Common use of Existing Letters of Credit Clause in Contracts

Existing Letters of Credit. There currently are outstanding certain Trade Letters of Credit issued by the LC Issuer under the Existing Letter of Credit Agreement the outstanding balance of each of which is set forth on Schedule II hereto (as such Schedule may be modified between the date hereof and the fifth Business Day after the Effective Date) (collectively, the “Existing Letters of Credit”). From and after the date hereof and upon fulfillment of the conditions to initial Issuance specified in Section 4.01 hereof, each such Existing Letter of Credit shall be deemed and treated for all purposes hereof (including, without limitation, the calculation of fees payable under Section 2.05 hereof, and calculating the usage of the Facility Amount under Section 2.01 hereof) as a “Letter of Credit” hereunder, any participation interest existing prior to the date hereof of the LC Issuer in such Existing Letters of Credit shall, without further action on its part, be deemed extinguished in full and the LC Issuer, without further act on its part, shall be deemed to have Issued each such Existing Letter of Credit as provided in Section 2.01 hereof.

Existing Letters of Credit. There currently are outstanding certain Trade Letters of Credit issued by the LC Issuer under the Existing Letter of Credit Agreement the outstanding balance of each of which is set forth on Schedule II hereto (as such Schedule may be modified between the date hereof and the fifth Business Day after the Effective Date) (collectively, the “Existing Letters of Credit”). From and after the date hereof and upon fulfillment of the conditions to initial Issuance specified in Section 4.01 hereof, each such Existing Letter of Credit shall be deemed and treated for all purposes hereof (including, without limitation, the calculation of fees payable under Section 2.05 hereof, and calculating the usage of the Facility Amount under Section 2.01 hereof) as a “Letter of Credit” hereunder, any participation interest existing prior to the date hereof of the LC Issuer in such Existing Letters of Credit shall, without further action on its part, be deemed extinguished in full and the LC Issuer, without further act on its part, shall be deemed to have Issued each such Existing Letter of Credit as provided in Section 2.01 hereof.

Existing Letters of Credit. There currently are outstanding certain Trade Standby Letters of Credit issued by the LC Issuer under pursuant to the Existing Letter of Credit Agreement (collectively, the “Existing Letters of Credit”), the outstanding balance of each of which is set forth on Schedule II hereto IV (as such Schedule may be modified between the date hereof and the fifth Business Day after the Effective Date) (collectively, the “Existing Letters of Credit”). From and after the date hereof and upon fulfillment of the conditions to initial Issuance specified in Section 4.01 hereof5.01, each such Existing Letter of Credit shall be deemed and treated for all purposes hereof (including, without limitation, the calculation of fees payable under Section 2.05 hereof3.06, and calculating the usage of the Facility Amount respective Issuing Bank’s commitment under Section 2.01 hereof3.01) as a “Letter of Credit” hereunder, any participation interest existing prior to the date hereof of the LC Issuer any Lender in such Existing Letters of Credit shall, without further action on its part, be deemed extinguished in full and the LC Issuereach Lender, without further act on its part, shall be deemed to have Issued purchased a participation in each such Existing Letter of Credit as provided in Section 2.01 hereof3.05 in accordance with its Commitment Percentage.

Existing Letters of Credit. There currently are outstanding certain Trade Standby Letters of Credit issued by the LC Issuer under pursuant to the Existing Letter of Credit Agreement (collectively, the "Existing Letters of Credit"), the outstanding balance of each of which is set forth on Schedule II IV hereto (as such Schedule may be modified between the date hereof and the fifth Business Day after the Effective Date) (collectively, the “Existing Letters of Credit”). From and after the date hereof and upon fulfillment of the conditions to initial Issuance specified in Section 4.01 5.01 hereof, each such Existing Letter of Credit shall be deemed and treated for all purposes hereof (including, without limitation, the calculation of fees payable under Section 2.05 3.06 hereof, and calculating the usage of the Facility Amount respective Issuing Bank's commitment under Section 2.01 3.01 hereof) as a “"Letter of Credit” " hereunder, any participation interest existing prior to the date hereof of the LC Issuer any Lender in such Existing Letters of Credit shall, without further action on its part, be deemed extinguished in full and the LC Issuereach Lender, without further act on its part, shall be deemed to have Issued purchased a participation in each such Existing Letter of Credit as provided in Section 2.01 hereof3.05 hereof in accordance with its Commitment Percentage.

Existing Letters of Credit. There The Issuing Bank currently are has -------------------------- outstanding certain Trade documentary and trade letters of credit issued pursuant to the Original Agreement (the "Existing Letters of Credit issued by the LC Issuer under the Existing Letter of Credit Agreement Credit") the outstanding balance of each of -------------------------- which is set forth on Schedule II hereto (as such Schedule may be modified between the date hereof and the fifth Business Day after the Effective Date) (collectively, the “Existing Letters of Credit”)IV hereto. From and after the date hereof and upon fulfillment of the conditions to initial Issuance specified in Section 4.01 5.01 hereof, each such Existing Letter of Credit shall be deemed and treated for all purposes hereof (including, without limitation, the calculation of fees payable under Section 2.05 hereof3.06, and calculating the usage of the Facility Amount Issuing Bank's commitment under Section 2.01 hereof3.01) as a “"Letter of Credit” " hereunder, any participation ---------------- interest existing prior to the date hereof of the any LC Issuer Lender in such Existing Letters of Credit shall, without further action on its part, be deemed extinguished in full and the each LC IssuerLender, without further act on its part, shall be deemed to have Issued purchased a participation in each such Existing Letter of Credit as provided in Section 2.01 hereof3.05 hereof in accordance with its LC Commitment Percentage.

Existing Letters of Credit. There The Issuing Bank currently are -------------------------- has outstanding certain Trade documentary and trade letters of credit issued pursuant to the Original Agreement (the "Existing Letters of Credit issued by the LC Issuer under the Existing Letter of Credit Agreement Credit") the outstanding balance of each of -------------------------- which is set forth on Schedule II hereto (as such Schedule may be modified between the date hereof and the fifth Business Day after the Effective Date) (collectively, the “Existing Letters of Credit”)IV hereto. From and after the date hereof and upon fulfillment of the conditions to initial Issuance specified in Section 4.01 5.01 hereof, each such Existing Letter of Credit shall be deemed and treated for all purposes hereof (including, without limitation, the calculation of fees payable under Section 2.05 hereof3.06, and calculating the usage of the Facility Amount Issuing Bank's commitment under Section 2.01 hereof3.01) as a “"Letter of Credit” " hereunder, any participation ---------------- interest existing prior to the date hereof of the any LC Issuer Lender in such Existing Letters of Credit shall, without further action on its part, be deemed extinguished in full and the each LC IssuerLender, without further act on its part, shall be deemed to have Issued purchased a participation in each such Existing Letter of Credit as provided in Section 2.01 hereof3.05 hereof in accordance with its LC Commitment Percentage.

Existing Letters of Credit. There currently are --------------------------------------- outstanding certain Trade letters of credit issued pursuant to the Existing 364-Day Agreement and letters of credit and other credit support instruments issued by one or more Lenders pursuant to agreements between the Borrower or an LC Subsidiary and such Lender (collectively, the "Existing Letters of Credit issued by Credit"), the LC Issuer under the Existing Letter of Credit Agreement the -------------------------- outstanding balance of each of which is set forth on Schedule II IV hereto (as such Schedule may be modified between the date hereof and the fifth Business Day after the Effective Date) (collectively, the “Existing Letters of Credit”). From and after the date hereof and upon fulfillment of the conditions to initial Issuance specified in Section 4.01 5.01 hereof, each such Existing Letter of Credit shall be deemed and treated for all purposes hereof (including, without limitation, the calculation of fees payable under Section 2.05 hereof3.06, and calculating the usage of the Facility Amount respective Issuing Bank's commitment under Section 2.01 hereof3.01) as a “"Letter of Credit” " hereunder, any ---------------- participation interest existing prior to the date hereof of the LC Issuer any Lender in such Existing Letters of Credit shall, without further action on its part, be deemed extinguished in full and the LC Issuereach Lender, without further act on its part, shall be deemed to have Issued purchased a participation in each such Existing Letter of Credit as provided in Section 2.01 hereof3.05 hereof in accordance with its LC Commitment Percentage.