Common use of Revolving Facility LC Issuance Clause in Contracts

Revolving Facility LC Issuance. At any time prior to the Revolving Facility Termination Date, the Company may request a LC Issuer at any time and from time to time to issue, for the account of the Company or any Subsidiary Guarantor, and subject to and upon the terms and conditions herein set forth, each LC Issuer agrees to issue from time to time Revolving Facility Letters of Credit denominated and payable in Dollars or any Designated Foreign Currency and in each case in such form as may be approved by such LC Issuer and the Revolver Agent; provided, however, that notwithstanding the foregoing, (i) the Company shall be primarily liable for any Revolving Facility Letters of Credit issued for the account of any Subsidiary Guarantor and (ii) no Revolving Facility LC Issuance shall be made if, after giving effect thereto: (A) the Revolving Facility LC Outstandings would exceed the Revolving Facility LC Commitment Amount, (B) the Revolving Facility Exposure of any Revolving Lender would exceed such Revolving Lender’s Revolving Commitment, (C) the Aggregate Revolving Facility Exposure would exceed the Total Revolving Commitment, (D) the Canadian Sub-Facility Exposure would exceed the Maximum Canadian Sub-Facility Exposure Amount, or (E) any Borrower would be required to prepay Loans or cash collateralize Revolving Facility Letters of Credit pursuant to Section 2.16(c). Subject to Section 2.06(c) below, each Revolving Facility Letter of Credit shall have an expiry date (including any renewal periods) occurring not later than the earlier of (x) twelve (12) months from the date of issuance (or renewal) thereof, and (y) ten (10) Business Days prior to the Revolving Facility Termination Date.

Appears in 4 contracts

Samples: Credit Agreement (American Greetings Corp), Credit Agreement (American Greetings Corp), Credit Agreement (American Greetings Corp)

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Revolving Facility LC Issuance. At any time prior to During the Revolving Facility Termination DateAvailability Period, the Company may request a an LC Issuer at any time and from time to time to issue, for the account of the Company Company, any other Revolving Facility Borrower or any Subsidiary GuarantorSubsidiary, and subject to and upon the terms and conditions herein set forth, each LC Issuer agrees to issue from time to time Revolving Facility Letters of Credit denominated and payable in Dollars or any Designated Foreign Currency and in each case in such form as may be approved by such LC Issuer and the Revolver Global Agent; provided, however, that notwithstanding the foregoing, (i) the Company shall be primarily liable for any Revolving Facility Letters of Credit issued for the account of any Subsidiary Guarantor and (ii) no Revolving Facility LC Issuance shall be made if, after giving effect thereto: , (A) the Revolving Facility LC Outstandings would exceed the Revolving Facility LC Commitment Amount, (B) the Revolving Facility Exposure of any Revolving Lender would exceed such Revolving Lender’s Revolving Facility Commitment, (C) the Aggregate Revolving Facility Exposure would exceed the Total Revolving Facility Commitment, (D) the Canadian Sub-Aggregate Revolving Facility Exposure at such time that is denominated in any Designated Foreign Currency would exceed the Maximum Foreign Exposure Amount, (E) the Foreign Subsidiary Borrower Exposure would exceed the Maximum Foreign Exposure Amount, (F) the Aggregate Credit Facility Exposure would exceed the Maximum Canadian Sub-Credit Facility Exposure Amount, or (EG) any Borrower would be required to prepay Loans or cash collateralize Revolving Facility Letters of Credit pursuant to Section 2.16(c)2.13(b) hereof. Subject to Section 2.06(c2.05(c) below, each Revolving Facility Letter of Credit shall have an expiry date (including any renewal periods) occurring not later than the earlier of (x) twelve (12) months one year from the date of issuance (or renewal) thereof, and (y) ten (10) Business Days prior to the Revolving Credit Facility Termination Date.

Appears in 3 contracts

Samples: Credit Agreement (Abercrombie & Fitch Co /De/), Credit Agreement (Abercrombie & Fitch Co /De/), Credit Agreement (Abercrombie & Fitch Co /De/)

Revolving Facility LC Issuance. At any time prior to During the Revolving Facility Termination DateAvailability Period, the Company may request a LC Issuer at any time and from time to time to issue, for the account of the Company Company, any other Revolving Facility Borrower or any Subsidiary Guarantor, and subject to and upon the terms and conditions herein set forth, each LC Issuer agrees to issue from time to time Revolving Facility Letters of Credit denominated and payable in Dollars or any Designated Foreign Currency and in each case in such form as may be approved by such LC Issuer and the Revolver Global Agent; provided, however, that notwithstanding the foregoing, (i) the Company shall be primarily liable for any Revolving Facility Letters of Credit issued for the account of any Subsidiary Guarantor and (ii) no Revolving Facility LC Issuance shall be made if, after giving effect thereto: , (A) the Revolving Facility LC Outstandings would exceed the Revolving Facility LC Commitment Amount, (B) the Revolving Facility Exposure of any Revolving Lender would exceed such Revolving Lender’s Revolving Commitment, (C) the Aggregate Revolving Facility Exposure would exceed the Total Revolving Commitment, (D) the Canadian Sub-Facility Foreign Currency Exposure would exceed the Maximum Canadian Sub-Facility Foreign Exposure Amount, (E) the Foreign Subsidiary Borrower Exposure would exceed the Maximum Foreign Exposure Amount, or (EF) any Borrower would be required to prepay Loans or cash collateralize Revolving Facility Letters of Credit pursuant to Section 2.16(c). Subject to Section 2.06(c) below, each Revolving Facility Letter of Credit shall have an expiry date (including any renewal periods) occurring not later than the earlier of (x) twelve (12) months one year from the date of issuance (or renewal) thereof, and (y) ten (10) 30 Business Days prior to the Revolving Facility Termination Date.

Appears in 1 contract

Samples: Credit Agreement (American Greetings Corp)

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Revolving Facility LC Issuance. At any time prior to the Revolving Facility Termination Date, the Company may request a LC Issuer at any time and from time to time to issue, for the account of the Company Company, any other Revolving Facility Borrower or any Subsidiary Guarantor, and subject to and upon the terms and conditions herein set forth, each LC Issuer agrees to issue from time to time Revolving Facility Letters of Credit denominated and payable in Dollars or any Designated Foreign Currency and in each case in such form as may be approved by such LC Issuer and the Revolver Global Agent; provided, however, that notwithstanding the foregoing, (i) the Company shall be primarily liable for any Revolving Facility Letters of Credit issued for the account of any Subsidiary Guarantor and (ii) no Revolving Facility LC Issuance shall be made if, after giving effect thereto: (A) the Revolving Facility LC Outstandings would exceed the Revolving Facility LC Commitment Amount, (B) the Revolving Facility Exposure of any Revolving Lender would exceed such Revolving Lender’s Revolving Commitment, (C) the Aggregate Revolving Facility Exposure would exceed the Total Revolving Commitment, (D) the Canadian Sub-Facility Foreign Currency Exposure would exceed the Maximum Canadian Sub-Facility Foreign Exposure Amount, (E) the Foreign Subsidiary Borrower Exposure would exceed the Maximum Foreign Exposure Amount, or (EF) any Borrower would be required to prepay Loans or cash collateralize Revolving Facility Letters of Credit pursuant to Section 2.16(c). Subject to Section 2.06(c) below, each Revolving Facility Letter of Credit shall have an expiry date (including any renewal periods) occurring not later than the earlier of (x) twelve thirteen (1213) months from the date of issuance (or renewal) thereof, and (y) ten (10) Business Days prior to the Revolving Facility Termination Date.

Appears in 1 contract

Samples: Credit Agreement (American Greetings Corp)

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