Common use of Amounts; Outside Expiration Date Clause in Contracts

Amounts; Outside Expiration Date. A Letter of Credit Issuer shall not have any obligation to issue any Letter of Credit and the Agent shall not have any obligation to provide Credit Support at any time if: (i) the maximum face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrowers in connection with the opening thereof would exceed Availability at such time; or (iii) such Letter of Credit has an expiration date less than thirty (30) days prior to the Stated Termination Date or more than twelve (12) months from the date of issuance for standby letters of credit and 180 days from the date of issuance for documentary letters of credit; provided that any Letter of Credit issued in connection with the IRBs may have an expiration date of not later than the Termination Date. With respect to any Letter of Credit which contains any “evergreen” or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 1.3 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.

Appears in 3 contracts

Samples: Credit Agreement (Westlake Chemical Corp), Credit Agreement (Westlake Chemical Corp), Credit Agreement (Westlake Chemical Corp)

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Amounts; Outside Expiration Date. A Letter of Credit Issuer shall not have any obligation to issue any Letter of Credit and the The Agent shall not have any obligation to cause to be issued any Letter of Credit or to provide Credit Support for any Letter of Credit at any time if: (i1) the maximum face undrawn amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (ii2) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrowers Borrower in connection with the opening thereof would exceed the Combined Availability at such time; (3) in the case of a standby Letter of Credit, the maximum undrawn amount of the requested standby Letter of Credit, together will all other standby Letters of Credit issued for the account of the Borrower, exceeds $20,000,000; or (iii4) such Letter of Credit has an expiration date less later than thirty (30) 30 days prior to the Stated Termination Date or more than twelve (12) 12 months from the date of issuance for standby letters of credit and 180 days from the date of issuance for documentary letters of credit; provided that any Letter of Credit issued in connection with the IRBs may have an expiration date of not later than the Termination Date. With respect to any Letter of Credit which contains any "evergreen" or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 1.3 2.3 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.

Appears in 3 contracts

Samples: Loan and Security Agreement (Eddie Bauer Holdings, Inc.), Loan and Security Agreement (Eddie Bauer Holdings, Inc.), Loan and Security Agreement (Eddie Bauer Holdings, Inc.)

Amounts; Outside Expiration Date. A Letter of Credit Issuer The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit and the Agent shall not have any obligation or to provide Credit Support for any Letter of Credit at any time if: (i) the maximum face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrowers Borrower in connection with the opening thereof would exceed Availability at such time; or (iii) such Letter of Credit has an expiration date less than thirty five (305) days prior to the Stated Termination Date or more than twelve (12) 12 months from the date of issuance for standby letters of credit and 180 days from the date of issuance for documentary letters of credit; (provided that any Letter of Credit issued with a 12-month tenor may provide for the renewal thereof for additional 12-month periods, which shall in connection with no event extend beyond five (5) days prior to the IRBs may have an expiration date of not later than the Stated Termination Date). With respect to any Letter of Credit which contains any “evergreen” or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 1.3 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.

Appears in 3 contracts

Samples: Credit Agreement (Omnova Solutions Inc), Credit Agreement (Omnova Solutions Inc), Credit Agreement (Omnova Solutions Inc)

Amounts; Outside Expiration Date. A Letter of Credit Issuer The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit and the Agent shall not have any obligation or to provide Credit Support for any Letter of Credit at any time if: (i) the maximum face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrowers in connection with the opening thereof would exceed Availability at such time; or (iii) such Letter of Credit has an expiration date less than thirty (30) 30 days prior to the Stated Termination Date or more than twelve (12) 12 months from the date of issuance for standby letters of credit and 180 days from the date of issuance for documentary letters of credit; provided that any Letter of Credit issued in connection with the IRBs may have an expiration date of not later than the Termination Date. With respect to any Letter of Credit which contains any "evergreen" or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 1.3 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.

Appears in 2 contracts

Samples: Credit Agreement (Maxxam Inc), Credit Agreement (Unifi Inc)

Amounts; Outside Expiration Date. A Letter of Credit Issuer The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit and the Agent shall not have any obligation or to provide Credit Support for any Letter of Credit at any time if: (i) the maximum face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrowers in connection with the opening thereof would exceed Availability at such time; or (iii) such Letter of Credit has an expiration date less than thirty (30) 30 days prior to the Stated Termination Date or more than twelve (12) 12 months from the date of issuance for standby letters of credit and 180 days from the date of issuance for documentary letters of credit; provided that any Letter of Credit issued in connection with the IRBs may have an expiration date of not later than the Termination Date. With respect to any Letter of Credit which contains any “evergreen” or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 1.3 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.

Appears in 2 contracts

Samples: Credit Agreement (Unifi Inc), Credit Agreement (Unifi Inc)

Amounts; Outside Expiration Date. A Letter of Credit Issuer The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit and the Agent shall not have any obligation to provide Credit Support at any time if: if (i) the maximum face aggregate amount of the requested Letter of Credit for the term of such Letter of Credit (including any increases in amount referenced therein) is greater than the Unused Letter of Credit Subfacility at such time; (ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrowers in connection with the opening thereof would exceed Availability at such timeU.S. Availability; or (iii) such Letter of Credit has an expiration date less later than thirty (30) days prior to the Stated Termination Date or more than twelve (12) 12 months from after the date of issuance for issuance, in the case of standby letters of credit and (subject to customary evergreen or automatic renewal provisions reasonably acceptable to such Letter of Credit Issuer), or later than 180 days from after the date of issuance for issuance, in the case of documentary letters of credit; provided that in no event shall any Letter of Credit issued in connection with the IRBs may have an expiration date of not later than the date that is five (5) Business Days prior to the Termination Date. With respect to any Letter of Credit which contains any “evergreen” or automatic renewal or extension provision, each Lender if such Letter of Credit permits the Letter of Credit Issuer to prevent any extension by giving notice to the beneficiary thereof no later than a date (the “Non-Extension Notice Date”), once any such Letter of Credit has been issued, the U.S. Lenders shall be deemed to have consented authorized the Letter of Credit Issuer to any permit extensions of such extension or renewal Letter of Credit to an expiry date not later than the date that is five (5) Business Days prior to the Termination Date, unless any such Lender the Agent shall have provided to the Agent, received written notice that it declines from the Required Lenders declining to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to Non-Extension Notice Date; provided that no Lender may decline to extend or renew the Letter of Credit. If consent to any such extension if all of the requirements of this Section 1.3 2.4 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.

Appears in 2 contracts

Samples: Credit Agreement (United Rentals North America Inc), Assignment and Acceptance (United Rentals Inc /De)

Amounts; Outside Expiration Date. A Letter of Credit Issuer The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit and the Agent shall not have any obligation or to provide Credit Support for any Letter of Credit at any time if: (i) the maximum face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrowers Borrower in connection with the opening thereof would exceed Availability at such time; or (iii) such Letter of Credit has an expiration date less than thirty (30) 30 days prior to the Stated Termination Date or more than twelve (12) 12 months from the date of issuance for standby letters of credit and 180 days from the date of issuance for documentary letters of credit; provided that any Letter of Credit issued in connection with the IRBs may have an expiration date of not later than the Termination Date. With respect to any Letter of Credit which contains any “evergreen” or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 1.3 1.4 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.

Appears in 2 contracts

Samples: Credit Agreement (Spansion Inc.), Credit Agreement (Advanced Micro Devices Inc)

Amounts; Outside Expiration Date. A Letter of Credit Issuer The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit and the Agent shall not have any obligation or to provide Credit Support for any Letter of Credit at any time if: (i) the maximum face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrowers in connection with the opening thereof would exceed Availability at such time; or (iii) such Letter of Credit has an expiration date less than thirty (30) 30 days prior to the Stated Termination Date or more than twelve (12) 12 months from the date of issuance for standby letters of credit and 180 days from the date of issuance for documentary letters of credit; provided that any Letter of Credit issued in connection with the IRBs may have an expiration date of not later than the Termination Date. With respect to any Letter of Credit which contains any “evergreen” or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, Agent written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit, provided, that, no such extension or renewal shall cause the expiration date of such Letter of Credit to extend beyond the 30th day prior to the Stated Termination Date. If all of the requirements of this Section 1.3 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.

Appears in 2 contracts

Samples: Credit Agreement (PSS World Medical Inc), Credit Agreement (PSS World Medical Inc)

Amounts; Outside Expiration Date. A Letter of Credit Issuer The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit and the Agent shall not have any obligation or to provide Credit Support for any Letter of Credit at any time if: (i) the maximum face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrowers relevant Borrower in connection with the opening thereof would exceed Availability at such time; or (iii) such Letter of Credit has an expiration date less than thirty (30) 30 days prior to the Stated Termination Date or more than twelve (12) 12 months from the date of issuance for standby letters of credit and 180 270 days from the date of issuance for documentary letters of credit; provided that any Letter of Credit issued in connection with the IRBs may have an expiration date of not later than the Termination Date. With respect to any Letter of Credit which contains any "evergreen" or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 1.3 1.4 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (3com Corp)

Amounts; Outside Expiration Date. A Letter of Credit Issuer The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit and the Agent shall not have any obligation or to provide Credit Support for any Letter of Credit at any time if: (i) the maximum face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrowers in connection with the opening thereof would exceed Availability at such time; or (iii) such Letter of Credit has an expiration date less than thirty (30) days prior to the Stated Termination Date or more than twelve (12) months from the date of issuance for standby letters of credit and 180 one hundred eighty (180) days from the date of issuance for documentary letters of credit; provided that any Letter of Credit issued in connection with the IRBs may have an expiration date of not later than the Termination Date. With respect to any Letter of Credit which contains any "evergreen" or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 1.3 1.4 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Salton Inc)

Amounts; Outside Expiration Date. A Letter of Credit Issuer The Administrative Agent shall not have any obligation to issue or cause to be issued any Letter of Credit and the Agent shall not have any obligation or to provide Credit Support for any Letter of Credit at any time if: (i) the maximum face stated amount of the any requested US Letter of Credit is greater than the Unused US Letter of Credit Subfacility at such time or the maximum stated amount of any requested UK Letter of Credit is greater than the Unused UK Letter of Credit Subfacility at such time; (ii) the maximum undrawn stated amount of the any requested US Letter of Credit and all commissions, fees, and charges due from the Parent in connection with the opening thereof exceeds the US Availability at such time or the maximum undrawn stated amount of any requested UK Letter of Credit and all commissions, fees and charges due from the UK Borrowers in connection with the opening thereof would exceed exceeds the UK Availability at such time; or (iii) such Letter of Credit has an expiration date less than thirty (30) 30 days prior to the Stated Termination Date or more than twelve (12) 12 months from the date of issuance for standby letters of credit and 180 days from the date of issuance for documentary letters of credit; provided that any Letter of Credit issued in connection with the IRBs may have an expiration date of not later than the Termination Date. With respect to any Letter of Credit which contains any "evergreen" or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Administrative Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 1.3 SECTION 1.5 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Unifrax Investment Corp)

Amounts; Outside Expiration Date. A Letter of Credit Issuer The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit and the Agent shall not have any obligation or to provide Credit Support for any Letter of Credit at any time if: (i) the maximum face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrowers in connection with the opening thereof would exceed Availability at such time; or (iii) such Letter of Credit has an expiration date less than thirty (30) days prior to the Stated Termination Date or more than twelve (12) months from the date of issuance for standby letters of credit and 180 one hundred eighty (180) days from the date of issuance for documentary letters of credit; provided that any Letter of Credit issued in connection with the IRBs may have an expiration date of not later than the Termination Date. With respect to any Letter of Credit which contains any "evergreen" or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 1.3 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Salton Inc)

Amounts; Outside Expiration Date. A Letter of Credit Issuer The Administrative Agent shall not have any obligation to issue or cause to be issued any Letter of Credit and the Agent shall not have any obligation or to provide Credit Support for any Letter of Credit at any time if: (i) the maximum face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, fees and charges due from the Borrowers requesting Borrower in connection with the opening thereof would exceed the Availability of such Borrower at such time; or (iii) such Letter of Credit has an expiration date less than thirty (30) 30 days prior to the Stated Termination Date (other than any such Letter of Credit issued at least twelve months prior to the Stated Termination Date which has been extended or renewed in accordance with the terms thereof for a period ending subsequent to the date which is 30 days prior to the Stated Termination Date) or more than twelve (12) 12 months from the date of issuance for standby letters of credit and 180 days from the date of issuance for documentary letters of credit; provided that any Letter of Credit issued in connection with the IRBs may have an expiration date of not later than the Termination Date. With respect to any Letter of Credit which contains any “evergreen” or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, Administrative Agent written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 1.3 1.4 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.

Appears in 1 contract

Samples: Revolving Credit Agreement (Foamex International Inc)

Amounts; Outside Expiration Date. A Letter of Credit Issuer The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit and the Agent shall not have any obligation or to provide Credit Support for any Letter of Credit, nor will any Other Letter of Credit Issuer issue any Letter of Credit, at any time if: (i) the maximum face amount of the requested Letter of Credit, or amount of requested Credit Support, is greater than the Unused Letter of Credit Subfacility at such time; (ii) the issuance of the requested Letter of Credit would cause a violation of the proviso in the second sentence of Section 1.3(a) above; (iii) the maximum undrawn amount of the requested Letter of Credit, or amount of requested Credit and all commissionsSupport, fees, and charges due from the Borrowers in connection with the opening thereof would exceed Availability at such time; or (iiiiv) such Letter of Credit has an expiration date less than thirty (30) 30 days prior to the Stated Termination Date or (without regard to the effect of any "evergreen" or automatic renewal provisions) more than twelve (12) 12 months from the date of issuance for standby letters of credit and 180 days from the date of issuance for documentary letters of credit; provided that any Letter of Credit issued in connection with the IRBs may have an expiration date of not later than the Termination Date. With respect to any Letter of Credit which contains any "evergreen" or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) 30 days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 1.3 are met and no Default or Event of Default has occurred and is continuing, no Lender shall have the right to decline to consent to any such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Saks Inc)

Amounts; Outside Expiration Date. A Letter of Credit Issuer The Administrative Agent shall not have any obligation to issue or cause to be issued any Letter of Credit and the Agent shall not have any obligation or to provide Credit Support for any Letter of Credit at any time if: (i) the maximum face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, fees and charges due from the Borrowers requesting Borrower in connection with the opening thereof would exceed the Availability of such Borrower at such time; or (iii) such Letter of Credit has an expiration date less than thirty (30) 30 days prior to the Stated Termination Date (other than any such Letter of Credit issued at least twelve months prior to the Stated Termination Date which has been extended or renewed in accordance with the terms thereof for a period ending subsequent to the date which is 30 days prior to the Stated Termination Date) or more than twelve (12) 12 months from the date of issuance for standby letters of credit and 180 days from the date of issuance for documentary letters of credit; provided that any Letter of Credit issued in connection with the IRBs may have an expiration date of not later than the Termination Date. With respect to any Letter of Credit which contains any "evergreen" or automatic renewal provision, each Revolving Lender shall be deemed to have consented to any such extension or renewal unless any such Revolving Lender shall have provided to the Agent, Administrative Agent written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 1.3 1.4 are met and no Default or Event of Default has occurred and is continuing, no Revolving Lender shall decline to consent to any such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Foamex International Inc)

Amounts; Outside Expiration Date. A Letter of Credit Issuer shall not have any obligation to issue any Letter of Credit and the Administrative Agent shall not have any obligation or, with respect only to subclauses (i) and (ii) hereof, any authority, to issue or cause to be issued any Letter of Credit or to provide Credit Support for any Letter of Credit at any time if: (i) the maximum face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrowers in connection with the opening thereof would exceed Availability at such time; or (iii) such Letter of Credit has an expiration date less than thirty (30) days prior to the Stated Termination Date or more than twelve (12) months from the date of issuance for standby letters of credit and 180 one hundred eighty (180) days from the date of issuance for documentary letters of credit; provided that any Letter of Credit issued in connection with the IRBs may have an expiration date of not later than the Termination Date. With respect to any Letter of Credit which contains any "evergreen" or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, Administrative Agent written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 1.3 are met and no Default or Event of Default has occurred and is continuing, no Lender shall have the right to decline to consent to any such extension or renewal.

Appears in 1 contract

Samples: Security Agreement (Cone Mills Corp)

Amounts; Outside Expiration Date. A Letter of Credit Issuer The Administrative Agent shall not have any obligation to issue or cause to be issued any Letter of Credit and the Agent shall not have any obligation or to provide Credit Support for any Letter of Credit at any time if: (i) the maximum face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, fees and charges due from the Borrowers requesting Borrower in connection with the opening thereof would exceed the Availability of such Borrower at such time; or (iii) such Letter of Credit has an expiration date less than thirty (30) 30 days prior to the Stated Termination Date (other than any such Letter of Credit issued at least twelve months prior to the Stated Termination Date which has been extended or renewed in accordance with the terms thereof for a period ending subsequent to the date which is 30 days prior to the Stated Termination Date) or more than twelve (12) 12 months from the date of issuance for standby letters of credit and 180 days from the date of issuance for documentary letters of credit; provided that any Letter of Credit issued in connection with the IRBs may have an expiration date of not later than the Termination Date. With respect to any Letter of Credit which contains any "evergreen" or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, Administrative Agent written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 1.3 1.4 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.

Appears in 1 contract

Samples: Possession Credit Agreement (Foamex L P)

Amounts; Outside Expiration Date. A Letter of Credit Issuer shall not have any obligation to issue any Letter of Credit and the Agent shall not have any obligation to provide Credit Support at any time if: (i) the maximum face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrowers in connection with the opening thereof would exceed Availability at such time; or (iii) such Letter of Credit has an expiration date less than thirty (30) 30 days prior to the Stated Termination Date or more than twelve (12) months from the date of issuance for standby letters of credit and 180 days from the date of issuance for documentary letters of credit; provided that any Letter of Credit issued in connection with the IRBs may have an expiration date of not later than the Termination Date. With respect to any Letter of Credit which contains any “evergreen” or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 1.3 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Westlake Chemical Corp)

Amounts; Outside Expiration Date. A Letter of Credit Issuer The Administrative Agent shall not have any obligation to issue or cause to be issued any Letter of Credit and the Agent shall not have any obligation or to provide Credit Support for any Letter of Credit at any time if: (i) the maximum face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrowers in connection with the opening thereof would exceed Availability at such time; or (iii) such Letter of Credit has an expiration date less than thirty (30) 30 days prior to the Stated Termination Date or more than twelve (12) 12 months from the date of issuance for standby letters of credit and 180 days from the date of issuance for documentary letters of credit; provided that and (iv) a Defaulting Lender exists, and such Lender or Borrowers have not entered into arrangements satisfactory to the Administrative Agent to eliminate any Letter of Credit issued in connection funding risk associated with the IRBs may have an expiration date of not later than the Termination DateDefaulting Lender. With respect to any Letter of Credit which contains any “evergreen” or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Administrative Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 1.3 1.4 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Kforce Inc)

Amounts; Outside Expiration Date. A Letter of Credit Issuer The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit and the Agent shall not have any obligation or to provide Credit Support for any Letter of Credit at any time if: (i) the maximum face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (ii) the maximum undrawn face amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrowers in connection with the opening thereof would exceed Availability at such time; or (iii) such Letter of Credit has an expiration date less than thirty (30) 15 days prior to the Stated Termination Date last day of the Original Term or more than twelve (12) 12 months from the date of issuance for of such standby letters Letters of credit and 180 days from the date of issuance for documentary letters of credit; provided that any Letter of Credit issued in connection with the IRBs may have an expiration date of not later than the Termination DateCredit. With respect to any Letter of Credit which contains any "evergreen" or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 1.3 1.2 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.

Appears in 1 contract

Samples: Loan and Security Agreement (Integrated Electrical Services Inc)

Amounts; Outside Expiration Date. A Letter of Credit Issuer The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit and the Agent shall not have any obligation or to provide Credit Support for any Letter of Credit at any time if: (i) the maximum face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrowers Borrower in connection with the opening thereof would exceed Availability at such time; or (iii) such Letter of Credit has an expiration date less than thirty (30) 30 days prior to the Stated Termination Date or more than twelve (12) 12 months from the date of issuance for standby letters of credit and 180 270 days from the date of issuance for documentary letters of credit; provided that any Letter of Credit issued in connection with the IRBs may have an expiration date of not later than the Termination Date. With respect to any Letter of Credit which contains any "evergreen" or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 1.3 1.4 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (3com Corp)

Amounts; Outside Expiration Date. A Letter of Credit Issuer The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit and the Agent shall not have any obligation or to provide Credit Support for any Letter of Credit at any time if: (i) the maximum face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (ii) the maximum undrawn amount Maximum Drawing Amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrowers Borrower in connection with the opening thereof would exceed exceeds Availability at such time; or (iiiii) such Letter of Credit has an expiration date less than thirty (30) days prior to the Stated Termination Date or more than twelve (12) months from the date of issuance for standby letters of credit and 180 one hundred eighty (180) days from the date of issuance for commercial/documentary letters of credit; provided that any or (iii) the relevant Letter of Credit issued is a standby letter of credit securing performance and bonding requirements and, upon issuance of such Letter of Credit, the aggregate undrawn face amount of all Letters of Credit securing performance and bonding requirements as described in connection with this Section 1.3(b)(iii) would exceed the IRBs may have an expiration date of not later than the Termination DateMaximum Revolver Amount. With respect to any Letter of Credit which that contains any “evergreen” or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, Agent written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 1.3 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Alon USA Energy, Inc.)

Amounts; Outside Expiration Date. A Letter of Credit Issuer The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit and the Agent shall not have any obligation or to provide Credit Support for any Letter of Credit at any time if: (i) the maximum face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrowers in connection with the opening thereof would exceed Availability at such time; or (iii) such Letter of Credit has an expiration date less than thirty (30) 30 days prior to the Stated Termination Date or, except as set forth on Schedule 1.3 or as approved by the Letter of Credit Issuer, more than twelve (12) 12 months from the date of issuance for standby letters of credit and 180 days from the date of issuance for documentary letters of credit; provided that any Letter of Credit issued in connection with the IRBs may have an expiration date of not later than the Termination Date. With respect to any Letter of Credit which contains any “evergreen” or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, Agent written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 1.3 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Caraustar Industries Inc)

Amounts; Outside Expiration Date. A Letter of Credit Issuer The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit and the Agent shall not have any obligation or to provide Credit Support for any Letter of Credit at any time if: (i) the maximum face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrowers Borrower in connection with the opening thereof would exceed Availability at such time; or (iii) such Letter of Credit has an expiration date less than thirty (30) 30 days prior to the Stated Termination Date or more than twelve (12) 12 months from the date of issuance for standby letters of credit and 180 days from the date of issuance for documentary letters of credit; provided that any Letter of Credit issued in connection with the IRBs may have an expiration date of not later than the Termination Date. With respect to any Letter of Credit which contains any "evergreen" or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 1.3 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal. Unless otherwise consented to by Agent, all Letters of Credit must call for sight drafts to be drawn, and must be issued in Dollars.

Appears in 1 contract

Samples: Credit Agreement (Central Freight Lines Inc)

Amounts; Outside Expiration Date. A Letter of Credit Issuer The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit and the Agent shall not have any obligation or to provide Credit Support for any Letter of Credit at any time if: (i) the maximum face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrowers Borrower in connection with the opening thereof would cause the Aggregate Revolver Outstandings to exceed Availability the Maximum Revolver Amount at such time; or (iii) such Letter of Credit has an expiration date less than thirty (30) 30 days prior to the Stated Termination Date or more than twelve (12) 12 months from the date of issuance for standby letters of credit and 180 days from the date of issuance for documentary letters of credit; provided that any Letter of Credit issued in connection with the IRBs may have an expiration date of not later than the Termination Date. With respect to any Letter of Credit which contains any "evergreen" or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, Agent written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit, provided, that, no such extension or renewal shall cause the expiration date of such Letter of Credit to extend beyond the 30th day prior to the Stated Termination Date. If all of the requirements of this Section 1.3 1.4 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (PSS World Medical Inc)

Amounts; Outside Expiration Date. A Letter of Credit Issuer The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit and the Agent shall not have any obligation or to provide Credit Support for any Letter of Credit at any time if: (i) the maximum face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrowers in connection with the opening thereof would exceed Availability at such time; or (iii) such Letter of Credit has an expiration date less than thirty (30) 30 days prior to the Stated Termination Date or more than twelve (12) 18 months from the date of issuance for standby letters of credit and 180 365 days from the date of issuance for documentary letters of credit; provided that or (iv) in the case of any Letters of Credit to be issued for the benefit of any Affiliate of the Borrowers, the aggregate undrawn face amount of all such Letters of Credit issued for the benefit of Affiliates of Borrowers together with the face amount of the requested Letter of Credit issued does not exceed in connection with the IRBs may have an expiration date aggregate the sum of not later than the Termination Date$2,000,000. With respect to any Letter of Credit which contains any "evergreen" or automatic renewal provision, each no Lender shall be deemed to have consented to any such extension or renewal unless any such Lender Required Lenders shall have provided to the Agent, written notice that it declines Lenders agree to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 1.3 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Unova Inc)

Amounts; Outside Expiration Date. A Letter of Credit Issuer The Administrative Agent shall not have any obligation to issue or cause to be issued any Letter of Credit and the Agent shall not have any obligation or to provide Credit Support for any Letter of Credit at any time if: (i) the maximum face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrowers in connection with the opening thereof would exceed Availability at such time; or (iii) such Letter of Credit has an expiration date less than thirty (30) 30 days prior to the Stated Termination Date or more than twelve (12) 12 months from the date of issuance for standby letters of credit and 180 days from the date of issuance for documentary letters of credit; provided that any Letter of Credit issued in connection with the IRBs may have an expiration date of not later than the Termination Date. With respect to any Letter of Credit which contains any “evergreen” or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Administrative Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 1.3 1.4 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Kforce Inc)

Amounts; Outside Expiration Date. A Letter of Credit Issuer The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit and the Agent shall not have any obligation or to provide Credit Support for any Letter of Credit at any time if: (i) the maximum face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrowers in connection with the opening thereof would exceed the Availability at such time; time or (iii) such Letter of Credit has an expiration date less than thirty (30) 30 days prior to the Stated Termination Date or more than twelve (12) 12 months from the date of issuance for standby letters of credit and 180 days from the date of issuance for documentary letters of credit; provided that any Letter of Credit issued in connection with the IRBs may have an expiration date of not later than the Termination Date. With respect to any Letter of Credit which contains any “evergreen” or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Revolving Credit Lender shall have provided to the Agent, Agent written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 1.3 1.4 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Fleetwood Enterprises Inc/De/)

Amounts; Outside Expiration Date. A Letter of Credit Issuer The Agent and Lenders shall not have any obligation to issue any Letter of Credit and the Agent shall not have any obligation to provide Credit Support at any time if: if (i) the maximum face available amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (ii) the maximum undrawn available amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrowers requesting Borrower in connection with the opening thereof (to the extent such commissions, fees and charges are not paid in cash prior to or at the time of the opening thereof) would exceed Availability at such time; or (iii) such Letter of Credit has an expiration date less than thirty (30inclusive of any acceptance period) days on or after the third Business Day prior to the Stated Termination Date or more than twelve (12) 12 months from the date of issuance issuance; for standby letters the avoidance of credit and 180 days from doubt, this provision does not apply to any “evergreen” or automatic renewal provision; provided, however, no such automatic renewal shall extend beyond the date of issuance for documentary letters of credit; provided that any Letter of Credit issued in connection with the IRBs may have an expiration date of not later than the Stated Termination Date. With respect to any Letter of Credit which contains any “evergreen” or automatic renewal provision, each Lender Lenders shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, Agent written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter Agent on behalf of Credit Issuer the Lenders (each as to its Pro Rata Share) is entitled to decline to extend or renew the such Letter of Credit. If all of the requirements of this Section 1.3 are met and no Default or Event of Default has occurred and is continuing, no applicable Lender shall decline to consent to any such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Johnstone Tank Trucking Ltd.)

Amounts; Outside Expiration Date. A Letter of Credit Issuer The Administrative Agent shall not have any obligation to issue or cause to be issued any Letter of Credit and the Agent shall not have any obligation or to provide Credit Support for any Letter of Credit at any time if: (i) the maximum face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrowers in connection with the opening thereof would exceed Availability at such time; or (iii) such Letter of Credit has an expiration date less than thirty (30) 30 days prior to the Stated Termination Date or more than twelve (12) 12 months from the date of issuance for standby letters of credit and 180 days from the date of issuance for documentary letters of credit; provided that or (iv) a Defaulting Lender exists, and such Lender or Borrowers have not entered into arrangements satisfactory to the Administrative Agent to eliminate any Letter of Credit issued Fronting Exposure associated with such Defaulting Lender in connection accordance with the IRBs may have an expiration date of not later than the Termination DateSection 1.4(g), Section 12.15(c), or otherwise. With respect to any Letter of Credit which contains any “evergreen” or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Administrative Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 1.3 1.4 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Kforce Inc)

Amounts; Outside Expiration Date. A Letter of Credit Issuer shall not have any obligation to issue any Letter of Credit and the The Administrative Agent shall not have any obligation to (and solely in the case of clause (ii) below, the Administrative Agent shall not without the prior written consent of the Majority Term Lenders if the Administrative Agent has actual knowledge that such clause (iii) would be violated) issue or cause to be issued any Letter of Credit or to provide Credit Support for any Letter of Credit at any time if: (i) the maximum face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, fees and charges due from the Borrowers requesting Borrower in connection with the opening thereof would exceed the Availability of such Borrower at such time; or (iii) such Letter of Credit has an expiration date less than thirty (30) 30 days prior to the Stated Termination Date or more than twelve (12) 12 months from the date of issuance for standby letters of credit and 180 days from the date of issuance for documentary letters of credit; provided that any Letter of Credit issued in connection with the IRBs may have an expiration date of not later than the Termination Date. With respect to any Letter of Credit which contains any “evergreen” or automatic renewal provision, each Revolving Lender shall be deemed to have consented to any such extension or renewal unless any such Revolving Lender shall have provided to the Administrative Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 1.3 1.4 are met and no Default or Event of Default has occurred and is continuing, no Revolving Lender shall decline to consent to any such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Manufacturers Services LTD)

Amounts; Outside Expiration Date. A Letter of Credit Issuer The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit and the Agent shall not have any obligation or to provide Credit Support for any Letter of Credit at any time if: (i) the maximum face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrowers in connection with the opening thereof would exceed Availability at such time; or (iii) such Letter of Credit has an expiration date less than thirty five (305) days prior to the Stated Termination Date or more than twelve (12) 12 months from the date of issuance for standby letters of credit and 180 days from the date of issuance for documentary letters of credit; (provided that any Letter of Credit issued with a 12-month tenor may provide for the renewal thereof for additional 12-month periods, which shall in connection with no event extend beyond five (5) days prior to the IRBs may have an expiration date of not later than the Stated Termination Date). With respect to any Letter of Credit which contains any “evergreen” or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 1.3 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Omnova Solutions Inc)

Amounts; Outside Expiration Date. A Letter of Credit Issuer The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit and the Agent shall not have any obligation or to provide Credit Support for any Letter of Credit at any time if: (i) the maximum face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrowers in connection with the opening thereof would exceed Availability at such time; or (iii) such Letter of Credit has an expiration date less than thirty (30) 30 days prior to the Stated Termination Date or, except as set forth on Schedule 1.4 or as approved by the Letter of Credit Issuer, more than twelve (12) 12 months from the date of issuance for standby letters of credit and 180 days from the date of issuance for documentary letters of credit; provided that any Letter of Credit issued in connection with the IRBs may have an expiration date of not later than the Termination Date. With respect to any Letter of Credit which contains any “evergreen” or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, Agent written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 1.3 1.4 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Caraustar Industries Inc)

Amounts; Outside Expiration Date. A Letter of Credit Issuer The Agent shall -------------------------------- not have any obligation issue or cause to issue be issued any Letter of Credit and the Agent shall not have any obligation or to provide Credit Support for any Letter of Credit at any time if: (i) the maximum face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrowers relevant Borrower in connection with the opening thereof would exceed Availability at such time; or (iii) such Letter of Credit has an expiration date less than thirty (30) 30 days prior to the Stated Termination Date or more than twelve (12) 12 months from the date of issuance for standby letters of credit and 180 days from the date of issuance for documentary letters of credit; provided that any Letter of Credit issued in connection with the IRBs may have an expiration date of not later than the Termination Date. With respect to any Letter of Credit which contains any "evergreen" or automatic renewal provision, and subject to the satisfaction of the other conditions of this Section 1.4, each Lender ----------- shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 1.3 1.4 are met and no Default or Event of Default has occurred ----------- and is continuing, no Lender shall decline to consent to any such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Mail Well Inc)

Amounts; Outside Expiration Date. A Letter of Credit Issuer The Agent shall not have any obligation -------------------------------- issue or cause to issue be issued any Letter of Credit and the Agent shall not have any obligation or to provide Credit Support for any Letter of Credit at any time if: (i) the maximum face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrowers relevant Borrower in connection with the opening thereof would exceed Availability at such time; or (iii) such Letter of Credit has an expiration date less than thirty (30) 30 days prior to the Stated Termination Date or more than twelve (12) 12 months from the date of issuance for standby letters of credit and 180 days from the date of issuance for documentary letters of credit; provided that any Letter of Credit issued in connection with the IRBs may have an expiration date of not later than the Termination Date. With respect to any Letter of Credit which contains any "evergreen" or automatic renewal provision, and subject to the satisfaction of the other conditions of this Section 1.4, each Lender ----------- shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) 30 days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 1.3 1.4 are met and no Default or Event of Default has occurred and is ----------- continuing, no Lender shall decline to consent to any such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Mail Well Inc)

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Amounts; Outside Expiration Date. A Letter of Credit Issuer The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit and the Agent shall not have any obligation or to provide Credit Support for any Letter of Credit at any time if: (i) the maximum face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrowers in connection with the opening thereof would exceed Availability at such time; or (iii) such Letter of Credit has an expiration date less than thirty (30) 30 days prior to the Stated Termination Date or more than twelve (12) 12 months from the date of issuance for standby letters of credit and 180 days from the date of issuance for documentary letters of credit; provided that any Letter of Credit issued in connection with the IRBs may have an expiration date of not later than the Termination Date. With respect to any Letter of Credit which contains any “evergreen” or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 1.3 1.4 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (MWI Veterinary Supply, Inc.)

Amounts; Outside Expiration Date. A Letter of Credit Issuer The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit and the Agent shall not have any obligation or to provide Credit Support for any Letter of Credit at any time if: (i) the maximum face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrowers Borrower in connection with the opening thereof would exceed Availability at such time; or (iii) such Letter of Credit has an expiration date less later than thirty (30) days prior to the Stated Termination Date or more than twelve (12) 12 months from the date of issuance for standby letters of credit and 180 days from the date of issuance for documentary letters of credit; provided that any Letter of Credit issued in connection with the IRBs may have an expiration date of not later than the Termination Date. With respect to any Letter of Credit which contains any "evergreen" or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 1.3 SECTION 1.4 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Acg Holdings Inc)

Amounts; Outside Expiration Date. A Letter of Credit Issuer The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit and the Agent shall not have any obligation or to provide Credit Support for any Letter of Credit, nor will any Other Letter of Credit Issuer issue any Letter of Credit, at any time if: (i) the maximum face amount of the requested Letter of Credit or amount of requested Credit Support is greater than the Unused Letter of Credit Subfacility at such time; (ii) the issuance of the requested Letter of Credit would cause a violation of the proviso in the second sentence of Section 1.3(a) above; (iii) the maximum undrawn amount of the requested Letter of Credit, or the amount of requested Credit and all commissionsSupport, fees, and charges due from the Borrowers in connection with the opening thereof would exceed Availability at such time; or (iiiiv) such Letter of Credit has an expiration date less than thirty (30) 30 days prior to the Stated Termination Date or (without regard to the effect of any “evergreen” or automatic renewal provisions) more than twelve (12) 12 months from the date of issuance for standby letters of credit and 180 210 days (or such longer period as the Agent, in its reasonable discretion, determines) from the date of issuance for documentary letters of credit; provided that any Letter of Credit issued in connection with the IRBs may have an expiration date of not later than the Termination Date. With respect to any Letter of Credit which contains any “evergreen” or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) 30 days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If Notwithstanding the immediately preceding sentence, if all of the requirements of this Section 1.3 are met and no Default or Event of Default has occurred and is continuing, no Lender shall have the right to decline to consent to any such extension or renewalrenewal described in the immediately preceding sentence.

Appears in 1 contract

Samples: Credit Agreement (Saks Inc)

Amounts; Outside Expiration Date. A Letter of Credit Issuer The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit and the Agent shall not have any obligation or to provide Credit Support for any Letter of Credit at any time if: (i) the maximum face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrowers in connection with the opening thereof would exceed Availability at such time; or (iii) such Letter of Credit has an expiration date less than thirty (30) days prior to the Stated Termination Date or more than twelve (12) months from the date of issuance for standby letters of credit and 180 one hundred eighty (180) days from the date of issuance for documentary letters of credit; provided that any Letter of Credit issued in connection with the IRBs may have an expiration date of not later than the Termination Date. With respect to any Letter of Credit which contains any "evergreen" or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section SECTION 1.3 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Levi Strauss & Co)

Amounts; Outside Expiration Date. A Letter of Credit Issuer The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit and the Agent shall not have any obligation or to provide Credit Support for any Letter of Credit at any time if: (i) the maximum face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrowers Borrower in connection with the opening thereof would exceed Availability at such time; or (iii) such Letter of Credit has an expiration date less than thirty (30) 30 days prior to the Stated Termination Date or more than twelve (12) 12 months from the date of issuance for standby letters of credit and 180 days from the date of issuance for documentary letters of credit; provided that any Letter of Credit issued in connection with the IRBs may have an expiration date of not later than the Termination Date. With respect to any Letter of Credit which contains any "evergreen" or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 1.3 1.4 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Anchor Holdings Inc)

Amounts; Outside Expiration Date. A Letter of Credit Issuer The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit and the Agent shall not have any obligation or to provide Credit Support for any Letter of Credit at any time if: (i) the maximum face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrowers in connection with the opening thereof would exceed Availability at such time; or (iii) such Letter of Credit has an expiration date less than thirty fifteen (3015) days prior to the Stated Termination Date or more than twelve (12) months from the date of issuance for standby letters of credit and 180 days or more than six (6) months from the date of issuance for documentary letters of credit; provided that any Letter of Credit issued in connection with the IRBs may have an expiration date of not later than the Termination Date. With respect to any Letter of Credit which contains any “evergreen” or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, Agent written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 1.3 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Salton Inc)

Amounts; Outside Expiration Date. A Letter of Credit Issuer The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit and the Agent shall not have any obligation or to provide Credit Support for any Letter of Credit at any time if: (i) the maximum face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrowers Borrower in connection with the opening thereof would exceed Availability at such time; or (iii) such Letter of Credit has an expiration date less than thirty fifteen (3015) days prior to the Stated Termination Date or more than twelve (12) months from the date of issuance for standby letters of credit and 180 days or more than six (6) months from the date of issuance for documentary letters of credit; provided that any Letter of Credit issued in connection with the IRBs may have an expiration date of not later than the Termination Date. With respect to any Letter of Credit which contains any “evergreen” or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, Agent written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 1.3 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Applica Inc)

Amounts; Outside Expiration Date. A Letter of Credit Issuer The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit and the Agent shall not have any obligation or to provide Credit Support for any Letter of Credit at any time if: (i) the maximum face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (ii) the maximum undrawn face amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrowers in connection with the opening thereof would exceed Availability at such time; or (iii) such Letter of Credit has an expiration date less than thirty (30) 15 days prior to the Stated Termination Date last day of the Original Term or more than twelve (12) 12 months from the date of issuance for of such standby letters Letters of credit and 180 days from the date of issuance for documentary letters of credit; provided that any Letter of Credit issued in connection with the IRBs may have an expiration date of not later than the Termination DateCredit. With respect to any Letter of Credit which contains any “evergreen” or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 1.3 1.2 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.

Appears in 1 contract

Samples: Loan and Security Agreement (Integrated Electrical Services Inc)

Amounts; Outside Expiration Date. A Letter of Credit Issuer The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit and the Agent shall not have any obligation or to provide Credit Support for any Letter of Credit at any time if: (i) the maximum face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrowers in connection with the opening thereof would exceed Availability at such time; or (iii) such Letter of Credit has an expiration date less than thirty (30) 30 days prior to the Stated Termination Date or more than twelve (12) months from the date of issuance for standby letters of credit and 180 days from the date of issuance for documentary letters of credit; provided that any Letter of Credit issued in connection with the IRBs IRB may have an expiration date of not later than the Termination Date. With respect to any Letter of Credit which contains any "evergreen" or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section SECTION 1.3 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (North American Pipe Corp)

Amounts; Outside Expiration Date. A Letter of Credit Issuer shall not have any obligation to issue any Letter of Credit and the The Agent shall not have any -------------------------------- obligation to issue or cause to be issued any Letter of Credit or to provide Credit Support for any Letter of Credit at any time if: (i) the maximum face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrowers Borrower in connection with the opening thereof would exceed Availability at such time; or (iii) such Letter of Credit has an expiration date less than thirty (30) 30 days prior to the Stated Termination Date or more than twelve (12) 12 months from the date of issuance for standby letters of credit and 180 days from the date of issuance for documentary letters of credit; provided that any Letter of Credit issued in connection with the IRBs may have an expiration date of not later than the Termination Date. With respect to any Letter of Credit which contains any "evergreen" or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 1.3 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Coorstek Inc)

Amounts; Outside Expiration Date. A Letter of Credit Issuer The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit and the Agent shall not have any obligation or to provide Credit Support for any Letter of Credit at any time if: (i) the maximum face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrowers Borrower in connection with the opening thereof would exceed Availability at such time; or (iii) such Letter of Credit has an expiration date less than thirty five (305) days prior to the Stated Termination Date or more than twelve (12) 12 months from the date of issuance for standby letters of credit and 180 days from the date of issuance for documentary letters of credit; (provided that any Letter of Credit issued with a 12-month tenor may provide for the renewal thereof for additional 12-month periods, which shall in connection with no event extend beyond five (5) days prior to the IRBs may have an expiration date of not later than the Stated Termination Date). With respect to any Letter of Credit which contains any “evergreen” or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 1.3 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.this

Appears in 1 contract

Samples: Credit Agreement (Omnova Solutions Inc)

Amounts; Outside Expiration Date. A Letter of Credit Issuer The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit and the Agent shall not have any obligation or to provide Credit Support for any Letter of Credit at any time if: (i) the maximum face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrowers Borrower in connection with the opening thereof would exceed Availability at such time; or (iii) such Letter of Credit has an expiration date less than thirty (30) 15 days prior to the Stated Termination Date or more than twelve (12) 12 months from the date of issuance for standby letters of credit and 180 days or more than 6 months from the date of issuance for documentary letters of credit; provided that any Letter of Credit issued in connection with the IRBs may have an expiration date of not later than the Termination Date. With respect to any Letter of Credit which contains any "evergreen" or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 1.3 1.4 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Applica Inc)

Amounts; Outside Expiration Date. A Letter of Credit Issuer The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit and the Agent shall not have any obligation or to provide Credit Support for any Letter of Credit at any time if: (i) the maximum face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrowers in connection with the opening thereof would exceed Excess Availability at such time; or (iii) such Letter of Credit has an expiration date less than thirty (30) days prior to the Stated Termination Date or more than twelve (12) months from the date of issuance for standby letters of credit and 180 one hundred eighty (180) days from the date of issuance for documentary letters of credit; provided that any Letter of Credit issued in connection with the IRBs may have an expiration date of not later than the Termination Date. With respect to any Letter of Credit which contains any "evergreen" or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section SECTION 1.3 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Andrx Corp /De/)

Amounts; Outside Expiration Date. A Letter of Credit Issuer The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit and the Agent shall not have any obligation or to provide Credit Support for any Letter of Credit at any time if: (i) the maximum face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (ii) subject to the second sentence of Section 1.2(a)(i), the maximum undrawn face amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrowers in connection with the opening thereof would exceed Availability at such time; or (iii) such Letter of Credit has an expiration date less than thirty (30) days 5 Business Days prior to the Stated Termination Date or more than twelve (12) 12 months from the date of issuance for standby letters of credit (although any such Letter of Credit may provide for automatic extensions of its expiration date for one or more successive 12 month periods provided that the Letter of Credit Issuer has the right to terminate such Letter of Credit on each such annual expiration date and no renewal term may extend the final expiration date to a date later than the fifth Business Day prior to the Stated Termination Date) and 180 days from the date of issuance for documentary letters of credit; provided that any Letter of Credit issued in connection with the IRBs may have an expiration date of not later than the Termination Date. With respect to any Letter of Credit which contains any "evergreen" or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 1.3 1.4 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Owens Corning)

Amounts; Outside Expiration Date. A Letter of Credit Issuer The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit and the Agent shall not have any obligation or to provide Credit Support for any Letter of Credit at any time if: (i) the maximum face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrowers Borrower in connection with the opening thereof would exceed Availability at such time; or (iii) such Letter of Credit has an expiration date less than thirty (30) 30 days prior to the Stated Termination Date or more than twelve (12) 12 months from the date of issuance for standby letters of credit and 180 days from the date of issuance for documentary letters of credit; provided that any Letter of Credit issued in connection with the IRBs may have an expiration date of not later than the Termination Date. With respect to any Letter of Credit which contains any "evergreen" or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal (except any such extension or renewal beyond the Termination Date) unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 1.3 SECTION 1.4 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Packaged Ice Inc)

Amounts; Outside Expiration Date. A Letter of Credit Issuer The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit and the Agent shall not have any obligation to provide Credit Support at any time if: (i) the maximum face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrowers in connection with the opening thereof would exceed Availability at such time; or (iii) such Letter of Credit has an expiration date less than thirty (30) 30 days prior to the Stated Termination Date or more than twelve (12) 12 months from the date of issuance for standby letters of credit and 180 days from the date of issuance for documentary letters of credit; provided that any Letter of Credit issued in connection with the IRBs may have an expiration date of not later than the Termination Date. With respect to any Letter of Credit which contains any “evergreen” or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, Agent written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit; provided, that, no such extension or renewal shall cause the expiration date of such Letter of Credit to extend beyond the 30th day prior to the Stated Termination Date. If all of the requirements of this Section 1.3 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.

Appears in 1 contract

Samples: Credit and Security Agreement (PSS World Medical Inc)

Amounts; Outside Expiration Date. A Letter of Credit Issuer The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit and the Agent shall not have any obligation or to provide Credit Support for any Letter of Credit at any time if: (i) the maximum face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (ii) the maximum undrawn amount of the requested Letter of Credit by the Funds Administrator on behalf of any Borrower and all commissions, fees, and charges due from the Borrowers such Borrower in connection with the opening thereof would exceed either (A) the applicable Availability of Garlock Sealing or the Excess Collateral Providers, as applicable, ox (X) Xggregate Availability at such time; or (iii) such Letter of Credit has an expiration date less than thirty (30) 30 days prior to the Stated Termination Date or more than twelve (12) 12 months from the date of issuance for standby letters of credit and 180 days from the date of issuance for documentary letters of credit; provided that any Letter of Credit issued in connection with the IRBs may have an expiration date of not later than the Termination Date. With respect to any Letter of Credit which contains any "evergreen" or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 1.3 1.4 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Enpro Industries Inc)

Amounts; Outside Expiration Date. A Letter of Credit Issuer The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit and the Agent shall not have any obligation or to provide Credit Support for any Letter of Credit at any time if: (i) the maximum face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrowers Borrower in connection with the opening thereof would (when taken together with all Obligations) exceed Availability at such time; or (iii) such Letter of Credit has an expiration date less than thirty (30) 30 days prior to the Stated Termination Date or more than twelve (12) 12 months from the date of issuance for standby letters of credit and 180 days from the date of issuance 12 months for documentary letters of credit; provided that any Letter of Credit issued in connection with the IRBs may have an expiration date of not later than the Termination Date. With respect to any Letter of Credit which contains any "evergreen" or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 1.3 1.4 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Gfsi Inc)

Amounts; Outside Expiration Date. A Letter of Credit Issuer The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit and the Agent shall not have any obligation or to provide Credit Support for any Letter of Credit, nor will any Other Letter of Credit Issuer issue any Letter of Credit, at any time if: (i) the maximum face amount of the requested Letter of Credit or amount of requested Credit Support is greater than the Unused Letter of Credit Subfacility at such time; (ii) the issuance of the requested Letter of Credit would cause a violation of the proviso in the second sentence of Section 1.3(a) above; (iii) the maximum undrawn amount of the requested Letter of Credit, or the amount of requested Credit and all commissionsSupport, fees, and charges due from the Borrowers in connection with the opening thereof would exceed Availability at such time; or (iiiiv) such Letter of Credit has an expiration date less than thirty (30) 30 days prior to the Stated Termination Date or (without regard to the effect of any “evergreen” or automatic renewal provisions) more than twelve (12) 12 months from the date of issuance for standby letters of credit and 180 days (or such longer period as the Agent, in its discretion, determines) from the date of issuance for documentary letters of credit; provided that any Letter of Credit issued in connection with the IRBs may have an expiration date of not later than the Termination Date. With respect to any Letter of Credit which contains any “evergreen” or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) 30 days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 1.3 are met and no Default or Event of Default has occurred and is continuing, no Lender shall have the right to decline to consent to any such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Saks Inc)

Amounts; Outside Expiration Date. A Letter of Credit Issuer The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit and the Agent shall not have any obligation or to provide Credit Support for any Letter of Credit at any time if: (i) the maximum face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrowers Borrower in connection with the opening thereof would exceed Availability at such time; or (iii) such Letter of Credit has an expiration date less than thirty (30) 15 days prior to the Stated Termination Date or more than twelve (12) 12 months from the date of issuance for standby letters of credit and 180 days or more than 6 months from the date of issuance for documentary letters of credit; provided that any Letter of Credit issued in connection with the IRBs may have an expiration date of not later than the Termination Date. With respect to any Letter of Credit which contains any "evergreen" or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 1.3 SECTION 1.4 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Applica Inc)

Amounts; Outside Expiration Date. A Letter of Credit Issuer The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit and the Agent shall not have any obligation or to provide Credit Support for any Letter of Credit at any time if: (i) the maximum face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (ii) the maximum undrawn amount Maximum Drawing Amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrowers Borrower in connection with the opening thereof would exceed exceeds Availability at such time; or (iiiii) such Letter of Credit has an expiration date less than thirty (30) days prior to the Stated Termination Date or more than twelve (12) months from the date of issuance for standby letters of credit and 180 one hundred eighty (180) days from the date of issuance for documentary letters of credit; provided that any or (iii) the relevant Letter of Credit issued is a standby letter of credit securing performance and bonding requirements and, upon issuance of such Letter of Credit, the aggregate undrawn face amount of all Letters of Credit securing performance and bonding requirements as described in connection with the IRBs may have an expiration date of not later than the Termination Datethis Section 1.3(b)(iii) would exceed Fifteen Million Dollars ($15,000,000). With respect to any Letter of Credit which contains any “evergreen” or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, Agent written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 1.3 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Alon USA Energy, Inc.)

Amounts; Outside Expiration Date. A Letter of Credit Issuer The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit and the Agent shall not have any obligation or to provide Credit Support for any Letter of Credit at any time if: (i) the maximum face amount of the requested Letter of Credit is greater than the Unused Letter of Credit Subfacility at such time; (ii) the maximum undrawn amount of the requested Letter of Credit and all commissions, fees, and charges due from the Borrowers Borrower in connection with the opening thereof would exceed Availability at such time; or (iii) such Letter of Credit has an expiration date less than thirty (30) days prior to the Stated Termination Date or more than twelve (12) months from the date of issuance for standby letters of credit and 180 one hundred and eighty (180) days from the date of issuance for documentary letters of credit; provided that any Letter of Credit issued in connection with the IRBs may have an expiration date of not later than the Termination Date. With respect to any Letter of Credit which contains any "evergreen" or automatic renewal provision, each Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the Agent, written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew the Letter of Credit. If all of the requirements of this Section 1.3 1.4 (Letters of Credit) are met and no Default or Event of Default has occurred and is continuingoccurred, no Lender shall decline to consent to any such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Weston Roy F Inc)

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