Lender be required required, unless otherwise agreed to by such Issuing Lender, to issue any Letter of Credit earlier than three five (35) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation Request therefor and all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable such Issuing Lender and the BorrowerBorrower Representative. The applicable Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit and to the Borrower Representative promptly following the issuance thereof. No Issuing Lender shall amend, cancel or waive presentation of any Letter of Credit in a manner adverse to the Borrowers (as determined by the applicable Issuing Lender in its reasonable discretion). Upon the issuance of any Letter of Credit or amendment, renewal, extension or modification to a Letter of Credit, the applicable Issuing Lender shall promptly notify the Administrative Agent Agent, who shall promptly notify each Lender of the issuance Lender, thereof, which notice shall be accompanied by a copy of such Letter of Credit andor amendment, upon request by any Lenderrenewal, furnish extension or modification to such Lender a copy of such Letter of Credit and the amount of such Lender’s respective participation thereinin such Letter of Credit pursuant to subsection 3.4. If the applicable Issuing Lender is not the same person as the Administrative Agent, on the first Business Day of each calendar month, such Issuing Lender shall provide to the Administrative Agent a report listing all outstanding Letters of Credit and the amounts and beneficiaries thereof and the Administrative Agent shall promptly provide such report to each Lender.

Appears in 1 contract

Samples: Credit Agreement (Us LBM Holdings, Inc.)

Procedure for Issuance of Letters of Credit. The Any Borrower may from time to time request that an any Issuing Lender issue a Letter of Credit (or amend, extend or renew an outstanding Letter of Credit) by delivering to such Issuing Lender at any Issuing Lender's office at any address mutually acceptable to such Borrower and such Issuing Lender’s Lending Office and to the Administrative Agent at the Administrative Agent’s Office a Letter of Credit Lender an L/C Application therefor, completed to the reasonable satisfaction of the applicable such Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such Issuing Lender may reasonably request. The L/C Application will contain a representation and warranty that the conditions specified in Section 5.3 hereof have been satisfied or waived in writing by the Administrative Agent may reasonably request (as of the date of the L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)Application. Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationApplication, the applicable such Issuing Lender shall process such Letter of Credit L/C Application and the L/C Supporting Documentation certificates, documents and other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 3.1, this Section 3.2 and Article VV hereof, promptly issue the Letter of Credit (or amend, extend or renew the outstanding Letter of Credit) requested thereby (but in no event shall the applicable any Issuing Lender be required to issue any Letter of Credit (or amend, extend or renew an outstanding Letter of Credit) earlier than three (3) Business Days after its receipt of the Letter of Credit L/C Application therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable such Issuing Lender and the BorrowerBorrower submitting the L/C Application. The applicable Within fifteen (15) Business Days after the end of each calendar quarter, each Issuing Lender shall promptly furnish report to each Lender all Letters of Credit issued by it during the Borrower previous calendar quarter and the Administrative Agent a copy of such Letter average daily undrawn and unexpired amounts for all Letters of Credit and the Administrative Agent shall promptly notify for each Lender of the issuance of day in such Letter of Credit and, upon request by any Lender, furnish to such Lender a copy of such Letter of Credit and the amount of such Lender’s participation thereincalendar quarter.

Appears in 1 contract

Samples: Credit Agreement (Miller Herman Inc)

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an the Issuing Lender issue issue, amend, renew or extend a Letter of Credit by delivering to such the Issuing Lender at such Issuing Lender’s Lending Office and to the Administrative Agent at the Administrative Agent’s Office a Letter of Credit Application therefor, completed to the reasonable satisfaction of the applicable Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers Letter of Credit Documents and information as such the Issuing Lender and or the Administrative Agent may reasonably request request, not later than 11:00 a.m. at least three (3) Business Days (or such later date and time as the “L/C Supporting Documentation”Administrative Agent and such Issuing Lender may agree in their sole discretion) prior to the proposed date of issuance, amendment, renewal or extension, as the case may be. Such notice shall specify (a) the requested date of issuance, amendment, renewal or extension (which information shall include be a Business Day), (b) the Permitted Currency in date on which the such Letter of Credit is to expire (which shall comply with Section 3.1(b)), (c) the amount of such Letter of Credit, (d) the name and address of the beneficiary thereof, (e) the purpose and nature of such Letter of Credit and (f) such other information as shall be denominated)necessary to issue, amend, renew or extend such Letter of Credit as requested by the Xxxxxxx Xxxxxx. Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationApplication, the applicable Issuing Lender shall process such Letter of Credit Application and the L/C Supporting Documentation certificates, documents and other Letter of Credit Documents and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article VVI, promptly issue issue, amend, renew or extend the Letter of Credit requested thereby (but subject to the timing requirements set forth in no event shall the applicable Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation relating theretothis Section 3.2) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable Xxxxxxx Xxxxxx and the Borrower. Additionally, the Borrower shall furnish to the Issuing Lender and the BorrowerAdministrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, renewal or extension, including any Letter of Credit Documents, as the Issuing Lender or the Administrative Agent may require. The applicable Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit and the Administrative Agent shall related Letter of Credit Documents and promptly notify each Lender of the issuance of such Letter of Credit and, and upon request by any Lender, furnish to such Lender a copy of such Letter of Credit and the amount of such LenderXxxxxx’s participation therein.

Appears in 1 contract

Samples: Credit Agreement (Chuy's Holdings, Inc.)

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an any Issuing Lender issue a Letter of Credit by delivering to such Issuing Lender at such Issuing Lender’s Lending Office and its applicable office (with a copy to the Administrative Agent at the Administrative Agent’s Office Office) a Letter of Credit Application therefor, completed to the reasonable satisfaction of the applicable such Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such Issuing Lender and or the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)request. Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationApplication, the applicable Issuing Lender shall shall, process such Letter of Credit Application and the L/C Supporting Documentation certificates, documents and other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article VVI, promptly issue the Letter of Credit requested thereby (but in no event shall the applicable such Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable Issuing Lender and such Isxxxxx Xxxxxx xnd the Borrower. The applicable Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit and the Administrative Agent shall promptly notify each Revolving Credit Lender of the issuance of such Letter of Credit and, and upon request by any Lender, furnish to such Revolving Credit Lender a copy of such Letter of Credit and the amount of such LenderRevolving Credit Xxxxxx’s participation therein.

Appears in 1 contract

Samples: Credit Agreement (Fidelity National Financial, Inc.)

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an Issuing Lender issue the L/C Arranger cause a Letter of Credit to be issued by an Issuing Lender designated by it by delivering to such Issuing Lender at such Issuing Lender’s Lending Office and the L/C Arranger, with a copy to the Administrative Agent at the Revolving Administrative Agent’s Office a Letter of Credit , at their addresses for notices specified herein an Application therefor, completed to the reasonable satisfaction of the applicable Issuing Lender and the Administrative AgentL/C Arranger, and such other certificates, documents and other papers and information as such Issuing Lender and the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information Arranger may request. Such application shall include the Permitted Currency in which the specify if such Letter of Credit shall is to be denominated)made as a Revolving Credit Letter of Credit or a Funded Letter of Credit. Upon receipt of any Letter of Credit Application and Application, the L/C Supporting DocumentationArranger will, the applicable and will cause such Issuing Lender shall to, process such Letter of Credit Application and the L/C Supporting Documentation certificates, documents and other papers and information delivered to it in connection therewith in accordance with its their respective customary procedures procedures, and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of L/C Arranger will promptly cause such Letter of Credit, subject Issuing Lender to Section 3.1 and Article V, promptly issue the Letter of Credit requested thereby by causing the original of such Letter of Credit to be issued to the beneficiary thereof or as otherwise may be agreed to by the L/C Arranger, such Issuing Lender and the Borrower (but in no event shall the applicable any Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation Arranger’s receipt of the Application therefor and all such other certificates, documents and other papers and information relating thereto) ). Promptly after issuance by issuing an Issuing Lender of a Letter of Credit, the original L/C Arranger shall furnish a copy of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable Issuing Lender and the Borrower. The applicable Issuing Lender shall promptly furnish to the Borrower and the Revolving Administrative Agent. The L/C Arranger shall promptly give notice to the Revolving Administrative Agent a copy of such Letter of Credit and the Administrative Agent shall promptly notify each Lender of the issuance of such each Letter of Credit and, upon request issued by any Lender, furnish to such Issuing Lender a copy of such Letter of Credit and (including the amount of such Lender’s participation thereinthereof).

Appears in 1 contract

Samples: Credit Agreement (Key Energy Services Inc)

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an any Issuing Lender issue a Letter of Credit by delivering to such Issuing Lender at such Issuing Lender’s Lending Office and its applicable office (with a copy to the Administrative Agent at the Administrative Agent’s Office Office) a Letter of Credit Application therefor, completed to the reasonable satisfaction of the applicable such Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such Issuing Lender and or the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)request. Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationApplication, the applicable Issuing Lender shall shall, process such Letter of Credit Application and the L/C Supporting Documentation certificates, documents and other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article VVI, promptly issue the Letter of Credit requested thereby (but in no event shall the applicable such Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable such Issuing Lender and the Borrower. The applicable Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit and the Administrative Agent shall promptly notify each Lender of the issuance of such Letter of Credit and, and upon request by any Lender, furnish to such Lender a copy of such Letter of Credit and the amount of such Lender’s participation therein.

Appears in 1 contract

Samples: Credit Agreement (Kforce Inc)

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an any Issuing Lender issue a Letter of Credit at any time during the Commitment Period by delivering to such an Issuing Lender at such Issuing Lender’s Lending Office and its address for notices specified herein (with a copy to the Administrative Agent at the Administrative Agent’s Office a Letter of Credit ) an Application therefor, completed to the reasonable satisfaction of the applicable Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such the applicable Issuing Lender may reasonably request. Each such Application shall be irrevocable and shall be delivered to the Issuing Lender (with a copy to the Administrative Agent may reasonably request (Agent), together will all necessary supporting material and information, not less than three Business Days before the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)requested issuance date. Upon receipt of any Letter of Credit Application, the Issuing Lender will process such Application and the L/C Supporting Documentationcertificates, the applicable Issuing Lender shall process such Letter of Credit Application documents and the L/C Supporting Documentation other papers and information delivered to it in connection therewith in accordance with its customary procedures and shallprocedures. At least one Business Day prior to the issuance of any Letter of Credit, after approving the same and receiving confirmation applicable Issuing Lender will confirm with the Administrative Agent (by telephone or in writing, including electronic means) that the Administrative Agent has received a copy of the Application, and, unless such Issuing Lender has received notice on or before the Business Day immediately preceding the date such Issuing Lender is to issue a requested Letter of Credit from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of directing such Letter of Credit, subject Issuing Lender not to Section 3.1 and Article V, promptly issue the requested Letter of Credit requested thereby (but in no event shall because such issuance would not be consistent with the applicable terms and conditions of this Agreement, then such Issuing Lender be required to shall issue any a Letter of Credit earlier than three (3) Business Days after its receipt on the requested issuance date for the account of the Letter of Credit Application therefor Borrower in accordance with such Issuing Lender's usual and the L/C Supporting Documentation relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable Issuing Lender and the Borrowercustomary practices. The applicable Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent a copy of such each Letter of Credit and the Administrative Agent shall issued by such Issuing Lender, promptly notify each Lender of following the issuance of such Letter of Credit and, upon request by any Lender, furnish to such Lender thereof. Requests for amendments shall be submitted and processed in a copy of such Letter of Credit and the amount of such Lender’s participation thereinlike manner.

Appears in 1 contract

Samples: Revolving Credit Agreement (Advanced Fibre Communications Inc)

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an the Issuing Lender issue a Letter of Credit by delivering to such the Issuing Lender at such Issuing Lender’s Lending Office and its address for notices specified herein or otherwise on file with the Administrative Agent (with a copy to the Administrative Agent at the Administrative Agent’s Office a Letter of Credit ) an Application therefor, completed to the reasonable satisfaction of the applicable Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such the Issuing Lender and may reasonably request. Unless the Issuing Lender has received written notice from any Lender or the Administrative Agent may reasonably request (at least one Business Day prior to the “L/C Supporting Documentation”) (which information shall include requested date of issuance or amendment of the Permitted Currency in which the applicable Letter of Credit that the conditions precedent set forth in Article IV shall not then be denominated). Upon receipt of any satisfied, then, subject to the terms and conditions hereof, the Issuing Lender shall, on the requested date, issue a Letter of Credit Application and the L/C Supporting Documentation, or enter into the applicable Issuing Lender shall process such Letter of Credit Application and amendment, as the L/C Supporting Documentation delivered to it in connection therewith case may be, in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article V, promptly issue the Letter of Credit requested thereby (but in no event shall the applicable Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original ). The Issuing Lender shall furnish a copy of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by Borrower promptly following the applicable Issuing Lender and the Borrowerissuance thereof. The applicable Issuing Lender shall promptly furnish to the Borrower and Administrative Agent, which shall in turn promptly furnish to the Administrative Agent a copy of such Letter of Credit and the Administrative Agent shall promptly notify each Lender Lenders, notice of the issuance of such each Letter of Credit and, upon request by any Lender, furnish to such Lender a copy of such (including the amount thereof). A Letter of Credit shall be issued only to the extent (and upon issuance of each Letter of Credit the Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the L/C Obligations shall not exceed the L/C Commitment and (ii) the aggregate amount of the Extensions of Credit shall not exceed the aggregate Commitments. Such Issuing Lender shall promptly furnish to the Administrative Agent, which shall in turn promptly furnish to the Lenders, notice of the issuance of each Letter of Credit (including the amount of such Lender’s participation thereinthereof).

Appears in 1 contract

Samples: Credit Agreement (Gannett Co., Inc.)

Procedure for Issuance of Letters of Credit. (a) The Borrower may from time to time request that an the Revolving L/C Issuing Lender issue a Revolving Letter of Credit by delivering to such Issuing Lender at such the Revolving L/C Issuing Lender’s Lending Office and to the Administrative Agent , at the Administrative Agent’s Office a Letter of Credit its address for notices specified herein, an Application therefor, completed to the reasonable satisfaction of the applicable Revolving L/C Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such Issuing Lender and the Administrative Agent may reasonably request (the “Revolving L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)Issuing Lender may reasonably request. Upon receipt of any Letter of Credit Application, the Revolving L/C Issuing Lender will process such Application and the L/C Supporting Documentationcertificates, the applicable Issuing Lender shall process such Letter of Credit Application documents and the L/C Supporting Documentation other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article V, shall promptly issue the Revolving Letter of Credit requested thereby (but in no event shall the applicable Revolving L/C Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be maybe agreed by the applicable Revolving L/C Issuing Lender and the Borrower. The applicable Revolving L/C Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent a copy of such Revolving Letter of Credit and to the Administrative Agent shall Borrower promptly notify each Lender of following the issuance of such Letter of Credit and, upon request by any Lender, furnish to such Lender a copy of such Letter of Credit and the amount of such Lender’s participation thereinthereof.

Appears in 1 contract

Samples: Credit Agreement (Us Office Products Co)

Procedure for Issuance of Letters of Credit. The Whenever a Borrower may from time to time request that an Issuing Lender issue desires the issuance of a Letter of Credit by delivering to such Issuing Lender at such Issuing Lender’s Lending Office hereunder, it shall give Agent and to the Administrative Facing Agent at least three (3) Business Days' prior written notice (or such shorter period as may be agreed to by such Borrower, Agent and Facing Agent) specifying the Administrative Agent’s Office day of issuance thereof (which day shall be a Business Day), such notice to be given prior to 12:00 P.M. (New York City time) on the date specified for the giving of such notice. Each such notice (each, a "Letter of Credit Application thereforRequest") shall be in the form of Exhibit 2.9 hereto and shall specify (A) the proposed issuance date and expiration date, completed (B) the name(s) of each obligor with respect to such Letter of Credit, (C) a Borrower as the reasonable satisfaction account party, (D) the name and address of the applicable Issuing Lender beneficiary (which Person shall be reasonably acceptable to Facing Agent), (E) the Stated Amount of such proposed Letter of Credit and (F) the Administrative Agent, purpose of such Letter of Credit and such other certificates, documents and other papers and information as such Issuing Lender and the Administrative Facing Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the be acceptable to Agent and Facing Agent). In addition, each Letter of Credit Request shall contain a description of the terms and conditions to be included in such proposed Letter of Credit (all of which terms and conditions shall be denominatedacceptable to Facing Agent). Upon receipt Promptly after the issuance or amendment of any Letter of Credit Application Credit, Facing Agent shall notify Agent and the L/C Supporting Documentationapplicable Borrower of such issuance or amendment, and such notice shall be accompanied by a copy of such issuance or amendment. Promptly after receipt of such notice, Agent shall notify the applicable Issuing Lender Lenders of such issuance or amendment and shall process such Letter provide a copy thereof upon the request of any Lender. Unless otherwise specified, all Letters of Credit Application will be governed by the Uniform Customs and Practice for Documentary Credits as in effect on the L/C Supporting Documentation delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the date of issuance of such Letter of Credit, subject to Section 3.1 . Each Letter of Credit shall include any other documents as Facing Agent customarily requires in connection therewith. On the Business Day specified by a Borrower and upon fulfillment or waiver of the applicable conditions set forth in Article V, promptly Facing Agent will issue the Letter of Credit requested thereby (but in no event shall the applicable Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable Issuing Lender and the Borrower. The applicable Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit and the Administrative Agent shall promptly notify each Lender of the issuance of such Letter of Credit and, upon request by any Lender, furnish to such Lender a copy of such Letter of Credit and the amount of such Lender’s participation thereinbeneficiary.

Appears in 1 contract

Samples: Credit Agreement (Natg Holdings LLC)

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an the Issuing Lender issue a Letter of Credit by delivering to such the Issuing Lender at such Issuing Lender’s Lending Office and to the Administrative Agent at the Administrative Agent’s Office a Letter of Credit Application therefor, completed to the reasonable satisfaction of the applicable Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such the Issuing Lender and the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)request. Upon receipt of any a completed Letter of Credit Application and the L/C Supporting DocumentationApplication, the applicable Issuing Lender shall process such Letter of Credit Application and the L/C Supporting Documentation certificates, documents and other papers and information delivered to it in connection therewith (the “L/C Support Documents”) in accordance with its customary procedures and shalland, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of so long as such Letter of CreditCredit Application, the L/C Support Documents and any language necessary for the requested Letter of Credit are finalized in form and substance satisfactory to the Issuing Lender (in the sole discretion of the Issuing Lender), subject to Section 3.1 and Article VVII hereof, promptly the Issuing Lender shall issue the Letter of Credit requested thereby within five (but in no event shall the applicable Issuing Lender be required to issue any Letter of Credit earlier than three (35) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable Issuing Lender and the Borrower. The applicable Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit and the Administrative Agent shall promptly notify each Lender of the issuance of such Letter of Credit and, and upon request by any Lender, furnish to such each Lender a copy of such Letter of Credit and the amount of such Lender’s participation therein.

Appears in 1 contract

Samples: Credit Agreement (Hickory Tech Corp)

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an Issuing Lender issue a Letter of Credit by delivering to such the Issuing Lender at such Issuing Lender’s Lending Office and its address for notices specified herein or otherwise on file with the Administrative Agent (with a copy to the Administrative Agent at the Administrative Agent’s Office a Letter of Credit ) an Application therefor, completed to the reasonable satisfaction of the applicable such Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such Issuing Lender and the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)request. Upon receipt of any Letter of Credit Application and the L/C Supporting Documentation, Unless the applicable Issuing Lender shall process such has received written notice from any Lender or the Administrative Agent at least one Business Day prior to the requested date of issuance or amendment of the applicable Letter of Credit Application that the conditions precedent set forth in Article IVSection 4.1 shall not then be satisfied, then, subject to the terms and conditions hereof, such Issuing Lender shall, on the L/C Supporting Documentation delivered to it in connection therewith requested date, issue a Letter of Credit or enter into the applicable amendment, as the case may be, in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article V, promptly issue the Letter of Credit requested thereby (but in no event shall the applicable Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original ). The applicable Issuing Lender shall furnish a copy of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by Borrower promptly following the applicable Issuing Lender and the Borrowerissuance thereof. The applicable Issuing Lender shall promptly furnish to the Borrower and Administrative Agent, which shall in turn promptly furnish to the Administrative Agent a copy of such Letter of Credit and the Administrative Agent shall promptly notify each Lender Lenders, notice of the issuance of such each Letter of Credit and, upon request by any Lender, furnish to such Lender a copy of such (including the amount thereof). A Letter of Credit shall be issued only to the extent (and upon issuance of each Letter of Credit the Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the L/C Obligations shall not exceed the aggregate L/C Commitments of all Issuing Lenders, (ii) (x) the aggregate undrawn amount of all outstanding Letters of Credit issued by an Issuing Lender at such time plus (y) the unreimbursed portion of any payment made by such Issuing Lender under a Letter of Credit shall not exceed such Issuing Lender’s L/C Commitment and (iii) the aggregate amount of the Five-Year Extensions of Credit shall not exceed the aggregate Five-Year Commitments. Such Issuing Lender shall promptly furnish to the Administrative Agent, which shall in turn promptly furnish to the Lenders, notice of the issuance of each Letter of Credit (including the amount of such Lender’s participation thereinthereof).

Appears in 1 contract

Samples: Advance and Revolving Credit Agreement (Tegna Inc)

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an any Issuing Lender issue issue, amend, renew or extend a Letter of Credit by delivering to such Issuing Lender at such Issuing Lender’s Lending Office and its applicable office (with a copy to the Administrative Agent at the Administrative Agent’s Office Office) a Letter of Credit Application therefor, completed to the reasonable satisfaction of the applicable such Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers Letter of Credit Documents and information as such Issuing Lender and or the Administrative Agent may reasonably request request, not later than 12:00 p.m. at least two (2) Business Days (or such later date and time as the “L/C Supporting Documentation”Administrative Agent and such Issuing Lender may agree in their sole discretion) prior to the proposed date of issuance, amendment, renewal or extension, as the case may be. Such notice shall specify (a) the requested date of issuance, amendment, renewal or extension (which information shall include be a Business Day), (b) the Permitted Currency in date on which the such Letter of Credit is to expire (which shall comply with Section 3.1(b)), (c) the amount of such Letter of Credit, (d) the name and address of the beneficiary thereof, (e) the purpose and nature of such Letter of Credit and (f) such other information as shall be denominated)necessary to issue, amend, renew or extend such Letter of Credit. Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationApplication, the applicable Issuing Lender shall shall, process such Letter of Credit Application and the L/C Supporting Documentation certificates, documents and other Letter of Credit Documents and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article V, promptly issue issue, amend, renew or extend the Letter of Credit requested thereby (but subject to the timing requirements set forth in no event shall the applicable Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation relating theretothis Section 3.2) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by such Xxxxxxx Xxxxxx and the Borrower. Additionally, the Borrower shall furnish to the applicable Issuing Lender and the BorrowerAdministrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, renewal or extension, including any Letter of Credit Documents, as the applicable Issuing Lender or the Administrative Agent may require. The applicable Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit and the related Letter of Credit Documents and the Administrative Agent shall promptly notify each Lender of the issuance of such Letter of Credit and, and upon request by any Lender, furnish to such Lender a copy of such Letter of Credit and the amount of such LenderXxxxxx’s participation therein.

Appears in 1 contract

Samples: Credit Agreement (Coca-Cola Consolidated, Inc.)

Procedure for Issuance of Letters of Credit. The Borrower Any Applicable Account Party, with (in the case of any such Applicable Account Party other than the Company) the written consent of the Company, may from time to time request that an any Issuing Lender issue (or cause its Applicable Lending Office to issue) a Letter of Credit by delivering to such Issuing Lender at such Issuing Lender’s Lending Office and to its address for notices specified in accordance with the Administrative Agent at the Administrative Agent’s Office a Letter provisions of Credit Section 10.2 an Application therefor, completed to the reasonable satisfaction of the applicable such Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such the Issuing Lender and the Administrative Agent may reasonably request consistent with its customary business practices for comparable transactions in the applicable jurisdiction (it being expressly understood and agreed by each Issuing Lender that the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter terms and provisions of Credit each such Application shall be denominatedconsistent with the terms and provisions of this Agreement). Upon receipt of any Letter of Credit Application, the relevant Issuing Lender will process such Application and the L/C Supporting Documentationcertificates, the applicable Issuing Lender shall process such Letter of Credit Application documents and the L/C Supporting Documentation other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article V, shall promptly issue (or cause its Applicable Lending Office to issue) the Letter of Credit requested thereby (but in no event shall the applicable any Issuing Lender be required to issue (or cause its Applicable Lending Office to issue) any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed to by the applicable relevant Issuing Lender and the BorrowerApplicable Account Party. The applicable relevant Issuing Lender shall furnish a copy of such Letter of Credit to the Applicable Account Party promptly following the issuance thereof. The relevant Issuing Lender shall promptly furnish to the Borrower Administrative Agent notice of the issuance of each Letter of Credit (including the amount and currency thereof). No Issuing Lender shall issue (or cause its Applicable Lending Office to issue) any Letter of Credit during any period commencing on the first Business Day after it receives written notice from the Administrative Agent a copy that one or more of the conditions precedent contained in Section 5.2 shall not on such Letter of Credit date be satisfied or waived, and ending when the Administrative Agent provides written notice to the effect that such conditions are satisfied or waived. The Administrative Agent shall promptly notify each Lender of the Issuing Lenders upon becoming aware that such conditions in Section 5.2 are thereafter satisfied or waived. The Issuing Lenders shall not otherwise be required to determine that, or take notice whether, the conditions precedent set forth in Section 5.2 have been satisfied or waived in connection with the issuance of such any Letter of Credit and, upon request by any Lender, furnish to such Lender a copy of such Letter of Credit and the amount of such Lender’s participation therein.Credit. 509265-1725-14038-Active.16362140

Appears in 1 contract

Samples: Credit Agreement (General Motors Co)

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an the Issuing Lender issue a Letter of Credit by delivering to such the Issuing Lender at such Issuing Lender’s Lending Office and to the Administrative Agent at the Administrative Agent’s Office a Letter of Credit an Application therefor, completed to the reasonable satisfaction of the applicable Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such the Issuing Lender and the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)request. Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationApplication, the applicable Issuing Lender shall process such Letter of Credit Application and the L/C Supporting Documentation certificates, documents and other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article VV hereof, promptly but no later than five (5) Business Days from the date of its receipt of the Application therefor, issue the Letter of Credit requested thereby (but in no event shall the applicable Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable Issuing Lender and the Borrower. If requested by the Borrower, the Issuing Lender shall furnish to the Borrower a draft of any Letter of Credit prior to its issuance. The applicable Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit and the Administrative Agent shall promptly notify each Lender of the issuance of such Letter of Credit and, and upon request by any Lender, furnish to such Lender a copy of such Letter of Credit and the amount of such Lender’s participation L/C Participation therein.

Appears in 1 contract

Samples: Credit Agreement (Rare Hospitality International Inc)

Procedure for Issuance of Letters of Credit. (1) The Borrower may from time to time request that an any Issuing Lender (other than any Issuing Lender referred to in clause (b) of the definition of “Issuing Lender”) issue a Letter of Credit by delivering to such Issuing Lender at such Issuing Lender’s Lending Office and to the Administrative Agent at the Administrative Agent’s Office a Letter of Credit its address for notices specified herein an Application therefor, completed to the reasonable satisfaction of the applicable such Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such Issuing Lender and the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)request. Upon receipt of any Application, such Issuing Lender will notify the Administrative Agent of the amount, the beneficiary and the requested expiration of the requested Letter of Credit Credit, and upon receipt of written confirmation from the Administrative Agent that after giving effect to the requested issuance, none of the statements specified in clauses (i) through (iv) of the first sentence of Section 3.7(a) would be true, such Issuing Lender will process such Application and the L/C Supporting Documentationcertificates, the applicable Issuing Lender shall process such Letter of Credit Application documents and the L/C Supporting Documentation other papers and information delivered to it in connection therewith to be processed in accordance with its customary policies and procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article V, shall promptly issue the Letter of Credit requested thereby (but in no event shall the applicable any Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed to by the applicable such Issuing Lender and the Borrower. The applicable Such Issuing Lender shall furnish a copy of such Letter of Credit to the Borrower (with a copy to the Administrative Agent) promptly following the issuance thereof. Such Issuing Lender shall promptly furnish to the Borrower and Administrative Agent, which shall in turn promptly furnish to the Administrative Agent a copy of such Letter of Credit and the Administrative Agent shall promptly notify each Lender Lenders, notice of the issuance of such each Letter of Credit and, upon request by any Lender, furnish to such Lender a copy of such Letter of Credit and (including the amount of such Lender’s participation thereinthereof).

Appears in 1 contract

Samples: Credit Agreement (Advanced Drainage Systems, Inc.)

Procedure for Issuance of Letters of Credit. (a) The Borrower may from time to time request that an any Issuing Lender (other than any Issuing Lender referred to in clause (b) of the definition of “Issuing Lender”) issue a Letter of Credit by delivering to such Issuing Lender at such Issuing Lender’s Lending Office and to the Administrative Agent at the Administrative Agent’s Office a Letter of Credit its address for notices specified herein an Application therefor, completed to the reasonable satisfaction of the applicable such Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such Issuing Lender and the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)request. Upon receipt of any Application, such Issuing Lender will notify the Administrative Agent of the amount, the beneficiary and the requested expiration of the requested Letter of Credit Credit, and upon receipt of written confirmation from the Administrative Agent that after giving effect to the requested issuance, none of the statements specified in clauses (i) through (iv) of the first sentence of Section 3.7(a) would be true, such Issuing Lender will process such Application and the L/C Supporting Documentationcertificates, the applicable Issuing Lender shall process such Letter of Credit Application documents and the L/C Supporting Documentation other papers and information delivered to it in connection therewith to be processed in accordance with its customary policies and procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article V, shall promptly issue the Letter of Credit requested thereby (but in no event shall the applicable any Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed to by the applicable Issuing Lender such Xxxxxxx Xxxxxx and the Borrower. The applicable Such Issuing Lender shall furnish a copy of such Letter of Credit to the Borrower (with a copy to the Administrative Agent) promptly following the issuance thereof. Such Issuing Lender shall promptly furnish to the Borrower and Administrative Agent, which shall in turn promptly furnish to the Administrative Agent a copy of such Letter of Credit and the Administrative Agent shall promptly notify each Lender Lenders, notice of the issuance of such each Letter of Credit and, upon request by any Lender, furnish to such Lender a copy of such Letter of Credit and (including the amount of such Lender’s participation thereinthereof).

Appears in 1 contract

Samples: Credit Agreement (OPENLANE, Inc.)

Procedure for Issuance of Letters of Credit. (i) The Borrower may from time to time request during the Initial Revolving Commitment Period, but in any event no later than the 30th day prior to the Initial Revolving Maturity Date, that an Issuing Lender Bank issue a Letter of Credit by delivering to such Issuing Lender at such Issuing Lender’s Lending Office Bank and to the Administrative Agent at the Administrative Agent’s Office , at their respective addresses for notices specified herein, a Letter of Credit Application therefor, Request therefor (completed to the reasonable satisfaction of the applicable such Issuing Lender and the Administrative AgentBank), and such other certificates, documents and other papers and information Issuer Documents as such Issuing Lender and the Administrative Agent Bank may reasonably request (request. Each Letter of Credit Request shall specify the “L/C Supporting Documentation”) (which information shall include the Permitted Designated Foreign Currency in which the requested Letter of Credit shall is to be denominateddenominated (or specify that the requested Letter of Credit is to be denominated in Dollars). Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationRequest, the applicable Issuing Lender Bank shall (i) confirm with the Administrative Agent (in writing) that the Administrative Agent has received a copy of such Letter of Credit Request from the Borrower and, if not so received, such Issuing Bank shall provide the Administrative Agent with a copy thereof and (ii) process such Letter of Credit Application Request and the L/C Supporting Documentation certificates, documents and other papers and information delivered to it in connection therewith in accordance with its customary procedures and shalland, after approving the same and receiving confirmation from unless notified by the Administrative Agent that sufficient availability exists under or the Credit Facility for Borrower, at least one Business Day prior to the requested date of issuance or amendment of such the applicable Letter of Credit, subject to Section 3.1 and Article Vthat one or more applicable conditions contained in Subsection 6.2 shall not then be satisfied, shall promptly issue the Letter of Credit requested thereby (but in no event shall the applicable such Issuing Lender Bank be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application Request therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable such Issuing Lender Bank and the Borrower. The applicable Issuing Lender Bank shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit to the Borrower promptly following the issuance thereof. Promptly after the issuance or amendment of any Standby Letter of Credit, the applicable Issuing Bank shall notify the Borrower and the Administrative Agent, in writing, of such issuance or amendment and such notice shall be accompanied by a copy of such issuance or amendment. Upon receipt of such notice, the Administrative Agent shall promptly notify each Lender of the issuance Lenders, in writing, of such Letter of Credit andissuance or amendment, upon request and if so requested by any Lender, furnish a Lender the Administrative Agent shall provide to such Lender a copy copies of such Letter issuance or amendment. With regard to Commercial Letters of Credit, each Issuing Bank shall on the first Business Day of each week provide the Administrative Agent, by facsimile, with a report detailing the aggregate daily outstanding Commercial Letters of Credit and during the amount of such Lender’s participation thereinprevious week.

Appears in 1 contract

Samples: Fourth Amendment (Cornerstone Building Brands, Inc.)

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an the Issuing Lender issue a Letter of Credit by delivering to such the Issuing Lender at such Issuing Lender’s Lending Office and its applicable office (with a copy to the Administrative Agent at the Administrative Agent’s Office Office) a Letter of Credit Application therefor, completed to the reasonable satisfaction of the applicable Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such the Issuing Lender and or the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)request. Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationApplication, the applicable Issuing Lender shall shall, process such Letter of Credit Application and the L/C Supporting Documentation certificates, documents and other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article VVI, promptly issue the Letter of Credit requested thereby (but in no event shall the applicable Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable Issuing Lender and the Borrower. The applicable Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit and the Administrative Agent shall promptly notify each Revolving Credit Lender of the issuance of such Letter of Credit and, and upon request by any Lender, furnish to such Revolving Credit Lender a copy of such Letter of Credit and the amount of such Revolving Credit Lender’s participation therein.

Appears in 1 contract

Samples: Credit Agreement (STAMPS.COM Inc)

Procedure for Issuance of Letters of Credit. (i) The Parent Borrower (on behalf of the applicable Borrower) may from time to time request during the Revolving Commitment Period but in no event later than the 30th day prior to the Maturity Date that an the Issuing Lender Bank issue a Letter of Credit by delivering to such the Issuing Lender at such Issuing Lender’s Lending Office Bank and to the Administrative Agent at the Administrative Agent’s Office , at their respective addresses for notices specified herein, a Letter of Credit Application therefor, Request therefor (completed to the reasonable satisfaction of the applicable Issuing Lender and the Administrative AgentBank), and such other certificates, documents and other papers and information as such the Issuing Lender Bank may reasonably request. Each Letter of Credit Request shall specify the applicable Borrower and the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Designated Foreign Currency in which the requested Letter of Credit shall is to be denominateddenominated (or specify that the requested Letter of Credit is to be denominated in Dollars). Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationRequest, the applicable Issuing Lender Bank shall (i) confirm with the Administrative Agent (by telephone or in writing) that the Administrative Agent has received a copy of such Letter of Credit Request from the Parent Borrower and, if not so received, the Issuing Bank shall provide the Administrative Agent with a copy thereof and (ii) process such Letter of Credit Application Request and the L/C Supporting Documentation certificates, documents and other papers and information delivered to it in connection therewith in accordance with its customary procedures and shalland, after approving the same and receiving confirmation from unless notified by the Administrative Agent that sufficient availability exists under Agent, any Lender or any Loan Party, at least one Business Day prior to the Credit Facility for requested date of issuance or amendment of the issuance of such applicable Letter of Credit, subject to Section 3.1 and Article Vthat one or more applicable conditions contained in subsection 5.2 shall not then be satisfied, shall promptly issue the Letter of Credit requested thereby (but in no event shall the applicable Issuing Lender Bank be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application Request therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable Issuing Lender Bank and the Parent Borrower. The applicable Issuing Lender Bank shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit to the Parent Borrower promptly following the issuance thereof. Promptly after the issuance or amendment of any Standby Letter of Credit, the Issuing Bank shall notify the Parent Borrower and the Administrative Agent, in writing, of such issuance or amendment and such notice shall be accompanied by a copy of such issuance or amendment. Upon receipt of such notice, the Administrative Agent shall promptly notify each Lender of the issuance Lenders, in writing, of such Letter of Credit andissuance or amendment, upon request and if so requested by any Lender, furnish a Lender the Administrative Agent shall provide to such Lender a copy copies of such Letter issuance or amendment. With regard to Commercial Letters of Credit, the Issuing Bank shall on the first Business Day of each week provide the Administrative Agent, by facsimile, with a report detailing the aggregate daily outstanding Commercial Letters of Credit and during the amount of such Lender’s participation thereinprevious week.

Appears in 1 contract

Samples: Revolving Credit Agreement (Servicemaster Co)

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an the Issuing Lender issue a Letter of Credit by delivering to such the Issuing Lender at such Issuing Lender’s Lending Office and its applicable office (with a copy to the Administrative Agent at the Administrative Agent’s Office Office) a Letter of Credit Application therefor, completed to the reasonable satisfaction of the applicable Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such the Issuing Lender and or the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)request. Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationApplication, the applicable Issuing Lender shall shall, process such Letter of Credit Application and the L/C Supporting Documentation certificates, documents and other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article VVI, promptly issue the Letter of Credit requested thereby (but in no event shall the applicable Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable Issuing Lender and the Borrower. The applicable Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit and the Administrative Agent shall promptly notify each Revolving Credit Lender of the issuance of such Letter of Credit and, and upon request by any Revolving Credit Lender, furnish to such Revolving Credit Lender a copy of such Letter of Credit and the amount of such Revolving Credit Lender’s participation therein.

Appears in 1 contract

Samples: Credit Agreement (STAMPS.COM Inc)

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an any Issuing Lender issue a Letter of Credit by delivering to such Issuing Lender at such Issuing Lender’s Lending Office and its applicable office (with a copy to the Administrative Agent at the Administrative Agent’s Office Office) a Letter of Credit Application therefor, completed to the reasonable satisfaction of the applicable such Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such Issuing Lender and or the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)request. Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationApplication, the applicable Issuing Lender shall shall, process such Letter of Credit Application and the L/C Supporting Documentation certificates, documents and other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article VVI, promptly issue the Letter of Credit requested thereby (but in no event shall the applicable such Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable Issuing Lender such Xxxxxxx Xxxxxx and the Borrower. The applicable Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit and the Administrative Agent shall promptly notify each Lender of the issuance of such Letter of Credit and, and upon request by any Lender, furnish to such Lender a copy of such Letter of Credit and the amount of such LenderXxxxxx’s participation therein.

Appears in 1 contract

Samples: Credit Agreement (Kforce Inc)

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an the Issuing Lender issue a Letter of Credit by delivering to such the Issuing Lender at such Issuing Lender’s Lending Office and to the Administrative Agent at the Administrative Agent’s Office their respective addresses for notices specified herein a Request for Letter of Credit Application thereforin the form of EXHIBIT H hereto, together with a letter of credit application in the Issuing Lender's then customary form (a "LETTER OF CREDIT APPLICATION") completed to the reasonable satisfaction of the applicable Issuing Lender Lender, and the Administrative Agent, and such other certificates, documents documents, and other papers and information as such may be customary and as the Issuing Lender and the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)request. Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationApplication, the applicable Issuing Lender shall will process such the Letter of Credit Application and the L/C Supporting Documentation certificates, documents, and other papers and information delivered to it in connection therewith in accordance with its customary procedures and shalland, after approving upon receipt by the same and receiving Issuing Lender of confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such the Letter of CreditCredit will not contravene SECTION 3.01, subject to Section 3.1 and Article V, the Issuing Lender shall promptly issue the Letter of Credit requested thereby (but in no event shall the applicable Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation all certificates, documents, and other papers and information relating thereto) by issuing the original of such the Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable Issuing Lender and the Borrower. The applicable Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent a copy of such the Letter of Credit to Borrower and Administrative Agent promptly following the issuance thereof, and, thereafter, Administrative Agent shall promptly notify each Lender of the issuance of such Letter of Credit and, upon request by any Lender, furnish to such Lender a copy of such Letter of Credit and the amount of such Lender’s participation thereinthereof to Lenders.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Lomak Petroleum Inc)

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an the Issuing Lender issue a Letter of Credit by delivering to such the Issuing Lender at such Issuing Lender’s Lending Office and to the Administrative Agent at the Administrative Agent’s 's Office a request for issuance of such Letter of Credit Application thereforsubstantially in the form of Exhibit J hereto (a "Request for Issuance"), completed to the reasonable satisfaction of the applicable Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such the Issuing Lender and the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)request. Upon receipt of any Letter of Credit Application Request for Issuance, the Issuing Lender will process such Request for Issuance and the L/C Supporting Documentationcertificates, the applicable Issuing Lender shall process such Letter of Credit Application documents and the L/C Supporting Documentation other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article V5 hereof, promptly issue the Letter of Credit requested thereby (but in no event shall the applicable Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application Request for Issuance therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable Issuing Lender and the Borrower. The applicable Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit and the Administrative Agent shall promptly notify each Lender of the issuance of such Letter of Credit and, upon request by any Lender, furnish to such each Lender a copy of such Letter of Credit and the amount of each Lender's Commitment Percentage therein, all promptly following the issuance of such Lender’s participation thereinLetter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Caraustar Industries Inc)

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an Issuing Lender issue a Letter of Credit by delivering to such Issuing Lender at such Issuing Lender’s Lending Office and to the Administrative Agent at the Administrative Agent’s Office a Letter of Credit Application therefor, completed to the reasonable satisfaction of the applicable such Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such Issuing Lender and the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)request. Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationApplication, the applicable Issuing Lender shall process such Letter of Credit Application and the L/C Supporting Documentation certificates, documents and other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article V, promptly issue the Letter of Credit requested thereby (but in no event shall the applicable such Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable Issuing Lender such Xxxxxxx Xxxxxx and the Borrower. The applicable Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit and Credit. Upon receipt of such Letter of Credit, the Administrative Agent shall promptly notify each Revolving Credit Lender of the issuance of such Letter of Credit and, and upon request by any Revolving Credit Lender, furnish to such Revolving Credit Lender a copy of such Letter of Credit and the amount of such Revolving Credit Lender’s participation therein, provided that the Administrative Agent shall be obligated to deliver the foregoing with respect to a Letter of Credit issued by an Issuing Lender not theretofore identified as such on the Register only after receipt by the Administrative Agent of all notices required to be delivered to the Administrative Agent with respect thereto.

Appears in 1 contract

Samples: Credit Agreement (CoreCivic, Inc.)

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an any Issuing Lender issue a Letter of Credit by delivering to such Issuing Lender at such Issuing Lender’s Lending Office and to the Administrative Agent at the Administrative Agent’s Office a Letter of Credit Application therefor, completed to the reasonable satisfaction of the applicable such Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such Issuing Lender and the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)request. Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationApplication, the applicable Issuing Lender shall process such Letter of Credit Application and the L/C Supporting Documentation certificates, documents and other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article VVI, promptly issue the Letter of Credit requested thereby (but in no event shall the applicable such Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable such Issuing Lender and the Borrower. The applicable Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit and promptly notify the Administrative Agent shall promptly notify and each Revolving Credit Lender of the issuance of such Letter of Credit and, upon request by any Revolving Credit Lender, furnish to such Lender a copy of such Letter of Credit and the amount of such Revolving Credit Lender’s participation therein. Upon the effectiveness of this Agreement, each Existing Letter of Credit shall, without any further action by any party, be deemed to have been issued as a Letter of Credit hereunder on the date of such effectiveness and shall for all purposes hereof be treated as a Letter of Credit under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Blackhawk Network Holdings, Inc)

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an the Issuing Lender issue a Letter of Credit by delivering to such Issuing Lender at such Issuing Lender’s Lending Office and to the Administrative Agent at the Administrative Agent’s Office a Letter of Credit Application therefor, completed to the reasonable satisfaction of the applicable Issuing Lender and the Administrative AgentAgent at their respective addresses for notices specified herein a commercial letter of credit application in the Issuing Lender's then customary form (a "Trade L/C Application") or a standby letter of credit application in the Issuing Lender's then customary form (a "Standby L/C Application"), as the case may be, in each case completed to 39 38 the satisfaction of the Issuing Lender, and such other certificates, documents and other papers and information as such may be customary for letters of credit of the kind being requested and as the Issuing Lender and the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)request. Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationApplication, the applicable Issuing Lender shall will process such Letter of Credit Application and the L/C Supporting Documentation certificates, documents and other papers and information delivered to it in connection therewith in accordance with its customary procedures and shalland, after approving upon receipt by the same and receiving Issuing Lender of confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of CreditCredit will not contravene Section 3.1, subject to Section 3.1 and Article V, the Issuing Lender shall promptly issue the Letter of Credit requested thereby (but in no event shall the applicable Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable Issuing Lender and the Borrower. The applicable Issuing Lender shall promptly furnish a copy of such Letter of Credit to the Borrower and the Administrative Agent a copy of such Letter of Credit and the Administrative Agent shall promptly notify each Lender of following the issuance thereof and to each Revolving Credit Lender promptly following the end of such Letter of Credit and, upon request by any Lender, furnish to such Lender a copy of such Letter of Credit and the amount of such Lender’s participation thereineach month.

Appears in 1 contract

Samples: Credit Agreement (Cooperative Computing Inc /De/)

Procedure for Issuance of Letters of Credit. The Whenever Borrower may from time to time request that an Issuing Lender issue desires the issuance of a Letter of Credit by delivering to such Issuing Lender at such Issuing Lender’s Lending Office and to the hereunder, it shall give Administrative Agent and Facing Agent at least three (3) Business Days' prior written notice (or such shorter period as may be agreed to by Borrower, Administrative Agent and Facing Agent) specifying the Administrative Agent’s Office day of issuance thereof (which day shall be a Business Day), such notice to be given prior to 12:00 P.M. (New York City time) on the date specified for the giving of such notice. Each such notice (each, a "Letter of Credit Application therefor, completed to the reasonable satisfaction of the applicable Issuing Lender and the Administrative Agent, and such other certificates, documents and other papers and information as such Issuing Lender and the Administrative Agent may reasonably request (the “L/C Supporting Documentation”Request") (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated). Upon receipt in the form of any Letter Exhibit 2.9 hereto and shall specify (A) the proposed issuance date and expiration date, (B) the name(s) of Credit Application and the L/C Supporting Documentation, the applicable Issuing Lender shall process such Letter of Credit Application and the L/C Supporting Documentation delivered each obligor with respect to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject (C) Borrower as the account party, (D) the name and address of the beneficiary (which Person shall be reasonably acceptable to Section 3.1 and Article VFacing Agent), promptly issue (E) the Stated Amount of such proposed Letter of Credit requested thereby and (but in no event shall F) the applicable Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable Issuing Lender and the Borrower. The applicable Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent a copy purpose of such Letter of Credit and such other information as Facing Agent may reasonably request (which shall be acceptable to Administrative Agent and Facing Agent). In addition, each Letter of Credit Request shall contain a description of the terms and conditions to be included in such proposed Letter of Credit (all of which terms and conditions shall be acceptable to Facing Agent). Each Letter of Credit Request may be delivered to Administrative Agent and Facing Agent by telecopy and Administrative Agent and Facing Agent shall be entitled to rely on such telecopy without the need of obtaining an original thereof. Promptly after the issuance or amendment of a Standby Letter of Credit, Facing Agent shall notify Administrative Agent and Borrower, in writing, of such issuance or amendment and such notice shall be accompanied by a copy of such issuance or amendment. Upon receipt of such notice, Administrative Agent shall promptly notify each Lender in writing, of such issuance or amendment and if requested to do so by a Lender Administrative Agent shall furnish such Lender with a copy of such issuance or amendment. With regards to Commercial Letters of Credit, Facing Agent shall, on the first Business Day of each week, provide Administrative Agent, by telecopy with a report detailing the daily aggregated outstanding Commercial Letters of Credit for the prior week. Unless otherwise specified, all Letters of Credit will be governed by the Uniform Customs and Practice for Documentary Credits as in effect on the date of issuance of such Letter of Credit and, upon request by any Lender, furnish to such Lender a copy of such Credit. Each Letter of Credit shall include any other documents as Facing Agent customarily requires in connection therewith. On the Business Day specified by Borrower and upon fulfillment or waiver of the amount applicable conditions set forth in Article V, Facing Agent will issue the requested Letter of such Lender’s participation thereinCredit to the applicable beneficiary.

Appears in 1 contract

Samples: Credit Agreement (TNS Inc)

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an Issuing Lender issue a Letter of Credit by delivering to such Issuing Lender at such Issuing Lender’s Lending Office and to the Administrative Agent at the Administrative Agent’s Office a Letter of Credit its address for notices specified herein an Application therefor, completed to the reasonable satisfaction of the applicable such Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such Issuing Lender may request. Concurrently with the delivery of an Application to an Issuing Lender, the Borrower shall deliver a copy thereof to the Administrative Agent and the Administrative Agent may reasonably shall provide notice of such request (to the L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)Participants. Upon receipt of any Letter of Credit Application, an Issuing Lender will process such Application and the L/C Supporting Documentationcertificates, the applicable Issuing Lender shall process such Letter of Credit Application documents and the L/C Supporting Documentation other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article V, shall promptly issue the Letter of Credit requested thereby (but in no event shall the applicable Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed to by the applicable such Issuing Lender and the BorrowerBorrower (but in no event shall any Issuing Lender be required to issue any Letter of Credit earlier than three Business Days after its receipt of the Application therefor and all such other certificates, documents and other papers and information relating thereto). The applicable Promptly after issuance by an Issuing Lender of a Letter of Credit, such Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit to the Borrower. The Borrower is responsible for the final text of the Letter of Credit as issued by an Issuing Lender, irrespective of any assistance such Issuing Lender may provide such as drafting or recommending text or by Issuing Lender’s use or refusal to use text submitted by the Borrower. The Borrower is solely responsible for the suitability of the Letter of Credit for the Borrower’s purposes. The Borrower irrevocably appoints each Issuing Lender as its attorney-in-fact and authorizes each Issuing Lender, without notice to the Borrower, to execute and deliver ancillary documents and letters customary in the letter of credit business that may include but are not limited to advisements, indemnities, checks, bills of exchange and issuance documents. The power of attorney granted by the Borrower is limited solely to such actions related to the issuance, confirmation or amendment of any Letter of Credit and to ancillary documents or letters customary in the letter of credit business. This appointment is coupled with an interest. Each Issuing Lender shall promptly give notice to the Administrative Agent shall promptly notify each Lender of the issuance of such each Letter of Credit andissued by such Issuing Lender (including the amount thereof), upon request by any Lender, furnish to such Lender and shall provide a copy of such Letter of Credit to the Administrative Agent as soon as possible after the date of issuance. Unless otherwise expressly agreed by an Issuing Lender and the amount Borrower, when a Letter of Credit is issued (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce at the time of issuance shall apply to each commercial Letter of Credit. If the Borrower so requests in any applicable Application, the Issuing Lender may, in its sole discretion, agree to issue a Letter of Credit that has automatic extension provisions (each, an “Auto-Extension Letter of Credit”); provided that any such Auto-Extension Letter of Credit must permit the Issuing Lender to prevent any such extension at least once in each twelve-month period (commencing with the date of issuance of such Letter of Credit) by giving prior notice to the beneficiary thereof not later than a day (the “Non-Extension Notice Date”) in each such twelve-month period to be agreed upon at the time such Letter of Credit is issued. Unless otherwise directed by the Issuing Lender’s participation therein, the Borrower shall not be required to make a specific request to the Issuing Lender for any such extension. Once an Auto-Extension Letter of Credit has been issued, the Lenders shall be deemed to have authorized (but may not require) the Issuing Lender to permit the extension of such Letter of Credit at any time to an expiry date not later than the Termination Date; provided, however, that the Issuing Lender shall not permit any such extension if (x) such extension would extend the expiry date beyond the fifth Business Day prior to the Scheduled Termination Date or (y) it has received notice (which may be by telephone or in writing) on or before the day that is seven Business Days before the Non-Extension Notice Date (1) from the Administrative Agent that the Required Revolving Lenders have elected not to permit such extension or (2) from the Administrative Agent, any Lender or the Borrower that one or more of the applicable conditions specified in Section 5.2 is not then satisfied, and in each such case directing the Issuing Lender not to permit such extension.

Appears in 1 contract

Samples: Guaranty and Security Agreement (PACIFIC GAS & ELECTRIC Co)

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an Issuing Lender issue a Letter of Credit by delivering to such Issuing Lender at such Issuing Lender’s Lending Office and to the Administrative Agent at the Administrative Agent’s Office a Letter of Credit Application therefor, completed to the reasonable satisfaction of the applicable such Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such Issuing Lender and the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)request. Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationApplication, the applicable Issuing Lender shall process such Letter of Credit Application and the L/C Supporting Documentation certificates, documents and other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article V, promptly issue the Letter of Credit requested thereby (but in no event shall the applicable such Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable such Issuing Lender and the Borrower. The applicable Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit and Credit. Upon receipt of such Letter of Credit, the Administrative Agent shall promptly notify each Revolving Credit Lender of the issuance of such Letter of Credit and, and upon request by any Revolving Credit Lender, furnish to such Revolving Credit Lender a copy of such Letter of Credit and the amount of such Revolving Credit Lender’s participation therein, provided that the Administrative Agent shall be obligated to deliver the foregoing with respect to a Letter of Credit issued by an Issuing Lender not theretofore identified as such on the Register only after receipt by the Administrative Agent of all notices required to be delivered to the Administrative Agent with respect thereto.

Appears in 1 contract

Samples: Credit Agreement (CoreCivic, Inc.)

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an Issuing Lender issue a Letter of Credit by delivering to such the Issuing Lender at such Issuing Lender’s Lending Office and its address for notices specified herein or otherwise on file with the Administrative Agent (with a copy to the Administrative Agent at the Administrative Agent’s Office a Letter of Credit ) an Application therefor, completed to the reasonable satisfaction of the applicable such Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such Issuing Lender and the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)request. Upon receipt of any Letter of Credit Application and the L/C Supporting Documentation, Unless the applicable Issuing Lender shall process such has received written notice from any Lender or the Administrative Agent at least one Business Day prior to the requested date of issuance or amendment of the applicable Letter of Credit Application that the conditions precedent set forth in Article IV shall not then be satisfied, then, subject to the terms and conditions hereof, such Issuing Lender shall, on the L/C Supporting Documentation delivered to it in connection therewith requested date, issue a Letter of Credit 63 or enter into the applicable amendment, as the case may be, in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article V, promptly issue the Letter of Credit requested thereby (but in no event shall the applicable Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original ). The applicable Issuing Lender shall furnish a copy of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by Borrower promptly following the applicable Issuing Lender and the Borrowerissuance thereof. The applicable Issuing Lender shall promptly furnish to the Borrower and Administrative Agent, which shall in turn promptly furnish to the Administrative Agent a copy of such Letter of Credit and the Administrative Agent shall promptly notify each Lender Lenders, notice of the issuance of such each Letter of Credit and, upon request by any Lender, furnish to such Lender a copy of such (including the amount thereof). A Letter of Credit shall be issued only to the extent (and upon issuance of each Letter of Credit the Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the L/C Obligations shall not exceed the aggregate L/C Commitments of all Issuing Lenders, (ii) (x) the aggregate undrawn amount of all outstanding Letters of Credit issued by an Issuing Lender at such time plus (y) the unreimbursed portion of any payment made by such Issuing Lender under a Letter of Credit shall not exceed such Issuing Lender’s L/C Commitment and (iii) the aggregate amount of the Five-Year Extensions of Credit shall not exceed the aggregate Five-Year Commitments. Such Issuing Lender shall promptly furnish to the Administrative Agent, which shall in turn promptly furnish to the Lenders, notice of the issuance of each Letter of Credit (including the amount of such Lender’s participation therein.thereof). (c)

Appears in 1 contract

Samples: Credit Agreement (Tegna Inc)

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an Issuing Lender issue a Letter of Credit by delivering to such Issuing Lender at such Issuing Lender’s Lending Office and to the Administrative Agent at the Administrative Agent’s Office a Letter of Credit its address for notices specified herein an Application therefor, completed to the reasonable satisfaction of the applicable such Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such Issuing Lender may request. Concurrently with the delivery of an Application to an Issuing Lender, the Borrower shall deliver a copy thereof to the Designated Agent and the Administrative Designated Agent may reasonably shall provide notice of such request (to the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated)Lenders. Upon receipt of any Letter of Credit Application, an Issuing Lender will process such Application and the L/C Supporting Documentationcertificates, the applicable Issuing Lender shall process such Letter of Credit Application documents and the L/C Supporting Documentation other papers and information delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article V, shall promptly issue the Letter of Credit requested thereby (but in no event shall the applicable Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed to by the applicable such Issuing Lender and the BorrowerBorrower (but in no event shall any Issuing Lender be required to issue any Letter of Credit earlier than three Business Days after its receipt of the Application therefor and all such other certificates, documents and other papers and information relating thereto). The applicable Promptly after issuance by an Issuing Lender of a Letter of Credit, such Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit and to the Administrative Agent Borrower. The Borrower is responsible for the final text of the Letter of Credit as issued by an Xxxxxxx Xxxxxx, irrespective of any assistance such Issuing Lender may provide such as drafting or recommending text or by Xxxxxxx Xxxxxx’s use or refusal to use text submitted by the Borrower. The Borrower is solely responsible for the suitability of the Letter of Credit for the Borrower’s purposes. Each Issuing Lender shall promptly notify each Lender give notice to the Designated Agent of the issuance of such each Letter of Credit andissued by such Issuing Lender (including the amount thereof), upon request by any Lender, furnish to such Lender and shall provide a copy of such Letter of Credit to the Designated Agent as soon as possible after the date of issuance. Unless otherwise expressly agreed by an Issuing Lender and the amount Borrower, when a Letter of Credit is issued (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce at the time of issuance shall apply to each commercial Letter of Credit. If the Borrower so requests in any applicable Application, the Issuing Lender may, in its sole discretion, agree to issue a Letter of Credit that has automatic extension provisions (each, an “Auto-Extension Letter of Credit”); provided that any such Auto-Extension Letter of Credit must permit the Issuing Lender to prevent any such extension at least once in each twelve-month period (commencing with the date of issuance of such Letter of Credit) by giving prior notice to the beneficiary thereof not later than a day (the “Non-Extension Notice Date”) in each such twelve-month period to be agreed upon at the time such Letter of Credit is issued. Unless otherwise directed by the Issuing Lender’s participation therein, the Borrower shall not be required to make a specific request to the Issuing Lender for any such extension. Once an Auto-Extension Letter of Credit has been issued, the Lenders shall be deemed to have authorized (but may not require) the Issuing Lender to permit the extension of such Letter of Credit at any time to an expiry date not later than the Letter of Credit Expiration Date; provided, however, that the Issuing Lender shall not permit any such extension if it has received notice (which may be by telephone or in writing) on or before the day that is seven Business Days before the Non-Extension Notice Date (1) from the Designated Agent that the Required Lenders have elected not to permit such extension or (2) from the Designated Agent, any Lender or the Borrower that one or more of the applicable conditions specified in Section 5.2 is not then satisfied, and in each such case directing the Issuing Lender not to permit such extension.

Appears in 1 contract

Samples: Credit Agreement (PG&E Corp)

Procedure for Issuance of Letters of Credit. (i) The Borrower may from time to time request that an Issuing Lender issue Company shall give the Issuer and the Agent three (3) Business Days' prior written notice of any requested issuance of a Letter of Credit (except that, in lieu of such written notice, the Company may give the Issuer (x) notice of such request by delivering to such Issuing Lender at such Issuing Lender’s Lending Office and tested telex or other tested arrangement satisfactory to the Administrative Agent at the Administrative Agent’s Office a Letter Issuer or (y) telephonic notice of Credit Application therefor, completed such request if confirmed in writing by delivery to the reasonable satisfaction Issuer (i) immediately (A) of a telecopy of the applicable Issuing Lender written notice required hereunder which has been signed by an authorized signatory of the Company or (B) of a telex containing all information required to be contained in such written notice and the Administrative Agent, and such other certificates, documents and other papers and information as such Issuing Lender and the Administrative Agent may reasonably request (the “L/C Supporting Documentation”ii) (which information shall include the Permitted Currency in which the Letter of Credit shall be denominated). Upon receipt of any Letter of Credit Application and the L/C Supporting Documentation, the applicable Issuing Lender shall process such Letter of Credit Application and the L/C Supporting Documentation delivered to it in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article V, promptly issue the Letter of Credit requested thereby (but in no event shall later than the applicable Issuing Lender be requested time of issuance) of a copy of the written notice required to issue any hereunder containing the original signature of an authorized signatory of the Company). Each such notice (each a "Letter of Credit earlier than three (3Request") Business Days after its receipt shall be irrevocable once the relevant Letter of Credit is issued and shall specify the stated amount of the Letter of Credit Application therefor requested, the Issuance Date (which day shall be a Business Day) of such requested Letter of Credit, the date on which such requested Letter of Credit is to expire (which date shall be a Business Day and shall in no event be on or after the L/C Supporting Documentation relating thereto) by issuing Expiration Date), the original of purpose for which such Letter of Credit is to the beneficiary thereof or as otherwise may be agreed by the applicable Issuing Lender issued, and the BorrowerPerson for whose benefit the requested Letter of Credit is to be issued. The applicable Issuing Lender Promptly after receipt thereof, the Agent shall promptly furnish to notify each Bank of the Borrower and contents of each Letter of Credit Request. At the Administrative Agent a copy of time such Letter of Credit Request is made, the Company shall also provide the Issuer and the Administrative Agent shall promptly notify each Lender with a copy of the issuance form of such the Letter of Credit and, upon request by any Lender, furnish to such Lender a copy of such it is requesting be issued. Such Letter of Credit Request, to be effective, must be received by the Issuer and the amount of such Lender’s participation thereinAgent not later than 2:00 p.m. (Chicago time) on the last Business Day on which notice can be given under this Section 2.18(c).

Appears in 1 contract

Samples: Credit Agreement (Johnson Worldwide Associates Inc)

Procedure for Issuance of Letters of Credit. (a) The Borrower Representative (on behalf of the applicable Borrower) may from time to time request during the Commitment Period but in no event later than the 5th day prior to the Maturity Date that an the Issuing Lender issue a Letter of Credit by delivering to such the Issuing Lender at such Issuing Lender’s Lending Office and to the Administrative Agent at the Administrative Agent’s Office , at their respective addresses for notices specified herein, a Letter of Credit Application therefor, Request therefor (completed to the reasonable satisfaction of the applicable Issuing Lender and the Administrative AgentLender), and such other certificates, documents and other papers and information as such the Issuing Lender and the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the request. Each Letter of Credit Request shall be denominated)specify the applicable Borrower. Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationRequest, the applicable Issuing Lender shall (i) confirm with the Administrative Agent (by telephone or in writing) that the Administrative Agent has received a copy of such Letter of Credit Request from the Borrower Representative and, if not so received, the Issuing Lender shall provide the Administrative Agent with a copy thereof and (ii) process such Letter of Credit Application Request and the L/C Supporting Documentation certificates, documents and other papers and information delivered to it in connection therewith in accordance with its customary procedures and shalland, after approving the same and receiving confirmation from unless notified by the Administrative Agent that sufficient availability exists under Agent, any Lender or any Loan Party, at least two Business Days prior to the Credit Facility for requested date of issuance or amendment of the issuance of such applicable Letter of Credit, subject to Section 3.1 and Article Vthat one or more applicable conditions contained in subsection 6.2 shall not then be satisfied, shall promptly issue the Letter of Credit requested thereby (but in no event shall the applicable Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application Request therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable Issuing Lender and the BorrowerBorrower Representative. The applicable Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit to the Borrower Representative promptly following the issuance thereof. Promptly after the issuance or amendment of any Standby Letter of Credit, the Issuing Lender shall notify the Borrower Representative and the Administrative Agent, in writing, of such issuance or amendment and such notice shall be accompanied by a copy of such issuance or amendment. Upon receipt of such notice, the Administrative Agent shall promptly notify each Lender of the issuance Lenders, in writing, of such Letter of Credit andissuance or amendment, upon request and if so requested by any Lender, furnish a Lender the Administrative Agent shall provide to such Lender a copy copies of such Letter issuance or amendment. With regard to commercial Letters of Credit, the Issuing Lender shall on the first Business Day of each week provide the Administrative Agent, by facsimile, with a report detailing the aggregate daily outstanding commercial Letters of Credit and during the amount of such Lender’s participation thereinprevious week.

Appears in 1 contract

Samples: Credit Agreement (Us Foods, Inc.)

Procedure for Issuance of Letters of Credit. (i) The Borrower Representative may from time to time request during the Initial Revolving Commitment Period, but in no event later than the 30th day prior to the Initial Revolving Maturity Date, that an the Issuing Lender Bank issue a Letter of Credit by delivering to such the Issuing Lender at such Issuing Lender’s Lending Office Bank and to the Administrative Agent at the Administrative Agent’s Office , at their respective addresses for notices specified herein, a Letter of Credit Application therefor, Request therefor (completed to the reasonable satisfaction of the applicable Issuing Lender and the Administrative AgentBank), and such other certificates, documents and other papers and information as such the Issuing Lender and the Administrative Agent Bank may reasonably request (request. Each Letter of Credit Request shall specify the “L/C Supporting Documentation”) (which information shall include the Permitted Designated Currency in which the requested Letter of Credit shall is to be denominateddenominated (or specify that the requested Letter of Credit is to be denominated in Euro). Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationRequest, the applicable Issuing Lender Bank shall (i) confirm with the Administrative Agent (by telephone or in writing) that the Administrative Agent has received a copy of such Letter of Credit Request from the Borrower Representative and, if not so received, the Issuing Bank shall provide the Administrative Agent with a copy thereof and (ii) process such Letter of Credit Application Request and the L/C Supporting Documentation certificates, documents and other papers and information delivered to it in connection therewith in accordance with its customary procedures and shalland, after approving the same and receiving confirmation from unless notified by the Administrative Agent that sufficient availability exists under or the Credit Facility for Borrower Representative, at least one Business Day prior to the requested date of issuance or amendment of such the applicable Letter of Credit, subject to Section 3.1 and Article Vthat one or more applicable conditions contained in Subsection 6.2 shall not then be satisfied, shall promptly issue the Letter of Credit requested thereby (but in no event shall the applicable Issuing Lender Bank be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application Request therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable Issuing Lender Bank and the BorrowerBorrower Representative. The applicable Issuing Lender Bank shall promptly furnish to the Borrower and the Administrative Agent a copy of such Letter of Credit to the Borrower Representative promptly following the issuance thereof. Promptly after the issuance or amendment of any Standby Letter of Credit, the Issuing Bank shall notify the Borrower Representative and the Administrative Agent, in writing, of such issuance or amendment and such notice shall be accompanied by a copy of such issuance or amendment. Upon receipt of such notice, the Administrative Agent shall promptly notify each Lender of the issuance Lenders, in writing, of such Letter of Credit andissuance or amendment, upon request and if so requested by any Lender, furnish a Lender the Administrative Agent shall provide to such Lender a copy copies of such Letter issuance or amendment. With regard to Commercial Letters of Credit, the Issuing Bank shall on the first Business Day of each week provide the Administrative Agent, by facsimile, with a report detailing the aggregate daily outstanding Commercial Letters of Credit and during the amount of such Lender’s participation thereinprevious week.

Appears in 1 contract

Samples: Credit Agreement (Mauser Group B.V.)

Procedure for Issuance of Letters of Credit. The Borrower JLG, on behalf of the Borrowers, may from time to time request that an the Issuing Lender issue a Letter of Credit by delivering to such the Issuing Lender at such Issuing Lender’s Lending Office and to the Administrative Agent at the Administrative Agent’s 's Office a Letter of Credit an Application therefortherefore, completed to the reasonable satisfaction of the applicable Issuing Lender and the Administrative AgentLender, and such other certificates, documents and other papers and information as such the Issuing Lender and the Administrative Agent may reasonably request (the “L/C Supporting Documentation”) (which information shall include the Permitted Currency in which the Letter request; provided, that if no such certificate, documents or other papers are requested by Issuing Lender, then such delivery of Credit an Application shall be denominated)deemed to be a representation and warranty by JLG to Issuing Lender that the matters set forth in Section 5.2 (a) and (b) are true and correct as of the date of such delivery. Upon receipt of any Letter of Credit Application and the L/C Supporting DocumentationApplication, the applicable Issuing Lender shall process such Letter of Credit Application and the L/C Supporting Documentation certificates, documents and other papers and information delivered to it it, if any, in connection therewith in accordance with its customary procedures and shall, after approving the same and receiving confirmation from the Administrative Agent that sufficient availability exists under the Credit Facility for the issuance of such Letter of Credit, subject to Section 3.1 and Article VV hereof, promptly issue the Letter of Credit requested thereby (but in no event shall the applicable Issuing Lender be required to issue any Letter of Credit earlier than three (3) Business Days after its receipt of the Letter of Credit Application therefor and the L/C Supporting Documentation all such other certificates, documents and other papers and information relating thereto) by issuing the original of such Letter of Credit to the beneficiary thereof or as otherwise may be agreed by the applicable Issuing Lender and the BorrowerBorrowers. The applicable Issuing Lender shall promptly furnish to the Borrower and the Administrative Agent Borrowers a copy of such Letter of Credit and the Administrative Agent shall promptly notify each Lender of the issuance of such Letter of Credit and, upon request by any Lender, furnish to such Lender a copy of such Letter of Credit Credit, and the amount of such Lender’s 's participation therein.

Appears in 1 contract

Samples: Credit Agreement (Access Financial Solutions Inc)

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