Common use of Commitment to Issue Clause in Contracts

Commitment to Issue. The Borrowers may utilize the Commitments by requesting that the Agent issue, and the Agent, subject to the terms and conditions of this Agreement, shall issue, letters of credit for a Borrower's account (such letters of credit being hereinafter referred to as the "LETTERS OF CREDIT"); PROVIDED, HOWEVER, (i) the aggregate amount of outstanding Letter of Credit Liabilities shall not at any time exceed Two Million Five Hundred Thousand Dollars ($2,500,000); (ii) the Outstanding Revolving Credit shall not at any time exceed the lesser of (A) the aggregate Commitments or (B) the Borrowing Base; (iii) the Outstanding Revolving Credit applicable to a Bank shall not at any time exceed such Bank's Commitment (except with respect to the Agent as a Bank, as may otherwise result from the operation of SECTION 4.6); and (iv) the Outstanding Revolving Credit applicable to a Borrower shall at no time exceed such Borrower's Borrowing Base. Upon the date of issue of a Letter of Credit, the Agent shall be deemed, without further action by any party hereto, to have sold to each other Bank, and each other Bank shall be deemed, without further action by any party hereto, to have purchased from the Agent a participation to the extent of such Bank's Commitment Percentage in such Letter of Credit and the related Letter of Credit Liabilities.

Commitment to Issue. The Borrowers may utilize the Commitments by requesting that the Agent issue, and the Agent, subject to the terms and conditions of this Agreement, shall issue, letters of credit for a Borrower's account (such letters of credit being hereinafter referred to as the "LETTERS OF CREDITLetters of Credit"); PROVIDEDprovided, HOWEVERhowever, (i) the aggregate amount of outstanding Letter of Credit Liabilities shall not at any time exceed Two Million Five Hundred Thousand Dollars ($2,500,000); (ii) the Outstanding Revolving Credit shall not at any time exceed the lesser of (A) the aggregate Commitments or (B) the Borrowing Base; (iii) the Outstanding Revolving Credit applicable to a Bank shall not at any time exceed such Bank's Commitment (except with respect to the Agent as a Bank, as may otherwise result from the operation of SECTION Section 4.6); and (iv) the Outstanding Revolving Credit applicable to a Borrower shall at no time exceed such Borrower's Borrowing Base. Upon the date of issue of a Letter of Credit, the Agent shall be deemed, without further action by any party hereto, to have sold to each other Bank, and each other Bank shall be deemed, without further action by any party hereto, to have purchased from the Agent a participation to the extent of such Bank's Commitment Percentage in such Letter of Credit and the related Letter of Credit Liabilities.

Commitment to Issue. The Borrowers Borrower may utilize the Revolving Commitments by requesting that the Agent issue, and the Agent, subject to the terms and conditions of this Agreement, shall issue, letters of credit for a Borrower's or one of its Subsidiaries' account (such letters of credit being hereinafter referred to as the "LETTERS OF CREDITLetters of Credit"); PROVIDEDprovided, HOWEVERhowever, (i) the aggregate amount of outstanding Letter of Credit Liabilities shall not at any time exceed Two Million Five Hundred Thousand Dollars ($2,500,0002,000,000); (ii) the Outstanding Revolving Credit shall not at any time exceed the lesser of (A) the aggregate Revolving Commitments or (B) the Borrowing Base; and (iii) the Outstanding Revolving Credit applicable to a Bank shall not at any time exceed such Bank's Commitment (except with respect to the Agent as a Bank, as may otherwise result from the operation of SECTION 4.6); and (iv) the Outstanding Revolving Credit applicable to a Borrower shall at no time exceed such Borrower's Borrowing BaseCommitment. Upon the date of issue of a Letter of Credit, the Agent shall be deemed, without further action by any party hereto, to have sold to each other Bank, and each other Bank shall be deemed, without further action by any party hereto, to have purchased from the Agent a participation to the extent of such Bank's Commitment Percentage (calculated with respect to the Revolving Commitments only) in such Letter of Credit and the related Letter of Credit Liabilities.. (b)

Commitment to Issue. The Borrowers Borrower may utilize the Revolving Commitments by requesting that the Agent issue, and the Agent, subject to the terms and conditions of this Agreement, shall issue, letters of credit for a Borrower's or one of the Subsidiaries' account (such letters of credit being hereinafter referred to as the "LETTERS OF CREDITLetters of Credit"); PROVIDEDprovided, HOWEVERhowever, (i) the aggregate amount of outstanding Letter of Credit Liabilities shall not at any time exceed Two Five Million Five Hundred Thousand Dollars ($2,500,0005,000,000); (ii) the Outstanding Revolving Credit shall not at any time exceed the lesser of (A) the aggregate Commitments or (B) the Borrowing BaseRevolving Commitments; and (iii) the Outstanding Revolving Credit applicable to a Bank (including the Agent as a Bank) shall not at any time exceed such Bank's Commitment (except with respect to the Agent as a Bank, as may otherwise result from the operation of SECTION 4.6); and (iv) the Outstanding Revolving Credit applicable to a Borrower shall at no time exceed such Borrower's Borrowing BaseCommitment. Upon the date of issue of a Letter of Credit, the Agent shall be deemed, without further action by any party hereto, to have sold to each other Bank, and each other Bank shall be deemed, without further action by any party hereto, to have purchased from the Agent a participation to the extent of such Bank's Commitment Percentage in such Letter of Credit and the related Letter of Credit Liabilities.

Commitment to Issue. The Borrowers Borrower may utilize the Revolving Commitments by requesting that the Agent issue, and the Agent, subject to the terms and conditions of this Agreement, shall issue, letters of credit for a Borrower's or one of its Subsidiaries' account (such letters of credit being hereinafter referred to as the "LETTERS OF CREDITLetters of Credit"); PROVIDEDprovided, HOWEVERhowever, (i) the aggregate amount of outstanding Letter of Credit Liabilities shall not at any time exceed Two Million Five Hundred Thousand Dollars ($2,500,0002,000,000); (ii) the Outstanding Revolving Credit shall not at any time exceed the lesser of (A) the aggregate Revolving Commitments or (B) the Borrowing Base; , (iii) the amount of the Outstanding Revolving Credit supported by Eligible Inventory shall not exceed $3,500,000 at any time; and (iv) the Outstanding Revolving Credit applicable to a Bank shall not at any time exceed such Bank's Commitment (except with respect to the Agent as a Bank, as may otherwise result from the operation of SECTION 4.6); and (iv) the Outstanding Revolving Credit applicable to a Borrower shall at no time exceed such Borrower's Borrowing BaseCommitment. Upon the date of issue of a Letter of Credit, the Agent shall be deemed, without further action by any party hereto, to have sold to each other Bank, and each other Bank shall be deemed, without further action by any party hereto, to have purchased from the Agent a participation to the extent of such Bank's Commitment Percentage (calculated with respect to the Revolving Commitments only) in such Letter of Credit and the related Letter of Credit Liabilities.

Commitment to Issue. The Borrowers Borrower may utilize the Commitments by requesting that the Agent issue, and the Agent, subject to the terms and conditions of this Agreement, shall issue, issue standby letters of credit for a the Borrower's account (such letters of credit being hereinafter referred to collectively as the "LETTERS OF CREDIT"Letters of Credit); PROVIDEDprovided, HOWEVERhowever, (i) the aggregate amount of outstanding Letter of Credit Liabilities shall not at any time exceed Two Fifteen Million Five Hundred Thousand Dollars ($2,500,00015,000,000); (ii) the Outstanding Revolving Credit shall not at any time exceed the lesser of (A) the aggregate Commitments or (B) the Borrowing BaseCommitments; and (iii) the Outstanding Revolving Credit applicable to a Bank Lender shall not at any time exceed such BankLender's Commitment (except with respect to the Agent as a Bank, as may otherwise result from the operation of SECTION 4.6); and (iv) the Outstanding Revolving Credit applicable to a Borrower shall at no time exceed such Borrower's Borrowing BaseCommitment. Upon the date of issue of a Letter of Credit, the Agent shall be deemed, without further action by any party hereto, to have sold to each other BankLender, and each other Bank Lender shall be deemed, without further action by any party hereto, to have purchased from the Agent a participation to the extent of such BankLender's Commitment Percentage in such Letter of Credit and the related Letter of Credit Liabilities.

Commitment to Issue. The Borrowers Borrower may utilize the Commitments by requesting that the Agent issue, and the Agent, subject to the terms and conditions of this Agreement, shall issue, letters of credit for a Borrower's or one of the Subsidiaries' account (such letters of credit being hereinafter referred to as the "LETTERS OF CREDITLetters of Credit"); PROVIDEDprovided, HOWEVERhowever, (i) the aggregate amount of outstanding Letter of Credit Liabilities shall not at any time exceed Two Five Million Five Hundred Thousand Dollars ($2,500,0005,000,000); (ii) the Outstanding Revolving Credit shall not at any time exceed the lesser of (A) the aggregate Commitments or (B) the Borrowing Base; and (iii) the Outstanding Revolving Credit applicable to a Bank shall not at any time exceed such Bank's Commitment (except with respect to the Agent as a Bank, as may otherwise result from the operation of SECTION Section 4.6); and (iv) the Outstanding Revolving Credit applicable to a Borrower shall at no time exceed such Borrower's Borrowing Base. Upon the date of issue of a Letter of Credit, the Agent shall be deemed, without further action by any party hereto, to have sold to each other Bank, and each other Bank shall be deemed, without further action by any party hereto, to have purchased from the Agent a participation to the extent of such Bank's Commitment Percentage in such Letter of Credit and the related Letter of Credit Liabilities.