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

Requests for Issuance of Letters of Credit. The Borrower shall give the Agent written notice (or telephonic notice promptly confirmed in writing) at least 5 Business Days prior to the requested date of issuance of a Letter of Credit, such notice to describe in reasonable detail the proposed terms of such Letter of Credit and the nature of the transactions or obligations proposed to be supported by such Letter of Credit, and in any event shall set forth with respect to such Letter of Credit the proposed (i) Stated Amount, (ii) beneficiary, and (iii) expiration date. The Borrower shall also execute and deliver such customary letter of credit application forms as requested from time to time by the Agent. Provided the Borrower has given the notice prescribed by the first sentence of this subsection and subject to the other terms and conditions of this Agreement, including the satisfaction of any applicable conditions precedent set forth in Article VI., the Agent shall issue the requested Letter of Credit on the requested date of issuance for the benefit of the stipulated beneficiary. The Agent shall not at any time be obligated to issue any Letter of Credit if such issuance would conflict with, or cause the Agent or any Lender to exceed any limits imposed by, any Applicable Law. References herein to “issue” and derivations thereof with respect to Letters of Credit shall also include extensions or modifications of any outstanding Letters of Credit, unless the context otherwise requires. Upon the written request of the Borrower, the Agent shall deliver to the Borrower a copy of each issued Letter of Credit within a reasonable time after the date of issuance thereof. To the extent any term of a Letter of Credit Document is inconsistent with a term of any Loan Document, the term of such Loan Document shall control.

Appears in 1 contract

Samples: Credit Agreement (U-Store-It Trust)

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Requests for Issuance of Letters of Credit. The Borrower shall give the Administrative Agent written notice (or telephonic notice promptly confirmed in writing) at least 5 no later than 9:00 a.m. three Business Days prior to the requested date of issuance of a Letter of Credit, such notice to describe in reasonable detail the proposed terms of such Letter of Credit and the nature of the transactions or obligations proposed to be supported by such Letter of Credit, and in any event shall set forth with respect to such Letter of Credit the proposed (i) the proposed initial Stated Amount, (ii) beneficiarythe beneficiary or beneficiaries, and (iii) whether such Letter of Credit is a commercial or standby letter of credit and (iv) the proposed expiration date. The Borrower shall also execute and deliver such customary letter of credit application forms as requested from time to time by the Administrative Agent. Provided the Borrower has given the notice prescribed by the first sentence of this subsection Section 2.9.(a) and subject to Section 2.13. and the other terms and conditions of this Agreement, including the satisfaction of any applicable conditions precedent set forth in Article VI.V., the Administrative Agent shall issue the requested Letter of Credit on the requested date of issuance for issuance. The Administrative Agent shall promptly provide notice to the benefit Lenders of the stipulated beneficiary. The Agent shall not at any time be obligated to issue issuance of any Letter of Credit if issued hereunder which notice shall set forth each Lender's pro rata share of (1) such issuance would conflict with, or cause the Agent or any Lender to exceed any limits imposed by, any Applicable Law. References herein to “issue” Letter of Credit and derivations thereof with respect to (2) all Letters of Credit shall also include extensions or modifications of any outstanding Letters of Credit, unless the context otherwise requiresthen outstanding. Upon the written request of the Borrower, the Administrative Agent (x) shall make reasonable efforts to deliver to the Borrower a copy of any Letter of Credit proposed to be issued hereunder prior to the issuance thereof and (y) shall deliver to the Borrower a copy of each issued Letter of Credit within a reasonable time after the date of issuance thereof. To the extent any term of a Letter of Credit Document is inconsistent with a term of any Loan Document, the term of such Loan Document shall control.

Appears in 1 contract

Samples: Credit Agreement (CNL American Properties Fund Inc)

Requests for Issuance of Letters of Credit. The Borrower shall give the Agent written notice (or telephonic notice promptly confirmed in writing) at least 5 no later than 9:00 a.m. two Business Days prior to the requested date of issuance of a Letter of Credit, such notice to describe in reasonable detail the proposed terms of such Letter of Credit and the nature of the transactions or obligations proposed to be supported by such Letter of Credit, and in any event shall set forth with respect to such Letter of Credit the proposed (i) the proposed initial Stated Amount, (ii) beneficiarythe beneficiary or beneficiaries, and (iii) the proposed expiration date. The Borrower shall also execute and deliver such customary letter of credit application forms as requested from time to time by the Agent. Provided the Borrower has given the notice prescribed by the first sentence of this subsection and subject to the other terms and conditions of this Agreement, including the satisfaction of any applicable conditions precedent set forth in Article VI., the Agent shall issue the requested Letter of Credit on the requested date of issuance for the benefit of the stipulated beneficiaryissuance. The Agent shall not at any time be obligated promptly provide notice to issue the Lenders of the issuance of any Letter of Credit if issued hereunder which notice shall set forth each Lender's pro rata share of (1) such issuance would conflict with, or cause the Agent or any Lender to exceed any limits imposed by, any Applicable Law. References herein to “issue” Letter of Credit and derivations thereof with respect to (2) all Letters of Credit shall also include extensions or modifications of any outstanding Letters of Credit, unless the context otherwise requiresthen outstanding. Upon the written request of the Borrower, the Agent (x) shall make reasonable efforts to deliver to the Borrower a copy of any Letter of Credit proposed to be issued hereunder prior to the issuance thereof and (y) shall deliver to the Borrower a copy of each issued Letter of Credit within a reasonable time after the date of issuance thereof. To the extent any term of a Letter of Credit Document is inconsistent with a term of any Loan Document, the term of such Loan Document shall control.

Appears in 1 contract

Samples: Credit Agreement (First Washington Realty Trust Inc)

Requests for Issuance of Letters of Credit. The Borrower shall give ------------------------------------------ the Administrative Agent written notice (or telephonic notice promptly confirmed in writing) at least 5 no later than 9:00 a.m. two Business Days prior to the requested date of issuance of a Letter of Credit, such notice to describe in reasonable detail the proposed terms of such Letter of Credit and the nature of the transactions or obligations proposed to be supported by such Letter of Credit, and in any event shall set forth with respect to such Letter of Credit the proposed (i) the proposed initial Stated Amount, (ii) beneficiarythe beneficiary or beneficiaries, and (iii) whether such Letter of Credit is a commercial or standby letter of credit and (iv) the proposed expiration date. The Borrower shall also execute and deliver such customary letter of credit application forms as requested from time to time by the Administrative Agent. Provided the Borrower has given the notice prescribed by the first sentence of this subsection Section 2.3.(a) and subject to Section 2.14. and the other terms and conditions of this Agreement, including the satisfaction of any applicable conditions precedent set forth in Article VI., the Administrative Agent shall issue the requested Letter of Credit on the requested date of issuance for issuance. The Administrative Agent shall promptly provide notice to the benefit Lenders of the stipulated beneficiary. The Agent shall not at any time be obligated to issue issuance of any Letter of Credit if issued hereunder which notice shall set forth each Lender's pro rata share of (1) such issuance would conflict with, or cause the Agent or any Lender to exceed any limits imposed by, any Applicable Law. References herein to “issue” Letter of Credit and derivations thereof with respect to (2) all Letters of Credit shall also include extensions or modifications of any outstanding Letters of Credit, unless the context otherwise requiresthen outstanding. Upon the written request of the Borrower, the Administrative Agent (x) shall make reasonable efforts to deliver to the Borrower a copy of any Letter of Credit proposed to be issued hereunder prior to the issuance thereof and (y) shall deliver to the Borrower a copy of each issued Letter of Credit within a reasonable time after the date of issuance thereof. To the extent any term of a Letter of Credit Document is inconsistent with a term of any Loan Document, the term of such Loan Document shall control.

Appears in 1 contract

Samples: Federal Realty Investment Trust

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Requests for Issuance of Letters of Credit. The Borrower shall give the Agent Issuing Lender written notice (or telephonic notice promptly confirmed in writing) at least 5 five (5) Business Days prior to the requested date of issuance of a Letter of Credit, such notice to describe in reasonable detail the proposed terms of such Letter of Credit and the nature of the transactions or obligations proposed to be supported by such Letter of Credit, and in any event shall set forth with respect to such Letter of Credit the proposed (i) the proposed initial Stated Amount, (ii) beneficiarythe beneficiary or beneficiaries, and (iii) the proposed expiration date. The Borrower shall also execute and deliver such customary letter of credit application forms as requested from time to time by the AgentIssuing Lender. Provided the Borrower has given the notice prescribed by the first sentence of this subsection and subject to Section 2.14 and the other terms and conditions of this Agreement, including including, without limitation, the satisfaction of any applicable conditions precedent set forth in Article VI.V, the Agent Issuing Lender shall issue the requested Letter of Credit on the requested date of issuance for the benefit of the stipulated beneficiary. The Agent shall not at any time be obligated to issue any beneficiary and will notify each Lender of the issuance of such Letter of Credit if such within a reasonable time after the issuance would conflict with, or cause the Agent or any thereof. The Issuing Lender to exceed any limits imposed by, any Applicable Law. References herein to “issue” and derivations thereof with respect to Letters of Credit shall also include extensions or modifications of any outstanding Letters of Credit, unless the context otherwise requires. Upon the written request of the Borrower, the Agent shall deliver to the Borrower a copy of each issued Letter of Credit within a reasonable time after the date of issuance thereof. To the extent any term of a Letter of Credit Document is inconsistent with a term of any Loan Document, the term of such Loan Document shall control.

Appears in 1 contract

Samples: Credit Agreement (Gables Realty Limited Partnership)

Requests for Issuance of Letters of Credit. The Borrower shall give ------------------------------------------ the Administrative Agent written notice (or telephonic notice promptly confirmed in writing) at least 5 no later than 9:00 a.m. three Business Days prior to the requested date of issuance of a Letter of Credit, such notice to describe in reasonable detail the proposed terms of such Letter of Credit and the nature of the transactions or obligations proposed to be supported by such Letter of Credit, and in any event shall set forth with respect to such Letter of Credit the proposed (i) the proposed initial Stated Amount, (ii) beneficiarythe beneficiary or beneficiaries, and (iii) whether such Letter of Credit is a commercial or standby letter of credit and (iv) the proposed expiration date. The Borrower shall also execute and deliver such customary letter of credit application forms as requested from time to time by the Administrative Agent. Provided the Borrower has given the notice prescribed by the first sentence of this subsection and subject to Section 2.13. and the other terms and conditions of this Agreement, including the satisfaction of any applicable conditions precedent set forth in Article VI.V., the Administrative Agent shall issue the requested Letter of Credit on the requested date of issuance for issuance. The Administrative Agent shall promptly provide notice to the benefit Lenders of the stipulated beneficiary. The Agent shall not at any time be obligated to issue issuance of any Letter of Credit if issued hereunder which notice shall set forth each Lender's pro rata share of (1) such issuance would conflict with, or cause the Agent or any Lender to exceed any limits imposed by, any Applicable Law. References herein to “issue” Letter of Credit and derivations thereof with respect to (2) all Letters of Credit shall also include extensions or modifications of any outstanding Letters of Credit, unless the context otherwise requiresthen outstanding. Upon the written request of the Borrower, the Administrative Agent (x) shall make reasonable efforts to deliver to the Borrower a copy of any Letter of Credit proposed to be issued hereunder prior to the issuance thereof and (y) shall deliver to the Borrower a copy of each issued Letter of Credit within a reasonable time after the date of issuance thereof. To the extent any term of a Letter of Credit Document is inconsistent with a term of any Loan Document, the term of such Loan Document shall control.

Appears in 1 contract

Samples: Credit Agreement (CNL American Properties Fund Inc)

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