Revolving L/C Commitment. (a) Subject to the terms and conditions hereof, each Revolving Issuing Lender, in reliance on the agreements of the other Revolving Lenders set forth in Section 3.4(a), agrees to issue letters of credit (“Revolving Letters of Credit”) for the account of the Borrower on any Business Day during the Revolving Commitment Period in such form as may be approved from time to time by such Revolving Issuing Lender (such approval not to be unreasonably withheld); provided that no Revolving Issuing Lender shall have any obligation to issue any Revolving Letter of Credit if, after giving effect to such issuance, (i) the Revolving L/C Obligations would exceed the Revolving L/C Commitment, (ii) the aggregate amount of the Available Revolving Commitments would be less than zero or (iii) the Revolving L/C Obligations with respect to all Revolving Letters of Credit issued by such Revolving Issuing Lender would exceed such Revolving Issuing Lender’s Specified Issuing Lender Commitment. Each Revolving Letter of Credit shall (i) be denominated in Dollars and payable on an “at sight” basis and (ii) expire no later than the earlier of (x) the first anniversary of its date of issuance and (y) the date that is five Business Days prior to the Revolving Termination Date, provided that any Revolving Letter of Credit with a one-year term may provide for the automatic renewal thereof for additional one-year periods (which shall in no event extend beyond the date referred to in clause (y) above). (b) No Revolving Issuing Lender shall at any time be obligated to issue any Revolving Letter of Credit if such issuance would conflict with, or cause such Revolving Issuing Lender or any Revolving L/C Participant to exceed any limits imposed by, any applicable Requirement of Law.
Appears in 2 contracts
Samples: Credit Agreement (Mirant North America, LLC), Credit Agreement (Mirant Corp)
Revolving L/C Commitment. (ai) Subject to the terms and conditions hereofset forth herein, (A) each Revolving Facility Issuing LenderBank agrees, in reliance on upon the agreements of the other Revolving Lenders set forth in this Section 3.4(a)3.1, agrees (1) from time to issue letters of credit (“Revolving Letters of Credit”) for the account of the Borrower time on any Business Day during the Revolving Commitment Period L/C Availability Period, to issue Letters of Credit for the account of the Borrower, and to amend, renew or extend Letters of Credit previously issued by it, in accordance with paragraph (b) of this Section 3.1, and (2) to honor drawings under the Letters of Credit; and (B) the Revolving Lenders severally agree to participate in such form as may be approved from time to time by such Revolving Issuing Lender (such approval not to be unreasonably withheld)Letters of Credit and any drawings thereunder; provided that no Revolving Facility Issuing Bank shall be obligated to make any Revolving L/C Credit Extension, and no Revolving Lender shall have be obligated to participate in any obligation to issue any Revolving Letter of Credit if, after giving effect to as of the date of such issuance, (i) the Revolving L/C Obligations Credit Extension, (x) the Total Revolving Extensions of Credit would exceed the Total Revolving L/C CommitmentCommitments, (iiy) the aggregate amount Revolving Extensions of the Available Credit of any Revolving Commitments Lender would be less than zero or exceed such Lender’s Revolving Commitment and (iiiz) the Revolving L/C Obligations with respect to all Revolving Letters of Credit issued by such Revolving Facility Issuing Lender Bank would exceed such its Revolving Issuing Lender’s Specified Issuing Lender L/C Commitment. Letters of Credit shall constitute utilization of the Revolving Commitments.
(ii) Each Revolving Letter of Credit (A) shall (i) be denominated in Dollars and payable on an “at sight” basis and Dollars, (iiB) expire no later than the earlier of (x) the first anniversary of its date of issuance or such later date as may be agreed by the applicable Revolving Facility Issuing Bank (or, in the case of any Auto-Renewal Letter of Credit, twelve (12) months after the current expiration date) and (y) the date that is five Business Days prior Revolving L/C Expiration Date and (B) be issued subject to “Uniform Customs and Practice for Documentary Credits” (2007 Revision), International Chamber of Commerce, Publication No. 600 or “International Standby Practices 1998”, International Chamber of Commerce, Publication No. 590, as mutually agreed between the Borrower and the applicable Revolving Termination Date, provided that any Revolving Letter of Credit with a one-year term may provide for the automatic renewal thereof for additional one-year periods (which shall in no event extend beyond the date referred to in clause (y) above)Facility Issuing Bank.
(biii) No Revolving Facility Issuing Lender Bank shall at any time be obligated to issue any Revolving Letter of Credit if such issuance would conflict with, or cause such Revolving Facility Issuing Lender Bank or any Revolving L/C Participant Lender to exceed any limits imposed by, any applicable Requirement Requirements of Law.
Appears in 2 contracts
Samples: Credit Agreement (REV Renewables, Inc.), Credit Agreement (REV Renewables, Inc.)
Revolving L/C Commitment. (ai) Subject to the terms and conditions hereofset forth herein, (A) each Revolving Facility Issuing LenderBank agrees, in reliance on upon the agreements of the other Revolving Lenders set forth in this Section 3.4(a)3.1, agrees (1) from time to issue letters of credit (“Revolving Letters of Credit”) for the account of the Borrower time on any Business Day during the Revolving Commitment Period L/C Availability Period, to issue Letters of Credit for the account of the Borrower, and to amend, renew or extend Letters of Credit previously issued by it, in accordance with paragraph (b) of this Section 3.1, and (2) to honor drawings under the Letters of Credit; and (B) the Revolving Lenders severally agree to participate in such form as may be approved from time to time by such Revolving Issuing Lender (such approval not to be unreasonably withheld)Letters of Credit and any drawings thereunder; provided that no Revolving Facility Issuing Bank shall be obligated to make any Revolving L/C Credit Extension, and no Revolving Lender shall have be obligated to participate in any obligation to issue any Revolving Letter of Credit if, after giving effect to as of the date of such issuance, (i) the Revolving L/C Obligations Credit Extension, (x) the Total Extensions of Credit would exceed the Total Revolving L/C CommitmentCommitments, (iiy) the aggregate amount Revolving Extensions of the Available Credit of any Revolving Commitments Lender would be less than zero or exceed such Lender’s Revolving Commitment and (iiiz) the Revolving L/C Obligations with respect to all Revolving Letters of Credit issued by such Revolving Facility Issuing Lender Bank would exceed such its Revolving Issuing Lender’s Specified Issuing Lender L/C Commitment. Letters of Credit shall constitute utilization of the Revolving Commitments.
(ii) Each Revolving Letter of Credit (A) shall (i) be denominated in Dollars and payable on an “at sight” basis and Dollars, (iiB) expire no later than the earlier of (x) the first anniversary of its date of issuance or such later date as may be agreed by the applicable Revolving Facility Issuing Bank (or, in the case of any Auto-Renewal Letter of Credit, 12 months after the current expiration date) and (y) the date that is five Business Days prior Revolving L/C Expiration Date and (B) be issued subject to “Uniform Customs and Practice for Documentary Credits” (2007 Revision), International Chamber of Commerce, Publication No. 600 or “International Standby Practices 1998”, International Chamber of Commerce, Publication No. 590, as mutually agreed between the Borrower and the applicable Revolving Termination Date, provided that any Revolving Letter of Credit with a one-year term may provide for the automatic renewal thereof for additional one-year periods (which shall in no event extend beyond the date referred to in clause (y) above)Facility Issuing Bank.
(biii) No Revolving Facility Issuing Lender Bank shall at any time be obligated to issue any Revolving Letter of Credit if such issuance would conflict with, or cause such Revolving Facility Issuing Lender Bank or any Revolving L/C Participant Lender to exceed any limits imposed by, any applicable Requirement Requirements of Law.
Appears in 1 contract
Revolving L/C Commitment. (ai) Subject to the terms and conditions hereofset forth herein, (A) each Revolving Issuing LenderBank agrees, in reliance on upon the agreements of the other Revolving Lenders set forth in this Section 3.4(a)3.1, agrees (1) from time to issue letters of credit (“Revolving Letters of Credit”) for the account of the Borrower time on any Business Day during the Revolving Commitment Period L/C Availability Period, to issue Letters of Credit for the account of the Company, and to amend, renew or extend Letters of Credit previously issued by it, in accordance with Section 3.1(b), and (2) to honor drawings under the Letters of Credit; and (B) the Revolving Lenders severally agree to participate in such form as may be approved from time to time by such Revolving Issuing Lender (such approval not to be unreasonably withheld)Letters of Credit and any drawings thereunder; provided that no Issuing Bank shall be obligated to make any Revolving Issuing L/C Credit Extension, and no Revolving Lender shall have be obligated to participate in any obligation to issue any Revolving Letter of Credit if, after giving effect to as of the date of such issuance, (i) the Revolving L/C Obligations Credit Extension, (x) the Total Revolving Extensions of Credit would exceed the Total Revolving L/C Commitments, (y) the Revolving Extensions of Credit of any Revolving Lender would exceed such Revolving Lender’s Revolving Commitment, and (ii) the aggregate amount of the Available Revolving Commitments would be less than zero or (iiiz) the Revolving L/C Obligations with respect to all Revolving Letters of Credit issued by such Revolving Issuing Lender Bank would exceed such its Revolving Issuing Lender’s Specified Issuing Lender L/C Commitment. .
(ii) Letters of Credit shall constitute utilization of the Revolving Commitments.
(iii) Each Revolving Letter of Credit (A) shall (i) be denominated in Dollars and payable on an “at sight” basis and Dollars, (iiB) expire no later than the earlier of (x) the first anniversary of its date of issuance or such later date as may be agreed by the applicable Issuing Bank (or, in the case of any Auto-Renewal Letter of Credit, 12 months after the current expiration date) and (y) the date that is five Business Days prior Revolving L/C Expiration Date and (C) be issued subject to “Uniform Customs and Practice for Documentary Credits” (2007 Revision), International Chamber of Commerce, Publication No. 600 or “International Standby Practices 1998”, International Chamber of Commerce, Publication No. 590, as mutually agreed between the Revolving Termination Date, provided that any Revolving Letter of Credit with a one-year term may provide for Company and the automatic renewal thereof for additional one-year periods (which shall in no event extend beyond the date referred to in clause (y) above)applicable Issuing Bank.
(biv) No Revolving Issuing Lender Bank shall at any time be obligated to issue any Revolving Letter of Credit if such issuance would conflict with, or cause such Revolving Issuing Lender Bank or any Revolving L/C Participant Lender to exceed any limits imposed by, any applicable Requirement Requirements of Law.
Appears in 1 contract