Common use of Special Provisions Relating to Evergreen Letters of Credit Clause in Contracts

Special Provisions Relating to Evergreen Letters of Credit. The Borrower may request Letters of Credit that have automatic extension or renewal provisions ("Evergreen Letters of Credit") so long as Issuing Bank consents in its sole and absolute discretion and has the right to not permit any such extension or renewal at least annually within a notice period to be agreed upon at the time each such Letter of Credit is issued. Once an Evergreen Letter of Credit is issued, unless Administrative Agent has notified Issuing Bank that Majority Lenders have elected not to permit such extension or renewal, Borrower, Administrative Agent and Lenders shall have deemed to have authorized (but may not require) Issuing Bank to, in its sole and absolute discretion, permit the renewal of such Evergreen Letter of Credit at any time to a date not later than the Maturity Date, and, unless directed by Issuing Bank, Borrower shall not be required to request such extension or renewal. Issuing Bank may, in its sole and absolute discretion, elect not to permit an Evergreen Letter of Credit to be extended or renewed at any time.

Special Provisions Relating to Evergreen Letters of Credit. The Borrower may request Letters of Credit that have automatic extension or renewal provisions ("Evergreen “evergreen” Letters of Credit") so long as Issuing Bank consents in its sole and absolute discretion and Lender has the right to not permit any such extension or renewal at least annually within a notice period to be agreed upon at of not more than 60 days before the time each expiration of such Letter of Credit is issuedCredit. Once an Evergreen evergreen Letter of Credit is issued, unless Administrative Agent has notified Issuing Bank Lender that Majority all Lenders have elected not to permit such extension or renewal, Borrowerthe Borrower Parties, Administrative Agent and Lenders shall have deemed to have authorized authorize (but may not require) Issuing Bank Lender to, in its sole and absolute discretion, permit the renewal of such Evergreen evergreen Letter of Credit at any time to a date not later than the Maturity Date, and, unless directed by Issuing BankLender, Borrower shall not be required to request such extension or renewal. Notwithstanding the foregoing, Issuing Bank Lender may, in its sole and absolute discretion, discretion elect not to permit an Evergreen evergreen Letter of Credit to be extended or renewed at any time.

Special Provisions Relating to Evergreen Letters of Credit. The Borrower Parent may request Letters of Credit that have automatic extension or renewal provisions ("Evergreen evergreen" Letters of Credit") so long as Issuing Bank the Agent consents in its sole and absolute discretion thereto and has the right to not permit any such extension or renewal at least annually within a notice period to be agreed upon at the time each such Letter of Credit is issued. Once an Evergreen evergreen Letter of Credit is issued, unless Administrative Agent has notified Issuing Bank that Majority Lenders the Required Banks have elected not to permit such extension or renewal, Borrower, Administrative Agent the Parent and Lenders the Banks shall have be deemed to have authorized (but may not require) Issuing Bank the Agent to, in its sole and absolute discretion, permit the renewal of such Evergreen evergreen Letter of Credit at any time to a date not later than the Maturity Letter of Credit Expiration Date, and, unless directed by Issuing Bankthe Agent, Borrower the Parent shall not be required to request such extension or renewal. Issuing Bank The Agent may, in its sole and absolute discretion, discretion elect not to permit an Evergreen evergreen Letter of Credit to be extended or renewed at any time.