Common use of Commitment to Issue Letters of Credit Clause in Contracts

Commitment to Issue Letters of Credit. Subject to the terms and conditions hereof and the execution and delivery by the Borrower of a letter of credit application on BKB's customary form (a "Letter of Credit Application"), BKB on behalf of the Banks and in reliance upon the agreement of the Banks set forth in Section 5.1.4 and upon the representations and warranties of the Borrower contained herein, agrees, in its individual capacity, to issue, extend and renew for the account of the Borrower one or more standby letters of credit (individually, a "Letter of Credit"), in such form as may be requested from time to time by the Borrower and agreed to by BKB; PROVIDED, HOWEVER, that, after giving effect to such request, (a) the sum of the aggregate Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not exceed $5,000,000 at any one time and (b) the sum of the aggregate Maximum Drawing Amount and all Unpaid Reimbursement Obligations PLUS the Outstanding amount of the Revolving Credit Loans shall not, at any time, exceed the Total Revolving Credit Commitment. The letters of credit issued by BKB under the Existing Credit Agreement, a list of which is attached hereto as SCHEDULE 5.1.1, shall be Letters of Credit under this Credit Agreement.

Commitment to Issue Letters of Credit. Subject to the terms and conditions hereof and the execution and delivery by the Borrower Borrowers of a letter of credit application on BKB's the Issuing Bank’s customary form (a "“Letter of Credit Application"”), BKB the Issuing Bank on behalf of the Banks Revolving Credit Lenders and in reliance upon the agreement of the Banks such Lenders set forth in Section 5.1.4 5.1.5 and upon the representations and warranties of the Borrower Borrowers contained herein, agrees, in its individual capacity, agrees to issue, extend and renew for the account of the Borrower Borrowers one or more standby letters of credit (individually, a "Letter New Letters of Credit"), in such form as may be requested from time to time by one of the Borrower Borrowers and agreed to by BKBthe Issuing Bank; PROVIDEDand the Administrative Agent (if different than the Issuing Bank) shall, HOWEVERon behalf of the Revolving Credit Lenders and in reliance upon the agreement of such Lenders set forth in Section 5.1.5 and upon the representations and warranties of the Borrowers contained herein, thatagrees to enter into an LC Guaranty to support the Reimbursement Obligations of the Borrowers with respect to all Letters of Credit outstanding from time to time (an “LC Guaranty”); provided, however, that after giving effect to such request, (ai) the sum of the aggregate Maximum Drawing Amount on all New Letters of Credit and all Unpaid Reimbursement Obligations with respect to New Letters of Credit shall not exceed $5,000,000 10,000,000 at any one time time, and (bii) the sum of the aggregate Maximum Drawing Amount and all Unpaid Reimbursement Obligations PLUS the Outstanding amount of Revolving Exposure shall not exceed the Revolving Credit Loans shall not, Limit at any such time, exceed the Total Revolving Credit Commitment. The letters of credit issued by BKB under the Existing Credit Agreement, a list of which is attached hereto as SCHEDULE 5.1.1, shall be Letters of Credit under this Credit Agreement.

Commitment to Issue Letters of Credit. Subject to the terms and conditions hereof and the execution and delivery by the Borrower Borrowers of a letter of credit application on BKB's the Issuing Bank’s customary form (a "“Letter of Credit Application"”), BKB the Issuing Bank on behalf of the Banks Revolving Credit Lenders and in reliance upon the agreement of the Banks such Lenders set forth in Section 5.1.4 and upon the representations and warranties of the Borrower Borrowers contained herein, agrees, in its individual capacity, agrees to issue, extend and renew for the account of the Borrower Borrowers one or more standby letters of credit (individually, a "Letter Letters of Credit"), in such form as may be requested from time to time by one of the Borrower Borrowers and agreed to by BKBthe Issuing Bank; PROVIDEDand the Administrative Agent (if different than the Issuing Bank) shall, HOWEVERon behalf of the Revolving Credit Lenders and in reliance upon the agreement of such Lenders set forth in Section 5.1.4 and upon the representations and warranties of the Borrowers contained herein, thatagrees to enter into an LC Guaranty to support the Reimbursement Obligations of the Borrowers with respect to Letters of Credit requested by a Borrower (an “LC Guaranty”); provided, however, that after giving effect to such request, (ai) the sum of the aggregate Maximum Drawing Amount on all Letters of Credit and all Unpaid Reimbursement Obligations Obligations, plus the aggregate amount available to be drawn under the Existing Letter of Credit, shall not exceed $5,000,000 50,000,000 at any one time and (bii) the sum of the aggregate Maximum Drawing Amount and all Unpaid Reimbursement Obligations PLUS the Outstanding amount of Revolving Exposure shall not exceed the Revolving Credit Loans shall not, Limit at any such time, exceed the Total Revolving Credit Commitment. The letters of credit issued by BKB under the Existing Credit Agreement, a list of which is attached hereto as SCHEDULE 5.1.1, shall be Letters of Credit under this Credit Agreement.

Commitment to Issue Letters of Credit. Subject to the terms and conditions hereof and the execution and delivery by the Borrower Borrowers of a letter of credit application on BKBthe Issuing Bank's customary form (a "Letter of Credit Application"), BKB on behalf of ) the Banks and Issuing Bank in reliance upon the agreement of the Banks set forth in Section 5.1.4 SECTION 3.1.4 and upon the representations and warranties of the Borrower Borrowers contained herein, agrees, in its individual capacity, agrees to issue, extend and renew for the account of the Borrower Borrowers from time to time from the Closing Date to the date which is fourteen (14) Business Days prior to the Maturity Date one or more standby letters of credit (each, individually, a "Letter of Credit"), in such form as may be requested from time to time by the Borrower Borrowers and agreed to by BKBthe Issuing Bank; PROVIDEDprovided, HOWEVERhowever, that, after giving effect to such request, (a) the sum of the aggregate Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not exceed Twenty Million Dollars ($5,000,000 20,000,000) at any one time and time, (b) the sum of (i) the aggregate Maximum Drawing Amount and Amount, (ii) all Unpaid Reimbursement Obligations PLUS Obligations, and (iii) the Outstanding amount of the Revolving Credit all Loans Outstanding shall not, at any time, not exceed the Total Revolving Credit Commitment. The letters of credit issued by BKB under Commitment or, if less the Existing Credit Agreement, a list of amount to which is attached hereto the Borrowers' secured Obligations are limited as SCHEDULE 5.1.1, shall be Letters of Credit under this Credit Agreementset forth in the proviso contained in SECTION 6 hereof and (c) the Borrowers are in compliance with the covenant contained in SECTION 10.4 hereof.

Commitment to Issue Letters of Credit. Subject to the terms and conditions hereof and the execution and delivery by the Borrower of a letter of credit application on BKBthe Agent's customary form (a "Letter of Credit Application"), BKB the Agent on behalf of the Banks and in reliance upon the agreement of the Banks set forth in Section 5.1.4 §4.1.4 and upon the representations and warranties of the Borrower contained herein, agrees, in its individual capacity, at any time and from time to time from the Closing Date to the date which is thirty (30) days prior to the Maturity Date, to issue, extend and renew for the account of the Borrower one or more standby or documentary letters of credit (individually, a "Letter of Credit")) denominated in Dollars, in such form as may be requested from time to time by the Borrower and agreed to by BKBthe Agent; PROVIDEDprovided, HOWEVERhowever, that, after giving effect to such request, (a) the sum of the aggregate Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not exceed $5,000,000 at any one time and (b) the sum of (i) the aggregate Maximum Drawing Amount and of all Letters of Credit, (ii) all Unpaid Reimbursement Obligations PLUS Obligations, and (iii) the Outstanding Dollar Equivalent of the amount of the Revolving Credit all Loans outstanding shall not, at any time, not exceed the Total Revolving Credit Commitment. The letters of credit issued by BKB under parties hereto hereby acknowledge and agree that on the Closing Date the Existing Letters of Credit shall be deemed to be, and shall become, Letters of Credit outstanding hereunder for all purposes of this Credit Agreement, a list including without limitation the Borrower's reimbursement obligations under §4.2 and the reimbursement and participation obligations of which is attached hereto as SCHEDULE 5.1.1, shall be Letters of Credit the Banks under this Credit Agreement§§4.1.4 and 4.1.5.

Commitment to Issue Letters of Credit. Subject to the terms and conditions hereof and the execution and delivery by the Borrower of a letter of credit application on BKBthe Issuing Bank's customary form (a "Letter of Credit ApplicationLETTER OF CREDIT APPLICATION"), BKB the Issuing Bank and, in case of the Chase Letter of Credit, Chase, on behalf of the Banks Lenders and in reliance upon the agreement of the Banks Lenders set forth in Section 5.1.4 4.1.4 and upon the representations and warranties of the Borrower contained herein, agrees, in its individual capacity, to issue, extend and renew for the account of the Borrower one or more standby or documentary letters of credit (individually, a "Letter of CreditLETTER OF CREDIT"), in such form as may be requested from time to time by the Borrower and agreed to by BKBthe Issuing Bank; PROVIDED, HOWEVER, that, after giving effect to such request, (a) the sum of the aggregate Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not exceed $5,000,000 50,000,000 at any one time and (b) the sum of (i) the aggregate Maximum Drawing Amount and on all Letters of Credit, (ii) all Unpaid Reimbursement Obligations PLUS Obligations, and (iii) the Outstanding amount of the all Revolving Credit Loans outstanding shall not, at any time, not exceed the Total Revolving Credit Commitment. The letters of credit issued by BKB under the Existing Credit AgreementAvailability; PROVIDED, a list of which is attached hereto as SCHEDULE 5.1.1FURTHER, that Chase shall be issue, extend or renew no Letters of Credit under this Credit Agreementother than the Chase Letter of Credit.

Commitment to Issue Letters of Credit. Subject to the terms and conditions hereof and the execution and delivery by any of the Borrower Borrowers and CML of a letter of credit application on BKBthe Issuing Bank's customary form (a "Letter of Credit LETTER OF CREDIT Application"), BKB the Issuing Bank on behalf of the Banks Lenders and in reliance upon the agreement of the Banks Lenders set forth in Section 5.1.4 ss.4.1.4 and upon the representations and warranties of the applicable Borrower and CML contained herein, agrees, in its individual capacity, to issue, extend and renew for the account of the such Borrower and CML one or more standby or documentary letters of credit (individually, a "Letter of CreditLETTER OF CREDIT"), in such form as may be requested from time to time by the applicable Borrower and agreed to by BKBthe Issuing Bank; PROVIDED, HOWEVER, that, after giving effect to such request, (a) the sum of the aggregate Maximum Drawing Amount and all Unpaid Reimbursement Obligations Letter of Credit Exposure of the Borrowers shall not exceed $5,000,000 10,000,000 at any one time and (b) the sum of (i) each Borrower's Letter of Credit Exposure and (ii) the aggregate Maximum Drawing Amount and all Unpaid Reimbursement Obligations PLUS the Outstanding amount of the Revolving Credit all Loans of such Borrower outstanding shall not, at any time, not exceed the Total Revolving Credit Commitment. The letters lesser of credit issued by BKB under the Existing Credit Agreement, a list of which is attached hereto as SCHEDULE 5.1.1, shall be Letters of Credit under this Credit Agreement(A) such Borrower's Sub-Commitment and (B) such Borrower's Borrowing Base PLUS such Borrower's Sub-Overadvance Amount.

Commitment to Issue Letters of Credit. Subject to the terms and conditions hereof and the execution and delivery by the a Borrower of a letter of credit application on BKB's the Administrative Agent’s customary form (a "“Letter of Credit Application"”), BKB the Administrative Agent on behalf of the Banks Lenders and in reliance upon the agreement of the Banks Lenders set forth in Section §5.1.4 and upon the representations and warranties of the Borrower Borrowers contained herein, agrees, in its individual capacity, to issue, extend and renew for the account of the Borrower Borrowers one or more standby letters of credit (individually, a "“Letter of Credit"”), in such form as may be requested from time to time by the any Borrower and agreed to by BKBthe Administrative Agent; PROVIDEDprovided, HOWEVERhowever, that, after giving effect to such request, (a) the sum of the aggregate Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not exceed $5,000,000 the Total Revolving Credit Commitment at any one time and (b) the sum of (i) the aggregate Maximum Drawing Amount and on all Letters of Credit, (ii) all Unpaid Reimbursement Obligations PLUS Obligations, and (iii) the Outstanding amount of the all Revolving Credit Loans outstanding shall not, at any time, not exceed the Total Revolving Credit CommitmentCommitment at such time. The parties hereto hereby acknowledge and agree that the letters of credit issued by BKB under the Administrative Agent pursuant to the Original Credit Agreement and identified on Schedule 5.1.1 hereto (collectively, the “Existing Credit AgreementLetters of Credit”) shall, a list of which is attached hereto as SCHEDULE 5.1.1on the Effective Date, shall be become Letters of Credit under this Credit Agreementhereunder and shall be subject to the conditions hereunder.

Commitment to Issue Letters of Credit. Subject to the terms and ------------------------------------- conditions hereof and the execution and delivery by the Borrower of a letter of credit application on BKBthe Agent's customary form (a "Letter of Credit Application"), BKB the Agent on behalf of the Banks and in reliance upon the agreement of the Banks set forth in Section 5.1.4 ss.4.1.4 and upon the representations and warranties of the Borrower contained herein, agrees, in its individual capacity, to issue, extend and renew for the account of the Borrower one or more standby letters of credit (individually, a "Letter of Credit"), in such form as may be requested from time to time by the Borrower and agreed to by BKBthe Agent; PROVIDEDprovided, HOWEVERhowever, that, after giving effect to such request, (a) the -------- ------- sum of the aggregate Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not exceed $5,000,000 1,000,000 at any one time and (b) the sum of (i) the aggregate Maximum Drawing Amount and Amount, (ii) all Unpaid Reimbursement Obligations PLUS Obligations, and (iii) the Outstanding amount of the Revolving Credit all Tranche A Loans outstanding shall not, at any time, not exceed the lesser of (A) the sum of the Total Revolving Credit Commitment. The letters Commitment minus the outstanding amount of credit issued by BKB under Tranche B Loans and (B) the Existing Credit Agreement, a list of which is attached hereto as SCHEDULE 5.1.1, shall be Letters of Credit under this Credit Agreement----- Tranche A Borrowing Base.