Request for Issuance. Each Letter of Credit shall be issued upon notice, given not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed issuance of such Letter of Credit, by the applicable Borrower to the Administrative Agent and the applicable Issuing Bank. Each such notice of issuance of a Letter of Credit (a "NOTICE OF ISSUANCE") shall be by telephone, confirmed immediately in writing, or telex or telecopier, specifying therein the requested (A) date of such issuance (which shall be a Business Day), (B) Available Amount of such Letter of Credit, (C) expiration date of such Letter of Credit, (D) name and address of the beneficiary of such Letter of Credit and (E) form of such Letter of Credit, with such variations as such Issuing Bank reasonably may specify to the Borrower for use in connection with such requested Letter of Credit (a "LETTER OF CREDIT AGREEMENT"). If the requested form of such Letter of Credit is acceptable to such Issuing Bank in its sole discretion, such Issuing Bank will, upon fulfillment of the applicable conditions set forth in Article III, make such Letter of Credit available to the applicable Borrower at its office referred to in Section 9.02 or as otherwise agreed with the such Borrower in connection with such issuance. In the event and to the extent that the provisions of any Letter of Credit Agreement shall conflict with this Agreement, the provisions of this Agreement shall govern.
Appears in 1 contract
Samples: Omnibus Credit Agreement (McDermott International Inc)
Request for Issuance. Each Letter of Credit shall be issued upon notice, given not later than 11:00 A.M. 1:00 p.m. (New York City time) on the third fifth Business Day prior to the date of the proposed issuance of such Letter of Credit, by the applicable Borrower to the Issuing Bank, which shall give to the Administrative Agent and the applicable Issuing Bankeach Revolving Credit Lender prompt notice thereof by telex or telecopier. Each such notice of issuance of a Letter of Credit (a "NOTICE OF ISSUANCE") shall may be by telephone, confirmed immediately in writing, or telex or telecopier, specifying therein the requested (Ai) date of such issuance (which shall be a Business Day), (Bii) Available Amount of such Letter of Credit, (Ciii) expiration date of such Letter of Credit, (Div) name and address of the beneficiary of such Letter of Credit and (Ev) form of such Letter of Credit, with and shall be accompanied by such variations customary application and agreement for letter of credit as such the Issuing Bank reasonably may specify to the Borrower for use in connection with such requested Letter of Credit (a "LETTER OF CREDIT AGREEMENT"). If the requested form of such Letter of Credit is acceptable to such the Issuing Bank Bank, in its sole reasonable discretion, such the Issuing Bank will, upon fulfillment of the applicable conditions set forth in Article III, make such Letter of Credit available to the applicable Borrower at its office referred to in Section 9.02 or as otherwise agreed with directed by the such Borrower in connection with such issuance. In the event and to the extent that the provisions of any such Letter of Credit Agreement shall conflict with this Agreement, the provisions of this Agreement shall govern.
Appears in 1 contract
Samples: Credit Agreement (Applied Graphics Technologies Inc)
Request for Issuance. Each Letter of Credit shall be issued upon notice, given not later than 11:00 A.M. a.m. (New York City Dallas, Texas time) on the third fourth Business Day prior to the date of the proposed issuance of such Letter of Credit, by the applicable Borrower to the Administrative Agent Issuing Bank. Each Letter of Credit shall be issued upon notice given in accordance with the terms of any separate agreement between the Borrower and the applicable Issuing BankBank in form and substance reasonably satisfactory to the Borrower and the Issuing Bank providing for the issuance of Letters of Credit pursuant to this Agreement and containing terms and conditions not inconsistent with this Agreement (a "Letter of Credit Agreement"), provided that if any such terms and conditions are inconsistent with this Agreement, this Agreement shall control. Each such notice of issuance of a Letter of Credit by the Borrower (a "NOTICE OF ISSUANCENotice of Issuance") shall be by telephone, confirmed immediately in writing, or telex or telecopier, specifying therein therein, in the case of a Letter of Credit, the requested (A) date of such issuance (which shall be a Business Day), (B) Available Amount maximum amount of such Letter of Credit, (C) expiration date of such Letter of Credit, (D) name and address of the beneficiary of such Letter of Credit and (E) form of such Letter of Credit, with such variations as such Issuing Bank reasonably may specify to the Borrower for use in connection with such requested Letter of Credit (a "LETTER OF CREDIT AGREEMENT"). If the requested form of such Letter of Credit is acceptable to such Issuing Bank in its sole discretion, such Issuing Bank will, upon fulfillment of the applicable conditions set forth in Article III, make such Letter of Credit available to the applicable Borrower at its office referred to in Section 9.02 or as otherwise agreed with the such Borrower in connection with such issuance. In the event and to the extent that the provisions of any Letter of Credit Agreement shall conflict with this Agreement, the provisions of this Agreement shall govern.such
Appears in 1 contract
Samples: Credit Agreement (Xircom Inc)
Request for Issuance. Each Letter of Credit shall be issued upon notice, given not later than 11:00 A.M. 1:00 P.M. (New York City time) on the third fifth Business Day prior to the date of the proposed issuance of such Letter of Credit, by the applicable Borrower Borrowers to the Issuing Bank, which shall give to the Administrative Agent and the applicable Issuing Bankeach Revolving Credit Lender prompt notice thereof by telex or telecopier. Each such notice of issuance of a Letter of Credit (a "NOTICE OF ISSUANCE") shall be by telephone, confirmed immediately in writing, or telex or telecopier, specifying therein the requested (Ai) date of such issuance (which shall be a Business Day), (Bii) Available Amount of such Letter of Credit, (Ciii) expiration date of such Letter of Credit, (Div) name and address of the beneficiary of such Letter of Credit and (Ev) form of such Letter of Credit, with and shall be accompanied by such variations application and agreement for letter of credit as such the Issuing Bank reasonably may specify to the Borrower for use in connection with such requested Letter of Credit (a "LETTER OF CREDIT AGREEMENT"). If the requested form of such Letter of Credit is acceptable to such the Issuing Bank Bank, in its sole discretion, such the Issuing Bank will, upon fulfillment of the applicable conditions set forth in Article III3, make such Letter of Credit available to the applicable Borrower Borrowers at its their office referred to in Section 9.02 11.2 or as otherwise agreed with the such Borrower Borrowers in connection with such issuance. In the event and to the extent that the provisions of any such Letter of Credit Agreement shall conflict with this Agreement, the provisions of this Agreement shall govern.
Appears in 1 contract
Samples: Credit Agreement (Polyvision Corp)
Request for Issuance. Each Letter of Credit shall be issued upon notice, given not later than 11:00 A.M. (New York City time) 1:00 p.m. on the third Business Day prior to the date of the proposed issuance of such Letter of Credit, by the applicable Borrower to the L/C Issuer, which shall give to the Administrative Agent and the applicable Issuing Bank(who in turn shall give to each Revolving Credit Lender) prompt notice thereof. Each such notice of issuance of a Letter of Credit (a "NOTICE OF ISSUANCE"“Notice of Issuance”) shall may be by telephone, confirmed immediately in writing, or telex telecopier or telecopierelectronic communication, specifying therein the requested (Ai) date of such issuance (which shall be a Business Day), (Bii) Available Amount amount of such Letter of Credit, (Ciii) expiration date of such Letter of Credit, (Div) name and address of the beneficiary of such Letter of Credit and (Ev) form of such Letter of Credit, with such variations as such Issuing Bank reasonably may specify to the Borrower for use in connection with such requested and shall be accompanied by a Letter of Credit (a "LETTER OF CREDIT AGREEMENT")Application. If (1) the requested form of such Letter of Credit is acceptable to such Issuing Bank the L/C Issuer in its sole discretiondiscretion and (2) it has not received notice of objection to such issuance from the Required Lenders, such Issuing Bank the L/C Issuer will, upon fulfillment of the applicable conditions set forth in Article IIIIV, make such Letter of Credit available to the applicable Borrower at its office referred to in Section 9.02 Schedule 10.02 or as otherwise agreed with the such Borrower in connection with such issuance. In the event and to the extent that the provisions of any Letter of Credit Agreement Application shall conflict with this Agreement, the provisions of this Agreement shall govern.
Appears in 1 contract
Samples: First Lien Senior Secured Credit Agreement (WII Components, Inc.)
Request for Issuance. Each Letter of Credit shall be issued upon notice, given not later than 11:00 A.M. (New York City time) on the third Business Day prior by any Borrower to the date of the proposed issuance of such Letter of CreditIssuing Bank, by the applicable Borrower which shall give to the Administrative Agent and the applicable Issuing Bankeach Lender prompt notice thereof by telex or telecopier. Each such notice of issuance of a Letter of Credit (a "NOTICE OF ISSUANCENotice of Issuance") shall be by telephone, confirmed immediately in writing, or telex or telecopier, specifying therein the requested (Ai) date of such issuance (which shall be a Business Day), (Bii) Available Amount of such Letter of Credit, (Ciii) expiration date of such Letter of Credit, (Div) name and address of the beneficiary of such Letter of Credit and (Ev) form of such Letter of Credit, with and shall be accompanied by such variations application and agreement for letter of credit as such the Issuing Bank reasonably may specify to the Borrower for use in connection with such requested Letter of Credit (a "LETTER OF CREDIT AGREEMENTLetter of Credit Agreement"). If (x) the requested form of such Letter of Credit is acceptable to such the Issuing Bank in its sole discretiondiscretion and (y) it has not received notice of objection to such issuance from Lenders holding at least a majority of the Revolving Credit Commitments, such the Issuing Bank will, upon fulfillment of the applicable conditions set forth in Article III, make such Letter of Credit available to the applicable Borrower requesting such Letter of Credit at its office referred to in Section 9.02 or as otherwise agreed with the such Borrower in connection with such issuance. In the event and to the extent that the provisions of any Letter of Credit Agreement shall conflict with this Agreement, the provisions of this Agreement shall govern.
Appears in 1 contract
Samples: Credit Agreement (Amdocs LTD)
Request for Issuance. Each Letter of Credit shall be issued upon notice, given not later than 11:00 A.M. 12:00 P.M. (New York City time) on the third Business Day prior to the date of the proposed issuance of such Letter of Credit, by the applicable Borrower to the Issuing Bank, which shall give to the Administrative Agent and the applicable Issuing Bankeach Revolving Credit Lender prompt notice thereof by telex or telecopier. Each such notice of issuance of a Letter of Credit (a "NOTICE OF ISSUANCE") shall be by telephone, confirmed immediately in writing, or telex or telecopier, specifying therein the requested (Ai) date of such issuance (which shall be a Business Day), (Bii) Available Amount of such Letter of Credit, (Ciii) expiration date of such Letter of Credit, (Div) name and address of the beneficiary of such Letter of Credit and (Ev) form of such Letter of Credit, with and shall be accompanied by such variations application and agreement for letter of credit as such the Issuing Bank reasonably may specify to the Borrower for use in connection with such requested Letter of Credit (a "LETTER OF CREDIT AGREEMENT"). If the requested form of such Letter of Credit is reasonably acceptable to such the Issuing Bank in its sole discretionBank, such the Issuing Bank will, upon fulfillment of the applicable conditions set forth in Article III3, make such Letter of Credit available to the applicable Borrower at its office referred to in Section 9.02 11.2 or as otherwise agreed with the such Borrower in connection with such issuance. In the event and to the extent that the provisions of any such Letter of Credit Agreement shall conflict with this Agreement, the provisions of this Agreement shall govern.
Appears in 1 contract
Samples: Credit Agreement (Mosler Inc)
Request for Issuance. Each Letter of Credit shall be issued upon notice, given not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed issuance of such Letter of Credit, by the applicable Borrower to the Administrative Agent and the applicable Issuing BankLender. Each such notice of issuance of a Letter of Credit (a "NOTICE OF ISSUANCE"“Notice of Issuance”) shall may be by telephone, either telephone (confirmed immediately promptly in writing, or telex ) or telecopier, in each case specifying therein the requested (Ai) date of such issuance (which shall be a Business Day), (Bii) Available Amount of such Letter of Credit, (Ciii) expiration date of such Letter of Credit, (Div) name and address of the beneficiary of such Letter of Credit and (Ev) form of such Letter of Credit, with and shall be accompanied by such variations application and agreement for letter of credit as such Issuing Bank reasonably the Lender may specify to the Borrower for use in connection with such requested Letter of Credit (a "LETTER OF CREDIT AGREEMENT"“Letter of Credit Agreement”). If the requested form of such Letter of Credit is acceptable to such Issuing Bank the Lender in its sole reasonable discretion, such Issuing Bank the Lender will, upon fulfillment of the applicable conditions set forth in Article III, make such Letter of Credit available to the applicable Borrower at its office referred to referenced in Section 9.02 7.02 or as otherwise agreed with the such Borrower in connection with such issuance. In the event and to the extent that the provisions of any Letter of Credit Agreement shall conflict with this Agreement, the provisions of this Agreement shall govern.
Appears in 1 contract
Samples: Loan Agreement (Adams Respiratory Therapeutics, Inc.)
Request for Issuance. Each Letter of Credit shall be issued upon notice, given not later than 11:00 A.M. (New York City time) 1:00 p.m. on the third Business Day prior to the date of the proposed issuance of such Letter of Credit, by the applicable Borrower to the L/C Issuer, which shall give to the Administrative Agent and the applicable Issuing Bank(who in turn shall give to each Revolving Credit Lender) prompt notice thereof by telecopier or electronic communication. Each such notice of issuance of a Letter of Credit (a "NOTICE OF ISSUANCE"“Notice of Issuance”) shall may be by telephone, confirmed immediately in writing, or telex telecopier or telecopierelectronic communication, specifying therein the requested (Ai) date of such issuance (which shall be a Business Day), (Bii) Available Amount amount of such Letter of Credit, (Ciii) expiration date of such Letter of Credit, (Div) name and address of the beneficiary of such Letter of Credit and (Ev) form of such Letter of Credit, with such variations as such Issuing Bank reasonably may specify to the Borrower for use in connection with such requested and shall be accompanied by a Letter of Credit (a "LETTER OF CREDIT AGREEMENT")Application. If (1) the requested form of such Letter of Credit is acceptable to such Issuing Bank the L/C Issuer in its sole discretiondiscretion and (2) it has not received notice of objection to such issuance from the Required Lenders, such Issuing Bank the L/C Issuer will, upon fulfillment of the applicable conditions set forth in Article IIIIV, make such Letter of Credit available to the applicable Borrower at its office referred to in Section 9.02 Schedule 10.02 or as otherwise agreed with the such Borrower in connection with such issuance. In the event and to the extent that the provisions of any Letter of Credit Agreement Application shall conflict with this Agreement, the provisions of this Agreement shall govern.
Appears in 1 contract
Samples: Senior Secured Credit Agreement (Quantum Corp /De/)
Request for Issuance. Each Letter of Credit shall be issued upon noticesubmission by the Borrower of a Letter of Credit Request in substantially the form of EXHIBIT B-2 hereto given to the Issuing Bank (with a copy to the Administrative Agent), given not later than 11:00 A.M. (New York City time) on the third Business Day (or such shorter period agreed to by the Issuing Bank) prior to the proposed date of the proposed issuance of such Letter of Credit, by the applicable Borrower to the Administrative Agent and the applicable Issuing Bank. Each such notice of request for the issuance of a Letter of Credit (a "NOTICE LETTER OF ISSUANCECREDIT REQUEST") shall may be delivered by telephone, confirmed immediately in writing, or telex or telecopier, specifying therein facsimile transmission and the requested (A) date Issuing Bank and Administrative Agent may act on any such facsimile notice without the need to obtain the original of such issuance (which shall be a Business Day)notice. If so required by the Issuing Bank, (B) Available Amount of such Letter of Credit, (C) expiration date of such Letter of Credit, (D) name and address of the beneficiary of such each Letter of Credit and (E) Request shall be accompanied by the Issuing Bank's standard form of such Letter of Credit, with such variations as such Issuing Bank reasonably may specify to the Borrower application and agreement for use in connection with such requested Letter Letters of Credit (a "LETTER OF CREDIT AGREEMENT"). If the requested form of such Letter of Credit is acceptable to such the Issuing Bank in its sole discretionreasonable discretion and provided that the Issuing Bank has received the authorization of the Administrative Agent to such issuance, such the Issuing Bank will, upon the fulfillment of the applicable conditions set forth in Article III, make issue such Letter of Credit available to the applicable Borrower at its office referred to in Section 9.02 or as otherwise agreed with the such Borrower in connection with such issuanceCredit. In the event and to the extent that the provisions of any Letter of Credit Agreement shall conflict with this Agreement, the provisions of this Agreement shall will govern.
Appears in 1 contract
Samples: Credit Agreement (Boca Resorts Inc)
Request for Issuance. Each Letter of Credit shall be issued upon notice, given not later than 11:00 A.M. (New York City time) on the third fifth Business Day prior to the date of the proposed issuance of such Letter of Credit, by the applicable Borrower Borrowers to the Issuing Bank, which shall give to the Administrative Agent and the applicable Issuing Bankeach Revolving Credit Lender prompt notice thereof by telex or telecopier. Each such notice of issuance of a Letter of Credit (a "NOTICE OF ISSUANCENotice of Issuance") shall be by telephone, confirmed immediately in writing, or telex or telecopier, specifying therein the requested (Ai) date of such issuance (which shall be a Business Day), (Bii) Available Amount of such Letter of Credit, (Ciii) expiration date of such Letter of Credit, (Div) name and address of the beneficiary of such Letter of Credit and (Ev) form of such Letter of Credit, with and shall be accompanied by such variations application and agreement for letter of credit as such the Issuing Bank reasonably may specify to the Borrower Borrowers for use in connection with such requested Letter of Credit (a "LETTER OF CREDIT AGREEMENTLetter of Credit Agreement"). If the requested form of such Letter of Credit is reasonably acceptable to such the Issuing Bank in its sole discretionBank, such the Issuing Bank will, upon fulfillment of the applicable conditions set forth in Article III3, make such Letter of Credit available to the applicable Borrower Borrowers at its office referred to in Section 9.02 11.2 or as otherwise agreed with the such Borrower Borrowers in connection with such issuance. In the event and to the extent that the provisions of any such Letter of Credit Agreement shall conflict with this Agreement, the provisions of this Agreement shall govern.
Appears in 1 contract
Samples: Credit Agreement (Mediabay Inc)
Request for Issuance. Each Letter of Credit shall be issued upon notice, given not later than 11:00 A.M. 12:00 P.M. (New York City time) on the third second Business Day prior to the date of the proposed issuance of such Letter of Credit, by the applicable Borrower to the Issuing Bank, which shall give to the Administrative Agent and the applicable Issuing Bankprompt notice thereof by telex or telecopier. Each such notice of issuance of a Letter of Credit (a "NOTICE OF ISSUANCE") shall be by telephone, confirmed immediately in writing, or telex or telecopier, specifying therein the requested (A) date of such issuance (which shall be a Business Day), (B) Available Amount of such Letter of Credit, (C) expiration date of such Letter of Credit, (D) name and address of the beneficiary of such Letter of Credit and (E) form of such Letter of Credit, with and shall be accompanied by such variations application and agreement for letter of credit as such the Issuing Bank may reasonably may specify to the Borrower for use in connection with such requested Letter of Credit (a "LETTER OF CREDIT AGREEMENT"). If the requested form of such Letter of Credit is acceptable to such the Issuing Bank in its sole discretion, such the Issuing Bank will, upon fulfillment of the applicable conditions set forth in Article III, make such Letter of Credit available to the applicable Borrower at its office referred to in Section 9.02 8.02 or as otherwise agreed with the such Borrower in connection with such issuance. In the event and to the extent that the provisions of any Letter of Credit Agreement shall conflict with this Agreement, the provisions of this Agreement shall govern.
Appears in 1 contract
Samples: Credit Agreement (Safety 1st Inc)
Request for Issuance. Each Letter of Credit shall be issued upon notice, given not later than 11:00 A.M. 12:00 P.M. (New York City time) on the third Business Day prior to the date of the proposed issuance of such Letter of Credit, by the applicable Borrower to the Administrative Agent and the applicable Issuing Bank. Each such notice of issuance of a Letter of Credit (a "NOTICE OF ISSUANCENotice of Issuance") shall be by telephone, confirmed immediately in writing, or telex or telecopier, specifying therein the requested (A) date of such issuance (which shall be a Business Day), (B) Available Amount of such Letter of Credit, (C) expiration date of such Letter of Credit, (D) name and address of the beneficiary of such Letter of Credit and (E) form of such Letter of Credit, with and shall be accompanied by such variations application and agreement for letter of credit as such the Issuing Bank reasonably may specify to the Borrower for use in connection with such requested Letter of Credit (a "LETTER OF CREDIT AGREEMENTLetter of Credit Agreement"). If the requested form of such Letter of Credit is acceptable to such the Issuing Bank in its sole reasonable discretion, such the Issuing Bank will, upon fulfillment of the applicable conditions set forth in Article III, make such Letter of Credit available to the applicable Borrower at its office referred to in Section 9.02 8.02 or as otherwise agreed with the such Borrower in connection with such issuance. In the event and to the extent that the provisions of any Letter of Credit Agreement shall conflict with this Agreement, the provisions of this Agreement shall govern.
Appears in 1 contract
Request for Issuance. Each Letter of Credit shall be issued upon notice, given not later than 11:00 A.M. 12:00 P.M. (noon) (New York City time) on the third Business Day prior to the date of the proposed issuance of such Letter of Credit, by the applicable Borrower to the Administrative Agent Agent, which shall give to the Issuing Bank and the applicable Issuing Bankeach Lender prompt notice thereof by telex or telecopier. Each such notice of issuance of a Letter of Credit (a "NOTICE OF ISSUANCENotice of Issuance") shall be by telephone, confirmed immediately in writing, or telex or telecopier, specifying therein the requested (A) date of such issuance (which shall be a Business Day), (B) Available Amount of such Letter of Credit, (C) expiration date of such Letter of Credit, (D) name and address of the beneficiary of such Letter of Credit and (E) form of such Letter of Credit, with and shall be accompanied by such variations application and agreement for letter of credit as such Issuing Bank reasonably the Administrative Agent may specify to the Borrower for use in connection with such requested Letter of Credit (a "LETTER OF CREDIT AGREEMENTLetter of Credit Agreement"). If (x) the requested form of such Letter of Credit is acceptable to such the Issuing Bank in its sole discretiondiscretion and (y) it has not received notice of objection to such issuance from the Administrative Agent on its behalf or on behalf of the Required Lenders, such the Issuing Bank will, upon fulfillment of the applicable conditions set forth in Article III, make such Letter of Credit available to the applicable Borrower at its office referred to in Section 9.02 or as otherwise agreed with the such Borrower in connection with such issuance. In the event and to the extent that the provisions of any Letter of Credit Agreement shall conflict with this Agreement, the provisions of this Agreement shall govern.its
Appears in 1 contract
Samples: Credit Agreement (Maxtor Corp)
Request for Issuance. Each Letter of Credit shall be issued upon notice, given not later than 11:00 A.M. (New York City time) on the third fifth Business Day prior to the date of the proposed issuance of such Letter of Credit, by the applicable Borrower to the Issuing Bank, which shall give to the Administrative Agent and the applicable Issuing Bankeach Revolving Credit Lender prompt notice thereof by telex or telecopier. Each such notice of issuance of a Letter of Credit (a "NOTICE OF ISSUANCENotice of Issuance") shall be by telephone, confirmed immediately in writing, or telex or telecopier, specifying therein the requested requested
(Ai) date of such issuance (which shall be a Business Day), (Bii) Available Amount of such Letter of Credit, (Ciii) expiration date of such Letter of Credit, (Div) name and address of the beneficiary of such Letter of Credit and (Ev) form of such Letter of Credit, with and shall be accompanied by such variations application and agreement for letter of credit as such the Issuing Bank reasonably may specify to the Borrower for use in connection with such requested Letter of Credit (a "LETTER OF CREDIT AGREEMENTLetter of Credit Agreement"). If the requested form of such Letter of Credit is acceptable to such the Issuing Bank Bank, in its sole discretion, such the Issuing Bank will, upon fulfillment of the applicable conditions set forth in Article III3, make such Letter of Credit available to the applicable Borrower at its office referred to in Section 9.02 11.2 or as otherwise agreed with the such Borrower in connection with such issuance. In the event and to the extent that the provisions of any such Letter of Credit Agreement shall conflict with this Agreement, the provisions of this Agreement shall govern.
Appears in 1 contract
Request for Issuance. Each Letter of Credit shall be issued upon notice, given not later than 11:00 A.M. Noon (New York City time) on the third Business Day prior to the date of the proposed issuance of such Letter of Credit, by the applicable Borrower Company to any Issuing Bank, which shall give to the Administrative Agent and the applicable Issuing Bankeach Revolving Credit Lender prompt notice thereof by telex or telecopier. Each such notice of issuance of a Letter of Credit (a "NOTICE OF ISSUANCENotice of Issuance") shall be by telephone, confirmed immediately in writing, or telex or telecopier, specifying therein the requested (A) date of such issuance (which shall be a Business Day), (B) Available Amount of such Letter of Credit, (C) expiration date of such Letter of Credit, (D) name and address of the beneficiary of such Letter of Credit and (E) form of such Letter of Credit, with and shall be accompanied by such variations application and agreement for letter of credit as such Issuing Bank reasonably may specify to the Borrower Company for use in connection with such requested Letter of Credit (a "LETTER OF CREDIT AGREEMENTLetter of Credit Agreement"). If the requested form of such Letter of Credit is acceptable to such Issuing Bank in its sole discretion, such Issuing Bank will, upon fulfillment of the applicable conditions set forth in Article III, make such Letter of Credit available to the applicable Borrower Company at its office referred to in Section 9.02 or as otherwise agreed with the such Borrower Company in connection with such issuance. In the event and to the extent that the provisions of any Letter of Credit Agreement shall conflict with this Agreement, the provisions of this Agreement shall govern.
Appears in 1 contract
Samples: Credit Agreement (WHX Corp)
Request for Issuance. Each Letter of Credit shall be issued upon notice, given not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed issuance of such Letter of Credit, by the applicable Borrower to the Administrative Agent and the applicable Issuing Bank. Each such notice of issuance of a Letter of Credit (a "NOTICE OF ISSUANCENotice of Issuance") shall be by telephone, confirmed immediately in writing, or telex or telecopier, specifying therein the requested (A) date of such issuance (which shall be a Business Day), (B) Available Amount of such Letter of Credit, (C) expiration date of such Letter of Credit, (D) name and address of the beneficiary of such Letter of Credit and (E) form of such Letter of Credit, with and shall be accompanied by such variations application and agreement for letter of credit as such the Issuing Bank reasonably may specify to the Borrower for use in connection with such requested Letter of Credit (a "LETTER OF CREDIT AGREEMENTLetter of Credit Agreement"). If the requested form of such Letter of Credit is acceptable to such the Issuing Bank in its sole discretion, such the Issuing Bank will, upon fulfillment of the applicable conditions set forth in Article III, make such Letter of Credit available to the applicable Borrower at its office referred to in Section 9.02 8.02 or as otherwise agreed with the such Borrower in connection with such issuance. In the event and to the extent that the provisions of any Letter of Credit Agreement shall conflict with this Agreement, the provisions of this Agreement shall govern.
Appears in 1 contract
Request for Issuance. Each Letter of Credit shall be issued upon notice, given not later than 11:00 A.M. (New York City time) on the third fifth Business Day prior to the date of the proposed issuance of such Letter of Credit, by the applicable Borrower to the Issuing Bank, which shall give to the Administrative Agent and the applicable Issuing Bankeach Revolving Credit Lender prompt notice thereof by telex or telecopier. Each such notice of issuance of a Letter of Credit (a "NOTICE OF ISSUANCENotice of Issuance") shall be by telephone, confirmed immediately in writing, or telex or telecopier, specifying therein the requested (Ai) date of such issuance (which shall be a Business Day), (Bii) Available Amount of such Letter of Credit, (Ciii) expiration date of such Letter of Credit, (Div) name and address of the beneficiary of such Letter of Credit and (Ev) form of such Letter of Credit, with and shall be accompanied by such variations application and agreement for letter of credit as such the Issuing Bank reasonably may specify to the Borrower for use in connection with such requested Letter of Credit (a "LETTER OF CREDIT AGREEMENTLetter of Credit Agreement"). If the requested form of such Letter of Credit is reasonably acceptable to such the Issuing Bank in its sole discretionBank, such the Issuing Bank will, upon fulfillment of the applicable conditions set forth in Article III3, make such Letter of Credit available to the applicable Borrower at its office referred to in Section 9.02 11.2 or as otherwise agreed with the such Borrower in connection with such issuance. In the event and to the extent that the provisions of any such Letter of Credit Agreement shall conflict with this Agreement, the provisions of this Agreement shall govern.
Appears in 1 contract