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

Special Provisions Relating to Evergreen Letters of Credit. The ---------------------------------------------------------- Parent may request Letters of Credit that have automatic extension or renewal provisions ("evergreen" Letters of Credit) so long as the Issuing Bank 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 Letter of Credit is issued the Administrative Agent shall notify the Banks and, unless Administrative Agent has notified the Issuing Bank that the Required Banks have elected not to permit such extension or renewal, the Parent, Administrative Agent and Banks shall be deemed to have authorized (but may not require) the 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 later of (i) one year after the prior scheduled expiration date or (ii) the Termination Date, and, unless directed by the Issuing Bank, the Parent shall not be required to request such extension or renewal. The 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 ---------------------------------------------------------- Parent Borrower may request Letters of Credit that have automatic extension or renewal provisions ("evergreen" Letters of Credit) so long as the Issuing Bank Lender 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 Letter of Credit is issued the Administrative Agent shall notify the Banks andissued, unless Administrative Agent has notified the Issuing Bank Lender that the Required Banks Lenders have elected (after the occurrence and during the continuation of an Event of Default) not to permit such extension or renewal, the ParentBorrower Parties, Administrative Agent and Banks Lenders shall be deemed to have authorized (but may not require) the Issuing Bank Lender 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 later of (i) one year after the prior scheduled expiration date or (ii) the Termination Maturity Date, and, unless directed by the Issuing BankLender, the Parent Borrower shall not be required to request such extension or renewal. The Issuing Bank Lender may, in its sole and absolute discretion 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 ---------------------------------------------------------- Parent Borrower may request Letters of Credit that have automatic annual extension or renewal provisions ("evergreen" Letters of Credit) so long as the Issuing Bank 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 period after notice period from the Borrower to be agreed upon at the time each such Letter of Credit is issued. Once an evergreen Letter of Credit is issued the Administrative Agent shall notify the Banks and, unless Administrative Agent has notified the Issuing Bank that the Required Banks have elected not to permit such extension or renewal, the ParentBorrower, Administrative Agent and Banks shall be deemed to have authorized (but may not require) the 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 later of (i) one year after the prior scheduled expiration date or (ii) the Termination Date, and, unless directed by the Issuing Bank, the Parent shall not be required to request such extension or renewal. The Issuing Bank may, in its sole and absolute discretion 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 ---------------------------------------------------------- Parent Borrower may request Letters of Credit that have automatic annual extension or renewal provisions ("evergreen" Letters of Credit) so long as the Issuing Bank 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 period after notice period from the Borrower to be agreed upon at the time each such Letter of Credit is issued. Once an evergreen Letter of Credit is issued the Administrative Agent shall notify the Banks and, unless Administrative Agent has notified the Issuing Bank that the Required Banks have elected not to permit such extension or renewal, the ParentBorrower, Administrative Agent and Banks shall be deemed to have authorized (but may not require) the 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 later of (i) one year after the prior scheduled expiration date or (ii) the Termination Date, and, unless directed by the Issuing Bank, the Parent shall not be required to request such extension or renewal. The Issuing Bank may, in its sole and absolute discretion 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 ---------------------------------------------------------- Parent Trendwest may request Letters of Credit that have automatic extension or renewal provisions ("evergreen" Letters of Credit) so long as the Issuing Bank Lender consents in its sole and absolute discretion thereto to such extension or renewal 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 the Administrative Agent shall notify the Banks andissued, unless the Administrative Agent has notified the Issuing Bank Lender that the Required Banks Majority Lenders have elected not to permit such extension or renewal, Trendwest, the Parent, Administrative Agent and Banks the Lenders shall be deemed to have authorized (but may not require) the Issuing Bank Lender 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 later of (i) one year after the prior scheduled expiration date or (ii) the Revolving Termination Date, and, unless directed by the Issuing BankLender, the Parent Trendwest shall not be required to request such extension or renewal. The Issuing Bank Lender may, in its sole and absolute discretion discretion, elect not to permit an evergreen Letter of Credit to be extended or renewed at any time.