Common use of Notice of Issuance; Redesignation, Etc Clause in Contracts

Notice of Issuance; Redesignation, Etc. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the respective Borrower shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the respective Issuing Lender) to an Issuing Lender and the Administrative Agent (by the times specified in the next following sentence) a notice requesting the issuance of such Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (d) of this Section 2.05), the amount and Currency of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. Such notice shall be given to the Administrative Agent (i) in the case of a Letter of Credit to be denominated in Dollars, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed issuance, amendment, renewal or extension and (ii) in the case of a Letter of Credit to be denominated in a Foreign Currency, not later than 11:00 a.m., London time, three Business Days (or four Business Days if longer notice is determined by the Administrative Agent to be required) before the date of the proposed issuance, amendment, renewal or extension. If requested by such Issuing Lender, such Borrower also shall submit a letter of credit application on such Issuing Lender’s standard form in connection with any request for a Letter of Credit. In the event of any inconsistency between the terms and conditions of this Agreement and the terms and conditions of any form of letter of credit application or other agreement submitted by a Borrower to, or entered into by a Borrower with, an Issuing Lender relating to any Letter of Credit, the terms and conditions of this Agreement shall control. Each Issuing Lender shall promptly notify the Administrative Agent of any Letters of Credit issued, amended, renewed or extended by it hereunder (or any Letter of Credit that shall have been cancelled or terminated) and shall deliver a report (in form and substance reasonably acceptable to the Administrative Agent) on the last Business Day of each month after the Effective Date detailing its Letter of Credit activity under this Agreement during such month.

Notice of Issuance; Redesignation, Etc. To request the issuance of a Synthetic Letter of Credit (or the amendment, renewal or extension of an outstanding Synthetic Letter of Credit), the respective Borrower shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the respective Synthetic LC Issuing Lender) to an a Synthetic LC Issuing Lender and the Administrative Agent (by the times specified in the next following sentence) a notice requesting the issuance of such a Synthetic Letter of Credit, or identifying the Synthetic Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Synthetic Letter of Credit is to expire (which shall comply with paragraph (d) of this Section 2.05Section), the amount and Currency of such Synthetic Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Synthetic Letter of Credit. Such notice shall be given to the Administrative Agent (i) in the case of a Synthetic Letter of Credit to be denominated in Dollars, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed issuance, amendment, renewal or extension and (ii) in the case of a Synthetic Letter of Credit to be denominated in a Foreign Currency, not later than 11:00 a.m., London time, three Business Days (or four Business Days if longer notice is determined by the Administrative Agent to be required) before the date of the proposed issuance, amendment, renewal or extension. If requested by such Issuing Lender, such Borrower also shall submit a letter of credit application on such Issuing Lender’s standard form in connection with any request for a Synthetic Letter of Credit. In the event of any inconsistency between the terms and conditions of this Agreement and the terms and conditions of any form of letter of credit application or other agreement submitted by a Borrower to, or entered into by a Borrower with, an a Synthetic LC Issuing Lender relating to any Synthetic Letter of Credit, the terms and conditions of this Agreement shall control. Each Synthetic LC Issuing Lender shall promptly notify the Administrative Agent of any Synthetic Letters of Credit issued, amended, renewed or extended by it hereunder (or any Synthetic Letter of Credit that shall have been cancelled or terminated) and shall deliver a report (in form and substance reasonably acceptable to the Administrative Agent) on the last Business Day of each month after the Effective Closing Date detailing its Synthetic Letter of Credit activity under this Agreement during such month. Anything in this Agreement to the contrary notwithstanding, any notice requesting issuance of a Letter of Credit under this Agreement by any Issuing Lender shall, so long as the requested face amount of such Letter of Credit is less than the unused Synthetic LC Funding Amount (and, if such Letter of Credit is to be denominated in a Foreign Currency, less than the portion of the Foreign Currency Sublimit not then utilized by Synthetic Letters of Credit denominated in Foreign Currencies), such notice shall be deemed to be a request for the issuance of a Synthetic Letter of Credit by such Issuing Lender; otherwise such notice shall be deemed to be a request for the issuance of a Revolving Letter of Credit by such Issuing Lender. In addition, if at any time any one or more Revolving Letters of Credit of any one or more Issuing Lenders shall be outstanding in an aggregate face amount that is less than the unused Synthetic LC Funding Amount (and, if such Revolving Letters of Credit are denominated in Foreign Currencies, less than the portion of the Foreign Currency Sublimit not then utilized by Synthetic Letters of Credit denominated in Foreign Currencies), such Revolving Letters of Credit shall automatically, without action on the part of any Person, be redesignated as Synthetic Letters of Credit hereunder of the respective Issuing Lenders. The Administrative Agent shall promptly advise the Company, each Lender and each Issuing Lender of any such redesignation of a Revolving Letter of Credit as a Synthetic Letter of Credit.

Notice of Issuance; Redesignation, Etc. To request the issuance of a Revolving Letter of Credit (or the amendment, renewal or extension of an outstanding Revolving Letter of Credit), the respective Borrower shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the respective Revolving Issuing Lender) to an a Revolving Issuing Lender and the Administrative Agent (by the times specified in the next following sentence) a notice requesting the issuance of such Letter of Credit, or identifying the Revolving Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Revolving Letter of Credit is to expire (which shall comply with paragraph (d) of this Section 2.05Section), the amount and Currency of such Revolving Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Revolving Letter of Credit. Such notice shall be given to the Administrative Agent (i) in the case of a Revolving Letter of Credit to be denominated in Dollars, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed issuance, amendment, renewal or extension and (ii) in the case of a Revolving Letter of Credit to be denominated in a Foreign Currency, not later than 11:00 a.m., London time, three Business Days (or four Business Days if longer notice is determined by the Administrative Agent to be required) before the date of the proposed issuance, amendment, renewal or extension. If requested by such Issuing Lender, such Borrower also shall submit a letter of credit application on such Issuing Lender’s standard form in connection with any request for a Revolving Letter of Credit. In the event of any inconsistency between the terms and conditions of this Agreement and the terms and conditions of any form of letter of credit application or other agreement submitted by a Borrower to, or entered into by a Borrower with, an a Revolving Issuing Lender relating to any Revolving Letter of Credit, the terms and conditions of this Agreement shall control. Each Revolving Issuing Lender shall promptly notify the Administrative Agent of any Revolving Letters of Credit issued, amended, renewed or extended by it hereunder (or any Revolving Letter of Credit that shall have been cancelled or terminated) and shall deliver a report (in form and substance reasonably acceptable to the Administrative Agent) on the last Business Day of each month after the Effective Closing Date detailing its Revolving Letter of Credit activity under this Agreement during such month. Anything in this Agreement to the contrary notwithstanding, any notice requesting issuance of a Letter of Credit under this Agreement by any Issuing Lender shall, so long as the requested face amount of such Letter of Credit is less than the unused Synthetic LC Funding Amount (and, if such Letter of Credit is to be denominated in a Foreign Currency, less than the portion of the Foreign Currency Sublimit not then utilized by Synthetic Letters of Credit denominated in Foreign Currencies), such notice shall be deemed to be a request for the issuance of a Synthetic Letter of Credit by such Issuing Lender; otherwise such notice shall be deemed to be a request for the issuance of a Revolving Letter of Credit by such Issuing Lender. In addition, if at any time any one or more Revolving Letters of Credit of any one or more Issuing Lenders shall be outstanding in an aggregate face amount that is less than the unused Synthetic LC Funding Amount (and, if such Revolving Letters of Credit are denominated in Foreign Currencies, less than the portion of the Foreign Currency Sublimit not then utilized by Synthetic Letters of Credit denominated in Foreign Currencies), such Revolving Letters of Credit shall automatically, without action on the part of any Person, be redesignated as Synthetic Letters of Credit hereunder of the respective Issuing Lenders. The Administrative Agent shall promptly advise the Company, each Lender and each Issuing Lender of any such redesignation of a Revolving Letter of Credit as a Synthetic Letter of Credit.

Notice of Issuance; Redesignation, Etc. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the respective Borrower shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the respective Issuing Lender) to an Issuing Lender and the Administrative Agent (by the times specified in the next following sentence) a notice requesting the issuance of such Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (d) of this Section 2.05Section), the amount and Currency of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. Such notice shall be given to the Administrative Agent (i) in the case of a Letter of Credit to be denominated in Dollars, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed issuance, amendment, renewal or extension and (ii) in the case of a Letter of Credit to be denominated in a Foreign Currency, not later than 11:00 a.m., London time, three Business Days (or four Business Days if longer notice is determined by the Administrative Agent to be required) before the date of the proposed issuance, amendment, renewal or extension. If requested by such Issuing Lender, such Borrower also shall submit a letter of credit application on such Issuing Lender’s standard form in connection with any request for a Letter of Credit. In the event of any inconsistency between the terms and conditions of this Agreement and the terms and conditions of any form of letter of credit application or other agreement submitted by a Borrower to, or entered into by a Borrower with, an Issuing Lender relating to any Letter of Credit, the terms and conditions of this Agreement shall control. Each Issuing Lender shall promptly notify the Administrative Agent of any Letters of Credit issued, amended, renewed or extended by it hereunder (or any Letter of Credit that shall have been cancelled or terminated) and shall deliver a report (in form and substance reasonably acceptable to the Administrative Agent) on the last Business Day of each month after the Restatement Effective Date detailing its Letter of Credit activity under this Agreement during such month.