Return of Letter of Credit. The Letter of Credit will be returned within 90 Days after the end of the term of this Agreement, provided that Contractor has faithfully performed throughout the life of the Agreement, Contractor has completed its obligations under the Agreement, there are no pending claims involving Contractor's performance under the Agreement and no outstanding disagreement about any material aspect of the provisions of this Agreement. In the event this Agreement is assigned, as provided for in Section 4.5, City will return or release the Letter of Credit not later than the effective date of the assignment, provided that the assignee has delivered to the City an equivalent Letter of Credit, as determined by City.
Return of Letter of Credit. To the extent that Landlord has not previously drawn upon the Letter of Credit, and to the extent that Tenant is not otherwise in default of its obligations under the Lease as of the termination date of the Lease, Landlord shall return the Letter of Credit to Tenant within thirty (30) days after the expiration or termination of the Term of the Lease.
Return of Letter of Credit. So long as no Default shall have occurred and be continuing, the Letter of Credit, unless drawn by Lessor, shall be returned to Lessee on the date which is not more than 30 Business Days after and excluding the date upon which the Aircraft is returned to Lessor in accordance with this Agreement.
Return of Letter of Credit. Upon the expiration or earlier termination of Tenant’s obligation to maintain the Letter of Credit pursuant to the terms hereof (or otherwise upon the 61st day after expiration or earlier termination of the Lease), Landlord shall return to Tenant any then undrawn portion of such Letter of Credit along with a letter to the issuer signed and dated by Landlord on Landlord’s letterhead in the form attached to the Lease as Exhibit L.
Return of Letter of Credit. After Tenant vacates the Premises, upon the expiration or sooner termination of this Lease, if Tenant is not then in default or breach of any provision of this Lease, Landlord shall return to Tenant the Letter of Credit and any unapplied cash balance of the Letter of Credit that bad been previously drawn upon.
Return of Letter of Credit. (a) The Bonds Letter of Credit has a Scheduled Expiration Date of February 15, 2012. However, notwithstanding such Scheduled Expiration Date, the Borrower hereby agrees to return the original Bonds Letter of Credit to the Bank on or before September 30, 2011 with no draw having been made thereon and to provide a Substitute Credit Facility to the Trustee pursuant to the Indenture in order effectuate such return. If the Borrower fails to effectuate such return by September 30, 2011, the Borrower agrees to pay interest from and after such date on the Letter of Credit Amount (as defined in the Bonds Letter of Credit) until such Letter of Credit is returned with no draw having been made thereon at the Default Rate.
(b) The Borrower acknowledges and agrees that the Bank shall have no obligation to renew the Bonds Letter of Credit at any time in the future. The Borrower and the Bank each acknowledges and understands that the Bonds will be subject to mandatory redemption or purchase pursuant to the Indenture if the Bank does not renew the Bonds Letter of Credit thereby resulting in a Drawing under the Bonds Letter of Credit unless a Substitute Credit Facility is delivered to the Trustee pursuant to the Indenture.
(c) In accordance with the procedures set forth in the Bonds Letter of Credit, the Letter of Credit Amount of the Bonds Letter of Credit shall be reduced by a sum equal to the principal of and 35 days’ maximum interest on each Bond which is no longer “Outstanding” under the Indenture.
Return of Letter of Credit. Upon completion of the construction and installation of the Sidewalks and completion of the Maintenance Obligation, whether by DRH or the City, as certified in writing by the City’s Director of Public Works, (a) any rights of the City in and to the Letter of Credit hereunder shall terminate, and (b) the City shall promptly return the Letter of Credit to DRH.
Return of Letter of Credit. With respect to each Letter of Credit, the Issuing Lender shall have the right, provided the Issuing Lender is not then in default under such Letter of Credit by reason of its having wrongfully failed to honor a demand for payment previously made by a Beneficiary under such Letter of Credit, to require such Beneficiary to surrender such Letter of Credit to the Issuing Lender on the stated expiration date. The Borrower agrees, if necessary, to use its best efforts to cause the Beneficiary to surrender such Letter of Credit.
Return of Letter of Credit. The Letter of Credit shall be returned to Tenant if, at any time after the fifth anniversary of the Commencement Date, Tenant (A) can establish to Landlord's reasonable satisfaction that as of the end of any fiscal year of Tenant following the fifth anniversary of the Commencement Date, Tenant has (i) had revenues for eight consecutive quarters in excess of an annual rate of $75,000,000 "Revenue Criteria", (ii) Market Capitalization of an average of $750,000,000 over the proceeding twelve months, and (iii) cash and cash equivalents ("Cash Criteria") (including up to twenty five percent (25%) of which may be comprised of the amount Tenant would receive from a factor, without recourse in respect of current ninety day or less accounts receivables (which are not and shall not be pledged or factored), certified to
Return of Letter of Credit. The Letter of Credit shall be returned to Tenant, and Tenant's obligation to provide a security deposit to Landlord under this Paragraph 34 shall terminate, at any time after the fifth (5th) anniversary of the Rent Commencement Date when Tenant can establish to Landlord's reasonable satisfaction that as of the end of any fiscal year of Tenant following the fifth anniversary of the Rent Commencement Date, Tenant has (i) annual net income in excess of Twenty-Five Million Dollars ($25,000,000) for the previous two consecutive years, (ii) shareholder equity in excess of One Hundred Million Dollars ($100,000,000), and (iii) cash and cash equivalents in excess of Fifty Million Dollars ($50,000,000), all as determined in accordance with GAAP and as reflected on certified, audited financial statements.
