Common use of Issuance Requests Clause in Contracts

Issuance Requests. By delivering to the Canadian Administrative Agent and the applicable Issuer an Issuance Request on or before 11:30 a.m., Toronto, Ontario time, the Borrower may request, from time to time prior to the Revolving Loan Commitment Termination Date and on not less than three nor more than ten Business Days' notice, that such Issuer issue an irrevocable standby letter of credit in such form as may be mutually agreed to by the Borrower and such Issuer (each a "Letter of Credit"), in support of financial and performance obligations of the Borrower incurred in the Borrower's ordinary course of business and which are described in such Issuance Request. Upon receipt of an Issuance Request, the Canadian Administrative Agent shall promptly notify the Lenders thereof. Each Letter of Credit shall by its terms: (a) be issued in a Stated Amount which (i) together with all Letter of Credit Outstandings does not exceed the Letter of Credit Sublimit, or (ii) together with all Letter of Credit Outstandings and all outstanding Loans does not exceed (or would not exceed) the Canadian Borrowing Base as of such date; and (b) be stated to expire on a date (its "Stated Expiry Date") no later than the earlier of (i) one year from its date of issuance and (ii) the Revolving Loan Commitment Termination Date. So long as no Default has occurred and is continuing, by delivery to the applicable Issuer and the Canadian Administrative Agent of an Issuance Request at least three but not more than ten Business Days prior to the Stated Expiry Date of any Letter of Credit, the Borrower may request such Issuer to extend the Stated Expiry Date of such Letter of Credit for an additional period not to exceed the earlier of one year from its date of extension and the Revolving Loan Commitment Termination Date.

Appears in 1 contract

Samples: Credit Agreement (Markwest Hydrocarbon Inc)

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Issuance Requests. By delivering to the Canadian Administrative Agent and the applicable Issuer an Issuance Request on or before 11:30 a.m., Toronto, Ontario time, the Borrower may request, from time to time prior to the Revolving Loan Commitment Termination Date and on not less than three nor more than ten Business Days' notice, that such Issuer issue an irrevocable standby letter of credit in such form as may be mutually agreed to by the Borrower and such Issuer (each a "Letter of CreditLETTER OF CREDIT"), in support of financial and performance obligations of the Borrower incurred in the Borrower's ordinary course of business and which are described in such Issuance Request. Upon receipt of an Issuance Request, the Canadian Administrative Agent shall promptly notify the Lenders thereof. Each Letter of Credit shall by its terms: (a) be issued in a Stated Amount which (i) together with all Letter of Credit Outstandings does not exceed the Letter of Credit Sublimit, or (ii) together with all Letter of Credit Outstandings and all outstanding Loans does not exceed (or would not exceed) the Canadian Borrowing Base Revolving Loan Commitment Amount as of such datedate (as such amount is reduced and is scheduled to reduce prior to the Stated Expiry Date pursuant to SECTION 2.2); and (b) be stated to expire on a date (its "Stated Expiry DateSTATED EXPIRY DATE") no later than the earlier of (i) one year from its date of issuance and (ii) the Revolving Loan Commitment Termination Date. So long as no Default has occurred and is continuing, by delivery to the applicable Issuer and the Canadian Administrative Agent of an Issuance Request at least three but not more than ten Business Days prior to the Stated Expiry Date of any Letter of Credit, the Borrower may request such Issuer to extend the Stated Expiry Date of such Letter of Credit for an additional period not to exceed the earlier of one year from its date of extension and the Revolving Loan Commitment Termination Date.

Appears in 1 contract

Samples: Credit Agreement (Markwest Hydrocarbon Inc)

Issuance Requests. By delivering to the Canadian Administrative Agent and the applicable Issuer an Issuance Request on or before 11:30 a.m., Toronto, Ontario Central time, the Borrower may request, from time to time prior to the Revolving Loan Commitment Termination Date and on not less than three nor more than ten Business Days' notice, that such Issuer issue an irrevocable standby letter of credit in such form as may be mutually agreed to by the Borrower and such Issuer (each a "Letter of Credit"), in support of financial and performance obligations of the Borrower incurred in the Borrower's ordinary course of business and which are described in such Issuance Request. Upon receipt of an Issuance Request, the Canadian Administrative Agent shall promptly notify the Lenders thereof. Each Letter of Credit shall by its terms: (a) be issued in a Stated Amount Amount, which (i) together with all Letter of Credit Outstandings Outstandings, does not exceed the Letter of Credit Sublimit, or (ii) together with all Letter of Credit Outstandings and all outstanding Loans Loans, does not exceed (or would not exceed) the Canadian Borrowing Base Revolving Loan Commitment Amount as of such datedate (as such amount is reduced and is scheduled to reduce prior to the Stated Expiry Date pursuant to Section 2.2); and (b) be stated to expire on a date (its "Stated Expiry Date") no later than the earlier of (i) one year from its date of issuance and (ii) the Revolving Loan Commitment Termination Date. So long as no Default has occurred and is continuing, by delivery to the applicable Issuer and the Canadian Administrative Agent of an Issuance Request at least three but not more than ten Business Days prior to the Stated Expiry Date of any Letter of Credit, the Borrower may request such Issuer to extend the Stated Expiry Date of such Letter of Credit for an additional period not to exceed the earlier of one year from its date of extension and the Revolving Loan Commitment Termination Date.

Appears in 1 contract

Samples: Credit Agreement (Markwest Hydrocarbon Inc)

Issuance Requests. By delivering to the Canadian Administrative Agent and the applicable Issuer an Issuance Request on or before 11:30 a.m., Toronto, Ontario Central time, the Borrower may request, from time to time prior to the Revolving Loan Commitment Termination Date and on not less than three nor more than ten Business Days' notice, that such Issuer issue an irrevocable standby letter of credit in such form as may be mutually agreed to by the Borrower and such Issuer (each a "Letter of CreditLETTER OF CREDIT"), in support of financial and performance obligations of the Borrower incurred in the Borrower's ordinary course of business and which are described in such Issuance Request. Upon receipt of an Issuance Request, the Canadian Administrative Agent shall promptly notify the Lenders thereof. Each Letter of Credit shall by its terms: (a) be issued in a Stated Amount which (i) together with all Letter of Credit Outstandings does not exceed the Letter of Credit Sublimit, or (ii) together with all Letter of Credit Outstandings and all outstanding Loans does not exceed (or would not exceed) the Canadian Borrowing Base then Commitment Amount (as of such dateamount is reduced and is scheduled to reduce pursuant to Section 2.2); and (b) be stated to expire on a date (its "Stated Expiry DateSTATED EXPIRY DATE") no later than the earlier of (i) of one year from its date of issuance and (ii) the Revolving Loan Commitment Termination Date. So long as no Default has occurred and is continuing, by delivery to the applicable Issuer and the Canadian Administrative Agent of an Issuance Request at least three but not more than ten Business Days prior to the Stated Expiry Date of any Letter of Credit, the Borrower may request such Issuer to extend the Stated Expiry Date of such Letter of Credit for an additional period not to exceed the earlier of one year from its date of extension and the Revolving Reducing Loan Commitment Termination Date.

Appears in 1 contract

Samples: Credit Agreement (Markwest Hydrocarbon Inc)

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Issuance Requests. By delivering to the Canadian Administrative Agent and the applicable Issuer an Issuance Request on or before 11:30 a.m., Toronto, Ontario Central time, the Borrower may request, from time to time prior to the Revolving Loan Commitment Termination Date and on not less than three nor more than ten Business Days' notice, that such Issuer issue an irrevocable standby letter of credit in such form as may be mutually agreed to by the Borrower and such Issuer (each a "Letter of CreditLETTER OF CREDIT"), in support of financial and performance obligations of the Borrower incurred in the Borrower's ordinary course of business and which are described in such Issuance Request. Upon receipt of an Issuance Request, the Canadian Administrative Agent shall promptly notify the Lenders thereof. Each Letter of Credit shall by its terms: (a) be issued in a Stated Amount Amount, which (i) together with all Letter of Credit Outstandings Outstandings, does not exceed the Letter of Credit Sublimit, or (ii) together with all Letter of Credit Outstandings and all outstanding Loans Loans, does not exceed (or would not exceed) the Canadian Borrowing Base Revolving Loan Commitment Amount as of such datedate (as such amount is reduced and is scheduled to reduce prior to the Stated Expiry Date pursuant to SECTION 2.2); and (b) be stated to expire on a date (its "Stated Expiry DateSTATED EXPIRY DATE") no later than the earlier of (i) one year from its date of issuance and (ii) the Revolving Loan Commitment Termination Date. So long as no Default has occurred and is continuing, by delivery to the applicable Issuer and the Canadian Administrative Agent of an Issuance Request at least three but not more than ten Business Days prior to the Stated Expiry Date of any Letter of Credit, the Borrower may request such Issuer to extend the Stated Expiry Date of such Letter of Credit for an additional period not to exceed the earlier of one year from its date of extension and the Revolving Loan Commitment Termination Date.

Appears in 1 contract

Samples: Credit Agreement (Markwest Hydrocarbon Inc)

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