Common use of Issuance of Letters of Credit Clause in Contracts

Issuance of Letters of Credit. Upon the request of Jitney Jungle, and subject to the conditions set forth in Article V hereof and such other conditions to the opening of Letters of Credit as the Letter of Credit Issuer requires of its customers generally, the Agent shall cause the Letter of Credit Issuer from time to time to open trade or standby letters of credit (each, a "Letter of Credit") for the account of the Borrowers; provided that the Letter of Credit Usage shall not at any time exceed $30,000,000; and provided, further, that the face amount of any Letter of Credit that Jitney Jungle may request to be opened at any time shall not exceed an amount equal to (A) the lesser of (i) the Total Commitment at such time and (ii) the Borrowing Base at such time minus (B) the sum of (i) the unpaid principal amount of all Loans outstanding at such time, (ii) the Letter of Credit Usage at such time and (iii) the reserves then in effect under Section 2.01(c) hereof. The issuance of each Letter of Credit shall be made on at least four Business Days' prior written notice from Jitney Jungle to the Agent, at its Domestic Lending Office, which written notice shall be an application for a Letter of Credit on the Letter of Credit Issuer's customary form and shall indicate the Borrower for whose account the Letter of Credit is to be issued. The expiration date of any trade Letter of Credit shall not be later than 180 days from the date of issuance thereof and the expiration date of any standby Letter of Credit shall not be later than 365 days from the date of issuance thereof and, in any event, no Letter of Credit shall have an expiration date later than the Termination Date. The Letters of Credit shall be issued with respect of transactions occurring in the ordinary course of business of the Borrowers.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Jitney Jungle Stores of America Inc /Mi/), Revolving Credit Agreement (Supermarket Cigarette Sales Inc)

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Issuance of Letters of Credit. Upon the request of Jitney Jungle, and subject (a) Subject to the limitations set forth in Section 2.1(a), the Borrower shall be entitled to request the issuance of Letters of Credit, from time to time from the Closing Date to the Commitment Termination Date, by giving the Issuing Bank a Letter of Credit Request at least 1 Business Day before the requested date of issuance of such Letter of Credit (which shall be a Business Day). Any Letter of Credit Request received by the Issuing Bank later than 3:00 p.m., Los Angeles time, shall be deemed to have been received on the next Business Day. Each Letter of Credit Request shall be delivered by telecopier (but shall be deemed to be an original for all purposes), shall be signed by an Authorized Officer, shall be irrevocable and shall be effective upon receipt by the Issuing Bank. Provided that a valid Letter of Credit Request has been received by the Issuing Bank and upon fulfillment of the other applicable conditions set forth in Article V hereof and such other conditions to 4, the opening Issuing Bank will issue the requested Letter of Letters of Credit as the Credit. No Letter of Credit Issuer requires of its customers generally, the Agent shall cause the Letter of Credit Issuer from time to time to open trade or standby letters of credit (each, a "Letter of Credit") for the account of the Borrowers; provided that the Letter of Credit Usage shall not at any time exceed $30,000,000; and provided, further, that the face amount of any Letter of Credit that Jitney Jungle may request to be opened at any time shall not exceed an amount equal to (A) the lesser of (i) the Total Commitment at such time and (ii) the Borrowing Base at such time minus (B) the sum of (i) the unpaid principal amount of all Loans outstanding at such time, (ii) the Letter of Credit Usage at such time and (iii) the reserves then in effect under Section 2.01(c) hereof. The issuance of each Letter of Credit shall be made on at least four Business Days' prior written notice from Jitney Jungle to the Agent, at its Domestic Lending Office, which written notice shall be an application for a Letter of Credit on the Letter of Credit Issuer's customary form and shall indicate the Borrower for whose account the Letter of Credit is to be issued. The expiration date of any trade Letter of Credit shall not be later than 180 days from the date of issuance thereof and the expiration date of any standby Letter of Credit shall not be later than 365 days from the date of issuance thereof and, in any event, no Letter of Credit shall have an expiration date later than 60 days after the Commitment Termination Date. The Letters Notwithstanding the foregoing provisions of this Section 2.9(a), if the Borrower gives the Issuing Bank notice, by telephone confirmed promptly by telecopier, of a request for a Letter of Credit by noon, Los Angeles time, on the proposed day of issuance of such Letter of Credit, the Issuing Bank will use commercially reasonable efforts (but shall not be issued with respect obligated) to issue such Letter of transactions occurring Credit on the day on which such notice is given; provided, however, that the Issuing Bank shall no longer be required to use commercially reasonable efforts as described in this sentence if the ordinary course of business Issuing Bank, at its sole option exercisable at any time, gives the Borrower notice of the Borrowerssame.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Frontier Oil Corp /New/), Revolving Credit Agreement (Frontier Oil Corp /New/)

Issuance of Letters of Credit. Upon (i) The Borrower shall give an Issuing Bank and the request of Jitney Jungle, and subject Funding Agent written notice that it has selected such Issuing Bank to the conditions set forth in Article V hereof and such other conditions to the opening of Letters issue a Letter of Credit not later than 11:00 a.m. (New York time) on the third (3rd) Business Day preceding the requested date for issuance thereof under this Agreement, or such shorter notice as may be acceptable to such Issuing Bank and the Funding Agent. Such notice shall be irrevocable unless and until such request is denied by the applicable Issuing Bank and shall specify (A) that the requested Letter of Credit is either a Commercial Letter of Credit or a Standby Letter of Credit, (B) the stated amount of the Letter of Credit Issuer requires requested, (C) the effective date (which shall be a Business Day) of its customers generallyissuance of such Letter of Credit, (D) the Agent shall cause the date on which such Letter of Credit Issuer from time is to time to open trade or standby letters expire (which shall be a Business Day and no later than the earlier of credit (each, a "Letter of Credit"x) for the account one year anniversary of the Borrowers; provided that the date of such Letter of Credit Usage shall not at any time exceed $30,000,000; and provided, further, that the face amount of any Letter of Credit that Jitney Jungle may request to be opened at any time shall not exceed an amount equal to (Ay) the lesser of Business Day immediately preceding the Revolving Loan Commitment Termination Date), (iE) the Total Commitment at such time and (ii) the Borrowing Base at such time minus (B) the sum of (i) the unpaid principal amount of all Loans outstanding at such time, (ii) the Letter of Credit Usage at such time and (iii) the reserves then in effect under Section 2.01(c) hereof. The issuance of each Letter of Credit shall be made on at least four Business Days' prior written notice from Jitney Jungle to the Agent, at its Domestic Lending Office, which written notice shall be an application for a Letter of Credit on the Letter of Credit Issuer's customary form and shall indicate the Borrower Person for whose account the benefit such Letter of Credit is to be issued. The expiration date , (F) other relevant terms of any trade such Letter of Credit shall not be later than 180 days from and (G) the date amount of issuance thereof and the expiration date of any standby then outstanding Letter of Credit Obligations. Such Issuing Bank shall not be later than 365 days notify the Funding Agent immediately upon receipt of a written notice from the date of issuance thereof and, in any event, no Borrower requesting that a Letter of Credit shall have be issued, or that an expiration date later than the Termination Date. The Letters existing Letter of Credit shall be issued with respect extended or amended and, upon the Funding Agent's request therefor, send a copy of transactions occurring in such notice to the ordinary course of business of the BorrowersFunding Agent.

Appears in 2 contracts

Samples: Credit Agreement (Foamex Capital Corp), Credit Agreement (Foamex Capital Corp)

Issuance of Letters of Credit. Upon The Borrower may request the request issuance of Jitney Junglea letter of credit (each a “Letter of Credit”) on behalf of itself or another Loan Party by the Agent or any Lender which issues a Letter of Credit hereunder (such Lender, and subject with respect to the conditions set forth in Article V hereof and such other conditions issuance of the Letter of Credit so requested by the Borrower, being a “Letter of Credit Lender”) by delivering to the opening of Letters Agent and the Letter of Credit Lender a completed application and agreement for letters of credit in such form as the Letter of Credit Issuer requires of its customers generally, Lender and the Agent shall cause may specify from time to time by no later than 10:00 a.m., Eastern time, at least three (3) Business Days, or such shorter period as may be agreed to by the Letter of Credit Issuer from time to time to open trade or standby letters Lender, in advance of the proposed date of issuance. Each letter of credit (each, issued by any Lender and described on Schedule 2.9.1 shall be deemed to be a "Letter of Credit") for the account ” hereunder as of the Borrowers; provided that Closing Date. Subject to the terms and conditions hereof and in reliance on the agreements of the other Lenders set forth in this Section 2.9, the Letter of Credit Usage shall not at any time exceed $30,000,000; and provided, further, that the face amount of any Letter of Credit that Jitney Jungle may request to be opened at any time shall not exceed an amount equal to (A) the lesser of (i) the Total Commitment at such time and (ii) the Borrowing Base at such time minus (B) the sum of (i) the unpaid principal amount of all Loans outstanding at such time, (ii) the Letter of Credit Usage at such time and (iii) the reserves then in effect under Section 2.01(c) hereof. The issuance of each Letter of Credit shall be made on at least four Business Days' prior written notice from Jitney Jungle to the Agent, at its Domestic Lending Office, which written notice shall be an application for Lender will issue a Letter of Credit on the Letter of Credit Issuer's customary form and shall indicate the Borrower for whose account the Letter of Credit is to be issuedCredit. The expiration date of any trade Letter of Credit shall not be later than 180 days from the date of issuance thereof and the expiration date of any standby Letter of Credit shall not be later than 365 days from the date of issuance thereof and, in any event, no Each Letter of Credit shall have an a maximum stated maturity of no later than one (1) Business Day prior to the Expiration Date. For purposes of this subsection, “stated maturity” is the expiration date later than of the Termination Date. The Letters Letter of Credit without giving effect to any future extension thereof under an automatic renewal provision, provided that such automatic renewal provision permits the Letter of Credit Lender to elect not to extend by giving written notice of cancellation to the beneficiary. In no event shall be issued with respect Letter of transactions occurring in the ordinary course of business of the BorrowersCredit Outstandings exceed, at any one time, $500,000,000.

Appears in 2 contracts

Samples: Credit Agreement (Hovnanian Enterprises Inc), Credit Agreement (Hovnanian Enterprises Inc)

Issuance of Letters of Credit. Upon (a) Subject to and upon the request of Jitney Jungleterms and conditions herein set forth, at any time and subject from time to time on and after the Closing Date and prior to the conditions set forth in Article V hereof and such other conditions date that is three (3) Business Days prior to the opening of Letters Revolving Credit Maturity Date, each Letter of Credit as Issuer agrees to issue (or cause its Affiliates or other financial institution with which the Letter of Credit Issuer requires shall have entered into an agreement regarding the issuance of letters of credit hereunder, to issue on its customers generallybehalf), upon the Agent shall cause request of and for the Letter account of Credit Issuer from time to time to open trade the Borrower or standby any Restricted Subsidiary, letters of credit (each, a "Letter of Credit") in such form as may be approved by such Letter of Credit Issuer in its reasonable discretion; provided that the Borrower shall be a co-applicant, and be jointly and severally liable, with respect to each Letter of Credit issued for the account of a Restricted Subsidiary. All Letters of Credit shall be denominated in Dollars or any Alternative Currency. (b) Notwithstanding the Borrowers; provided that foregoing, (i) no Letter of Credit shall be issued the Stated Amount of which, when added to the Letter of Credit Usage shall not Obligations at any time such time, would exceed $30,000,000; and provided, further, that the face amount of any Letter of Credit that Jitney Jungle may request to be opened at any time shall not exceed an amount equal to (A) the lesser of (i) the Total Sub-Commitment at such time and then in effect, (ii) no Letter of Credit shall be issued the Borrowing Base at such time minus (B) Stated Amount of which, when added to the sum Letter of (i) Credit Obligations and the unpaid principal amount of all Revolving Credit Loans and Swingline Loans outstanding at such time, (ii) would exceed the Letter of Total Revolving Credit Usage at such time and Commitment then in effect, (iii) the reserves then in effect under Section 2.01(c) hereof. The issuance of each no Letter of Credit shall be made on at least four Business Days' prior written notice from Jitney Jungle issued if, after giving effect to the Agent, at its Domestic Lending Office, which written notice shall be an application for a Letter of Credit on the Letter of Credit Issuer's customary form and shall indicate the Borrower for whose account the Letter of Credit is to be issued. The expiration date of any trade Letter of Credit shall not be later than 180 days from the date of issuance thereof and the expiration date of any standby Letter of Credit shall not be later than 365 days from the date of issuance thereof and, in any event, no Letter of Credit shall have an expiration date later than the Termination Date. The Letters of Credit shall be issued with respect of transactions occurring in the ordinary course of business of the Borrowers.such -136- #96562806v11

Appears in 1 contract

Samples: Credit Agreement (Snap One Holdings Corp.)

Issuance of Letters of Credit. Upon the request of Jitney Junglethe ----------------------------- Borrowers, and subject to the conditions set forth in Article V hereof and such other conditions to the opening of Letters of Credit as the Letter of Credit Issuer Agent requires of its customers generally, the Agent shall cause the Letter of Credit Issuer from time to time to open trade or commercial and standby letters of credit (each, a "Letter of Credit") for the account of the ---------------- Borrowers; provided that , the Letter aggregate undrawn amount of all outstanding Letters of Credit Usage shall not at any time to exceed $30,000,0002,000,000; and provided, furtherhowever, that the Borrowers may not -------- ------- request the Agent to open a Letter of Credit if after giving effect thereto (measured by the face amount of any such Letter of Credit that Jitney Jungle may request to Credit) Availability would be opened at any time shall not exceed an amount equal to (A) the lesser of (i) the Total Commitment at such time and (ii) the Borrowing Base at such time minus (B) the sum of (i) the unpaid principal amount of all Loans outstanding at such time, (ii) the Letter of Credit Usage at such time and (iii) the reserves then in effect under Section 2.01(c) hereofless than zero. The issuance of each Letter of Credit shall be made on at least four three (3) Business Days' prior written notice from Jitney Jungle the Borrowers to the Agent, at its Domestic Lending Office, which written notice shall be an application for a Letter of Credit on the Letter of Credit IssuerAgent's customary form and shall indicate completed to the Borrower for whose account satisfaction of the Agent, together with the proposed form of the Letter of Credit is (which shall be satisfactory to the Agent) and such other certificates, documents and other papers and information as the Agent may reasonably request. The Agent shall not at any time be issuedobligated to issue any Letter of Credit if such issuance would conflict with, or cause the Agent or any Lender to exceed any limits imposed by, any applicable requirements of law. The expiration date of any trade (i) commercial Letter of Credit shall not be later than 180 90 days from the date of issuance thereof and the expiration date of (ii) any standby Letter of Credit shall not be later than 365 360 days from the date of issuance thereof and, in any event, no Letter of Credit shall have an expiration date later than 30 days prior to the Revolving Credit Termination Date. The Letters of Credit shall be issued with respect of transactions occurring in the ordinary course of business of the Borrowers.

Appears in 1 contract

Samples: Credit Agreement (Matthews Studio Equipment Group)

Issuance of Letters of Credit. Upon the request of Jitney Junglethe Borrower, and subject to the conditions set forth in Article V hereof and such other conditions to the opening of Letters of Credit as the Letter of Credit Issuer Agent requires of its customers generallygenerally (and which are not contrary to the terms of this Agreement), the Agent shall cause the Letter of Credit Issuer from time to time to open trade or commercial and standby letters of credit (each, a "Letter of Credit") for the account of the Borrowers; provided that Borrower, the Letter aggregate undrawn amount of all outstanding Letters of Credit Usage shall not at any time to exceed $30,000,000500,000; and provided, furtherhowever, that the Borrower may not request the Agent to open a Letter of Credit if after giving effect thereto (measured by the face amount of any such Letter of Credit that Jitney Jungle may request to Credit) Availability would be opened at any time shall not exceed an amount equal to (A) the lesser of (i) the Total Commitment at such time and (ii) the Borrowing Base at such time minus (B) the sum of (i) the unpaid principal amount of all Loans outstanding at such time, (ii) the Letter of Credit Usage at such time and (iii) the reserves then in effect under Section 2.01(c) hereofless than zero. The issuance of each Letter of Credit shall be made on at least four three Business Days' prior written notice from Jitney Jungle the Borrower to the Agent, at its Domestic Lending Office, which written notice shall be an application for a Letter of Credit on the Letter of Credit IssuerAgent's customary form and shall indicate completed to the Borrower for whose account satisfaction of the Agent, together with the proposed form of the Letter of Credit is (which shall be satisfactory to the Agent) and such other certificates, documents and other papers and information as the Agent may reasonably request. The Agent shall not at any time be issuedobligated to issue any Letter of Credit if such issuance would conflict with, or cause the Agent or any Lender to exceed any limits imposed by, any applicable requirements of law. The expiration date of any trade (i) commercial Letter of Credit shall not be later than 180 90 days from the date of issuance thereof and the expiration date of (ii) any standby Letter of Credit shall not be later than 365 360 days from the 41 48 date of issuance thereof thereof, and, in any event, no Letter of Credit shall have an expiration date later than thirty days prior to the Revolving Credit Termination Date. The Letters of Credit shall be issued with respect of transactions occurring in the ordinary course of business of the BorrowersBorrower.

Appears in 1 contract

Samples: Management Network Group Inc

Issuance of Letters of Credit. Upon Borrower may request the request issuance of Jitney Jungle, and subject a letter of credit (each a “Letter of Credit”) on behalf of itself for its benefit or for the benefit of another Loan Party or any Subsidiary of a Loan Party by delivering to the conditions set forth in Article V hereof and such other conditions Issuing Bank (with a copy to the opening of Letters of Credit as the Letter of Credit Issuer requires of its customers generally, the Agent shall cause the Letter of Credit Issuer from time to time to open trade Agent) a completed application or standby application and agreement for letters of credit (eachin such form, a "Letter of Credit") for the account of the Borrowers; provided that the Letter of Credit Usage shall not at any time exceed $30,000,000; and provided, further, that the face amount of any Letter of Credit that Jitney Jungle may request to be opened at any time shall not exceed an amount equal to (A) the lesser of (i) the Total Commitment at such time and (ii) the Borrowing Base at such time minus (B) the sum of (i) the unpaid principal amount of all Loans outstanding at such time, (ii) and with such advance notice as the Issuing Bank may specify from time to time. Each Letter of Credit Usage at such time shall be either a Standby Letter of Credit or a Documentary Letter of Credit. Subject to the terms and (iii) conditions hereof and in reliance on the reserves then agreements of the other Lenders set forth in effect under this Section 2.01(c) hereof. The issuance 2.10, the Issuing Bank will issue a Letter of Credit, provided that each Letter of Credit shall be made on at least four Business Days' prior written notice from Jitney Jungle to the Agent, at its Domestic Lending Office, which written notice shall be an application for (A) have a Letter maximum maturity of Credit on the Letter of Credit Issuer's customary form and shall indicate the Borrower for whose account the Letter of Credit is to be issued. The expiration date of any trade Letter of Credit shall not be later than 180 days twelve (12) months from the date of issuance thereof and the expiration date of any standby Letter of Credit shall not be later than 365 days from the date of issuance thereof andissuance, in any eventprovided, no Letter of Credit shall have an expiration date later than the Termination Date. The however, that Documentary Letters of Credit shall be issued with respect of transactions occurring may provide for automatic renewal (but in no event expire later than is set forth in the ordinary course directly following Clause (B)) subject to contrary notice given by the Issuing Bank, and (B) in no event expire later than ten (10) Business Days prior to the Expiration Date, and provided that in no event shall (i) the Letters of business Credit Outstanding exceed, at any one time, the Revolving Credit Commitments or (ii) the Revolving Facility Usage exceed, at any one time, the Revolving Credit Commitments. The letters of the Borrowerscredit set forth on Schedule 2.10 are hereby deemed to be Letters of Credit issued hereunder and governed pursuant hereto.

Appears in 1 contract

Samples: Credit Agreement (Too, Inc.)

Issuance of Letters of Credit. Upon the request of Jitney Junglethe Borrower, and subject to the conditions set forth in Article V hereof and such other conditions con ditions to the opening of Letters of Credit as the Letter of Credit Issuer Agent requires of its customers generally, the Agent shall cause the Letter of Credit Issuer from time to time to open trade or commercial and standby letters of credit (each, a "Letter of Credit") for the account of the Borrowers; provided that Borrower, the Letter aggregate undrawn amount of all outstanding Letters of Credit Usage shall not at any time to exceed $30,000,000500,000; and provided, furtherhowever, that the Borrower may not request the Agent to open a Letter of Credit if after giving effect thereto (measured by the face amount of any such Letter of Credit that Jitney Jungle may request to Credit) Availability would be opened at any time shall not exceed an amount equal to (A) the lesser of (i) the Total Commitment at such time and (ii) the Borrowing Base at such time minus (B) the sum of (i) the unpaid principal amount of all Loans outstanding at such time, (ii) the Letter of Credit Usage at such time and (iii) the reserves then in effect under Section 2.01(c) hereofless than zero. The issuance of each Letter of Credit shall be made on at least four three (3) Business Days' prior written notice from Jitney Jungle the Borrower to the Agent, at its Domestic Lending Office, which written notice shall be an application for a Letter of Credit on the Letter of Credit IssuerAgent's customary form and shall indicate completed to the Borrower for whose account satisfaction of the Agent, together with the proposed form of the Letter of Credit is (which shall be satisfactory to the Agent) and such other certificates, documents and other papers and information as the Agent may reasonably request. The Agent shall not at any time be issuedobligated to issue any Letter of Credit if such issuance would conflict with, or cause the Agent or any Lender to exceed any limits imposed by, any applicable requirements of law. The expiration date of any trade (i) commercial Letter of Credit shall not be later than 180 90 days from the date of issuance thereof and the expiration date of (ii) any standby Letter of Credit shall not be later than 365 360 days from the date of issuance thereof thereof, and, in any event, no Letter of Credit shall have an expiration date later than the Revolving Credit Termination Date. The Letters of Credit shall be issued with respect of transactions occurring in the ordinary course of business of the BorrowersBorrower.

Appears in 1 contract

Samples: Credit Agreement (Airxcel Inc)

Issuance of Letters of Credit. Upon Borrower may request the request issuance of Jitney Jungle, and subject a letter of credit (each a “Letter of Credit”) on behalf of itself for its benefit or for the benefit of another Loan Party or any Subsidiary of a Loan Party by delivering to the conditions set forth in Article V hereof and such other conditions Issuing Bank (with a copy to the opening of Letters of Credit as the Letter of Credit Issuer requires of its customers generally, the Agent shall cause the Letter of Credit Issuer from time to time to open trade Agent) a completed application or standby application and agreement for letters of credit (eachin such form, a "Letter of Credit") for the account of the Borrowers; provided that the Letter of Credit Usage shall not at any time exceed $30,000,000; and provided, further, that the face amount of any Letter of Credit that Jitney Jungle may request to be opened at any time shall not exceed an amount equal to (A) the lesser of (i) the Total Commitment at such time and (ii) the Borrowing Base at such time minus (B) the sum of (i) the unpaid principal amount of all Loans outstanding at such time, (ii) and with such advance notice as the Issuing Bank may specify from time to time. Each Letter of Credit Usage at such time shall be either a Standby Letter of Credit or a Documentary Letter of Credit. Subject to the terms and (iii) conditions hereof and in reliance on the reserves then agreements of the other Revolving Credit Lenders set forth in effect under this Section 2.01(c) hereof. The issuance 2.10, the Issuing Bank will issue a Letter of Credit, provided that each Letter of Credit shall be made on at least four Business Days' prior written notice from Jitney Jungle to the Agent, at its Domestic Lending Office, which written notice shall be an application for (A) have a Letter maximum maturity of Credit on the Letter of Credit Issuer's customary form and shall indicate the Borrower for whose account the Letter of Credit is to be issued. The expiration date of any trade Letter of Credit shall not be later than 180 days twelve (12) months from the date of issuance thereof and the expiration date of any standby Letter of Credit shall not be later than 365 days from the date of issuance thereof andissuance, in any eventprovided, no Letter of Credit shall have an expiration date later than the Termination Date. The however, that Documentary Letters of Credit shall be issued with respect of transactions occurring may provide for automatic renewal (but in no event expire later than is set forth in the ordinary course directly following clause (B)) subject to contrary notice given by the Issuing Bank, and (B) in no event expire later than ten (10) Business Days prior to the Expiration Date, and provided that in no event shall (i) the Letters of business Credit Outstanding exceed, at any one time, the Revolving Credit Commitments or (ii) the Revolving Facility Usage exceed, at any one time, the Revolving Credit Commitments. The letters of the Borrowerscredit set forth on Schedule 2.10 are hereby deemed to be Letters of Credit issued hereunder and governed pursuant hereto.

Appears in 1 contract

Samples: Credit Agreement (Tween Brands, Inc.)

Issuance of Letters of Credit. Upon (i) The Borrower shall give the request of Jitney Jungle, Lead Agent and subject to the conditions set forth in Article V hereof and such other conditions to Issuing Bank written notice that it requires the opening of Letters issuance a Letter of Credit as not later than 11:00 a.m. (New York time) on the third (3rd) Domestic Business Day preceding the requested date for issuance thereof under this Agreement. Such notice shall be irrevocable unless and until such request is denied by the applicable Issuing Bank and shall specify (A) that the requested Letter of Credit is either a Commercial Letter of Credit or a Standby Letter of Credit, (B) the stated amount of the Letter of Credit Issuer requires requested, (C) the effective date (which shall be a Domestic Business Day) of its customers generallyissuance of such Letter of Credit, (D) the Agent shall cause the date on which such Letter of Credit Issuer from time is to time to open trade or standby letters expire (which shall be a Domestic Business Day and no later than the earlier of credit (each, a "Letter of Credit") for the account of the Borrowers; provided that the Letter of Credit Usage shall not at any time exceed $30,000,000; and provided, further, that the face amount of any Letter of Credit that Jitney Jungle may request to be opened at any time shall not exceed an amount equal to (A1) the lesser date one (1) year after the date of issuance (iwithout regard to any automatic renewal provisions thereof) and (2) ten (10) Domestic Business Days preceding the scheduled Maturity Date), (E) the Total Commitment at such time and (ii) the Borrowing Base at such time minus (B) the sum of (i) the unpaid principal amount of all Loans outstanding at such time, (ii) the Letter of Credit Usage at such time and (iii) the reserves then in effect under Section 2.01(c) hereof. The issuance of each Letter of Credit shall be made on at least four Business Days' prior written notice from Jitney Jungle to the Agent, at its Domestic Lending Office, which written notice shall be an application for a Letter of Credit on the Letter of Credit Issuer's customary form and shall indicate the Borrower Person for whose account the benefit such Letter of Credit is to be issued. The expiration date , (F) other relevant terms of any trade such Letter of Credit, (G) the amount by which the Available Facility exceeds the Outstanding Balance at such time, and (H) the amount of the then outstanding Letter of Credit Obligations. Such request shall not be later than 180 days from accompanied by a certificate of an officer of the date Borrower certifying that no Default or Event of issuance thereof Default has occurred and is continuing. Notwithstanding anything to the expiration date contrary contained herein, the applicable Issuing Bank shall not, without the consent of the Required Banks, issue or extend or increase the amount of any standby Letter of Credit shall not be later than 365 days from after the date occurrence and during the continuance of issuance thereof and, in any event, no Letter an Event of Credit shall have an expiration date later than the Termination Date. The Letters of Credit shall be issued with respect of transactions occurring in the ordinary course of business of the BorrowersDefault.

Appears in 1 contract

Samples: Revolving Credit Agreement (Cabot Industrial Properties Lp)

Issuance of Letters of Credit. Upon the request of Jitney Junglethe Borrowers, and subject to the conditions set forth in Article V hereof and such other conditions to the opening of Letters of Credit as the Letter of Credit Issuer Agent requires of its customers generally, the Agent shall cause the Letter of Credit Issuer from time to time to open trade or commercial and standby letters of credit (each, a "Letter of Credit") for the account of the Borrowers; provided that , the Letter aggregate undrawn amount of all outstanding Letters of Credit Usage shall not at any time to exceed $30,000,000500,000; and provided, furtherhowever, that the Borrowers may not request the Agent to open a Letter of Credit if after giving effect thereto (measured by the face amount of any such Letter of Credit that Jitney Jungle may request to Credit) Availability would be opened at any time shall not exceed an amount equal to (A) the lesser of (i) the Total Commitment at such time and (ii) the Borrowing Base at such time minus (B) the sum of (i) the unpaid principal amount of all Loans outstanding at such time, (ii) the Letter of Credit Usage at such time and (iii) the reserves then in effect under Section 2.01(c) hereofless than zero. The issuance of each Letter of Credit shall be made on at least four three (3) Business Days' prior written notice from Jitney Jungle the Borrowers to the Agent, at its Domestic Lending Office, which written notice shall be an application for a Letter of Credit on the Letter of Credit IssuerAgent's customary form and shall indicate completed to the Borrower for whose account satisfaction of the Agent, together with the proposed form of the Letter of Credit is (which shall be satisfactory to the Agent) and such other certificates, documents and other papers and information as the Agent may reasonably request. The Agent shall not at any time be issuedobligated to issue any Letter of Credit if such issuance would conflict with, or cause the Agent or any Lender to exceed any limits imposed by, any applicable requirements of law. The expiration date of any trade (i) commercial Letter of Credit shall not be later than 180 90 days from the date of issuance thereof and the expiration date of (ii) any standby Letter of Credit shall not be later than 365 360 days from the date of issuance thereof thereof, and, in any event, no Letter of Credit shall have an expiration date later than the Revolving Credit Termination Date. The Letters of Credit shall be issued with respect of transactions occurring in the ordinary course of business of the Borrowers.

Appears in 1 contract

Samples: Credit Agreement (Airxcel Inc)

Issuance of Letters of Credit. Upon the request of Jitney Jungle, and subject (a) Subject to the limitations on Letters of Credit set forth in Section 2.1(a) above, the Borrower shall be entitled to request the issuance of standby and/or commercial Letters of Credit from time to time from and including the Closing Date to but excluding the date three Business Days prior to the Maturity Date, by giving the Lender a Letter of Credit Request in the form of Exhibit I hereto at least three Business Days before the requested date of issuance of such Letter of Credit (which shall be a Business Day). Any Letter of Credit Request received by the Lender later than 3:00 p.m., Boston time, shall be deemed to have been received on the next Business Day. Each Letter of Credit Request shall be signed by a Responsible Officer, shall be irrevocable and shall be effective upon receipt by the Lender. Provided that a valid Letter of Credit Request has been received by the Lender and upon fulfillment of the other applicable conditions set forth in Article V hereof and such other conditions to the opening of Letters of Credit as the Letter of Credit Issuer requires of its customers generallySection 5.2 hereof, the Agent shall cause Lender will issue the Letter of Credit Issuer from time to time to open trade or standby letters of credit (each, a "requested Letter of Credit") for the account of the Borrowers; provided that the Letter of Credit Usage shall not at any time exceed $30,000,000; and provided, further, that the face amount of any Letter of Credit that Jitney Jungle may request to be opened at any time shall not exceed an amount equal to (A) the lesser of (i) the Total Commitment at such time and (ii) the Borrowing Base at such time minus (B) the sum of (i) the unpaid principal amount of all Loans outstanding at such time, (ii) the Letter of Credit Usage at such time and (iii) the reserves then in effect under Section 2.01(c) hereof. The issuance of each Letter of Credit shall be made on at least four Business Days' prior written notice from Jitney Jungle to the Agent, at its Domestic Lending Office, which written notice shall be an application for a Letter of Credit on the Letter of Credit Issuer's customary form and shall indicate the Borrower for whose account the Letter of Credit is to be issued. The expiration date of any trade Letter of Credit shall not be later than 180 days from the date of issuance thereof and the expiration date of any standby Letter of Credit shall not be later than 365 days from the date of issuance thereof and, in any event, no Each Letter of Credit shall have an expiration date as set forth in the Letter of Credit Request, provided that no Letter of Credit shall in any event have an expiration date later than the Termination earlier of (i) one year after the issuance thereof and (ii) two Business Days prior to the Maturity Date. The Letters of Credit shall be issued with respect of transactions occurring in the ordinary course of business of the Borrowers.

Appears in 1 contract

Samples: Revolving Credit Agreement (Seracare Life Sciences Inc)

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Issuance of Letters of Credit. Upon From and including the request Closing Date, the Agent or, with the approval of Jitney Junglethe Borrower, and subject to any Lender (the conditions set forth in Article V hereof and such other conditions to the opening of “Issuing Lender”) shall issue one or more Letters of Credit as for the account of the Borrower or any of its Subsidiaries, pursuant to the Issuing Lender’s standard form of application for letters of credit. The aggregate face amount of all outstanding Letters of Credit (i) shall constitute a portion of the Aggregate Loan Commitments (thereby reducing the Revolving Loan Commitments available for Revolving Loans on a dollar-for-dollar basis), and (ii) shall not exceed $150,000,000. If the expiry date of a Letter of Credit is initially after the Revolving Loan Termination Date, and if the Revolving Loan Termination Date is not extended to a date after the expiry date of the Letter of Credit Issuer requires of its customers generallyCredit, then the Agent shall Borrower shall, not later than five Business Days prior to the Revolving Loan Termination Date, either cause the Letter of Credit Issuer from time to time be returned to open trade the Issuing Lender, or standby letters of credit (each, a "Letter of Credit") for the account of the Borrowers; provided that secure the Letter of Credit Usage shall not at any time exceed $30,000,000; and providedby delivering to the Issuing Lender, furtherfor the benefit of the Lenders, that one of the following: (i) cash in an amount equal to 105% of the face amount of any Letter of Credit that Jitney Jungle may request to be opened at any time shall not exceed an amount equal to (A) the lesser of (i) the Total Commitment at such time and (ii) the Borrowing Base at such time minus (B) the sum of (i) the unpaid principal amount of all Loans outstanding at such time, (ii) the Letter of Credit Usage at such time and (iii) the reserves then in effect under Section 2.01(c) hereof. The issuance of each Letter of Credit which shall be made on at least four Business Days' prior written notice from Jitney Jungle to the Agent, at its Domestic Lending Office, which written notice shall be an application for a Letter of Credit on the Letter of Credit Issuer's customary form and shall indicate the Borrower for whose account held in pledge until the Letter of Credit is paid or expires without being drawn upon; or (ii) a backup letter of credit issued by a financial institution acceptable to be issued. The expiration date the Agent and the Issuing Lender in their sole discretion, for the benefit of any trade the Issuing Lender, in the face amount of the Letter of Credit shall not be later than 180 days from and on terms satisfactory to the date of issuance thereof Agent and the expiration date of any standby Letter of Credit shall not be later than 365 days from the date of issuance thereof and, in any event, no Letter of Credit shall have an expiration date later than the Termination Date. The Letters of Credit shall be issued with respect of transactions occurring in the ordinary course of business of the BorrowersIssuing Lender.

Appears in 1 contract

Samples: Credit Agreement (Superior Energy Services Inc)

Issuance of Letters of Credit. Upon Borrower may request the request issuance of Jitney Jungle, and subject to the conditions set forth in Article V hereof and such other conditions to the opening of Letters of Credit as the Letter of Credit Issuer requires of its customers generally, the Agent shall cause the Letter of Credit Issuer from time to time to open trade or standby letters a letter of credit (each, each a "Letter of Credit") on behalf of itself for its benefit or for the account benefit of another Loan Party or any Subsidiary of a Loan Party by delivering to the Borrowers; provided that Issuing Bank selected by the Letter Borrower (with a copy to the Agent) a completed application or application and agreement for letters of Credit Usage shall not at any time exceed $30,000,000; and providedcredit in such form, further, that the face amount of any Letter of Credit that Jitney Jungle may request to be opened at any time shall not exceed an amount equal to (A) the lesser of (i) the Total Commitment at such time and (ii) the Borrowing Base at such time minus (B) the sum of (i) the unpaid principal amount of all Loans outstanding at such time, (ii) and with such advance notice as the Issuing Bank may specify from time to time. Each Letter of Credit Usage at such time shall be either a Standby Letter of Credit or a Documentary Letter of Credit. Subject to the terms and (iii) conditions hereof and in reliance on the reserves then agreements of the other Lenders set forth in effect under this Section 2.01(c) hereof. The issuance 2.10, the Issuing Bank will issue a Letter of Credit, provided that each Letter of Credit shall be made on at least four Business Days' prior written notice from Jitney Jungle to the Agent, at its Domestic Lending Office, which written notice shall be an application for (A) have a Letter maximum maturity of Credit on the Letter of Credit Issuer's customary form and shall indicate the Borrower for whose account the Letter of Credit is to be issued. The expiration date of any trade Letter of Credit shall not be later than 180 days twelve (12) months from the date of issuance thereof and the expiration date of any standby Letter of Credit shall not be later than 365 days from the date of issuance thereof andissuance, in any eventprovided, no Letter of Credit shall have an expiration date later than the Termination Date. The however, that Documentary Letters of Credit shall be issued with respect of transactions occurring may provide for automatic renewal (but in no event expire later than is set forth in the ordinary course directly following Clause (B)) subject to contrary notice given by the Issuing Bank, and (B) in no event expire later than ten (10) Business Days prior to the Expiration Date, and provided that in no event shall (i) the Letters of business Credit Outstanding exceed, at any one time, the Revolving Credit Commitments or (ii) the Revolving Facility Usage exceed, at any one time, the Revolving Credit Commitments. The letters of the Borrowerscredit set forth on Schedule 2.10 are hereby deemed to be Letters of Credit issued hereunder and governed pursuant hereto.

Appears in 1 contract

Samples: Credit Agreement (Too Inc)

Issuance of Letters of Credit. Upon (a) Prior to the date hereof Lender has issued for the account of Borrower those certain Letters of Credit set forth on Exhibit 2.1A hereto (the "Existing Letters of Credit"). The Existing Letters of Credit shall be subject to the same terms and conditions of this Agreement affecting Letters of Credit (as defined below). In addition, Lender shall from time to time, until August 15, 1997 (such date, or such later date as may be determined by Lender in its sole and absolute discretion upon the prior written request of Borrower, the "Letter of Credit Maturity Date"), upon the request of Jitney JungleBorrower, if the applicable conditions precedent specified in subsections 3.1(b) and 3.1(c) and subsections 3.2(b), 3.2(c), and subject 3.2(e) shall have been satisfied with respect to the conditions set forth in Article V hereof and such other conditions to the opening of Letters of Credit as the requested Letter of Credit Issuer requires Credit, issue either documentary letters of its customers generally, the Agent shall cause the Letter of Credit Issuer from time to time to open trade credit or standby letters of credit (each, a "Letter Letters of Credit") for in the account name of the Borrowers; provided that the Borrower on behalf of any of its wholly-owned Subsidiaries. The Letter of Credit Usage shall not at any time exceed $30,000,000; and provided, further, that Exposure plus the face amount outstanding principal balance of any Letter of Credit that Jitney Jungle may request to be opened at any time Advances shall not exceed an amount equal to FIFTEEN MILLION DOLLARS (A) $15,000,000). Except in connection with the lesser Existing Letters of (i) the Total Commitment at such time and (ii) the Borrowing Base at such time minus (B) the sum of (i) the unpaid principal amount of all Loans outstanding at such timeCredit, (ii) the Letter of Credit Usage at such time and (iii) the reserves then in effect under Section 2.01(c) hereof. The issuance of each Letter of Credit shall have a term not to exceed the Letter of Credit Maturity Date, provided that Letters of Credit with an aggregate undrawn face amount of up to $5,000,000 may have expiry dates through, but not after, August 15, 1998 and shall be made on at least four Business Days' prior in such form as Lender may from time to time approve. Borrower shall give Lender irrevocable written notice from Jitney Jungle to (in the Agent, at its Domestic Lending Office, which written notice shall be an application form set forth in Exhibit 2.1B hereto) of a request for the issuance of a Letter of Credit on the (a "Letter of Credit Issuer's customary form Request"), which shall be accompanied by a duly completed and shall indicate the Borrower for whose account the executed Letter of Credit is to be issued. The expiration Application at least four (4) Business Days before the requested date of issuance of any trade such Letter of Credit, which requested date shall be a Business Day. Any Letter of Credit shall not be later than 180 days from the date of issuance thereof and the expiration date of any standby Letter of Credit shall not be later than 365 days from the date of issuance thereof and, in any event, no Letter of Credit shall have an expiration date later than the Termination Date. The Letters of Credit issued hereunder shall be issued with respect governed by the terms and conditions of transactions occurring in the ordinary course of business of the Borrowers.the

Appears in 1 contract

Samples: Credit Agreement (Powell Industries Inc)

Issuance of Letters of Credit. Upon the request of Jitney Junglethe Borrowers, and subject to the conditions set forth in Article V hereof and such other conditions to the opening of Letters of Credit as the Letter of Credit Issuer Agent reasonably requires of its customers generally, the Agent shall cause the Letter of Credit Issuer from time to time to open trade or commercial and standby letters of credit (each, a "Letter of Credit") for the account of the Borrowers; provided that , the Letter aggregate undrawn amount of all outstanding Letters of Credit Usage shall not at any time to exceed $30,000,00010,000,000; and provided, furtherhowever, that neither Borrower may request the Agent to open a Letter of Credit if after giving effect thereto (measured by the face amount of any such Letter of Credit that Jitney Jungle may request to Credit) Availability would be opened at any time less than zero (or so long as Section 7.09(c) shall not exceed an amount equal to (A) the lesser of (i) the Total Commitment at such time and (ii) the Borrowing Base at such time minus (B) the sum of (i) the unpaid principal amount of all Loans outstanding at such timeremain in effect, (ii) the Letter of Credit Usage at such time and (iii) the reserves then in effect under Section 2.01(c) hereof$10,000,000). The issuance of each Letter of Credit shall be made on at least four three Business Days' prior written notice from Jitney Jungle the Borrowers to the Agent, at its Domestic Lending Office, which written notice shall be an application for a Letter of Credit on the Letter of Credit IssuerAgent's customary form and shall indicate completed to the Borrower for whose account reasonable satisfaction of the Agent, together with the proposed form of the Letter of Credit is (which shall be reasonably satisfactory to the Agent) and such other certificates, documents and other papers and information as the Agent may reasonably request. The Agent shall not at any time be issuedobligated to issue any Letter of Credit if such issuance would conflict with any applicable provisions of law or cause the Agent or any Lender to exceed any limits imposed by any Lender's Revolving Credit Commitment or the Letter of Credit sublimit. The expiration date of any trade (i) commercial Letter of Credit shall not be later than 180 days from the date of issuance thereof and the expiration date of (ii) any standby Letter of Credit shall not be later than 365 days from the date of issuance thereof thereof, and, in any event, no Letter of Credit shall have an expiration date later than 30 days prior to the Revolving Credit Termination Date. The Letters of Credit shall be issued with respect of transactions occurring in the ordinary course of business of the Borrowers.

Appears in 1 contract

Samples: Security Agreement (Manischewitz B Co LLC)

Issuance of Letters of Credit. Upon the request of Jitney Junglethe Borrowers, and subject to the conditions set forth in Article V hereof and such other conditions to the opening of Letters of Credit as the Letter of Credit Issuer Agent requires of its customers generally, the Agent shall cause the Letter of Credit Issuer from time to time to open trade or standby and commercial letters of credit (each, a "Letter of Credit") for the account of the Borrowers; provided that , the Letter aggregate undrawn amount of all outstanding Letters of Credit Usage shall not at any time to exceed $30,000,0001,000,000; and provided, further, provided however that the face amount of any Letter of Credit that Jitney Jungle the Borrowers may request the Agent to be opened open at any time shall not exceed an amount equal to the lesser of (A) the lesser of (i) the Total Revolving Credit Commitment at such time (as such may have been reduced in accordance with the terms of this Agreement) minus the unpaid principal amount of all Revolving Credit Loans outstanding at such time minus the undrawn amount of all outstanding Letters of Credit at such time, and (iiB) the Borrowing Base at such time minus (B) the sum of (i) the unpaid principal amount of all Revolving Credit Loans outstanding at such time, (ii) time minus the Letter undrawn amount of all outstanding Letters of Credit Usage at such time and (iii) the reserves then in effect under Section 2.01(c) hereoftime. The issuance of each Letter of Credit shall be made on at least four 5 Business Days' prior written notice from Jitney Jungle the Borrowers to the Agent, at its Domestic Lending Office, which written notice shall be an application for a Letter of Credit on the Agent's customary form. The Agent shall not at any time be obligated to issue any Letter of Credit Issuer's customary form and shall indicate if such issuance would conflict with, or cause the Borrower for whose account the Letter Agent or any lender to exceed any limits imposed by, any applicable requirements of Credit is to be issuedlaw. The expiration date of any trade (i) commercial Letter of Credit shall not be later than 180 days six (6) months from the date of issuance thereof and the expiration date of any (ii) standby Letter of Credit shall not be later more than 365 days twelve (12) months from the date of issuance thereof thereof, and, in any event, no Letter of Credit shall have an expiration date later than the Revolving Credit Termination Date. The Letters of Credit shall be issued with respect of transactions occurring in the ordinary course of business of the Borrowers.

Appears in 1 contract

Samples: Credit Agreement (Isolyser Co Inc /Ga/)

Issuance of Letters of Credit. Upon Subject to the request terms and conditions of Jitney Jungle, this Agreement and the Letter of Credit Agreements and subject to the conditions set forth policies, procedures, and requirements of Lender in Article V hereof and such other conditions effect from time to the opening time for issuance of Letters of Credit as the Letter (including, without limitation, payment of Credit Issuer requires letter of its customers generallycredit fees), the Agent shall cause the Letter of Credit Issuer Lender agrees to issue, from time to time to open trade on or standby letters before the Conversion Date, Letters of credit (each, a "Letter of Credit") Credit upon request by and for the account of the Borrowers; Melody, provided that the as to each requested Letter of Credit Usage shall not at any time exceed $30,000,000; Melody has delivered to Lender a completed and provided, further, that the face amount of any executed Letter of Credit Agreement, and provided further that Jitney Jungle may request to be opened at any time shall not exceed an amount equal to (A) the lesser of (i) the Total Commitment at such time and Letters of Credit shall not be required to be issued for a term of more than twenty-four (24) months, (ii) the Borrowing Base at date that is the last date for payment of drafts drawn or drawn and accepted under a requested Letter of Credit is before the Expiration Date, and (iii) the requested Letter of Credit relates to a Lender financed Subdivision. Each reference in this Agreement to "issue" or "issuance" or other forms of such time minus (B) words in relation to Letters of Credit shall also include any extension or renewal of a Letter of Credit. Upon occurrence and during the continuance of an Event of Default, Lender, in its absolute and sole discretion and without notice, may suspend or terminate the commitment to issue Letters of Credit. Notwithstanding the foregoing, the sum of (i) the unpaid principal amount stated amounts of all Loans outstanding at such time, Letters of Credit and (ii) the all unpaid Reimbursement Amounts shall not exceed Three Million and No/100 Dollars ($3,000,000.00). Lender shall not be obligated to issue any Letter of Credit Usage at such time and (iii) with an automatic renewal or "evergreen" provision. All of Melody's obligations under the reserves then in effect under Section 2.01(c) hereof. The issuance of each Letter of Credit shall be made on at least four Business Days' prior written notice from Jitney Jungle to the Agent, at its Domestic Lending Office, which written notice shall be an application for a Letter of Credit on the Letter of Credit Issuer's customary form and shall indicate the Borrower for whose account the Letter of Credit is to be issued. The expiration date of any trade Letter of Credit shall not be later than 180 days from the date of issuance thereof and the expiration date of any standby Letter of Credit shall not be later than 365 days from the date of issuance thereof and, in any event, no Letter of Credit shall have an expiration date later than the Termination Date. The Letters of Credit shall be issued with respect of transactions occurring in secured by the ordinary course of business of the BorrowersCollateral.

Appears in 1 contract

Samples: Loan Agreement (Schuler Homes Inc)

Issuance of Letters of Credit. Upon the request of Jitney Jungle, and subject The Company shall give written notice to the conditions set forth in Article V hereof and such other conditions to the opening of Letters of Credit as the Letter of Credit Issuer requires of its customers generally, the Agent shall cause the Letter of Credit Issuer from time to time to open trade or standby letters of credit (each, a "Letter of Credit") for the account of the Borrowers; provided that the Letter of Credit Usage shall not at any time exceed $30,000,000; and provided, further, that the face amount of any Letter of Credit that Jitney Jungle may request to be opened at any time shall not exceed an amount equal to (A) the lesser of (i) the Total Commitment at such time and (ii) the Borrowing Base at such time minus (B) the sum of (i) the unpaid principal amount of all Loans outstanding at such time, (ii) the Letter of Credit Usage at such time and (iii) the reserves then in effect under Section 2.01(c) hereof. The proposed issuance of each Letter of Credit shall be made on a Business Day which is at least four one Business Days' Day (or such lesser period as the Issuer may agree) prior written notice from Jitney Jungle to the Agent, at its Domestic Lending Office, which written proposed date of issuance of such Letter of Credit. Each such notice shall be an application for accompanied by a Letter of Credit on Application, duly executed by the Company (or jointly by the Company and a Subsidiary) and in all respects reasonably satisfactory to the Issuer, together with such other documentation as the Issuer may reasonably request in support thereof, it being understood that each Letter of Credit Issuer's customary form and Application shall indicate specify, among other things, the Borrower for whose account date on which the proposed Letter of Credit is to be issued. The , the expiration date of any trade such Letter of Credit (which shall not be later than 180 22 days from prior to the date Termination Date), the face amount of issuance thereof and such Letter of Credit, the expiration date of any standby currency in which such Letter of Credit is to be denominated (which shall not be later than 365 days from an Available Currency) the date name and address of issuance thereof and, in any event, no the beneficiary of such Letter of Credit and whether such Letter of Credit is to be transferable in whole or in part. Subject to the satisfaction of the conditions precedent set forth in SECTION 11 with respect to the issuance of such Letter of Credit, the Issuer shall issue such Letter of Credit on the requested issuance date. With respect to any Letter of Credit which contains any "evergreen" or automatic renewal provision, each Bank shall be deemed to have consented to any such extension or renewal unless any such Bank shall have an expiration provided to the Agent, not less than 30 days prior to the last date later than on which the Termination Date. The Letters Issuer can in accordance with the terms of the applicable Letter of Credit shall be issued with respect decline to extend or renew such Letter of transactions occurring in the ordinary course of business of the BorrowersCredit, written notice that it declines to consent to any such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Layne Christensen Co)

Issuance of Letters of Credit. Upon the request of Jitney Jungle, and subject Subject to the terms and conditions set forth in Article V hereof and such other conditions hereof, the Issuing Bank agrees to the opening of issue Letters of Credit as the Letter of Credit Issuer requires of its customers generally, the Agent shall cause the Letter of Credit Issuer from time to time to open trade or standby letters of credit (each, a "Letter of Credit") for the account of the Borrowers; provided that Borrower or any of its Subsidiaries in the aggregate amount which, when combined with the Dollar Equivalent of the aggregate face amount of Existing Letters of Credit, does not exceed the Letter of Credit Usage shall not at any time exceed $30,000,000Sublimit; and provided, further, that the face amount of any (i) each Letter of Credit that Jitney Jungle may request to (other than the Existing Letters of Credit) shall be opened at any time shall not exceed denominated in Dollars or an amount equal to (A) the lesser of (i) the Total Commitment at such time and Alternative Currency; (ii) the Borrowing Base at such time minus (B) the sum of (i) the unpaid principal stated amount of all Loans outstanding at such time, (ii) the Letter of Credit Usage at such time and (iii) the reserves then in effect under Section 2.01(c) hereof. The issuance of each Letter of Credit (other than the Existing Letters of Credit) shall not be made on at least four Business Days' prior written notice from Jitney Jungle less than $500,000 (or the Dollar Equivalent thereof if issued in an Alternative Currency) or such lesser amount as is acceptable to the AgentIssuing Bank; (iii) after giving effect to such issuance, at its Domestic Lending Office, which written notice in no event shall the amount of Cash and Cash Equivalents on deposit in the Term Loan LC Collateral Account be an application for a less than 103% of the Dollar Equivalent of the amount available to be drawn under all Letters of Credit (including the Existing Letters of Credit); (iv) in no event shall any Letter of Credit on (other than the Letter Existing Letters of Credit Issuer's customary form and shall indicate the Borrower for whose account the Letter of Credit is to be issued. The Credit) have an expiration date of any trade Letter of Credit shall not be later than 180 days from the date of issuance thereof Closing Date; and the expiration date of any standby (v) in no event shall a Letter of Credit shall not be later than 365 days from the date of issuance thereof and, in any event, no issued if such Letter of Credit is not in a form acceptable to the Issuing Bank in its reasonable discretion. Subject to the foregoing, the Issuing Bank shall have an expiration date later than the Termination Date. The Letters not extend any such Letter of Credit shall be issued with respect of transactions occurring in if it has received written notice from the ordinary course of business Administrative Agent, acting on behalf of the BorrowersRequisite Banks, that an Event of Default has occurred and is continuing.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Xerium Technologies Inc)

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