Common use of Requesting Letters of Credit Clause in Contracts

Requesting Letters of Credit. Borrower must make written application for any Letter of Credit or amendment or extension of any Letter of Credit at least five (5) Business Days (or such shorter period as Lender may in its discretion from time to time agree) before the date on which Borrower desires for Lender to issue such Letter of Credit. By making any such written application (unless otherwise expressly stated therein) Borrower shall be deemed to have represented and warranted that the LC Conditions described in Section 2.8 will be met as of the date of issuance of such Letter of Credit. Each such written application for a Letter of Credit must be made in writing in the form customarily used by Lender, the terms and provisions of which are hereby incorporated herein by reference (or in such other form as may mutually be agreed upon by Lender and Borrower). After the LC Conditions for a Letter of Credit have been met as described in Section 2.8 (or if Lender otherwise desires to issue such Letter of Credit earlier), Lender will issue such Letter of Credit at Lender’s office in Houston, Texas. If any provisions of any LC Application conflict with any provisions of this Agreement, the provisions of this Agreement shall govern and control. Borrower shall promptly examine a copy of each Letter of Credit and each amendment thereto that is delivered to it and, in the event of any claim of noncompliance with Borrower’s instructions or other irregularity, Borrower will immediately notify Lender.

Appears in 3 contracts

Samples: Credit Agreement (Forbes Energy Services Ltd.), Credit Agreement (Forbes Energy Services LLC), Credit Agreement (Forbes Energy Services Ltd.)

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Requesting Letters of Credit. Borrower must make written application for any Letter of Credit or amendment or extension of any Letter of Credit at least five two (52) Business Days (or such shorter period as Lender LC Issuer may in its discretion from time to time agree) before the date on which Borrower desires for Lender LC Issuer to issue such Letter of Credit. By making any such written application (unless otherwise expressly stated therein) Borrower shall be deemed to have represented and warranted that the LC Conditions described in Section 2.8 2.11 will be met as of the date of issuance of such Letter of Credit. Each such written application for a Letter of Credit must be made in writing in the form customarily used by Lenderand substance of Exhibit 2.10, the terms and provisions of which are hereby incorporated herein by reference (or in such other form as may mutually be agreed upon by Lender LC Issuer and Borrower). After Two (2) Business Days after the LC Conditions for a Letter of Credit have been met as described in Section 2.8 (or if Lender LC Issuer otherwise desires to issue such Letter of Credit earlierCredit), Lender LC Issuer will issue such Letter of Credit at LenderLC Issuer’s office in Houston, Texas. If any provisions of any LC Application conflict with any provisions of this Agreement, the provisions of this Agreement shall govern and control. Borrower shall promptly examine a copy of each Letter of Credit and each amendment thereto that is delivered to it and, in the event of any claim of noncompliance with Borrower’s instructions or other irregularity, Borrower will immediately promptly notify LenderLC Issuer.

Appears in 3 contracts

Samples: Credit Agreement (Comfort Systems Usa Inc), Credit Agreement (Comfort Systems Usa Inc), Credit Agreement (Comfort Systems Usa Inc)

Requesting Letters of Credit. Borrower must make written application for any Letter of Credit or amendment or extension of any Letter of Credit at least five two (52) Business Days (or such shorter period as Lender LC Issuer may in its discretion from time to time agree) before the date on which Borrower desires for Lender LC Issuer to issue such Letter of Credit. By making any such written application (unless otherwise expressly stated therein) application, Borrower shall be deemed to have represented and warranted that the LC Conditions described in Section 2.8 2.11 will be met as of the date of issuance of such Letter of Credit. Each such written application for a Letter of Credit must be made in writing in the form customarily used by Lenderand substance of Exhibit 2.10, the terms and provisions of which are hereby incorporated herein by reference (or in such other form as may mutually be agreed upon by Lender LC Issuer and Borrower). After Two (2) Business Days after the LC Conditions for a Letter of Credit have been met as described in Section 2.8 (or if Lender LC Issuer otherwise desires to issue such Letter of Credit earlierCredit), Lender LC Issuer will issue such Letter of Credit at LenderLC Issuer’s office in Houston, Texas. If any provisions of any LC Application conflict with any provisions of this Agreement, the provisions of this Agreement shall govern and control. Borrower shall promptly examine a copy of each Letter of Credit and each amendment thereto that is delivered to it and, in the event of any claim of noncompliance with Borrower’s instructions or other irregularity, Borrower will immediately promptly notify LenderLC Issuer.

Appears in 2 contracts

Samples: Credit Agreement (Comfort Systems Usa Inc), Credit Agreement (Comfort Systems Usa Inc)

Requesting Letters of Credit. The Borrower must make a written application request for any Letter of Credit or amendment or extension of any Letter of Credit at least five (5) three Business Days (or such shorter period as Lender may in its discretion from time to time agreebe agreed upon by the LC Issuer) before the date on which the Borrower desires for Lender the LC Issuer to issue such Letter of Credit. By making any such written application (request, unless otherwise expressly stated therein) , the Borrower shall be deemed to have represented and warranted that the LC Conditions described in Section 2.8 will be met as of the date of issuance of such Letter of Credit. Each such written application request for a Letter of Credit must be made in writing in the form customarily used by Lender, of the terms and provisions Letter of which are hereby incorporated herein by reference (or in such other form as may mutually be agreed upon by Lender and Borrower)Credit Request. After the If all LC Conditions for a Letter of Credit have been met as described in Section 2.8 (or if Lender otherwise desires to issue such Letter of Credit earlier)on any Business Day before 11:00 a.m., Lender LC Issuer will issue such Letter of Credit on the same Business Day at LenderLC Issuer’s office in HoustonLending Office. If the LC Conditions are met on any Business Day on or after 11:00 a.m., TexasLC Issuer will issue such Letter of Credit on the next succeeding Business Day at LC Issuer’s Lending Office. If any provisions of any LC Application Letter of Credit Request conflict with any provisions of this Agreement, the provisions of this Agreement shall govern and control. Unless otherwise directed by the LC Issuer, the Borrower shall promptly examine not be required to make a copy specific request to the LC Issuer for any extension of each an Auto-Extension Letter of Credit. Once an Auto-Extension Letter of Credit and each amendment thereto that is delivered to it and, in the event of any claim of noncompliance with Borrower’s instructions or other irregularity, Borrower will immediately notify Lender.has been issued,

Appears in 1 contract

Samples: Credit Agreement (Energy Transfer Equity, L.P.)

Requesting Letters of Credit. The Borrower must make written application for any Letter of Credit or amendment or extension of any Letter of Credit ("LC Application") at least five (5) three Business Days (or such shorter period as Lender may in its discretion from time to time agree) before the date on which the Borrower desires for Lender to issue such Letter of CreditCredit to be issued, by delivering such LC Application to the Agent. The Agent shall promptly deliver such LC Application to LC Issuer. By making any such written application (unless otherwise expressly stated therein) LC Application the Borrower shall be deemed to have represented and warranted to each Lender and LC Issuer that the LC Conditions described in Section 2.8 Subsection (a) will be met as of the date of issuance of such Letter of Credit. Each such written application LC Application for a Letter of Credit must be made in writing in the form customarily used by Lenderand substance acceptable to LC Issuer, the terms and provisions of which are hereby incorporated herein by reference (reference, provided that no such LC Application may impose any fee or in such other form as may mutually be agreed upon requirement for additional Collateral above and beyond those fees and collateral requirements imposed by Lender and Borrower)this Agreement. After Two Business Days after the LC Conditions for a Letter of Credit have been met as described in Section 2.8 Subsection (a) (or if Lender an LC Issuer otherwise desires to issue such Letter of Credit earlierCredit), Lender LC Issuer will issue such Letter of Credit at Lender’s office in HoustonLC Issuer's office, Texasand will provide the Agent with a specimen copy of the Letter of Credit so issued. If any provisions of any LC Application conflict with any provisions of this Agreement, the provisions of this Agreement shall govern and control. Borrower shall promptly examine a copy of each Letter of Credit and each amendment thereto that is delivered to it and, in the event of any claim of noncompliance with Borrower’s instructions or other irregularity, Borrower will immediately notify Lender.

Appears in 1 contract

Samples: Loan Agreement (Ascent Energy Inc)

Requesting Letters of Credit. Borrower must make written application for any Letter of Credit or amendment or extension of any Letter of Credit at least five two (52) Business Days (or such shorter period as Lender LC Issuer may in its discretion from time to time agree) before the date on which Borrower desires for Lender LC Issuer to issue such Letter of Credit. By making any such written application (unless otherwise expressly stated therein) Borrower shall be deemed to have represented and warranted that the LC Conditions described in Section 2.8 2.11 will be met as of the date of issuance of such Letter of Credit. Each such written application for a Letter of Credit must be made in writing in the form customarily used by Lenderand substance of Exhibit 2.10, the terms and provisions of which are hereby incorporated herein by reference (or in such other form as may mutually be agreed upon by Lender LC Issuer and Borrower). After Two Business Days after the LC Conditions for a Letter of Credit have been met as described in Section 2.8 2.11 (or if Lender LC Issuer otherwise desires to issue such Letter of Credit earlierCredit), Lender LC Issuer will issue such Letter of Credit at LenderLC Issuer’s office in Houston, Texas. If any provisions of any LC Application conflict with any provisions of this Agreement, the provisions of this Agreement shall govern and control. Borrower shall promptly examine a copy of each Letter of Credit and each amendment thereto that is delivered to it and, in the event of any claim of noncompliance with Borrower’s instructions or other irregularity, Borrower will immediately promptly notify LenderLC Issuer.

Appears in 1 contract

Samples: Credit Agreement (Comfort Systems Usa Inc)

Requesting Letters of Credit. The Borrower must make written application for any Letter of Credit or amendment or extension of any Letter of Credit at least five two (52) Business Days (or such shorter period as Lender the LC Issuer may in its discretion and from time to time agree) before the date on which the Borrower desires for Lender the LC Issuer to issue issue, increase, or extend such Letter of Credit. By making any such written application (application, unless otherwise expressly stated therein) , the Borrower shall be deemed to have represented and warranted that the LC Conditions described in Section 2.8 2.9 (other than clause (g) thereof) will be met as of the date of issuance issuance, increase, or extension of such Letter of Credit. Each such written application for a Letter of Credit must be made in writing in on the form customarily used by LenderLC Issuer’s customary form, the terms and provisions of which are hereby incorporated herein by reference (or in such other form as may mutually be agreed upon by Lender the LC Issuer and the Borrower). After Promptly after the LC Conditions for a Letter of Credit have been met as described in Section 2.8 2.9 (or if Lender the LC Issuer otherwise desires to issue such Letter of Credit earlierCredit), Lender the LC Issuer will issue such Letter of Credit at Lenderthe LC Issuer’s office in Houston, TexasLending Office. If any provisions of any LC Application conflict with any provisions of this Agreement, the provisions of this Agreement shall govern and control. The Borrower shall promptly examine a copy of each Letter of Credit and each amendment thereto that is delivered to it and, in the event of any claim of noncompliance with the Borrower’s instructions or other irregularity, the Borrower will immediately notify Lenderthe LC Issuer.

Appears in 1 contract

Samples: Loan Agreement (Acacia Research Corp)

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Requesting Letters of Credit. Borrower must make written application for any Letter of Credit or amendment or extension of any Letter of Credit at least five (5) 2 Business Days (or such shorter period as Lender may in its discretion from time to time agree) before the date on which Borrower desires for Lender LC Issuer to issue such Letter of Credit. By making any such written application (unless otherwise expressly stated therein) Borrower shall be deemed to have represented and warranted that the LC Conditions described in Section 2.8 2.9 will be met as of the date of issuance of such Letter of Credit. Each such written application for a Letter of Credit must be made in writing in the form customarily used by Lenderon LC Issuer’s customary form, the terms and provisions of which are hereby incorporated herein by reference (or in such other form as may mutually be agreed upon by Lender LC Issuer and Borrower). After Promptly after the LC Conditions for a Letter of Credit have been met as described in Section 2.8 2.9 (or if Lender LC Issuer otherwise desires to issue such Letter of Credit earlierCredit), Lender LC Issuer will issue such Letter of Credit at LenderLC Issuer’s office in HoustonTulsa, TexasOklahoma (or, with respect to any Supported Letter of Credit, at such office of LC Issuer that it deems appropriate). If any provisions of any LC Application conflict with any provisions of this Agreement, the provisions of this Agreement shall govern and control. Borrower shall promptly examine a copy of each Letter of Credit and each amendment thereto that is delivered to it and, in the event of any claim of noncompliance with Borrower’s instructions or other irregularity, Borrower will immediately notify LenderLC Issuer.

Appears in 1 contract

Samples: Credit Agreement (Unit Corp)

Requesting Letters of Credit. Borrower must make written application for any Letter of Credit or amendment or extension of any Letter of Credit at least five (5) 2 Business Days (or such shorter period as Lender may in its discretion from time to time agree) before the date on which Borrower desires for Lender LC Issuer to issue such Letter of Credit. By making any such written application (unless otherwise expressly stated therein) Borrower shall be deemed to have represented and warranted that the LC Conditions described in Section 2.8 2.9 will be met as of the date of issuance of such Letter of Credit. Each such written application for a Letter of Credit must be made in writing in the form customarily used by Lenderon LC Issuer’s customary form, the terms and provisions of which are hereby incorporated herein by reference (or in such other form as may mutually be agreed upon by Lender LC Issuer and Borrower). After Promptly after the LC Conditions for a Letter of Credit have been met as described in Section 2.8 2.9 (or if Lender LC Issuer otherwise desires to issue such Letter of Credit earlierCredit), Lender LC Issuer will issue such Letter of Credit at LenderLC Issuer’s office in HoustonDenver, TexasColorado (or, with respect to any Supported Letter of Credit, at such office of LC Issuer that it deems appropriate). If any provisions of any LC Application conflict with any provisions of this Agreement, the provisions of this Agreement shall govern and control. Borrower shall promptly examine a copy of each Letter of Credit and each amendment thereto that is delivered to it and, in the event of any claim of noncompliance with Borrower’s instructions or other irregularity, Borrower will immediately notify LenderLC Issuer.

Appears in 1 contract

Samples: Credit Agreement

Requesting Letters of Credit. A Borrower must make written application for any Letter of Credit or amendment or extension of any Letter of Credit at least five (5) 2 Business Days (or such shorter period as Lender may in its discretion from time to time agree) before the date on which such Borrower desires for Lender LC Issuer to issue such Letter of Credit. By making any such written application (unless otherwise expressly stated therein) application, a Borrower shall be deemed to have represented and warranted that the LC Conditions described in Section 2.8 2.10 will be met as of the date of issuance of such Letter of Credit. Each such written application for a Letter of Credit must be made in writing in the form customarily used by Lenderon LC Issuer’s customary form, the terms and provisions of which are hereby incorporated herein by reference (or in such other form as may mutually be agreed upon by Lender LC Issuer and Borrower). After Promptly after the LC Conditions for a Letter of Credit have been met as described in Section 2.8 2.10 (or if Lender LC Issuer otherwise desires to issue such Letter of Credit earlierCredit), Lender LC Issuer will issue such Letter of Credit at LenderLC Issuer’s office in HoustonTulsa, TexasOklahoma. If any provisions of any LC Application conflict with any provisions of this Agreement, the provisions of this Agreement shall govern and control. Borrower Borrowers shall promptly examine a copy of each Letter of Credit and each amendment thereto that is delivered to it them and, in the event of any claim of noncompliance with Borrower’s Borrowers' instructions or other irregularity, Borrower Borrowers will immediately notify LenderLC Issuer.

Appears in 1 contract

Samples: Loan Agreement (Aaon, Inc.)

Requesting Letters of Credit. Borrower must make written application for any Letter of Credit or amendment or extension of any Letter of Credit at least five two (52) Business Days (or such shorter period as Lender LC Issuer may in its discretion from time to time agree) before the date on which Borrower desires for Lender LC Issuer to issue such Letter of Credit. By making any such written application (unless otherwise expressly stated therein) Borrower shall be deemed to have represented and warranted that the LC Conditions described in Section 2.8 2.11 will be met as of the date of issuance of such Letter of Credit. Each such written application for a Letter of Credit must be made in writing in the form customarily used by Lenderand substance of Exhibit 2.10, the terms and provisions of which are hereby incorporated herein by reference (or in such other form as may mutually be agreed upon by Lender LC Issuer and Borrower). After Two Business Days after the LC Conditions for a Letter of Credit have been met as described in Section 2.8 2.11 (or if Lender LC Issuer otherwise desires to issue such Letter of Credit earlierCredit), Lender LC Issuer will issue such Letter of Credit at Lender’s LC Issuer's office in Houston, Texas. If any provisions of any LC Application conflict with any provisions of this Agreement, the provisions of this Agreement shall govern and control. Borrower shall promptly examine a copy of each Letter of Credit and each amendment thereto that is delivered to it and, in the event of any claim of noncompliance with Borrower’s 's instructions or other irregularity, Borrower will immediately promptly notify LenderLC Issuer.

Appears in 1 contract

Samples: Credit Agreement (Comfort Systems Usa Inc)

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