Common use of Letter-of-Credit Rights Clause in Contracts

Letter-of-Credit Rights. If the Debtor is at any time a beneficiary under a letter of credit, the Debtor shall promptly notify the Secured Party thereof and, at the request and option of the Secured Party, the Debtor shall, pursuant to an agreement in form and substance satisfactory to the Secured Party, either (i) arrange for the issuer and any confirmer or other nominated person of such letter of credit to consent to an assignment to the Secured Party of the proceeds of the letter of credit, or (ii) arrange for the Secured Party to become the transferee beneficiary of the letter of credit, with the Secured Party agreeing, in each case, that the proceeds of the letter to credit are to be applied to the Obligations in such order and priority as the Secured Party.

Appears in 5 contracts

Samples: Second Amended and Restated Security Agreement (Cardinal Ethanol LLC), Security Agreement (Highwater Ethanol LLC), Security Agreement (One Earth Energy LLC)

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Letter-of-Credit Rights. If the Debtor is Debtors are now or at any time hereafter shall become a beneficiary under a letter of credit, the Debtor Debtors shall promptly notify the Secured Party thereof and, at the request and option of the Secured Party, the Debtor Debtors shall, pursuant to an agreement in form and substance satisfactory to the Secured Party, either (ia) arrange for the issuer and any confirmer conformer or other nominated person of such letter of credit to consent to an assignment to the Secured Party of the proceeds of the letter of credit, or (iib) arrange for the Secured Party to become the transferee beneficiary of the letter of credit, with the Secured Party agreeing, in each case, that the proceeds of the letter to of credit are to be applied to the Obligations in such order and priority as the Secured PartyObligations.

Appears in 4 contracts

Samples: Security Agreement (Quality Gold Holdings, Inc.), Security Agreement (Quality Gold Holdings, Inc.), Security Agreement (Quality Gold Holdings, Inc.)

Letter-of-Credit Rights. If the Debtor is at any time a beneficiary under a letter of credit, the Debtor shall promptly notify the Secured Party thereof and, at the request and option of the Secured Party, the Debtor shall, pursuant to an agreement in form and substance satisfactory to the Secured Party, either (i) arrange for the issuer and any confirmer or other nominated person of such letter of credit to consent to an assignment to the Secured Party of the proceeds of the letter of credit, or (ii) arrange for the Secured Party to become the transferee beneficiary of the letter of credit, with the Secured Party agreeing, in each case, that the proceeds of the letter to credit are to be applied to as provided in the Obligations in such order and priority as the Secured PartyLoan Documents.

Appears in 4 contracts

Samples: Security Agreement (Itex Corporation), Security Agreement (Itex Corporation), Security Agreement (Itex Corporation)

Letter-of-Credit Rights. If the Debtor is at any time a beneficiary under a letter of creditcredit now or hereafter issued in favor of Debtor, the Debtor shall promptly notify the Secured Party thereof and, at the request and option of the Secured Party, the Debtor shall, pursuant to an agreement in form and substance satisfactory to the Secured Party, either (i) arrange for the issuer and any confirmer or other nominated person of such letter of credit to consent to an assignment to the Secured Party of the proceeds of the any drawing under such letter of credit, credit or (ii) arrange for the Secured Party to become the transferee beneficiary of the such letter of credit, with the Secured Party agreeing, in each case, that the proceeds of the any drawing under such letter to of credit are to be applied to the Obligations as specified in such order and priority as the Secured PartySection 4.3.

Appears in 3 contracts

Samples: Amended and Restated Security Agreement (Resaca Exploitation, Inc.), Amended and Restated Security Agreement (Resaca Exploitation, Inc.), Security Agreement (Specialty Laboratories)

Letter-of-Credit Rights. If the Debtor is at any time a beneficiary under a letter of creditcredit now or hereafter issued, the Debtor shall promptly notify the Secured Party thereof and, at the request and option of the Secured Party, the Debtor shall, pursuant to an agreement in form and substance satisfactory to the Secured Party, either (i) arrange for the issuer and any confirmer or other nominated person of such letter of credit to consent to an assignment to the Secured Party of the proceeds of any drawing under the letter of credit, credit or (ii) arrange for the Secured Party to become the transferee beneficiary of the letter of credit, with the Secured Party agreeing, in each case, that the proceeds of any drawing under the letter to of credit are to be applied to as provided in the Obligations in such order and priority as the Secured PartyNotes.

Appears in 2 contracts

Samples: Security Agreement (Lumenon Innovative Lightwave Technology Inc), Security Agreement (Lumenon Innovative Lightwave Technology Inc)

Letter-of-Credit Rights. If the Debtor is at any time a beneficiary under a letter of credit, the Debtor shall promptly notify the Secured Party thereof and, at the request and option of the Secured Party, the Debtor shall, pursuant to an agreement in form and substance satisfactory to the Secured Party, either (i) arrange for the issuer and any confirmer or other nominated person of such letter of credit to consent to an assignment to the Secured Party of the proceeds of the letter of credit, or (ii) arrange for the Secured Party to become the transferee beneficiary of the letter of credit, with the Secured Party agreeing, in each case, that the proceeds of the letter to credit are to be applied to the Obligations in such order and priority as the Secured Party.. 4.7

Appears in 2 contracts

Samples: Security Agreement (Cardinal Ethanol LLC), Security Agreement (Cardinal Ethanol LLC)

Letter-of-Credit Rights. If the Debtor is Debtors are at any time a beneficiary beneficiaries under a letter of credit, the Debtor Debtors shall promptly notify the Secured Party thereof and, at the request and option of the Secured Party, the Debtor Debtors shall, pursuant to an agreement in form and substance satisfactory to the Secured Party, either (i) arrange for the issuer and any confirmer or other nominated person of such letter of credit to consent to an assignment to the Secured Party of the proceeds of the letter of credit, credit or (ii) arrange for the Secured Party to become the transferee beneficiary of the letter of credit, with the Secured Party agreeing, in each case, that the proceeds of the letter to credit are to be applied to the Obligations in such order and priority as the Secured Partyprovided herein.

Appears in 2 contracts

Samples: And Security Agreement (Options Talent Group), Agreement and Plan of Merger (Options Talent Group)

Letter-of-Credit Rights. If the Debtor is at any time a beneficiary under a letter of credit, the Debtor shall promptly notify the Secured Party thereof and, at the request and option of the Secured Party, the Debtor shall, pursuant to an agreement in form and substance satisfactory to the Secured Party, either (ia) arrange for the issuer and any confirmer or other nominated person of such letter of credit to consent to an assignment to the Secured Party of the proceeds of the letter of credit, credit or (iib) arrange for the Secured Party to become the transferee beneficiary of the letter of credit, with the Secured Party agreeing, in each case, that the proceeds of the letter to credit are to be applied to the Obligations in such order and priority as the Secured PartyParty shall require.

Appears in 2 contracts

Samples: Security Agreement (Green Plains Renewable Energy, Inc.), Security Agreement (Green Plains Renewable Energy, Inc.)

Letter-of-Credit Rights. If the Debtor is at any time a beneficiary under a letter of credit, the Debtor shall promptly notify the Secured Party thereof and, at the request and option of the Secured Party, the Debtor shall, pursuant to an agreement in form and substance satisfactory to the Secured Party, either (i) arrange for the issuer and any confirmer or other nominated person of such letter of credit to consent to an assignment to the Secured Party of the proceeds of the letter of credit, or (ii) arrange for the Secured Party to become the transferee beneficiary of the letter of credit, with the Secured Party agreeing, in each case, that the proceeds of the letter to credit are to be applied to as provided in the Obligations in such order and priority as the Secured PartyLoan Agreement.

Appears in 2 contracts

Samples: Security Agreement (Wornick CO Right Away Division, L.P.), Security Agreement (TWC Holding Corp.)

Letter-of-Credit Rights. If the Debtor is at any time a beneficiary ----------------------- under a letter of credit, the Debtor shall promptly notify the Secured Party thereof and, at the request and option of the Secured Party, the Debtor shall, pursuant to an agreement in form and substance satisfactory to the Secured Party, either (i) arrange for the issuer and any confirmer or other nominated person of such letter of credit to consent to an assignment to the Secured Party of the proceeds of the letter of credit, or (ii) arrange for the Secured Party to become the transferee beneficiary of the letter of credit, with the Secured Party agreeing, in each case, that the proceeds of the letter to credit are to be applied to as provided in the Obligations in such order and priority as the Secured PartyNote.

Appears in 1 contract

Samples: Security Agreement (Ydi Wireless Inc)

Letter-of-Credit Rights. If the Debtor is at any time a beneficiary ------------------------ under a letter of credit, the Debtor shall promptly notify the Secured Party thereof and, at the request and option of the Secured Party, the Debtor shall, pursuant to an agreement in form and substance satisfactory to the Secured Party, either (i) arrange for the issuer and any confirmer or other nominated person of such letter of credit to consent to an assignment to the Secured Party of the proceeds of the letter of credit, or (ii) arrange for the Secured Party to become the transferee beneficiary of the letter of credit, with the Secured Party agreeing, in each case, that the proceeds of the letter to credit are to be applied to as provided in the Obligations in such order and priority as the Secured PartyNote.

Appears in 1 contract

Samples: Security Agreement (Rapidtron Inc)

Letter-of-Credit Rights. If the Debtor Maker is at any time a beneficiary under a letter of creditcredit now or hereafter, the Debtor Maker shall promptly notify the Secured Party thereof and, at the request and option of the Secured Party, the Debtor Maker shall, pursuant to an agreement in form and substance satisfactory to the Secured Party, either (i) arrange for the issuer and any confirmer or other nominated person of such letter of credit to consent to an assignment to the Secured Party of the proceeds of the letter of credit, credit or (ii) arrange for the Secured Party to become the transferee beneficiary of the letter of credit, with the Secured Party agreeing, in each case, that the proceeds of the letter to credit are to be applied to payment of the Obligations in such order and priority as the Secured PartyObligations.

Appears in 1 contract

Samples: Security Agreement (VistaGen Therapeutics, Inc.)

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Letter-of-Credit Rights. If the Debtor is at any time a beneficiary under a letter of credit, the Debtor shall promptly notify the Secured Party thereof and, at the request and option of the Secured Party, the Debtor shall, pursuant to an agreement in form and substance satisfactory to the Secured Party, take such actions as Secured Party may reasonably request to either (i) arrange for the issuer and any confirmer or other nominated person Person of such letter of credit to consent to an assignment to the Secured Party of the proceeds of the letter of credit, or (ii) arrange for the Secured Party to become the transferee beneficiary of the letter of credit, with the Secured Party agreeing, in each case, that the proceeds of the letter to credit are to be applied to the Obligations as provided in such order and priority as the Secured PartyCredit Agreement.

Appears in 1 contract

Samples: Security Agreement (iBio, Inc.)

Letter-of-Credit Rights. If the Debtor is at any time a beneficiary under a letter of credit, the Debtor shall promptly notify the Secured Party thereof and, at the request and option of the Secured Party, the Debtor shall, pursuant to an agreement in form and substance satisfactory to the Secured Party, either (i) arrange for the issuer and any confirmer or other nominated person of such letter of credit to consent to an assignment to the Secured Party of the proceeds of the letter of credit, or (ii) arrange for the Secured Party to become the transferee beneficiary of the letter of credit, with the Secured Party agreeing, in each case, that the proceeds of the letter to credit are to be applied to as provided in the Obligations in such order and priority as the Secured PartyFacility Agreement.

Appears in 1 contract

Samples: Security Agreement (Western Goldfields Inc)

Letter-of-Credit Rights. If the Debtor is at any time a beneficiary under a letter of creditcredit now or hereafter issued in favor of Debtor, the Debtor shall promptly notify the Secured Party thereof and, at the request and option of the Secured Party, the Debtor shall, pursuant to an agreement in form and substance satisfactory to the Secured Party, either (i) arrange for the issuer and any confirmer or other nominated person of such letter of credit to consent to an assignment to the Secured Party of the proceeds of any drawing under the letter of credit, credit or (ii) arrange for the Secured Party to become the transferee beneficiary of the letter of credit, with the Secured Party agreeing, in each case, that the proceeds of any drawing under the letter to credit are to be applied in reduction of the Obligations, or to the Obligations be held as Collateral, as Secured Party in such order and priority as the Secured Partyits sole discretion shall deem appropriate.

Appears in 1 contract

Samples: Security Agreement (Medallion Financial Corp)

Letter-of-Credit Rights. If the Debtor is at any time a beneficiary under a letter of credit, the Debtor shall promptly notify the Secured Party thereof and, at the reasonable request and option of the Secured Party, the Debtor shall, pursuant to an agreement in form and substance reasonably satisfactory to the Secured Party, either (i) arrange for the issuer and any confirmer or other nominated person of such letter of credit to consent to an assignment to the Secured Party of the proceeds of the letter of credit, or (ii) arrange for the Secured Party to become the transferee beneficiary of the letter of credit, with the Secured Party agreeing, in each case, that the proceeds of the letter to credit are to be applied to as provided in the Obligations in such order and priority as the Secured PartyCredit Agreement.

Appears in 1 contract

Samples: Security Agreement (Coactive Marketing Group Inc)

Letter-of-Credit Rights. If the Debtor is at any time a beneficiary under a letter of credit, the Debtor shall promptly notify the Secured Party thereof of such fact and, at the request and option of the Secured Party, the Debtor shall, pursuant to an agreement in form and substance satisfactory to the Secured Party, either (i) arrange for the issuer and any confirmer or other nominated person of such letter of credit to consent to an assignment to the Secured Party of the proceeds of the letter of credit, or (ii) arrange for the Secured Party to become the transferee beneficiary of the letter of credit, with the Secured Party agreeing, in each case, that the proceeds of the letter to credit are to be applied to as provided in the Obligations in such order and priority as the Secured PartyPower Purchase Agreement.

Appears in 1 contract

Samples: Power Purchase Agreement

Letter-of-Credit Rights. If the Debtor is at any time a beneficiary under a letter of creditcredit now or hereafter, the Debtor shall promptly notify the Secured Party thereof and, at the Secured Party’s request and option of the Secured Partyoption, the Debtor shall, shall pursuant to an agreement in form and substance satisfactory to the Secured Party, either (i) arrange for the issuer and any confirmer or other nominated person of such letter of credit to consent to an assignment to the Secured Party of the proceeds of the letter of credit, credit or (ii) arrange for the Secured Party to become the transferee beneficiary of the letter of credit, with the Secured Party agreeing, agreeing in each such case, that the proceeds of the letter to credit are to be applied to the Obligations in such order and priority as payment of the Secured PartyObligations.

Appears in 1 contract

Samples: Second Lien Security Agreement (Turbosonic Technologies Inc)

Letter-of-Credit Rights. If the Debtor is at any time a beneficiary under a letter of credit, the Debtor shall promptly notify the Secured Party thereof and, at the request and option of the Secured Party, the Debtor shall, pursuant to an agreement in form and substance satisfactory to the Secured Party, either (i7) arrange for the issuer and any confirmer or other nominated person Person of such letter of credit to consent to an assignment to the Secured Party of the proceeds of the letter of credit, credit or (ii) 8) arrange for the Secured Party to become the transferee beneficiary of the letter of credit, with the Secured Party agreeing, in each case, that the proceeds of the letter to credit are to be applied to as provided in the Obligations in such order and priority as the Secured PartyCredit Agreement.

Appears in 1 contract

Samples: Security Agreement (CrossPoint Energy CO)

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