Examples of Buyer Letter of Credit in a sentence
After an Event of Default the Grantor hereby irrevocably authorizes the Agent to deposit into a cash collateral account any amounts received by the Agent with respect to any Buyer Letter of Credit of which the Grantor is the beneficiary (whether as the collecting or presenting bank or otherwise) or paid out by the Agent as the negotiating or paying bank therefor.
Any such amounts drawn on the Buyer Letter of Credit pursuant to this subparagraph (d) shall be (i) held by HELCO as security for Guarantor’s performance of its obligation to maintain and replace the Buyer Letter of Credit as aforesaid, until such time as a new Buyer Letter of Credit is issued and delivered to HELCO, and (ii) upon the issuance and delivery of a new Buyer Letter of Credit as aforesaid, paid over to Guarantor or its designee without interest.
On the Effective Date, Buyer has delivered to Seller either the Buyer Letter of Credit or the Deposit Escrow Amount in accordance with the Deposit Escrow Agreement.
The Buyer Letter of Credit is irrevocable prior to the earlier to occur of (i) the return of the Buyer Letter of Credit to Buyer pursuant to Section 7.03(a), Section 7.03(b) or Section 7.03(c), or (ii) Seller presenting the Buyer Letter of Credit for payment pursuant to Section 7.03(g).
Buyer shall have no obligation to remit to any person or entity any excess proceeds of any draw on the Buyer Letter of Credit until this Agreement has terminated and all obligations hereunder and other obligations of Customer to Buyer have been paid in full.
This Agreement including the exhibits, schedules, documents, certificates and instruments referred to herein or therein, including the Buyer Parent Guaranty, the Buyer Letter of Credit, the Technology Transfer Agreement, the Transition Services Agreement and other Contracts, agreements and instruments contemplated hereby or thereby, embody the entire agreement and understanding of Seller and Buyer in respect of the transactions contemplated by this Agreement.
Seller shall return the Buyer Letter of Credit to Buyer at the Closing.
Each Buyer Letter of Credit shall be in the amount of the original principal amount of the Installment Note it secures and shall be issued in favor of the applicable Seller Note Designee with respect to such Seller Note Designee’s Installment Note by either of the following (the “Issuing Bank”): (i) XX Xxxxxx Xxxxx Bank, N.A., or (ii) another financial institution acceptable to Seller in its reasonable discretion.
Any Buyer Letter of Credit shall be renewed, and continue in existence, until the corresponding Leucadia Letters of Credit has been replaced by the Buyer or has expired or terminated and all payment obligations under the Buyer Letter of Credit have been satisfied and all collateral in connection with the Leucadia Letters of Credit has been released or an equivalent amount has been drawn upon the Buyer Letter of Credit by Leucadia.
To the extent of any expiration, termination or reduction of Continuing Credit Support Obligations that are supported by a Buyer Letter of Credit pursuant to this clause, the face value of such Buyer Letter of Credit would be decreased by a corresponding amount, and Xxxxxx agrees to reasonably cooperate to facilitate such decrease in the Buyer Letter of Credit.