Common use of Responsibilities of the Agent; Issuance Clause in Contracts

Responsibilities of the Agent; Issuance. The Agent shall determine, as of the Business Day immediately preceding the requested effective date of issuance of the Letter of Credit set forth in the notice from the Borrowers pursuant to SECTION 3.4(A), the amount of the unused Letter of Credit Facility and the Borrowing Base. If (i) the form of the Letter of Credit delivered by the Borrowers to the Agent is acceptable to the Issuing Bank and the Agent in their sole discretion, (ii) the undrawn face amount of the requested Letter of Credit is less than or equal to the lesser of (A) the unused Letter of Credit Facility and (B) the Borrowing Base less the Aggregate Credit Obligations, and (iii) if requested by the Agent, the Agent has received a certificate or other assurance from the Borrowers stating that the applicable conditions set forth in ARTICLE 5 have been satisfied, then the Issuing Bank will cause the Letter of Credit to be issued.

Appears in 2 contracts

Samples: Loan and Security Agreement (Tultex Corp), Loan and Security Agreement (Tultex Corp)

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Responsibilities of the Agent; Issuance. The Agent shall determine, as of the Business Day immediately preceding the requested effective date of issuance of the Letter of Credit set forth in the notice from the Borrowers pursuant to SECTION 3.4(ASection 3.4(a), the amount of the unused Letter of Credit Facility and the Borrowing Base. If (i) the form of the Letter of Credit delivered by the Borrowers to the Agent is acceptable to the Issuing Bank and the Agent in their sole discretion, (ii) the undrawn face amount of the requested Letter of Credit is less than or equal to the lesser of (A) the unused Letter of Credit Facility and (B) the Borrowing Base less the Aggregate Credit Revolving Loan Obligations, and (iii) if requested by the Agent, the Agent has received a certificate or other assurance from the Borrowers stating that the applicable conditions set forth in ARTICLE Article 5 have been satisfied, then the Issuing Bank will cause the Letter of Credit to be issued.

Appears in 1 contract

Samples: Loan and Security Agreement (Safety Components International Inc)

Responsibilities of the Agent; Issuance. The Agent shall determine, as of the Business Day immediately preceding the requested effective date of issuance of the Letter of Credit set forth in the notice from the Borrowers pursuant to SECTION 3.4(A), the amount of the unused Letter of Credit Facility and the Borrowing Base. If (i) the form of the Letter of Credit delivered by the Borrowers to the Agent is acceptable to the Issuing Bank and the Agent in their sole discretion, (ii) the undrawn face amount of the requested Letter of Credit is less than or equal to the lesser of (A) the unused Letter of Credit Facility and (B) the unused Borrowing Base less the Aggregate Credit ObligationsBase, and (iii) if requested by the Agent, the Agent has received a certificate or other assurance from the Borrowers stating that the applicable conditions set forth in ARTICLE 5 have been satisfied, then the Issuing Bank will cause the Letter of Credit to be issued.

Appears in 1 contract

Samples: Loan and Security Agreement (Tultex Corp)

Responsibilities of the Agent; Issuance. The Agent shall determine, as of the Business Day immediately preceding the requested effective date of issuance of the Letter of Credit set forth in the notice from the Borrowers Borrower pursuant to SECTION 3.4(A), the amount of the unused Letter of Credit Facility and the Borrowing Base. If (i) the form of the Letter of Credit delivered by the Borrowers Borrower to the Agent is acceptable to the Issuing Bank BankBoston and the Agent in their sole sole, reasonable discretion, (ii) the undrawn face amount of the requested Letter of Credit is less than or equal to the lesser of (A) the unused Letter of Credit Facility and (B) the unused Borrowing Base less the Aggregate Credit Obligations, and (iii) if requested by the Agent, the Agent has received a certificate or other assurance from the Borrowers Borrower stating that the applicable conditions set forth in ARTICLE 5 6 have been satisfied, then the Issuing Bank BankBoston will cause the Letter of Credit to be issued.

Appears in 1 contract

Samples: Loan and Security Agreement (Texfi Industries Inc)

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Responsibilities of the Agent; Issuance. The Agent shall determine, as of the Business Day immediately preceding the requested effective date of issuance of the Letter of Credit set forth in the notice from the Borrowers Borrower pursuant to SECTION 3.4(A), the amount of the unused Letter of Credit Facility and the Borrowing Base. If (i) the form of the Letter of Credit delivered by the Borrowers Borrower to the Agent is acceptable to the Issuing Bank BankBoston and the Agent in their sole sole, reasonable discretion, (ii) the undrawn face amount of the requested Letter of Credit is less than or equal to the lesser of (A) the unused Letter of Credit Facility and (B) the unused Borrowing Base less the Aggregate Credit Obligations, and (iii) if requested by the Agent, the Agent has received a certificate or other assurance from the Borrowers Borrower stating that the applicable conditions set forth in ARTICLE 5 have been satisfied, then the Issuing Bank BankBoston will cause the Letter of Credit to be issued.

Appears in 1 contract

Samples: Loan and Security Agreement (Texfi Industries Inc)

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