Examples of Facility A Letter of Credit in a sentence
For purposes of computing the daily amount available to be drawn under any Facility A Letter of Credit, the amount of such Facility A Letter of Credit shall be determined in accordance with Section 1.06.
Each Facility B Letter of Credit outstanding on the date of this Agreement shall be deemed to be a Facility A Letter of Credit outstanding under the Facility A Credit.
Any Facility A L/C Issuer may send a Facility A Letter of Credit or conduct any communication to or from the beneficiary via the Society for Worldwide Interbank Financial Telecommunication (“SWIFT”) message or overnight courier, or any other commercially reasonable means of communicating with a beneficiary.
NEW YORK BRANCH By: /s/ Xxxxx Xxx Name: Xxxxx Xxx Title: SEVP & GM Xxxxx Fargo Bank, National Association $86,500,000 Bank of America, N.A. $86,500,000 PNC Bank, National Association $86,500,000 Royal Bank of Canada $86,500,000 Citibank, N.A. $66,500,000 Compass Bank $58,000,000 Mizuho Bank, Ltd.
Notwithstanding that a Facility A Letter of Credit issued or outstanding hereunder is in support of any obligations of, or is for the account of, a Subsidiary, the Borrower shall be obligated to reimburse the applicable Facility A L/C Issuer hereunder for any and all drawings under such Facility A Letter of Credit.
Immediately upon the issuance of each Facility A Letter of Credit by a Facility A L/C Issuer, each Revolving A Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from such Facility A L/C Issuer a risk participation in such Facility A Letter of Credit in an amount equal to the product of such Revolving A Lender’s Applicable Revolving A Credit Percentage times the amount of such Facility A Letter of Credit.
The Borrower hereby assumes all risks of the acts or omissions of any beneficiary or transferee with respect to its use of any Facility A Letter of Credit; provided, however, that this assumption is not intended to, and shall not, preclude the Borrower’s pursuing such rights and remedies as it may have against the beneficiary or transferee at law or under any other agreement.
On or before the Effective Date, the Borrower shall ------------ pay to the Agent, for the account of the Lenders, all accrued and unpaid Revolving Credit Facility A Commitment Fees under the Second Amended and Restated Senior Secured Credit Agreement and all accrued and unpaid Letter of Credit Fees relating to any Revolving Credit Facility A Letter of Credit under the Second Amended and Restated Senior Secured Credit Agreement.
Facility A Letter of Credit Fees shall be (i) due and payable on the first Business Day after the end of each March, June, September and December, commencing with the first such date to occur after the issuance of such Facility A Letter of Credit, on the Facility A Letter of Credit Expiration Date and thereafter on demand and (ii) computed on a quarterly basis in arrears.
On the Third Restatement Date, (i) each Existing Letter of Credit, to the extent outstanding, shall constitute a Facility A Letter of Credit hereunder, (ii) each such Existing Letter of Credit shall be included in the calculation of LC Exposure and “Facility A LC Exposure” and (iii) all liabilities of Office Depot and the other Loan Parties with respect to such Existing Letters of Credit shall constitute Obligations.