Responsibilities of the Agent; Issuance. As of the Business Day immediately preceding the requested issuance date of the Letter of Credit set forth in the notice from a Borrower pursuant to Section 2.03(d)(i), the Agent shall determine (A) the amount of the Unused Letter of Credit Subfacility and (B) the Unused Availability. If the face amount of the requested Letter of Credit is not greater than the Unused Letter of Credit Subfacility (prior to giving effect to issuance of such requested Letter of Credit) and the amount of such requested Letter of Credit and all commissions, fees, and charges due from the Borrowers in connection with the opening thereof do not exceed the Unused Availability (prior to giving effect to issuance of such requested Letter of Credit), the Agent shall cause the Letter of Credit Issuer to issue the requested Letter of Credit on the requested issuance date if the other conditions hereof and of the application for such requested Letter of Credit are met.
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Samples: Loan Agreement (Jeffboat LLC), Loan Agreement (American Barge Line Co)
Responsibilities of the Agent; Issuance. As The Agent shall determine, as of the Business Day immediately preceding the requested effective date of issuance date of the Letter of Credit set forth in the notice from a Borrower the Authorized Representative on behalf of the Borrowers pursuant to Section 2.03(d)(i2.3(d)(1), the Agent shall determine (Ai) the amount of the applicable Unused Letter of Credit Subfacility and (Bii) the Unused AvailabilityCombined Availability as of such date. If (i) the face undrawn amount of the requested Letter of Credit is not greater than the applicable Unused Letter of Credit Subfacility and (prior to giving effect to ii) the issuance of such requested Letter of Credit) and the amount of such requested Letter of Credit and all commissions, fees, and charges due from the Borrowers in connection with the opening thereof do would not exceed the Unused Availability (prior to giving effect to issuance of such requested Letter of Credit)Combined Availability, the Agent shall shall, subject to the terms and conditions hereof, cause the Letter of Credit Issuer to issue the requested Letter of Credit on the such requested effective date of issuance date if so long as the other conditions hereof and of the application for such requested Letter of Credit here are met.
Appears in 1 contract
Responsibilities of the Agent; Issuance. As The Agent shall determine, as of the Business Day immediately preceding the requested effective date of issuance date of the Letter of Credit set forth in the notice from a Borrower the Authorized Representative on behalf of the Borrowers pursuant to Section 2.03(d)(i2.3(d)(i), the Agent shall determine (Ai) the amount of the applicable Unused Letter of Credit Subfacility and (Bii) the Unused AvailabilityCombined Availability as of such date. If (i) the face undrawn amount of the requested Letter of Credit is not greater than the applicable Unused Letter of Credit Subfacility and (prior to giving effect to ii) the issuance of such requested Letter of Credit) and the amount of such requested Letter of Credit and all commissions, fees, and charges due from the Borrowers in connection with the opening thereof do would not exceed the Unused Availability (prior to giving effect to issuance of such requested Letter of Credit)Combined Availability, the Agent shall shall, subject to the terms and conditions hereof, cause the Letter of Credit Issuer to issue the requested Letter of Credit on the such requested effective date of issuance date if so long as the other conditions hereof and of the application for such requested Letter of Credit here are met.
Appears in 1 contract
Samples: Loan and Security Agreement