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

Procedure for Obtaining Letters of Credit. The amount and date of issuance, renewal, extension or reissuance of a Letter of Credit pursuant to the Banks' commitment above in Section 2(b) shall be designated by Borrower's written request delivered to Agent at least three (3) Business Days prior to the date of such issuance, renewal, extension or reissuance. Concurrently with or promptly following the delivery of the request for a Letter of Credit, Borrower shall execute and deliver to the Agent an application and agreement with respect to the Letters of Credit on the customary forms of the Agent pertaining to such Letters of Credit. The Agent shall not be obligated to issue, renew, extend or reissue such Letters of Credit if (A) the amount thereon when added to the amount of the outstanding Letters of Credit exceed Ten Million Dollars ($10,000,000.00) or (B) the amount thereof when added to the amount of all outstanding Letters of Credit and all amounts outstanding under the Notes would exceed the Revolving Commitment. Borrower agrees to pay the Agent for the benefit of the Banks commissions for issuing the Letters of Credit (calculated separately for each Letter of Credit) at the rate of the greater of (i) 1-1/2% per annum on the maximum face amount of the Letter of Credit or (ii) $400.00. Such commission shall be payable prior to the issuance of the Letter of Credit and thereafter on each anniversary date of such issuance while such Letter of Credit is outstanding.

Procedure for Obtaining Letters of Credit. The amount and date of issuance, renewal, extension or reissuance of a Letter of Credit pursuant to the Banks' ’ commitment above in Section 2(b) shall be designated by Borrower's ’s written request delivered to Agent at least three (3) Business Days prior to the date of such issuance, renewal, extension or reissuance. Concurrently with or promptly following the delivery of the request for a Letter of Credit, Borrower shall execute and deliver to the Agent an application and agreement with respect to the Letters of Credit on the customary forms of the Agent pertaining to such Letters of Credit. The Agent shall not be obligated to issue, renew, extend or reissue such Letters of Credit if (A) the amount thereon when added to the amount of the outstanding Letters of Credit exceed Ten Million Dollars ($10,000,000.00) or (B) the amount thereof when added to the amount of all outstanding Letters of Credit and all amounts outstanding under the Notes would exceed the Revolving Commitment. Borrower agrees to pay the Agent for the benefit of the Banks commissions for issuing the Letters of Credit (calculated separately for each Letter of Credit) at the rate of the greater of (i) 1-1/2% per annum on the maximum face amount of the Letter of Credit or (ii) $400.00. Such commission shall be payable prior to the issuance of the Letter of Credit and thereafter on each anniversary date of such issuance while such Letter of Credit is outstanding.

Procedure for Obtaining Letters of Credit. The amount and date ----------------------------------------- of issuance, renewal, extension or reissuance of a Letter of Credit pursuant to the Banks' commitment commitments above in Section 2(b2(e) shall be designated by Borrower's written request delivered to Agent at least three (3) Business Days prior to the date of such issuance, renewal, extension or reissuance. Concurrently with or promptly following the delivery of the request for a Letter of Credit, Borrower shall execute and deliver to the Agent an application and agreement with respect to the Letters of Credit on Credit, said application and agreement to be in the customary forms of form used by the Agent pertaining to such Letters of CreditAgent. The Agent shall not be obligated to issue, renew, extend or reissue such Letters of Credit if (A) the amount thereon when added to the face amount of the outstanding Letters of Credit exceed Ten plus any Reimbursement Obligations exceeds Two Million Dollars ($10,000,000.002,000,000) or (B) the amount thereof when added to the amount of all outstanding Letters of Credit and all amounts outstanding under the Notes Total Outstandings would exceed the Revolving Commitment. Borrower agrees to pay the Agent for the benefit of the Banks commissions for issuing the Letters of Credit (calculated separately for each Letter of Credit) at the rate of in an amount equal to the greater of (i) 1one and one-1/2% half percent (1.5%) per annum on the maximum face amount of the Letter of Credit or (ii) $400.00500.00. Such commission commissions shall be payable prior to the issuance of the each Letter of Credit and thereafter on each anniversary date of such issuance while such Letter of Credit is outstanding.

Procedure for Obtaining Letters of Credit. The amount and date of issuance, renewal, extension or reissuance re-issuance of a Letter of Credit pursuant to the Banks' commitment above in Section 2(b2(c) above shall be designated by Borrower's the Borrowers' written request delivered to Agent at least three (3) Business Days prior to the date of such issuance, renewal, extension or reissuancere-issuance. Concurrently with or promptly following the delivery of the request for a Letter of Credit, Borrower the Borrowers shall execute and deliver to the Agent an application and agreement with respect to the Letters of Credit on the customary forms of the Agent pertaining to such Letters Letter of Credit, said application and agreement to be in the form used by Agent. The Agent shall not be obligated to issue, renew, extend or reissue such Letters Letter of Credit if (A) the amount thereon thereof, when added to the amount of the outstanding Letters of Credit exceed Ten Million Dollars ($10,000,000.00) or (B) the amount thereof when added to the amount of all outstanding Letters of Credit and all amounts outstanding under the Notes Total Outstandings would exceed the Revolving Commitment. Borrower agrees The Borrowers agree to pay the Agent Agent, for the benefit of the Banks commissions Banks, a commission for issuing the Letters of Credit (calculated separately for each Letter of Credit) at the rate of Credit in an amount equal to the greater of (i) 1-1/2% per annum the Applicable Margin for LIBOR Tranches, as in effect on the date of issuance of the Letter of Credit, times the maximum face amount of the Letter of Credit Credit, or (ii) $400.00750.00. Agent shall keep all amounts up to $750.00 of any letter of credit fee for its own account. Amounts in excess of $750.00 shall be shared on a pro rata basis with the Banks. In addition, Borrowers shall also pay to Agent, as the Letter of Credit issuer, a fronting fee equal to fifteen (15) Basis Points on the face amount of each Letter of Credit issued hereunder. Such commission commissions shall be payable prior to the issuance of the each Letter of Credit and thereafter on each anniversary date of such issuance while such Letter of Credit is outstanding.