Common use of Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit Clause in Contracts

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of Borrower delivered to Lender in the form of a L/C Application, appropriately completed and signed by a Responsible Officer of Borrower. Such L/C Application must be received by Lender not later than 12:00 p.m. at least two (2) Business Days (or such later date and time as Lender may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as the case may be. In the case of a request for an initial issuance of a Letter of Credit, such L/C Application shall specify in form and detail satisfactory to Lender: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (B) the amount thereof; (C) the expiry date thereof; (D) the name and address of the beneficiary thereof; (E) the documents to be presented by such beneficiary in case of any drawing thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; (G) the purpose and the nature of the requested Letter of Credit; and (H) such other matters as Lender may require. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Application shall specify in form and detail satisfactory to Lender (w) the Letter of Credit to be amended; (x) the proposed date of amendment thereof (which shall be a Business Day); (y) the nature of the proposed amendment; and (z) such other matters as Lender may require. Additionally, Borrower shall furnish to Lender such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as Lender may require.

Appears in 3 contracts

Samples: Credit Agreement (Heritage-Crystal Clean, Inc.), Credit Agreement (Heritage-Crystal Clean, Inc.), Credit Agreement (Heritage-Crystal Clean, Inc.)

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Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Parent Borrower delivered to Lender an L/C Issuer (with a copy to the Administrative Agent) in the form of a L/C Letter of Credit Application, appropriately completed and signed by a Responsible Officer of Borrowerthe Parent Borrower or the REIT Guarantor. Such L/C Letter of Credit Application must be received by Lender the applicable L/C Issuer and the Administrative Agent not later than 12:00 p.m. 11:00 a.m. at least two three (23) Business Days (or such later date shorter period as the Administrative Agent and time as Lender such L/C Issuer may agree in a particular instance in its their sole discretion) prior to the proposed issuance date or date of amendment, as the case may be. In the case of a request for an initial issuance of a Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail reasonably satisfactory to Lenderthe applicable L/C Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (B) the amount and currency thereof; (C) the expiry date thereof; (D) the name and address of the beneficiary thereof; (E) the documents to be presented by such beneficiary in case of any drawing thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; (G) the purpose and the nature of the requested Letter of Credit; and (H) such other matters as Lender the applicable L/C Issuer may reasonably require. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail reasonably satisfactory to Lender the applicable L/C Issuer: (wA) the Letter of Credit to be amended; (xB) the proposed date of amendment thereof (which shall be a Business Day); (yC) the nature of the proposed amendment; and (zD) such other matters as Lender the applicable L/C Issuer may reasonably require. Additionally, Borrower the Borrowers shall furnish to Lender the applicable L/C Issuer and the Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as Lender such L/C Issuer or the Administrative Agent may reasonably require.

Appears in 2 contracts

Samples: Credit Agreement (Sabra Health Care REIT, Inc.), Credit Agreement (Sabra Health Care REIT, Inc.)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower delivered to Lender an L/C Issuer (with a copy to the Administrative Agent) in the form of a L/C ApplicationLetter of Credit Issuance Request, appropriately completed and signed by a Responsible Officer of Borrowerthe Borrower or his/her delegate or designee. Such L/C Application Letter of Credit Issuance Request must be received by Lender the relevant L/C Issuer and the Administrative Agent not later than 12:00 1:00 p.m. (New York City time) at least two (2) Business Days (or such later date and time as Lender may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as the case may be; or, in each case, such other date and time as the relevant L/C Issuer may agree in a particular instance in its sole discretion. In the case of a request for an initial issuance of a Letter of Credit, such L/C Application Letter of Credit Issuance Request shall specify in form and detail reasonably satisfactory to Lenderthe relevant L/C Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (BA) the amount thereof; (CA) the expiry date thereof; (DA) the name and address of the beneficiary thereof; (EA) the documents to be presented by such beneficiary in case of any drawing thereunder; (FA) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; (GA) the purpose and the nature of the requested relevant Approved Currency in which such Letter of CreditCredit is to be denominated; and (HA) such other matters as Lender the relevant L/C Issuer may requirereasonably request. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Application Letter of Credit Issuance Request shall specify in form and detail reasonably satisfactory to Lender the relevant L/C Issuer (w1) the Letter of Credit to be amended; (x1) the proposed date of amendment thereof (which shall be a Business Day); (y1) the nature of the proposed amendment; and (z1) such other matters as Lender the relevant L/C Issuer may require. Additionally, Borrower shall furnish to Lender such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as Lender may requirereasonably request.

Appears in 2 contracts

Samples: Credit Agreement (Alight, Inc. / Delaware), Credit Agreement (Alight, Inc. /DE)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each Subject to Section 3 (Conditions Precedent), each Letter of Credit shall be issued or amended, as the case may be, upon the request of Borrower delivered to Lender the applicable Issuing Bank during the period specified in Section 2.3(a) (Letter of Credit Commitment) (with a copy to the Administrative Agent) in the form of a L/C Applicationan Issuance Notice, appropriately completed and signed by a Responsible an Authorized Officer of Borrower. Such L/C Application Issuance Notice or Letter of Credit application, as applicable, must be received by Lender the applicable Issuing Bank and Administrative Agent not later than 12:00 p.m. (New York City time) at least two one (21) Business Days Day (or such later date and time as Lender the Administrative Agent and the applicable Issuing Bank may agree in a particular instance in its their sole discretion) prior to the proposed issuance date or date of amendment, as the case may be. In the case of a request for an initial issuance of a Letter of Credit, such L/C Application Issuance Notice or Letter of Credit application, as applicable, shall specify in form and detail satisfactory to Lenderthe applicable Issuing Bank: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (B) the amount thereof; (C) the expiry date thereofthereof (including a final expiration date in the case of an Auto-Extension Letter of Credit); (D) the name and address of the beneficiary thereof; (E) the form of such letter of credit (which shall be in compliance with the requirements of this Section 2.3 (Letters of Credit)) and the documents to be presented by such beneficiary in case of any drawing thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; (G) the purpose and the nature of the requested Letter of Credit, which shall be in accordance with Section 2.5(b) (Use of Proceeds), or as otherwise approved by the Issuing Bank in its sole discretion; and (H) such other matters as Lender the applicable Issuing Bank may requirereasonably require and shall be accompanied by such application as the applicable Issuing Bank may specify to the Borrower for use in connection with such requested Letter of Credit and such other information as shall demonstrate compliance of such Letter of Credit with the requirements specified in this Agreement and the relevant application. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Application Issuance Notice or Letter of Credit application, as applicable, shall specify in form and detail satisfactory to Lender the applicable Issuing Bank (wA) the Letter of Credit to be amended; (xB) the proposed date of amendment thereof (which shall be a Business Day); (yC) the nature of the proposed amendment; and (zD) such other matters as Lender the applicable Issuing Bank may requirereasonably require and shall be accompanied by such application as the applicable Issuing Bank may specify to the Borrower for use in connection with such requested Letter of Credit and such other information as shall demonstrate compliance of such Letter of Credit with the requirements specified in this Agreement and the relevant application. Additionally, Borrower shall furnish to Lender the applicable Issuing Bank and Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as Lender the applicable Issuing Bank or the Administrative Agent may reasonably require.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Cheniere Energy Partners, L.P.), Credit and Guaranty Agreement (Cheniere Energy, Inc.)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower delivered to Lender the applicable L/C Issuer (with a copy to the Administrative Agent) in the form of a L/C Letter of Credit Application, appropriately completed and signed by a Responsible Officer of BorrowerOfficer. Such L/C Letter of Credit Application must be received by Lender such L/C Issuer and the Administrative Agent not later than 12:00 p.m. 11:00 a.m. at least two (2) Business Days (or, in the case of Xxxxxx Xxxxxxx Bank, N.A., at least five Business Days) (or such later date and time as Lender the Administrative Agent and such L/C Issuer may agree in a particular instance in its their sole discretion) prior to the proposed issuance date or date of amendment, as the case may be. In the case of a request for an initial issuance of a Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to Lendersuch L/C Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (B) the amount thereof; (C) the expiry date thereof; (D) the name and address of the beneficiary thereof; (E) the documents to be presented by such beneficiary in case of any drawing thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; (G) the purpose and the nature of the such requested Letter of Credit; and (H) such other matters as Lender such L/C Issuer may require. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to Lender such L/C Issuer (wA) the Letter of Credit to be amended; (xB) the proposed date of amendment thereof (which shall be a Business Day); (yC) the nature of the proposed amendment; and (zD) such other matters as Lender such L/C Issuer may require. Additionally, the Borrower shall furnish to Lender such L/C Issuer and the Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as Lender such L/C Issuer or the Administrative Agent may require.

Appears in 2 contracts

Samples: Credit Agreement (Qep Resources, Inc.), Credit Agreement (QEP Midstream Partners, LP)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of a Borrower delivered to the Lender in the form of a L/C Letter of Credit Application, appropriately completed and signed by a Responsible Officer of Borrowersuch Borrower and/or such Subsidiary, as required by the Lender. Such L/C Letter of Credit Application may be sent by fax transmission, by United States mail, by overnight courier, by electronic transmission using the system provided by the Lender, by personal delivery or by any other means acceptable to the Lender. Such Letter of Credit Application must be received by the Lender not later than 12:00 p.m. 11:00 a.m. at least two (2) Business Days (or such later date and time as the Lender may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as the case may be. In the case of a request for an initial issuance of a Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to the Lender: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); , (B) the amount thereof; , (C) the expiry date thereof; , (D) the name and address of the beneficiary thereof; , (E) the documents to be presented by such beneficiary in case of any drawing thereunder; , (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; , (G) the purpose and the nature of the requested Letter of Credit; , and (H) such other matters as the Lender may reasonably require. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail reasonably satisfactory to the Lender (w1) the Letter of Credit to be amended; , (x2) the proposed date of amendment thereof (which shall be a Business Day); , (y3) the nature of the proposed amendment; , and (z4) such other matters as the Lender may reasonably require. Additionally, the applicable Borrower shall furnish to the Lender such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as the Lender may reasonably require.

Appears in 2 contracts

Samples: Credit Agreement (Resources Connection Inc), Credit Agreement (Resources Connection Inc)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the applicable Borrower delivered to Lender the applicable L/C Issuer (with a copy to the applicable Administrative Agent) in the form of a L/C Letter of Credit Application, appropriately completed and signed by a Responsible Borrowing Officer of the applicable Borrower. Such L/C Letter of Credit Application must be received by Lender the applicable L/C Issuer and the applicable Administrative Agent not later than 12:00 p.m. 11:00 a.m. at least two five (25) Business Days (or such later date and time as Lender the applicable Administrative Agent and the applicable L/C Issuer may agree in a particular instance in its their sole discretion) prior to the proposed issuance date or date of amendment, as the case may be. In the case of a request for an initial issuance of a Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to Lenderthe applicable L/C Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (B) the amount and currency thereof; (C) the expiry date thereof; (D) the name and address of the beneficiary thereof; (E) the documents to be presented by such beneficiary in case of any drawing thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; (G) the purpose and the nature of the requested Letter of Credit; Credit and (H) such other matters as Lender the applicable L/C Issuer may reasonably require. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to Lender the applicable L/C Issuer (wA) the Letter of Credit to be amended; (xB) the proposed date of amendment thereof (which shall be a Business Day); (yC) the nature of the proposed amendment; and (zD) such other matters as Lender the applicable L/C Issuer may reasonably require. Additionally, each Borrower shall furnish to Lender the applicable L/C Issuer and the applicable Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as Lender such L/C Issuer or such Administrative Agent may reasonably require.

Appears in 2 contracts

Samples: Credit Agreement (Graybar Electric Co Inc), Credit Agreement (Graybar Electric Co Inc)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower delivered to Lender any L/C Issuer (with a copy to the Administrative Agent) in the form of a L/C Letter of Credit Application, appropriately completed and signed by a Responsible Officer an authorized signatory of the Borrower. Such L/C Letter of Credit Application must be received by Lender the applicable L/C Issuer and the Administrative Agent not later than 12:00 p.m. 11:00 a.m. (New York City time) at least two (2) one Business Days Day (or such later date and time as Lender the Administrative Agent and such L/C Issuer may agree in a particular instance in its their sole discretion) prior to the proposed issuance date or date of amendment, as the case may be. In the case of a request for an initial issuance of a Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to Lenderthe applicable L/C Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (B) the amount thereof; (C) the expiry date thereof; (D) the name and address of the beneficiary thereof; (E) the documents to be presented by such beneficiary in case of any drawing thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; (G) the purpose and the nature of the requested Letter of Credit; (H) the Borrower or other Subsidiary of the Parent on whose account the requested Letter of Credit is being issued; and (HI) such other matters as Lender such L/C Issuer may reasonably require. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to Lender the applicable L/C Issuer (wA) the Letter of Credit to be amended; (xB) the proposed date of amendment thereof (which shall be a Business Day); (yC) the nature of the proposed amendment; and (zD) such other matters as Lender such L/C Issuer may require. Additionally, the Borrower shall furnish to Lender the applicable L/C Issuer and the Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as Lender such L/C Issuer or the Administrative Agent may reasonably require. Such Letter of Credit Application may be sent by facsimile, by United States mail, by overnight courier, by electronic transmission using the system provided by the applicable L/C Issuer, by personal delivery or by any other means acceptable to the applicable L/C Issuer.

Appears in 2 contracts

Samples: Credit Agreement (Invesco Ltd.), Credit Agreement (Invesco Ltd.)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of a Borrower delivered to Lender the Issuing Bank (with a copy to the Administrative Agent) in the form of a L/C Letter of Credit Application, appropriately completed and signed by a Responsible Officer of such Borrower (or, a Responsible Officer of the Company, on behalf of such Borrower). Such L/C Letter of Credit Application may be sent by facsimile, by United States mail, by overnight courier, by electronic transmission using the system provided by the Issuing Bank, by personal delivery or by any other means acceptable to the Issuing Bank. Such Letter of Credit Application must be received by Lender the Issuing Bank and the Administrative Agent not later than 12:00 p.m. 11:00 a.m. at least two (2) Business Days (or such later date and time as Lender the Administrative Agent and the Issuing Bank may agree in a particular instance in its their sole discretion) prior to the proposed issuance date or date of amendment, as the case may be. In the case of a request for an initial issuance of a Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to Lenderthe Issuing Bank: (A) the applicant Borrower and the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (B) the amount and currency thereof; (C) the expiry date thereof; (D) the name and address of the beneficiary thereof; (E) the documents to be presented by such beneficiary in case of any drawing thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; (G) the purpose and the nature of the requested Letter of Credit; and (H) such other matters as Lender the Issuing Bank may reasonably require. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail reasonably satisfactory to Lender the Issuing Bank (wA) the Letter of Credit to be amended; (xB) the proposed date of amendment thereof (which shall be a Business Day); (yC) the nature of the proposed amendment; and (zD) such other matters as Lender the Issuing Bank may reasonably require. Additionally, each Borrower shall furnish to Lender the Issuing Bank and the Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as Lender the Issuing Bank or the Administrative Agent may reasonably require.

Appears in 2 contracts

Samples: Credit Agreement (Bruker Corp), Credit Agreement (Bruker Corp)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower delivered to the Lender in the form of a L/C Letter of Credit Application, appropriately completed and signed by a Responsible Officer of Borrower. Such the Borrower and/or such Subsidiary, as required by the L/C Issuer. Such Letter of Credit Application may be sent by fax transmission, by United States mail, by overnight courier, by electronic transmission using the system provided by the Lender, by personal delivery or by any other means acceptable to the Lender. Such Letter of Credit Application must be received by the Lender not later than 12:00 p.m. 11:00 a.m. at least two five (25) Business Days (or such later date and time as the Lender may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as the case may be. In the case of a request for an initial issuance of a Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to the Lender: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (B) the amount thereofand currency thereof and in the absence of specification of currency shall be deemed a request for a Letter of Credit denominated in Dollars; (C) the expiry date thereof; (D) the name and address of the beneficiary thereof; (E) the documents to be presented by such beneficiary in case of any drawing thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; (G) the purpose and the nature of the requested Letter of Credit; and (H) such other matters as the Lender may require. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to the Lender (w1) the Letter of Credit to be amended; (x2) the proposed date of amendment thereof (which shall be a Business Day); (y3) the nature of the proposed amendment; and (z4) such other matters as the Lender may require. Additionally, the Borrower shall furnish to the Lender such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as the Lender may require.

Appears in 2 contracts

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

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower delivered to Lender an L/C Issuer (with a copy to the Administrative Agent) in the form of a L/C ApplicationLetter of Credit Issuance Request, appropriately completed and signed by a Responsible Officer of Borrowerthe Borrower or his/her delegate or designee. Such L/C Application Letter of Credit Issuance Request must be received by Lender the relevant L/C Issuer and the Administrative Agent not later than 12:00 p.m. 11:00 a.m. (local time in New York City) at least two (2) Business Days (or such later date and time as Lender may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as the case may be; or, in each case, such other date and time as the relevant L/C Issuer may agree in a particular instance in its sole discretion. In the case of a request for an initial issuance of a Letter of Credit, such L/C Application Letter of Credit Issuance Request shall specify in form and detail reasonably satisfactory to Lenderthe relevant L/C Issuer: (Aa) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (Bb) the amount thereof; (Cc) the expiry date thereof; (Dd) the name and address of the beneficiary thereof; (Ee) the documents to be presented by such beneficiary in case of any drawing thereunder; (Ff) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; (G) the purpose and the nature of the requested Letter of Credit; and (Hg) such other matters as Lender the relevant L/C Issuer may requirereasonably request. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Application Letter of Credit Issuance Request shall specify in form and detail reasonably satisfactory to Lender the relevant L/C Issuer (w1) the Letter of Credit to be amended; (x2) the proposed date of amendment thereof (which shall be a Business Day); (y3) the nature of the proposed amendment; and (z4) such other matters as Lender the relevant L/C Issuer may require. Additionally, Borrower shall furnish to Lender such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as Lender may requirereasonably request.

Appears in 2 contracts

Samples: Credit Agreement (ESH Hospitality, Inc.), Credit Agreement (ESH Hospitality, Inc.)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower delivered to Lender the Letter of Credit Issuer (with a copy to each Co-Agent) in the form of a L/C Request for Letter of Credit and a Letter of Credit Application, each appropriately completed and signed by a Responsible an Authorized Officer of the Borrower. Such L/C Request for Letter of Credit and Letter of Credit Application must be received by Lender the Letter of Credit Issuer and each Agent not later than 12:00 p.m. 11:00 a.m. (New York time) at least two five (25) Business Days (or such later date and time as Lender may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as the case may be, or such later date and time as each Co-Agent and the Letter of Credit Issuer may agree in a particular instance in their sole discretion. In the case of a request for an initial issuance of a Letter of Credit, such L/C Request of Letter of Credit and Letter of Credit Application shall specify in form and detail satisfactory to Lenderthe Letter of Credit Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (B) the amount thereof; (C) the expiry date thereof; (D) the name and address of the beneficiary thereof; (E) the documents documents, if any, to be presented by such beneficiary in case of any drawing thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; and (G) the purpose and the nature of the requested Letter of Credit; and (H) such other matters as Lender the Letter of Credit Issuer may reasonably require. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C the related Letter of Credit Application shall specify in form and detail satisfactory to Lender the Letter of Credit Issuer: (w1) the Letter of Credit to be amended; (x2) the proposed date of amendment thereof (which shall be a Business Day); (y3) the nature of the proposed amendment; and (z4) such other matters as Lender the Letter of Credit Issuer may reasonably require. Additionally, the Borrower shall furnish to Lender the Letter of Credit Issuer and the Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any as the Letter of Credit Issuer Documents, as Lender or the Administrative Agent may reasonably require.

Appears in 2 contracts

Samples: Assignment Agreement (Smithfield Foods Inc), Assignment Agreement (Smithfield Foods Inc)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of Borrower delivered to Lender in the form of a L/C Application, appropriately completed and signed by a Responsible Officer of Borrower. Such L/C Application must be received by Lender not later than 12:00 p.m. 11:00 a.m. at least two (2) Business Days (or such later date and time as Lender may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as the case may be. In the case of a request for an initial issuance of a Letter of Credit, such L/C Application shall specify in form and detail satisfactory to Lender: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (B) the amount thereof; (C) the expiry date thereof; (D) the name and address of the beneficiary thereof; (E) the documents to be presented by such beneficiary in case of any drawing thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; and (G) the purpose and the nature of the requested Letter of Credit; and (H) such other matters as Lender may require. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Application shall specify in form and detail satisfactory to Lender (wA) the Letter of Credit to be amended; (xB) the proposed date of amendment thereof (which shall be a Business Day); (yC) the nature of the proposed amendment; and (zD) such other matters as Lender may require. Additionally, Borrower shall furnish to Lender such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as Lender may require.

Appears in 2 contracts

Samples: Credit Agreement (Heritage-Crystal Clean, Inc.), Credit Agreement (Heritage-Crystal Clean, Inc.)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower delivered to Lender an L/C Issuer (with a copy to the Administrative Agent) in the form of a L/C ApplicationLetter of Credit Issuance Request, appropriately completed and signed by a Responsible Officer of Borrowerthe Borrower or his/her delegate or designee. Such L/C Application Letter of Credit Issuance Request must be received by Lender the relevant L/C Issuer and the Administrative Agent not later than 12:00 1:00 p.m. New York City time at least two (2) Business Days (or such later date and time as Lender may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as the case may be; or, in each case, such other date and time as the relevant L/C Issuer may agree in a particular instance in its sole discretion. In the case of a request for an initial issuance of a Letter of Credit, such L/C Application Letter of Credit Issuance Request shall specify in form and detail reasonably satisfactory to Lenderthe relevant L/C Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (B) the amount thereof; (C) the expiry date thereof; (D) the name and address of the beneficiary thereof; (E) the documents to be presented by such beneficiary in case of any drawing thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; (G) the purpose and the nature of the requested relevant Approved Currency in which such Letter of CreditCredit is to be denominated; and (H) such other matters as Lender the relevant L/C Issuer may requirereasonably request. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Application Letter of Credit Issuance Request shall specify in form and detail reasonably satisfactory to Lender the relevant L/C Issuer (w1) the Letter of Credit to be amended; (x2) the proposed date of amendment thereof (which shall be a Business Day); (y3) the nature of the proposed amendment; and (z4) such other matters as Lender the relevant L/C Issuer may require. Additionally, Borrower shall furnish to Lender such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as Lender may requirereasonably request.

Appears in 2 contracts

Samples: Credit Agreement (NRG Energy, Inc.), Credit Agreement (Vivint Smart Home, Inc.)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of Borrower delivered to Lender Agent in the form of a L/C Letter of Credit Application, appropriately completed and signed by a Responsible Officer of Borrower. Such L/C Letter of Credit Application must be received by Lender Agent (A) not later than 12:00 p.m. 10:00 a.m., Chicago time, at least two (2) Business Days (or such later date and time as Lender may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as the case may be, of any Letter of Credit denominated in Dollars, and (B) not later than 10:00 a.m., Chicago time, at least ten Business Days prior to the proposed issuance date or date of amendment, as the case may be, of any Letter of Credit denominated in an Alternative Currency; or in each case such later date and time as Agent may agree in a particular instance in its sole discretion. In the case of a request for an initial issuance of a Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to LenderAgent: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (B) the amount and currency thereof; (C) the expiry date thereof; (D) the name and address of the beneficiary thereof; (E) the documents to be presented by such beneficiary in case of any drawing thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; and (G) the purpose and the nature of the requested Letter of Credit; and (H) such other matters as Lender Agent may require. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to Lender Agent (wA) the Letter of Credit to be amended; (xB) the proposed date of amendment thereof (which shall be a Business Day); (yC) the nature of the proposed amendment; and (zD) such other matters as Lender Agent may require. Additionally, Borrower shall furnish to Lender Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as Lender Agent may require.

Appears in 2 contracts

Samples: Credit Agreement (Littelfuse Inc /De), Credit Agreement (Littelfuse Inc /De)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of Borrower the Company delivered to Lender the applicable L/C Issuer (with a copy to the Administrative Agent) in the form of a L/C Letter of Credit Application, appropriately completed and signed by a Responsible Officer of Borrowerthe Company. Such L/C Letter of Credit Application must be received by Lender such L/C Issuer and the Administrative Agent not later than 12:00 p.m. 11:00 a.m., Specified Time, at least two (2) Business Days (or such later date and time as Lender the Administrative Agent and such L/C Issuer may agree in a particular instance in its their sole discretion) prior to the proposed issuance date or requested date of issuance or amendment, as the case may be. In the case of a request for an initial issuance of a Letter of Credit, such L/C Letter of Credit Application shall specify specify, in form and detail satisfactory to Lender: the applicable L/C Issuer, (A) the proposed requested date of issuance date of the requested Letter of Credit (which shall be a Business Day); , (B) the amount thereof; Primary Revolving Borrower for whose account such Letter of Credit is to be issued, (C) the amount and currency thereof, (D) the expiry date thereof; , (DE) the name and address of the beneficiary thereof; , (EF) the documents to be presented by such beneficiary in case of any drawing thereunder; , (FG) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; (G) the purpose and the nature of the requested Letter of Credit; , and (H) such other matters as Lender such L/C Issuer may reasonably require. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Letter of Credit Application shall specify specify, in form and detail satisfactory to Lender the applicable L/C Issuer, (w1) the Letter of Credit to be amended; , (x2) the proposed date of amendment thereof (which shall be a Business Day); , (y3) the nature of the proposed amendment; amendment and (z4) such other matters as Lender such L/C Issuer may reasonably require. Additionally, Borrower the Company shall furnish to Lender the applicable L/C Issuer and the Administrative Agent such other documents and information pertaining to such requested issuance or amendment of a Letter of Credit issuance or amendmentCredit, including any Issuer Documents, as Lender such L/C Issuer or the Administrative Agent may reasonably require.

Appears in 2 contracts

Samples: Credit Agreement (Pulse Electronics Corp), Credit Agreement (Technitrol Inc)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Lead Borrower delivered to Lender the L/C Issuer (with a copy to the Lender) in the form of a L/C Letter of Credit Application, appropriately completed and signed by a Responsible Officer of the Lead Borrower. Such L/C Letter of Credit Application must be received by the L/C Issuer and the Lender not later than 12:00 p.m. 11:00 a.m. at least two (2) Business Days (or such other later date and time as the Lender and the L/C Issuer may agree in a particular instance in its their sole discretion) prior to the proposed issuance date or date of amendment, as the case may be. In the case of a request for an initial issuance of a Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to Lenderthe Lender and the L/C Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (B) the amount thereof; (C) the expiry date thereof; (D) the name and address of the beneficiary thereof; (E) the documents to be presented by such beneficiary in case of any drawing thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; and (G) the purpose and the nature of the requested Letter of Credit; and (H) such other matters as the Lender or L/C Issuer may require. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to the Lender and the L/C Issuer (wA) the Letter of Credit to be amended; (xB) the proposed date of amendment thereof (which shall be a Business Day); (yC) the nature of the proposed amendment; and (zD) such other matters as the Lender or the L/C Issuer may require. Additionally, the Lead Borrower shall furnish to the L/C Issuer and the Lender such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including and any Issuer DocumentsDocuments (including, if requested by the L/C Issuer, a Standby Letter of Credit Agreement or Commercial Letter of Credit Agreement, as applicable), as the L/C Issuer or the Lender may require.

Appears in 2 contracts

Samples: Credit Agreement (Christopher & Banks Corp), Credit Agreement (Christopher & Banks Corp)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower delivered to Lender an L/C Issuer (with a copy to the Administrative Agent) in the form of a L/C ApplicationLetter of Credit Issuance Request, appropriately completed and signed by a Responsible Officer of Borrowerthe Borrower or his/her delegate or designee. Such L/C Application Letter of Credit Issuance Request must be received by Lender the relevant L/C Issuer and the Administrative Agent not later than 12:00 2:00 p.m. (New York City time) at least two (2) Business Days (or such later date and time as Lender may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as the case may be; or, in each case, such other date and time as the relevant L/C Issuer may agree in a particular instance in its sole discretion. In the case of a request for an initial issuance of a Letter of Credit, such L/C Application Letter of Credit Issuance Request shall specify in form and detail reasonably satisfactory to Lenderthe relevant L/C Issuer: (Aa) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (Bb) the amount thereof; (Cc) the expiry date thereof; (Dd) the name and address of the beneficiary thereof; (Ee) the documents to be presented by such beneficiary in case of any drawing thereunder; (Ff) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; (G) the purpose and the nature of the requested Letter of Credit; and (Hg) such other matters as Lender the relevant L/C Issuer may requirereasonably request. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Application Letter of Credit Issuance Request shall specify in form and detail reasonably satisfactory to Lender the relevant L/C Issuer (w1) the Letter of Credit to be amended; (x2) the proposed date of amendment thereof (which shall be a Business Day); (y3) the nature of the proposed amendment; and (z4) such other matters as Lender the relevant L/C Issuer may require. Additionally, Borrower shall furnish to Lender such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as Lender may requirereasonably request.

Appears in 2 contracts

Samples: Credit Agreement (La Quinta Holdings Inc.), Credit Agreement (La Quinta Holdings Inc.)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of a Borrower delivered (in writing or by e-mail, facsimile or other electronic means) to Lender the applicable Issuing Bank (with a copy to the Administrative Agent) in the form of a L/C ApplicationLetter of Credit Application or amendment request, appropriately completed and signed by a Responsible Officer of the applicable Borrower. Such L/C Letter of Credit Application must be received by Lender the applicable Issuing Bank and the Administrative Agent not later than 12:00 p.m. 1:00 p.m., New York City time, at least two (2) three Business Days (or such later date and time as Lender the applicable Issuing Bank may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as the case may be. In the case of a request for an initial issuance of a Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to Lenderthe applicable Issuing Bank: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (B) the amount thereof; (C) the expiry date thereof; (D) the currency thereof; (E) the name and address of the beneficiary thereof; (EF) the documents to be presented by such beneficiary in case of any drawing thereunder; (FG) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; (G) the purpose and the nature of the requested Letter of Credit; and (H) such other matters as Lender the applicable Issuing Bank may require. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Application Letter of Credit amendment request shall specify in form and detail satisfactory to Lender the applicable Issuing Bank: (wA) the Letter of Credit to be amended; (xB) the proposed date of amendment thereof (which shall be a Business Day); (yC) the nature of the proposed amendment; and (zD) such other matters as Lender the applicable Issuing Bank may require. Additionally, the applicable Borrower shall furnish to Lender the applicable Issuing Bank and the Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as Lender the applicable Issuing Bank or the Administrative Agent may reasonably require.

Appears in 2 contracts

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

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower delivered to Lender an Issuing Bank (with a copy to the Administrative Agent) in the form of a L/C Letter of Credit Application, appropriately completed and signed by a Responsible an Authorized Officer of the Borrower. Such L/C Letter of Credit Application must be received by Lender the relevant Issuing Bank and the Administrative Agent not later than 12:00 p.m. noon New York City time at least two three (23) Business Days (or such later date and time as Lender may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as the case may be; or, in each case, such later date and time as the relevant Issuing Bank may agree in a particular instance in its sole discretion. In the case of a request for an initial issuance of a Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail reasonably satisfactory to Lenderthe relevant Issuing Bank: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (B) the amount thereof; (C) the expiry date thereof; (D) the name and address of the beneficiary thereof; (E) the documents to be presented by such beneficiary in case of any drawing thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; and (G) the purpose and the nature of the requested Letter of Credit; and (H) such other matters as Lender the relevant Issuing Bank may requirereasonably request. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail reasonably satisfactory to Lender the relevant Issuing Bank (w1) the Letter of Credit to be amended; (x2) the proposed date of amendment thereof (which shall be a Business Day); (y3) the nature of the proposed amendment; and (z4) such other matters as Lender the relevant Issuing Bank may require. Additionally, Borrower shall furnish to Lender such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as Lender may requirereasonably request.

Appears in 2 contracts

Samples: Credit Agreement (TransMontaigne Partners LLC), Credit Agreement (TransMontaigne Partners LLC)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of Borrower the Company delivered to the Lender in the form of a L/C Letter of Credit Application, appropriately completed and signed by a Responsible Officer of Borrowerthe Company. Such L/C Letter of Credit Application must be received by the Lender not later than 12:00 p.m. 11:00 a.m. at least two three (23) Business Days (or such later date and time as the Lender may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as the case may be. In the case of a request for an initial issuance of a Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to the Lender: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (B) the amount thereof; (C) the amount, currency and expiry date thereof; (DC) the name and address of the beneficiary thereof; (ED) the documents to be presented by such beneficiary in case of any drawing thereunder; (FE) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; (GF) the purpose and the nature of the requested Letter of Credit; and (HG) such other matters as the Lender may require. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to the Lender (wA) the Letter of Credit to be amended; (xB) the proposed date of amendment thereof (which shall be a Business Day); (yC) the nature of the proposed amendment; and (zD) such other matters as the Lender may require. Additionally, Borrower the Company shall furnish to the Lender such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as the Lender may require.

Appears in 2 contracts

Samples: Credit Agreement (Wd 40 Co), Credit Agreement (Wd 40 Co)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (ia) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of Borrower Ryder and/or its domestic Subsidiary delivered to Lender the Issuing Bank (with a copy to the Administrative Agent) in the form of a L/C Letter of Credit Application, appropriately completed and signed by a Responsible Officer duly authorized officer of BorrowerRyder and/or its domestic Subsidiary. Such L/C Letter of Credit Application must be received by Lender the Issuing Bank and the Administrative Agent not later than 12:00 p.m. 11:00 a.m. (local time for each of the Issuing Bank and the Administrative Agent) at least two (2) Business Days (or such later date and time as Lender the Administrative Agent and the Issuing Bank may agree in a particular instance in its their sole discretion) prior to the proposed issuance date or date of amendment, as the case may be. In the case of a request for an initial issuance of a Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail reasonably satisfactory to Lenderthe Issuing Bank: (Ai) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (Bii) the amount thereof; (Ciii) the expiry date thereof; (Div) the name and address of the beneficiary thereof; (Ev) the documents to be presented by such beneficiary in case of any drawing thereunder; (Fvi) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; (G) the purpose and the nature of the requested Letter of Credit; and (Hvii) such other matters as Lender the Issuing Bank may require. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to Lender the Issuing Bank (wi) the Letter of Credit to be amended; (xii) the proposed date of amendment thereof (which shall be a Business Day); (yiii) the nature of the proposed amendment; and (ziv) such other matters as Lender the Issuing Bank may reasonably require. Additionally, Borrower Ryder shall furnish to Lender the Issuing Bank and the Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as Lender the Issuing Bank or the Administrative Agent may reasonably require.

Appears in 2 contracts

Samples: Global Revolving Credit Agreement (Ryder System Inc), Global Revolving Credit Agreement (Ryder System Inc)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower delivered to Lender the applicable L/C Issuer (with a copy to the Administrative Agent and the Revolving Credit Lenders) in the form of a L/C Letter of Credit Application, appropriately completed and signed by a Responsible Officer of the Borrower. Such L/C Letter of Credit Application must be received by Lender the applicable L/C Issuer and the Administrative Agent not later than 12:00 p.m. at least two (2) Business Days (or such later date and time as Lender the Administrative Agent and such L/C Issuer may agree in a particular instance in its their sole discretion) prior to the proposed issuance date or date of amendment, as the case may be. In the case of a request for an initial issuance of a Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to Lenderthe applicable L/C Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (B) the amount and currency thereof; (C) the expiry date thereof; (D) the name and address of the beneficiary thereof; (E) the documents to be presented by such beneficiary in case of any drawing thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; (G) the purpose and the nature of the requested Letter of Credit; and (H) such other matters as Lender such L/C Issuer may reasonably require. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to Lender the applicable L/C Issuer (wA) the Letter of Credit to be amended; (xB) the proposed date of amendment thereof (which shall be a Business Day); (yC) the nature of the proposed amendment; and (zD) such other matters as Lender such L/C Issuer may reasonably require. Additionally, the Borrower shall furnish to Lender the applicable L/C Issuer and the Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as Lender the applicable L/C Issuer or the Administrative Agent may reasonably require.

Appears in 2 contracts

Samples: Credit Agreement (Vista Outdoor Inc.), Credit Agreement (Vista Outdoor Inc.)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower delivered to Lender the applicable L/C Issuer (with a copy to the Administrative Agent) in the form of a L/C Letter of Credit Application, appropriately completed and signed by a Responsible Officer of the Borrower. Such L/C Letter of Credit Application must be received by Lender the applicable L/C Issuer and the Administrative Agent not later than 12:00 p.m. 11:00 a.m. at least two (2) Business Days or, in the case of Letters of Credit denominated in an Alternative Currency, three Business Days (or such later date and time as Lender the Administrative Agent and the applicable L/C Issuer may agree in a particular instance in its their sole discretion) prior to the proposed issuance date or date of amendment, as the case may be. In the case of a request for an initial issuance of a Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail reasonably satisfactory to Lenderthe applicable L/C Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (B) the amount thereofand requested currency thereof and in the absence of specification of currency shall be deemed a request for a Letter of Credit denominated in Dollars; (C) the expiry date thereof; (D) the name and address of the beneficiary thereof; (E) the documents to be presented by such beneficiary in case of any drawing thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; and (G) the purpose and the nature of the requested Letter of Credit; and (H) such other matters as Lender the applicable L/C Issuer may reasonably require. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail reasonably satisfactory to Lender the applicable L/C Issuer (wA) the Letter of Credit to be amended; (xB) the proposed date of amendment thereof (which shall be a Business Day); (yC) the nature of the proposed amendment; and (zD) such other matters as Lender the applicable L/C Issuer may reasonably require. Additionally, the Borrower shall furnish to Lender the applicable L/C Issuer and the Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as Lender the applicable L/C Issuer or the Administrative Agent may reasonably require.

Appears in 2 contracts

Samples: Credit Agreement (L 3 Communications Holdings Inc), Credit Agreement (L 3 Communications Corp)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of Parent Borrower delivered to Lender Issuing Bank (with a copy to Administrative Agent) in the form of a L/C Letter of Credit Application, appropriately completed and signed by a Responsible an Authorized Officer of Parent Borrower. Such L/C Letter of Credit Application must be received by Lender Issuing Bank and Administrative Agent not later than 12:00 p.m. 11:00 a.m. (New York City time) at least two (2) Business Days (or such later date and time as Lender Issuing Bank may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as the case may be. In the case of a request for an initial issuance of a Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail reasonably satisfactory to LenderIssuing Bank: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (B) the amount thereof; (C) the expiry date thereof; (D) the name and address of the beneficiary thereof; (E) the documents to be presented by such beneficiary in case of any drawing thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; (G) the currency in which the requested Letter of Credit will be denominated; (H) the purpose and the nature of the requested Letter of Credit; and (HI) such other matters as Lender Issuing Bank may reasonably require and (J) such other matters as Issuing Bank may reasonably require. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail reasonably satisfactory to Lender Issuing Bank (w1) the Letter of Credit to be amended; (x2) the proposed date of amendment thereof (which shall be a Business Day); (y3) the nature of the proposed amendment; and (z4) such other matters as Lender Issuing Bank may reasonably require. Additionally, Parent Borrower shall furnish to Lender Issuing Bank and Administrative Agent such other documents and information Issuer Documents pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as Lender Issuing Bank or Administrative Agent may reasonably require.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (IMS Health Holdings, Inc.), Credit and Guaranty Agreement (IMS Health Holdings, Inc.)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each To request the issuance of a Letter of Credit or the amendment or extension of an outstanding Letter of Credit, the Borrower Representative shall be issued deliver (or amendedrequest via telephone, as with confirmation to follow promptly in writing by facsimile) by hand, or telecopier (or transmit by electronic communication, if arrangements for doing so have been approved by the case may beapplicable Issuing Bank), upon the request of Borrower delivered to Lender in the form of a an L/C Application, appropriately completed Request to the applicable Issuing Bank and signed by a Responsible Officer of Borrower. Such L/C Application must be received by Lender Administrative Agent not later than 12:00 p.m. at least two (2) 11:00 a.m. on the third Business Days Day preceding the requested date of issuance, amendment or extension (or such later date and time as Lender may agree in a particular instance in its sole discretion) prior is acceptable to the proposed issuance date or date applicable NAI-1537228099v3 Issuing Bank) appropriately completed and signed by an Authorized Officer of amendment, as the case may beBorrower Representative. In the case of a request for an initial issuance of a Letter of Credit, such L/C Application Request shall specify in form and detail satisfactory to Lenderspecify: (Aa) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (Bb) the amount thereofof such Letter of Credit (which shall not be less than $50,000 unless otherwise agreed to by the applicable Issuing Bank in its sole discretion); (Cc) the expiry expiration date thereofof such Letter of Credit; (Dd) the name and address of the beneficiary thereofof such Letter of Credit; (Ee) the documents to be presented by such beneficiary in case of any drawing thereunder; (Ff) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; (G) the purpose and the nature of the requested Letter of Credit; and (Hg) such other matters as Lender the relevant Issuing Bank may requirereasonably request and shall be accompanied by a Letter of Credit Application. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Application Request shall specify in form and detail reasonably satisfactory to Lender the relevant Issuing Bank (w1) the Letter of Credit to be amended; (x2) the proposed date of amendment thereof (which shall be a Business Day); (y3) the nature of the proposed amendment; and (z4) such other matters as Lender the relevant Issuing Bank may require. Additionally, Borrower reasonably request and shall furnish to Lender such other documents and information pertaining to such requested be accompanied by a Letter of Credit issuance or amendment, including any Issuer Documents, as Lender may requireApplication.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Priority Technology Holdings, Inc.)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower delivered to Lender an L/C Issuer (with a copy to the Administrative Agent) in the form of a L/C ApplicationLetter of Credit Issuance Request, appropriately completed and signed by a Responsible Officer of Borrowerthe Borrower or his/her delegate or designee. Such L/C Application Letter of Credit Issuance Request must be received by Lender the relevant L/C Issuer and the Administrative Agent not later than 12:00 2:00 p.m. (New York City time) at least two (2) Business Days (or such later date and time as Lender may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as the case may be; or, in each case, such other date and time as the relevant L/C Issuer may agree in a particular instance in its sole discretion. In the case of a request for an initial issuance of a Letter of Credit, such L/C Application Letter of Credit Issuance Request shall specify in form and detail reasonably satisfactory to Lenderthe relevant L/C Issuer: (Aa) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (Bb) the amount thereof; (Cc) the relevant Approved Currency in which such Letter of Credit is to be denominated; (d) the expiry date thereof; (De) the name and address of the beneficiary thereof; (Ef) the documents to be presented by such beneficiary in case of any drawing thereunder; (Fg) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; (G) the purpose and the nature of the requested Letter of Credit; and (Hh) such other matters as Lender the relevant L/C Issuer may requirereasonably request. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Application Letter of Credit Issuance Request shall specify in form and detail reasonably satisfactory to Lender the relevant L/C Issuer (w1) the Letter of Credit to be amended; (x2) the proposed date of amendment thereof (which shall be a Business Day); (y3) the nature of the proposed amendment; and (z4) such other matters as Lender the relevant L/C Issuer may require. Additionally, Borrower shall furnish to Lender such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as Lender may requirereasonably request.

Appears in 1 contract

Samples: First Lien Credit Agreement (Sterling Check Corp.)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each Letter of Credit (other than any Existing Letter of Credit) shall be issued or amended, as the case may be, upon the request of the Borrower delivered to Lender the applicable L/C Issuer (with a copy to the Facilities Administrative Agent) in the form of a L/C Letter of Credit Application, appropriately completed and signed by a Responsible Officer of the Borrower. Such L/C Letter of Credit Application must be received by Lender such L/C Issuer and the Facilities Administrative Agent not later than 12:00 p.m. 11:00 a.m., New York City time, at least two (2) Business Days (or such later date and time as Lender the Facilities Administrative Agent and such L/C Issuer may agree in a particular instance in its their sole discretion) prior to the proposed issuance date or date of amendment, as the case may be. In the case of a request for an initial issuance of a Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail reasonably satisfactory to Lenderthe applicable L/C Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (B) the amount thereof; (C) the expiry date thereof; (D) the name and address of the beneficiary thereof; (E) the documents to be presented by such beneficiary in case of any drawing thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; and (G) the purpose and the nature of the requested Letter of Credit; and (H) such other matters as Lender the applicable L/C Issuer may reasonably require. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail reasonably satisfactory to Lender the applicable L/C Issuer (w1) the Letter of Credit to be amended; (x2) the proposed date of amendment thereof (which shall be a Business Day); (y3) the nature of the proposed amendment; and (z4) such other matters as Lender the applicable L/C Issuer may reasonably require. Additionally, the Borrower shall furnish to Lender the applicable L/C Issuer and the Facilities Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as Lender the applicable L/C Issuer or the Facilities Administrative Agent may reasonably require.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Foresight Energy LP)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower or both Borrower delivered to Lender an L/C Issuer (with a copy to the Administrative Agent) in the form of a L/C Letter of Credit Application, appropriately completed and signed by a Responsible Officer managing director A (directeur A) and a managing director B (directeur B) jointly or two managing directors B jointly of the Borrower. Such L/C Letter of Credit Application must be received by Lender the relevant L/C Issuer and the Administrative Agent not later than 12:00 p.m. 12:30 p.m., at least two (2) three Business Days (or such later date and time as Lender may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as the case may be; or, in each case, such later date and time as the relevant L/C Issuer may agree in a particular instance in its sole discretion. In the case of a request for an initial issuance of a Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail reasonably satisfactory to Lenderthe relevant L/C Issuer: (Aa) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (Bb) the amount thereof; (Cc) the expiry date thereof; (Dd) the name and address of the beneficiary thereof; (Ee) the documents to be presented by such beneficiary in case of any drawing thereunder; (Ff) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; (G) the purpose and the nature of the requested Letter of Credit; , and (Hg) such other matters as Lender the relevant L/C Issuer may requirereasonably request. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail reasonably satisfactory to Lender the relevant L/C Issuer (w1) the Letter of Credit to be amended; (x2) the proposed date of amendment thereof (which shall be a Business Day); (y3) the nature of the proposed amendment; and (z4) such other matters as Lender the relevant L/C Issuer may require. Additionally, Borrower shall furnish to Lender such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as Lender may requirereasonably request.

Appears in 1 contract

Samples: Credit Agreement (Playa Hotels & Resorts N.V.)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of Borrower delivered to Lender the L/C Issuer (with a copy to the Lender) in the form of a L/C Application, appropriately completed and signed by a Responsible Officer of Borrower. Such L/C Application must be received by the L/C Issuer and the Lender not later than 12:00 p.m. 11:00 a.m. at least two (2) Business Days (or such later date and time as the Lender and the L/C Issuer may agree in a particular instance in its their sole discretion) prior to the proposed issuance date or date of amendment, as the case may be. In the case of a request for an initial issuance of a Letter of Credit, such L/C Application shall specify in form and detail satisfactory to Lenderthe L/C Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (B) the amount thereof; (C) the expiry date thereof; (D) the name and address of the beneficiary thereof; (E) the documents to be presented by such beneficiary in case of any drawing thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; and (G) the purpose and the nature of the requested Letter of Credit; and (H) such other matters as Lender the L/C Issuer may require. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Application shall specify in form and detail satisfactory to Lender the L/C Issuer (wA) the Letter of Credit to be amended; (xB) the proposed date of amendment thereof (which shall be a Business Day); (yC) the nature of the proposed amendment; and (zD) such other matters as Lender the L/C Issuer may require. Additionally, Borrower shall furnish to the L/C Issuer and the Lender such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as the L/C Issuer or the Lender may require.

Appears in 1 contract

Samples: Credit Agreement (Nic Inc)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (ia) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of Borrower delivered to Lender in the form of a L/C Letter of Credit Application, appropriately completed and signed by a Responsible Officer of Borrower. Such L/C Letter of Credit Application must be received by the Lender not later than 12:00 p.m. 11:00 a.m. at least two three (23) Business Days (or such later date and time as Lender may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as the case may be. In the case of a request for an initial issuance of a Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail reasonably satisfactory to the Lender: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (B) the amount thereof; (C) the expiry date thereof; (D) the name and address of the beneficiary thereof; (E) the documents to be presented by such beneficiary in case of any drawing thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; (G) the purpose and the nature of the requested Letter of Credit; and (H) such other matters as the Lender may reasonably require. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail reasonably satisfactory to the Lender (wW) the Letter of Credit to be amended; (xX) the proposed date of amendment thereof (which shall be a Business Day); (yY) the nature of the proposed amendment; and (zZ) such other matters as the Lender may reasonably require. Additionally, Borrower shall furnish to the Lender such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as the Lender may reasonably require, which shall include all applicable documentation as would be required to be delivered in connection with a Borrowing of a Loan in the same amount as the requested Letter of Credit.

Appears in 1 contract

Samples: Loan Agreement (GTJ REIT, Inc.)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of a Co-Borrower delivered to Lender the L/C Issuer (with a copy to the Administrative Agent) in the form of a L/C Letter of Credit Application, appropriately completed and signed by a Responsible Officer of such Co-Borrower. Such L/C Letter of Credit Application must be received by Lender the L/C Issuer and the Administrative Agent not later than 12:00 p.m. noon at least two (2) Business Days (or such later date and time as Lender the L/C Issuer may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as the case may be. In the case of a request for an initial issuance of a Letter of Credit, such Letter of Credit Application shall (unless otherwise agreed with the L/C Application shall Issuer) specify in form and detail reasonably satisfactory to Lenderthe L/C Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (B) the amount and currency thereof; (C) the expiry date thereof; (D) the name and address of the beneficiary thereof; (E) the documents to be presented by such beneficiary in case of any drawing thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; (G) the purpose and the nature of the requested Letter of Credit; and (H) such other matters as Lender the L/C Issuer may reasonably require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit Application shall (unless otherwise agreed with the L/C Application shall Issuer) specify in form and detail satisfactory to Lender the L/C Issuer (w1) the Letter of Credit to be amended; (x2) the proposed date of amendment thereof (which shall be a Business Day); (y3) the nature of the proposed amendment; and (z4) such other matters as Lender the L/C Issuer may reasonably require. Additionally, the applicable Co-Borrower shall furnish to Lender the L/C Issuer such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as Lender the L/C Issuer may reasonably require.

Appears in 1 contract

Samples: Credit Agreement (Kinetic Concepts Inc)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower delivered to Lender the L/C Issuer (with a copy to the Administrative Agent) in the form of a L/C Letter of Credit Application, appropriately completed and signed by a Responsible Officer of the Borrower. Such L/C Letter of Credit Application must be received by Lender the L/C Issuer and the Administrative Agent not later than 12:00 1:00 p.m. at least two (2) Business Days (or such later date and time as Lender the Administrative Agent and the L/C Issuer may agree in a particular instance in its sole their reasonable discretion) prior to the proposed issuance date or date of amendment, as the case may be. In the case of a request for an initial issuance of a Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail reasonably satisfactory to Lenderthe L/C Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (B) the amount thereofand requested currency thereof and in the absence of specification of currency shall be deemed a request for a Letter of Credit denominated in Dollars; (C) the expiry date thereof; (D) the name and address of the beneficiary thereof; (E) the documents to be presented by such beneficiary in case of any drawing thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; and (G) the purpose and the nature of the requested Letter of Credit; and (H) such other matters as Lender the L/C Issuer may reasonably require. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail reasonably satisfactory to Lender the L/C Issuer (wA) the Letter of Credit to be amended; (xB) the proposed date of amendment thereof (which shall be a Business Day); (yC) the nature of the proposed amendment; and (zD) such other matters as Lender the L/C Issuer may reasonably require. Additionally, the Borrower shall furnish to Lender the L/C Issuer and the Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as Lender the L/C Issuer or the Administrative Agent may reasonably require.

Appears in 1 contract

Samples: Credit Agreement (Dade Behring Holdings Inc)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower Agent delivered to the Lender in the form of a L/C Letter of Credit Application, appropriately completed and signed by a Responsible Officer of the Borrower Agent and, if applicable, of the applicable Borrower. Such L/C Letter of Credit Application must be received by the Lender not later than 12:00 p.m. 11:00 a.m. at least two (2) Business Days (or such later date and time as the Lender may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as the case may be. In the case of a request for an initial issuance of a Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to the Lender: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (B) the amount thereof; (C) the expiry date thereof; (D) the name and address of the beneficiary thereof; (E) the documents to be presented by such beneficiary in case of any drawing or presentation thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing or presentation thereunder; (G) the purpose and the nature of the requested Letter of Credit; and (HG) such other matters as the Lender may reasonably require. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to the Lender (wA) the Letter of Credit to be amended; (xB) the proposed date of amendment thereof (which shall be a Business Day); (yC) the nature of the proposed amendment; and (zD) such other matters as the Lender may reasonably require. Additionally, the Borrower Agent shall furnish to the Lender such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as the Lender may require.

Appears in 1 contract

Samples: Credit and Security Agreement (Katy Industries Inc)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each Letter of Credit shall be issued Issued or amended, as the case may be, upon the request of Borrower the Company delivered to Lender the Issuing Bank (with a copy to the Administrative Agent) in the form of a L/C Application, appropriately completed and 36 signed by a Responsible Officer of Borrowerthe Company. Such L/C Application must be received by Lender the Issuing Bank and the Administrative Agent (A) not later than 12:00 p.m. 10:00 a.m. at least two (2) Business Days (or such later date and time as Lender may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as the case may be, of any Letter of Credit denominated in US Dollars, and (B) not later than 10:00 a.m. at least ten Business Days prior to the proposed issuance date or date of amendment, as the case may be, of any Letter of Credit denominated in an Available Foreign Currency; or in each case such later date and time as the Administrative Agent and the Issuing Bank may agree in a particular instance in their sole discretion. In the case of a request for an initial issuance Issuance of a Letter of Credit, such L/C Application shall specify in form and detail satisfactory to Lenderthe Issuing Bank: (A) the proposed issuance Issuance date of the requested Letter of Credit (which shall be a Business Day); (B) the amount and currency thereof; (C) the expiry date thereof; (D) the name and address of the beneficiary thereof; (E) the documents to be presented by such beneficiary in case of any drawing thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; and (G) the purpose and the nature of the requested Letter of Credit; and (H) such other matters as Lender the Issuing Bank may require. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Application shall specify in form and detail satisfactory to Lender the Issuing Bank (wA) the Letter of Credit to be amended; (xB) the proposed date of amendment thereof (which shall be a Business Day); (yC) the nature of the proposed amendment; and (zD) such other matters as Lender the Issuing Bank may require. Additionally, Borrower the Company shall furnish to Lender the Issuing Bank and the Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer L/C-Related Documents, as Lender the Issuing Bank or the Administrative Agent may require.

Appears in 1 contract

Samples: Credit Agreement (Pentair Inc)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of Borrower the Borrowers delivered to Lender the Agent in the form of a L/C Letter of Credit application in form and substance satisfactory to the Issuing Bank in its Permitted Discretion (the “Letter of Credit Application”), appropriately completed and signed by a Responsible Officer an Authorized Person. Any Letter of BorrowerCredit Application or other document delivered hereunder that is signed by an Authorized Person shall be conclusively presumed to have been authorized by all necessary corporate, partnership and/or other action and such Authorized Person shall be conclusively presumed to have acted on behalf of the Borrowers. Such L/C Letter of Credit Application must be received by Lender the Agent not later than 12:00 p.m. 11:00 a.m., California time, at least two (2) Business Days (or such later other date and time as Lender the Agent may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as the case may be. In the case of a request for an initial issuance of a Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to Lenderthe Agent and Issuing Bank in their Permitted Discretion: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (B) the amount thereof; (C) the expiry date thereof; (D) the name and address of the beneficiary thereof; (E) the documents to be presented by such beneficiary in case of any drawing thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; and (G) the purpose and the nature of the requested Letter of Credit; and (H) such other matters as Lender the Agent or Issuing Bank may reasonably require. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to Lender the Agent and Issuing Bank in their Permitted Discretion: (wA) the Letter of Credit to be amended; (xB) the proposed date of amendment thereof (which shall be a Business Day); (yC) the nature of the proposed amendment; and (zD) such other matters as Lender the Agent and Issuing Bank may requirerequire in their Permitted Discretion. Additionally, Borrower the Borrowers shall furnish to Lender the Issuing Bank and the Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as Lender the Issuing Bank or the Agent may reasonably require.

Appears in 1 contract

Samples: Loan and Security Agreement (Leslies Poolmart Inc)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of Borrower the U.S. Borrower, with respect to a U.S. Letter of Credit, or the Hong Kong Borrower, with respect to a Hong Kong Letter of Credit, delivered to Lender the L/C Issuer (with a copy to the Administrative Agent) in the form of a L/C Letter of Credit Application, appropriately completed and signed by a Responsible Officer of the applicable Borrower. Such L/C Letter of Credit Application must be received by Lender the L/C Issuer and the Administrative Agent not later than 12:00 p.m. 11:00 a.m. at least two (2) Business Days (or such later date and time as Lender the Administrative Agent and the L/C Issuer may agree in a particular instance in its their sole discretion) prior to the proposed issuance date or date of amendment, as the case may be. In the case of a request for an initial issuance of a Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to Lenderthe L/C Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (B) the amount thereof; (C) the expiry date thereof; (D) the name and address of the beneficiary thereof; (E) the documents to be presented by such beneficiary in case of any drawing thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; (G) the purpose and the nature of the requested Letter of Credit; (H) the Revolving Credit Facility under which such Letter of Credit is to be issued; and (HI) such other matters as Lender the L/C Issuer may require. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to Lender the L/C Issuer (w1) the Letter of Credit to be amended; (x2) the proposed date of amendment thereof (which shall be a Business Day); (y3) the nature of the proposed amendment; and (z4) such other matters as Lender the L/C Issuer may require. Additionally, the applicable Borrower shall furnish to Lender the L/C Issuer and the Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as Lender the L/C Issuer or the Administrative Agent may require.

Appears in 1 contract

Samples: Credit Agreement (GT Advanced Technologies Inc.)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of Borrower Company, on behalf of the applicable Borrower, delivered to Lender the L/C Issuer (with a copy to the Administrative Agent) in the form of a L/C Letter of Credit Application, appropriately completed and signed by a Responsible Officer of Borrowerthe Company. Such L/C Letter of Credit Application must be received by Lender the L/C Issuer and the Administrative Agent not later than 12:00 p.m. 11:00 a.m. at least two (2) Business Days (or such later date and time as Lender the Administrative Agent and the L/C Issuer may agree in a particular instance in its their sole discretion) prior to the proposed issuance date or date of amendment, as the case may be. In the case of a request for an initial issuance of a Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to Lenderthe L/C Issuer: (A) the name of the applicable Borrower and the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (B) the amount thereof; (C) the expiry date thereof; (D) the name and address of the beneficiary thereof; (E) the documents to be presented by such beneficiary in case of any drawing thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; and (G) the purpose and the nature of the requested Letter of Credit; and (H) such other matters as Lender the L/C Issuer may require. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to Lender the L/C Issuer (wA) the Letter of Credit to be amended; (xB) the proposed date of amendment thereof (which shall be a Business Day); (yC) the nature of the proposed amendment; and (zD) such other matters as Lender the L/C Issuer may require. Additionally, the Company and the applicable Borrower shall furnish to Lender the L/C Issuer and the Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as Lender the L/C Issuer or the Administrative Agent may require.

Appears in 1 contract

Samples: Credit Agreement (Linens N Things Inc)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of a Borrower delivered to Lender the L/C Issuer (with a copy to the Administrative Agent) in the form of a L/C Letter of Credit Application, appropriately completed and signed by a Responsible Officer of such Borrower. Such L/C Letter of Credit Application must be received by Lender the L/C Issuer and the Administrative Agent not later than 12:00 1:00 p.m. at least two (2) Business Days (or such later date and time as Lender the Administrative Agent and the L/C Issuer may agree in a particular instance in its their sole discretion) prior to the proposed issuance date or date of amendment, as the case may be. In the case of a request for an initial issuance of a Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail reasonably satisfactory to Lenderthe L/C Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day)) and the Borrower for whose account the Letter of Credit will be issued; (B) the amount thereof; (C) the expiry date thereof; (D) the name and address of the beneficiary thereof; (E) the documents to be presented by such beneficiary in case of any drawing thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; (G) the purpose and the nature of the requested Letter of Credit; and (H) such other matters as Lender the L/C Issuer may reasonably require. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail reasonably satisfactory to Lender the L/C Issuer (wA) the Letter of Credit to be amended; (xB) the proposed date of amendment thereof (which shall be a Business Day); (yC) the nature of the proposed amendment; and (zD) such other matters as Lender the L/C Issuer may reasonably require. Additionally, the Borrower requesting such Letter of Credit or amendment shall furnish to Lender the L/C Issuer and the Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as Lender the L/C Issuer or the Administrative Agent may reasonably require.

Appears in 1 contract

Samples: Credit Agreement (Western Digital Corp)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) 2.3.1.1. Each Letter of Credit shall be issued or amended, as the case may be, upon the request of Borrower the Company delivered to the Issuing Lender (with a copy to the Administrative Agent) in the form of a L/C Letter of Credit Application, appropriately completed and signed by a Responsible Officer an authorized officer of Borrowerthe Company. Such L/C Letter of Credit Application must be received by the Issuing Lender and the Administrative Agent not later than 12:00 p.m. 11:00 A.M. St. Louis, Missouri time at least two (2) Business Days (or such later date and time as the Administrative Agent and the Issuing Lender may agree in a particular instance in its their sole discretion) prior to the proposed issuance date or date of amendment, as the case may be. In the case of a request for an initial issuance of a Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to the Issuing Lender: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (B) the amount thereof; (C) the expiry date thereof; (D) the name and address of the beneficiary thereof; (E) the documents to be presented by such beneficiary in case of any drawing thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; (G) the purpose and the nature of the requested Letter of Credit; and (H) such other matters as the Issuing Lender may reasonably require. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to the Issuing Lender (wA) the Letter of Credit to be amended; (xB) the proposed date of amendment thereof (which shall be a Business Day); (yC) the nature of the proposed amendment; and (zD) such other matters as the Issuing Lender may reasonably require. Additionally, Borrower the Company shall furnish to the Issuing Lender and the Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as the Issuing Lender or the Administrative Agent may reasonably require.

Appears in 1 contract

Samples: Credit Agreement (Cpi Corp)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of Borrower delivered to Lender the L/C Issuer (with a copy to Agent) in the form of a L/C Application, appropriately completed and signed by a Responsible Officer of Borrower. Such L/C Application must be received by Lender the L/C Issuer and Agent not later than 12:00 p.m. noon at least two (2) Business Days (or such later date and time as Lender Agent and the L/C Issuer may agree in a particular instance in its their sole discretion) prior to the proposed issuance date or date of amendment, as the case may be. In the case of a request for an initial issuance of a Letter of Credit, such L/C Application shall specify in form and detail reasonably satisfactory to Lenderthe L/C Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (B) the amount thereof; (C) the expiry date thereof; (D) the name and address of the beneficiary thereof; (E) the documents to be presented by such beneficiary in case of any drawing thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; and (G) the purpose and the nature of the requested Letter of Credit; and (H) such other matters as Lender the L/C Issuer may reasonably require. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Application shall specify in form and detail reasonably satisfactory to Lender the L/C Issuer (wW) the Letter of Credit to be amended; (xX) the proposed date of amendment thereof (which shall be a Business Day); (yY) the nature of the proposed amendment; and (zZ) such other matters as Lender the L/C Issuer may require. Additionally, Borrower shall furnish to Lender the L/C Issuer and Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as the L/C Issuer or Agent may reasonably require. Promptly after receipt of any L/C Application at the address set forth in Section 10.02 for receiving L/C Applications and related correspondence, the L/C Issuer will confirm with Agent (by telephone or in writing) that Agent has received a copy of such L/C Application from Borrower and, if not, the L/C Issuer will provide Agent with a copy thereof. Unless the L/C Issuer has received written notice from any Lender, Agent or any Loan Party, at least one Business Day prior to the requested date of issuance or amendment of the applicable Letter of Credit, that one or more applicable conditions in Article IV shall not then be satisfied, then, subject to the terms and conditions hereof, the L/C Issuer shall, on the requested date, issue a Letter of Credit for the account of Borrower (or the applicable Subsidiary) or enter into the applicable amendment, as the case may be, in each case in accordance with the L/C Issuer's usual and customary business practices. Immediately upon the issuance of each Letter of Credit, each Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the L/C Issuer a risk participation in such Letter of Credit in an amount equal to the product of such Lender's Applicable Percentage times the amount of such Letter of Credit. Promptly after its delivery of any Letter of Credit or any amendment to a Letter of Credit to an advising bank with respect thereto or to the beneficiary thereof, the L/C Issuer will also deliver to Borrower and Agent a true and complete copy of such Letter of Credit or amendment. If Borrower so requests in any applicable L/C Application, the L/C Issuer may, in its sole and absolute 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 L/C Issuer 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 L/C Issuer, Borrower shall not be required to make a specific request to the L/C Issuer 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 L/C Issuer to permit the extension of such Letter of Credit at any time to an expiry date not later than the L/C Expiration Date; provided, however, that the L/C Issuer shall not permit any such extension if (A) the L/C Issuer has determined that it would not be permitted, or would have no obligation, at such time to issue such Letter of Credit in its revised form (as extended) under the terms hereof (by reason of the provisions of clause (ii) or (iii) of Section 2.03(a) or otherwise), or (B) it has received notice (which may be by telephone or in writing) on or before the day that is five Business Days before the Non-Extension Notice Date (1) from Agent that the Required Lenders have elected not to permit such extension or (2) from Agent, any Lender or Borrower that one or more of the applicable conditions specified in Section 4.02 is not then satisfied, and in each such case directing the L/C Issuer not to permit such extension. If Borrower so requests in any applicable L/C Application, the L/C Issuer may, in its sole and absolute discretion, agree to issue a Letter of Credit that permits the automatic reinstatement of all or a portion of the stated amount thereof after any drawing thereunder (each, an "Auto-Reinstatement Letter of Credit"). Unless otherwise directed by the L/C Issuer, Borrower shall not be required to make a specific request to the L/C Issuer to permit such reinstatement. Once an Auto-Reinstatement Letter of Credit has been issued, except as provided in the following sentence, the Lenders shall be deemed to have authorized (but may not require) the L/C Issuer to reinstate all or a portion of the stated amount thereof in accordance with the provisions of such Letter of Credit. Notwithstanding the foregoing, if such Auto-Reinstatement Letter of Credit permits the L/C Issuer to decline to reinstate all or any portion of the stated amount thereof after a drawing thereunder by giving notice of such non-reinstatement within a specified number of days after such drawing (the "Non-Reinstatement Deadline"), the L/C Issuer shall not permit such reinstatement if it has received a notice (which may be by telephone or in writing) on or before the day that is five Business Days before the Non-Reinstatement Deadline (A) from Agent that the Required Lenders have elected not to permit such reinstatement or (B) from Agent, any Lender or Borrower that one or more of the applicable conditions specified in Section 4.02 is not then satisfied (treating such reinstatement as an L/C Credit Extension for purposes of this clause) and, in each case, directing the L/C Issuer not to permit such reinstatement.

Appears in 1 contract

Samples: Revolving Credit Agreement (Green Mountain Coffee Roasters Inc)

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Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower delivered to Lender the applicable Issuing Bank (with a copy to the Administrative Agent) in the form of a L/C Letter of Credit Application, appropriately completed and signed by a Responsible Officer of the Borrower. Such L/C Letter of Credit Application may be sent by facsimile, by United States mail, by overnight courier, by electronic transmission using the system provided by such Issuing Bank, by personal delivery or by any other means acceptable to such Issuing Bank. Such Letter of Credit Application must be received by Lender such Issuing Bank and the Administrative Agent not later than 12:00 p.m. 11:00 a.m. at least two five (25) Business Days (or such later date and time as Lender the Administrative Agent and such Issuing Bank may agree in a particular instance in its their sole discretion) prior to the proposed issuance date or date of amendment, as the case may be. In the case of a request for an initial issuance of a Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to Lendersuch Issuing Bank: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (B) the amount thereof; (C) the expiry date thereof; (D) the name and address of the beneficiary thereof; (E) the documents to be presented by such beneficiary in case of any drawing thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; (G) the purpose and the nature of the requested Letter of Credit; and (H) such other matters as Lender such Issuing Bank may require. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to Lender such Issuing Bank (wA) the Letter of Credit to be amended; (xB) the proposed date of amendment thereof (which shall be a Business Day); (yC) the nature of the proposed amendment; and (zD) such other matters as Lender such Issuing Bank may require. Additionally, the Borrower shall furnish to Lender such Issuing Bank and the Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance issuance, amendment or amendmentcancellation, including any Issuer Documents, as Lender such Issuing Bank or the Administrative Agent may require.

Appears in 1 contract

Samples: Credit Agreement (PharMerica CORP)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower as the applicant thereof (for the support of its or its Subsidiaries’ obligations) delivered to Lender the applicable Issuing Bank (with a copy to the Agent) in the form of a L/C Application, Letter of Credit Application appropriately completed and signed by a Responsible an Authorized Officer of the Borrower, together with agreed-upon draft language for such Letter of Credit reasonably acceptable to the applicable Issuing Bank. Such L/C Letter of Credit Application must be received by Lender such Issuing Bank and the Agent not later than 12:00 p.m. 11:00 a.m. at least two (2) Business Days (or such later date and time as Lender the Agent and such Issuing Bank may agree in a particular instance in its their sole discretion) prior to the proposed issuance date or date of amendment, as the case may be. In the case of a request for an initial issuance of a Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to Lenderthe applicable Issuing Bank: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (B) the amount thereof; (C) the expiry date thereof; (D) the name and address of the beneficiary thereof; (E) the documents to be presented by such beneficiary in case of any drawing thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; (G) the purpose and the nature of the requested Letter of Credit; (H) the account party to be named on the requested Letter of Credit, which shall be the Borrower or any of its Subsidiaries, and (HI) such other matters as Lender such Issuing Bank may require. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to Lender the applicable Issuing Bank (wA) the Letter of Credit to be amended; (xB) the proposed date of amendment thereof (which shall be a Business Day); (yC) the nature of the proposed amendment; and (zD) such other matters as Lender such Issuing Bank may require. Additionally, the Borrower shall furnish to Lender the applicable Issuing Bank and the Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer L/C Related Documents, as Lender the applicable Issuing Bank or the Agent may require. In the event and to the extent that the provisions of any Letter of Credit Application or other L/C Related Document shall conflict with this Agreement, the provisions of this Agreement shall govern. Without limitation of the immediately preceding sentence, to the extent that any such Letter of Credit Application or other L/C Related Document shall impose any additional conditions on the maintenance of a Letter of Credit, any additional default provisions, collateral requirements or other obligations of the Borrower to any Issuing Bank, other than as stated in this Agreement, such additional conditions, provisions, requirements or other obligations shall not have effect so long as this Agreement shall be in effect, except to the extent as expressly agreed to by the Borrower and such Issuing Bank. The Borrower unconditionally and irrevocably agrees that, in connection with any Letter of Credit issued for the support of any Subsidiary’s obligations as provided in the first sentence of this paragraph, the Borrower will be fully responsible for the reimbursement of all L/C Obligations in accordance with the terms hereof, the payment of interest thereon and the payment of fees due hereunder to the same extent as if it were the sole account party in respect of such Letter of Credit (the Borrower hereby irrevocably waiving any defenses that might otherwise be available to it as a guarantor or surety of the obligations of such a Subsidiary that is an account party in respect of any such Letter of Credit).

Appears in 1 contract

Samples: 364 Day Credit Agreement (Arizona Public Service Co)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower delivered to the applicable Issuing Lender (with a copy to the Administrative Agent) in the form of a L/C Letter of Credit Application, appropriately completed and signed by a Responsible Senior Officer of the Borrower. Such L/C Letter of Credit Application may be sent by facsimile, by United States mail, by overnight courier, by electronic transmission using the system provided by the applicable Issuing Lender, by personal delivery or by any other means acceptable to such Issuing Lender. Such Letter of Credit Application must be received by the applicable Issuing Lender and the Administrative Agent not later than 12:00 p.m. 11:00 a.m. at least two (2) Business Days (or such later date and time as the Administrative Agent and such Issuing Lender may agree in a particular instance in its their sole discretion) prior to the proposed issuance date or date of amendment, as the case may be. In the case of a request for (x) an initial issuance of a Letter of Credit or (y) the amendment of the terms and conditions, extension of the terms and conditions, extension of the expiration date, or reinstatement of amounts paid, or renewal of an outstanding Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to the applicable Issuing Lender: (A) the proposed issuance date of issuance, amendment, extension, reinstatement or renewal of the requested Letter of Credit (which shall be a Business Day); (B) the amount thereof; (C) the expiry date thereof; (D) the name and address of the beneficiary thereof; (E) the documents to be presented by such beneficiary in case of any drawing thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; (G) the purpose and the nature of the requested Letter of Credit; (H) the amount of such Letter of Credit, and (HI) such other matters as such Issuing Lender may require. In If requested by the case Issuing Lender, the Borrower also shall submit a letter of a credit application and reimbursement agreement on the Issuing Lender’s standard form in connection with any request for an amendment of any outstanding a Letter of Credit, such L/C Application shall specify in form and detail satisfactory to Lender (w) the Letter of Credit to be amended; (x) the proposed date of amendment thereof (which shall be a Business Day); (y) the nature of the proposed amendment; and (z) such other matters as Lender may require. Additionally, the Borrower shall furnish to the applicable Issuing Lender and the Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as such Issuing Lender or the Administrative Agent may require.

Appears in 1 contract

Samples: Credit Agreement (Sanmina Corp)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower delivered to Lender the applicable L/C Issuer (with a copy to the Administrative Agent) in the form of a L/C Letter of Credit Application, appropriately completed and signed by a Responsible Officer of the Borrower. Such L/C Letter of Credit Application must be received by Lender such L/C Issuer and the Administrative Agent not later than 12:00 p.m. 11:00 a.m., New York City time, at least two three (23) Business Days (or such later date and time as Lender the Administrative Agent and such L/C Issuer may agree in a particular instance in its their sole discretion) prior to the proposed issuance date or date of amendment, as the case may be. In the case of a request for an initial issuance of a Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail reasonably satisfactory to Lenderthe applicable L/C Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (B) the amount thereof; (C) the expiry date thereof; (D) the name and address of the beneficiary thereof; (E) the documents to be presented by such beneficiary in case of any drawing thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; (G) the purpose and the nature of the requested Letter of Credit; and (H) such other matters as Lender the applicable L/C Issuer may requirereasonably require (and consistent with such requests such L/C Issuer generally makes in respect of other letters of credit in similar circumstances). In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail reasonably satisfactory to Lender the applicable L/C Issuer: (w1) the Letter of Credit to be amended; (x2) the proposed date of amendment thereof (which shall be a Business Day); (y3) the nature of the proposed amendment; and (z4) such other matters as Lender the applicable L/C Issuer may requirereasonably require (and consistent with such requests such L/C Issuer generally makes in respect of other letters of credit in similar circumstances). Additionally, the Borrower shall furnish to Lender the applicable L/C Issuer and the Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as Lender the applicable L/C Issuer or the Administrative Agent may reasonably require. An L/C Issuer’s records of the content of any request related to an Letter of Credit will be conclusive absent manifest error.

Appears in 1 contract

Samples: Credit Agreement (DJO Finance LLC)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of Borrower the Company delivered to the Lender in the form of a L/C Letter of Credit Application, appropriately completed and signed by a Responsible Officer of Borrower. Such the Company and/or such Subsidiary, as required by the L/C Issuer. Such Letter of Credit Application may be sent by fax transmission, by United States mail, by overnight courier, by electronic transmission using the system provided by the Lender, by personal delivery or by any other means acceptable to the Lender. Such Letter of Credit Application must be received by the Lender not later than 12:00 p.m. 11:00 a.m. at least two five (25) Business Days (or such later date and time as the Lender may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as the case may be. In the case of a request for an initial issuance of a Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to the Lender: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (B) the amount thereofand currency thereof and in the absence of specification of currency shall be deemed a request for a Letter of Credit denominated in Dollars; (C) the expiry date thereof; (D) the name and address of the beneficiary thereof; (E) the documents to be presented by such beneficiary in case of any drawing thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; (G) the purpose and the nature of the requested Letter of Credit; and (H) such other matters as the Lender may require. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to the Lender (w1) the Letter of Credit to be amended; (x2) the proposed date of amendment thereof (which shall be a Business Day); (y3) the nature of the proposed amendment; and (z4) such other matters as the Lender may require. Additionally, Borrower the Company shall furnish to the Lender such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as the Lender may require.

Appears in 1 contract

Samples: Credit Agreement (Hurco Companies Inc)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of Borrower the Company delivered to Lender the Applicable L/C Issuer (with a copy to the Revolving Facility Administrative Agent) in the form of a L/C Letter of Credit Application, appropriately completed and signed by a Responsible Officer of Borrowerthe Company. Such L/C Letter of Credit Application must be received by Lender the Applicable L/C Issuer and the Revolving Facility Administrative Agent not later than 12:00 p.m. 11:00 a.m. at least two three (23) Business Days (or such later date and time as Lender the Revolving Facility Administrative Agent and the Applicable L/C Issuer may agree in a particular instance in its their sole discretion) prior to the proposed issuance date or date of amendment, as the case may be. In the case of a request for an initial issuance of a Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail reasonably satisfactory to Lenderthe Applicable L/C Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (B) the amount and currency thereof; (C) the expiry date thereof; (D) the name and address of the beneficiary thereof; (E) the documents to be presented by such beneficiary in case of any drawing thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; (G) the purpose and the nature of the requested Letter of Credit; and (H) such other matters as Lender the Applicable L/C Issuer may reasonably require. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail reasonably satisfactory to Lender the Applicable L/C Issuer (wA) the Letter of Credit to be amended; (xB) the proposed date of amendment thereof (which shall be a Business Day); (yC) the nature of the proposed amendment; and (zD) such other matters as Lender the Applicable L/C Issuer may reasonably require. Additionally, Borrower the Company shall furnish to Lender the Applicable L/C Issuer and the Revolving Facility Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as Lender the Applicable L/C Issuer or the Revolving Facility Administrative Agent may reasonably require.

Appears in 1 contract

Samples: Credit Agreement (SS&C Technologies Holdings Inc)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of Borrower the Company, on behalf of itself or another Borrower, delivered to Lender the L/C Issuer (with a copy to the Administrative Agent) in the form of a L/C Letter of Credit Application, appropriately completed and signed by a Responsible Officer of the Company and, if requested by the L/C Issuer, the applicable Borrower. Such L/C Letter of Credit Application must be received by Lender the L/C Issuer and the Administrative Agent not later than 12:00 p.m. 11:00 a.m. at least two (2) Business Days (or such later date and time nearer the requested time of issuance as Lender the Administrative Agent and the L/C Issuer may agree in a particular instance in its their sole discretion) prior to the proposed issuance date or date of amendment, as the case may be. In the case of a request for an initial issuance of a Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to Lenderthe L/C Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (B) the amount thereof; (C) the expiry date thereof; (D) the name and address of the beneficiary thereof; (E) the documents to be presented by such beneficiary in case of any drawing thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; (G) the purpose and the nature of the requested Borrower for whose account such Letter of CreditCredit is being issued; and (H) such other matters as Lender the L/C Issuer may requirerequire in accordance with its customary practices. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to Lender the L/C Issuer (wA) the Letter of Credit to be amended; (xB) the proposed date of amendment thereof (which shall be a Business Day); (yC) the nature of the proposed amendment; and (zD) such other matters as Lender the L/C Issuer may reasonably require. Additionally, the Company shall, and shall cause any other applicable Borrower shall to, furnish to Lender the L/C Issuer and the Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as Lender the L/C Issuer or the Administrative Agent may reasonably require.

Appears in 1 contract

Samples: Credit Agreement (Pediatrix Medical Group Inc)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of Borrower the BorrowerCompany delivered to Lender an L/C Issuer (with a copy to the Administrative Agent) in the form of a L/C ApplicationLetter of Credit Issuance Request, appropriately completed and signed by a Responsible Officer of Borrowerthe BorrowerCompany or his/her delegate or designee. Such L/C Application Letter of Credit Issuance Request must be received by Lender the relevant L/C Issuer and the Administrative Agent not later than 12:00 1:00 p.m. (New York City time) at least two (2) Business Days (or such later date and time as Lender may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as the case may be; or, in each case, such other date and time as the relevant L/C Issuer may agree in a particular instance in its sole discretion. In the case of a request for an initial issuance of a Letter of Credit, such L/C Application Letter of Credit Issuance Request shall specify in form and detail reasonably satisfactory to Lenderthe relevant L/C Issuer: (Aa) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (Bb) the amount thereof; (Cc) the relevant Approved Currency in which such Letter of Credit is to be denominated; (d) the expiry date thereof; (De) the name and address of the beneficiary thereof; (Ef) the documents to be presented by such beneficiary in case of any drawing thereunder; (Fg) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; (G) the purpose and the nature of the requested Letter of Credit; and (Hh) such other matters as Lender the relevant L/C Issuer may requirereasonably request. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Application Letter of Credit Issuance Request shall specify in form and detail reasonably satisfactory to Lender the relevant L/C Issuer (w1) the Letter of Credit to be amended; (x2) the proposed date of amendment thereof (which shall be a Business Day); (y3) the nature of the proposed amendment; and (z4) such other matters as Lender the relevant L/C Issuer may require. Additionally, Borrower shall furnish to Lender such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as Lender may requirereasonably request.

Appears in 1 contract

Samples: Credit Agreement (Hilton Grand Vacations Inc.)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (ii ) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower delivered to the Lender in the form of a L/C Letter of Credit Application, appropriately completed and signed by a Responsible Officer of the Borrower. Such L/C Letter of Credit Application must be received by the Lender not later than 12:00 1:00 p.m. at least two three (23) Business Days (or such later date and time as Lender may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as the case may be. In the case of a request for an initial issuance of a Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to the Lender: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (B) the amount thereof; (C) the expiry date thereof; (D) the name and address of the beneficiary thereof; (E) the documents to be presented by such beneficiary in case of any drawing thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; (G) the purpose and the nature of the requested Letter of Credit; and (H) such other matters as the Lender may reasonably require. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to the Lender (wA) the Letter of Credit to be amended; (xB) the proposed date of amendment thereof (which shall be a Business Day); (yC) the nature of the proposed amendment; and (zD) such other matters as the Lender may reasonably require. Additionally, the Borrower shall furnish to the Lender such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as the Lender may reasonably require.

Appears in 1 contract

Samples: Credit Agreement (American Woodmark Corp)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of Borrower delivered to Lender in the form of a L/C Application, appropriately completed and signed by a Responsible Officer of Borrower. Such L/C Application must be received by Lender not later than 12:00 p.m. 11:00 a.m. at least two (2) Business Days (or such later date and time as Lender may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as the case may be. In the case of a request for an initial issuance of a Letter of Credit, such L/C Application shall specify in form and detail satisfactory to Lender: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (B) the amount and currency thereof; (C) the expiry date thereof; (D) the name and address of the beneficiary thereof; (E) the documents to be presented by such beneficiary in case of any drawing thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; (G) the purpose and the nature of the requested Letter of Credit; and (H) such other matters as Lender may require. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Application shall specify in form and detail satisfactory to Lender (wI) the Letter of Credit to be amended; (xII) the proposed date of amendment thereof (which shall be a Business Day); (yIII) the nature of the proposed amendment; and (zIV) such other matters as Lender may require. Additionally, Borrower shall furnish to Lender such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as Lender may require.

Appears in 1 contract

Samples: Credit Agreement (Gen Probe Inc)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of a Borrower delivered to Lender the L/C Issuer (with a copy to the Administrative Agent) in the form of a L/C Letter of Credit Application, appropriately completed and signed by a Responsible Officer of such Borrower. Such L/C Letter of Credit Application must be received by Lender the L/C Issuer and the Administrative Agent not later than 12:00 1:00 p.m. at least two (2) Business Days (or such later date and time as Lender the Administrative Agent and the L/C Issuer may agree in a particular instance in its their sole discretion) prior to the proposed issuance date or date of amendment, as the case may be. In the case of a request for an initial issuance of a Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail reasonably satisfactory to Lenderthe L/C Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day)) and the Borrower for whose account the Letter of Credit will be issued; (B) the amount thereof; (C) the expiry date thereof; (D) the name and address of the beneficiary thereof; (E) the documents to be presented by such beneficiary in case of any drawing thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; (G) the purpose and the nature of the requested Letter of Credit; and (H) such other matters as Lender the L/C Issuer may reasonably require. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail reasonably satisfactory to Lender the L/C Issuer (w) the Letter of Credit to be amended; (x) the proposed date of amendment thereof (which shall be a Business Day); (y) the nature of the proposed amendment; and (z) such other matters as Lender the L/C Issuer may reasonably require. Additionally, the Borrower requesting such Letter of Credit or amendment shall furnish to Lender the L/C Issuer and the Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as Lender the L/C Issuer or the Administrative Agent may reasonably require.

Appears in 1 contract

Samples: Credit Agreement (Western Digital Corp)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (ia) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of a Borrower delivered to Lender the applicable Issuing Bank (with a copy to the Administrative Agent) in the form of a L/C Letter of Credit Application, appropriately completed and signed by a Responsible an Authorized Officer of the applicable Borrower. Such L/C Letter of Credit Application may be sent by facsimile, by United States mail, by overnight courier, by electronic transmission using the system provided by the applicable Issuing Bank, by personal delivery or by any other means acceptable to such Issuing Bank. Such Letter of Credit Application must be received by Lender the applicable Issuing Bank and the Administrative Agent not later than 12:00 p.m. noon at least two (2) Business Days (or such later date and time as Lender the Administrative Agent and such Issuing Bank may agree in a particular instance in its their sole discretion) prior to the proposed issuance date or date of amendment, as the case may be. In the case of a request for an initial issuance of a Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to Lendersuch Issuing Bank: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (B) the amount thereofthereof and the Agreed Currency in which such Letter of Credit is to be denominated; (C) the expiry date thereof; (D) the name and address of the beneficiary thereof; (E) the documents to be presented by such beneficiary in case of any drawing thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; (G) the purpose and the nature of the requested Letter of Credit; and (H) such other matters as Lender such Issuing Bank may require. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to Lender such Issuing Bank (wA) the Letter of Credit to be amended; (xB) the proposed date of amendment thereof (which shall be a Business Day); (yC) the nature of the proposed amendment; and (zD) such other matters as Lender such Issuing Bank may require. Additionally, such Borrower shall furnish to Lender such Issuing Bank and the Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer L/C Documents, as Lender such Issuing Bank or the Administrative Agent may require.

Appears in 1 contract

Samples: Revolving Credit Agreement (Chicago Bridge & Iron Co N V)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of Borrower the Company delivered to Lender the Applicable L/C Issuer (with a copy to the Revolving Facility Administrative Agent) in the form of a L/C Letter of Credit Application, appropriately completed and signed by a Responsible Officer of Borrowerthe Company. Such L/C Letter of Credit Application must be received by Lender the Applicable L/C Issuer and the Revolving Facility Administrative Agent not later than 12:00 p.m. 11:00 a.m. at least two three (23) Business Days (or such later date and time as Lender the 138 Revolving Facility Administrative Agent and the Applicable L/C Issuer may agree in a particular instance in its their sole discretion) prior to the proposed issuance date or date of amendment, as the case may be. In the case of a request for an initial issuance of a Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail reasonably satisfactory to Lenderthe Applicable L/C Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (B) the amount and currency thereof; (C) the expiry date thereof; (D) the name and address of the beneficiary thereof; (E) the documents to be presented by such beneficiary in case of any drawing thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; (G) the purpose and the nature of the requested Letter of Credit; and (H) such other matters as Lender the Applicable L/C Issuer may reasonably require. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail reasonably satisfactory to Lender the Applicable L/C Issuer (wA) the Letter of Credit to be amended; (xB) the proposed date of amendment thereof (which shall be a Business Day); (yC) the nature of the proposed amendment; and (zD) such other matters as Lender the Applicable L/C Issuer may reasonably require. Additionally, Borrower the Company shall furnish to Lender the Applicable L/C Issuer and the Revolving Facility Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as Lender the Applicable L/C Issuer or the Revolving Facility Administrative Agent may reasonably require.

Appears in 1 contract

Samples: Credit Agreement (SS&C Technologies Holdings Inc)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (ia) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower delivered to the Lender in the form of a L/C ApplicationNotice of Letter of Credit Request in form and substance satisfactory to the Lender, appropriately completed and signed by a Responsible Officer an Authorized Person. Any Notice of Letter of Credit Request or other document delivered hereunder that is signed by an Authorized Person shall be conclusively presumed to have been authorized by all necessary corporate, partnership and/or other action and such Authorized Person shall be conclusively presumed to have acted on behalf of the Borrower. Such L/C Application Notice of Letter of Credit Request must be received by Lender not later than 12:00 p.m. at least two (2the time required under Section 2.1(e) Business Days (or such later date and time as Lender may agree in a particular instance in its sole discretion) prior to of the proposed issuance date or date of amendment, as the case may beCredit Agreement. In the case of a request for an initial issuance of a Letter of Credit, such L/C Application Notice of Letter of Credit Request shall specify in form and detail reasonably satisfactory to the Lender: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (B) the amount thereof; (C) the expiry date thereof; (D) the name and address of the beneficiary thereof; (E) the documents to be presented by such beneficiary in case of any drawing thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; and (G) the purpose and the nature of the requested Letter of Credit; and (H) such other matters as the Lender may reasonably require. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Application Notice of Letter of Credit Request shall specify in form and detail reasonably satisfactory to Lender the Lender: (wA) the Letter of Credit to be amended; (xB) the proposed date of amendment thereof (which shall be a Business Day); (yC) the nature of the proposed amendment; and (zD) such other matters as the Lender may requirerequire in its sole discretion. Additionally, the Borrower shall furnish to the Lender such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as the Lender may reasonably require.

Appears in 1 contract

Samples: Credit Agreement (Great American Group, Inc.)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of Borrower delivered to Lender Bank in the form of a L/C Letter of Credit Application, appropriately completed and signed by a Responsible Officer of Borrower. Such L/C Letter of Credit Application must be received by Lender Bank not later than 12:00 p.m. 11:00 a.m. at least two (2) Business Days (or such later date and time as Lender Bank may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as the case may be. In the case of a request for an initial issuance of a Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to LenderBank: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (B) the amount thereof; (C) the expiry date thereof; (D) the name and address of the beneficiary thereof; (E) the documents to be presented by such beneficiary in case of any drawing thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; (G) the purpose and the nature of the requested Letter of Credit; and (H) such other matters as Lender Bank may require. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to Lender Bank (wA) the Letter of Credit to be amended; (xB) the proposed date of amendment thereof (which shall be a Business Day); (yC) the nature of the proposed amendment; and (zD) such other matters as Lender Bank may require. Additionally, Borrower shall furnish to Lender Bank such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as Lender Bank may require.

Appears in 1 contract

Samples: Credit Agreement (Usana Health Sciences Inc)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower delivered to Lender in the form of a L/C Letter of Credit Application, appropriately completed and signed by a Responsible Officer of the Borrower. Such L/C Letter of Credit Application must be received by Lender not later than 12:00 p.m. 11:00 a.m. at least two (2) Business Days (or such later date and time as Lender may agree in a particular instance in its their sole discretion) prior to the proposed issuance date or date of amendment, as the case may be. In the case of a request for an initial issuance of a Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to Lender: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (B) the amount and currency thereof; (C) the expiry date thereof; (D) the name and address of the beneficiary thereof; (E) the documents to be presented by such beneficiary in case of any drawing thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; (G) the purpose and the nature of the requested Letter of Credit; and (H) such other matters as Lender may require. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to Lender (wA) the Letter of Credit to be amended; (xB) the proposed date of amendment thereof (which shall be a Business Day); (yC) the nature of the proposed amendment; and (zD) such other matters as Lender may require. Additionally, the Borrower shall furnish to Lender such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as Lender may require.

Appears in 1 contract

Samples: Credit Agreement (Lydall Inc /De/)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower delivered to Lender an L/C Issuer (with a copy to the Administrative Agent) in the form of a L/C ApplicationLetter of Credit Issuance Request, appropriately completed and signed by a Responsible Officer of Borrowerthe Borrower or his/her delegate or designee. Such L/C Application Letter of Credit Issuance Request must be received by Lender the relevant L/C Issuer and the Administrative Agent not later than 12:00 1:00 p.m. (New York City time) at least two (2) Business Days (or such later date and time as Lender may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as the case may be; or, in each case, such other date and time as the relevant L/C Issuer may agree in a particular instance in its sole discretion. In the case of a request for an initial issuance of a Letter of Credit, such L/C Application Letter of Credit Issuance Request shall specify in form and detail reasonably satisfactory to Lenderthe relevant L/C Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (B) the amount thereof; (C) the expiry date thereof; (D) the name and address of the beneficiary thereof; (E) the documents to be presented by such beneficiary in case of any drawing thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; and (G) the purpose and the nature of the requested Letter of Credit; and (H) such other matters as Lender the relevant L/C Issuer may requirereasonably request. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Application Letter of Credit Issuance Request shall specify in form and detail reasonably satisfactory to Lender the relevant L/C Issuer (w1) the Letter of Credit to be amended; (x2) the proposed date of amendment thereof (which shall be a Business Day); (y3) the nature of the proposed amendment; and (z4) such other matters as Lender the relevant L/C Issuer may require. Additionally, Borrower shall furnish to Lender such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as Lender may requirereasonably request.

Appears in 1 contract

Samples: Credit Agreement (Apria, Inc.)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Parent Borrower delivered to Lender an L/C Issuer (with a copy to the Administrative Agent) in the form of a L/C Letter of Credit Application, appropriately completed and signed by a Responsible Officer of Borrowerthe Parent Borrower or the REIT Guarantor. Such L/C Letter of Credit Application must be received by Lender the applicable L/C Issuer and the Administrative Agent not later than 12:00 p.m. 11:00 a.m. at least two three (23) Business Days (or such later date shorter period as the Administrative Agent and time as Lender such L/C Issuer may agree in a particular instance in its their sole discretion) prior to the proposed issuance date or date of amendment, as the case may be. In the case of a request for an initial issuance of a Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail reasonably satisfactory to Lenderthe applicable L/C Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (B) the amount and currency thereof; (C) the expiry date thereof; (D) the name and address of the beneficiary thereof; (E) the documents to be presented by such beneficiary in case of any drawing thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; (G) the purpose and the nature of the requested Letter of Credit; and (H) such other matters as Lender the applicable L/C Issuer may reasonably require. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail reasonably satisfactory to Lender the applicable L/C Issuer: (wA) the Letter of Credit to be amended; (xB) the proposed date of amendment thereof (which shall be a Business Day); (yC) the nature of the proposed amendment; and (zD) such other matters as Lender the applicable L/C Issuer may reasonably require. Additionally, Borrower the Borrowers shall furnish to Lender the applicable L/C Issuer and the Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as Lender such L/C Issuer or the Administrative Agent may reasonably require. In the event of any inconsistency between the terms and conditions of this Agreement and the terms and conditions of any form of Letter of Credit Application or other agreement submitted by the Parent Borrower to, or entered into by the Parent Borrower with, an L/C Issuer relating to any Letter of Credit, the terms and conditions of this Agreement shall control.

Appears in 1 contract

Samples: Credit Agreement (Sabra Health Care REIT, Inc.)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (ii)(i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower delivered to Lender an L/C Issuer (with a copy to the Administrative Agent) in the form of a L/C ApplicationLetter of Credit Issuance Request, appropriately completed and signed by a Responsible Officer of Borrowerthe Borrower or his/her delegate or designee. Such L/C Application Letter of Credit Issuance Request must be received by Lender the relevant L/C Issuer and the Administrative Agent not later than 12:00 1:00 p.m. (New York City time) at least two (2) Business Days (or such later date and time as Lender may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as the case may be; or, in each case, such other date and time as the relevant L/C Issuer may agree in a particular instance in its sole discretion. In the case of a request for an initial issuance of a Letter of Credit, such L/C Application Letter of Credit Issuance Request shall specify in form and detail reasonably satisfactory to Lenderthe relevant L/C Issuer: (Aa) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (Bb) the amount thereof; (Cc) the relevant Approved Currency in which such Letter of Credit is to be denominated; (d) the expiry date thereof; (De) the name and address of the beneficiary thereof; (Ef) the documents to be presented by such beneficiary in case of any drawing thereunder; (Fg) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; (G) the purpose and the nature of the requested Letter of Credit; and (Hh) such other matters as Lender the relevant L/C Issuer may requirereasonably request. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Application Letter of Credit Issuance Request shall specify in form and detail reasonably satisfactory to Lender the relevant L/C Issuer (w1) the Letter of Credit to be amended; (x2) the proposed date of amendment thereof (which shall be a Business Day); (y3) the nature of the proposed amendment; and (z4) such other matters as Lender the relevant L/C Issuer may require. Additionally, Borrower shall furnish to Lender such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as Lender may requirereasonably request.

Appears in 1 contract

Samples: Credit Agreement (Hilton Worldwide Holdings Inc.)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the applicable Borrower delivered to Lender the applicable L/C Issuer (with a copy to the applicable Administrative Agent) in the form of a L/C Letter of Credit Application, appropriately completed and signed by a Responsible Borrowing Officer of the applicable Borrower. Such L/C Letter of Credit Application must be received by Lender the applicable L/C Issuer and the applicable Administrative Agent not later than 12:00 p.m. 11:00 a.m. at least two five (25) Business Days (or such later date and time as Lender the applicable Administrative Agent and the applicable L/C Issuer may agree in a particular instance in its their sole discretion) prior to the proposed issuance date or date of amendment, as the case may be. In the case of a request for an initial issuance of a Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail reasonably satisfactory to Lenderthe applicable L/C Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (B) the amount and currency thereof; (C) the expiry date thereof; (D) the name and address of the beneficiary thereof; (E) the documents to be presented by such beneficiary in case of any drawing thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; (G) the purpose and the nature of the requested Letter of Credit; Credit and (H) such other matters as Lender the applicable L/C Issuer may reasonably require. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail reasonably satisfactory to Lender the applicable L/C Issuer (wA) the Letter of Credit to be amended; (xB) the proposed date of amendment thereof (which shall be a Business Day); (yC) the nature of the proposed amendment; and (zD) such other matters as Lender the applicable L/C Issuer may reasonably require. Additionally, each Borrower shall furnish to Lender the applicable L/C Issuer and the applicable Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as Lender such L/C Issuer or such Administrative Agent may reasonably require.

Appears in 1 contract

Samples: Credit Agreement (Graybar Electric Co Inc)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) i. Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower Agent delivered to the Lender in the form of a L/C Letter of Credit Application, appropriately completed and signed by a Responsible Officer of the Borrower Agent and, if applicable, of the applicable Borrower. Such L/C Letter of Credit Application must be received by the Lender not later than 12:00 p.m. 11:00 a.m. at least two (2) Business Days (or such later date and time as the Lender may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as the case may be. In the case of a request for an initial issuance of a Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to the Lender: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (B) the amount thereof; (C) the expiry date thereof; (D) the name and address of the beneficiary thereof; (E) the documents to be presented by such beneficiary in case of any drawing or presentation thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing or presentation thereunder; (G) the purpose and the nature of the requested Letter of Credit; and (HG) such other matters as the Lender may reasonably require. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to the Lender (wA) the Letter of Credit to be amended; (xB) the proposed date of amendment thereof (which shall be a Business Day); (yC) the nature of the proposed amendment; and (zD) such other matters as the Lender may reasonably require. Additionally, the Borrower Agent shall furnish to the Lender such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as the Lender may require.

Appears in 1 contract

Samples: Credit and Security Agreement (Mfri Inc)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of Borrower the Borrowing Agent delivered to Lender the L/C-BA Issuer which, in the case of a Letter of Credit to be issued, shall be the L/C-BA Issuer as selected by the Borrowing Agent (with a copy to the Administrative Agent) in the form of a L/C Letter of Credit Application, appropriately completed and signed by a Responsible Officer of Borrowerthe Borrowing Agent. Such L/C Letter of Credit Application must be received by Lender the L/C-BA Issuer and the Administrative Agent not later than 12:00 p.m. 11:00 a.m. at least two (2) one Business Days Day (or such later date and time as Lender the Administrative Agent and the L/C-BA Issuer may agree in a particular instance in its their sole discretion) prior to the proposed issuance date or date of amendment, as the case may be. In the case of a request for an initial issuance of a Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to Lenderthe applicable L/C-BA Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (B) the applicable Borrower or Restricted Subsidiary on whose account the Letter of Credit is being issued (which, in the absence of any such designation, shall be the Borrowing Agent); (C) the amount thereof; (CD) the expiry date thereof; (DE) the name and address of the beneficiary thereof; (EF) the documents to be presented by such beneficiary in case of any drawing thereunder; (FG) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; (GH) the purpose and the nature of the requested Letter of Credit; and (HI) such other matters as Lender the L/C-BA Issuer may reasonably require. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to Lender the L/C-BA Issuer (wA) the Letter of Credit to be amended; (xB) the proposed date of amendment thereof (which shall be a Business Day); (yC) the nature of the proposed amendment; and (zD) such other matters as Lender the L/C-BA Issuer may reasonably require. Additionally, the Borrowing Agent shall, and shall cause any other applicable Borrower shall or Restricted Subsidiary to, furnish to Lender the L/C-BA Issuer and the Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as Lender the L/C-BA Issuer or the Administrative Agent may reasonably require.

Appears in 1 contract

Samples: Credit Agreement (World Fuel Services Corp)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower delivered to the Lender in the form of a L/C Letter of Credit Application, appropriately completed and signed by a Responsible Officer of the Borrower. Such L/C Letter of Credit Application must be received by the Lender not later than 12:00 1:00 p.m. at least two three (23) Business Days (or such later date and time as Lender may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as the case may be. In the case of a request for an initial issuance of a Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to the Lender: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (B) the amount thereof; (C) the expiry date thereof; (D) the name and address of the beneficiary thereof; (E) the documents to be presented by such beneficiary in case of any drawing thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; (G) the purpose and the nature of the requested Letter of Credit; and (H) such other matters as the Lender may reasonably require. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to the Lender (wA) the Letter of Credit to be amended; (xB) the proposed date of amendment thereof (which shall be a Business Day); (yC) the nature of the proposed amendment; and (zD) such other matters as the Lender may reasonably require. Additionally, the Borrower shall furnish to the Lender such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as the Lender may reasonably require.

Appears in 1 contract

Samples: Credit Agreement (American Woodmark Corp)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of Borrower Toro delivered to Lender the L/C Issuer (with a copy to the Administrative Agent) in the form of a L/C Letter of Credit Application, appropriately completed and signed by a Responsible Officer of BorrowerToro. Such L/C Letter of Credit Application must be received by Lender the L/C Issuer and the Administrative Agent not later than 12:00 p.m. 11:00 a.m. at least two (2) Business Days (or such later date and time as Lender may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as the case may be. In the case of a request for an initial issuance of a Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to Lenderthe L/C Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (B) the amount thereof; (C) the expiry date thereof; (D) the name and address of the beneficiary thereof; (E) the documents to be presented by such beneficiary in case of any drawing thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; (G) the purpose and the nature of the requested applicable L/C Party for which such Letter of CreditCredit is requested to be issued; and (H) such other matters as Lender the L/C Issuer may require. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to Lender the L/C Issuer (wA) the Letter of Credit to be amended; (xB) the proposed date of amendment thereof (which shall be a Business Day); (yC) the nature of the proposed amendment; and (zD) such other matters as Lender the L/C Issuer may require. Additionally, Borrower Toro shall furnish to Lender the L/C Issuer and the Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as Lender the L/C Issuer or the Administrative Agent may require.

Appears in 1 contract

Samples: Credit Agreement (Toro Co)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (ia) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of Borrower the Account Parties delivered to Lender the Issuing Bank in the form of a L/C Letter of Credit Application, appropriately completed and signed by a Responsible Officer of Borrowerthe applicable Account Party. Such L/C Letter of Credit Application must be received by Lender the Issuing Bank not later than 12:00 p.m. 11:00 a.m. at least two (2) three Business Days (or such later other date and time as Lender the Issuing Bank may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as the case may be. In the case of a request for an initial issuance of a Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to Lenderthe Issuing Bank: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (B) the amount Stated Amount thereof; (C) the expiry date thereof; (D) the name and address of the beneficiary thereof; (E) the documents to be presented by such beneficiary in case of any drawing thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; and (G) the purpose and the nature of the requested Letter of Credit; and (H) such other matters as Lender the Issuing Bank may require. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to Lender the Issuing Bank (wA) the Letter of Credit to be amended; (xB) the proposed date of amendment thereof (which shall be a Business Day); (yC) the nature of the proposed amendment; and (zD) such other matters as Lender the Issuing Bank may require. Additionally, Borrower the Account Parties shall furnish to Lender the Issuing Bank such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including and any Issuer DocumentsDocuments (including, if requested by the Issuing Bank, a Standby Letter of Credit Agreement), as Lender the Issuing Bank may require.

Appears in 1 contract

Samples: Credit Agreement (Sears Holdings Corp)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of Borrower the Company delivered to the Lender in the form of a L/C Letter of Credit Application, appropriately completed and signed by a Responsible Officer of Borrowerthe Company. Such L/C Letter of Credit Application must be received by the Lender not later than 12:00 1:00 p.m. at least two (2) Business Days (or such later date and time as the Lender may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as the case may be. In the case of a request for an initial issuance of a Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to the Lender: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (B) the amount and currency thereof; (C) the expiry date thereof; (D) the name and address of the beneficiary thereof; (E) the documents to be presented by such beneficiary in case of any drawing thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; and (G) the purpose and the nature of the requested Letter of Credit; and (H) such other matters as the Lender may require. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Letter of Credit Application shall specify in form and detail satisfactory to the Lender (wA) the Letter of Credit to be amended; (xB) the proposed date of amendment thereof (which shall be a Business Day); (yC) the nature of the proposed amendment; and (zD) such other matters as Lender may require. Additionally, Borrower shall furnish to Lender such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as the Lender may require.

Appears in 1 contract

Samples: Credit Agreement (Sims Metal Management LTD)

Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of Borrower delivered to Lender the L/C Issuer (with a copy to Agent) in the form of a L/C Application, appropriately completed and signed by a Responsible Officer of Borrower. Such L/C Application must be received by Lender the L/C Issuer and Agent not later than 12:00 p.m. noon at least two (2) Business Days (or such later date and time as Lender Agent and the L/C Issuer may agree in a particular instance in its their sole discretion) prior to the proposed issuance date or date of amendment, as the case may be. In the case of a request for an initial issuance of a Letter of Credit, such L/C Application shall specify in form and detail reasonably satisfactory to Lenderthe L/C Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (B) the amount thereof; (C) the expiry date thereof; (D) the name and address of the beneficiary thereof; (E) the documents to be presented by such beneficiary in case of any drawing thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; and (G) the purpose and the nature of the requested Letter of Credit; and (H) such other matters as Lender the L/C Issuer may reasonably require. In the case of a request for an amendment of any outstanding Letter of Credit, such L/C Application shall specify in form and detail reasonably satisfactory to Lender the L/C Issuer (wW) the Letter of Credit to be amended; (xX) the proposed date of amendment thereof (which shall be a Business Day); (yY) the nature of the proposed amendment; and (zZ) such other matters as Lender the L/C Issuer may require. Additionally, Borrower shall furnish to Lender the L/C Issuer and Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as Lender the L/C Issuer or Agent may reasonably require.

Appears in 1 contract

Samples: Revolving Credit Agreement (Green Mountain Coffee Roasters Inc)

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