Common use of The L/C Commitment Clause in Contracts

The L/C Commitment. (i) Subject to the terms and conditions set forth herein, (A) each L/C Issuer agrees, in reliance upon the agreements of the other Revolver Lenders set forth in this Section 2.3, (1) from time to time on any Business Day during the period from the Closing Date until the L/C Expiration Date, to issue L/Cs in Dollars or with respect to the Australian L/C Issuer, the Alternative Currency, for the account of Borrower or its Subsidiaries, and to amend or renew L/Cs previously issued by it, in accordance with subsection (b) below, and (2) to honor sight drafts under the L/Cs; and (B) Revolver Lenders severally agree to participate in L/Cs issued for the account of Borrower; provided that no L/C Issuer shall be obligated to make any L/C Credit Extension with respect to any L/C, and no Revolver Lender shall be obligated to participate in any L/C, if as of the date of such L/C Credit Extension (after giving effect to any proposed L/C Credit Extension on such date), (x) the Revolver Commitment Usage would exceed the Revolver Commitment, (y) the aggregate Outstanding Amount of the Revolver Loans of such Revolver Lender, plus such Revolver Lender’s Commitment Percentage of the Outstanding Amount of all L/C Exposure, plus such Revolver Lender’s Commitment Percentage of the Outstanding Amount of all Swing Line Loans would exceed such Revolver Lender’s Revolver Commitment, or (z) the Outstanding Amount of the L/C Exposure would exceed the L/C Sublimit. Each request by Borrower for the issuance or amendment of an L/C shall be deemed to be a representation by Borrower that the L/C Credit Extension so requested complies with the conditions set forth in the proviso to the preceding sentence. Within the foregoing limits, and subject to the terms and conditions hereof, Borrower’s ability to obtain L/Cs shall be fully revolving; accordingly Borrower may, during the foregoing period, obtain L/Cs to replace L/Cs that have expired or that have been drawn upon and reimbursed. All Existing L/Cs shall be deemed to have been issued pursuant hereto, and from and after the Closing Date shall be subject to and governed by the terms and conditions hereof.

Appears in 2 contracts

Samples: Credit Agreement (Vail Resorts Inc), Credit Agreement (Vail Resorts Inc)

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The L/C Commitment. (i) Subject to the terms and conditions set forth herein, (A) each the L/C Issuer agrees, in reliance upon the agreements of the other Revolver Borrowers and the Revolving Credit Lenders set forth in this Section 2.32.03, (1a) from time to time on any Business Day during the period from the Closing Second Restatement Date until the L/C Expiration Date, to issue L/Cs in Dollars Letters of Credit, or with respect (as the case may be) to cause Letters of Credit to be issued by the Australian L/C Substitute Issuer, the Alternative Currency, in each case for the account of Borrower or its Subsidiariesa Borrower, and to amend or renew extend Letters of Credit previously issued, or (as the case may be) to cause Letters of Credit previously issued to be amended or extended by the L/Cs previously issued by itC Substitute Issuer, all in accordance with subsection Section 2.03(b), and (b) belowto honor drawings under the Letters of Credit, and or (2as the case may be) to honor sight drafts under cause the L/CsC Substitute Issuer to honor drawings under the Letters of Credit; and (B) Revolver the Revolving Credit Lenders severally agree to participate in L/Cs Letters of Credit issued for the account of Borrowera Borrower and any drawings thereunder; provided provided, however, that no L/C Issuer shall be obligated after giving effect to make any L/C Credit Extension with respect to any L/C, and no Revolver Lender shall be obligated to participate in any L/C, if as Letter of the date of such L/C Credit Extension (after giving effect to any proposed L/C Credit Extension on such date)Credit, (x) the Revolver Commitment Usage would Consolidated Revolving Credit Outstanding shall not exceed the Revolver CommitmentRevolving Credit Commitment then in effect, (y) the aggregate Outstanding Amount of the Revolver Revolving Credit Loans of such Revolver any Revolving Lender, plus such Revolver Lender’s Commitment Applicable Revolving Credit Percentage of the Outstanding Amount of all L/C ExposureObligations, plus shall not exceed such Revolver Lender’s Commitment Percentage of the Outstanding Amount of all Swing Line Loans would exceed such Revolver Lender’s Revolver Revolving Credit Commitment, or and (z) the aggregate Outstanding Amount of the L/C Exposure would Obligations shall not exceed the L/C SublimitCommitment. Each request by Borrower the Lead Borrower, on behalf of any Borrower, for the issuance or amendment of an L/C a Letter of Credit shall be deemed to be a representation by Borrower the Borrowers that the L/C Credit Extension so requested complies with the conditions set forth in the proviso to the preceding sentence. Within the foregoing limits, and subject to the terms and conditions hereof, a Borrower’s ability to obtain L/Cs Letters of Credit shall be fully revolving; , and accordingly a Borrower may, during the foregoing period, obtain L/Cs Letters of Credit to replace L/Cs Letters of Credit that have expired or that have been drawn upon and reimbursed. All Existing L/Cs shall be deemed to have been issued pursuant hereto, and from and after the Closing Date shall be subject to and governed by the terms and conditions hereof.

Appears in 1 contract

Samples: Credit Agreement (GTT Communications, Inc.)

The L/C Commitment. (i) Subject to the terms and conditions set forth herein, (A) each L/C Issuer agrees, in reliance upon the agreements of the other Revolver Lenders set forth in this Section 2.3, (1) from time to time on any Business Day during the period from the Closing Date until the L/C Expiration Date, to issue L/Cs in Dollars or with respect to the Australian L/C Issuer, the Alternative Currency, for the account of Borrower or its SubsidiariesSubsidiaries in an aggregate amount not to exceed such L/C Issuer’s L/C Commitment, and to amend or renew L/Cs previously issued by it, in accordance with subsection (b) below, and (2) to honor sight drafts under the L/Cs; and (B) Revolver Lenders severally agree to participate in L/Cs issued for the account of Borrower; provided that no L/C Issuer shall be obligated to make any L/C Credit Extension with respect to any L/C, and no Revolver Lender shall be obligated to participate in any L/C, if as of the date of such L/C Credit Extension (after giving effect to any proposed L/C Credit Extension on such date), (x) the Revolver Commitment Usage would exceed the Revolver Commitment, (y) the aggregate Outstanding Amount of the Revolver Loans of such Revolver Revolving Lender, plus such Revolver Lender’s Commitment Percentage of the Outstanding Amount of all L/C Exposure, plus such Revolver Revolving Lender’s Commitment Percentage of the Outstanding Amount Amounts of all Swing Line Loans would exceed such Revolver Lender’s Revolver Commitment, or (z) the Outstanding Amount of the L/C Exposure would exceed the L/C Sublimit. Each request by Borrower for the issuance or amendment of an L/C shall be deemed to be a representation by Borrower that the L/C Credit Extension so requested complies with the conditions set forth in the proviso to the preceding sentence. Within the foregoing limits, and subject to the terms and conditions hereof, Borrower’s ability to obtain L/Cs shall be fully revolving; accordingly Borrower may, during the foregoing period, obtain L/Cs to replace L/Cs that have expired or that have been drawn upon and reimbursed. All Existing L/Cs shall be deemed to have been issued pursuant hereto, and from and after the Closing Date shall be subject to and governed by the terms and conditions hereof.

Appears in 1 contract

Samples: Credit Agreement (Vail Resorts Inc)

The L/C Commitment. (i) Subject to the terms and conditions set forth herein, (A) each L/C Issuer agrees, in reliance upon the agreements of the other Revolver Lenders set forth in this Section 2.3, (1) from time to time on any Business Day during the period from the Closing Date until the L/C Expiration Date, to issue L/Cs in Dollars or with respect to the Australian L/C Issuer, the Alternative Currency, for the account of Borrower or its SubsidiariesBorrower, and to amend or renew L/Cs previously issued by it, in accordance with subsection (b) below, and (2) to honor sight drafts under the L/Cs; and (B) Revolver Lenders severally agree to participate in L/Cs issued for the account of Borrower; provided that no L/C Issuer shall be obligated to make any L/C Credit Extension with respect to any L/C, and no Revolver Lender shall be obligated to participate in any L/C, if as of the date of such L/C Credit Extension (after giving effect to any proposed L/C Credit Extension on such date), (x) the Revolver Commitment Usage would exceed the Revolver Commitment, (y) the aggregate Outstanding Amount of the Revolver Loans of such any Revolver Lender, plus such Revolver Lender’s 's Commitment Percentage of the Outstanding Amount of all L/C Exposure, plus such Revolver Lender’s Commitment Percentage of the Outstanding Amount of all Swing Line Loans Usage would exceed such Revolver Lender’s 's Committed Sum for the Revolver CommitmentFacility, or (z) the Outstanding Amount of the L/C Exposure would exceed $150,000,000 (which amount is part of, and not in addition to, the L/C Sublimit. Each request by Borrower for the issuance or amendment of an L/C shall be deemed to be a representation by Borrower that the L/C Credit Extension so requested complies with the conditions set forth in the proviso to the preceding sentenceRevolver Commitment). Within the foregoing limits, and subject to the terms and conditions hereof, Borrower’s 's ability to obtain L/Cs shall be fully revolving; accordingly Borrower may, during the foregoing period, obtain L/Cs to replace L/Cs that have expired or that have been drawn upon and reimbursed. All Existing L/Cs existing on the Closing Date and set forth on Part A of Schedule 2.3 shall be deemed to have been issued pursuant hereto, and from and after the Closing Date shall be subject to and governed by the terms and conditions hereof.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Vail Resorts Inc)

The L/C Commitment. (ia) Subject to the terms and conditions set forth hereinof this Agreement, (Ai) each L/C Issuer agrees, in reliance upon on the agreements of the other Revolver Lenders set forth in this Section 2.3Article III, (1A) from time to time on any Business Day during the period from the Closing Agreement Date until the L/C Facility Expiration Date, to issue L/Cs in Dollars or with respect to the Australian L/C Issuer, the Alternative Currency, Letters of Credit for the account of Borrower or its Subsidiariesand each RIC, and to amend or renew L/Cs Letters of Credit previously issued by it, in accordance with subsection (b) belowSection 3.1(b), and (2) to honor sight drafts under the L/Cs; and (B) Revolver to honor drafts under the Letters of Credit, and (ii) Lenders severally agree to participate in L/Cs Letters of Credit issued for the account of BorrowerBorrower or any RIC; provided that no L/C Issuer shall not be obligated to make any L/C Credit Extension with respect to any L/C, and no Revolver Lender shall be obligated to participate in any L/CLetter of Credit, if as of the date of and before or after giving effect to such L/C Credit Extension (after giving effect to any proposed L/C Credit Extension on such date)Extension, (x1) the Revolver Commitment Usage would exceed the Revolver Commitment, (y) the aggregate Outstanding Amount of the Revolver Loans of such Revolver Lender, plus such Revolver Lender’s Commitment Percentage of the Outstanding Amount of all L/C Exposure, plus such Revolver Lender’s Commitment Percentage of the Outstanding Amount of all Swing Line Loans would exceed such Revolver Lender’s Revolver Commitment, or (z) the Outstanding Amount of the L/C Exposure Obligations would exceed the L/C Sublimit. Each request by Borrower for Commitment, or (2) the issuance or amendment of an L/C shall be deemed to be a representation by Borrower that Outstanding Amount would exceed the L/C Credit Extension so requested complies with the conditions set forth in the proviso to the preceding sentenceAggregate Commitments. Within the foregoing limits, and subject to the terms and conditions hereof, Borrower’s ability to obtain L/Cs Letters of Credit shall be fully revolving; , and accordingly Borrower may, during the foregoing period, obtain L/Cs Letters of Credit to replace L/Cs Letters of Credit that have expired or that have been drawn upon and reimbursed. All Existing The L/Cs shall be deemed C Commitment is a subfacility of the Aggregate Commitments and not in addition to have been issued pursuant hereto, and from and after the Closing Date shall be subject to and governed by the terms and conditions hereofAggregate Commitments.

Appears in 1 contract

Samples: Credit Agreement (Affirmative Insurance Holdings Inc)

The L/C Commitment. (i) Subject to the terms and conditions set forth herein, (A) each the L/C Issuer agrees, in reliance upon the agreements of the other Revolver Borrower and the Revolving Lenders set forth in this Section 2.32.08, (1a) from time to time on any Business Day during the period from the Closing Date until the L/C Expiration Date, to issue L/Cs in Dollars Letters of Credit, or with respect (as the case may be) to cause Letters of Credit to be issued by the Australian L/C Substitute Issuer, the Alternative Currency, in each case for the account of the Borrower or its Subsidiariesunder this Agreement, and to amend or renew extend Letters of Credit previously issued, or (as the case may be) to cause Letters of Credit previously issued to be amended or extended by the L/Cs previously issued by itC Substitute Issuer, all in accordance with subsection Section 2.08(b), and (b) belowto honor drawings under the Letters of Credit, and or (2as the case may be) to honor sight drafts under cause the L/CsC Substitute Issuer to honor drawings under the Letters of Credit; and (B) Revolver the Revolving Lenders severally agree to participate in L/Cs Letters of Credit issued for the account of Borrowerthe Borrower and any drawings thereunder; provided provided, however, that no L/C Issuer shall be obligated after giving effect to make any L/C Credit Extension with respect to any L/C, and no Revolver Lender shall be obligated to participate in any L/C, if as Letter of the date of such L/C Credit Extension (after giving effect to any proposed L/C Credit Extension on such date)Credit, (x) the Revolver Commitment Usage would Total Revolving Credit Outstanding shall not exceed the Maximum Revolver CommitmentAmount then in effect, (y) the aggregate Outstanding Amount of the Revolver Revolving Loans of such Revolver any Revolving Lender, plus such Revolver Lender’s applicable Revolving Commitment Percentage of the Outstanding Amount of all L/C ExposureObligations, plus shall not exceed such Revolver Lender’s Commitment Percentage of the Outstanding Amount of all Swing Line Loans would exceed such Revolver Lender’s Revolver Revolving Commitment, or and (z) the aggregate Outstanding Amount of the L/C Exposure would Obligations shall not exceed the L/C SublimitCommitment. Each request by the Borrower for the issuance or amendment of an L/C a Letter of Credit shall be deemed to be a representation by the Borrower that the L/C Credit Extension so requested complies with the conditions set forth in the proviso to the preceding sentence. Within the foregoing limits, and subject to the terms and conditions hereof, the Borrower’s ability to obtain L/Cs Letters of Credit shall be fully revolving; , and accordingly the Borrower may, during the foregoing period, obtain L/Cs Letters of Credit to replace L/Cs Letters of Credit that have expired or that have been drawn upon and reimbursed. All Existing L/Cs shall be deemed to have been issued pursuant hereto, and from and after the Closing Date shall be subject to and governed by the terms and conditions hereof.

Appears in 1 contract

Samples: Credit Agreement (Virtual Radiologic CORP)

The L/C Commitment. (i) Subject to the terms and conditions set forth herein, (A) each L/C Issuer agrees, in reliance upon the agreements of the other Revolver Lenders set forth in this Section 2.3, (1) from time to time on any Business Day during the period from the Closing Date until the L/C Expiration Date, to issue L/Cs in Dollars or with respect to the Australian L/C Issuer, the Alternative Currency, for the account of Borrower or its SubsidiariesSubsidiaries in an aggregate amount not to exceed such L/C Issuer’s L/C Commitment, and to amend or renew L/Cs previously issued by it, in accordance with subsection (b) below, and (2) to honor sight drafts under the L/Cs; and (B) Revolver Lenders severally agree to participate in L/Cs issued for the account of Borrower; provided that no L/C Issuer shall be obligated to make any L/C Credit Extension with respect to any L/C, and no Revolver Lender shall be obligated to participate in any L/C, if as of the date of such L/C Credit Extension (after giving effect to any proposed L/C Credit Extension on such date), (x) the Revolver Commitment Usage would exceed the Revolver Commitment, (y) the aggregate Outstanding Amount of the Revolver Loans of such Revolver Revolving Lender, plus such Revolver Lender’s Commitment Percentage of the Outstanding Amount of all L/C Exposure, plus such Revolver Revolving Lender’s Commitment Percentage of the Outstanding Amount Amounts of all Swing Line Loans would exceed such Revolver Lender’s Revolver Commitment, or (z) the Outstanding Amount of the L/C Exposure would exceed the L/C Sublimit. Each request by Borrower for the issuance or amendment of an L/C shall be deemed 41 to be a representation by Borrower that the L/C Credit Extension so requested complies with the conditions set forth in the proviso to the preceding sentence. Within the foregoing limits, and subject to the terms and conditions hereof, Borrower’s ability to obtain L/Cs shall be fully revolving; accordingly Borrower may, during the foregoing period, obtain L/Cs to replace L/Cs that have expired or that have been drawn upon and reimbursed. All Existing L/Cs shall be deemed to have been issued pursuant hereto, and from and after the Closing Date shall be subject to and governed by the terms and conditions hereof.

Appears in 1 contract

Samples: Credit Agreement (Vail Resorts Inc)

The L/C Commitment. (ia) Subject to the terms and conditions set forth hereinhereof, (A) each L/C Issuer agreesthe Issuing Lender, in reliance upon on the agreements of the other Revolver Revolving Credit Lenders set forth in this Section 2.3subsection 3.4(a), (1) from time agrees to time issue Letters of Credit for the account of the Borrower, and Standby L/Cs for the account of Camden solely to support its obligations with respect to the IRBs, on any Business Day during the period Revolving Credit Commitment Period in such form as may be approved from time to time by the Closing Date until Issuing Lender; provided that no Issuing Lender shall issue any Letter of Credit if, after giving effect to such issuance, (i) the L/C Expiration DateObligations would exceed $35,000,000 or (ii) the sum of the Revolving Credit Loans, to issue L/Cs Swing Line Loans and Letter of Credit Outstandings of all the Revolving Credit Lenders would exceed the lesser of (x) the Revolving Credit Commitments less the amount of any commitment in Dollars or with respect to of any working capital facility described in subsection 8.2(i) (iii) of all the Australian Revolving Credit Lenders and (y) the Borrowing Base then in effect. Each Letter of Credit shall (i) be either (x) a Standby L/C Issuer, issued to support obligations of the Alternative Currency, for the account of Borrower or any of its Subsidiaries, contingent or otherwise, which finance the working capital and to amend business needs of the Borrower and its Subsidiaries incurred in the ordinary course of business, or renew (y) a Trade L/Cs previously issued C in respect of the purchase of goods or services by it, the Borrower or any of its Subsidiaries in accordance with subsection (b) below, the ordinary course of business and (2ii) to honor sight drafts under expire no later than the Revolving Credit Commitment Termination Date. No Standby L/Cs; and (B) Revolver Lenders severally agree to participate in C shall have an expiry date more than 360 days after its date of issuance, provided that a Standby L/Cs C may be renewed for additional 360 day periods, but may not be extended beyond the Revolving Credit Commitment Termination Date. No Trade L/C shall have an expiry date more than 120 days after its issuance or later than thirty days prior to the Revolving Credit Commitment Termination Date. Each Letter of Credit shall be denominated in Dollars. No Letter of Credit shall be issued for the account of Borrower; provided that no L/C Issuer Camden hereunder unless the Borrower shall be obligated to make any L/C Credit Extension with respect to any L/C, have executed and no Revolver Lender shall be obligated to participate in any L/C, if as of delivered the date of such L/C Credit Extension (after giving effect to any proposed L/C Credit Extension on such date), (x) the Revolver Commitment Usage would exceed the Revolver Commitment, (y) the aggregate Outstanding Amount of the Revolver Loans of such Revolver Lender, plus such Revolver Lender’s Commitment Percentage of the Outstanding Amount of all L/C Exposure, plus such Revolver Lender’s Commitment Percentage of the Outstanding Amount of all Swing Line Loans would exceed such Revolver Lender’s Revolver Commitment, or (z) the Outstanding Amount of the L/C Exposure would exceed the L/C Sublimit. Each request by Borrower for the issuance or amendment of an L/C shall be deemed to be a representation by Borrower that the L/C Credit Extension so requested complies with the conditions set forth in the proviso to the preceding sentence. Within the foregoing limits, and subject to the terms and conditions hereof, Borrower’s ability to obtain L/Cs shall be fully revolving; accordingly Borrower may, during the foregoing period, obtain L/Cs to replace L/Cs that have expired or that have been drawn upon and reimbursed. All Existing L/Cs shall be deemed to have been issued pursuant hereto, and from and after the Closing Date shall be subject to and governed by the terms and conditions hereofGuarantee.

Appears in 1 contract

Samples: Credit Agreement (International Wire Group Inc)

The L/C Commitment. (i) Subject to the terms and conditions set forth herein, (A) each L/C Issuer agrees, in reliance upon the agreements of the other Revolver Lenders set forth in this Section 2.3, (1) from time to time on any Business Day during the period from the Closing Date until the L/C Expiration Date, to issue L/Cs in Dollars or with respect to the Australian L/C Issuer, the Alternative Currency, for the account of Borrower or its Subsidiaries, and to amend or renew L/Cs previously issued by it, in accordance with subsection (b) below, and (2) to honor sight drafts under the L/Cs; and (B) Revolver Lenders severally agree to participate in L/Cs issued for the account of Borrower; provided that no L/C Issuer shall be obligated to make any L/C Credit Extension with respect to any L/C, and no Revolver Lender shall be obligated to participate in any L/C, if as of the date of such L/C Credit Extension (after giving effect to any proposed L/C Credit Extension on such date), (x) the Revolver Commitment Usage would exceed the Revolver Total Commitment, (y) the aggregate Outstanding Amount of the Revolver Loans of such Revolver Lender, plus such Revolver Lender’s Commitment Percentage of the Outstanding Amount of all L/C Exposure, plus such Revolver Lender’s Commitment Percentage of the Outstanding Amount of all Swing Line Loans would exceed such Revolver Lender’s Revolver Commitment, or (z) the Outstanding Amount of the L/C Exposure would exceed the L/C Sublimit. Each request by Borrower for the issuance or amendment of an L/C shall be deemed to be a representation by Borrower that the L/C Credit Extension so requested complies with the conditions set forth in the proviso to the preceding sentence. Within the foregoing limits, and subject to the terms and conditions hereof, Borrower’s ability to obtain L/Cs shall be fully revolving; accordingly Borrower may, during the foregoing period, obtain L/Cs to replace L/Cs that have expired or that have been drawn upon and reimbursed. All Existing L/Cs shall be deemed to have been issued pursuant hereto, and from and after the Closing Date shall be subject to and governed by the terms and conditions hereof.

Appears in 1 contract

Samples: Pledge Agreement (Vail Resorts Inc)

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The L/C Commitment. (ia) Subject Pursuant to the terms Existing Credit Agreement, the Issuing Lenders specified on Schedule 3.1 have issued the letters of credit described on Schedule 3.1 (the "EXISTING LETTERS OF CREDIT"), which from and conditions set forth herein, (A) each L/C Issuer agrees, in reliance upon the agreements of the other Revolver Lenders set forth in this Section 2.3, (1) from time to time on any Business Day during the period from after the Closing Date until the L/C Expiration Date, to issue L/Cs in Dollars or with respect to the Australian L/C Issuer, the Alternative Currency, for the account of Borrower or its Subsidiaries, and to amend or renew L/Cs previously issued by it, in accordance with subsection (b) below, and (2) to honor sight drafts under the L/Cs; and (B) Revolver Lenders severally agree to participate in L/Cs issued for the account of Borrower; provided that no L/C Issuer shall be obligated to make any L/C Credit Extension with respect to any L/C, and no Revolver Lender shall be obligated to participate in any L/C, if as of the date of such L/C Credit Extension (after giving effect to any proposed L/C Credit Extension on such date), (x) the Revolver Commitment Usage would exceed the Revolver Commitment, (y) the aggregate Outstanding Amount of the Revolver Loans of such Revolver Lender, plus such Revolver Lender’s Commitment Percentage of the Outstanding Amount of all L/C Exposure, plus such Revolver Lender’s Commitment Percentage of the Outstanding Amount of all Swing Line Loans would exceed such Revolver Lender’s Revolver Commitment, or (z) the Outstanding Amount of the L/C Exposure would exceed the L/C Sublimit. Each request by Borrower for the issuance or amendment of an L/C shall be deemed continue to be a representation by Borrower that the L/C Credit Extension so requested complies with the conditions set forth in the proviso to the preceding sentence"Letters of Credit" hereunder. Within the foregoing limits, and subject Subject to the terms and conditions hereof, Borrower’s ability the Issuing Lender, in reliance on the agreements of the other Lenders set forth in subsection 3.4(a), agrees to obtain L/Cs issue letters of credit (together with the Existing Letters of Credit, the "LETTERS OF CREDIT") for the account of the Borrower on any Business Day during the Commitment Period in such form as may be approved from time to time by the Issuing Lender; PROVIDED that the Issuing Lender shall not issue any Letter of Credit if, after giving effect to such issuance and after giving effect to any Loans requested to be made or Letters of Credit requested to be issued on such date, (i) the Letter of Credit Outstandings would exceed $15,000,000 or (ii) the sum of the Revolving Credit Loans and Letter of Credit Outstandings would exceed the lesser of (x) the Revolving Credit Commitments and (y) the Borrowing Base then in effect. Each Letter of Credit shall (i) be issued to support obligations of the Borrower or any of its Subsidiaries, contingent or otherwise, which finance the working capital and business needs of the Borrower and its Subsidiaries, and (ii) shall expire no later than the earlier of (x) one year (or such later date agreed to by the Issuing Lender) after the date of issuance and (y) five Business Days prior to the Termination Date, PROVIDED that any Letter of Credit with a one-year tenor may provide for the extension thereof for additional one-year periods (which shall in no event extend beyond the date referred to in clause (y) above). Each Letter of Credit shall be fully revolving; accordingly Borrower may, during the foregoing period, obtain L/Cs to replace L/Cs that have expired or that have been drawn upon and reimbursed. All Existing L/Cs shall be deemed to have been issued pursuant hereto, and from and after the Closing Date shall be subject to and governed by the terms and conditions hereofdenominated in Dollars.

Appears in 1 contract

Samples: Credit Agreement (Meridian Resource Corp)

The L/C Commitment. (i) Subject to the terms and conditions set forth herein, (A) each L/C Issuer agrees, in reliance upon the agreements of the other Revolver Borrowers and the Revolving Credit Lenders set forth in this Section 2.32.03, (1a) from time to time on any Business Day during the period from the Closing Amendment Effective Date until the L/C Expiration Date, to issue L/Cs in Dollars Letters of Credit, or with respect (as the case may be) to cause Letters of Credit to be issued by the Australian L/C Substitute Issuer, the Alternative Currency, in each case for the account of Borrower or its Subsidiariesa Borrower, and to amend or renew extend Letters of Credit previously issued, or (as the case may be) to cause Letters of Credit previously issued to be amended or extended by the L/Cs previously issued by itC Substitute Issuer, all in accordance with subsection Section 2.03(b), and (b) belowto honor drawings under the Letters of Credit, and or (2as the case may be) to honor sight drafts under cause the L/CsC Substitute Issuer to honor drawings under the Letters of Credit; and (B) Revolver the Revolving Credit Lenders severally agree to participate in L/Cs Letters of Credit issued for the account of Borrowera Borrower and any drawings thereunder; provided provided, however, that no L/C Issuer shall be obligated after giving effect to make any L/C Credit Extension with respect to any L/C, and no Revolver Lender shall be obligated to participate in any L/C, if as Letter of the date of such L/C Credit Extension (after giving effect to any proposed L/C Credit Extension on such date)Credit, (x) the Revolver Commitment Usage would Consolidated Revolving Credit Outstanding shall not exceed the Revolver CommitmentRevolving Credit Commitment then in effect, (y) the aggregate Outstanding Amount of the Revolver Revolving Credit Loans of such Revolver any Revolving Credit Lender, plus such Revolver Lender’s Commitment Applicable Revolving Credit Percentage of the Outstanding Amount of all L/C ExposureObligations, plus shall not exceed such Revolver Lender’s Commitment Percentage of the Outstanding Amount of all Swing Line Loans would exceed such Revolver Lender’s Revolver Revolving Credit Commitment, or and (z) the aggregate Outstanding Amount of the L/C Exposure would Obligations shall not exceed the L/C SublimitCommitment. Each request by Borrower the Lead Borrower, on behalf of any Borrower, for the issuance or amendment of an L/C a Letter of Credit shall be deemed to be a representation by Borrower the Borrowers that the L/C Credit Extension so requested complies with the conditions set forth in the proviso to the preceding sentence. Within the foregoing limits, and subject to the terms and conditions hereof, a Borrower’s ability to obtain L/Cs Letters of Credit shall be fully revolving; , and accordingly a Borrower may, during the foregoing period, obtain L/Cs Letters of Credit to replace L/Cs Letters of Credit that have expired or that have been drawn upon and reimbursed. All Existing L/Cs shall be deemed to have been issued pursuant hereto, and from and after the Closing Date shall be subject to and governed by the terms and conditions hereof.

Appears in 1 contract

Samples: Credit Agreement (GTT Communications, Inc.)

The L/C Commitment. (i) Subject to the terms and conditions set forth herein, (A) each L/C Issuer agrees, in reliance upon the agreements of the other Revolver Lenders set forth in this Section 2.3, (1) from time to time on any Business Day during the period from the Closing Date until the L/C Expiration Date, to issue L/Cs in Dollars or with respect to the Australian L/C Issuer, the Alternative Currency, for the account of Borrower or its SubsidiariesSubsidiaries in an aggregate amount not to exceed such L/C Issuer’s L/C Commitment, and to amend or renew L/Cs previously issued by it, in accordance with subsection (b) below, and (2) to honor sight drafts under the L/Cs; and (B) Revolver Lenders severally agree to participate in L/Cs issued for the account of Borrower; provided that no L/C Issuer shall be obligated to make any L/C Credit Extension with respect to any L/C, and no Revolver Lender shall be obligated to participate in any L/C, if as of the date of such L/C Credit Extension (after giving effect to any proposed L/C Credit Extension on such date), (x) the Revolver Commitment Usage would exceed the Revolver Commitment, (y) the aggregate Outstanding Amount of the Revolver Loans of such Revolver Revolving Lender, plus such Revolver Lender’s Commitment Percentage of the Outstanding Amount of all L/C Exposure, plus such Revolver Revolving Lender’s Commitment Percentage of the Outstanding Amount Amounts of all Swing Line Loans would exceed such Revolver Lender’s Revolver Commitment, or (z) the Outstanding Amount of the L/C Exposure would exceed the L/C Sublimit. Each request by Borrower for the issuance or amendment of an L/C shall be deemed to be a representation by Borrower that the L/C Credit Extension so requested complies with the conditions set forth in the proviso to the preceding sentence. Within the foregoing limits, and subject to the terms and conditions hereof, BorrowerXxxxxxxx’s ability to obtain L/Cs shall be fully revolving; accordingly Borrower may, during the foregoing period, obtain L/Cs to replace L/Cs that have expired or that have been drawn upon and reimbursed. All Existing L/Cs shall be deemed to have been issued pursuant hereto, and from and after the Closing Date shall be subject to and governed by the terms and conditions hereof.

Appears in 1 contract

Samples: Credit Agreement (Vail Resorts Inc)

The L/C Commitment. (i) Subject to the terms and conditions set forth herein, (A) each L/C Issuer agrees, in reliance upon the agreements of the other Revolver Lenders set forth in this Section 2.3, (1) from time to time on any Business Day during the period from the 42 Closing Date until the L/C Expiration Date, to issue L/Cs in Dollars or with respect to the Australian L/C Issuer, the Alternative Currency, for the account of Borrower or its SubsidiariesSubsidiaries in an aggregate amount not to exceed such L/C Issuer’s L/C Commitment, and to amend or renew L/Cs previously issued by it, in accordance with subsection (b) below, and (2) to honor sight drafts under the L/Cs; and (B) Revolver Lenders severally agree to participate in L/Cs issued for the account of Borrower; provided that no L/C Issuer shall be obligated to make any L/C Credit Extension with respect to any L/C, and no Revolver Lender shall be obligated to participate in any L/C, if as of the date of such L/C Credit Extension (after giving effect to any proposed L/C Credit Extension on such date), (x) the Revolver Commitment Usage would exceed the Revolver Commitment, (y) the aggregate Outstanding Amount of the Revolver Loans of such Revolver Revolving Lender, plus such Revolver Lender’s Commitment Percentage of the Outstanding Amount of all L/C Exposure, plus such Revolver Lender’s Commitment Percentage of the Outstanding Amount of all Swing Line Loans would exceed such Revolver Lender’s Revolver Commitment, or (z) the Outstanding Amount of the L/C Exposure would exceed the L/C Sublimit. Each request by Borrower for the issuance or amendment of an L/C shall be deemed to be a representation by Borrower that the L/C Credit Extension so requested complies with the conditions set forth in the proviso to the preceding sentence. Within the foregoing limits, and subject to the terms and conditions hereof, BorrowerXxxxxxxx’s ability to obtain L/Cs shall be fully revolving; accordingly Borrower may, during the foregoing period, obtain L/Cs to replace L/Cs that have expired or that have been drawn upon and reimbursed. All Existing L/Cs shall be deemed to have been issued pursuant hereto, and from and after the Closing Date shall be subject to and governed by the terms and conditions hereof.

Appears in 1 contract

Samples: Credit Agreement (Vail Resorts Inc)

The L/C Commitment. (i) Subject to the terms and conditions set forth herein, (A) each L/C Issuer agrees, in reliance upon the agreements of the other Revolver Lenders set forth in this Section 2.3, (1) from time to time on any Business Day during the period from the Closing Date until the L/C Expiration Date, to issue L/Cs in Dollars or with respect to the Australian L/C Issuer, the Alternative Currency, for the account of Borrower or its SubsidiariesBorrower, and to amend or renew L/Cs previously issued by it, in accordance with subsection (b) below, and (2) to honor sight drafts under the L/Cs; and (B) Revolver Lenders severally agree to participate in L/Cs issued for the account of Borrower; provided that no L/C Issuer shall be obligated to make any L/C Credit Extension with respect to any L/C, and no Revolver Lender shall be obligated to participate in any L/C, if as of the date of such L/C Credit Extension (after giving effect to any proposed L/C Credit Extension on such date), (x) the Revolver Commitment Usage would exceed the Revolver Total Commitment, (y) the aggregate Outstanding Amount of the Revolver Loans of such Revolver Lender, plus such Revolver Lender’s Commitment Percentage of the Outstanding Amount of all L/C Exposure, plus such Revolver Lender’s Commitment Percentage of the Outstanding Amount of all Swing Line Loans would exceed such Revolver Lender’s Revolver Commitment, or (z) the Outstanding Amount of the L/C Exposure would exceed the L/C Sublimit. Each request by Borrower for the issuance or amendment of an L/C shall be deemed to be a representation by Borrower that the L/C Credit Extension so requested complies with the conditions set forth in the proviso to the preceding sentence. Within the foregoing limits, and subject to the terms and conditions hereof, Borrower’s ability to obtain L/Cs shall be fully revolving; accordingly Borrower may, during the foregoing period, obtain L/Cs to replace L/Cs that have expired or that have been drawn upon and reimbursed. All Existing L/Cs shall be deemed to have been issued pursuant hereto, and from and after the Closing Date shall be subject to and governed by the terms and conditions hereof.

Appears in 1 contract

Samples: Pledge Agreement (Vail Resorts Inc)

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