Required Letter of Credit definition
Examples of Required Letter of Credit in a sentence
BOT Agreement Table 1 provides key Letter of Credit Milestones for the BOT Agreement and the associated Required Letter of Credit Amounts through the Closing.
In addition, one of the following tables for a BOT Agreement (Table 3) shows a contingent Letter of Credit Milestone, which could occur at or after the Closing, and the associated Required Letter of Credit Amount.
Accordingly, the Parties have agreed that Conergy will be required to deliver to MEMC, no later than the seventh Business Day of each Contract Year, an irrevocable Letter of Credit drawn on a bank that is requested by Conergy and approved by MEMC (the “LC Bank”), in an amount equal to the Required Letter of Credit Amount for such Contract Year as is set forth on Attachment C (the “Letter of Credit Amount”), and that expires on the eighth Business Day of the subsequent Contract Year.
The Letter of Credit, together with the Stated Amount of all other outstanding Letters of Credit issued to the Agent, shall have a Stated Amount equal to the Required Letter of Credit Amount.
Table 3 provides for a contingent Letter of Credit Milestone and the associated Required Letter of Credit Amount (the “Supplemental Letter of Credit Amount”).
Notwithstanding the foregoing, on the Closing Date and for a period of ten (10) Business Days thereafter, the Credit Parties may satisfy the Required Letter of Credit requirement by reserving an additional $2,000,000 of Revolving Loan Availability (which reserve shall be in addition and not duplicative of any amount similarly reserved for a similar purposes under the Revolving Loan Agreement) in addition to and above the Minimum Liquidity Threshold.
Accordingly, the Parties have agreed that Suntech will be required to deliver to MEMC, no later than the fifth Business Day of each Contract Year, an irrevocable Letter of Credit drawn on the New York, New York branch of the Bank of China (the “LC Bank”), in an amount equal to the Required Letter of Credit Amount for such Contract Year as is set forth on Attachment C (the “Letter of Credit Amount”), and that expires on the sixth Business Day of the subsequent Contract Year.
The Borrower may, in lieu of delivering a Letter of Credit or Letters of Credit to the Agent, establish a Cash Collateral Account in the name of the Agent for the benefit of the Lenders and deposit, or cause to be deposited, in the Cash Collateral Account an amount equal to the Required Letter of Credit Amount.
This Agreement shall be binding upon and inure to the benefit of the Partnership, the L/C Facility Agent and the Letter of Credit Banks and their respective successors, transferees and assigns, except that the Partnership may not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of the Required Letter of Credit Banks.
The Required Letter of Credit Amount shall be calculated based on the parcels that constitute Secured Transferred Parcels owned by such owner or Affiliates of such owner as of such August 1.