Examples of Confirming Letter of Credit in a sentence
Any Substitute Confirming Letter of Credit shall be delivered to the Trustee prior to such Mandatory Purchase Date and shall be effective on and after such Mandatory Purchase Date.
Subject to the conditions set forth in this Section 4.05, the Company may provide for the delivery to the Trustee of a Substitute Confirming Letter of Credit.
Reference is hereby made to the Indenture and the Agreement, copies of which are on file with the Trustee, and to the Letter of Credit and the Confirming Letter of Credit which are held by the Trustee, for the provisions, among others, with respect to the nature and extent of the rights, duties and obligations of the Issuer, the Borrower, the Trustee, the Registrar, the Paying Agent, the Tender Agent, the Remarketing Agent, the Bank and the Confirming Bank.
Notwithstanding anything elsewhere in this Indenture regarding a loss of rights by the Bank upon any failure by the Bank to honor a proper drawing by the Trustee under the Letter of Credit, all rights available to the Bank under Article IX and XII hereof shall continue, be effective and be exercisable by the Confirming Bank if the Confirming Bank has honored a drawing by the Trustee on the Confirming Letter of Credit.
At any time prior to the Trustee’s giving of notice of mandatory redemption of Bonds pursuant to Section 3.07C of the Indenture, the Borrower may provide for the delivery of an Alternate Letter of Credit or Alternate Confirming Letter of Credit, provided that the Borrower must furnish to the Trustee the opinion of Bond Counsel required under Section 6.08B(ii) of the Indenture.
The Borrower shall, simultaneously with the delivery of the Project Bonds and the Note, deliver or cause to be delivered the Letter of Credit and Confirming Letter of Credit to the Trustee.
The Borrower shall receive a credit against its obligation to make Loan Payments hereunder to the extent that there are amounts already on deposit in the Bond Fund created by the Indenture (except for moneys drawn on the Letter of Credit or the Confirming Letter of Credit), and available to pay principal or purchase price of and premium, if any, and interest on the Bonds pursuant to the Indenture, and to the extent that Loan Payments are made by the Borrower directly to the Bank pursuant to the Agreement.
The Borrower agrees that it will not, either by its action or inaction, in any way adversely affect the continuation or effectiveness of either the Letter of Credit or the Confirming Letter of Credit.
Notwithstanding anything to the contrary contained herein or in the Indenture, the Borrower shall have the right to secure an Alternate Letter of Credit or Alternate Confirming Letter of Credit at any time prior to the issuance of a notice of redemption of the Bonds due to a termination of the Letter of Credit or the Confirming Letter of Credit.
The Owner of this Bond, by the acceptance hereof, is deemed to have agreed and consented to the terms and provisions of the Indenture, the Agreement, the Letter of Credit and the Confirming Letter of Credit.