Common use of Types and Amounts Clause in Contracts

Types and Amounts. An Issuing Bank shall not have any obligation to issue, amend or extend, and shall not issue, amend or extend, any Letter of Credit at any time: (i) if the aggregate Letter of Credit Obligations with respect to such Issuing Bank, after giving effect to the issuance, amendment or extension of the Letter of Credit requested hereunder, shall exceed any limit imposed by law or regulation upon such Issuing Bank; (ii) if the Issuing Bank receives written notice from the Agent at or before 11:00 a.m. (New York time) on the date of the proposed issuance, amendment or extension of such Letter of Credit that (A) immediately after giving effect to the issuance, amendment or extension of such Letter of Credit, (I) the Letter of Credit Obligations at such time would exceed $15,000,000, or (II) the Revolving Credit Obligations at such time would exceed the Maximum Revolving Credit Amount at such time, or (B) one or more of the conditions precedent contained in SECTIONS 6.01 or 6.02, as applicable, would not on such date be satisfied, unless such conditions are thereafter satisfied and written notice of such satisfaction is given to the Issuing Bank by the Agent (it being understood that an Issuing Bank shall not otherwise be required to determine that, or take notice whether, the conditions precedent set forth in SECTIONS 6.01 or 6.02, as applicable, have been satisfied), or (III) with respect to a Letter of Credit to be issued for the account of Leasing Affiliate, the Leasing Affiliate Liabilities would exceed $20,000,000; (iii) if the expiration date therefor is later than the earlier of (A) the date one (1) year after the date of issuance (without regard to any automatic renewal provisions thereof) or (B) the Business Day next preceding the scheduled Revolving Credit Termination Date; or (iv) if the requested Letter of Credit is in a currency other than Dollars and Borrower has not obtained a Hedge Agreement with respect thereto satisfactory to the Agent.

Types and Amounts. An Issuing Bank shall not have any obligation to issue, amend or extend, and shall not issue, amend or extend, any Letter of Credit at any time: (i) if the aggregate Letter of Credit Obligations with respect to such Issuing Bank, after giving effect to the issuance, amendment or extension of the Letter of Credit requested hereunder, shall exceed any limit imposed by law or regulation upon such Issuing BankBank or its Issuing Bank L/C Sublimit; (ii) if the Issuing Bank receives written notice from the Funding Agent at or before 11:00 a.m. (New York time) on the date of the proposed issuance, amendment or extension of such Letter of Credit that (A) immediately after giving effect to the issuance, amendment or extension of such Letter of Credit, (I) the Letter of Credit Obligations at such time would exceed $15,000,000the L/C Sublimit, or (II) the Revolving Credit Obligations at such time would exceed the Maximum Revolving Credit Commitment Amount at such time, time or (BIII) one or more of the conditions precedent contained in SECTIONS 6.01 or 6.02, as applicable, Section 5.02 would not on such date be satisfied, unless such conditions are thereafter satisfied and written notice of such satisfaction is given to the Issuing Bank by the Funding Agent (it being understood that and an Issuing Bank shall not otherwise be required to determine that, or take notice whether, the conditions precedent set forth in SECTIONS 6.01 or 6.02, as applicable, Section 5.02 have been satisfied), or (III) with respect to a Letter of Credit to be issued for the account of Leasing Affiliate, the Leasing Affiliate Liabilities would exceed $20,000,000; (iii) if the which has an expiration date therefor is later than the earlier of (A) the date one (1) year after the date of issuance (without regard to any automatic renewal provisions thereof) or (B) the Business Day next preceding the scheduled Revolving Credit Loan Commitment Termination Date; or (iv) if the requested Letter of Credit which is in a currency other than Dollars unless otherwise agreed to by the Issuing Bank and Borrower has not obtained a Hedge Agreement with respect thereto satisfactory to the AgentAdministrative Agents.

Types and Amounts. An Issuing Bank shall not have any obligation to issue, amend or extend, and shall not issue, amend or extend, any Letter of Credit or Alternative Currency Letter of Credit at any time: (i) if the aggregate Letter of Credit Obligations with respect to such Issuing Bank, after giving effect to the issuance, amendment or extension of the Letter of Credit or Alternative Currency Letter of Credit requested hereunder, shall exceed any limit imposed by law or regulation upon such Issuing Bank; (ii) if the Issuing Bank receives written notice from the Agent at or before 11:00 a.m. (New York time) on the date of the proposed issuanceif, amendment or extension of such Letter of Credit that (A) immediately after giving effect to the issuance, amendment or extension of such Letter of Credit or Alternative Currency Letter of Credit, (I1) the Letter of Credit Obligations at such time would exceed $15,000,00050,000,000 with respect to Letters of Credit (including Alternative Currency Letters of Credit, the amount of which shall be calculated based on the Dollar Equivalent Amount thereof) or (II2) the Revolving Credit Obligations at such time would exceed the Maximum Revolving Credit Amount at such time, or (B3) the sum of the Revolving Credit Loans in the Alternative Currency and the Letter of Credit Obligations with respect to Alternative Currency Letters of Credit at such time would exceed the Alternative Currency Sublimit, or (4) one or more of the conditions precedent contained in SECTIONS 6.01 Sections 6.1 or 6.026.2, as applicable, would not on such date be satisfied, unless such conditions are thereafter satisfied and written notice of such satisfaction is given to the such Issuing Bank by the Administrative Agent (it being understood that an and such Issuing Bank shall not otherwise be required to determine that, or take notice whether, the conditions precedent set forth in SECTIONS 6.01 Sections 6.1 or 6.026.2, as applicable, have been satisfied), or (III) with respect to a Letter of Credit to be issued for the account of Leasing Affiliate, the Leasing Affiliate Liabilities would exceed $20,000,000; (iii) if the which has an expiration date therefor is later than the earlier first anniversary of (A) the date one (1) year after the date of issuance (without regard to any automatic renewal provisions thereof) or (B) the Business Day next preceding the scheduled then Revolving Credit Termination Date; or; (iv) if the requested Letter of Credit which is in a currency other than Dollars and Borrower has or the Alternative Currency; (A) where the beneficiary of such Letter of Credit or Alternative Currency Letter of Credit is a Sanctioned Person, (B) to secure any transaction or the undertaking of any activity or business of or with any Sanctioned Person, or in any country or territory, that at the time of such issuance is the subject of any Sanctions or (C) in any manner that would result in a violation of any Sanctions by any party to this Agreement; (vi) if any order, judgment or decree of any Governmental Authority or arbitrator shall by its terms purport to enjoin or restrain the Issuing Bank from issuing the Letter of Credit, or any Law applicable to the Issuing Bank or any request or directive (whether or not obtained a Hedge Agreement having the force of law) from any Governmental Authority with jurisdiction over the Issuing Bank shall prohibit, or request that the Issuing Bank refrain from, the issuance of letters of credit generally or the Letter of Credit in particular or shall impose upon the Issuing Bank with respect thereto satisfactory to the AgentLetter of Credit any restriction, reserve or capital requirement (for which the Issuing Bank is not otherwise compensated hereunder) not in effect on the Closing Date, or shall impose upon the Issuing Bank any unreimbursed loss, cost or expense which was not applicable on the Closing Date and which the Issuing Bank in good xxxxx xxxxx material to it; or (vii) if the issuance of the Letter of Credit would violate one or more policies of the Issuing Bank applicable to letters of credit generally. For the avoidance of doubt, if the Administrative Agent (and/or any other Lender or Affiliate of a Lender designated by the Borrower, with such Lender’s consent, to issue a Letter of Credit) are not obligated or permitted pursuant to any of the preceding paragraphs of this Section 3.1(a) to issue a Letter of Credit but another Lender designated by the Borrower, with such Lender’s consent, to issue such Letter of Credit (a “Replacement Issuing Bank”) is not prohibited from issuing such Letter of Credit pursuant to any of the preceding paragraphs of this Section 3.1 (a), then the Replacement Issuing Bank shall, subject to the other provisions of this Agreement, issue such Letter of Credit.

Types and Amounts. An Issuing Bank shall not have any obligation to issue, amend or extend, and shall not issue, amend or extend, any Letter of Credit at any time: (i) if the aggregate Letter of Credit Obligations with respect to such Issuing Bank, after giving effect to the issuance, amendment or extension of the Letter of Credit requested hereunder, shall exceed any limit imposed by law or regulation upon such Issuing Bank; (ii) if the such Issuing Bank receives written notice from the Agent at or before 11:00 a.m. (New York time) on the date of the proposed issuance, amendment or extension of such Letter of Credit that (A) immediately after giving effect to the issuance, amendment or extension of such Letter of Credit, (I) the Letter of Credit Obligations at such time would exceed $15,000,00025,000,000, or (II) the Revolving Credit Obligations at such time would exceed the Maximum Revolving Credit Amount Commitments at such time, or (III) the undrawn face amount of the Letter of Credit Obligations denominated in Alternative Currencies, when aggregated with all other Revolving Credit Obligations denominated in Alternative Currencies, would exceed the equivalent of the Multicurrency Sublimit, or (B) one or more of the conditions precedent contained in SECTIONS Section 6.01 or 6.02, as applicable, would not on such date be satisfied, unless such conditions are thereafter satisfied and written notice of such satisfaction is given to the such Issuing Bank by the Agent (it being understood that and an Issuing Bank shall not otherwise be required to determine that, or take notice whether, the conditions precedent set forth in SECTIONS Section 6.01 or 6.02, as applicable, have been satisfied), or (III) with respect to a Letter of Credit to be issued for the account of Leasing Affiliate, the Leasing Affiliate Liabilities would exceed $20,000,000; (iii) if the which has an expiration date therefor is later than the earlier of (A) the date one (1) year after the date of issuance (without regard to any automatic renewal provisions thereof) or (B) the Business Day next preceding the scheduled Revolving Credit Termination Date; or (iv) if the requested Letter of Credit which is in a currency other than Dollars and Borrower has not obtained a Hedge Agreement with respect thereto satisfactory to the Agentor an Alternative Currency in which such Issuing Bank is then issuing letters of credit.

Types and Amounts. An Issuing Bank shall not have any obligation to issue, amend or extend, and shall not issue, amend or extend, any Letter of Credit at any time: (i) if the aggregate Letter of Credit Obligations with respect to such Issuing Bank, after giving effect to the issuance, amendment or extension of the Letter of Credit requested hereunder, shall exceed any limit imposed by law or regulation upon such Issuing Bank; (ii) if the Issuing Bank receives written notice from the Agent at or before 11:00 a.m. (New York time) on the date of the proposed issuanceif, amendment or extension of such Letter of Credit that (A) immediately after giving effect to the issuance, amendment or extension of such Letter of Credit, (I1) the Letter of Credit Obligations at such time would exceed $15,000,00050,000,000 with respect to all Letters of Credit, or (II2) the Revolving Credit Obligations at such time would exceed the Maximum Revolving Credit Amount at such time, or (B3) the aggregate amount of all outstanding Letters of Credit issued by any Issuing Bank at any time would exceed its Letter of Credit Commitment at such time (unless otherwise agreed by such Issuing Bank), or (4) such Issuing Bank’s Revolving Credit Exposure would exceed its Revolving Credit Commitment, or (5) one or more of the conditions precedent contained in SECTIONS 6.01 Sections 6.1 or 6.026.2, as applicable, would not on such date be satisfied, unless such conditions are thereafter satisfied and written notice of such satisfaction is given to the such Issuing Bank by the Administrative Agent (it being understood that an and such Issuing Bank shall not otherwise be required to determine that, or take notice whether, the conditions precedent set forth in SECTIONS 6.01 Sections 6.1 or 6.026.2, as applicable, have been satisfied), or (III) with respect to a Letter of Credit to be issued for the account of Leasing Affiliate, the Leasing Affiliate Liabilities would exceed $20,000,000; (iii) if the which has an expiration date therefor is later than the earlier first anniversary of (A) the date one (1) year after the date of issuance (without regard to any automatic renewal provisions thereof) or (B) the Business Day next preceding the scheduled then Revolving Credit Termination Date; or; (iv) if the requested Letter of Credit which is in a currency other than Dollars and Borrower has Dollars; (A) where the beneficiary of such Letter of Credit is a Sanctioned Person, (B) to secure any transaction or the undertaking of any activity or business of or with any Sanctioned Person, or in any country or territory, that at the time of such issuance is the subject of any Sanctions or (C) in any manner that would result in a violation of any Sanctions by any party to this Agreement; (vi) if any order, judgment or decree of any Governmental Authority or arbitrator shall by its terms purport to enjoin or restrain the Issuing Bank from issuing the Letter of Credit, or any Law applicable to the Issuing Bank or any request or directive (whether or not obtained a Hedge Agreement having the force of law) from any Governmental Authority with jurisdiction over the Issuing Bank shall prohibit, or request that the Issuing Bank refrain from, the issuance of letters of credit generally or the Letter of Credit in particular or shall impose upon the Issuing Bank with respect thereto satisfactory to the AgentLetter of Credit any restriction, reserve or capital requirement (for which the Issuing Bank is not otherwise compensated hereunder) not in effect on the Closing Date, or shall impose upon the Issuing Bank any unreimbursed loss, cost or expense which was not applicable on the Closing Date and which the Issuing Bank in good xxxxx xxxxx material to it; or (vii) if the issuance of the Letter of Credit would violate one or more policies of the Issuing Bank applicable to letters of credit generally. For the avoidance of doubt, if the Administrative Agent (and/or any other Lender or Affiliate of a Lender designated by the Borrower, with such Lender’s consent, to issue a Letter of Credit) are not obligated or permitted pursuant to any of the preceding paragraphs of this Section 3.1(a) to issue a Letter of Credit but another Lender designated by the Borrower, with such Lender’s consent, to issue such Letter of Credit (a “Replacement Issuing Bank”) is not prohibited from issuing such Letter of Credit pursuant to any of the preceding paragraphs of this Section 3.1(a), then the Replacement Issuing Bank shall, subject to the other provisions of this Agreement, issue such Letter of Credit. The Borrower may, at any time and from time to time, reduce the Letter of Credit Commitment of any Issuing Bank with the consent of such Issuing Bank; provided that the Borrower shall not reduce the Letter of Credit Commitment of any Issuing Bank if, after giving effect of such reduction, the conditions set forth in clause (ii) above shall not be satisfied.

Types and Amounts. An No Issuing Bank shall not have any obligation to issueIssue, amend or extendand, with respect to clauses (i) through (iii) and (v) below, shall not issueexcept as otherwise agreed by the Majority Banks and such Issuing Bank (except with respect to any notification received by an Issuing Bank pursuant to Section 2.05(a)(ii)(A), amend or extendwhich shall require the agreement of all of the Banks and such Issuing Bank), Issue any Letter of Credit at any time: (i) if the aggregate Letter of Credit Obligations with respect to such Issuing Bank, after giving effect to the issuance, amendment or extension Issuance of the Letter of Credit requested hereunder, shall exceed any limit imposed by law or regulation upon such Issuing Bank or (unless otherwise agreed by such Issuing Bank in its sole and absolute discretion) the Letter of Credit Fronting Sublimit of such Issuing Bank; (ii) if the such Issuing Bank receives written notice (A) from the Agent at or before 11:00 a.m. A.M. (New York City time) on the date of the proposed issuance, amendment or extension Issuance of such Letter of Credit that (A) that, immediately after giving effect to the issuance, amendment or extension Issuance of such Letter of Credit, (I) the Letter of Credit Obligations at such time would exceed $15,000,000, or (IIw) the Revolving Credit Obligations at such time would exceed the Maximum Revolving Total Commitment, (x) the outstanding Letter of Credit Amount at Obligations would exceed the amount of the Letter of Credit Sublimit, (y) the aggregate outstanding principal amount of the A Advances of any Bank, plus such timeBank’s Letter of Credit Participations and Swing Line Participations shall exceed such Bank’s Commitments, or (z) the aggregate outstanding principal amount of the A Advances and Letter of Credit Obligations denominated in Alternative Currencies shall exceed the Alternative Currency Sublimit, or (B) from any of the Banks at or before 11:00 A.M. (New York City time) on the date of the proposed Issuance of such Letter of Credit that one or more of the conditions precedent contained in SECTIONS 6.01 Sections 3.01 (solely with respect to an Issuance of a Letter of Credit on the Amendment and Restatement Effective Date, if applicable) or 6.02, as applicable3.02, would not on such date be satisfied, unless such conditions are thereafter satisfied or waived and written notice of such satisfaction or waiver is given to the such Issuing Bank by the Agent (it being understood that an and such Issuing Bank shall not otherwise be required to determine that, or take notice whether, the conditions precedent set forth in SECTIONS 6.01 Sections 3.01 or 6.023.02, as applicable, have been satisfiedsatisfied or waived), or (III) with respect to a Letter of Credit to be issued for the account of Leasing Affiliate, the Leasing Affiliate Liabilities would exceed $20,000,000; (iii) if the which has an expiration date therefor is later than the earlier of (A) the date one (1) year after the date of issuance (without regard to any automatic renewal provisions thereof) Issuance or (B) except as otherwise set forth in Section 2.05(j), the Business Day next preceding five (5) Business Days prior to the scheduled Revolving Credit Stated Termination Date; or; (iv) if the requested Letter of Credit which is in a currency other than Dollars or a Primary Currency, or if agreed to by each Bank and Borrower has such Issuing Bank in their absolute and sole discretion, an Alternative Currency that is not obtained a Hedge Agreement Primary Currency; (v) the Issuance and terms of which are governed by the laws of any jurisdiction other than the United States or any other jurisdiction which is approved by the Agent and such Issuing Bank (which approval shall not be unreasonably withheld or delayed); (vi) any order, judgment or decree of any Governmental Authority or arbitrator shall by its terms purport to enjoin or restrain the applicable Issuing Bank from issuing such Letter of Credit, or any law applicable to the applicable Issuing Bank or any request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over the applicable Issuing Bank shall prohibit, or request that the applicable Issuing Bank refrain from, the issuance of letters of credit generally or such Letter of Credit in particular or shall impose upon the applicable Issuing Bank with respect thereto satisfactory to such Letter of Credit any restriction, reserve or capital requirement (for which the applicable Issuing Bank is not otherwise compensated hereunder) not in effect on the Amendment and Restatement Effective Date, or shall impose upon the applicable Issuing Bank any unreimbursed loss, cost or expense which was not applicable on the Amendment and Restatement Effective Date and which the applicable Issuing Bank in good xxxxx xxxxx material to it (it being understood that if the Issuing Bank determines not to Issue a Letter of Credit as a result of events or circumstances giving rise to unreimbursed losses, costs or expenses, the Issuing Bank shall promptly notify the Company and the Agent of the same. The Company may elect to reimburse such Issuing Bank for such loss, cost or expense; and upon the reimbursement of such loss, cost or expense, the Issuing Bank shall Issue such Letter of Credit on the terms and subject to the Agentother conditions set forth herein); or (vii) the Issuance of such Letter of Credit would violate one or more written policies of the applicable Issuing Bank applicable to letters of credit of the type of Letter of Credit to be issued hereunder.

Types and Amounts. An Issuing Bank shall not have any obligation to issue, amend or extend, and shall not issue, amend or extend, any Letter of Credit at any time: (i) if the aggregate Letter of Credit Obligations with respect to such Issuing Bank, after giving effect to the issuance, amendment or extension of the Letter of Credit requested hereunder, shall exceed any limit imposed by law or regulation upon such Issuing Bank; (ii) if the Issuing Bank receives written notice from the Agent at or before 11:00 a.m. (New York time) on the date of the proposed issuance, amendment or extension of such Letter of Credit that (A) immediately after giving effect to the issuance, amendment or extension of such Letter of Credit, (I) the Letter of Credit Obligations at such time would exceed $15,000,00030,000,000, or (II) the Revolving Credit Obligations at such time would exceed the Maximum Revolving Credit Amount at such time, or (B) one or more of the conditions precedent contained in SECTIONS Sections 6.01 or 6.02, as applicable, would not on such date be satisfied, unless such conditions are thereafter satisfied and written notice of such satisfaction is given to the Issuing Bank by the Agent (it being understood that an Issuing Bank shall not otherwise be required to determine that, or take notice whether, the conditions precedent set forth in SECTIONS Sections 6.01 or 6.02, as applicable, have been satisfied), or (III) with respect to a Letter of Credit to be issued for the account of Leasing Affiliate, the Leasing Affiliate Liabilities would exceed $20,000,000; (iii) if the expiration date therefor is later than the earlier of (A) the date one (1) year after the date of issuance (without regard to any automatic renewal provisions thereof) or (B) the Business Day next preceding the scheduled Revolving Credit Termination Date; or; (iv) if the requested Letter of Credit is in a currency other than Dollars and Borrower has Borrowers have not obtained a Hedge Agreement with respect thereto satisfactory to the Agent.; or (v) for the purpose of supporting, directly or indirectly, Indebtedness under the TROL Documents or incurred in connection with the development of and construction on the Property financed thereunder other than the Letter of Credit outstanding with respect to such Indebtedness as of the Effective Date;

Types and Amounts. An No Issuing Bank shall not have any obligation to issue, amend and no Issuing Bank shall: (A) issue (or extend, and shall not issue, amend or extend, amend) any Letter of Credit at any time: if on the date of issuance (i) if the aggregate Letter of Credit Obligations with respect to such Issuing Bankor amendment), before or after giving effect to the issuance, amendment or extension of the Letter of Credit requested hereunder, shall exceed any limit imposed by law or regulation upon such Issuing Bank; (ii) if the Issuing Bank receives written notice from the Agent at or before 11:00 a.m. (New York time) on the date of the proposed issuance, amendment or extension of such Letter of Credit that (A) immediately after giving effect to the issuance, amendment or extension of such Letter of Credit, (Ii) the Letter Dollar Amount of Credit Obligations at such time would exceed $15,000,000, or (II) the Revolving Credit Obligations at such time would exceed the Maximum Aggregate Revolving Credit Amount Loan Commitment at such time, or (Bii) one or more the aggregate outstanding Dollar Amount of the conditions precedent contained in SECTIONS 6.01 or 6.02, as applicable, L/C Obligations would not on such date be satisfied, unless such conditions are thereafter satisfied and written notice of such satisfaction is given to the Issuing Bank by the Agent (it being understood that an Issuing Bank shall not otherwise be required to determine that, or take notice whether, the conditions precedent set forth in SECTIONS 6.01 or 6.02, as applicable, have been satisfied)exceed $50,000,000, or (IIIiii) with respect the aggregate outstanding Dollar Amount of L/C Obligations relating to a Letter Letters of Credit to be issued for the account of Leasing Affiliate, the Leasing Affiliate Liabilities would exceed $20,000,000; having expiration dates more than two (iii2) if the expiration date therefor is later than the earlier of (A) the date one (1) year years after the date of issuance thereof exceeds $5,000,000; or (without regard B) issue (or amend) any Letter of Credit which has an expiration date later than the date which is the earlier of (x) two (2) years after the date of issuance thereof (provided, however, that an Issuing Bank may issue (or amend) a Letter of Credit with an expiration date up to any automatic renewal provisions thereoffive years after the date of issuance thereof if the requirements of Section 3.3(A)(iii) are met and such expiration date does not run beyond the date contemplated in the following clause (y)) or (By) subject to the following sentence, five (5) Business Day next Days immediately preceding the scheduled Revolving Credit Termination Date; or (iv) if the requested provided, that any Letter of Credit is with a one-year term or a two-year term (or longer term as contemplated above), as applicable, may provide for the renewal thereof for additional one-year, two-year or longer periods (which in no event shall extend beyond the date referred to in clause (y) above). Notwithstanding anything to the contrary set forth in this Agreement, a Letter of Credit may have an expiry date that occurs within five (5) Business Days before the Revolving Credit Termination Date or after the Revolving Credit Termination Date so long as, in each case, the Administrative Agent receives from the applicable Borrower, at least five (5) Business Days prior to the earlier of the applicable Letter of Credit’s expiry date and the Revolving Credit Termination Date, an amount in immediately available funds equal to at least one hundred two percent (102%) of the LC Obligations owing under or in connection with such Letter of Credit. Any such collateral shall be held by the Administrative Agent in a currency other than Dollars separate account appropriately designated as a cash collateral account in relation to this Agreement and Borrower has the Letters of Credit and retained by the Administrative Agent for the benefit of the Lenders and the Issuing Banks as collateral security for the Borrowers’ obligations in respect of this Agreement and such Letter of Credit. Amounts remaining in any cash collateral account established pursuant to this Section 3.3 which are not obtained applied to reimburse an Issuing Bank for amounts actually paid or to be paid by such Issuing Bank in respect of a Hedge Agreement with respect thereto satisfactory Letter of Credit or otherwise applied to the Obligations shall be returned to the applicable Borrower within one (1) Business Day (after deduction of the Administrative Agent’s expenses incurred in connection with such cash collateral account).

Types and Amounts. An Issuing Bank shall not have any obligation ----------------- to issue, amend or extendIssue, and shall not issue, amend or extend, Issue any Letter of Credit at any time: (i) if the aggregate Letter of Credit Obligations with respect to such Issuing Bank, after giving effect to the issuance, amendment or extension Issuance of the Letter of Credit requested hereunder, shall exceed any limit imposed by law or regulation upon such Issuing Bank; (ii) if the Issuing Bank receives written notice (A) from the Administrative Agent at or before 11:00 a.m. (New York time) on the date of the proposed issuance, amendment or extension Issuance of such Letter of Credit that (A) immediately after giving effect to the issuance, amendment or extension Issuance of such Letter of Credit, (I) the Letter of Credit Obligations at such time would exceed $15,000,000, the amount of the L/C Subfacility in effect at such time or (II) the Revolving Credit Obligations at such time would exceed the Maximum Amount of Revolving Credit Amount Obligations at such time, or (B) from any of the Lenders at or before 11:00 a.m. (New York time) on the date of the proposed Issuance of such Letter of Credit that one or more of the conditions precedent contained in SECTIONS 6.01 Sections -------- 5.01, 5.02 or 6.025.03, as applicable, would not on such date be satisfiedsatisfied (or ---- ---- ---- waived pursuant to Section 13.07), unless such conditions are thereafter ------------- satisfied or waived and written notice of such satisfaction or waiver is given to the Issuing Bank by the Administrative Agent (it being understood that and an Issuing Bank shall not otherwise be required to determine that, or take notice whether, the conditions precedent set forth in SECTIONS 6.01 Sections 5.01, 5.02 or 6.02, 5.03 as ------------- ---- ---- applicable, have been satisfiedsatisfied or waived), or (III) with respect to a Letter of Credit to be issued for the account of Leasing Affiliate, the Leasing Affiliate Liabilities would exceed $20,000,000; (iii) if the which has an expiration date therefor is later than the earlier of (A) the date one (1) year after the date of issuance (without regard to any automatic renewal provisions thereof) or (B) the Business Day next preceding the scheduled Revolving Credit Termination Date; (iv) with respect to such proposed Letters of Credit denominated in an Alternative Currency if the Issuing Bank receives written notice from the Administrative Agent at or before 11:00 a.m. (New York time) on the date of the proposed issuance of such Letters of Credit that immediately after giving effect to the issuance of such Letter of Credit the Letter of Credit Obligations at such time in respect of outstanding Letters of Credit denominated in Alterative Currencies would exceed $5,000,000; or (ivv) if the requested Letter of Credit which is in a currency other than Dollars and Borrower has not obtained a Hedge Agreement with respect thereto satisfactory to the Agentor an Alternative Currency in which such Issuing Bank is then issuing letters of credit.

Types and Amounts. An Issuing Bank shall not have any obligation to issue, amend or extendIssue, and shall not issue, amend or extendIssue, any Letter of Credit at any time: (i) if the aggregate Letter of Credit Obligations with respect to such Issuing Bank, after giving effect to the issuance, amendment or extension Issuance of the Letter of Credit requested hereunder, shall exceed any limit imposed by law or regulation upon such Issuing Bank; (ii) if the Issuing Bank receives written notice (A) from the Administrative Agent at or before 11:00 a.m. (New York time) on the date of the proposed issuance, amendment or extension Issuance of such Letter of Credit that (A) that, immediately after giving effect to the issuance, amendment or extension Issuance of such Letter of Credit, (I) the Letter of Credit Obligations at such time would exceed $15,000,000, 70,000,000 or (II) the Revolving Credit Obligations at such time would exceed the Maximum Revolving Credit Amount at such time, or (B) from the Requisite Lenders at or before 11:00 a.m. (New York time) on the date of the proposed Issuance of such Letter of Credit that one or more of the conditions precedent contained in SECTIONS 6.01 Section 5.01 (with respect to an Issuance of a Letter of Credit on the Effective Date) or 6.02, as applicable, Section 5.02 would not on such date be satisfied, unless such conditions are thereafter satisfied and written notice of such satisfaction is given to the Issuing Bank by the Administrative Agent (it being understood that and an Issuing Bank shall not otherwise be required to determine that, or take notice whether, the conditions precedent set forth in SECTIONS 6.01 Sections 5.01 or 6.025.02, as applicable, have been satisfied), or (III) with respect to a Letter of Credit to be issued for the account of Leasing Affiliate, the Leasing Affiliate Liabilities would exceed $20,000,000;; or (iii) if the which has an expiration date therefor is later than the earlier of (A) the date one (1) year after which occurs 360 days following the date of issuance (without regard Issuance with respect to any automatic renewal provisions thereof) a Standby Letter of Credit or 180 days following the date of Issuance with respect to a Commercial Letter of Credit or (B) the Business Day next preceding day which is the scheduled Revolving Credit 180th day following the Commitment Termination Date; or (iv) if the requested Letter of Credit is in a currency other than Dollars and Borrower has not obtained a Hedge Agreement with respect thereto satisfactory to the Agent.

Types and Amounts. An Issuing Bank shall not have any obligation to issue, amend or extendIssue, and shall not issuenot, amend or extendexcept as otherwise agreed by the Requisite Lenders and such Issuing Bank, Issue any Letter of Credit at any timeif: (i) if the aggregate Letter of Credit Obligations with respect to such Issuing Bank, after giving effect to the issuance, amendment or extension Issuance of the Letter of Credit requested hereunder, shall exceed any limit imposed by law or regulation upon such Issuing Bank; (ii) if the such Issuing Bank receives written notice (A) from the Administrative Agent at or before 11:00 a.m. (New York time) on the Business Day immediately preceding the date of the proposed issuance, amendment or extension Issuance of such Letter of Credit that (A) immediately after giving effect to the issuance, amendment or extension Issuance of such Letter of Credit, (I) the Revolving Credit Obligations at such time would exceed the Revolving Credit Commitments at such time, (II) the Letter of Credit Obligations at such time would exceed $15,000,000, the Letter of Credit Sublimit at such time or (IIIII) with respect to any Foreign Borrower, the Revolving Credit Obligations of the Foreign Borrower for whose account such Letter of Credit is being Issued would exceed such Foreign Borrower's Revolving Credit Sublimit in effect at such time would exceed the Maximum Revolving Credit Amount at such time, or (B) from the Administrative Agent or any of the Lenders at or before 11:00 a.m. (New York time) on the Business Day immediately preceding the date of the proposed Issuance of such Letter of Credit that one or more of the conditions precedent contained in SECTIONS 6.01 Sections 5.01 or 6.025.02, as applicable, would not on such date be satisfiedsatisfied (or waived pursuant to Section 13.07), unless such conditions are thereafter satisfied or waived and written notice of such satisfaction or waiver is given to the such Issuing Bank by the Administrative Agent (it being understood that an such Issuing Bank shall not otherwise be required to determine that, or take notice whether, the conditions precedent set forth in SECTIONS 6.01 Sections 5.01 or 6.025.02, as applicable, have been satisfiedsatisfied or waived), or (III) with respect to a Letter of Credit to be issued for the account of Leasing Affiliate, the Leasing Affiliate Liabilities would exceed $20,000,000;; or (iii) if the such Letter of Credit has an expiration date therefor is later than the earlier of (A) the date one (1) year after the date of issuance Issuance (without regard to after taking into account any automatic renewal provisions thereof) or (B) the Business Day next preceding the scheduled Revolving Credit Termination Date; provided, that, at the request of any Borrower, the Administrative Agent may, but shall not be obligated to, request such Issuing Bank to Issue a Letter of Credit with an expiration date after the date in clause (A) or (B) above; or (iv) if the requested such Letter of Credit is in a currency other than Dollars or an Optional Currency. If the Administrative Agent decides, in its sole discretion, to request any Issuing Bank to Issue a Letter of Credit pursuant to the proviso in clause (iii) above, the Borrower for whose account such Letter of Credit is being Issued agrees that on the Revolving Credit Termination Date it shall deposit with the Administrative Agent for the benefit of the Lenders and Borrower has not obtained a Hedge Agreement such Issuing Bank with respect thereto satisfactory to such Letter of Credit cash or Cash Equivalents (in each case, in the Agentcurrency in which such Letter of Credit is denominated) equal to 105% of the greatest amount that such Letter of Credit may be drawn. Such deposits shall be held as Cash Collateral by the Administrative Agent for the benefit of the Lenders and any such Issuing Bank as security for, and to provide for the payment of, the Reimbursement Obligations therefor.

Types and Amounts. An No Issuing Bank shall not have any obligation to issue, amend and no Issuing Bank shall: (A) issue (or extend, and shall not issue, amend or extend, amend) any Letter of Credit at any time: if on the date of issuance (i) if the aggregate Letter of Credit Obligations with respect to such Issuing Bankor amendment), before or after giving effect to the issuance, amendment or extension of the Letter of Credit requested hereunder, shall exceed any limit imposed by law or regulation upon such Issuing Bank; (ii) if the Issuing Bank receives written notice from the Agent at or before 11:00 a.m. (New York time) on the date of the proposed issuance, amendment or extension of such Letter of Credit that (A) immediately after giving effect to the issuance, amendment or extension of such Letter of Credit, (Ii) the Letter Dollar Amount of Credit Obligations at such time would exceed $15,000,000, or (II) the Revolving Credit Obligations at such time would exceed the Maximum Aggregate Revolving Credit Amount Loan Commitment at such time, or (Bii) one or more the aggregate outstanding Dollar Amount of the conditions precedent contained in SECTIONS 6.01 or 6.02, as applicable, L/C Obligations would not on such date be satisfied, unless such conditions are thereafter satisfied and written notice of such satisfaction is given to the Issuing Bank by the Agent (it being understood that an Issuing Bank shall not otherwise be required to determine that, or take notice whether, the conditions precedent set forth in SECTIONS 6.01 or 6.02, as applicable, have been satisfied)exceed $50,000,000, or (IIIiii) with respect the aggregate outstanding Dollar Amount of L/C Obligations relating to a Letter Letters of Credit to be issued for the account of Leasing Affiliate, the Leasing Affiliate Liabilities would exceed $20,000,000; having expiration dates more than two (iii2) if the expiration date therefor is later than the earlier of (A) the date one (1) year years after the date of issuance thereof exceeds $5,000,000; or (without regard B) issue (or amend) any Letter of Credit which has an expiration date later than the date which is the earlier of (x) two (2) years after the date of issuance thereof (provided, however, that an Issuing Bank may issue (or amend) a Letter of Credit with an expiration date up to any automatic renewal provisions thereoffive years after the date of issuance thereof if the requirements of Section 3.3(A)(iii) are met and such 62 expiration date does not run beyond the date contemplated in the following clause (y)) or (By) subject to the following sentence, five (5) Business Day next Days immediately preceding the scheduled Revolving Credit Termination Date; or (iv) if the requested provided, that any Letter of Credit is with a one-year term or a two-year term (or longer term as contemplated above), as applicable, may provide for the renewal thereof for additional one-year, two-year or longer periods (which in no event shall extend beyond the date referred to in clause (y) above). Notwithstanding anything to the contrary set forth in this Agreement, a Letter of Credit may have an expiry date that occurs within five (5) Business Days before the Revolving Credit Termination Date or after the Revolving Credit Termination Date so long as, in each case, the Administrative Agent receives from the applicable Borrower, at least five (5) Business Days prior to the earlier of the applicable Letter of Credit’s expiry date and the Revolving Credit Termination Date, an amount in immediately available funds equal to at least one hundred two percent (102%) of the LC Obligations owing under or in connection with such Letter of Credit. Any such collateral shall be held by the Administrative Agent in a currency other than Dollars separate account appropriately designated as a cash collateral account in relation to this Agreement and Borrower has the Letters of Credit and retained by the Administrative Agent for the benefit of the Lenders and the Issuing Banks as collateral security for the Borrowers’ obligations in respect of this Agreement and such Letter of Credit. Amounts remaining in any cash collateral account established pursuant to this Section 3.3 which are not obtained applied to reimburse an Issuing Bank for amounts actually paid or to be paid by such Issuing Bank in respect of a Hedge Agreement with respect thereto satisfactory Letter of Credit or otherwise applied to the Obligations shall be returned to the applicable Borrower within one (1) Business Day (after deduction of the Administrative Agent’s expenses incurred in connection with such cash collateral account).

Types and Amounts. An Issuing Bank shall not have any obligation to issue, amend or extend, and shall not issue, amend or extend, any Letter of Credit at any time: (i) if the aggregate Letter of Credit Obligations with respect to such Issuing Bank, after giving effect to the issuance, amendment or extension of the Letter of Credit requested hereunder, shall exceed any limit imposed by law or regulation upon such Issuing Bank; (ii) if the Issuing Bank receives written notice from the Agent at or before 11:00 a.m. 1:00 p.m. (New York time) on the date of the proposed issuance, amendment or extension of such Letter of Credit that (A) immediately after giving effect to the issuance, amendment or extension of such Letter of Credit, (I) the Letter of Credit Obligations at such time would exceed $15,000,000, or (II) the Revolving Credit Obligations at such time would exceed the Maximum Revolving Credit Amount at such time10,000,000, or (B) one or more of the conditions precedent contained in SECTIONS 6.01 or 6.02, as applicable, Section 5.2 would not on such date be satisfied, unless such conditions are thereafter or have previously been satisfied and written notice of such satisfaction is given to the Issuing Bank by the Agent (it being understood that and an Issuing Bank shall not otherwise be required to determine that, or take notice whether, the conditions precedent set forth in SECTIONS 6.01 or 6.02, as applicableSection 5.2, have been satisfied), or (III) with respect to a Letter of Credit to be issued for the account of Leasing Affiliate, the Leasing Affiliate Liabilities would exceed $20,000,000;): (iii) if the which has an expiration date therefor is later than the earlier of (A) the date one (1) year after the date of issuance (without regard to any automatic renewal provisions thereof) or (B) the Business Day next preceding the scheduled Revolving Credit Termination Date; or (iv) if the requested Letter of Credit which is in a currency other than Dollars and Borrower has not obtained a Hedge Agreement with respect thereto satisfactory to the AgentDollars.

Types and Amounts. An Issuing Bank shall not have any obligation to issue, amend or extend, and shall not issue, amend or extend, any Letter of Credit or Alternative Currency Letter of Credit at any time: (i) if the aggregate Letter of Credit Obligations with respect to such Issuing Bank, after giving effect to the issuance, amendment or extension of the Letter of Credit or Alternative Currency Letter of Credit requested hereunder, shall exceed any limit imposed by law or regulation upon such Issuing Bank; (ii) if the Issuing Bank receives written notice from the Agent at or before 11:00 a.m. (New York time) on the date of the proposed issuanceif, amendment or extension of such Letter of Credit that (A) immediately after giving effect to the issuance, amendment or extension of such Letter of Credit or Alternative Currency Letter of Credit, (I1) the Letter of Credit Obligations at such time would exceed $15,000,000200,000,000 with respect to Letters of Credit and Alternative Currency Letters of Credit (the same being calculated based upon the Dollar Equivalent Amount thereof), or (II2) the Revolving Credit Obligations at such time would exceed the Maximum Revolving Credit Amount at such time, or (B3) the sum of the Loans in the Alternative Currency and the Letter of Credit Obligations with respect to Alternative Currency Letters of Credit at such time would exceed the Alternative Currency Sublimit, or (4) one or more of the conditions precedent contained in SECTIONS 6.01 Sections 6.1 or 6.026.2, as applicable, would not on such date be satisfied, unless such conditions are thereafter satisfied and written notice of such satisfaction is given to the such Issuing Bank by the Administrative Agent (it being understood that an and such Issuing Bank shall not otherwise be required to determine that, or take notice whether, the conditions precedent set forth in SECTIONS 6.01 Sections 6.1 or 6.026.2, as applicable, have been satisfied), or (III) with respect to a Letter of Credit to be issued for the account of Leasing Affiliate, the Leasing Affiliate Liabilities would exceed $20,000,000; (iii) if the which has an expiration date therefor is later than the earlier first anniversary of (A) the date one (1) year after the date of issuance (without regard to any automatic renewal provisions thereof) or (B) the Business Day next preceding the scheduled then Revolving Credit Termination Date; or (iv) if the requested Letter of Credit which is in a currency other than Dollars and Borrower has not obtained a Hedge Agreement with respect thereto satisfactory to the Agentor an Alternative Currency.

Types and Amounts. An Issuing Bank shall not have any ----------------- obligation to issue, amend or extend, and shall not issue, amend or extend, any Letter of Credit at any time: (i) if the aggregate Letter of Credit Obligations with respect to such Issuing Bank, after giving effect to the issuance, amendment or extension of the Letter of Credit requested hereunder, shall exceed any limit imposed by law or regulation upon such Issuing Bank; (ii) if the Issuing Bank receives written notice from the Agent at or before 11:00 a.m. (New York Los Angeles time) on the date of the proposed issuance, amendment or extension of such Letter of Credit that (A) immediately after giving effect to the issuance, amendment or extension of such Letter of Credit, (I) the Letter of Credit Obligations at such time would exceed (a) $15,000,0004,000,000 at any time from the Closing Date until but not including the Acquisition Facility Closing Date or (b) $6,000,000 thereafter, or (II) the Revolving Credit Obligations at such time would exceed the Maximum Revolving Credit Amount at such time, or (B) one or more of the conditions precedent contained in SECTIONS 6.01 Section 6.1, ------------ 6.2 or 6.026.4, as applicable, would not on such date be satisfied, --- --- unless such conditions are thereafter satisfied and written notice of such satisfaction is given to the Issuing Bank by the Agent (it being understood that and an Issuing Bank shall not otherwise be required to determine that, or take notice whether, the conditions precedent set forth in SECTIONS 6.01 Section 6.1, 6.2 or 6.026.4, as applicable, have been ---------------- --- satisfied), or (III) with respect to a Letter of Credit to be issued for the account of Leasing Affiliate, the Leasing Affiliate Liabilities would exceed $20,000,000; (iii) if the which has an expiration date therefor is later than the earlier of (A) the date one (1) year after the date of issuance (without regard to any automatic renewal provisions thereof) or (B) the Business Day next preceding the scheduled Revolving Credit Termination Date; or (iv) if the requested Letter of Credit which is in a currency other than Dollars and Borrower has not obtained a Hedge Agreement with respect thereto satisfactory to the AgentDollars.

Types and Amounts. An Issuing Bank shall not have any obligation to issue, amend or extend, and 52 shall not issue, amend or extend, any Letter of Credit at any time: (i) if the aggregate Letter of Credit Obligations with respect to such Issuing Bank, after giving effect to the issuance, amendment or extension of the Letter of Credit requested hereunder, shall exceed any limit imposed by law or regulation upon such Issuing Bank; (ii) if the Issuing Bank receives written notice from the Agent at or before 11:00 a.m. (New York time) on the date of the proposed issuanceif, amendment or extension of such Letter of Credit that (A) immediately after giving effect to the issuance, amendment or extension of such Letter of Credit, (I1) the Letter of Credit Obligations at such time would exceed $15,000,000, 100,000,000 or (II2) the Revolving Credit Obligations at such time would exceed the Maximum Revolving Credit Amount at such time, or (B3) one or more of the conditions precedent contained in SECTIONS 6.01 6.1 or 6.026.2, as applicable, would not on such date be satisfied, unless such conditions are thereafter satisfied and written notice of such satisfaction is given to the such Issuing Bank by the Payment and Disbursement Agent (it being understood that an and such Issuing Bank shall not otherwise be required to determine that, or take notice whether, the conditions precedent set forth in SECTIONS 6.01 6.1 or 6.026.2, as applicable, have been satisfied), or (III) with respect to a Letter of Credit to be issued for the account of Leasing Affiliate, the Leasing Affiliate Liabilities would exceed $20,000,000; (iii) if the which has an expiration date therefor is later than the earlier of (A) the date one (1) year after the date of issuance (without regard to any automatic renewal provisions thereof) or (B) the Business Day next preceding the scheduled Revolving Credit Termination Date; or (iv) if the requested Letter of Credit which is in a currency other than Dollars and Borrower has not obtained a Hedge Agreement with respect thereto satisfactory to the AgentDollars.

Types and Amounts. An Issuing Bank shall not have any obligation to issue, amend or extend, and shall not issue, amend or extend, any Letter of Credit at any time: (i) if the aggregate Letter of Credit Obligations with respect to such Issuing Bank, after giving effect to the issuance, amendment or extension of the Letter of Credit requested hereunder, shall exceed any limit imposed by law or regulation upon such Issuing BankBank or its Issuing Bank L/C Sublimit; (ii) if the Issuing Bank receives written notice from the Funding Agent at or before 11:00 a.m. (New York time) on the date of the proposed issuance, amendment or extension of such Letter of Credit that (A) immediately after giving effect to the issuance, amendment or extension of such Letter of Credit, (I) the Letter of Credit Obligations at such time would exceed $15,000,000the L/C Sublimit, or (II) the Letter of Credit Obligations upon which GFI is or would be obligated at such time would exceed the GFI L/C Sublimit, (III) the Revolving Credit Obligations at such time would exceed the Maximum Revolving Credit Commitment Amount at such timetime or (IV) an obligation to repay Revolving Loans or to deposit Cash Collateral would arise pursuant to Section 3.01(b)(i), or (B) one or more of the conditions precedent contained in SECTIONS 6.01 or 6.02, as applicable, Section 5.02 would not on such date be satisfied, unless such conditions are thereafter satisfied and written notice of such satisfaction is given to the Issuing Bank by the Funding Agent (it being understood that and an Issuing Bank shall not otherwise be required to determine that, or take notice whether, the conditions precedent set forth in SECTIONS 6.01 or 6.02, as applicable, Section 5.02 have been satisfied), or (III) with respect to a Letter of Credit to be issued for the account of Leasing Affiliate, the Leasing Affiliate Liabilities would exceed $20,000,000; (iii) if the which has an expiration date therefor is later than the earlier of (A) the date one (1) year after the date of issuance (without regard to any automatic renewal provisions thereof) or (B) the Business Day next preceding the scheduled Revolving Credit Loan Commitment Termination Date; or (iv) if the requested Letter of Credit which is in a currency other than Dollars and Borrower has not obtained a Hedge Agreement with respect thereto satisfactory to the AgentDollars.

Types and Amounts. An Issuing Bank shall not have any obligation to issue, amend or extend, and shall not issue, amend or extend, any Letter of Credit at any time: (i) if the aggregate Letter of Credit Obligations with respect to such Issuing Bank, after giving effect to the issuance, amendment or extension of the Letter of Credit requested hereunder, shall exceed any limit imposed by law or regulation upon such Issuing Bank; (ii) if the Issuing Bank receives written notice from the Agent at or before 11:00 a.m. (New York time) on the date of the proposed issuance, amendment or extension of such Letter of Credit that (A) immediately after giving effect to the issuance, amendment or extension of such Letter of Credit, (I) the Letter of Credit Obligations at such time would exceed $15,000,000, or (II) the Revolving Credit Obligations at such time would exceed the Maximum Revolving Credit Amount Commitments at such time, or (B) one or more of the conditions precedent contained in SECTIONS 6.01 Sections 5.01 or 6.025.02, as applicable, would not on such date be satisfied, unless such conditions are thereafter satisfied and written notice of such satisfaction is given to the Issuing Bank by the Agent (it being understood that and an Issuing Bank shall not otherwise be required to determine that, or take notice whether, the conditions precedent set forth in SECTIONS 6.01 Sections 5.01 or 6.025.02, as applicable, have been satisfied), or (III) with respect to a Letter of Credit to be issued for the account of Leasing Affiliate, the Leasing Affiliate Liabilities would exceed $20,000,000; (iii) if the which has an expiration date therefor is later than the earlier of (A) the date one (1) year after the date of issuance (without regard to any automatic renewal provisions thereof) or (B) the Business Day next preceding the scheduled Revolving Credit Termination Date unless Cash Collateral in an amount equal to (1) the undrawn face amount thereof in the case of Standby Letters of Credit and (2) one hundred three percent (103%) of the undrawn face amount thereof in the case of Commercial Letters of Credit plus, in either case, fees payable over the term thereof is deposited with the Agent or Issuing Bank on the date which is one (1) year prior to the scheduled Revolving Credit Termination Date; or (iv) if the requested Letter of Credit which is in a currency other than Dollars unless otherwise agreed by the Issuing Bank and Borrower has not obtained a Hedge Agreement with respect thereto Agent and provision satisfactory to the AgentIssuing Bank and Lenders is made for the Borrower to bear the risk of currency fluctuations.

Types and Amounts. An Issuing Bank shall not have any obligation to issue, amend or extend, and shall not issue, amend or extend, any Letter of Credit at any time: (i) if the aggregate Letter of Credit Obligations with respect to such Issuing Bank, after giving effect to the issuance, amendment or extension of the Letter of Credit requested hereunder, shall exceed any limit imposed by law or regulation upon such Issuing BankBank or its Issuing Bank L/C Sublimit; (ii) if the Issuing Bank receives written notice from the Funding Agent at or before 11:00 a.m. (New York time) on the date of the proposed issuance, amendment or extension of such Letter of Credit that (A) immediately after giving effect to the issuance, amendment or extension of such Letter of Credit, (I) the Letter of Credit Obligations at such time would exceed $15,000,000the L/C Sublimit, or (II) the Revolving Credit Obligations at such time would exceed the Maximum Revolving Credit Loan Commitment Amount at such time, time or (BIII) one or more of the conditions precedent contained in SECTIONS 6.01 or 6.02, as applicable, Section 5.02 would not on such date be satisfied, unless such conditions are thereafter satisfied and written notice of such satisfaction is given to the Issuing Bank by the Funding Agent (it being understood that and an Issuing Bank shall not otherwise be required to determine that, or take notice whether, the conditions precedent set forth in SECTIONS 6.01 or 6.02, as applicable, Section 5.02 have been satisfied), or (III) with respect to a Letter of Credit to be issued for the account of Leasing Affiliate, the Leasing Affiliate Liabilities would exceed $20,000,000; (iii) if the which has an expiration date therefor is later than the earlier of (A) the date one (1) year after the date of issuance (without regard to any automatic renewal provisions thereof) or (B) the Business Day next preceding the scheduled Revolving Credit Loan Commitment Termination Date; or (iv) if the requested Letter of Credit which is in a currency other than Dollars unless otherwise agreed to by the Issuing Bank and Borrower has not obtained a Hedge Agreement with respect thereto satisfactory to the AgentAgents.

Types and Amounts. An No Issuing Bank shall not have any obligation to issue, amend and no Issuing Bank shall: (A) issue (or extend, and shall not issue, amend or extend, amend) any Letter of Credit at any time: if on the date of issuance (i) if the aggregate Letter of Credit Obligations with respect to such Issuing Bankor amendment), before or after giving effect to the issuance, amendment or extension of the Letter of Credit requested hereunder, shall exceed any limit imposed by law or regulation upon such Issuing Bank; (ii) if the Issuing Bank receives written notice from the Agent at or before 11:00 a.m. (New York time) on the date of the proposed issuance, amendment or extension of such Letter of Credit that (A) immediately after giving effect to the issuance, amendment or extension of such Letter of Credit, (Ii) the Letter Dollar Amount of Credit Obligations at such time would exceed $15,000,000, or (II) the Revolving Credit Obligations at such time would exceed the Maximum Aggregate Revolving Credit Amount Loan Commitment at such time, or (Bii) one or more the aggregate outstanding Dollar Amount of the conditions precedent contained in SECTIONS 6.01 or 6.02, as applicable, L/C Obligations would not on such date be satisfied, unless such conditions are thereafter satisfied and written notice of such satisfaction is given to the Issuing Bank by the Agent (it being understood that an Issuing Bank shall not otherwise be required to determine that, or take notice whether, the conditions precedent set forth in SECTIONS 6.01 or 6.02, as applicable, have been satisfied)exceed $50,000,000, or (IIIiii) with respect the aggregate outstanding Dollar Amount of L/C Obligations relating to a Letter Letters of Credit to be issued for the account of Leasing Affiliate, the Leasing Affiliate Liabilities would exceed $20,000,000; having expiration dates more than two (iii2) if the expiration date therefor is later than the earlier of (A) the date one (1) year years after the date of issuance (without regard to any automatic renewal provisions thereof) or (B) the Business Day next preceding the scheduled Revolving Credit Termination Datethereof exceeds $5,000,000; or (ivB) if the requested issue (or amend) any Letter of Credit which has an expiration date later than the date which is the earlier of (x) two (2) years after the date of issuance thereof (provided, however, that an Issuing Bank may issue (or amend) a Letter of Credit with an expiration date up to five years after the date of issuance thereof if the requirements of Section 3.3(A)(iii) are met and such expiration date does not run beyond the date contemplated in the following clause (y)) or (y) subject to the following sentence, five (5) Business Days immediately preceding the Revolving Loan Termination Date; provided, that any Letter of Credit with a one-year term or a two-year term (or longer term as contemplated above), as applicable, may provide for the renewal thereof for additional one-year, two-year or longer periods (which in no event shall extend beyond the date referred to in clause (y) above). Notwithstanding anything to the contrary set forth in this Agreement, a Letter of Credit may have an expiry date that occurs within five (5) Business Days before the Revolving Loan Termination Date or after the Revolving Loan Termination Date so long as, in each case, the Administrative Agent receives from the applicable Borrower, at least five (5) Business Days prior to the earlier of the applicable Letter of Credit’s expiry date and the Revolving Loan Termination Date, an amount in immediately available funds equal to at least one hundred two percent (102%) of the L/C Obligations owing under or in connection with such Letter of Credit. Any such collateral shall be held by the Administrative Agent in a currency other than Dollars separate account appropriately designated as a cash collateral account in relation to this Agreement and Borrower has the Letters of Credit and retained by the Administrative Agent for the benefit of the Lenders and the Issuing Banks as collateral security for the Borrowers’ obligations in respect of this Agreement and such Letter of Credit. Amounts remaining in any cash collateral account established pursuant to this Exhibit 10.1 Section 3.3 which are not obtained applied to reimburse an Issuing Bank for amounts actually paid or to be paid by such Issuing Bank in respect of a Hedge Agreement with respect thereto satisfactory Letter of Credit or otherwise applied to the Obligations shall be returned to the applicable Borrower within one (1) Business Day (after deduction of the Administrative Agent’s expenses incurred in connection with such cash collateral account).

Types and Amounts. An Issuing Bank shall not have any obligation to issue, amend or extend, and shall not issue, amend or extend, any Letter of Credit at any time: (i) if the aggregate Letter of Credit Obligations with respect to such Issuing Bank, after giving effect to the issuance, amendment or extension of the Letter of Credit requested hereunder, shall exceed any limit imposed by law or regulation upon such Issuing Bank; (ii) if the Issuing Bank receives written notice from the Collateral Agent at or before 11:00 a.m. (New York time) on the date of the proposed issuance, amendment or extension of such Letter of Credit that (A) immediately after giving effect to the issuance, amendment or extension of such Letter of Credit, (I) the Letter of Credit Obligations at such time would exceed $15,000,000, 40,000,000 or (II) the Revolving Credit Obligations Availability at such time would exceed the Maximum Revolving Credit Amount at such timebe less than zero, or (B) one or more of the conditions precedent contained con-tained in SECTIONS Sections 6.01 or 6.02, as applicable, would not on such date be satisfied, unless such conditions are thereafter satisfied and written notice of such satisfaction is given to the Issuing Bank by the Collateral Agent (it being understood that and an Issuing Bank shall not otherwise be required to determine deter-mine that, or take notice whether, the conditions precedent set forth in SECTIONS Sections 6.01 or 6.02, as applicable, have been satisfiedsatis-fied), or (III) with respect to a Letter of Credit to be issued for the account of Leasing Affiliate, the Leasing Affiliate Liabilities would exceed $20,000,000; (iii) if the which is in a currency other than a currency in which such Issuing Bank is then issuing letters of credit; or (iv) which has an expiration date therefor is later than the earlier to occur of (A) the date one (1) year after the date of issuance (without regard to any automatic renewal provisions thereof) or and (B) the Business Day next preceding the scheduled Revolving Credit Termination Date; or provided, however, that on the Revolving Credit Termination Date, Borrower shall deposit with the Collateral Agent (ivor respective Issuing Bank(s) if at the requested direction of the Collateral Agent) Cash Collateral for deposit in the Cash Collateral Account or under other agreements satisfactory to the Collateral Agent and Issuing Bank(s) and in an amount equal to one hundred five percent (105%) of the then undrawn face amount of all Letters of Credit denominated in Dollars and one hundred twenty percent (120%) of the then undrawn face amount of all Letters of Credit denominated in any currency other than Dollars, in each instance for all Letters of Credit which will continue outstanding after the Revolving Credit Termination Date, plus Letter of Credit is in a currency other than Dollars and Borrower has not obtained a Hedge Agreement Fees with respect thereto satisfactory to such Letters of Credit for the Agentperiod commencing on the Revolving Credit Termination Date through the expiry date of such Letters of Credit.

Types and Amounts. An Issuing Bank shall not have any obligation to issue, amend or extend, and shall not issue, amend or extend, any Letter of Credit at any time: (i) if the aggregate Letter of Credit Obligations with respect to such Issuing Bank, after giving effect to the issuance, amendment or extension of the Letter of Credit requested hereunder, shall exceed any limit imposed by law or regulation upon such Issuing Bank; (ii) if the Issuing Bank receives written notice from the Collateral Agent at or before 11:00 a.m. (New York time) on the date of the proposed issuance, amendment or extension of such Letter of Credit that (A) immediately after giving effect to the issuance, amendment or extension of such Letter of Credit, (I) the Letter of Credit Obligations at such time would exceed $15,000,000, 30,000,000 or (II) the Revolving Credit Obligations Availability at such time would exceed the Maximum Revolving Credit Amount at such timebe less than zero, or (B) one or more of the conditions precedent contained in SECTIONS Sections 6.01 or 6.02, as applicable, would not on such date be satisfied, unless such conditions are thereafter satisfied and written notice of such satisfaction is given to the Issuing Bank by the Collateral Agent (it being understood that and an Issuing Bank shall not otherwise be required to determine that, or take notice whether, the conditions precedent set forth in SECTIONS Sections 6.01 or 6.02, as applicable, have been satisfied), or (III) with respect to a Letter of Credit to be issued for the account of Leasing Affiliate, the Leasing Affiliate Liabilities would exceed $20,000,000; (iii) if the which is in a currency other than a currency in which such Issuing Bank is then issuing letters of credit; or (iv) which has an expiration date therefor is later than the earlier to occur of (A) the date one (1) year after the date of issuance (without regard to any automatic renewal provisions thereof) or and (B) the Business Day next preceding the scheduled Revolving Credit Termination Date; or provided, however, that on the Revolving Credit Termination Date, Borrowers shall deposit with the Collateral Agent (ivor respective Issuing Bank(s) if at the requested direction of the Collateral Agent) Cash Collateral for deposit in the Cash Collateral Account or under other agreements satisfactory to the Collateral Agent and Issuing Bank(s) and in an amount equal to one hundred five percent (105%) of the then undrawn face amount of all Letters of Credit denominated in Dollars and one hundred twenty percent (120%) of the then undrawn face amount of all Letters of Credit denominated in any currency other than Dollars, in each instance for all Letters of Credit which will continue outstanding after the Revolving Credit Termination Date, plus Letter of Credit is in a currency other than Dollars and Borrower has not obtained a Hedge Agreement Fees with respect thereto satisfactory to such Letters of Credit for the Agentperiod commencing on the Revolving Credit Termination Date through the expiry date of such Letters of Credit.

Types and Amounts. An No Issuing Bank shall not have any obligation to issue, amend and no Issuing Bank shall: (A) issue (or extend, and shall not issue, amend or extend, amend) any Letter of Credit at any time: if on the date of issuance (i) if the aggregate Letter of Credit Obligations with respect to such Issuing Bankor amendment), before or after giving effect to the issuance, amendment or extension of the Letter of Credit requested hereunder, shall exceed any limit imposed by law or regulation upon such Issuing Bank; (ii) if the Issuing Bank receives written notice from the Agent at or before 11:00 a.m. (New York time) on the date of the proposed issuance, amendment or extension of such Letter of Credit that (A) immediately after giving effect to the issuance, amendment or extension of such Letter of Credit, (Ii) the Letter Dollar Amount of Credit Obligations at such time would exceed $15,000,000, or (II) the Revolving Credit Obligations at such time would exceed the Maximum Aggregate Revolving Credit Amount Loan Commitment at such time, or (Bii) one or more the aggregate outstanding Dollar Amount of the conditions precedent contained in SECTIONS 6.01 or 6.02, as applicable, L/C Obligations would not on such date be satisfied, unless such conditions are thereafter satisfied and written notice of such satisfaction is given to the Issuing Bank by the Agent (it being understood that an Issuing Bank shall not otherwise be required to determine that, or take notice whether, the conditions precedent set forth in SECTIONS 6.01 or 6.02, as applicable, have been satisfied)exceed $25,000,000, or (IIIiii) with respect the aggregate outstanding Dollar Amount of L/C Obligations relating to a Letter Letters of Credit to be issued for the account of Leasing Affiliate, the Leasing Affiliate Liabilities would exceed $20,000,000; having expiration dates more than two (iii2) if the expiration date therefor is later than the earlier of (A) the date one (1) year years after the date of issuance thereof exceeds $5,000,000; or (without regard B) issue (or amend) any Letter of Credit which has an expiration date later than the date which is the earlier of (x) two (2) years after the date of issuance thereof (provided, however, that an Issuing Bank may issue (or amend) a Letter of Credit with an expiration date up to any automatic renewal provisions thereoffive years after the date of issuance thereof if the requirements of Section 3.3(A)(iii) are met and such expiration date does not run beyond the date contemplated in the following clause (y)) or (By) subject to the following sentence, five (5) Business Day next Days immediately preceding the scheduled Revolving Credit Termination Date; or (iv) if the requested provided, that any Letter of Credit is with a one-year term or a two-year term (or longer term as contemplated above), as applicable, may provide for the renewal thereof for additional one-year, two-year or longer periods (which in no event shall extend beyond the date referred to in clause (y) above). Notwithstanding anything to the contrary set forth in this Agreement, a Letter of Credit may have an expiry date that occurs within five (5) Business Days before the Revolving Credit Termination Date or after the Revolving Credit Termination Date so long as, in each case, the Administrative Agent receives from the applicable Borrower, at least five (5) Business Days prior to the earlier of the applicable Letter of Credit’s expiry date and the Revolving Credit Termination Date, an amount in immediately available funds equal to at least one hundred two percent (102%) of the LC Obligations owing under or in connection with such Letter of Credit. Any such collateral shall be held by the Administrative Agent in a currency other than Dollars separate account appropriately designated as a cash collateral account in relation to this Agreement and Borrower has the Letters of Credit and retained by the Administrative Agent for the benefit of the Lenders and the Issuing Banks as collateral security for the Borrowers’ obligations in respect of this Agreement and such Letter of Credit. Amounts remaining in any cash collateral account established pursuant to this Section 3.3 which are not obtained applied to reimburse an Issuing Bank for amounts actually paid or to be paid by such Issuing Bank in respect of a Hedge Agreement with respect thereto satisfactory Letter of Credit or otherwise applied to the Obligations shall be returned to the applicable Borrower within one (1) Business Day (after deduction of the Administrative Agent’s expenses incurred in connection with such cash collateral account).

Types and Amounts. An No Issuing Bank shall not have any obligation to issueIssue, amend or extendand, with respect to clauses ‎(i) through ‎(iii) and ‎(v) below, shall not issueexcept as otherwise agreed by the Majority Banks and such Issuing Bank (except with respect to any notification received by an Issuing Bank pursuant to ‎Section 2.05(a)(ii)(A), amend or extendwhich shall require the agreement of all of the Banks and such Issuing Bank), Issue any Letter of Credit at any time: (i) if the aggregate Letter of Credit Obligations with respect to such Issuing Bank, after giving effect to the issuance, amendment or extension Issuance of the Letter of Credit requested hereunder, shall exceed any limit imposed by law or regulation upon such Issuing Bank or (unless otherwise agreed by such Issuing Bank in its sole and absolute discretion) the Letter of Credit Fronting Sublimit of such Issuing Bank; (ii) if the such Issuing Bank receives written notice (A) from the Agent at or before 11:00 a.m. (New York City time) on the date of the proposed issuance, amendment or extension Issuance of such Letter of Credit that (A) that, immediately after giving effect to the issuance, amendment or extension Issuance of such Letter of Credit, (I) the Letter of Credit Obligations at such time would exceed $15,000,000, or (IIw) the Revolving Credit Obligations at such time would exceed the Maximum Total Commitment, (x) the outstanding Letter of Credit Obligations would exceed the amount of the Letter of Credit Sublimit, (y) the aggregate outstanding principal amount of the Revolving Advances of any Bank, plus such Bank’s Letter of Credit Amount at Participations and Swing Line Participations shall exceed such timeBank’s Commitments, or (z) the aggregate outstanding principal amount of the Revolving Advances and Letter of Credit Obligations denominated in Alternative Currencies shall exceed the Alternative Currency Sublimit, or (B) from any of the Banks at or before 11:00 a.m. (New York City time) on the date of the proposed Issuance of such Letter of Credit that one or more of the conditions precedent contained in SECTIONS 6.01 Sections ‎3.01 (solely with respect to an Issuance of a Letter of Credit on the Second Amendment and Restatement Effective Date, if applicable) or 6.02, as applicable‎3.02, would not on such date be satisfied, unless such conditions are thereafter satisfied or waived and written notice of such satisfaction or waiver is given to the such Issuing Bank by the Agent (it being understood that an and such Issuing Bank shall not otherwise be required to determine that, or take notice whether, the conditions precedent set forth in SECTIONS 6.01 Sections ‎3.01 or 6.02‎3.02, as applicable, have been satisfiedsatisfied or waived), or (III) with respect to a Letter of Credit to be issued for the account of Leasing Affiliate, the Leasing Affiliate Liabilities would exceed $20,000,000; (iii) if the Subject to Section 2.05(c)(iii), which has an expiration date therefor is later than the earlier of (A) the date one (1) year after the date of issuance (without regard to any automatic renewal provisions thereof) Issuance or (B) except as otherwise set forth in ‎Section 2.05(j), the Business Day next preceding five (5) Business Days prior to the scheduled Revolving Credit Stated Termination Date; or; (iv) if the requested Letter of Credit which is in a currency other than Dollars or a Primary Currency, or if agreed to by each Bank and Borrower has such Issuing Bank in their absolute and sole discretion, an Alternative Currency that is not obtained a Hedge Agreement Primary Currency; (v) the Issuance and terms of which are governed by the laws of any jurisdiction other than the United States or any other jurisdiction which is approved by the Agent and such Issuing Bank (which approval shall not be unreasonably withheld or delayed); (vi) any order, judgment or decree of any Governmental Authority or arbitrator shall by its terms purport to enjoin or restrain the applicable Issuing Bank from issuing such Letter of Credit, or any law applicable to the applicable Issuing Bank or any request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over the applicable Issuing Bank shall prohibit, or request that the applicable Issuing Bank refrain from, the issuance of letters of credit generally or such Letter of Credit in particular or shall impose upon the applicable Issuing Bank with respect thereto satisfactory to such Letter of Credit any restriction, reserve or capital requirement (for which the applicable Issuing Bank is not otherwise compensated hereunder) not in effect on the Second Amendment and Restatement Effective Date, or shall impose upon the applicable Issuing Bank any unreimbursed loss, cost or expense which was not applicable on the Second Amendment and Restatement Effective Date and which the applicable Issuing Bank in good fxxxx xxxxx material to it (it being understood that if the Issuing Bank determines not to Issue a Letter of Credit as a result of events or circumstances giving rise to unreimbursed losses, costs or expenses, the Issuing Bank shall promptly notify the Company and the Agent of the same. The Company may elect to reimburse such Issuing Bank for such loss, cost or expense; and upon the reimbursement of such loss, cost or expense, the Issuing Bank shall Issue such Letter of Credit on the terms and subject to the Agentother conditions set forth herein); or (vii) the Issuance of such Letter of Credit would violate one or more written policies of the applicable Issuing Bank applicable to letters of credit of the type of Letter of Credit to be issued hereunder.

Types and Amounts. An The Issuing Bank shall not have any obligation to issue, amend or extendIssue, and shall not issue, amend or extend, Issue any Letter of Credit at any time: (i) if the aggregate Letter of Credit Obligations with respect to such the Issuing Bank, after giving effect to the issuance, amendment or extension Issuance of the Letter of Credit requested hereunder, shall exceed $15,000,000 or any limit imposed by law or regulation upon such the Issuing Bank; (ii) if the Issuing Bank receives written notice (A) from the Administrative Agent at or before 11:00 a.m. 12:00 p.m. (New York time) on the date of the proposed issuance, amendment or extension Issuance of such Letter of Credit that (A) immediately after giving effect to the issuance, amendment or extension Issuance of such Letter of Credit, (I1) the Letter of Credit Obligations at such time would exceed $15,000,000, 15,000,000 or (II2) the Revolving Credit Obligations at such time would exceed the Maximum Revolving Credit Amount at such time, or (B) from the Administrative Agent or any of the Lenders at or before 12:00 p.m. (New York time) on the date of the proposed Issuance of such Letter of Credit that one or more of the conditions condi tions precedent contained in SECTIONS 6.01 or 6.02Article V, as applicable, would not on such date be satisfiedsatisfied (or waived pursuant to Section 13.09), unless such conditions are thereafter satisfied or waived and written notice of such satisfaction or waiver is given to the Issuing Bank by the Administrative Agent (it being understood that an and the Issuing Bank shall not otherwise be required to determine that, or take notice whether, the conditions precedent set forth in SECTIONS 6.01 or 6.02Article V, as applicable, have been satisfiedsatisfied or waived), or (III) with respect to a Letter of Credit to be issued for the account of Leasing Affiliate, the Leasing Affiliate Liabilities would exceed $20,000,000;; or (iii) if the which has an expiration date therefor is later than the earlier of (A) the date one (1) year after which occurs 180 days following the date of issuance (without regard Issuance with respect to any automatic renewal provisions thereof) a Commercial Letter of Credit or the date which occurs 360 days following the date of Issuance with respect to a Standby Letter of Credit or (B) the fifth Business Day next immediately preceding the scheduled Revolving Credit Termination Date; or (iv) if the requested Letter of Credit which is in a currency other than Dollars and Borrower has not obtained a Hedge Agreement with respect thereto satisfactory to the AgentDollars.

Types and Amounts. An Issuing Bank shall not have any obligation to issue, amend or extend, and shall not issue, amend or extend, any Letter of Credit at any time: (i) if the aggregate Letter of Credit Obligations with respect to such Issuing Bank, after giving effect to the issuance, amendment or extension of the Letter of Credit requested hereunder, shall exceed any limit imposed by law or regulation upon such Issuing BankBank or the L/C Sublimit; (ii) if the Issuing Bank receives written notice from the Funding Agent at or before 11:00 a.m. (New York time) on the date of the proposed issuance, amendment or extension of such Letter of Credit that (A) immediately after giving effect to the issuance, amendment or extension of such Letter of Credit, (I) the Letter of Credit Obligations at such time would exceed $15,000,000the L/C Sublimit, or (II) the Revolving Credit Obligations at such time would exceed the Maximum Revolving Credit Commitment Amount at such time, time or (BIII) one or more of the conditions precedent contained in SECTIONS 6.01 or 6.02, as applicable, Section 5.02 would not on such date be satisfied, unless such conditions are thereafter satisfied and written notice of such satisfaction is given to the Issuing Bank by the Funding Agent (it being understood that and an Issuing Bank shall not otherwise be required to determine that, or take notice whether, the conditions precedent set forth in SECTIONS 6.01 or 6.02, as applicable, Section 5.02 have been satisfied), or (III) with respect to a Letter of Credit to be issued for the account of Leasing Affiliate, the Leasing Affiliate Liabilities would exceed $20,000,000; (iii) if the which has an expiration date therefor is later than the earlier of (A) the date one (1) year after the date of issuance (without regard to any automatic renewal provisions pro visions thereof) or (B) the Business Day next preceding the scheduled Revolving Credit Loan Commitment Termination Date; or (iv) if the requested Letter of Credit which is in a currency other than Dollars unless otherwise agreed to by the Issuing Bank and Borrower has not obtained a Hedge Agreement with respect thereto satisfactory to the AgentAdministrative Agents.

Types and Amounts. An Issuing Bank shall not have any obligation to issue, amend or extend, and shall not issue, amend or extend, any Letter of Credit at any time: (i) if the aggregate Letter of Credit Obligations with respect to such Issuing Bank, after giving effect to the issuance, amendment or extension of the Letter of Credit requested hereunder, shall exceed any limit imposed by law or regulation upon such Issuing Bank; (ii) if the Issuing Bank receives written notice from the Agent at or before 11:00 a.m. 1:00 p.m. (New York time) on the date of the proposed issuance, amendment or extension of such Letter of Credit that (A) immediately after giving effect to the issuance, amendment or extension of such Letter of Credit, (I1) the Letter of Credit Obligations at such time would exceed $15,000,000, 5,000,000 or (II2) the Revolving Credit Obligations at such time would exceed the Maximum Revolving Credit Amount Availability at such time, or (B) one or more of the conditions precedent contained in SECTIONS 6.01 or 6.02, as applicable, Section 5.2 would not on such date be satisfied, unless such conditions are thereafter or have previously been satisfied and written notice of such satisfaction is given to the Issuing Bank by the Agent (it being understood that and an Issuing Bank shall not otherwise be required to determine that, or take notice whether, the conditions precedent set forth in SECTIONS 6.01 or 6.02, as applicableSection 5.2, have been satisfied), or (III) with respect to a Letter of Credit to be issued for the account of Leasing Affiliate, the Leasing Affiliate Liabilities would exceed $20,000,000;): (iii) if the which has an expiration date therefor is later than the earlier of (A) the date one (1) year after the date of issuance (without regard to any automatic renewal provisions thereof) or (B) the Business Day next preceding the scheduled Revolving Credit Termination Date; or (iv) if the requested Letter of Credit which is in a currency other than Dollars and Borrower has not obtained a Hedge Agreement with respect thereto satisfactory to the AgentDollars.

Types and Amounts. An Issuing Bank shall not have any obligation to issue, amend or extendIssue, and shall not issue, amend or extendIssue, any Letter of Credit at any time: (i) if the aggregate Letter of Credit Obligations with respect to such Issuing Bank, after giving effect to the issuance, amendment or extension Issuance of the Letter of Credit requested hereunder, shall exceed any limit imposed by law or regulation upon such Issuing Bank; (ii) if the Issuing Bank receives written notice (A) from the Administrative Agent at or before 11:00 a.m. (New York time) on the date of the proposed issuance, amendment or extension Issuance of such Letter of Credit that (A) that, immediately after giving effect to the issuance, amendment or extension Issuance of such Letter of Credit, (I) the Letter of Credit Obligations at such time would exceed $15,000,000, 60,000,000 or (II) the Revolving Credit Obligations at such time would exceed the Maximum Revolving Credit Amount at such time, or (B) from the Requisite Lenders at or before 11:00 a.m. (New York time) on the date of the proposed Issuance of such Letter of Credit that one or more of the conditions precedent contained in SECTIONS 6.01 Section 5.01 (with respect to an Issuance of a Letter of Credit on the Effective Date) or 6.02, as applicable, Section 5.02 would not on such date be satisfied, unless such conditions are thereafter satisfied and written notice of such satisfaction is given to the Issuing Bank by the Administrative Agent (it being understood that and an Issuing Bank shall not otherwise be required to determine that, or take notice whether, the conditions precedent set forth in SECTIONS 6.01 Sections 5.01 or 6.025.02, as applicable, have been satisfied), or (III) with respect to a Letter of Credit to be issued for the account of Leasing Affiliate, the Leasing Affiliate Liabilities would exceed $20,000,000;; or (iii) if the which has an expiration date therefor is later than the earlier of (A) the date one (1) year after which occurs 360 days following the date of issuance (without regard Issuance with respect to any automatic renewal provisions thereof) a Standby Letter of Credit or 180 days following the date of Issuance with respect to a Commercial Letter of Credit or (B) the Business Day next preceding day which is the scheduled Revolving Credit 180th day following the Commitment Termination Date; or (iv) if the requested Letter of Credit is in a currency other than Dollars and Borrower has not obtained a Hedge Agreement with respect thereto satisfactory to the Agent.

Types and Amounts. An The Issuing Bank shall not have any obligation to issue, amend or extendIssue, and shall not issue, amend or extend, Issue any Letter of Credit at any time: (i) if the aggregate Letter of Credit Obligations with respect to such the Issuing Bank, after giving effect to the issuance, amendment or extension Issuance of the Letter of Credit requested hereunder, shall exceed $10,000,000 or any limit imposed by law or regulation upon such the Issuing Bank; (ii) if the Issuing Bank receives written notice (A) from the Administrative Agent at or before 11:00 a.m. 12:00 p.m. (New York time) on the date of the proposed issuance, amendment or extension Issuance of such Letter of Credit that (A) immediately after giving effect to the issuance, amendment or extension Issuance of such Letter of Credit, (I1) the Letter of Credit Obligations at such time would exceed $15,000,000, 10,000,000 or (II2) the Revolving Credit Obligations at such time would exceed the Maximum Revolving Credit Amount at such time, or (B) from any of the Lenders at or before 12:00 p.m. (New York time) on the date of the proposed Issuance of such Letter of Credit that one or more of the conditions condi tions precedent contained in SECTIONS 6.01 or 6.02Article V, as applicable, would not on such date be satisfiedsatisfied (or waived pursuant to Section 13.09), unless such conditions are thereafter satisfied or waived and written notice of such satisfaction or waiver is given to the Issuing Bank by the Administrative Agent (it being understood that an and the Issuing Bank shall not otherwise be required to determine that, or take notice whether, the conditions precedent set forth in SECTIONS 6.01 or 6.02Article V, as applicable, have been satisfiedsatisfied or waived), or (III) with respect to a Letter of Credit to be issued for the account of Leasing Affiliate, the Leasing Affiliate Liabilities would exceed $20,000,000;; or (iii) if the which has an expiration date therefor is later than the earlier of (A) the date one (1) year after which occurs 180 days following the date of issuance (without regard Issuance with respect to any automatic renewal provisions thereof) a Commercial Letter of Credit or the date which occurs 360 days following the date of Issuance with respect to a Standby Letter of Credit or (B) the Business Day next immediately preceding the scheduled Revolving Credit Commitment Termination Date; or (iv) if the requested Letter of Credit which is in a currency other than Dollars and Borrower has not obtained a Hedge Agreement with respect thereto satisfactory to the AgentDollars.

Types and Amounts. An Issuing Bank shall not have any obligation to issue, amend or extendIssue, and shall not issue, amend or extendIssue, any Letter of Credit at any time: (i) if the aggregate Letter of Credit Obligations with respect to such Issuing Bank, after giving effect to the issuance, amendment or extension Issuance of the Letter of Credit requested hereunder, shall exceed any limit imposed by law or regulation upon such Issuing Bank; (ii) if the Issuing Bank receives written notice (A) from the Administrative Agent at or before 11:00 a.m. (New York time) on the date of the proposed issuance, amendment or extension Issuance of such Letter of Credit that (A) that, immediately after giving effect to the issuance, amendment or extension Issuance of such Letter of Credit, (I) the Letter of Credit Obligations at such time would exceed $15,000,000, 60,000,000 or (II) the Revolving Credit Obligations at such time would exceed the Maximum Revolving Credit Amount at such time, or (B) from the Requisite Lenders at or before 11:00 a.m. (New York time) on the date of the proposed Issuance of such Letter of Credit that one or more of the conditions precedent contained in SECTIONS 6.01 Section 5.01 (with respect to an Issuance of a Letter of Credit on the Closing Date) or 6.02, as applicable, Section 5.02 would not on such date be satisfied, unless such conditions are thereafter satisfied and written notice of such satisfaction is given to the Issuing Bank by the Administrative Agent (it being understood that and an Issuing Bank shall not otherwise be required to determine that, or take notice whether, the conditions precedent set forth in SECTIONS 6.01 Sections 5.01 or 6.025.02, as applicable, have been satisfied), or (III) with respect to a Letter of Credit to be issued for the account of Leasing Affiliate, the Leasing Affiliate Liabilities would exceed $20,000,000;; or (iii) if the which has an expiration date therefor is later than the earlier of (A) the date one (1) year after which occurs 360 days following the date of issuance (without regard Issuance with respect to any automatic renewal provisions thereof) a Standby Letter of Credit or 180 days following the date of Issuance with respect to a Commercial Letter of Credit or (B) the Business Day next preceding day which is the scheduled Revolving Credit 180th day following the Commitment Termination Date; or (iv) if the requested Letter of Credit is in a currency other than Dollars and Borrower has not obtained a Hedge Agreement with respect thereto satisfactory to the Agent.

Types and Amounts. An Issuing Bank shall not have any obligation ----------------- to issue, amend or extendIssue, and shall not issue, amend or extend, Issue any Letter of Credit at any time: (i) if the aggregate Letter of Credit Obligations with respect to such Issuing Bank, after giving effect to the issuance, amendment or extension Issuance of the Letter of Credit requested hereunder, shall exceed any limit imposed by law or regulation upon such Issuing Bank; (ii) if the Issuing Bank receives written notice (A) from the Administrative Agent at or before 11:00 a.m. (New York time) on the date of the proposed issuance, amendment or extension Issuance of such Letter of Credit that (A) immediately after giving effect to the issuance, amendment or extension Issuance of such Letter of Credit, (I) the Letter of Credit Obligations at such time would exceed $15,000,000, the amount of the L/C Subfacility in effect at such time or (II) the Revolving Credit Obligations at such time would exceed the Maximum Amount of Revolving Credit Amount Obligations at such time, or (B) from any of the Lenders at or before 11:00 a.m. (New York time) on the date of the proposed Issuance of such Letter of Credit that one or more of the conditions precedent contained in SECTIONS 6.01 Sections -------- 5.01 or 6.025.02, as applicable, would not on such date be satisfiedsatisfied (or waived ---- ---- pursuant to Section 13.07), unless such conditions are thereafter satisfied ------------- or waived and written notice of such satisfaction or waiver is given to the Issuing Bank by the Administrative Agent (it being understood that and an Issuing Bank shall not otherwise be required to determine that, or take notice whether, the conditions precedent set forth in SECTIONS 6.01 Sections 5.01 or 6.02, 5.02 as applicable, have ------------- ---- been satisfiedsatisfied or waived), or (III) with respect to a Letter of Credit to be issued for the account of Leasing Affiliate, the Leasing Affiliate Liabilities would exceed $20,000,000; (iii) if the which has an expiration date therefor is later than the earlier of (A) the date one (1) year after the date of issuance (without regard to any automatic renewal provisions thereof) or (B) the Business Day next preceding the scheduled Revolving Credit Termination Date; (iv) with respect to such proposed Letters of Credit denominated in an Alternative Currency if the Issuing Bank receives written notice from the Administrative Agent at or before 11:00 a.m. (New York time) on the date of the proposed issuance of such Letters of Credit that immediately after giving effect to the issuance of such Letter of Credit the Letter of Credit Obligations at such time in respect of outstanding Letters of Credit denominated in Alternative Currencies would exceed $5,000,000; or (ivv) if the requested Letter of Credit which is in a currency other than Dollars and Borrower has not obtained a Hedge Agreement with respect thereto satisfactory to the Agentor an Alternative Currency in which such Issuing Bank is then issuing letters of credit.

Types and Amounts. An Issuing Bank shall not have any ------------------ obligation to issue, amend or extend, and shall not issue, amend or extend, any Letter of Credit at any time: (i) if the aggregate Letter of Credit Obligations with respect to such Issuing Bank, after giving effect to the issuance, amendment or extension of the Letter of Credit requested hereunder, shall exceed any limit imposed by law or regulation upon such Issuing Bank; (ii) if the Issuing Bank receives written notice from the Agent at or before 11:00 a.m. (New York time) on the date of the proposed issuanceif, amendment or extension of such Letter of Credit that (A) immediately after giving effect to the issuance, amendment or extension of such Letter of Credit, (I1) the Letter of Credit Obligations at such time would exceed $15,000,000, 10,000,000 or (II2) the Revolving Credit Obligations at such time would exceed the Maximum Revolving Credit Amount at such time, or (B3) one or more of the conditions precedent contained in SECTIONS 6.01 Sections 6.1 or 6.026.2, ------------ --- as applicable, would not on such date be satisfied, unless such conditions are thereafter satisfied and written notice of such satisfaction is given to the such Issuing Bank by the Administrative Agent (it being understood that an and such Issuing Bank shall not otherwise be required to determine that, or take notice whether, the conditions precedent set forth in SECTIONS 6.01 Sections 6.1 or 6.026.2, as applicable, have been satisfied), or (III) with respect to a Letter of Credit to be issued for the account of Leasing Affiliate, the Leasing Affiliate Liabilities would exceed $20,000,000;; ------------ --- (iii) if the which has an expiration date therefor is later than the earlier of (A) the date one (1) year after the date of issuance (without regard to any automatic renewal provisions thereof) or (B) the Business Day next preceding the scheduled Revolving Credit Termination Date; or (iv) if the requested Letter of Credit which is in a currency other than Dollars and Borrower has not obtained a Hedge Agreement with respect thereto satisfactory to the AgentDollars.

Types and Amounts. An Issuing Bank shall not have any obligation to issue, amend or extend, and shall not issue, amend or extend, any Letter of Credit at any time: (i) if the aggregate Letter of Credit Obligations with respect to such Issuing Bank, after giving effect to the issuance, amendment or extension of the Letter of Credit requested hereunder, shall exceed any limit imposed by law or regulation upon such Issuing Bank; (ii) if the Issuing Bank receives written notice from the Agent at or before 11:00 a.m. (New York time) on the date of the proposed issuance, amendment or extension of such Letter of Credit that (A) immediately after giving effect to the issuance, amendment or extension of such Letter of Credit, (I) the Letter of Credit Obligations at such time would exceed $15,000,00013,000,000, or (II) the Revolving Credit Obligations at such time would exceed the Maximum Revolving Credit Amount at such time, or (B) one or more of the conditions precedent contained in SECTIONS Sections 6.01 or 6.02, as applicable, would not on such date be satisfied, unless such conditions are thereafter satisfied and written notice of such satisfaction is given to the Issuing Bank by the Agent (it being understood that an Issuing Bank shall not otherwise be required to determine that, or take notice whether, the conditions precedent set forth in SECTIONS Sections 6.01 or 6.02, as applicable, have been satisfied), or (III) with respect to a Letter of Credit to be issued for the account of Leasing Affiliate, the Leasing Affiliate Liabilities would exceed $20,000,000; (iii) if the expiration date therefor is later than the earlier of (A) the date one (1) year after the date of issuance (without regard to any automatic renewal provisions thereof) or (B) the Business Day next preceding the scheduled Revolving Credit Termination Date; or; (iv) if the requested Letter of Credit is in a currency other than Dollars and Borrower has Borrowers have not obtained a Hedge Agreement with respect thereto satisfactory to the Agent.; or (v) for the purpose of supporting, directly or indirectly, Indebtedness under the TROL Documents or incurred in connection with the development of and construction on the Property financed thereunder;

Types and Amounts. An No Issuing Bank shall not have any obligation to issue, amend and no Issuing Bank shall: (A) issue (or extend, and shall not issue, amend or extend, amend) any Letter of Credit at any time: if on the date of issuance (i) if the aggregate Letter of Credit Obligations with respect to such Issuing Bankor amendment), before or after giving effect to the issuance, amendment or extension of the Letter of Credit requested hereunder, shall exceed any limit imposed by law or regulation upon such Issuing Bank; (ii) if the Issuing Bank receives written notice from the Agent at or before 11:00 a.m. (New York time) on the date of the proposed issuance, amendment or extension of such Letter of Credit that (A) immediately after giving effect to the issuance, amendment or extension of such Letter of Credit, (Ii) the Letter Dollar Amount of Credit Obligations at such time would exceed $15,000,000, or (II) the Revolving Credit Obligations at such time would exceed the Maximum Aggregate Revolving Credit Amount Loan Commitment at such time, or (Bii) one or more the aggregate outstanding Dollar Amount of the conditions precedent contained in SECTIONS 6.01 or 6.02, as applicable, L/C Obligations would not on such date be satisfied, unless such conditions are thereafter satisfied and written notice of such satisfaction is given to the Issuing Bank by the Agent (it being understood that an Issuing Bank shall not otherwise be required to determine that, or take notice whether, the conditions precedent set forth in SECTIONS 6.01 or 6.02, as applicable, have been satisfied)exceed $70,000,000, or (IIIiii) with respect the aggregate outstanding Dollar Amount of L/C Obligations relating to a Letter Letters of Credit to be issued for the account of Leasing Affiliate, the Leasing Affiliate Liabilities would exceed $20,000,000; having expiration dates more than two (iii2) if the expiration date therefor is later than the earlier of (A) the date one (1) year years after the date of issuance thereof exceeds $5,000,000; or (without regard B) issue (or amend) any Letter of Credit which has an expiration date later than the date which is the earlier of (x) two (2) years after the date of issuance thereof (provided, however, that an Issuing Bank may issue (or amend) a Letter of Credit with an expiration date up to any automatic renewal provisions thereoffive years after the date of issuance thereof if the requirements of Section 3.3(A)(iii) are met and such expiration date does not run beyond the date contemplated in the following clause (y)) or (By) subject to the following sentence, five (5) Business Day next Days immediately preceding the scheduled Revolving Credit Termination Date; or (iv) if the requested provided, that any Letter of Credit is with a one-year term or a two-year term (or longer term as contemplated above), as applicable, may provide for the renewal thereof for additional one-year, two-year or longer periods (which in no event shall extend beyond the date referred to in clause (y) above). Notwithstanding anything to the contrary set forth in this Agreement, a Letter of Credit may have an expiry date that occurs within five (5) Business Days before the Revolving Credit Termination Date or after the Revolving Credit Termination Date so long as, in each case, the Administrative Agent receives from the applicable Borrower, at least five (5) Business Days prior to the earlier of the applicable Letter of Credit’s expiry date and the Revolving Credit Termination Date, an amount in immediately available funds equal to at least one hundred two percent (102%) of the LC Obligations owing under or in connection with such Letter of Credit. Any such collateral shall be held by the Administrative Agent in a currency other than Dollars separate account appropriately designated as a cash collateral account in relation to this Agreement and Borrower has the Letters of Credit and retained by the Administrative Agent for the benefit of the Lenders and the Issuing Banks as collateral security for the Borrowers’ obligations in respect of this Agreement and such Letter of Credit. Amounts remaining in any cash collateral account established pursuant to this Section 3.3 which are not obtained applied to reimburse an Issuing Bank for amounts actually paid or to be paid by such Issuing Bank in respect of a Hedge Agreement with respect thereto satisfactory Letter of Credit or otherwise applied to the Obligations shall be returned to the applicable Borrower within one (1) Business Day (after deduction of the Administrative Agent’s expenses incurred in connection with such cash collateral account).

Types and Amounts. An Issuing Bank shall not have any obligation to issue, amend or extend, and shall not issue, amend or extend, any Letter of Credit at any time: (i) if the aggregate Letter of Credit Obligations with respect to such Issuing Bank, after giving effect to the issuance, amendment or extension of the Letter of Credit requested hereunder, shall exceed any limit imposed by law or regulation upon such Issuing Bank; (ii) if the Issuing Bank receives written notice from the Administrative Agent at or before 11:00 a.m. (New York time) on the date of the proposed issuance, amendment or extension of such Letter of Credit that (A) immediately after giving effect to the issuance, amendment or extension of such Letter of Credit, (I) the Letter of Credit Obligations at such time would exceed $15,000,00012,000,000, or (II) the Revolving Credit Obligations Availability at such time would exceed the Maximum Revolving Credit Amount at such timebe less than zero, or (B) one or more of the conditions precedent contained in SECTIONS Sections 6.01 or 6.02, as applicable, would not on such date be satisfied, unless such conditions are thereafter satisfied and written notice of such satisfaction is given to the Issuing Bank by the Administrative Agent (it being understood that and an Issuing Bank shall not otherwise be required to determine that, or take notice whether, the conditions precedent set forth in SECTIONS Sections 6.01 or 6.02, as applicable, have been satisfied), or (III) with respect to a Letter of Credit to be issued for the account of Leasing Affiliate, the Leasing Affiliate Liabilities would exceed $20,000,000; (iii) if the which is in a currency other than a currency in which such Issuing Bank is then issuing letters of credit; or (iv) which has an expiration date therefor is later than the earlier to occur of (A) the date one (1) year after the date of issuance (without regard to any automatic renewal provisions thereof) or and (B) the Business Day next preceding the scheduled Revolving Credit Termination Date; or provided, however, that on the Revolving Credit Termination Date, Borrower shall deposit with the Administrative Agent (ivor respective Issuing Bank(s) if at the requested direction of the Administrative Agent) Cash Collateral for deposit in the Cash Collateral Account or under other agreements satisfactory to the Administrative Agent and Issuing Bank(s) and in an amount equal to one hundred five percent (105%) of the then undrawn face amount of all Letters of Credit denominated in Dollars and one hundred twenty percent (120%) of the then undrawn face amount of all Letters of Credit denominated in any currency other than Dollars, in each instance for all Letters of Credit which will continue outstanding after the Revolving Credit Termination Date, plus Letter of Credit is in a currency other than Dollars and Borrower has not obtained a Hedge Agreement Fees with respect thereto satisfactory to such Letters of Credit for the Agentperiod commencing on the Revolving Credit Termination Date through the expiry date of such Letters of Credit.

Types and Amounts. An The Issuing Bank shall not have any obligation to issue, amend or extend, and shall not issue, amend or extend, issue any Letter of Credit at any time: (ia) if the aggregate Letter maximum amount then available for drawing under Letters of Credit Obligations with respect to such issued by the Issuing Bank, after giving effect to the issuance, amendment or extension issuance of the such Letter of Credit requested hereunderCredit, shall would exceed any limit imposed by law or regulation upon such the Issuing Bank; (iib) if the Issuing Bank receives written notice from the Agent at or before 11:00 a.m. (New York time) on the date of the proposed issuanceif, amendment or extension of such Letter of Credit that (A) immediately after giving effect to the issuance, amendment or extension issuance of such Letter of Credit, (I) the aggregate principal amount of Letter of Credit Obligations at such time would exceed $15,000,000, or then existing (II) which amount shall be calculated without giving effect to the participation of the Revolving Credit Obligations at such time Loan Lenders pursuant to Section 3.06) would exceed the Maximum Revolving Loan Commitments then in effect less the principal amount of all outstanding Revolving Loans; (c) which has an expiration date (A) more than one year after the date of issuance, for Standby Letters of Credit Amount at such time, or (B) one or more provided that a Standby Letter of Credit may provide for an annual renewal on the conditions precedent contained in SECTIONS 6.01 or 6.02, as applicable, would not on such date be satisfied, unless such conditions are thereafter satisfied and written notice of such satisfaction is given to the Issuing Bank by the Agent (it being understood that an Issuing Bank shall not otherwise be required to determine that, or take notice whether, the conditions precedent terms set forth in SECTIONS 6.01 Section 3.04(c)) or 6.02, as applicable, have been satisfied), or (III) with respect to a Letter of Credit to be issued for the account of Leasing Affiliate, the Leasing Affiliate Liabilities would exceed $20,000,000; (iii) if the expiration date therefor is later more than the earlier of (A) the date one (1) year 180 days after the date of issuance (without regard subject to any automatic renewal provisions thereof) extension for a maximum period of 60 days), for Commercial Letters of Credit, or (B) after four Business Days immediately preceding the Final Maturity Date; (d) if the Issuing Bank has received written notice from (i) Lenders whose Pro Rata Revolving Loan Shares, in the aggregate, are more than 50%, (ii) the Agent or (iii) the Borrower, on or prior to the Business Day next preceding prior to the scheduled Revolving Credit Termination Daterequested date of issuance of such Letter of Credit, that one or more of the applicable conditions contained in Article IV is not then satisfied; or (ive) if any requested Commercial Letter of Credit does not provide for drafts or any Letter of Credit is not otherwise in form and substance acceptable to the Issuing Bank, or if the issuance of the requested Letter of Credit is in a currency other than Dollars and Borrower has not obtained a Hedge Agreement with respect thereto satisfactory to would violate any applicable policies of the AgentIssuing Bank.

Types and Amounts. An No Issuing Bank shall not have any obligation to issue, amend or extend, and or shall not issue, amend or extend, any Letter of Credit at any time: (i) if the aggregate Letter of Credit Obligations with respect to such Issuing Bank, after giving effect to the issuance, amendment or extension of the Letter of Credit requested hereunder, shall exceed any limit imposed by law or regulation upon such Issuing Bank; (ii) if the such Issuing Bank receives written notice from the Administrative Agent at or before 11:00 a.m. (New York time) on the date of the proposed issuance, amendment or extension of such Letter of Credit that (A) immediately after giving effect to the issuance, amendment or extension of such Letter of Credit, (I) the Letter of Credit Obligations at such time would exceed $15,000,000, 5,000,000 or (II) the Revolving Credit Obligations Availability at such time would exceed the Maximum Revolving Credit Amount at such timebe less than zero, or (B) one or more of the conditions precedent contained in SECTIONS Sections 6.01 or 6.02, as applicable, would not on such date be satisfied, unless such conditions are thereafter satisfied and written notice of such satisfaction is given to the Issuing Bank Banks by the Administrative Agent (it being understood that an and the Issuing Bank Banks shall not otherwise be required to determine that, or take notice whether, the conditions precedent set forth in SECTIONS Sections 6.01 or 6.02, as applicable, have been satisfied), or (III) with respect to a Letter of Credit to be issued for the account of Leasing Affiliate, the Leasing Affiliate Liabilities would exceed $20,000,000; (iii) if the which has an expiration date therefor is later than the earlier of (A) the date one (1) year after the date of issuance (without regard to any automatic renewal provisions pro visions thereof) or (B) the Business Day next preceding the scheduled Revolving Credit Termination Date; or; (iv) if the requested Letter of Credit which is in a currency other than Dollars and Borrower has not obtained a Hedge Agreement currency in which such Issuing Bank is then issuing letters of credit; or (v) if the aggregate Dollar equivalent of the face amount of Letters of Credit issued in a currency other than For purposes of the Dollar limitations set forth in clause (ii) above, all calculations thereof shall be determined, with respect thereto satisfactory to Letters of Credit denominated in a currency other than Dollars based on the AgentDollar equivalent of such currency at the exchange rate therefor as in effect on the date of determination.

Types and Amounts. An Issuing Bank shall not have any obligation to issue, amend or extendIssue, and shall not issue, amend or extend, Issue any Letter of Credit at any time: (i) if the aggregate Letter of Credit Obligations with respect to such Issuing Bank, after giving effect to the issuance, amendment or extension Issuance of the Letter of Credit requested hereunder, shall exceed any limit imposed by law or regulation upon such Issuing Bank; (ii) if the Issuing Bank receives written notice (A) from the Administrative Agent at or before 11:00 a.m. (New York time) on the date of the proposed issuance, amendment or extension Issuance of such Letter of Credit that (A) immediately after giving effect to the issuance, amendment or extension Issuance of such Letter of Credit, (I) the Letter of Credit Obligations at such time would exceed $15,000,000, or (II1) the Revolving Credit Obligations at such time would exceed the Maximum Revolving Credit Amount at such time, (2) the undrawn face amount of the Letter of Credit Obligations denominated in Alternative Currencies, when aggregated with all other Revolving Credit Obligations denominated in Alternative Currencies, would exceed the Multicurrency Sublimit, or (3) in the case such Letter of Credit is being issued for the account of a Foreign Borrower, the Revolving Credit Obligations owing by such Foreign Borrower at such time would exceed such Foreign Borrower's Foreign Borrower Sublimit or (B) from any of the Lenders at or before 11:00 a.m. (New York time) on the date of the proposed Issuance of such Letter of Credit that one or more of the conditions precedent contained in SECTIONS 6.01 Sections 5.01 or 6.025.02, as applicable, would not on such date be satisfiedsatisfied (or waived pursuant to Section 13.07), unless such conditions are thereafter satisfied or waived and written notice of such satisfaction or waiver is given to the Issuing Bank by the Administrative Agent (it being understood that and an Issuing Bank shall not otherwise be required to determine that, or take notice whether, the conditions -48- 50 precedent set forth in SECTIONS 6.01 Sections 5.01 or 6.025.02, as applicable, have been satisfiedsatisfied or waived), or (III) with respect to a Letter of Credit to be issued for the account of Leasing Affiliate, the Leasing Affiliate Liabilities would exceed $20,000,000;; or (iii) if the which has an expiration date therefor is later than the earlier of (A) the date one (1) year after the date of issuance (without regard to any automatic renewal provisions thereof) or (B) the Business Day next preceding the scheduled Revolving Credit Termination Date; or (iv) if the requested Letter of Credit which is in a currency other than Dollars and Borrower has not obtained a Hedge Agreement with respect thereto satisfactory to the Agentor an Alternative Currency in which such Issuing Bank is then issuing letters of credit.