Common use of Issuance, Amendment and Renewal of Letters of Credit Clause in Contracts

Issuance, Amendment and Renewal of Letters of Credit. (a) Each Letter of Credit shall be issued upon the irrevocable written request of the Company received by the Issuer (with a copy sent by the Company to the Agent) at least three days (or such shorter time as the Issuer may agree in a particular instance in its sole discretion) prior to the proposed date of issuance; provided, that five days' prior notice (or such shorter time as the Issuer may agree in a particular instance in its sole discretion) shall be required in respect of each Letter of Credit to be denominated in an Offshore Currency. Each such request for issuance of a Letter of Credit shall be by facsimile, confirmed immediately in an original writing (if required by the Issuer), in the form of an L/C Application (or such other form as shall be acceptable to the Issuer), or shall be by online letter of credit software acceptable to the Issuer, and shall specify in form and detail satisfactory to the Issuer: (i) the proposed date of issuance of the Letter of Credit (which shall be a Business Day); (ii) the face amount of the Letter of Credit; (iii) the expiry date of the Letter of Credit; (iv) the name and address of the beneficiary thereof; (v) the documents to be presented by the beneficiary of the Letter of Credit in case of any drawing thereunder; (vi) the full text of any certificate to be presented by the beneficiary in case of any drawing thereunder; (vii) the currency in which such Letter of Credit is to be denominated, which shall be Dollars or an Offshore Currency; and (viii) such other matters as the Issuer may require.

Appears in 2 contracts

Samples: Credit Agreement (Oshkosh Truck Corp), Credit Agreement (Oshkosh Truck Corp)

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Issuance, Amendment and Renewal of Letters of Credit. (a) Each ---------------------------------------------------- Letter of Credit shall be issued upon the irrevocable written request of the Company Borrowers' Designee received by the Issuer Issuing Bank (with a copy sent by the Company Borrowers' Designee to the Agent) at least three days four Business Days in the case of Letters of Credit to be denominated in Dollars, and six Business Days in the case of any Offshore Currency Letters of Credit (or such shorter time as the Issuer Issuing Bank may agree in a particular instance in its sole discretion) prior to the proposed date of issuance; provided, that five days' prior notice (or such shorter time as the Issuer may agree in a particular instance in its sole discretion) shall be required in respect of each Letter of Credit to be denominated in an Offshore Currency. Each such request for issuance of a Letter of Credit shall be by facsimile, confirmed immediately in an original writing (if required by the Issuer)writing, in the form of an L/C Application (or such other form as shall be acceptable to the Issuer), or shall be by online letter of credit software acceptable to the IssuerApplication, and shall specify in form and detail satisfactory to the IssuerIssuing Bank: (i) the proposed date of issuance of the Letter of Credit (which shall be a Business Day); (ii) the face amount of the Letter of Credit (and applicable Offshore Currency in the case of a proposed Offshore Currency Letter of Credit); (iii) the expiry date of the Letter of Credit; (iv) the name and address of the beneficiary thereof; (v) the documents to be presented by the beneficiary of the Letter of Credit in case of any drawing thereunder; (vi) the full text of any certificate to be presented by the beneficiary in case of any drawing thereunder; and (vii) the currency in which such Letter of Credit is to be denominated, which shall be Dollars or an Offshore Currency; and (viii) such other matters as the Issuer Issuing Bank may require. The Dollar Equivalent Amount of any Offshore Currency Letter of Credit will be determined by the Agent for such Letter of Credit on the Computation Date therefor in accordance with subsection 2.5(a).

Appears in 2 contracts

Samples: Revolving Multicurrency Credit Agreement (Johns Manville International Group Inc), Revolving Multicurrency Credit Agreement (Johns Manville Corp /New/)

Issuance, Amendment and Renewal of Letters of Credit. (a) Each Letter of Credit shall be issued upon the irrevocable written request of the Company received by the applicable Issuer (with a copy sent by the Company such Issuer to the Agent) at least three days (or such shorter time as the such Issuer may agree in a particular instance in its sole discretion) prior to the proposed date of issuance; provided, provided that five days' prior notice (or such shorter time as the such Issuer may agree in a particular instance in its sole discretion) shall be required in respect of each Letter of Credit to be denominated in an Offshore Currency. Each such request for issuance of a Letter of Credit shall be by facsimile, confirmed immediately in an original writing (if required by the applicable Issuer), in the form of an L/C Application (or such other form as shall be acceptable to the such Issuer), or shall be by online letter of credit software acceptable to the such Issuer, and shall specify in form and detail satisfactory to the such Issuer: (i) the proposed date of issuance of the Letter of Credit (which shall be a Business Day); (ii) the face amount of the Letter of Credit; (iii) the expiry date of the Letter of Credit; (iv) the name and address of the beneficiary thereof; (v) the documents to be presented by the beneficiary of the Letter of Credit in case of any drawing thereunder; (vi) the full text of any certificate to be presented by the beneficiary in case of any drawing thereunder; (vii) the currency in which such Letter of Credit is to be denominated, which shall be Dollars or an Offshore Currency; and (viii) such other matters as the such Issuer may require.

Appears in 1 contract

Samples: Credit Agreement (Oshkosh Truck Corp)

Issuance, Amendment and Renewal of Letters of Credit. (a) Each Letter of Credit shall be issued upon the irrevocable written request of the Company received by the applicable Issuer (with a copy sent by the Company such Issuer to the Agent) at least three days (or such shorter time as the such Issuer may agree in a particular instance in its sole discretion) prior to the proposed date of issuance; provided, provided that five days' prior notice (or such shorter time as the such Issuer may agree in a particular instance in its sole discretion) shall be required in respect of each Letter of Credit to be denominated in an Offshore Currency. Each such request for issuance of a Letter of Credit shall be by facsimile, confirmed immediately in an original writing (if required by the applicable Issuer), in the form of an L/C Application (or such other form as shall be acceptable to the such Issuer), or shall be by online letter of credit software acceptable to the such Issuer, and shall specify in form and detail satisfactory to the such Issuer: (i) the proposed date of issuance of the such Letter of Credit (which shall be a Business Day); (ii) the face amount of the such Letter of Credit; (iii) the expiry date of the such Letter of Credit; (iv) the name and address of the beneficiary thereof; (v) the documents to be presented by the beneficiary of the such Letter of Credit in case of any drawing thereunder; (vi) the full text of any certificate to be presented by the beneficiary in case of any drawing thereunder; (vii) the currency in which such Letter of Credit is to be denominated, which shall be Dollars or an Offshore Currency; and (viii) such other matters as the such Issuer may require.

Appears in 1 contract

Samples: Credit Agreement (Oshkosh Truck Corp)

Issuance, Amendment and Renewal of Letters of Credit. (a) Each Letter of ---------------------------------------------------- Credit shall be issued upon the irrevocable written request of the Company Borrower received by the Issuer Issuing Bank (with a copy sent by the Company Borrower to the Agent) at least three days Business Days in the case of Letters of Credit to be denominated in Dollars, and six Business Days in the case of any Offshore Currency Letters of Credit (or such shorter time as the Issuer Issuing Bank may agree in a particular instance in its sole discretion) prior to the proposed date of issuance; provided, that five days' prior notice (or such shorter time as the Issuer may agree in a particular instance in its sole discretion) shall be required in respect of each Letter of Credit to be denominated in an Offshore Currency. Each such request for issuance of a Letter of Credit shall be by facsimile, confirmed immediately in by an original writing (if required by in the Issuer)mail, in the form of an L/C Application (or such other form as shall be acceptable to the Issuer), or shall be by online letter of credit software acceptable to the IssuerApplication, and shall specify in form and detail satisfactory to the IssuerIssuing Bank: (i) the proposed date of issuance of the Letter of Credit (which shall be a Business Day); (ii) the face amount of the Letter of Credit (and applicable Offshore Currency in the case of a proposed Offshore Currency Letter of Credit); (iii) the expiry date of the Letter of Credit; (iv) the name and address of the beneficiary thereofthereof (which beneficiary may be a Bank or an Affiliate of a Bank); (v) the documents to be presented by the beneficiary of the Letter of Credit in case of any drawing thereunder; (vi) the full text of any certificate to be presented by the beneficiary in case of any drawing thereunder; and (vii) the currency in which such Letter of Credit is to be denominated, which shall be Dollars or an Offshore Currency; and (viii) such other matters as the Issuer Issuing Bank may require. The Dollar Equivalent Amount of any Offshore Currency Letter of Credit will be determined by the Issuing Bank for such Letter of Credit on each Computation Date.

Appears in 1 contract

Samples: Credit Agreement (Storage Technology Corp)

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Issuance, Amendment and Renewal of Letters of Credit. (a) Each Letter of Credit shall be issued upon the irrevocable written request of the Company Borrowers' Agent received by the Issuer Issuing Bank (with a copy sent by the Company Borrowers' Agent to the Agent) at least three days four Business Days (or in each case such shorter time as the Issuer Issuing Bank may agree in a particular instance in its sole discretion) ), prior to the proposed date of issuance; provided, that five days' prior notice (or such shorter time as the Issuer may agree in a particular instance in its sole discretion) shall be required in respect of each Letter of Credit to be denominated in an Offshore Currency. Each such request for issuance of a Letter of Credit shall be by facsimile, confirmed immediately in an original writing (if required by the Issuer)writing, in the form of an L/C Application (or such other form as shall be acceptable to the Issuer), or shall be by online letter of credit software acceptable to the IssuerApplication, and shall specify in form and detail satisfactory to the IssuerIssuing Bank: (i) the proposed date of issuance of the Letter of Credit (which shall be a Business Day); (ii) the face amount of the Letter of CreditCredit (and applicable Offshore Currency, if such Letter of Credit is not denominated in Dollars); (iii) the expiry date of the Letter of Credit; (iv) the name and address of the beneficiary thereof; (v) the documents to be presented by the beneficiary of the Letter of Credit in case of any drawing thereunder; (vi) the full text of any certificate to be presented by the beneficiary in case of any drawing thereunder; (vii) the currency in which identity of the Person whose obligations will be supported by such Letter of Credit is to (which, if other than the Borrower, must be denominated, which shall be Dollars or an Offshore Currencya Subsidiary); and (viii) such other matters as the Issuer Issuing Bank may require. The Equivalent Amount of any Letter of Credit to be denominated in an Offshore Currency as provided above will be determined by the Agent for such Letter of Credit on the Computation Date therefor in accordance with subsection 2.05(a).

Appears in 1 contract

Samples: Credit Agreement (Solectron Corp)

Issuance, Amendment and Renewal of Letters of Credit. (a) Each Letter of Credit shall be issued upon the irrevocable written request of the Company received by the applicable Issuer (with a copy sent by the Company such Issuer to the Agent) at least three days (or such shorter time as the such Issuer may agree in a particular instance in its sole discretion) prior to the proposed date of issuance; provided, provided that five days' prior notice (or such shorter time as the such Issuer may agree in a particular instance in its sole discretion) shall be required in respect of each Letter of Credit to be denominated in an Offshore Alternative Currency. Each such request for issuance of a Letter of Credit shall be by facsimile, confirmed immediately in an original writing (if required by the applicable Issuer), in the form of an L/C Application (or such other form as shall be acceptable to the such Issuer), or shall be by online letter of credit software acceptable to the such Issuer, and shall specify in form and detail satisfactory to the such Issuer: (i) the proposed date of issuance of the such Letter of Credit (which shall be a Business Day); (ii) the face amount of the such Letter of Credit; (iii) the expiry date of the such Letter of Credit; (iv) the name and address of the beneficiary thereof; (v) the documents to be presented by the beneficiary of the such Letter of Credit in case of any drawing thereunder; (vi) the full text of any certificate to be presented by the beneficiary in case of any drawing thereunder; (vii) the currency in which such Letter of Credit is to be denominated, which shall be Dollars or an Offshore Alternative Currency; and (viii) such other matters as the such Issuer may require.

Appears in 1 contract

Samples: Credit Agreement (Oshkosh Corp)

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