AVAILABILITY; PROCEDURE Clause Samples

AVAILABILITY; PROCEDURE. (i) The Borrower may request the Letter of Credit Issuer to issue standby letters of credit (the "Letters of Credit"; each, individually, a "Letter of Credit") during the period from the Third Restatement Date to the tenth Business Day prior to the Tranche A Maturity Date, provided that immediately after the issuance of each Letter of Credit the Letter of Credit Exposure of all Tranche A Lenders would not exceed the Letter of Credit Commitment and the Aggregate Tranche A Exposure would not exceed the Aggregate Tranche A Commitments. To request the issuance of a Letter of Credit, the Borrower shall notify the Administrative Agent and the Letter of Credit Issuer by the delivery of a Credit Request, which shall be sent by facsimile and shall be irrevocable (confirmed promptly, and in any event within five Business Days, by the delivery to the Administrative Agent of a Credit Request manually signed by the Borrower), at least three Business Days prior to the requested date of issuance, specifying (A) the beneficiary of such Letter of Credit, (B) the Borrower's proposal as to the conditions under which a drawing may be made under such Letter of Credit and the documentation to be required in respect thereof, (C) the maximum amount to be available under such Letter of Credit, and (D) the requested dates of issuance and expiration. Such Credit Request shall be accompanied by a duly completed application for such Letter of Credit on such forms as may be made available from time to time by the Letter of Credit Issuer and such other certificates, documents (including a reimbursement agreement) and other information as may be required by the Letter of Credit Issuer in accordance with its customary procedures (collectively, the "Letter of Credit Documentation"). Upon receipt of such Credit Request from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Subject to the satisfaction of the terms and conditions of this Agreement, the Letter of Credit Issuer shall issue each requested Letter of Credit. In the event of any conflict between the provisions of this Agreement and any Letter of Credit Documentation, the provisions of this Agreement shall control.