Common use of Issuance Clause in Contracts

Issuance. The LC Issuer hereby agrees, on the terms and conditions set forth in this Agreement, to issue standby and commercial Letters of Credit in Agreed Currencies (each, a “Facility LC”) and to renew, extend, increase, decrease or otherwise modify each Facility LC (“Modify,” and each such action a “Modification”), from time to time from and including the date of this Agreement and prior to the Facility Termination Date upon the request of a Borrower; provided that immediately after each such Facility LC is issued or Modified, (i) the aggregate amount of the outstanding LC Obligations shall not exceed $25,000,000 and (ii) the Aggregate Outstanding Credit Exposure shall not exceed the Aggregate Commitment. No Facility LC shall have an expiry date later than the earlier of (x) the fifth Business Day prior to the Facility Termination Date and (y) one year after its issuance; provided that any Facility LC with an expiry date one year after its issuance may provide for renewal for additional one-year periods (which shall in no event extend beyond the date referred to in clause (x) above).

Appears in 3 contracts

Samples: Credit Agreement (Modine Manufacturing Co), Credit Agreement (Modine Manufacturing Co), Credit Agreement (Modine Manufacturing Co)

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Issuance. The LC Issuer hereby agrees, on the terms and conditions set forth in this Agreement, to issue standby and commercial Letters letters of Credit in Agreed Currencies credit (each, together with the Existing Letter of Credit, a “Facility LC”) and to renew, extend, increase, decrease or otherwise modify each Facility LC (“Modify,” and each such action a “Modification”), from time to time from and including the date of this Agreement and prior to the Facility Termination Date upon the request of a the Borrower; provided that immediately after each such Facility LC is issued or Modified, (i) the aggregate amount of the outstanding LC Obligations shall not exceed $25,000,000 50,000,000 and (ii) the Aggregate Outstanding Credit Exposure shall not exceed the Aggregate Commitment. No Facility LC shall have an expiry date later than one year after the earlier of (x) issuance thereof; provided that if such expiry date is after the fifth Business Day prior to the Facility Termination Date and (y) one year after its issuance; provided that any Date, Borrower shall deposit in the Facility LC with Collateral Account on such fifth Business Day immediately available funds in an expiry date one year after its issuance may provide for renewal for additional one-year periods (which shall in no event extend beyond amount equal to or greater than the date referred to in clause (x) above)undrawn amount of such Facility LC.

Appears in 2 contracts

Samples: Credit Agreement (Cimarex Energy Co), Credit Agreement (Cimarex Energy Co)

Issuance. The LC Issuer hereby agrees, on the terms and conditions set forth in this Agreement, to issue standby and commercial Letters of Credit in Agreed Currencies (each, a “Facility LC”) and to renew, extend, increase, decrease or otherwise modify each Facility LC (“Modify,” and each such action action, a “Modification”), from time to time from and including the date of this Agreement and prior to the Facility Revolving Loan Termination Date upon the request of a the Borrower; provided that that, immediately after each such Facility LC is issued or Modified, (i) the aggregate amount of the outstanding LC Obligations shall not exceed $25,000,000 5,000,000 and (ii) the Aggregate Outstanding Revolving Credit Exposure shall not exceed the Adjusted Available Aggregate Revolving Loan Commitment. No Facility LC shall have an expiry date later than the earlier of (x) the fifth fifteenth Business Day prior to the Facility Revolving Loan Termination Date and (y) one year after its issuance; provided that any Facility LC with an expiry date one a one-year after its issuance term may provide for the renewal thereof for additional one-year periods (which shall in no event shall extend beyond the date referred to in the preceding clause (x) above)).

Appears in 2 contracts

Samples: Credit Agreement (Encore Capital Group Inc), Credit Agreement (Encore Capital Group Inc)

Issuance. The LC Issuer hereby agrees, on the terms and conditions set forth in this Agreement, to issue standby and commercial Letters letters of Credit in Agreed Currencies credit (each, a “Facility LC”) and to renew, extend, increase, decrease or otherwise modify each Facility LC (“Modify,” and each such action a “Modification”), from time to time from and including the date of this Agreement and prior to the Facility Termination Date upon the request of a the Borrower; provided that immediately after each such Facility LC is issued or Modified, (i) the aggregate amount of the outstanding LC Obligations shall not exceed $25,000,000 5,000,000 and (ii) the Aggregate Outstanding Credit Exposure shall not exceed the Aggregate Commitment. No Facility LC shall have an expiry date later than the earlier of (xA) the fifth Business Day prior to the Facility Termination Date and (yB) one year after the date of its issuance; , provided that any Facility LC with an expiry date one a one-year after its issuance tenor may provide for the renewal thereof for additional one-year periods (which shall in periods, so long as no event extend such period extends beyond the date referred fifth Business Day prior to in clause (x) above)the Facility Termination Date.

Appears in 2 contracts

Samples: Credit Agreement (Aristotle Corp), Credit Agreement

Issuance. The LC Issuer hereby agrees, on the terms and conditions set forth in this Agreement, to issue standby and commercial Letters of Credit in Agreed Currencies (each, a "Facility LC") and to renew, extend, increase, decrease or otherwise modify each Facility LC ("Modify," and each such action a "Modification"), from time to time from and including the date of this Agreement and prior to the Facility Termination Date upon the request of a the Borrower; provided that immediately after each such Facility LC is issued or Modified, (i) the aggregate amount of the outstanding LC Obligations shall not exceed $25,000,000 and (ii) the Aggregate Outstanding Credit Exposure shall not exceed the Aggregate Commitment. No Facility LC shall have an expiry date later than the earlier of (x) the fifth Business Day prior to the Facility Termination Date and (y) one year after its issuance; provided that any Facility LC with an expiry date one year after its issuance may provide for renewal for additional one-year periods (which shall in no event extend beyond the date referred to in clause (x) above).

Appears in 2 contracts

Samples: Credit Agreement (Modine Manufacturing Co), Credit Agreement (Modine Manufacturing Co)

Issuance. The LC Issuer hereby agrees, on the terms and conditions set forth in this Agreement, to issue standby and commercial Letters of Credit in Agreed Currencies Dollars (each, a "Facility LC") and to renew, extend, increase, decrease or otherwise modify each Facility LC ("Modify," and each such action a "Modification"), from time to time from and including the date of this Agreement and prior to the Facility Termination Date upon the request of a the Borrower; provided that immediately after each such Facility LC is issued or Modified, (i) the aggregate amount of the outstanding LC Obligations shall not exceed $25,000,000 20,000,000 and (ii) the Aggregate Outstanding Credit Exposure shall not exceed the Aggregate Commitment. No Facility LC shall have an expiry date later than the earlier of (x) the fifth Business Day prior to eighteen months after its issuance and any Facility LC having an expiry date beyond the Facility Termination Date and (y) one year after its issuance; provided that any must be fully collateralized by cash in the Facility LC with an expiry date one year after its issuance may provide for renewal for additional one-year periods (which shall in no event extend beyond Collateral Account as of the date referred to in clause (x) above)Facility Termination Date.

Appears in 2 contracts

Samples: Credit Agreement (Kimball International Inc), Credit Agreement (Kimball International Inc)

Issuance. The LC Issuer hereby agrees, on the terms and conditions set forth in this Agreement, to issue standby and commercial Letters of Credit denominated in Agreed Currencies Dollars (each, a “Facility LC”) and to renew, extend, increase, decrease or otherwise modify each Facility LC (“Modify,” and each such action a “Modification”), from time to time from and including the date of this Agreement and prior to the Facility Termination Date upon the request of a the Borrower; provided that immediately after each such Facility LC is issued or Modified, (i) the aggregate amount of the outstanding LC Obligations shall not exceed $25,000,000 and 3,000,000.00, (ii) the aggregate amount of the Revolving Exposures shall not exceed the lesser of the aggregate Revolving Commitments and, during any Borrowing Base Period, the Borrowing Base, (iii) the Aggregate Outstanding Credit Exposure shall not exceed the Aggregate Commitment. No Facility LC shall have an expiry date later than the earlier to occur of (x) the fifth Business Day prior to the Facility Termination Date and (y) one (1) year after its issuance; provided that any Facility LC with an expiry date one year after its issuance may provide for renewal for additional one-year periods (which shall in no event extend beyond the date referred to in clause (x) above).

Appears in 2 contracts

Samples: Credit Agreement (Orchids Paper Products CO /DE), Credit Agreement (Orchids Paper Products CO /DE)

Issuance. The LC Issuer hereby agrees, on the terms and -------- conditions set forth in this Agreement, to issue standby and commercial Letters letters of Credit in Agreed Currencies credit (each, a "Facility LC") and to renew, extend, increase, decrease or otherwise modify each Facility LC ("Modify," and each such action a "Modification"), from time to time from and including the date of this Agreement and prior to the Facility Termination Date upon the request of a the Borrower; provided that immediately after each such Facility LC is issued or Modified, : (i) the aggregate amount of the outstanding LC Obligations shall not exceed $25,000,000 10,000,000, and (ii) the Aggregate Outstanding Credit Exposure Borrower shall not exceed be in compliance with the Aggregate Commitmentlimitations of Section 2.1. No Facility LC shall have an expiry date later than the earlier of (xa) the first anniversary of the issuance date thereof and (b) the fifth Business Day prior to the Facility Termination Date and (y) one year after its issuanceDate; provided provided, however, that any Facility LC with an expiry date one year after its issuance complying with the requirements of subsection (a) may provide for the automatic renewal thereof for additional one-one year periods subject to the requirements of subsection (which shall in no event extend beyond the date referred to in clause (xb) above).

Appears in 1 contract

Samples: Credit Agreement (Qad Inc)

Issuance. The LC Issuer hereby agrees, on the terms and conditions set forth in this Agreement, to issue standby and commercial Letters of Credit denominated in Dollars or other Agreed Currencies (each, a “Facility LC”) and to renew, extend, increase, decrease or otherwise modify each Facility LC (“Modify,” and each such action a “Modification”), from time to time from and including the date of this Agreement and prior to the Facility Termination Date upon the request of a the Borrower; provided that immediately after each such Facility LC is issued or Modified, (i) the aggregate amount of the outstanding LC Obligations shall not exceed $25,000,000 and 4,500,000, (ii) the aggregate amount of the Revolving Exposures shall not exceed the aggregate Revolving Commitments, and (iii) the Aggregate Outstanding Credit Revolving Exposure shall not exceed the Aggregate Revolving Commitment. No Facility LC shall have an expiry date later than the earlier to occur of (x) the fifth Business Day prior to the Facility Termination Date and (y) one (1) year after its issuance; provided that any Facility LC with an expiry date one year after its issuance may provide for renewal for additional one-year periods (which shall in no event extend beyond the date referred to in clause (x) above).

Appears in 1 contract

Samples: Credit Agreement (Universal Electronics Inc)

Issuance. The LC Issuer hereby agrees, on the terms and conditions set forth in this Agreement, to issue standby and commercial Letters letters of Credit in Agreed Currencies credit (each, a “Facility LC”) and to renew, extend, increase, decrease or otherwise modify each Facility LC (“Modify,” and Modify,”and each such action a “Modification”), from time to time from and including the date of this Agreement and prior to the Facility Termination Date upon the request of a the Borrower; provided that immediately after each such Facility LC is issued or Modified, (i) the aggregate amount of the outstanding LC Obligations shall not exceed $25,000,000 10,000,000 and (ii) the Aggregate Outstanding Credit Exposure shall not exceed the lesser of the Aggregate CommitmentCommitment or the Borrowing Base. No Facility LC shall have an expiry date later than the earlier of (x) the fifth Business Day prior to the Facility Termination Date and (y) one year after its issuance; , provided that any Facility LC with an expiry date one a one-year after its issuance tenor may provide for the renewal thereof for additional one-year periods (which shall in no event extend beyond the date referred to in clause (x) above).

Appears in 1 contract

Samples: Credit Agreement (SCP Pool Corp)

Issuance. The LC Issuer Issuers hereby agreesagree, on the terms and conditions set forth in this Agreement, to issue commercial and standby and commercial Letters of Credit in Agreed Currencies Dollars (each, a “Facility LC”) and to renew, extend, increase, decrease or otherwise modify each Facility LC (“Modify,” and each such action action, a “Modification”), from time to time from and including the date of this Agreement Closing Date and prior to the Facility Revolving Loan Termination Date upon the request of a the applicable Borrower; provided that immediately after each such Facility LC is issued or Modified, (i) the aggregate amount of the outstanding LC Obligations shall not exceed $25,000,000 50,000,000 and (ii) the Aggregate Outstanding Revolving Credit Exposure shall not exceed the Aggregate Revolving Loan Commitment. No Facility LC shall have an expiry date later than the earlier of (x) the fifth Business Day prior to the Facility Revolving Loan Termination Date and (y) one year after its issuance; provided that any Facility LC with an expiry date one a one-year after its issuance tenor may provide for the renewal thereof for additional one-one year periods (which shall in no event extend beyond the date referred to in clause (x) above). All Existing Facility LCs shall be deemed to have been issued pursuant to this Agreement and from and after the Closing Date shall be subject to and governed by the terms and conditions hereof.

Appears in 1 contract

Samples: Credit Agreement (Patterson Companies, Inc.)

Issuance. The LC Issuer hereby agrees, on the terms and conditions set forth in this Agreement, to issue standby and commercial Letters letters of Credit in Agreed Currencies credit (each, a “Facility LC”) and to renew, extend, increase, decrease or otherwise modify each Facility LC (“Modify,” and each such action a “Modification”), from time to time from and including the date of this Agreement and prior to the Facility Termination Date upon the request of a the Borrower; provided that immediately after each such Facility LC is issued or Modified, (i) the aggregate amount of the outstanding LC Obligations shall not exceed $25,000,000 20,000,000 and (ii) the Aggregate Outstanding Credit Exposure shall not exceed the Aggregate Commitment. No Facility LC shall have an expiry date later than the earlier of (x) the fifth Business Day prior to the Facility Termination Date and (y) one year after its issuance; provided , provided, however, that any Facility LC with an expiry date one a one-year after its issuance term may provide for the renewal thereof for additional one-year periods (which shall in no event extend beyond the date referred fifth business day prior to in clause (xthe Facility Termination Date) above)unless the Issuer provides prior notice of non-renewal to the beneficiary.

Appears in 1 contract

Samples: Credit Agreement (Penn Virginia Corp)

Issuance. The LC Issuer hereby agrees, on the terms and conditions -------- set forth in this Agreement, to issue standby and commercial Letters letters of Credit in Agreed Currencies credit (each, a "Facility LC") and to renew, extend, increase, decrease or otherwise modify each Facility LC ("Modify," and each such action a "Modification"), from time to time from and including the date of this Agreement and prior to the Facility Termination Date upon the request of a the Borrower; provided that immediately after each such Facility LC is issued or Modified, (i) the aggregate amount of the outstanding LC Obligations shall not exceed $25,000,000 and 10,000,000, (ii) the Aggregate Outstanding Credit Exposure shall not exceed the Aggregate Commitment, and (iii) no more than ten (10) Facility LCs shall then be outstanding. No Facility LC shall have an expiry date later than the earlier of (x) the fifth Business Day prior to the Facility Termination Date Date, and (y) one year after its issuance; , provided that any Facility LC with an expiry date one a one-year after its issuance tenor may provide for the renewal thereof for additional one-year periods (which shall in no event extend beyond the date referred fifth Business Day prior to in clause (x) above)the Facility Termination Date.

Appears in 1 contract

Samples: Credit Agreement (Global Payments Inc)

Issuance. The LC Issuer Issuers hereby agreesagree, on the terms and conditions set forth in this Agreement, to issue commercial and standby and commercial Letters of Credit in Agreed Currencies Dollars (each, a “Facility LC”) and to renew, extend, increase, decrease or otherwise modify each Facility LC (“Modify,” and each such action action, a “Modification”), from time to time from and including the date of this Agreement Closing Date and prior to the Facility Revolving Loan Termination Date upon the request of a the applicable Borrower; provided that immediately after each such Facility LC is issued or Modified, (i) the aggregate amount of the outstanding LC Obligations shall not exceed $25,000,000 50,000,000 and (ii) the Aggregate Outstanding Revolving Credit Exposure shall not exceed the Aggregate Revolving Loan Commitment. No Facility LC shall have an expiry date later than the earlier of (x) the fifth Business Day prior to the Facility Revolving Loan Termination Date and (y) one year after its issuance; provided that any Facility LC with an expiry date one a one-year after its issuance tenor may provide for the renewal thereof for additional one-one year periods (which shall in no event extend beyond the date referred to in clause (x) above).

Appears in 1 contract

Samples: Credit Agreement (Patterson Companies, Inc.)

Issuance. The LC Issuer hereby agrees, on the terms and conditions set forth in this Agreement, to issue standby and commercial Letters letters of Credit in Agreed Currencies credit (each, a "Facility LC") and to renew, extend, increase, decrease or otherwise modify each Facility LC ("Modify," and each such action a "Modification"), from time to time from and including the date of this Agreement and prior to the Facility Termination Date upon the request of a the Borrower; provided that immediately after each such Facility LC is issued or Modified, (i) the aggregate amount of the outstanding LC Obligations shall not exceed $25,000,000 5,000,000 and (ii) the Aggregate Outstanding Credit Exposure shall not exceed the Aggregate Commitment. No Facility LC shall have an expiry date later than the earlier of (x) the fifth Business Day prior to the Facility Termination Date and (y) one year after its issuance; provided that any Facility LC with an expiry date one year after its issuance may provide for or, in the case of any renewal for additional one-or extension thereof, one year periods (which after such renewal or extension provided, however in all events, that no Facility LC shall in no event extend beyond be issued, renewed or extended following the date referred to in clause (x) above)Facility Termination Date.

Appears in 1 contract

Samples: Credit Agreement (Coachmen Industries Inc)

Issuance. The LC Issuer hereby agrees, on the terms and conditions set forth in this Agreement, to issue standby and commercial Letters letters of Credit in Agreed Currencies credit (each, a “Facility LC”) and to renew, extend, increase, decrease or otherwise modify each Facility LC (“Modify,” and each such action a “Modification”), from time to time from and including the date of this Agreement and prior to the Facility Termination Date upon the request of a Borrowerthe Company; provided that immediately after each such Facility LC is issued or Modified, (i) the aggregate amount of the outstanding LC Obligations shall not exceed $25,000,000 and 60,000,000, (ii) the Aggregate Outstanding Credit Exposure shall not exceed the Aggregate CommitmentCommitment and (iii) the Aggregate Outstanding Revolving Credit Exposure shall not exceed the Aggregate Revolving Credit Commitments. No Facility LC shall have an expiry date later than one year after the earlier of (x) the fifth Business Day prior to Facility Termination Date; provided, that, any Facility LC that remains outstanding after the Facility Termination Date and (y) one year after its issuance; provided that any shall be cash collateralized by an amount equal to 105% of the LC Obligations, which amount shall be held in the Facility LC with an expiry date one year after its issuance may provide for renewal for additional one-year periods (which shall in no event extend beyond the date referred to in clause (x) above)Collateral Account.

Appears in 1 contract

Samples: Assignment Agreement (Kelly Services Inc)

Issuance. The LC Issuer hereby agrees, on the terms and conditions set forth in this Agreement, to issue standby and commercial Letters letters of Credit in Agreed Currencies credit (each, a "Facility LC") and to renew, extend, increase, decrease or otherwise modify each Facility LC ("Modify,” ", and each such action a "Modification"), from time to time from and including the date of this Agreement and prior to the Facility Termination Date upon the request of a the Borrower; provided that immediately after each such Facility LC is issued or Modified, (i) the aggregate amount of the outstanding LC Obligations shall not exceed $25,000,000 40,000,000 and (ii) the Aggregate Outstanding Credit Exposure shall not exceed the Aggregate Commitment. No Facility LC shall have an expiry date later than the earlier of (x) the fifth Business Day prior to the Facility Termination Date and (y) one year after its issuance; , provided that any Facility LC with an expiry date of one year after its issuance may provide for the renewal thereof for additional one-year periods (which shall in no event extend beyond the date referred to in clause (x) above)Facility Termination Date.

Appears in 1 contract

Samples: Credit Agreement (Clarcor Inc)

Issuance. The LC Issuer hereby agrees, on the terms and conditions set forth in this Agreement, to issue standby Standby LCs and commercial Letters of Credit in Agreed Currencies Commercial LCs (each, a “Facility LC”) and to renew, extend, increase, decrease or otherwise modify each Facility LC (“Modify,” and each such action a “Modification”), from time to time from and including the date of this Agreement and prior to the Facility Termination Date upon the request of a and for the account of the Borrower; provided that immediately after each such Facility LC is issued or Modified, (i) the aggregate amount of the outstanding LC Obligations shall not exceed $25,000,000 50,000,000 and (ii) the Aggregate Outstanding Credit Exposure shall not exceed the Aggregate Commitment. No Facility LC shall have an expiry date later than the earlier of (x) the fifth Business Day prior to the Facility Termination Date and (y) one year after its issuance; issuance (provided that any Facility LC with an expiry date one year after its issuance may provide for renewal for additional annual successive one-year periods (which renewals thereof provided that no Facility LC expiry date shall in no event extend beyond occur after the date referred to in clause (x) above).

Appears in 1 contract

Samples: Credit Agreement (BJS Wholesale Club Inc)

Issuance. The LC Issuer hereby agrees, on the terms and conditions -------- set forth in this Agreement, to issue standby and commercial Letters letters of Credit in Agreed Currencies credit (each, a "Facility LC") and to renew, extend, increase, decrease or otherwise modify each Facility LC ("Modify," and each such action a "Modification"), from time to time from and including the date of this Agreement Closing Date and prior to the Facility Termination Date upon the request of a Borrowerthe Company; provided that immediately after each such Facility LC is issued or Modified, (i) the aggregate amount of the outstanding LC Obligations shall not exceed $25,000,000 5,000,000 and (ii) the Aggregate Outstanding Credit Exposure shall not exceed the Aggregate Commitment. No Facility LC shall have an expiry date later than the earlier of (x) the fifth Business Day prior to the Facility Termination Date and (y) one year after its issuance; provided provided, that any Facility LC with an expiry date one a one-year after its issuance tenor may provide for the renewal thereof for additional one-one year periods (which shall in no event shall extend beyond the date referred to in clause (x) above).. ----------

Appears in 1 contract

Samples: Revolving Credit Agreement (Stepan Co)

Issuance. The Each LC Issuer hereby agrees, on the terms and conditions set forth in this Agreement, to issue standby and commercial Letters letters of Credit in Agreed Currencies credit (each, a "Facility LC") and to renew, extend, increase, decrease or otherwise modify each Facility LC ("Modify," and each such action a "Modification"), from time to time from and including the date of this Agreement and prior to the Facility Termination Date upon the request of a Borrowerthe Borrowers; provided that immediately after each such Facility LC is issued or Modified, (i) the aggregate amount of the outstanding LC Obligations shall not exceed $25,000,000 and (ii) the Aggregate Outstanding Credit Exposure shall not exceed the Aggregate Commitment; provided, however, that neither LC Issuer shall be obligated to issue, or Modify letters of credit or outstanding Facility LCs within thirty (30) days of the Facility Termination Date. No Facility LC shall have an expiry date later than the earlier of (x) the fifth Business Day prior to the Facility Termination Date and (y) one year after its issuance; provided that any Facility LC with an expiry date one year after its issuance may provide for renewal for additional one-year periods (which shall in no event extend beyond the date referred to in clause (x) above"Maturity Date").

Appears in 1 contract

Samples: Credit Agreement (Core Laboratories N V)

Issuance. The Each LC Issuer hereby agrees, on the terms and conditions set forth in this Agreement, to issue standby and commercial Letters letters of Credit in Agreed Currencies credit (each, a "Facility LC") and to renew, extend, increase, decrease or otherwise modify each Facility LC ("Modify,” ", and each such action a "Modification"), from time to time from and including the date of this Agreement and prior to the Facility Revolver Termination Date upon the request of a the Borrower; provided that immediately after each such Facility LC is issued or Modified, (i) the aggregate amount of the outstanding LC Obligations shall not exceed $25,000,000 100,000,000 and (ii) the Aggregate Outstanding Credit Exposure Exposures shall not exceed the Aggregate Commitmentaggregate of all the Commitments. No Facility LC shall have an expiry date later than the earlier of (x) the fifth Business Day prior to the Facility Revolver Termination Date and (y) one year after its issuance; provided that any Facility LC with an expiry date one a one-year after its issuance term may provide for the renewal thereof for additional one-year periods (which shall in no event extend beyond the date referred to referenced in clause (x) above).

Appears in 1 contract

Samples: Credit Agreement (Dte Energy Co)

Issuance. The LC Issuer hereby agrees, on the terms -------- and conditions set forth in this Agreement, to issue standby and commercial Letters of Credit in Agreed Currencies (each, a "Facility LC") and to renew, extend, increase, decrease or otherwise modify each Facility LC ("Modify," and each such action a "Modification"), from time to time from and including the date of this Agreement and prior to the Facility Termination Date upon the request of a the Borrower; provided that immediately after each -------- such Facility LC is issued or Modified, (i) the aggregate amount of the outstanding LC Obligations shall not exceed $25,000,000 and (ii) the Aggregate Outstanding Credit Exposure shall not exceed the Aggregate Commitment. No Facility LC shall have an expiry date later than the earlier of (x) the fifth Business Day prior to the Facility Termination Date and (y) one year after its issuance; provided that any Facility LC with an expiry date one -------- year after its issuance may provide for renewal for additional one-year periods (which shall in no event extend beyond the date referred to in clause (x) above).

Appears in 1 contract

Samples: Credit Agreement (Modine Manufacturing Co)

Issuance. The LC Issuer hereby agrees, on the terms and conditions set forth in this Agreement, to issue standby and commercial Letters letters of Credit in Agreed Currencies credit (each, a “Facility LC”) and to renew, extend, increase, decrease or otherwise modify each Facility LC (“Modify,” and each such action a “Modification”), from time to time from and including the date of this Agreement and prior to the Facility Termination Date upon the request of a and for the account of the Borrower; provided that immediately after each such Facility LC is issued or Modified, (i) the aggregate amount of the outstanding LC Obligations shall not exceed $25,000,000 the Aggregate Commitment and (ii) the Aggregate Outstanding Credit Exposure shall not exceed the Aggregate Commitment. No Facility LC shall have an expiry date later than the earlier of (x) the fifth Business Day prior to the Facility Termination Date and (y) one year after its issuance; provided that any Facility LC with an expiry date one a one-year after its issuance term may provide for the renewal thereof for additional one-year periods (which shall in no event shall extend beyond the date referred to in clause (x) above).

Appears in 1 contract

Samples: Credit Agreement (Department 56 Inc)

Issuance. The LC Issuer hereby agrees, on the terms and conditions set forth in this Agreement, to issue standby and commercial Letters letters of Credit in Agreed Currencies credit (each, a "Facility LC") and to renew, extend, increase, decrease or otherwise modify each Facility LC ("Modify," and each such action a "Modification"), from time to time from and including the date of this Agreement and prior to the Facility Termination Date upon the request of a the Borrower; provided that immediately after each such Facility LC is issued or Modified, (i) the aggregate amount of the outstanding LC Obligations shall not exceed $25,000,000 10,000,000 and (ii) the Aggregate Outstanding Credit Exposure shall not exceed the Aggregate Commitment. No Facility LC shall have an expiry date later than one year after the earlier of (x) issuance thereof; provided that if such expiry date is after the fifth Business Day prior to the Facility Termination Date and (y) one year after its issuance; provided that any Date, Borrower shall deposit in the Facility LC with Collateral Account on such fifth Business Day immediately available funds in an expiry date one year after its issuance may provide for renewal for additional one-year periods (which shall in no event extend beyond amount equal to or greater than the date referred to in clause (x) above)undrawn amount of such Facility LC.

Appears in 1 contract

Samples: Credit Agreement (Cimarex Energy Co)

Issuance. The LC Issuer hereby agrees, on the terms and conditions set forth in this Agreement, to issue standby and commercial Letters of Credit in Agreed Currencies (eacheach such Letter of Credit, together with each Letter of Credit issued or deemed to be issued pursuant to the Previous Credit Agreement and outstanding on the Closing Date, a “Facility LC”) and to renew, extend, increase, decrease or otherwise modify each Facility LC (“Modify,” and each such action action, a “Modification”), from time to time from and including the date of this Agreement and prior to the Facility Revolving Loan Termination Date upon the request of a the Borrower; provided that immediately after each such Facility LC is issued or Modified, (i) the aggregate amount of the outstanding LC Obligations shall not exceed (a) $25,000,000 110,000,000 and (ii) the Aggregate Outstanding Revolving Credit Exposure shall not exceed the Available Aggregate Revolving Loan Commitment. No Facility LC shall have an expiry date later than the earlier of (x) the fifth Business Day prior to the Facility Revolving Loan Termination Date and (y) one year after its issuance; provided that any Facility LC with an expiry date one a one- year after its issuance term may provide for the renewal thereof for additional one-year periods (which shall in no event shall extend beyond the date referred to in the preceding clause (x) above)).

Appears in 1 contract

Samples: Credit Agreement (Res Care Inc /Ky/)

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Issuance. The LC Issuer hereby agrees, on the terms and conditions set forth in this Agreement, to issue commercial and standby (both payment and commercial Letters performance) letters of Credit in Agreed Currencies credit (each, a "Facility LC") and to renew, extend, increase, decrease or otherwise modify each Facility LC (“Modify,” and "Modify,"and each such action a "Modification"), from time to time from and including the date of this Agreement Effective Date and prior to the Facility Termination Date upon the request of a the Borrower; provided that immediately after each such Facility LC is issued or Modified, (i) the aggregate amount of the outstanding LC Obligations shall not exceed $25,000,000 the Aggregate Facility LC Commitment and (ii) the Aggregate Outstanding Credit Exposure shall not exceed the Aggregate Commitment. No Facility LC issued on or after the initial Credit Extension Date shall have an expiry date later than the earlier of (x) the fifth Business Day prior to the Facility Termination Date and (y) one year after its issuance; provided that any Facility LC with an expiry date one year after its issuance may provide for the renewal thereof for additional one-year periods (which shall in no event extend beyond the date referred fifth Business Day prior to in clause (x) abovethe Facility Termination Date).

Appears in 1 contract

Samples: Assignment Agreement (Shaw Group Inc)

Issuance. The LC Issuer hereby agrees, on the terms and conditions set forth in this Agreement, to issue standby and commercial Letters letters of Credit in Agreed Currencies credit (each, a "Facility LC") and to renew, extend, increase, decrease or otherwise modify each Facility LC ("Modify," and each such action a "Modification"), from time to time from and including the date of this Agreement and prior to the Facility Termination Date upon the request of a the Borrower; provided that immediately after each such Facility LC is issued or Modified, (i) the aggregate amount of the outstanding LC Obligations shall not exceed $25,000,000 5,000,000 and (ii) the Aggregate Outstanding Credit Exposure shall not exceed the lesser of (a) the Aggregate CommitmentCommitment and (b) the Borrowing Base. No Facility LC shall have an expiry date later than the earlier of (x) the fifth Business Day prior to the Facility Termination Date and (y) one year after its issuance; provided provided, however, that any Facility LC with an expiry date one a one-year after its issuance tenor may provide for the renewal thereof for additional one-year periods (which shall in no event extend beyond the date referred fifth Business Day prior to in clause (xthe Facility Termination Date) above)unless the LC Issuer provides prior notice of non-renewal to the beneficiary of such Facility LC.

Appears in 1 contract

Samples: Credit Agreement (Petroquest Energy Inc)

Issuance. The Each LC Issuer hereby agrees, on the terms and conditions set forth in this Agreement, to issue standby and commercial Letters of Credit in Agreed Currencies (eacheach such Letter of Credit and each Existing LC, a “Facility LC”) and to renew, extend, increase, decrease or otherwise modify each Facility LC (“Modify,” and each such action a “Modification”), from time to time from and including the date of this Agreement and prior to the Facility Termination Date upon the request of a the Borrower; provided that immediately after each such Facility LC is issued or Modified, (i) the aggregate amount of the outstanding LC Obligations shall not exceed $25,000,000 250,000,000 and (ii) the Aggregate Outstanding Credit Exposure shall not exceed the Aggregate CommitmentCommitment and provided, further, that with respect to each Modification (other than an increase or extension), the beneficiary under such Facility LC shall have consented in writing thereto. No Facility LC shall have an expiry date later than the earlier of (x) the fifth Business Day prior to the Facility Termination Date and (y) one year after its issuance; provided that any Facility LC with an expiry date one year after its issuance may provide for renewal for additional one-year periods (which shall in no event extend beyond the date referred to in clause (x) above)Date.

Appears in 1 contract

Samples: Credit Agreement (Ryland Group Inc)

Issuance. The LC Issuer hereby agrees, on the terms and conditions set forth in this Agreement, to issue standby and commercial Letters letters of Credit in Agreed Currencies credit (each, a "Facility LC") and to renew, extend, increase, decrease or otherwise modify each Facility LC ("Modify," and each such action a "Modification"), from time to time from and including the date of this Agreement Closing Date and prior to the Facility Termination Date upon the request of a Borrowerthe Company; provided that immediately after each such Facility LC is issued or Modified, (i) the aggregate amount of the outstanding LC Obligations shall not exceed $25,000,000 5,000,000 and (ii) the Aggregate Outstanding Credit Exposure shall not exceed the Aggregate Commitment. No Facility LC shall have an expiry date later than the earlier of (x) the fifth Business Day prior to the Facility Termination Date and (y) one year after its issuance; provided provided, that any Facility LC with an expiry date one a one-year after its issuance tenor may provide for the renewal thereof for additional one-one year periods (which shall in no event shall extend beyond the date referred to in clause (x) above).

Appears in 1 contract

Samples: Revolving Credit Agreement (Stepan Co)

Issuance. The LC Issuer hereby agrees, on the terms and -------- conditions set forth in this Agreement, to issue standby and commercial Letters letters of Credit in Agreed Currencies credit (each, each a "Facility LC") and to renew, extend, increase, decrease or otherwise modify each Facility LC ("Modify," and each such action a "Modification"), from time to time from and including the date of this Agreement and prior to the Facility Termination Date upon the request of a Borrowerand for the account of any Credit Party; provided that immediately after each such Facility LC is issued or Modified, (i) the aggregate amount of the outstanding LC Obligations shall not exceed $25,000,000 and 200,000,000, (ii) the Aggregate Outstanding Credit Exposure shall not exceed the Aggregate Commitment, (iii) the initial face amount of any Facility LC shall not be less than $5,000,000 and (iv) there shall be no more than eight (8) Facility LCs outstanding at any one time. No Facility LC shall have an expiry date later than the earlier of (x) the fifth Business Day prior to the Facility Termination Date and (y) one year after its issuance; provided that any Facility LC with an expiry date one year after its issuance may provide for renewal for additional one-year periods (which shall in no event extend beyond the date referred to in clause (x) above).

Appears in 1 contract

Samples: Assignment Agreement (Torchmark Corp)

Issuance. The LC Issuer hereby agrees, on the terms and -------- conditions set forth in this Agreement, to issue standby and commercial Letters letters of Credit in Agreed Currencies credit (each, a "Facility LC") and to renew, extend, increase, decrease or otherwise modify each Facility LC ("Modify," and each such action a "Modification"), from time to time from and including the date of this Agreement and prior to the Facility Termination Date upon the request of a the Borrower; provided that immediately after each such Facility LC is issued or Modified, (i) the aggregate amount of the outstanding LC Obligations shall not exceed $25,000,000 3,000,000 and (ii) the Aggregate Outstanding Credit Exposure shall not exceed the Aggregate Commitment. No Facility LC shall have an expiry date later than the earlier of (x) the fifth Business Day prior to the Facility Termination Date and (y) one year after its issuance; issuance (provided that any a Facility LC with an expiry date one year after its issuance may provide for the renewal thereof for additional one-periods of up to one year periods (which shall in no event extend beyond the date referred to in clause (x) aboveeach).

Appears in 1 contract

Samples: Credit Agreement (Transit Group Inc)

Issuance. The LC Issuer hereby agrees, on the terms and conditions set forth in this Agreement, to issue standby and commercial Letters of Credit in Agreed Currencies (eachFacility LCs, a “Facility LC”) and to renew, extend, increase, decrease or otherwise modify each Facility LC (“Modify,” and each such action a “Modification”), from time to time from and including the date of this Agreement and prior to the Facility Termination Date upon the request of a Borrowerthe Borrower (or RSC, in the case of the RSC Facility LC); provided that immediately after each such Facility LC is issued or Modified, (i) the aggregate amount of the outstanding LC Obligations shall not exceed $25,000,000 the LC Obligations Limit, and (ii) the Aggregate Outstanding Credit Exposure shall not exceed the Aggregate Commitment. No Facility LC shall have an expiry date later than the earlier of (x) the fifth Business Day prior to the Facility Termination Date and (y) one year after its issuance; provided that any . Facility LCs may be denominated in foreign currencies acceptable to the LC with an expiry date one year after its issuance may provide for renewal for additional one-year periods (which shall in no event extend beyond Issuer and the date referred to in clause (x) above)Agent.

Appears in 1 contract

Samples: Credit Agreement (Papa Johns International Inc)

Issuance. The LC Issuer hereby agrees, on the terms and -------- conditions set forth in this Agreement, to issue standby and commercial Letters letters of Credit in Agreed Currencies credit (each, a "Facility LC") and to renew, extend, increase, decrease or otherwise modify each Facility LC ("Modify," and each such action a "Modification"), from time to time from and including the date of this Agreement and prior to the Facility Termination Date upon the request of a the Borrower; provided that immediately after each such Facility LC is issued or Modified, (i) the aggregate amount of the outstanding LC Obligations shall not exceed $25,000,000 12,500,000 and (ii) the Aggregate Outstanding Credit Exposure shall not exceed the Aggregate Commitment. No Facility LC shall have an expiry date later than the earlier of (x) the fifth Business Day prior to the scheduled Facility Termination Date and (y) one year after its issuance; issuance (provided that any a Facility LC with an expiry date one year after its issuance may provide for the renewal thereof for additional one-periods of up to one year periods (which shall in no event extend beyond the date referred to in clause (x) aboveeach).

Appears in 1 contract

Samples: Assignment Agreement (Alliant Energy Corp)

Issuance. The LC Issuer hereby agrees, on the terms and conditions set forth in this Agreement, to issue standby and commercial Letters of Credit in Agreed Currencies (each, and each Existing Letter of Credit, a “Facility LC”) and to renew, extend, increase, decrease or otherwise modify each Facility LC (“Modify,” and each such action action, a “Modification”), from time to time from and including the date of this Agreement and prior to the Facility Revolving Loan Termination Date upon the request of a the Borrower; provided that that, immediately after each such Facility LC is issued or Modified, (i) the aggregate amount of the outstanding LC Obligations shall not exceed $25,000,000 10,000,000 and (ii) the Aggregate Outstanding Revolving Credit Exposure shall not exceed the Adjusted Available Aggregate Revolving Loan Commitment. No Facility LC shall have an expiry date later than the earlier of (x) the fifth fifteenth Business Day prior to the Facility Revolving Loan Termination Date and (y) one year after its issuance; provided that any Facility LC with an expiry date one a one-year after its issuance term may provide for the renewal thereof for additional one-year periods (which shall in no event shall extend beyond the date referred to in the preceding clause (x) above)).

Appears in 1 contract

Samples: Credit Agreement (Encore Capital Group Inc)

Issuance. The Each LC Issuer hereby agrees, on the terms and conditions set forth in this Agreement, to issue standby and commercial Letters letters of Credit in Agreed Currencies credit (each, a "Facility LC") and to renew, extend, increase, decrease or otherwise modify each Facility LC ("Modify," and each such action a "Modification"), from time to time from and including the date of this Agreement Closing Date and prior to the Facility Termination Date upon the request of a the Borrower; provided that immediately after each such Facility LC is issued or Modified, (i) the aggregate amount of the outstanding LC Obligations shall not exceed $25,000,000 100,000,000 and (ii) the Aggregate Outstanding Credit Exposure shall not exceed the Aggregate Commitment. No Facility LC shall have an expiry date later than the earlier of (x) the fifth Business Day prior to the Facility Termination Date and (y) one year after its issuance; issuance (the "Facility LC Maturity Date"), provided that any Facility LC with an expiry date one a one-year after its issuance tenor may provide for the renewal thereof for additional one-year periods (which shall but in no event extend beyond the date referred to in clause (x) above).

Appears in 1 contract

Samples: Credit Agreement (Idaho Power Co)

Issuance. The LC Issuer hereby agrees, on the terms and conditions set forth in this Agreement, to issue standby Standby LCs and commercial Letters of Credit in Agreed Currencies Commercial LCs (each, a "Facility LC") and to renew, extend, increase, decrease or otherwise modify each Facility LC ("Modify," and each such action a "Modification"), from time to time from and including the date of this Agreement and prior to the Facility Termination Date upon the request of a and for the account of the Borrower; provided that immediately after each such Facility LC is issued or Modified, (i) the aggregate amount of the outstanding LC Obligations shall not exceed $25,000,000 50,000,000 and (ii) the Aggregate Outstanding Credit Exposure shall not exceed the Aggregate Commitment. No Facility LC shall have an expiry date later than the earlier of (x) the fifth Business Day prior to the Facility Termination Date and (y) one year after its issuance; issuance (provided that any Facility LC with an expiry date one year after its issuance may provide for renewal for additional annual successive one-year periods (which renewals thereof provided that no Facility LC expiry date shall in no event extend beyond occur after the date referred to in clause (x) above).

Appears in 1 contract

Samples: Credit Agreement (BJS Wholesale Club Inc)

Issuance. The LC Issuer hereby agrees, on the terms and conditions set forth in this Agreement, to issue standby and commercial Letters letters of Credit in Agreed Currencies credit (each, a "Facility LC") and to renew, extend, increase, decrease or otherwise modify each Facility LC ("Modify," and each such action a "Modification"), from time to time from and including the date of this Agreement and prior to the Facility Termination Date upon the request of a the Borrower; provided that immediately after each such Facility LC is issued or Modified, (i) the aggregate amount of the outstanding LC Obligations shall not exceed $25,000,000 10,000,000 and (ii) the Aggregate Outstanding Credit Exposure shall not exceed the Aggregate Commitment. No Facility LC shall have an expiry date later than the earlier of (x) the fifth Business Day prior to the Facility Termination Date and (y) one year after its issuance; provided that any Facility LC with an expiry date a one year after its issuance tenor may provide for the renewal thereof for additional one-one year periods (which shall in no event extend beyond periods, so long as the ultimate expiry date referred is on or before the fifth Business Day prior to in clause (x) above)the Facility Termination Date .

Appears in 1 contract

Samples: Credit Agreement (Daisytek International Corporation /De/)

Issuance. The Each LC Issuer hereby agrees, on the terms and conditions set forth in this Agreement, to issue standby and commercial Letters letters of Credit in Agreed Currencies credit (each, such letter of credit and each Existing Letter of Credit, a "Facility LC") and to renew, extend, increase, decrease or otherwise modify each Facility LC ("Modify," and each such action a "Modification"), from time to time from and including the date of this Agreement and not later than 30 days prior to the Facility Termination Date upon the request of a the Borrower; provided that immediately after each such Facility LC is issued or Modified, (i) the aggregate amount of the outstanding LC Obligations shall not exceed $25,000,000 the Aggregate LC Commitment and (ii) the Aggregate Outstanding Credit Exposure shall not exceed the Aggregate Commitment. No Facility LC shall have an expiry date later than the earlier of (x) the fifth (5th) Business Day prior to the Facility Termination Date and (y) one year after its issuance; provided provided, however, that any a Facility LC with an expiry date one year after its issuance may provide for automatic renewal for additional one-year periods (which shall in no event extend periodically beyond the first anniversary of its Issuance Date but not beyond the date referred to provided for in clause (x) above).

Appears in 1 contract

Samples: Credit Agreement (NVR Inc)

Issuance. The LC Issuer hereby agrees, on the terms and conditions set forth in this Agreement, to issue standby and commercial Letters letters of Credit in Agreed Currencies credit (each, a "Facility LC") and to renew, extend, increase, decrease or otherwise modify each Facility LC ("Modify," and each such action a "Modification"), from time to time from and including the date of this Agreement and prior to the Facility Termination Date upon the request of a the Borrower; provided that immediately after each such Facility LC is issued or Modified, (i) the aggregate amount of the outstanding LC Obligations shall not exceed $25,000,000 and (ii) the Aggregate Outstanding Credit Exposure shall not exceed the Aggregate Commitment. No Facility LC shall have an expiry date later than the earlier of (x) the fifth Business Day prior to the Facility Termination Date and (y) one year after its issuance; , provided that any Facility LC with an expiry a one (1) year expiration date may include renewals for additional one year after its issuance may provide for renewal for additional one-year periods (which shall in no event periods, so long as it does not extend beyond the date referred to in clause (x) above).

Appears in 1 contract

Samples: Pledge and Security Agreement (Matrix Service Co)

Issuance. The LC Issuer hereby agrees, on the terms and conditions set forth in this Agreement, to issue standby and commercial Letters letters of Credit in Agreed Currencies credit (each, a "Facility LC") and to renew, extend, increase, decrease or otherwise modify each Facility LC ("Modify," and each such action a "Modification"), from time to time from and including the date of this Agreement and prior to the Facility Termination Date upon the request of a the Borrower; provided that immediately after each such Facility LC is issued or Modified, (i) the aggregate amount of the outstanding LC Obligations shall not exceed $25,000,000 10,000,000.00 and (ii) the Aggregate Outstanding Credit Exposure shall not exceed the Aggregate CommitmentCommitment Amount. Facility LC's issued pursuant to the Original Credit Agreement or the First Amended Credit Agreement and outstanding as of the Closing of this Agreement shall also constitute Facility LCs hereunder. No Facility LC shall have an expiry date later than the earlier of (x) the fifth Business Day prior to the Facility Termination Date and (y) one year after its issuance; provided that any Facility LC with an expiry date one year after its issuance may provide for renewal for additional one-year periods (which shall in no event extend beyond the date referred to in clause (x) above).

Appears in 1 contract

Samples: Revolving Credit Agreement (Energy Partners LTD)

Issuance. The LC Issuer hereby agrees, on the terms and conditions set forth in this Agreement, to issue standby and commercial Letters letters of Credit credit denominated in Agreed Currencies Dollars (each, a “Facility LC”) and and, upon the Borrower’s request, to renew, extend, increase, decrease or otherwise modify each Facility LC (“Modify,” and each such action a “Modification”), from time to time from and including the date of this Agreement Effective Date and prior to the Facility Termination Date upon the request of a and for the account of the Borrower; provided that immediately after each such Facility LC is issued or Modified, (i) the aggregate amount of the outstanding LC Obligations shall not exceed $25,000,000 100,000,000 and (ii) the Aggregate Outstanding Revolving Credit Exposure shall not exceed the Aggregate Revolving Credit Commitment. No Facility LC shall have an expiry date later than the earlier of (x) the fifth Business Day prior to the Facility Termination Date and (y) one year after its issuance; issuance provided that any Facility LC with an expiry date one a one-year after its issuance period may provide for the renewal thereof for additional one-year periods (which shall but in no event shall the expiring date of such Facility LCs extend beyond the date referred to period in clause (x) above)hereof.

Appears in 1 contract

Samples: Credit Agreement (Moneygram International Inc)

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