L/C Applications. The Company shall give notice to the Agent and the applicable Issuing Bank of the proposed issuance of each Letter of Credit on a Business Day which is at least three Business Days (or such lesser number of days as the Agent and such Issuing Bank shall agree in any particular instance) prior to the proposed date of issuance of such Letter of Credit. Each such notice shall be accompanied by an L/C Application, duly executed by the Company (together with any Subsidiary for the account of which the related Letter of Credit is to be issued) and in all respects satisfactory to the Agent and the applicable Issuing Bank, together with such other documentation as the Agent or such Issuing Bank may reasonably request in support thereof, it being understood that each L/C Application shall specify, among other things, the date on which the proposed Letter of Credit is to be issued, the expiration date of such Letter of Credit (which shall not be later than seven days prior to the Termination Date) and whether such Letter of Credit is to be transferable in whole or in part. So long as the applicable Issuing Bank has not received written notice that the conditions precedent set forth in Section 11 with respect to the issuance of such Letter of Credit have not been satisfied, such Issuing Bank shall issue such Letter of Credit on the requested issuance date. Each Issuing Bank shall promptly advise the Agent of the issuance of each Letter of Credit by such Issuing Bank and of any amendment thereto, extension thereof or event or circumstance changing the amount available for drawing thereunder.
Appears in 2 contracts
Sources: Credit Agreement (Synagro Technologies Inc), Credit Agreement (Synagro Technologies Inc)
L/C Applications. The Company shall give notice to the Agent and the applicable Issuing Bank ---------------- (which shall promptly inform BofA) of the proposed issuance of each Letter of Credit on a Business Day which is at least three Business Days (or such lesser number of days as the Agent and such Issuing Bank BofA shall agree in any particular instance) prior to the proposed date of issuance of such Letter of Credit. Each such notice shall be accompanied by an L/C Application, duly executed by the Company (together with any Subsidiary for the account of which the related Letter of Credit is to be issued) and in all respects satisfactory to the Agent and the applicable Issuing BankBofA, together with such other documentation as the Agent or such Issuing Bank BofA may reasonably request in support thereof, it being understood that each L/C Application shall specify, among other things, the date on which the proposed Letter of Credit is to be issued, the expiration date of such Letter of Credit (which shall not be later than seven days prior to the Termination Date) and whether such Letter of Credit is to be transferable in whole or in part. So long as the applicable Issuing Bank BofA has not received written notice that the conditions precedent set forth in Section 11 with respect to the ---------- issuance of such Letter of Credit have not been satisfiedsatisfied (and does not have knowledge of any default in the payment of any principal, such Issuing Bank interest or fees to be paid to the Agent for the account of the Banks), BofA shall issue such Letter of Credit on the requested issuance date. Each Issuing Bank shall promptly advise the Agent of the issuance of each Letter of Credit by such Issuing Bank and of any amendment thereto, extension thereof or event or circumstance changing the amount available for drawing thereunder.
Appears in 2 contracts
Sources: Credit Agreement (United Rentals Inc), Credit Agreement (United Rentals Inc)
L/C Applications. The Company shall give notice to the Agent and the applicable Issuing Bank of the proposed issuance of each Letter of Credit on a Business Day which is at least three Business Days (or such lesser number of days as the Agent and such Issuing Bank shall agree in any particular instance) prior to the proposed date of issuance of such Letter of Credit. Each such notice shall be accompanied by an L/C Application, duly executed by the Company (together with any Subsidiary for the account of which the related Letter of Credit is to be issued) and in all respects satisfactory to the Agent and the applicable Issuing Bank, together with such other documentation as the Agent or such Issuing Bank may reasonably request in support thereof, it being understood that each L/C Application shall specify, among other things, the date on which the proposed Letter of Credit is to be issued, the expiration date of such Letter of Credit (which shall not be later than seven days prior to the Termination Date) and whether such Letter of Credit is to be transferable in whole or in part. So long as the applicable Issuing Bank has not received written notice that the conditions precedent set forth in Section SECTION 11 with respect to the issuance of such Letter of Credit have not been satisfied, such Issuing Bank shall issue such Letter of Credit on the requested issuance date. Each Issuing Bank shall promptly advise the Agent of the issuance of each Letter of Credit by such Issuing Bank and of any amendment thereto, extension thereof or event or circumstance changing the amount available for drawing thereunder.
Appears in 2 contracts
Sources: Credit Agreement (U S Liquids Inc), Credit Agreement (U S Liquids Inc)
L/C Applications. The Loan Parties shall execute and deliver to the L/C Issuer the Master Letter of Credit Agreement from time to time in effect. The Company shall give notice to the Agent and L/C Issuer (with a copy to the applicable Issuing Bank Agent) of the proposed issuance of each Letter of Credit on a Business Day which is at least three Business Days (or such lesser number of days as the Agent and such Issuing Bank Lender shall agree in any particular instanceinstance in its sole discretion) prior to the proposed date of issuance of such Letter of Credit. Each such notice shall be accompanied by an L/C Application, duly executed by the Company (together with any Subsidiary for the account of which the related Letter of Credit is to be issued) and in all respects satisfactory to the Agent and the applicable Issuing BankL/C Issuer, together with such other documentation as the Agent or such Issuing Bank L/C Issuer may reasonably request in support thereof, it being understood that each L/C Application shall specify, among other things, the date on which the proposed Letter of Credit is to be issued, the expiration date of such Letter of Credit (which shall not be later than seven the earlier of thirty (30) days prior to (i) one year after the date of issuance thereof and (ii) the scheduled Termination DateDate (unless such Letter of Credit is Cash Collateralized); provided, a Letter of Credit with an expiration date of one year may provide for renewal thereof in additional one-year periods, subject to the preceding clause (ii)) and whether such Letter of Credit is to be transferable in whole or in part. So long as the applicable Issuing Bank L/C Issuer has not received written notice from Agent, any Lender or any Loan Party that the conditions precedent set forth in Section 11 12 with respect to the issuance of such Letter of Credit have not been satisfied, such Issuing Bank the L/C Issuer shall issue such Letter of Credit on the requested issuance date. Each Issuing Bank shall promptly advise In the Agent event of any inconsistency between the terms of the issuance of each Master Letter of Credit by such Issuing Bank Agreement, any L/C Application and the terms of any amendment theretothis Agreement, extension thereof or event or circumstance changing the amount available for drawing thereunderterms of this Agreement shall control.
Appears in 2 contracts
Sources: Credit Agreement (Winmark Corp), Revolving Credit Agreement (Winmark Corp)
L/C Applications. The Company shall give notice to the Administrative Agent and the applicable Issuing Bank of the proposed issuance of each Letter of Credit on a Business Day which is at least three Business Days (or such lesser number of days as the Administrative Agent and such Issuing Bank shall agree in any particular instance) prior to the proposed date of issuance of such Letter of Credit. Each such notice shall be accompanied by an L/C Application, duly executed by the Company (together with any Subsidiary for the account of which the related Letter of Credit is to be issued) and in all respects satisfactory to the Administrative Agent and the applicable Issuing Bank, together with such other documentation as the Administrative Agent or such Issuing Bank may reasonably request in support thereof, it being understood that each L/C Application shall specify, among other things, the date on which the proposed Letter of Credit is to be issued, the expiration date of such Letter of Credit (which shall not be later than seven days prior to the Revolving Termination Date) and whether such Letter of Credit is to be transferable in whole or in part. So long as the applicable Issuing Bank has not received written notice that the conditions precedent set forth in Section 11 with respect to the issuance of such Letter of Credit have not been satisfied, such Issuing Bank shall issue such Letter of Credit on the requested issuance date. Each Issuing Bank shall promptly advise the Administrative Agent of the issuance of each Letter of Credit by such Issuing Bank and of any amendment thereto, extension thereof or event or circumstance changing the amount available for drawing thereunder.
Appears in 2 contracts
Sources: Credit Agreement (Synagro Technologies Inc), Credit Agreement (Synagro Technologies Inc)
L/C Applications. The Company Each Borrower shall execute and deliver to the L/C Issuer the Master Letter of Credit Agreement from time to time in effect. Borrowers shall give notice to the Administrative Agent and the applicable Issuing Bank L/C Issuer of the proposed issuance of each Letter of Credit on a Business Day which is at least three Business Days (or such lesser number of days as the L/C Issuer and Administrative Agent and such Issuing Bank shall agree in any particular instanceinstance in their sole discretion) prior to the proposed date of issuance of such Letter of Credit. Each such notice shall be accompanied by an L/C Application, duly executed by the Company (together with any Subsidiary for the account of which the related Letter of Credit is to be issued) ▇▇▇▇▇▇▇▇▇ and in all respects satisfactory to the Agent and the applicable Issuing BankL/C Issuer, together with such other documentation as the Agent or such Issuing Bank L/C Issuer may reasonably request in support thereof, it being understood that each L/C Application shall specify, among other things, the date on which the proposed Letter of Credit is to be issued, the expiration date of such Letter of Credit (which shall not be later than seven the scheduled Maturity Date (unless such Letter of Credit is Cash Collateralized at least 30 days prior to the Termination scheduled Maturity Date)) and whether such Letter of Credit is to be transferable in whole or in part. So long as the applicable Issuing Bank has not received written notice that the conditions precedent set forth in Section 11 with respect to the issuance of such Any Letter of Credit have not been satisfied, such Issuing Bank outstanding after the scheduled Maturity Date which is Cash Collateralized for the benefit of the L/C Issuer shall issue such be the sole responsibility of the L/C Issuer. In the event of any inconsistency between the terms of the Master Letter of Credit on Agreement, any L/C Application and the requested issuance date. Each Issuing Bank terms of this Agreement, the terms of this Agreement shall promptly advise the Agent of the issuance of each Letter of Credit by such Issuing Bank and of any amendment thereto, extension thereof or event or circumstance changing the amount available for drawing thereundercontrol.
Appears in 2 contracts
Sources: Loan and Security Agreement (S&W Seed Co), Loan and Security Agreement (S&W Seed Co)
L/C Applications. The Company shall give notice to the Agent and the applicable Issuing Bank of the proposed issuance of each Letter of Credit on a Business Day which is at least three Business Days (or such lesser number of days as the Agent and such the Issuing Bank shall agree in any particular instanceinstance in their sole discretion) prior to the proposed date of issuance of such Letter of Credit. Each such notice shall be accompanied by an L/C Application, duly executed by the Company (together with any Subsidiary for the account of which the related Letter of Credit is to be issued) and in all respects satisfactory to the Agent and the applicable Issuing Bank, together with such other documentation as the Agent or such the Issuing Bank may reasonably request in support thereof, it being understood that each L/C Application shall specify, among other things, the date on which the proposed Letter of Credit is to be issued, the expiration date of such Letter of Credit (which shall not be later than seven the earlier to occur of (x) one year after the date of issuance thereof (provided that a Letter of Credit with a one-year tenor may be automatically renewable annually upon notice to the Agent so long as, after giving effect to any renewal, the expiration date of such Letter of Credit shall not extend beyond the date referred to in clause (y)) and (y) thirty days prior to the scheduled Termination Date) and whether such Letter of Credit is to be transferable in whole or in part. So long as the applicable Issuing Bank has not received written notice that the conditions precedent set forth in Section 11 with respect to the issuance of such Letter of Credit have not been satisfied, such the Issuing Bank shall issue such Letter of Credit on the requested issuance date. Each The Issuing Bank shall promptly advise the Agent of the issuance of each Letter of Credit by such Issuing Bank and of any amendment thereto, extension thereof or event or circumstance changing the amount available for drawing thereunder. In the event of any inconsistency between the terms of any L/C Application and the terms of this Agreement, the terms of this Agreement shall control.
Appears in 1 contract
Sources: Credit Agreement (Compudyne Corp)
L/C Applications. The Company shall give notice to the Agent and the ---------------- applicable Issuing Bank of the proposed issuance of each Letter of Credit on a Business Day which is at least three Business Days (or such lesser number of days as the Agent and such Issuing Bank shall agree in any particular instance) prior to the proposed date of issuance of such Letter of Credit. Each such notice shall be accompanied by an L/C Application, duly executed by the Company (together with any Subsidiary for the account of which the related Letter of Credit is to be issued) and in all respects satisfactory to the Agent and the applicable Issuing Bank, together with such other documentation as the Agent or such Issuing Bank may reasonably request in support thereof, it being understood that each L/C Application shall specify, among other things, the date on which the proposed Letter of Credit is to be issued, the expiration date of such Letter of Credit (which shall not be later than seven days prior to the scheduled Revolving Termination Date) and whether such Letter of Credit is to be transferable in whole or in part. So long as the applicable Issuing Bank has not received written notice that the conditions precedent set forth in Section 11 with respect to the issuance of ---------- such Letter of Credit have not been satisfied, such Issuing Bank shall issue such Letter of Credit on the requested issuance date. Each Issuing Bank shall promptly advise the Agent of the issuance of each Letter of Credit by such Issuing Bank and of any amendment thereto, extension thereof or event or circumstance changing the amount available for drawing thereunder.
Appears in 1 contract
L/C Applications. The Company Representative shall give notice to the Agent and the applicable Issuing Bank of the proposed issuance of each Letter of Credit on a Business Day which is at least three Business Days (or such lesser number of days as the Agent and such the Issuing Bank shall agree in any particular instanceinstance in their sole discretion) prior to the proposed date of issuance of such Letter of Credit. Each such notice shall be accompanied by an L/C Application, duly executed by the Company (together with any Subsidiary for the account of which the related Letter of Credit is to be issued) Representative and in all respects satisfactory to the Agent and the applicable Issuing Bank, together with such other documentation as the Agent or such the Issuing Bank may reasonably request in support thereof, it being understood that each L/C Application shall specify, among other things, the date on which the proposed Letter of Credit is to be issued, the expiration date of such Letter of Credit (which shall be acceptable to the Agent and the Issuing Bank in their sole discretion and in any event shall not be later than seven the earlier to occur of (x) one year after the date of issuance thereof and (y) thirty days prior to the scheduled Termination Date) and whether such Letter of Credit is to be transferable in whole or in part. So long as Upon approval of the applicable Issuing Bank has not received written notice that and satisfaction of each of the conditions precedent set forth in Section 11 with respect to the issuance of such Letter of Credit (the satisfaction of which the Issuing Bank) shall have not been satisfiedno duty to ascertain), such the Issuing Bank shall issue such Letter of Credit on the requested issuance date. Each The Issuing Bank shall promptly advise the Agent of the issuance of each Letter of Credit by such Issuing Bank and of any amendment thereto, extension thereof or event or circumstance changing the amount available for drawing thereunder. In the event of any inconsistency between the terms of any L/C Application and the terms of this Agreement, the terms of this Agreement shall control.
Appears in 1 contract
L/C Applications. The Company shall give notice to the Agent and the applicable Issuing Bank Lender of the proposed issuance of each Letter of Credit on a Business Day which is at least three Business Days (or such lesser number of days as the Agent and such the Issuing Bank Lender shall agree in any particular instanceinstance in their sole discretion) prior to the proposed date of issuance of such Letter of Credit. Each such notice shall be accompanied by an L/C Application, duly executed by the Company (together with any Subsidiary for the account of which the related Letter of Credit is to be issued) and in all respects satisfactory to the Agent and the applicable Issuing BankLender, together with such other documentation as the Agent or such the Issuing Bank Lender may reasonably request in support thereof, it being understood that each L/C Application shall specify, among other things, the date on which the proposed Letter of Credit is to be issued, the expiration date of such Letter of Credit (which shall not be later than seven the earlier to occur of (x) one year after the date of issuance thereof and (y) thirty days prior to the scheduled Termination Date) and whether such Letter of Credit is to be transferable in whole or in part. So long as the applicable Issuing Bank Lender has not received written notice that the conditions precedent set forth in Section 11 with respect to the issuance of such Letter of Credit have not been satisfied, such the Issuing Bank Lender shall issue such Letter of Credit on the requested issuance date. Each The Issuing Bank Lender shall promptly advise the Agent of the issuance of each Letter of Credit by such Issuing Bank and of any amendment thereto, extension thereof or event or circumstance changing the amount available for drawing thereunder. In the event of any inconsistency between the terms of any L/C Application and the terms of this Agreement, the terms of this Agreement shall control.
Appears in 1 contract
L/C Applications. The Company Borrower shall give notice to the Agent and the applicable Issuing Bank of the proposed issuance of each Letter of Credit on a Business Day which is at least three Business Days (or such lesser number of days as the Agent and such Issuing Bank shall agree in any particular instance) prior to the proposed date of issuance of such Letter of Credit. Each such notice shall be accompanied by an L/C Application, duly executed by the Company Borrower (together with any Subsidiary for the account of which the related Letter of Credit is to be issued) and in all respects satisfactory to the Agent and the applicable Issuing Bank, together with such other documentation as the Agent or such Issuing Bank may reasonably request in support thereof, it being understood that each L/C Application shall specify, among other things, the date on which the proposed Letter of Credit is to be issued, the expiration date of such Letter of Credit (which shall not be later than seven days prior to the Termination Date) and whether such Letter of Credit is to be transferable in whole or in part. So long as the applicable Issuing Bank has not received written notice that the conditions precedent set forth in Section 11 ARTICLE XI with respect to the issuance of such Letter of Credit have not been satisfied, such Issuing Bank shall issue such Letter of Credit on the requested issuance date. Each Issuing Bank shall promptly advise the Agent and the Banks of the issuance of each Letter of Credit by such Issuing Bank and of any amendment thereto, extension thereof or event or circumstance changing the amount available for drawing thereunder.
Appears in 1 contract
Sources: Credit Agreement (Input Output Inc)
L/C Applications. Each Company shall execute and deliver to the Issuing Lender the Master Letter of Credit Agreement from time to time in effect. The Company Representative shall give notice to the Administrative Agent and the applicable Issuing Bank Lender of the proposed issuance of each Letter of Credit on a Business Day which is at least three Business Days (or such lesser number of days as the Administrative Agent and such the Issuing Bank Lender shall agree in any particular instanceinstance in their reasonable discretion) prior to the proposed date of issuance of such Letter of Credit. Each such notice shall be accompanied by an L/C Application, duly executed by the applicable Company (together with any Subsidiary for the account of which the related Letter of Credit is to be issued) and in all respects satisfactory to the Administrative Agent and the applicable Issuing BankLender, together with such other documentation as the Administrative Agent or such the Issuing Bank Lender may reasonably request in support thereof, it being understood that each L/C Application shall specify, among other things, the date on which the proposed Letter of Credit is to be issued, the expiration date of such Letter of Credit (which shall not be later than seven days prior the scheduled Termination Date (unless such Letter of Credit is Cash Collateralized, in which case, such Letter of Credit expiration date may occur up to one year after the scheduled Termination Date) and )), whether such Letter of Credit is to be transferable in whole or in part. So long as the applicable Issuing Bank has not received written notice that the conditions precedent set forth in Section 11 with respect to the issuance of , and whether such Letter of Credit have not been satisfied, such Issuing Bank shall issue such is to be a Standby Letter of Credit on the requested issuance date. Each Issuing Bank shall promptly advise the Agent of the issuance of each or a Trade Letter of Credit by such Issuing Bank and of any amendment thereto, extension thereof or event or circumstance changing the amount available for drawing thereunder.of
Appears in 1 contract
L/C Applications. The Company shall give notice to the Administrative Agent and the applicable Issuing Bank of the proposed issuance of each Letter of Credit on a Business Day which is at least three Business Days (or such lesser number of days as the Administrative Agent and such Issuing Bank shall agree in any particular instance) prior to the proposed date of issuance of such Letter of Credit. Each such notice shall be accompanied by an L/C Application, duly executed by the Company (together with any Subsidiary for the account of which the related Letter of Credit is to be issued) and in all respects satisfactory to the Administrative Agent and the applicable Issuing Bank, together with such other documentation as the Administrative Agent or such Issuing Bank may reasonably request in support thereof, it being understood that each L/C Application shall specify, among other things, the date on which the proposed Letter of Credit is to be issued, the expiration date of such Letter of Credit (which shall not be later than seven days prior to the Revolving Termination Date) and whether such Letter of Credit is to be transferable in whole or in part. So long as the applicable Issuing Bank has not received written notice that the conditions precedent set forth in Section 11 with respect to the issuance of such Letter of Credit have not been satisfied, such Issuing Bank shall issue such Letter of Credit on the requested issuance date. Each Issuing Bank shall promptly advise the Administrative Agent of the issuance of each Letter of Credit by such Issuing Bank and of any amendment thereto, extension thereof or event or circumstance changing the amount available for drawing thereunder.
Appears in 1 contract
L/C Applications. The Company shall give notice to the Agent and the applicable Issuing Bank Lender of the proposed issuance of each Letter of Credit on a Business Day which is at least three Business Days (or such lesser number of days as the Agent and such the Issuing Bank Lender shall agree in any particular instanceinstance in their sole discretion) prior to the proposed date of issuance of such Letter of Credit. Each such notice shall be accompanied by an L/C Application, duly executed by the Company (together with any Subsidiary for the account of which the related Letter of Credit is to be issued) and in all respects reasonably satisfactory to the Agent and the applicable Issuing BankLender, together with such other documentation as the Agent or such the Issuing Bank Lender may reasonably request in support thereof, it being understood that each L/C Application shall specify, among other things, the date on which the proposed Letter of Credit is to be issued, the expiration date of such Letter of Credit (which shall not be later than seven the earlier to occur of (x) one year after the date of issuance thereof and (y) thirty days prior to the scheduled Revolving Termination Date) and whether such Letter of Credit is to be transferable in whole or in part. So long as the applicable Issuing Bank Lender has not received written notice that the conditions precedent set forth in Section 11 10 with respect to the issuance of such Letter of Credit have not been satisfied, such the Issuing Bank Lender shall issue such Letter of Credit on the requested issuance date. Each The Issuing Bank Lender shall promptly advise the Agent of the issuance of each Letter of Credit by such Issuing Bank and of any amendment thereto, extension thereof or event or circumstance changing the amount available for drawing thereunder. In the event of any inconsistency between the terms of any L/C Application and the terms of this Agreement, the terms of this Agreement shall control.
Appears in 1 contract
L/C Applications. The Provided that the Company has executed and delivered a Master L/C Agreement to the Issuing Bank, the Company shall give notice to the Administrative Agent and the applicable Issuing Bank of the proposed issuance of each Letter of Credit on a Business Day which is at least three Business Days (or such lesser number of days as the Administrative Agent and such the Issuing Bank shall agree in any particular instanceinstance in their sole discretion) prior to the proposed date of issuance of such Letter of Credit. Each such notice shall be accompanied by an L/C Application, duly executed by the Company (together with any Subsidiary for the account of which the related Letter of Credit is to be issued) and in all respects satisfactory to the Administrative Agent and the applicable Issuing Bank, together with such other documentation as the Administrative Agent or such the Issuing Bank may reasonably request in support thereof, it being understood that each L/C Application shall specify, among other things, the date on which the proposed Letter of Credit is to be issued, the expiration date of such Letter of Credit (which shall not be later than seven days prior to one year after the scheduled Termination Date) and whether such Letter of Credit is to be transferable in whole or in part. So long as the applicable Issuing Bank has not received written notice that the conditions precedent set forth in Section 11 with respect to the issuance of such Letter of Credit have not been satisfied, such the Issuing Bank shall issue such Letter of Credit on the requested issuance date. Each The Issuing Bank shall promptly advise the Administrative Agent of the issuance of each Letter of Credit by such Issuing Bank and of any amendment thereto, extension thereof or event or circumstance changing the amount available for drawing thereunder. In the event of any inconsistency between the terms of the Master L/C Agreement, any L/C Application and the terms of this Agreement, the terms of this Agreement shall control. Notwithstanding anything to the contrary, the Letters of Credit listed on Schedule 2.3.1, shall be deemed to have been issued pursuant to this Agreement on the Effective Date.
Appears in 1 contract
L/C Applications. The Company shall give notice to the Administrative Agent and the applicable Issuing Bank Lender of the proposed issuance of each Letter of Credit on a Business Day which is at least three Business Days (or such lesser number of days as the Administrative Agent and such Issuing Bank Lender shall agree in any particular instance) prior to the proposed date of issuance of such Letter of Credit. Each such notice shall be accompanied by an L/C Application, duly executed by the Company (together with any Subsidiary other Person for the account of which the related Letter of Credit is to be issued) and in all respects reasonably satisfactory to the Administrative Agent and the applicable Issuing BankLender, together with such other documentation as the Administrative Agent or such Issuing Bank Lender may reasonably request in support thereof, it being understood that each L/C Application shall specify, among other things, the date on which the proposed Letter of Credit is to be issued, the expiration date of such Letter of Credit (which shall not be later than seven days prior to the Revolving Termination Date) and whether such Letter of Credit is to be transferable in whole or in part. So long as the applicable Issuing Bank Lender has not received written notice that the conditions precedent set forth in Section 11 with respect to the issuance of such Letter of Credit have not been satisfied, such Issuing Bank Lender shall issue such Letter of Credit on the requested issuance date. Each Issuing Bank Lender shall promptly advise the Administrative Agent of the issuance of each Letter of Credit by such Issuing Bank Lender and of any amendment thereto, extension thereof or event or circumstance changing the amount available for drawing thereunder.
Appears in 1 contract
Sources: Credit Agreement (Middleby Corp)
L/C Applications. The Company Borrower shall give notice to the Agent and the applicable Issuing Bank Lender of the proposed issuance of each Letter of Credit on a Business Day which is at least three Business Days (or such lesser number of days as the Agent and such Issuing Bank Lender shall agree in any particular instanceinstance in their sole discretion) prior to the proposed date of issuance of such Letter of CreditCredit substantially in the form of Exhibit B attached hereto. Each such notice shall be accompanied by an L/C Application, duly executed by the Company (together with any Subsidiary for the account of which the related Letter of Credit is to be issued) ▇▇▇▇▇▇▇▇ and in all 135333485v.12 respects satisfactory to the Agent and the applicable Issuing BankLender, together with such other documentation as the Agent or such Issuing Bank Lender may reasonably request in support thereof, it being understood that each L/C Application shall specify, among other things, the date on which the proposed Letter of Credit is to be issued, whether GRIL will be a co-applicant under the Letter of Credit, the expiration date of such Letter of Credit (which which, except as otherwise permitted under this Section 2.3, shall not be later than seven days prior the scheduled Termination Date (unless such Letter of Credit is Cash Collateralized)), if Borrower desired that the Letter of Credit to the Termination Date) be issued in a currency other than Dollars, such currency and whether such Letter of Credit is to be transferable in whole or in part. So long as the applicable Issuing Bank has not received written notice that the conditions precedent set forth in Section 11 with respect to the issuance of such Letter of Credit have not been satisfied, such Issuing Bank Lender shall issue such Letter of Credit on the requested issuance date. Each Issuing Bank shall promptly advise In the Agent event of any inconsistency between the terms of the issuance of each Master Letter of Credit by such Issuing Bank Agreement, any L/C Application and the terms of this Agreement, the terms of this Agreement shall control. Promptly after its delivery of any Letter of Credit or any amendment theretoto a Letter of Credit to an advising bank with respect thereto or to the beneficiary thereof, extension thereof ▇▇▇▇▇▇ will also deliver to Borrower a true and complete copy of such Letter of Credit or event or circumstance changing the amount available for drawing thereunderamendment.
Appears in 1 contract
L/C Applications. The Company shall give notice to the Agent and ---------------- the applicable Issuing Bank of the proposed issuance of each Letter of Credit on a Business Day which is at least three Business Days (or such lesser number of days as the Agent and such Issuing Bank shall agree in any particular instance) prior to the proposed date of issuance of such Letter of Credit. Each such notice shall be accompanied by an L/C Application, duly executed by the Company (together with any Subsidiary for the account of which the related Letter of Credit is to be issued) and in all respects satisfactory to the Agent and the applicable Issuing Bank, together with such other documentation as the Agent or such Issuing Bank may reasonably request in support thereof, it being understood that each L/C Application shall specify, among other things, the date on which the proposed Letter of Credit is to be issued, the expiration date of such Letter of Credit (which shall not be later than seven days prior to the Termination Date) and whether such Letter of Credit is to be transferable in whole or in part. So long as the applicable Issuing Bank has not received written notice that the conditions precedent set forth in Section 11 with respect to the issuance of such Letter of ---------- Credit have not been satisfied, such Issuing Bank shall issue such Letter of Credit on the requested issuance date. Each Issuing Bank shall promptly advise the Agent of the issuance of each Letter of Credit by such Issuing Bank and of any amendment thereto, extension thereof or event or circumstance changing the amount available for drawing thereunder.
Appears in 1 contract
L/C Applications. The Company Borrowers shall give written notice to the Agent and Issuing Lender in the applicable Issuing Bank form attached hereto as Exhibit F (“Notice of LOC”) of the proposed issuance of each Letter of Credit on a Business Day which is at least three seven (7) Business Days (or such lesser number of days as the Agent and such Issuing Bank Lender shall agree in any particular instanceinstance in their sole discretion) prior to the proposed date of issuance of such Letter of Credit, and such Notice of LOC shall set forth the type of Letter of Credit (trade, banker’s acceptance or stand-by) and the proposed use of proceeds of such Letter of Credit. Each such notice Notice of LOC shall be accompanied by an L/C Application, duly executed by the Company (together with any Subsidiary for the account of which the related Letter of Credit is to be issued) Borrowers and in all respects satisfactory to the Agent and the applicable Issuing BankLender, together with such other documentation as the Agent or such Issuing Bank Lender may reasonably request in support thereof, it being understood that each L/C Application shall specify, among other things, the date on which the proposed Letter of Credit is to be issued, the expiration date of such Letter of Credit (which shall not be later than seven days prior to the Termination Datescheduled Termination) and whether such Letter of Credit is to be transferable in whole or in part. So long as the applicable Issuing Bank has not received written notice that the conditions precedent set forth in Section 11 12.2 with respect to the issuance of such Letter of Credit have not been satisfied, such the Issuing Bank Lender shall issue such Letter of Credit on the requested issuance date. Each Issuing Bank shall promptly advise In the Agent of the issuance of each Letter of Credit by such Issuing Bank and event of any amendment theretoinconsistency between the terms of any L/C Application and the terms of this Agreement, extension thereof or event or circumstance changing the amount available for drawing thereunderterms of this Agreement shall control.
Appears in 1 contract
L/C Applications. The Company shall give notice to the Agent and the applicable Issuing Bank Lender of the proposed issuance of each Letter of Credit (other than an Existing Letter of Credit) on a Business Day which is at least three Business Days (or such lesser number of days as the Agent and such the Issuing Bank Lender shall agree in any particular instanceinstance in their sole discretion) prior to the proposed date of issuance of such Letter of Credit. Each such notice shall be accompanied by an L/C Application, duly executed by the Company (together with any Subsidiary for the account of which the related Letter of Credit is to be issued) and in all respects reasonably satisfactory to the Agent and the applicable Issuing BankLender, together with such other documentation as the Agent or such the Issuing Bank Lender may reasonably request in support thereof, it being understood that each L/C Application shall specify, among other things, the date on which the proposed Letter of Credit is to be issued, the expiration date of such Letter of Credit (which shall not be later than seven the earlier to occur of (x) one year after the date of issuance thereof and (y) thirty days prior to the scheduled Termination Date) and whether such Letter of Credit is to be transferable in whole or in part. So long as the applicable Issuing Bank Lender has not received written notice that the conditions precedent set forth in Section 11 10 with respect to the issuance of such Letter of Credit have not been satisfied, such the Issuing Bank Lender shall issue such Letter of Credit on the requested issuance date. Each The Issuing Bank Lender shall promptly advise the Agent and each Lender of the issuance of each Letter of Credit by such Issuing Bank and of any amendment thereto, extension thereof or event or circumstance changing the amount available for drawing thereunder. In the event of any inconsistency between the terms of any L/C Application and the terms of this Agreement, the terms of this Agreement shall control.
Appears in 1 contract
L/C Applications. The Company shall give notice to the Agent and the applicable Issuing Bank of the proposed issuance of each Letter of Credit on a Business Day which is at least three Business Days (or such lesser number of days as the Agent and such the Issuing Bank shall agree in any particular instanceinstance in their sole discretion) prior to the proposed date of issuance of such Letter of Credit. Each such notice shall be accompanied by an L/C Application, duly executed by the Company (together with any Subsidiary for the account of which the related Letter of Credit is to be issued) and in all respects satisfactory to the Agent and the applicable Issuing Bank, together with such other documentation as the Agent or such the Issuing Bank may reasonably request in support thereof, it being understood that each L/C Application shall specify, among other things, the date on which the proposed Letter of Credit is to be issued, the expiration date of such Letter of Credit (which shall not be later than seven the earlier to occur of (x) one year after the date of issuance thereof and (y) thirty days prior to the scheduled Termination Date) and whether such Letter of Credit is to be transferable in whole or in part. So long as the applicable Issuing Bank has not received written notice that the conditions precedent set forth in Section 11 with respect to the issuance of such Letter of Credit have not been satisfied, such the Issuing Bank shall issue such Letter of Credit on the requested issuance date. Each The Issuing Bank shall promptly advise the Agent of the issuance of each Letter of Credit by such Issuing Bank and of any amendment thereto, extension thereof or event or circumstance changing the amount available for drawing thereunder. In the event of any inconsistency between the terms of any L/C Application or the Master Letter of Credit Agreement, on the one hand, and the terms of this Agreement, on the other hand, the terms of this Agreement shall control.
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L/C Applications. The Company shall give notice to the Agent and the applicable Issuing Bank Lender of the proposed issuance of each Letter of Credit (other than an Existing Letter of Credit) on a Business Day which is at least three Business Days (or such lesser number of days as the Agent and such the Issuing Bank Lender shall agree in any particular instanceinstance in their sole discretion) prior to the proposed date of issuance of such Letter of Credit. Each such notice shall be accompanied by an L/C Application, duly executed by the Company (together with any Subsidiary for the account of which the related Letter of Credit is to be issued) and in all respects reasonably satisfactory to the Agent and the applicable Issuing BankLender, together with such other documentation as the Agent or such the Issuing Bank Lender may reasonably request in support thereof, it being understood that each L/C Application shall specify, among other things, the date on which the proposed Letter of Credit is to be issued, the expiration date of such Letter of Credit (which shall not be later than seven the earlier to occur of (x) one year after the date of issuance thereof and (y) thirty days prior to the scheduled Revolving Termination Date) and whether such Letter of Credit is to be transferable in whole or in part. So long as the applicable Issuing Bank Lender has not received written notice that the conditions precedent set forth in Section 11 10 with respect to the issuance of such Letter of Credit have not been satisfied, such the Issuing Bank Lender shall issue such Letter of Credit on the requested issuance date. Each The Issuing Bank Lender shall promptly advise the Agent and each Lender of the issuance of each Letter of Credit by such Issuing Bank and of any amendment thereto, extension thereof or event or circumstance changing the amount available for drawing thereunder.. In the event of any
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L/C Applications. The Company shall give notice to the Agent and the applicable Issuing Bank of the proposed issuance of each Letter of Credit on a Business Day which is at least three Business Days (or such lesser number of days as the Agent and such Issuing Bank shall agree in any particular instance) prior to the proposed date of issuance of such Letter of Credit. Each such notice shall be accompanied by an L/C Application, duly executed by the Company (together with any Subsidiary for the account of which the related Letter of Credit is to be issued) and in all respects satisfactory to the Agent and the applicable Issuing Bank, together with such other documentation as the Agent or such Issuing Bank may reasonably request in support thereof, it being understood that each L/C Application shall specify, among other things, the date on which the proposed Letter of Credit is to be issued, the expiration date of such Letter of Credit (which shall not be later than seven days prior to the Termination Date) and whether such Letter of Credit is to be transferable in whole or in part. So long as the applicable Issuing Bank has not received written notice that the conditions precedent set forth in Section 11 with respect to the issuance of such Letter of Credit have not been satisfied, such Issuing Bank shall issue such Letter of Credit on the requested issuance date. Each Issuing Bank shall promptly advise the Agent of the issuance of each Letter of Credit by such Issuing Bank and of any amendment thereto, extension thereof or event or circumstance changing the amount available for drawing thereunder.
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L/C Applications. The Company shall give notice to the Agent and the applicable Issuing Bank of the proposed issuance of each Letter of Credit on a Business Day which is at least three Business Days (or such lesser number of days as the Agent and such the Issuing Bank shall agree in any particular instanceinstance in their sole discretion) prior to the proposed date of issuance of such Letter of Credit. Each such notice shall be accompanied by an L/C Application, duly executed by the Company (together with any Subsidiary for the account of which the related Letter of Credit is to be issued) and in all respects satisfactory to the Agent and the applicable Issuing Bank, together with such other documentation as the Agent or such the Issuing Bank may reasonably request in support thereof, it being understood that each L/C Application shall specify, among other things, the date on which the proposed Letter of Credit is to be issued, the expiration date of such Letter of Credit (which shall not be later than seven the earlier to occur of (x) one year after the date of issuance thereof and (y) thirty days prior to the scheduled Termination Date) and whether such Letter of Credit is to be transferable in whole or in part. So long as the applicable Issuing Bank has not received written notice that the conditions precedent set forth in Section 11 with respect to the issuance of such Letter of Credit have not been satisfied, such the Issuing Bank shall issue such Letter of Credit on the requested issuance date. Each The Issuing Bank shall promptly advise the Agent of the issuance of each Letter of Credit by such Issuing Bank and of any amendment thereto, extension thereof or event or circumstance changing the amount available for drawing thereunder. In the event of any inconsistency between the terms of any L/C Application and the terms of this Agreement, the terms of this Agreement shall control.
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Sources: Credit Agreement (Loews Cineplex Entertainment Corp)
L/C Applications. The Company shall give notice to the Agent and the applicable Issuing Bank of the proposed issuance of each Letter of Credit on a Business Day which is at least three Business Days (or such lesser number of days as the Agent and such Issuing Bank shall agree in any particular instance) prior to the proposed date of issuance of such Letter of Credit. Each such notice shall be accompanied by an L/C Application, duly executed by the Company (together with any Subsidiary for the account of which the related Letter of Credit is to be issued) and in all respects satisfactory to the Agent and the applicable Issuing Bank, together with such other documentation as the Agent or such Issuing Bank may reasonably request in support thereof, it being understood that each L/C Application shall specify, among other things, the date on which the proposed Letter of Credit is to be issued, the expiration date of such Letter of Credit (which shall not be later than seven days prior to the Termination Date) and whether such Letter of Credit is to be transferable in whole or in part. So long as the applicable Issuing Bank has not received written notice that the conditions precedent set forth in Section 11 with respect to the issuance of such Letter of Credit have not been satisfied, such Issuing Bank shall issue such Letter of Credit on the requested issuance date. Each Issuing Bank shall promptly advise the Agent of the issuance of each Letter of Credit by such Issuing Bank and of any amendment thereto, extension thereof or event or circumstance changing the amount available for drawing thereunder.
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L/C Applications. The Company shall give notice to the Agent and the applicable Issuing Bank of the proposed issuance of each Letter of Credit on a Business Day which is at least three Business Days (or such lesser number of days as the Agent and such the Issuing Bank shall agree in any particular instanceinstance in their sole discretion) prior to the proposed date of issuance of such Letter of Credit. Each such notice shall be accompanied by an L/C Application, duly executed by the Company (together with any Subsidiary for the account of which the related Letter of Credit is to be issued) and in all respects satisfactory to the Agent and the applicable Issuing Bank, together with such other documentation as the Agent or such the Issuing Bank may reasonably request in support thereof, it being understood that each L/C Application shall specify, among other things, the date on which the proposed Letter of Credit is to be issued, the expiration date of such Letter of Credit (which shall not be later than seven the earlier to occur of (x) one year after the date of issuance thereof and (y) twenty-five days prior to the scheduled Termination Date) , provided that, subject to clause (y), any Letter of Credit with a one-year term may provide for renewal thereof for additional one year periods), and whether such Letter of Credit is to be transferable in whole or in part. So long as the applicable Issuing Bank has not received written notice that the conditions precedent set forth in Section 11 with respect to the issuance of such Letter of Credit have not been satisfied, such the Issuing Bank shall issue such Letter of Credit on the requested issuance date. Each The Issuing Bank shall promptly advise the Agent of the issuance of each Letter of Credit by such Issuing Bank and of any amendment thereto, extension thereof or event or circumstance changing the amount available for drawing thereunder. In the event of any inconsistency between the terms of any L/C Application and the terms of this Agreement, the terms of this Agreement shall control.
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Sources: Credit Agreement (Asg Sub Inc)
L/C Applications. The Company shall give notice to the Agent and the applicable Issuing Bank Lender of the proposed issuance of each Letter of Credit on a Business Day which that is at least three Business Days (or such lesser number of days as the Agent and such the Issuing Bank Lender shall agree in any particular instanceinstance in their sole discretion) prior to the proposed date of issuance of such Letter of Credit. Each such notice shall be accompanied by an L/C Application, duly executed by the Company (together with any Subsidiary for the account of which the related Letter of Credit is to be issued) and in all respects reasonably satisfactory to the Agent and the applicable Issuing BankLender, together with such other documentation as the Agent or such the Issuing Bank Lender may reasonably request in support thereof, it being understood that each L/C Application shall specify, among other things, the date on which the proposed Letter of Credit is to be issued, the expiration date of such Letter of Credit (which shall not be later than seven the earlier to occur of (x) one year after the date of issuance thereof and (y) thirty days prior to the scheduled Termination Date) and whether such Letter of Credit is to be transferable in whole or in part. So long as the applicable Issuing Bank Lender has not received written notice that the conditions precedent set forth in Section 11 10 with respect to the issuance of such Letter of Credit have not been satisfied, such the Issuing Bank Lender shall issue such Letter of Credit on the requested issuance date. Each The Issuing Bank Lender shall promptly advise the Agent and each Lender of the issuance of each Letter of Credit by such Issuing Bank and of any amendment thereto, extension thereof or event or circumstance changing the amount available for drawing thereunder. In the event of any inconsistency between the terms of any L/C Application and the terms of this Agreement, the terms of this Agreement shall control.
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Sources: Credit Agreement (Lithia Motors Inc)
L/C Applications. The Loan Parties shall execute and deliver to the Lender the Master Letter of Credit Agreement from time to time in effect. The Company shall give notice to the Agent and the applicable Issuing Bank Lender of the proposed issuance of each Letter of Credit on a Business Day which is at least three Business Days (or such lesser number of days as the Agent and such Issuing Bank Lender shall agree in any particular instanceinstance in its sole discretion) prior to the proposed date of issuance of such Letter of Credit. Each such notice shall be accompanied by an L/C Application, duly executed by the Company (together with any Subsidiary for the account of which the related Letter of Credit is to be issued) and in all respects satisfactory to the Agent and the applicable Issuing BankLender, together with such other documentation as the Agent or such Issuing Bank Lender may reasonably request in support thereof, it being understood that each L/C Application shall specify, among other things, the date on which the proposed Letter of Credit is to be issued, the expiration date of such Letter of Credit (which shall not be later than seven the earlier of thirty (30) days prior to (i) one year after the date of issuance thereof and (ii) the scheduled Termination DateDate (unless such Letter of Credit is Cash Collateralized) provided, a Letter of Credit with an expiration date of one year may provide for renewal thereof in additional one-year periods, subject to the preceding clause (ii)) and whether such Letter of Credit is to be transferable in whole or in part. So long as the applicable Issuing Bank Lender has not received written notice that the conditions precedent set forth in Section 11 12 with respect to the issuance of such Letter of Credit have not been satisfied, such Issuing Bank the Lender shall issue such Letter of Credit on the requested issuance date. Each Issuing Bank shall promptly advise In the Agent event of any inconsistency between the terms of the issuance of each Master Letter of Credit by such Issuing Bank Agreement, any L/C Application and the terms of any amendment theretothis Agreement, extension thereof or event or circumstance changing the amount available for drawing thereunderterms of this Agreement shall control.
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L/C Applications. The Company shall give notice to the Agent and the applicable Issuing Bank Lender of the proposed issuance of each Letter of Credit on a Business Day which is at least three Business Days (or such lesser number of days as the Agent and such the Issuing Bank Lender shall agree in any particular instanceinstance in their sole discretion) prior to the proposed date of issuance of such Letter of Credit. Each such notice shall be accompanied by an L/C Application, duly executed by the Company (together with any Subsidiary for the account of which the related Letter of Credit is to be issued) and in all respects reasonably satisfactory to the Agent and the applicable Issuing BankLender, together with such other documentation as the Agent or such the Issuing Bank Lender may reasonably request in support thereof, it being understood that each L/C Application shall specify, among other things, the date on which the proposed Letter of Credit is to be issued, the expiration date of such Letter of Credit (which shall not be later than seven the earlier to occur of (x) one year after the date of issuance thereof and (y) thirty days prior to the scheduled Termination Date) and whether such Letter of Credit is to be transferable in whole or in part. So long as the applicable Issuing Bank Lender has not received written notice that the conditions precedent set forth in Section 11 10 with respect to the issuance of such Letter of Credit have not been satisfied, such the Issuing Bank Lender shall issue such Letter of Credit on the requested issuance date. Each The Issuing Bank Lender shall promptly advise the Agent of the issuance of each Letter of Credit by such Issuing Bank and of any amendment thereto, extension thereof or event or circumstance changing the amount available for drawing thereunder. In the event of any inconsistency between the terms of any L/C Application and the terms of this Agreement, the terms of this Agreement shall control.
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L/C Applications. The Company Borrowers shall give notice to the Agent and the applicable Issuing Bank of the proposed issuance of each Letter of Credit on a Business Day which is at least three Business Days (or such lesser number of days as the Agent and such Issuing Bank shall agree in any particular instance) prior to the proposed date of issuance of such Letter of Credit. Each such notice shall be accompanied by an L/C Application, duly executed by the Company (together with any Subsidiary for the account of which the related Letter of Credit is to be issued) Borrowers and in all respects satisfactory to the Agent and the applicable Issuing Bank, together with such other documentation as the Agent or such Issuing Bank may reasonably request in support thereof, it being understood that each L/C Application shall specify, among other things, the date on which the proposed Letter of Credit is to be issued, the expiration date of such Letter of Credit (which shall not be later than seven days prior to the Termination Date) and whether such Letter of Credit is to be transferable in whole or in part. So long as the applicable Issuing Bank has not received written notice that the conditions precedent set forth in Section 11 with respect to the issuance of such Letter of Credit have not been satisfied, such Issuing Bank shall issue such Letter of Credit on the requested issuance date. Each Issuing Bank shall promptly advise the Agent of the issuance of each Letter of Credit by such Issuing Bank and of any amendment thereto, extension thereof or event or circumstance changing the amount available for drawing thereunder.
Appears in 1 contract
Sources: Credit Agreement (Bogen Communications International Inc)
L/C Applications. The Company shall give notice to the Administrative Agent and the applicable Issuing Bank Lender of the proposed issuance of each Letter of Credit on a Business Day which is at least three Business Days (or such lesser number of days as the Administrative Agent and such the Issuing Bank Lender shall agree in any particular instanceinstance in their sole discretion) prior to the proposed date of issuance of such Letter of Credit. Each such notice shall be accompanied by an L/C Application, duly executed by the Company (together with any Subsidiary for the account of which the related Letter of Credit is to be issued) and in all respects satisfactory to the Administrative Agent and the applicable Issuing BankLender, together with such other documentation as the Administrative Agent or such the Issuing Bank Lender may reasonably request in support thereof, it being understood that each L/C Application shall specify, among other things, the date on which the proposed Letter of Credit is to be issued, the expiration date of such Letter of Credit (which shall not be later than seven the earlier to occur of (x) one year after the date of issuance thereof (provided that any Letter of Credit may, with the consent of the Issuing Lender at the time of the issuance, be automatically renewable for successive one year periods (which shall in no event extend beyond the date referred to in the following clause (y)) subject to the right of the Issuing Lender or the Company to prevent such automatic renewal by notice to the beneficiary in accordance with the terms of such Letter of Credit) and (y) thirty days prior to the scheduled Termination DateDate (unless, in the case of this clause (y), the Company shall have Cash Collateralized in full all obligations with respect to the applicable Letter of Credit)) and whether such Letter of Credit is to be transferable in whole or in part. So long as the applicable Issuing Bank Lender has not received written notice that the conditions precedent set forth in Section 11 with respect to the issuance of such Letter of Credit have not been satisfied, such Issuing Bank shall issue such Letter of Credit on the requested issuance date. Each Issuing Bank shall promptly advise the Agent of the issuance of each Letter of Credit by such Issuing Bank and of any amendment thereto, extension thereof or event or circumstance changing the amount available for drawing thereunder.in
Appears in 1 contract
L/C Applications. The Company shall give notice to the Agent and the applicable Issuing Bank Lender of the proposed issuance of each Letter of Credit (other than the Existing Letter of Credit) on a Business Day which is at least three Business Days (or such lesser number of days as the Agent and such the Issuing Bank Lender shall agree in any particular instanceinstance in their sole discretion) prior to the proposed date of issuance of such Letter of Credit. Each such notice shall be accompanied by an L/C Application, duly executed by the Company (together with any Subsidiary for the account of which the related Letter of Credit is to be issued) and in all respects reasonably satisfactory to the Agent and the applicable Issuing BankLender, together with such other documentation as the Agent or such the Issuing Bank Lender may reasonably request in support thereof, it being understood that each L/C Application shall specify, among other things, the date on which the proposed Letter of Credit is to be issued, the expiration date of such Letter of Credit (which shall not be later than seven the earlier to occur of (x) one year after the date of issuance thereof and (y) thirty days prior to the scheduled Termination Date) and whether such Letter of Credit is to be transferable in whole or in part. So long as the applicable Issuing Bank Lender has not received written notice that the conditions precedent set forth in Section 11 10 with respect to the issuance of such Letter of Credit have not been satisfied, such the Issuing Bank Lender shall issue such Letter of Credit on the requested issuance date. Each The Issuing Bank Lender shall promptly advise the Agent and each Lender of the issuance of each Letter of Credit by such Issuing Bank and of any amendment thereto, extension thereof or event or circumstance changing the amount available for drawing thereunder. In the event of any inconsistency between the terms of any L/C Application and the terms of this Agreement, the terms of this Agreement shall control.
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L/C Applications. The Company shall give notice to the Agent and the applicable Issuing Bank of the proposed issuance of each Letter of Credit on a Business Day which is at least three Business Days (or such lesser number of days as the Agent and such the Issuing Bank shall agree in any particular instanceinstance in their sole discretion) prior to the proposed date of issuance of such Letter of Credit. Each such notice shall be accompanied by an L/C Application, duly executed by the Company (together with any Subsidiary for the account of which the related Letter of Credit is to be issued) and in all respects satisfactory to the Agent and the applicable Issuing Bank, together with such other documentation as the Agent or such the Issuing Bank may reasonably request in support thereof, it being understood that each L/C Application shall specify, among other things, the date on which the proposed Letter of Credit is to be issued, the expiration date of such Letter of Credit (which shall not be later than seven the earlier to occur of (a) one (1) year after the date of issuance thereof and (b) thirty (30) days prior to the scheduled Termination Date) and whether such Letter of Credit is to be transferable in whole or in part. So long as the applicable Issuing Bank has not received written notice that the conditions precedent set forth in Section 11 with respect to the issuance of such Letter of Credit have not been satisfied, such the Issuing Bank shall issue such Letter of Credit on the requested issuance date. Each The Issuing Bank shall promptly advise the Agent of the issuance of each Letter of Credit by such Issuing Bank and of any amendment thereto, extension thereof or event or circumstance changing the amount available for drawing thereunder. In the event of any inconsistency between the terms of any L/C Application and the terms of this Agreement, the terms of this Agreement shall control.
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