Common use of Letters of Credit and Letter of Credit Rights Clause in Contracts

Letters of Credit and Letter of Credit Rights. No Grantor is a beneficiary or assignee under any Letter of Credit with a value in excess of $100,000 other than the Letters of Credit described on Schedule 4.10 (as such schedule may be amended or supplemented from time to time in accordance with Section 5.5(b)). With respect to any Letters of Credit with a value in excess of $100,000 that are by their terms transferable, each Grantor has caused (or, in the case of the Letters of Credit that are specified on Schedule 4.10 on the date hereof, will use commercially reasonable efforts to cause) all issuers and nominated persons under Letters of Credit in which the Grantor is the beneficiary or assignee to consent to the assignment of such Letter of Credit to the Administrative Agent and has agreed that upon the occurrence of a an Event of Default it shall cause all payments thereunder to be made to the Collateral Account. With respect to any Letters of Credit with a value in excess of $100,000 that are not transferable, each Grantor shall obtain (or, in the case of the Letters of Credit that are specified on Schedule 4.10 on the date hereof, use commercially reasonable efforts to obtain) the consent of the issuer thereof and any nominated person thereon to the assignment of the proceeds of the released Letter of Credit to the Administrative Agent in accordance with Section 5-114(c) of the New York UCC.

Letters of Credit and Letter of Credit Rights. No Grantor is a beneficiary or assignee under any Letter letter of Credit credit with a value face amount in excess of $100,000 1,000,000 (including any “Letter of Credit”) other than the Letters letters of Credit credit described on Schedule 4.10 (as such schedule may be amended or supplemented from time to time in accordance with Section 5.5(b)time). With respect to any Letters letters of Credit with a value credit in excess of $100,000 1,000,000 in face amount that are by their terms transferable, each Grantor has caused (or, in the case of the Letters letters of Credit credit that are specified on Schedule 4.10 on the date hereofhereof in excess of $1,000,000 in face amount, will use commercially reasonable efforts to cause) all issuers and nominated persons under Letters letters of Credit credit in which the Grantor is the beneficiary or assignee to consent to the assignment of such Letter letter of Credit credit to the Administrative Agent and has agreed that upon the occurrence of a an Event of Default it shall cause all payments thereunder to be made to the Collateral Account. With respect to any Letters letters of Credit with a value credit in excess of $100,000 1,000,000 in face amount that are not transferable, each Grantor shall obtain (or, in the case of the Letters letters of Credit credit that are specified on Schedule 4.10 on the date hereofhereof in excess of $1,000,000 in face amount, use commercially reasonable efforts to obtain) the consent of the issuer thereof and any nominated person thereon to the assignment of the proceeds of the released Letter letter of Credit credit to the Administrative Agent in accordance with Section 5-114(c) of the New York UCC.