Common use of Requests for Issuance Clause in Contracts

Requests for Issuance. Each Letter of Credit shall be issued or amended, as the case may be, upon the request of a Borrower delivered to the applicable L/C Issuer (with a copy to the Administrative Agent) in the form of a Letter of Credit Application, appropriately completed and signed by an authorized officer of the Applicable Borrower. Such Letter of Credit Application must be received by the applicable L/C Issuer and the Administrative Agent not later than 11:00 a.m. at least five Business Days prior to the proposed issuance date or date of amendment, as the case may be, or such later date and time as the Administrative Agent and such L/C 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 Letter of Credit Application shall specify in form and detail satisfactory to the 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) such other matters as such L/C Issuer may require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the applicable L/C Issuer (A) the Letter of Credit to be amended; (B) the proposed date of amendment thereof (which shall be a Business Day); (C) the nature of the proposed amendment; and (D) such other matters as such L/C Issuer may require. Additionally, the Applicable Borrower shall furnish to 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 such L/C Issuer or the Administrative Agent may require.

Appears in 4 contracts

Samples: Credit Agreement (Armstrong Flooring, Inc.), Credit Agreement (Armstrong World Industries Inc), Credit Agreement (Armstrong World Industries Inc)

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Requests for Issuance. Each Letter of Credit shall be issued Whenever the Borrower desires the issuance or amended, as the case may be, upon the request of a Borrower delivered to the applicable L/C Issuer extension (with a copy to the Administrative Agentother than an automatic extension) in the form of a Letter of Credit Application, appropriately completed and signed by an authorized officer of the Applicable Borrower. Such Letter of Credit Application must be received by the applicable L/C Issuer and the Administrative Agent not later than 11:00 a.m. at least five Business Days prior to the proposed issuance date or date of amendment, as the case may be, or such later date and time as the Administrative Agent and such L/C 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 it shall deliver to the Facing Agent and the Agent (with a duplicate copy to the Agent's Letter of Credit Application shall specify in form and detail satisfactory to the applicable department at One Bankers Trust Plaza, 100 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attn: Commercial Loan Division, Standby L/C IssuerUnit, 14th Floor for Standby Letters of Credit and to the Agent's Global Assets Letter of Credit Division, 100 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attn: Trade Letter of Credit, 12th Floor for Commercial Letters of Credit) a written notice in the form of Exhibit 2.12 hereto no later than 1:00 p.m., (ANew York City time) at least five (5) Business Days (or such shorter period as may be agreed to by the Facing Agent in any particular instance) in advance of the proposed date of issuance or extension. That notice shall specify (i) the proposed issuance date of the requested Letter of Credit issuance or extension (which shall be a Business Day); , (Bii) the amount thereof; type of Letter of Credit, (Ciii) the expiry Stated Amount of the Letter of Credit, (iv) the expiration date thereof; of the Letter of Credit, (Dv) the name and address of the beneficiary thereof; (Ewhich shall be a Permitted Beneficiary) and (vi) such other information as the Facing Agent may reasonably request. Prior to the date of issuance, the Borrower shall specify a precise description of the documents to be presented by such beneficiary in case of any drawing thereunder; (F) and the full verbatim text of any certificate to be presented by such the beneficiary in case which, if presented by the beneficiary on or prior to the expiration date of any drawing thereunder; and (G) such other matters as such L/C Issuer may require. In the case of a request for an amendment of any outstanding Letter of Credit, would require the Facing Agent to make payment under the Letter of Credit; provided, however, that the Facing Agent, in its sole judgment, may require changes in any such documents and certificates. In determining whether to pay under any Letter of Credit, the Facing Agent shall be responsible only to determine that the documents and certificates required to be delivered under that Letter of Credit Application shall specify in form have been delivered and detail satisfactory to that they comply on their face with the applicable L/C Issuer (A) the requirements of that Letter of Credit to be amended; (B) Credit. In the proposed date event that any terms or conditions of such written notice of issuance or amendment thereof (which shall be a Business Day); (C) or any other document delivered in connection therewith are inconsistent with the nature terms and conditions of the proposed amendment; and (D) such other matters as such L/C Issuer may require. Additionallythis Agreement, the Applicable Borrower terms and conditions of this Agreement shall furnish to 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 such L/C Issuer or the Administrative Agent may requirecontrol.

Appears in 2 contracts

Samples: Credit Agreement (Stone Container Corp), Credit Agreement (Stone Container Corp)

Requests for Issuance. Each Letter of Credit shall be issued or amended, as the case may be, upon the request of a the Borrower delivered to the applicable L/C Issuer (with a copy to the Administrative Agent) in the form of a Letter of Credit Application, appropriately completed and signed by an authorized officer of the Applicable Borrower. Such Letter of Credit Application must be received by the applicable L/C Issuer and the Administrative Agent not later than 11:00 a.m. at least five (5) Business Days prior to the proposed issuance date or date of amendment, as the case may be, or such later date and time as the Administrative Agent and such the L/C 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 Letter of Credit Application shall specify in form and detail satisfactory to the 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; thereunder and (G) such other matters as such the L/C Issuer may require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the applicable L/C Issuer (A) the Letter of Credit to be amended; (B) the proposed date of amendment thereof (which shall be a Business Day); (C) the nature of the proposed amendment; amendment and (D) such other matters as such the L/C Issuer may require. Additionally, the Applicable Borrower shall furnish to 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 such the L/C Issuer or the Administrative Agent may require.

Appears in 2 contracts

Samples: Credit Agreement (Kraton Performance Polymers, Inc.), Credit Agreement (Kraton Polymers LLC)

Requests for Issuance. Each Letter of Credit shall be issued or amended, as the case may be, upon the request of a the Borrower delivered to the applicable L/C Issuer (with a copy to the Administrative Agent) in the form of a Letter of Credit Application, appropriately completed and signed by an authorized officer a Responsible Officer of the Applicable Borrower. 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 L/C Issuer, by personal delivery or by other means acceptable to the L/C Issuer. Such Letter of Credit Application must be received by the applicable L/C Issuer and the Administrative Agent not later than 11:00 a.m. at least five Business Days prior to the proposed issuance date or date of amendment, as the case may be, or such later date and time as the Administrative Agent and such L/C 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 Letter of Credit Application shall specify in form and detail satisfactory to the 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) such other matters as such L/C Issuer may require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the applicable L/C Issuer Issuer: (AA1) the Letter of Credit to be amended; (BB)2) the proposed date of amendment thereof (which shall be a Business Day); (CC3) the nature of the proposed amendment; and (DD4) such other matters as such L/C Issuer may require. Additionally, the Applicable Borrower shall furnish to 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 such L/C Issuer or the Administrative Agent may require.

Appears in 1 contract

Samples: Credit Agreement (Armstrong World Industries Inc)

Requests for Issuance. Each Letter of Credit shall be issued or amended, as the case may be, upon the request of a the Borrower delivered to the applicable L/C Issuer (with a copy to the Administrative Agent) in the form of a Letter of Credit Application, appropriately completed and signed by an authorized officer of the Applicable Borrower. Such Letter of Credit Application must be received by the applicable L/C Issuer and the Administrative Agent not later than 11:00 a.m. at least five Business Days prior to the proposed issuance date or date of amendment, as the case may be, or such later date and time as the Administrative Agent and such L/C 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 Letter of Credit Application shall specify in form and detail satisfactory to the 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) such other matters as such L/C Issuer may require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the applicable L/C Issuer (A) the Letter of Credit to be amended; (B) the proposed date of amendment thereof (which shall be a Business Day); (C) the nature of the proposed amendment; and (D) such other matters as such L/C Issuer may require. Additionally, the Applicable Borrower shall furnish to 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 such L/C Issuer or the Administrative Agent may require.

Appears in 1 contract

Samples: Credit Agreement (Armstrong World Industries Inc)

Requests for Issuance. Each Letter of Credit shall be issued Whenever the Borrower desires the issuance or amended, as the case may be, upon the request of a Borrower delivered to the applicable L/C Issuer extension (with a copy to the Administrative Agentother than an automatic extension) in the form of a Letter of Credit Application, appropriately completed and signed by an authorized officer of the Applicable Borrower. Such Letter of Credit Application must be received by the applicable L/C Issuer and the Administrative Agent not later than 11:00 a.m. at least five Business Days prior to the proposed issuance date or date of amendment, as the case may be, or such later date and time as the Administrative Agent and such L/C 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 it shall deliver to the Facing Agent and the Agent (with a duplicate copy to the Agent's Letter of Credit Application shall specify in form and detail satisfactory to the applicable department at One Bankers Trust Plaza, 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attn: Commercial Loan Division, Standby L/C IssuerUnit, 14th Floor for Standby Letters of Credit and to the Agent's Global Assets Letter of Credit Division, 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attn: Trade Letter of Credit, 12th Floor for Commercial Letters of Credit) a written notice in the form of EXHIBIT 2.12 hereto no later than 1:00 p.m., (ANew York City time) at least five (5) Business Days (or such shorter period as may be agreed to by the Facing Agent in any particular instance) in advance of the proposed date of issuance or extension. That notice shall specify (i) the proposed issuance date of the requested Letter of Credit issuance or extension (which shall be a Business Day); , (Bii) the amount thereof; type of Letter of Credit, (Ciii) the expiry Stated Amount of the Letter of Credit, (iv) the expiration date thereof; of the Letter of Credit, (Dv) the name and address of the beneficiary thereof; (Ewhich shall be a Permitted Beneficiary) and (vi) such other information as the Facing Agent may reasonably request. Prior to the date of issuance, the Borrower shall specify a precise description of the documents to be presented by such beneficiary in case of any drawing thereunder; (F) and the full verbatim text of any certificate to be presented by such the beneficiary in case which, if presented by the beneficiary on or prior to the expiration date of any drawing thereunder; and (G) such other matters as such L/C Issuer may require. In the case of a request for an amendment of any outstanding Letter of Credit, would require the Facing Agent to make payment under the Letter of Credit; PROVIDED, HOWEVER, that the Facing Agent, in its sole judgment, may require changes in any such documents and certificates. In determining whether to pay under any Letter of Credit, the Facing Agent shall be responsible only to determine that the documents and certificates required to be delivered under that Letter of Credit Application shall specify in form have been delivered and detail satisfactory to that they comply on their face with the applicable L/C Issuer (A) the requirements of that Letter of Credit to be amended; (B) Credit. In the proposed date event that any terms or conditions of such written notice of issuance or amendment thereof (which shall be a Business Day); (C) or any other document delivered in connection therewith are inconsistent with the nature terms and conditions of the proposed amendment; and (D) such other matters as such L/C Issuer may require. Additionallythis Agreement, the Applicable Borrower terms and conditions of this Agreement shall furnish to 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 such L/C Issuer or the Administrative Agent may requirecontrol.

Appears in 1 contract

Samples: Credit Agreement (Stone Container Corp)

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Requests for Issuance. Each Letter of Credit shall be issued or amended, as the case may be, upon the request of a the Borrower delivered to the applicable L/C Issuer (with a copy to the Administrative Agent) in the form of a Letter of Credit Application, appropriately completed and signed by an authorized officer a Responsible Officer of the Applicable Borrower. 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 L/C Issuer, by personal delivery or by other means acceptable to the L/C Issuer. Such Letter of Credit Application must be received by the applicable L/C Issuer and the Administrative Agent not later than 11:00 a.m. at least five Business Days prior to the proposed issuance date or date of amendment, as the case may be, or such later date and time as the Administrative Agent and such L/C 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 Letter of Credit Application shall specify in form and detail satisfactory to the 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) such other matters as such L/C Issuer may require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the applicable L/C Issuer (A) the Letter of Credit to be amended; (B) the proposed date of amendment thereof (which shall be a Business Day); (C) the nature of the proposed amendment; and (D) such other matters as such L/C Issuer may require. Additionally, the Applicable Borrower shall furnish to 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 such L/C Issuer or the Administrative Agent may require.

Appears in 1 contract

Samples: Credit Agreement (Armstrong World Industries Inc)

Requests for Issuance. Each Letter of Credit shall be issued or amended, as the case may be, upon the request of a the Borrower delivered to the applicable L/C Issuer (with a copy to the Administrative Agent) in the form of a Letter of Credit Application, appropriately completed and signed by an authorized officer a Responsible Officer of the Applicable Borrower. 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 L/C Issuer, by personal delivery or by other means acceptable to the L/C Issuer. Such Letter of Credit Application must be received by the applicable L/C Issuer and the Administrative Agent not later than 11:00 a.m. at least five Business Days prior to the proposed issuance date or date of amendment, as the case may be, or such later date and time as the Administrative Agent and such L/C 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 Letter of Credit Application shall specify in form and detail satisfactory to the 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) such other matters as such L/C Issuer may require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the applicable L/C Issuer Issuer: (A1) the Letter of Credit to be amended; (B2) the proposed date of amendment thereof (which shall be a Business Day); (C3) the nature of the proposed amendment; and (D4) such other matters as such L/C Issuer may require. Additionally, the Applicable Borrower shall furnish to 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 such L/C Issuer or the Administrative Agent may require.

Appears in 1 contract

Samples: Credit Agreement (Armstrong World Industries Inc)

Requests for Issuance. Each Facility Letter of Credit shall be issued or amended, as the case may be, amended upon the request of a Borrower delivered to the applicable L/C Issuer (with a copy to the Administrative Agent) in the form of a Letter of Credit Application, appropriately completed and signed by an authorized officer of the Applicable Borrower. Such Letter of Credit Application must be received by the applicable L/C Issuer and the Administrative Agent not later than 11:00 a.m. notice given at least five three (3) Business Days Days' prior to the proposed issuance date or date of amendment, as the case may be, (or such later date shorter period as may be agreed to by the proposed Issuing Bank) in accordance herewith and time as with the Administrative Agent terms of any separate agreement, instrument or other document, if any, between the Borrower and the proposed Issuing Bank thereof providing for the issuance or amendment of such L/C Issuer may agree in Facility Letter of Credit pursuant to this Agreement and containing terms and conditions not inconsistent with this Agreement (a particular instance in their sole discretion"Letter of Credit Application"), provided that if any such terms and conditions are inconsistent with this Agreement, this Agreement shall control. In the case of a Each such request for an initial the issuance of a Letter of Credit, such Facility Letter of Credit Application (an "LOC Request") shall specify be given in form and detail satisfactory to the applicable L/C Issuer: writing, specifying (Ai) the proposed issuance requested date of the requested Letter of Credit such issuance (which shall be a Business Day); , (Bii) the amount thereof; of such Facility Letter of Credit (Cwhich shall not be less than $5,000 but not more than the LOC Availability), (iii) the expiry expiration date thereof; of such Facility Letter of Credit, (Div) the name and address of the beneficiary thereof; of such Facility Letter of Credit, (Ev) the terms of such Facility Letter of Credit (including a precise description of the documents to be presented by such beneficiary in case of any drawing thereunder; (F) and the full text of any certificate to be presented delivered by the beneficiary of such beneficiary Facility Letter of Credit in case of any connection with a drawing thereunder; thereunder and (Gvi) such other matters information as such L/C Issuer may require. In shall be required pursuant to the case of a request for an amendment of any outstanding Letter of Credit, such relevant Letter of Credit Application Application. Concurrently with its delivery of an LOC Request to an Issuing Bank, the Borrower shall specify in form and detail satisfactory deliver a copy thereof, by facsimile transmission, telex or cable, to the applicable L/C Issuer (A) Agent who shall thereupon notify each Lender of such LOC Request and the terms thereof. Subject to the terms of this Agreement, if the requested terms and conditions of such Facility Letter of Credit to be amended; (B) the proposed date of amendment thereof (which shall be a Business Day); (C) the nature of the proposed amendment; and (D) such other matters as such L/C Issuer may require. Additionally, the Applicable Borrower shall furnish to 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 such L/C Issuer or the Administrative Agent may require.are reasonably acceptable to

Appears in 1 contract

Samples: Credit Agreement (Ameristeel Corp)

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