Common use of Tranche B Letters of Credit Clause in Contracts

Tranche B Letters of Credit. On the relevant Applicable Conversion Date with respect to any Existing L/C, (a) any existing participation of a Tranche B Lender (in its capacity as a Prepetition Lender) in such Existing L/C shall terminate and be of no further force and effect, (b) any rights or obligations of Tranche B Lenders (in their capacity as Prepetition Lenders) to reimburse or participate in honored drawings under, or to participate in payments made by Company or any of its Subsidiaries with respect to, such Existing L/C under any of the Prepetition Credit Documents shall be superseded by this Agreement, and (c) any and all rights, titles, claims (including "claims" within the meaning of Section 101(5) of the Federal Bankruptcy Reform Act of 1978 (11 U.S.C.ss.101, et seq.)), interests, powers and privileges -- ---- of the issuer of any Existing L/C under the Prepetition Credit Documents shall be deemed to have reverted back to the Issuing Lender of such Existing L/C and such Existing L/C shall be deemed to be converted on such date to a Tranche B Letter of Credit under this Agreement. Subject to the provisions of subsection 3.1B(ii), prior to the expiration date of any Tranche B Letter of Credit, the Issuing Lender with respect to such Tranche B Letter of Credit may, and at the request of Agents shall, issue a Tranche B Letter of Credit to replace such expiring Tranche B Letter of Credit or amend or extend the expiration date of such expiring Tranche B Letter of Credit, and upon such issuance or extension Borrowers shall be deemed to have requested that the Issuing Lender with respect to such outstanding Tranche B Letter of Credit issue a Tranche B Letter of Credit to replace such Tranche B Letter of Credit or so extend the maturity of such Tranche B Letter of Credit, respectively; provided that no Issuing Lender shall issue or extend the expiration date of any outstanding Tranche B Letter of Credit: (a) if the underlying Contractual Obligation to provide any such Tranche B Letter of Credit or a replacement thereto to the beneficiary thereof has terminated, and/or the beneficiary of such Tranche B Letter of Credit has otherwise returned the same for cancellation without the expectation that a Tranche B Letter of Credit will be issued contemporaneously with such cancellation in substitution therefor; (b) unless the terms of such Tranche B Letter of Credit as so replaced or extended are substantially identical to the terms of the corresponding Tranche B Letter of Credit being replaced or extended; (c) unless the stated amount of such Tranche B Letter of Credit as so replaced or extended does not exceed the amount of the corresponding Tranche B Letter of Credit being replaced or extended, as the case may be, and is denominated in the same currency; (d) if such Tranche B Letter of Credit as so replaced or extended has an expiration date later than the earlier of (y) the day prior to the Stated Maturity Date and (z) the date which is one year from the date of issuance of such Tranche B Letter of Credit, unless a later expiration date is necessary in the judgment of Agents to avoid a drawing under the corresponding Tranche B Letter of Credit being replaced or extended, and such later expiration date is no later than the first date on which such corresponding Tranche B Letter of Credit being replaced or extended could expire without giving rise to a right of the beneficiary thereof to make a drawing thereunder solely as a result of or in anticipation of such expiration; or (e) if, after giving effect to such issuance or extension, the Total Utilization of Tranche B Commitments would exceed the Tranche B Commitments.

Appears in 1 contract

Samples: Debtor in Possession Credit Agreement (Covanta Energy Corp)

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Tranche B Letters of Credit. On Subject to the relevant Applicable Conversion Date with respect to any Existing L/C, (a) any existing participation terms and conditions hereof and the execution and delivery by the Borrower of a Tranche B Lender (in its capacity as a Prepetition Lender) in such Existing L/C shall terminate and be Letter of no further force and effectCredit Application, (b) any rights or obligations the Administrative Agent on behalf of the Tranche B Lenders (and in their capacity as Prepetition Lenders) to reimburse or participate in honored drawings under, or to participate in payments made by Company or any of its Subsidiaries with respect to, such Existing L/C under any reliance upon the agreement of the Prepetition Credit Documents shall be superseded by this Agreement, Tranche B Lenders set forth in Section 2.1.4 and (c) any upon the representations and all rights, titles, claims (including "claims" within the meaning of Section 101(5) warranties of the Federal Bankruptcy Reform Act of 1978 (11 U.S.C.ss.101Borrower contained herein, et seq.))agrees from time to time during the period from the Closing Date to the Commitment Maturity Date, interestsin its individual capacity, powers to issue, extend and privileges -- ---- renew for the account of the issuer Borrower one or more standby letters of any Existing L/C under the Prepetition Credit Documents shall be deemed to have reverted back to the Issuing Lender credit, each in a minimum face amount of such Existing L/C and such Existing L/C shall be deemed $1,000, to be converted on used in the ordinary course of the Borrower's business, denominated in Dollars and otherwise in such date form as may be requested from time to time by the Borrower and agreed to by the Administrative Agent (individually, a Tranche B Letter of Credit under this Agreement. Subject to the provisions of subsection 3.1B(ii), prior to the expiration date of any "Tranche B Letter of Credit"); provided, the Issuing Lender with respect to such Tranche B Letter of Credit mayhowever, and at the request of Agents shall, issue a Tranche B Letter of Credit to replace such expiring Tranche B Letter of Credit or amend or extend the expiration date of such expiring Tranche B Letter of Credit, and upon such issuance or extension Borrowers shall be deemed to have requested that the Issuing Lender with respect to such outstanding Tranche B Letter of Credit issue a Tranche B Letter of Credit to replace such Tranche B Letter of Credit or so extend the maturity of such Tranche B Letter of Credit, respectively; provided that no Issuing Lender shall issue or extend the expiration date of any outstanding Tranche B Letter of Credit: (a) if the underlying Contractual Obligation to provide any such Tranche B Letter of Credit or a replacement thereto to the beneficiary thereof has terminated, and/or the beneficiary of such Tranche B Letter of Credit has otherwise returned the same for cancellation without the expectation that a Tranche B Letter of Credit will be issued contemporaneously with such cancellation in substitution therefor; (b) unless the terms of such Tranche B Letter of Credit as so replaced or extended are substantially identical to the terms of the corresponding Tranche B Letter of Credit being replaced or extended; (c) unless the stated amount of such Tranche B Letter of Credit as so replaced or extended does not exceed the amount of the corresponding Tranche B Letter of Credit being replaced or extended, as the case may be, and is denominated in the same currency; (d) if such Tranche B Letter of Credit as so replaced or extended has an expiration date later than the earlier of (y) the day prior to the Stated Maturity Date and (z) the date which is one year from the date of issuance of such Tranche B Letter of Credit, unless a later expiration date is necessary in the judgment of Agents to avoid a drawing under the corresponding Tranche B Letter of Credit being replaced or extended, and such later expiration date is no later than the first date on which such corresponding Tranche B Letter of Credit being replaced or extended could expire without giving rise to a right of the beneficiary thereof to make a drawing thereunder solely as a result of or in anticipation of such expiration; or (e) ifthat, after giving effect to such issuance or extensionrequest, (i) the sum of the Dollar Equivalent of the Aggregate Maximum Drawing Amount and the Dollar Equivalent of the Unpaid Reimbursement Obligations shall not exceed the Total Utilization Commitment at any one time, (ii) the sum of the Tranche B Maximum Drawing Amount and all Unpaid Reimbursement Obligations consisting of amounts paid under Letters of Credit, as set forth in Section 2.2(a)(i), in respect of Tranche B Commitments would Letters of Credit shall not exceed the Total Tranche B CommitmentsCommitment at any one time and (iii) the sum of the Dollar Equivalent of the Aggregate Maximum Drawing Amount plus all Unpaid Reimbursement Obligations consisting of amounts paid under Letters of Credit, as set forth in Section 2.2(a)(i), shall not exceed the Collateral Coverage Amount.

Appears in 1 contract

Samples: Letter of Credit Reimbursement and Pledge Agreement (Montpelier Re Holdings LTD)

Tranche B Letters of Credit. On Subject to the relevant Applicable Conversion Date with respect to any Existing L/Cterms and conditions of this Agreement, Lender hereby establishes for the benefit of Borrower a letter of credit facility (a) any existing participation of a the “Tranche B Lender (in its capacity as a Prepetition Lender) in such Existing L/C shall terminate Facility”). Subject to the terms and be conditions of no further force and effect, (b) any rights or obligations of Tranche B Lenders (in their capacity as Prepetition Lenders) to reimburse or participate in honored drawings under, or to participate in payments made by Company or any of its Subsidiaries with respect to, such Existing L/C under any of the Prepetition Credit Documents shall be superseded by this Agreement, and (c) any and all rightsprovided no Event of Default exists, titles, claims (including "claims" within Lender hereby agrees for the meaning benefit of Section 101(5) Borrower to issue Letters of Credit for the Federal Bankruptcy Reform Act account of 1978 (11 U.S.C.ss.101, et seq.)), interests, powers and privileges -- ---- of the issuer of any Existing L/C under the Prepetition Credit Documents shall be deemed Borrower from time to have reverted back to the Issuing Lender of such Existing L/C and such Existing L/C shall be deemed to be converted on such date to a time hereunder. The Tranche B Letter of Credit under this Agreement. Subject to Amounts shall not at any time exceed the provisions Tranche X X/C Commitment. f. Sections 2.2(a) and (b) of subsection 3.1B(ii), prior to the expiration date of any Tranche B Letter of Credit, the Issuing Lender with respect to such Tranche B Letter of Credit may, and at the request of Agents shall, issue a Tranche B Letter of Credit to replace such expiring Tranche B Letter of Credit or amend or extend the expiration date of such expiring Tranche B Letter of Credit, and upon such issuance or extension Borrowers Loan Agreement shall be deemed amended and restated in their entirety to have requested that the Issuing Lender with respect to such outstanding Tranche B Letter of Credit issue a Tranche B Letter of Credit to replace such Tranche B Letter of Credit or so extend the maturity of such Tranche B Letter of Credit, respectively; provided that no Issuing Lender shall issue or extend the expiration date of any outstanding Tranche B Letter of Creditread as follows: (a) if As a part of the underlying Contractual Obligation Revolving Credit, and subject to provide its terms and conditions, Lender shall make available to Borrower Tranche A Letters of Credit which shall not exceed, in the aggregate at any such one time outstanding, the Tranche A L/C Commitment. As part of the Tranche B Facility, and subject to its terms and conditions, Lender shall make available to Borrower Tranche B Letters of Credit which shall not exceed, in the aggregate at any one time outstanding, the Tranche X X/C Commitment. Notwithstanding the foregoing, all Letters of Credit shall be in form and substance reasonably satisfactory to Lender. No Letter of Credit or a replacement thereto to the beneficiary thereof has terminated, and/or the beneficiary of such Tranche B Letter of Credit has otherwise returned the same for cancellation without the expectation that a Tranche B Letter of Credit will shall be issued contemporaneously with such cancellation in substitution therefor; (b) unless the terms of such Tranche B Letter of Credit as so replaced or extended are substantially identical to the terms of the corresponding Tranche B Letter of Credit being replaced or extended; (c) unless the stated amount of such Tranche B Letter of Credit as so replaced or extended does not exceed the amount of the corresponding Tranche B Letter of Credit being replaced or extended, as the case may be, and is denominated in the same currency; (d) if such Tranche B Letter of Credit as so replaced or extended has an expiration expiry date later than the earlier of (yi) the day prior to the Stated Maturity Date and three hundred ninety five (z395) the date which is one year days from the date of issuance for a stand-by letter of such Tranche B Letter credit (including Evergreen Letters), or one hundred eighty (180) days from the date of Creditissuance for documentary letter of credit, unless a later expiration date is necessary in or (ii) ten (10) Business Days prior to the judgment of Agents Revolving Credit Maturity Date. Borrower shall execute and deliver to avoid a drawing under the corresponding Tranche B Issuer all Letter of Credit being replaced or extended, and Documents reasonably required by Lender for such later expiration date is no later than the first date on which such corresponding Tranche B purposes. Each Letter of Credit being replaced or extended could expire without giving rise shall comply with the Letter of Credit Documents. (b) Each Tranche A Letter of Credit issued from time to a right time under the Revolving Credit which remains outstanding and undrawn (and the amounts of draws on Letters of Credit prior to payment as hereinafter set forth) shall reduce, dollar for dollar, the amount available to be borrowed by Borrower under the Revolving Credit. Section 3.1 of the beneficiary thereof to make a drawing thereunder solely Loan Agreement shall be amended in its entirety, and shall read as a result of or in anticipation of such expiration; or (e) if, after giving effect to such issuance or extension, the Total Utilization of Tranche B Commitments would exceed the Tranche B Commitments.follows:

Appears in 1 contract

Samples: Loan and Security Agreement (Resorts International Hotel & Casino Inc)

Tranche B Letters of Credit. On Subject to the relevant Applicable Conversion Date with respect terms and conditions hereof, US Borrower may during the Tranche B Revolving Period request US LC Issuer to any Existing L/Cissue one or more TRB Letters of Credit, provided that, after taking such TRB Letter of Credit into account: (a) any existing participation of a the Tranche B Lender (in its capacity as a Prepetition Lender) in Facility Usage does not exceed the Tranche B Maximum Credit Amount at such Existing L/C shall terminate and be of no further force and effect, time; (b) any rights or obligations the aggregate amount of Tranche B Lenders (in their capacity as Prepetition Lenders) to reimburse or participate in honored drawings under, or to participate in payments made by Company or any TRB US LC Obligations arising from TRB Letters of its Subsidiaries with respect to, Credit issued under this Agreement at such Existing L/C under any of time does not exceed the Prepetition Credit Documents shall be superseded by this Agreement, and TRB US LC Sublimit; (c) any and all rights, titles, claims (including "claims" within the meaning of Section 101(5) of the Federal Bankruptcy Reform Act of 1978 (11 U.S.C.ss.101, et seq.)), interests, powers and privileges -- ---- of the issuer of any Existing L/C under the Prepetition Credit Documents shall be deemed to have reverted back to the Issuing Lender of such Existing L/C and such Existing L/C shall be deemed to be converted on such date to a Tranche B Letter of Credit under this Agreement. Subject to the provisions of subsection 3.1B(ii), prior to the expiration date of any Tranche B Letter of Credit, the Issuing Lender with respect to such Tranche B Letter of Credit may, and at the request of Agents shall, issue a Tranche B Letter of Credit to replace such expiring Tranche B Letter of Credit or amend or extend the expiration date of such expiring Tranche B Letter of Credit, and upon such issuance or extension Borrowers shall be deemed to have requested that the Issuing Lender with respect to such outstanding Tranche B TRB Letter of Credit issue a is prior to the end of the Tranche B Maturity Date; (d) such TRB Letter of Credit is to replace such Tranche B Letter be used for general corporate purposes of Credit US Borrower or so extend one or more of its Subsidiaries; (e) the maturity issuance of such Tranche B Letter of Credit, respectively; provided that no Issuing Lender shall issue or extend the expiration date of any outstanding Tranche B Letter of Credit: (a) if the underlying Contractual Obligation to provide any such Tranche B Letter of Credit or a replacement thereto to the beneficiary thereof has terminated, and/or the beneficiary of such Tranche B Letter of Credit has otherwise returned the same for cancellation without the expectation that a Tranche B TRB Letter of Credit will be issued contemporaneously in compliance with such cancellation in substitution thereforall applicable governmental restrictions, policies, and guidelines and will not subject US LC Issuer to any cost which is not reimbursable under Article III; (bf) unless the form and terms of such Tranche B TRB Letter of Credit as so replaced or extended are substantially identical acceptable to US LC Issuer in its reasonable discretion; (g) all other conditions in this Agreement to the issuance of such TRB Letter of Credit have been satisfied. Subject to the terms and conditions set forth herein, US LC Issuer will, in reliance upon the agreements of the corresponding other Tranche B Letter of Credit being replaced or extended; Lenders set forth in Section 2.3A(b), honor any such request if the foregoing conditions (ca) unless the stated amount of such Tranche B Letter of Credit as so replaced or extended does not exceed the amount of the corresponding Tranche B Letter of Credit being replaced or extended, as the case may be, and is denominated through (g) (in the same currency; (dfollowing Section 2.2A called the "TRB LC Conditions") if such Tranche B Letter have been met as of Credit as so replaced or extended has an expiration date later than the earlier of (y) the day prior to the Stated Maturity Date and (z) the date which is one year from the date of issuance of such Tranche B TRB Letter of Credit, unless a later expiration date is necessary in the judgment of Agents . US LC Issuer may choose to avoid a drawing under the corresponding Tranche B honor any such request for any other TRB Letter of Credit being replaced or extended, but has no obligation to do so and such later expiration date is no later than the first date on which such corresponding Tranche B may refuse to issue any other requested TRB Letter of Credit being replaced or extended could expire without giving rise to a right of the beneficiary thereof to make a drawing thereunder solely as a result of or for any reason which US LC Issuer in anticipation of such expiration; or (e) if, after giving effect to such issuance or extension, the Total Utilization of Tranche B Commitments would exceed the Tranche B Commitmentsits sole discretion deems relevant.

Appears in 1 contract

Samples: Us Credit Agreement (Devon Energy Corp/De)

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Tranche B Letters of Credit. On The Borrower shall give the relevant Applicable Conversion Date with respect Agent (which shall promptly notify the Lenders of such request) advance revocable or irrevocable notice to any Existing L/Cbe received by the Agent not later than 11:00 a.m. Houston, Texas time not less than three (a3) any existing participation Business Days prior thereto of a Tranche B Lender each request for the issuance and at least thirty (in its capacity as a Prepetition Lender30) in such Existing L/C shall terminate and be of no further force and effect, (b) any rights or obligations of Tranche B Lenders (in their capacity as Prepetition Lenders) Business Days prior to reimburse or participate in honored drawings under, or to participate in payments made by Company or any of its Subsidiaries with respect to, such Existing L/C under any the date of the Prepetition Credit Documents shall be superseded by this Agreement, and (c) any and all rights, titles, claims (including "claims" within the meaning renewal or extension of Section 101(5) of the Federal Bankruptcy Reform Act of 1978 (11 U.S.C.ss.101, et seq.)), interests, powers and privileges -- ---- of the issuer of any Existing L/C under the Prepetition Credit Documents shall be deemed to have reverted back to the Issuing Lender of such Existing L/C and such Existing L/C shall be deemed to be converted on such date to a Tranche B Letter of Credit under this Agreementhereunder which request shall specify the amount of such Tranche B Letter of Credit, the date (which shall be a Business Day) such Tranche B Letter of Credit is to be issued, renewed or extended, the duration thereof, the name and address of the beneficiary thereof, the form of the Tranche B Letter of Credit and such other information as the Agent may reasonably request all of which shall be reasonably satisfactory to the Agent. Subject to the terms and conditions of this Agreement, on the date specified for the issuance, renewal or extension of a Tranche B Letter of Credit, the Agent shall issue such Tranche B Letter of Credit to the beneficiary thereof. No Tranche A Letter of Credit shall be issued or renewed or extended with an expiration date after December 31, 2003. In conjunction with the issuance of each Tranche B Letter of Credit, the Borrower shall execute a Tranche B Letter of Credit Agreement. In the event of any conflict between any provision of a Tranche B Letter of Credit Agreement and this Agreement, the Borrower, the Agent and the Lenders hereby agree that the provisions of subsection 3.1B(ii), prior this Agreement shall govern. The Agent will send to the expiration date Borrower and each Lender, upon issuance of any Tranche B Letter of Credit, the Issuing Lender with respect to such Tranche B Letter of Credit mayor an amendment thereto, a true and at the request of Agents shall, issue a Tranche B Letter of Credit to replace such expiring Tranche B Letter of Credit or amend or extend the expiration date of such expiring Tranche B Letter of Credit, and upon such issuance or extension Borrowers shall be deemed to have requested that the Issuing Lender with respect to such outstanding Tranche B Letter of Credit issue a Tranche B Letter of Credit to replace such Tranche B Letter of Credit or so extend the maturity complete copy of such Tranche B Letter of Credit, respectively; provided that no Issuing Lender shall issue or extend the expiration date of any outstanding Tranche B Letter of Credit: (a) if the underlying Contractual Obligation to provide any such Tranche B Letter of Credit or a replacement thereto to the beneficiary thereof has terminated, and/or the beneficiary of such Tranche B Letter of Credit has otherwise returned the same for cancellation without the expectation that a Tranche B Letter of Credit will be issued contemporaneously with such cancellation in substitution therefor; (b) unless the terms of such Tranche B Letter of Credit as so replaced or extended are substantially identical to the terms of the corresponding Tranche B Letter of Credit being replaced or extended; (c) unless the stated amount of such Tranche B Letter of Credit as so replaced or extended does not exceed the amount of the corresponding Tranche B Letter of Credit being replaced or extended, as the case may be, and is denominated in the same currency; (d) if such Tranche B Letter of Credit as so replaced or extended has an expiration date later than the earlier of (y) the day prior to the Stated Maturity Date and (z) the date which is one year from the date of issuance of such Tranche B Letter of Credit, unless a later expiration date is necessary in the judgment of Agents to avoid a drawing under the corresponding Tranche B Letter of Credit being replaced or extended, and such later expiration date is no later than the first date on which such corresponding Tranche B Letter of Credit being replaced or extended could expire without giving rise to a right of the beneficiary thereof to make a drawing thereunder solely as a result of or in anticipation of such expiration; or (e) if, after giving effect to such issuance or extension, the Total Utilization of Tranche B Commitments would exceed the Tranche B Commitmentsamendment thereto.

Appears in 1 contract

Samples: Credit Agreement (McMoran Exploration Co /De/)

Tranche B Letters of Credit. On the relevant Applicable Conversion Date with respect to any Existing L/C, (a) any existing participation of a Tranche B Lender (in its capacity as a Prepetition Lender) in such Existing L/C shall terminate and be of no further force and effect, (b) any rights or obligations of Tranche B Lenders (in their capacity as Prepetition Lenders) to reimburse or participate in honored drawings under, or to participate in payments made by Company or any of its Subsidiaries with respect to, such Existing L/C under any of the Prepetition Credit Documents shall be superseded by this Agreement, and (c) any and all rights, titles, claims (including "claims" within the meaning of Section 101(5) of the Federal Bankruptcy Reform Act of 1978 (11 U.S.C.ss.101, et seq.)), interests, powers and privileges -- ---- of the issuer of any Existing L/C under the Prepetition Credit Documents shall be deemed to have reverted back to the Issuing Lender of such Existing L/C and such Existing L/C shall be deemed to be converted on such date to a Tranche B The Letter of Credit under this AgreementSublimit. Subject to the provisions of subsection 3.1B(ii)terms and ----------------------------- conditions set forth in this Agreement, prior to until the expiration date of any Tranche B Letter of CreditTermination Date, the Issuing Lender with respect to shall take such Tranche B Letter of Credit may, and at the request of Agents shall, issue a Tranche B Letter of Credit to replace such expiring Tranche B Letter of Credit or amend or extend the expiration date of such expiring Tranche B Letter of Credit, and upon such issuance or extension Borrowers shall be deemed to have requested that the Issuing Lender with respect to such outstanding Tranche B Letter of Credit issue a Tranche B Letter of Credit to replace such Tranche B Letter of Credit or so extend the maturity of such Tranche B Letter of Credit, respectively; provided that no Issuing Lender shall issue or extend the expiration date of any outstanding Tranche B Letter of Credit: (a) if the underlying Contractual Obligation to provide any such Tranche B Letter of Credit or a replacement thereto to the beneficiary thereof has terminated, and/or the beneficiary of such Tranche B Letter of Credit has otherwise returned the same for cancellation without the expectation that a Tranche B Letter of Credit will be issued contemporaneously with such cancellation in substitution therefor; (b) unless the terms of such Tranche B Letter of Credit as so replaced or extended are substantially identical to the terms of the corresponding Tranche B Letter of Credit being replaced or extended; (c) unless the stated amount of such Tranche B Letter of Credit as so replaced or extended does not exceed the amount of the corresponding Tranche B Letter of Credit being replaced or extended, Actions as the case Borrower may befrom time to time request; provided, and is denominated in the same currency; (d) if such Tranche B Letter of Credit as so replaced or extended has an expiration date later than the earlier of (y) the day prior to the Stated Maturity Date and (z) the date which is one year from the date of issuance of such Tranche B Letter of Credithowever, unless a later expiration date is necessary in the judgment of Agents to avoid a drawing under the corresponding Tranche B Letter of Credit being replaced or extended, and such later expiration date is no later than the first date on which such corresponding Tranche B Letter of Credit being replaced or extended could expire without giving rise to a right of the beneficiary thereof to make a drawing thereunder solely as a result of or in anticipation of such expiration; or (e) ifthat, after giving effect to such issuance or extensionLetter of Credit Action, the Total Utilization (i) Outstanding Tranche B Obligations of each Tranche B Lender shall not exceed such Tranche B Lender's Tranche B Commitment, and the Outstanding Tranche B Obligations of all Tranche B Lenders shall not exceed the combined Tranche B Commitments would at any time, (ii) Letter of Credit Usage shall not exceed the Tranche B CommitmentsLetter of Credit Sublimit at any time, and (iii) the Letter of Credit Usage, together with the outstanding Tranche B Loans, does not exceed the Tranche B Availability. Subject to subsection (f) below and unless consented to by the Issuing Lender and Majority Lenders, no Letter of Credit may expire more than 6 months after the date of its issuance or last renewal; provided, however, that no Letter of Credit shall expire after the Termination Date. If any Letter of Credit Usage remains outstanding after such date, the Borrower shall, not later than such date, deposit cash in an amount equal to such Letter of Credit Usage in a Letter of Credit Cash Collateral Account. All Letters of Credit shall be issued for the account of the Borrower.

Appears in 1 contract

Samples: Post Petition Multicurrency Superpriority Credit Agreement (Apw LTD)

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