Lc Subfacility. (a CONDITIONS. Subject to the terms and conditions of this Agreement and applicable Law, Administrative Agent agrees to issue LCs upon Borrower's application therefor (denominated in Dollars) by delivering to Administrative Agent a properly completed Notice of LC and an LC Agreement with respect thereto no later than 10:00 a.m. Dallas, Texas time three (3) Business Days before such LC is to be issued; PROVIDED THAT (i) on any date of determination and after giving effect to any LC to be issued on such date, the Commitment Usage shall never exceed the Total Commitment then in effect, (ii) on any date of determination and after giving effect to any LC to be issued on such date, the LC Exposure shall never exceed $25,000,000, (iii) at the time of issuance of such LC, no Potential Default or Default shall exist, (iv) each LC requested by Borrower must be in an amount not less than $1,000,000, and (v) each LC must expire NO LATER than the EARLIER of the fifteenth (15th) day prior to the Termination Date or one (1) year from its issuance; PROVIDED THAT any LC may provide for automatic renewal for successive twelve (12) month periods (but no renewal period may extend beyond the fifteenth (15th) day prior to the Termination Date) unless Administrative Agent has given prior notice to the applicable beneficiary of its election not to extend such LC.
Appears in 1 contract
Sources: Revolving Credit Agreement (Protection One Alarm Monitoring Inc)
Lc Subfacility. (a CONDITIONSa) Conditions. Subject to the terms and conditions of this Agreement and applicable Law, Administrative Agent the applicable LC Issuer agrees to issue LCs upon any Borrower's application therefor (denominated in DollarsDollars or, upon Borrowers' request and subject to this SECTION 2.2, in an Alternative Currency) by delivering to Administrative Agent and the applicable LC Issuer a properly completed Notice of LC Request and an LC Agreement with respect thereto no later than 10:00 a.m. Dallas, Texas time three (3) Business Days before such LC is to be issued; PROVIDED THAT provided that, (i) on any date of determination and after giving effect to any LC to be issued on such date, the Dollar Equivalent of the Revolver Commitment Usage shall never exceed the Total Revolver Commitment then in effect, (ii) on any date of determination and after giving effect to any LC to be issued on such date, the Dollar Equivalent of the LC Exposure shall never exceed $25,000,000500,000,000 (as such commitment under the LC Subfacility may be reduced or canceled as herein provided), (iii) at the time of issuance of such LC, no Default or Potential Default or Default shall existhave occurred and be continuing, and (iv) each LC requested by Borrower must be in an amount not less than $1,000,000, and (v) each LC must expire NO LATER no later than the EARLIER of the fifteenth (15th) day prior to the Termination Date or one (1) year from its issuance; PROVIDED THAT provided that, any LC may provide for automatic renewal for successive twelve (12) month periods (but no renewal period may extend beyond unless the fifteenth (15th) day prior to the Termination Date) unless Administrative Agent applicable LC Issuer has given prior notice to the applicable beneficiary of its election not to extend such LC. Prior to issuing any LC, the applicable LC Issuer shall confirm with Administrative Agent that the condition in CLAUSE (i) above is satisfied.
Appears in 1 contract
Sources: Revolving Credit Agreement (Affiliated Computer Services Inc)