Common use of Procedure for Issuance Clause in Contracts

Procedure for Issuance. e) The Funds Administrator may from time to time request the Administrative Agent to direct the issuance of a Letter of Credit by delivering to the Administrative Agent, with a copy to the applicable Issuing Bank, a Letter of Credit Request in the form of Exhibit 3.2(a) to this Agreement, not later than 1:00 p.m. (New York City time) at least three (3) Business Days (or such shorter period as may be agreed to by the Administrative Agent and the applicable Issuing Bank) in advance of the proposed date of issuance. Prior to date of issuance or in conjunction with the submission of a Letter of Credit Request, the Funds Administrator shall provide to the Administrative Agent and the applicable Issuing Bank a precise description of the format of the Letter of Credit or information and documents adequate to allow for the Issuing Bank to prepare the requested Letter of Credit and shall specify that the only drawings permitted under the Letter of Credit shall be sight drawings. The Issuing Bank shall not issue any Letter of Credit until it has received authorization to do so from the Administrative Agent. Promptly after the issuance or amendment of any standby Letter of Credit, the Issuing Bank shall notify the Administrative Agent and the Funds Administrator, in writing, of such issuance or amendment and such notice shall be accompanied by a copy of such issuance and amendment. Upon receipt of such notice, the Administrative Agent shall promptly notify the Lenders, in writing, of such issuance or amendment, and if so requested by a Lender the Administrative Agent shall provide such Lender with copies of such issuance or amendment. With regards to Commercial Letters of Credit, the Issuing Bank shall on the first Business Day of each week, provide to the Administrative Agent by facsimile a report detailing the daily aggregate outstanding Commercial Letters of Credit for the previous week.

Procedure for Issuance. e(a) The Funds Administrator may from time to time request the Administrative Agent to direct the issuance of a Letter of Credit by delivering to the Administrative Agent, with a copy to the applicable Issuing Bank, a Letter of Credit Request in the form of Exhibit 3.2(a) EXHIBIT C-2 to this Credit Agreement, not later than 1:00 p.m. P.M (New York City time) at least three five (35) Business Days (or such shorter period as may be agreed to by the Administrative Agent and the applicable Issuing Bank) in advance of the proposed date of issuance. Prior to date of issuance or in conjunction with the submission of a Letter of Credit Request, the Funds Administrator shall provide to the Administrative Agent and the applicable Issuing Bank a precise description of the format of the Letter of Credit or information and documents adequate to allow for the Issuing Bank to prepare the requested Letter of Credit and shall specify that the only drawings permitted under the Letter of Credit shall be sight drawings. The Issuing Bank shall not issue any Letter of Credit until it has received authorization to do so from the Administrative Agent. Promptly after the issuance or amendment of any standby Letter of Credit, the Issuing Bank shall notify the Administrative Agent and the Funds Administrator, in writing, of such issuance or amendment and such notice shall be accompanied by a copy of such issuance and amendment. Upon receipt of such notice, the Administrative Agent shall promptly notify the Lenders, in writing, of such issuance or amendment, and if so requested by a Lender the Administrative Agent shall provide such Lender with copies of such issuance or amendment. With regards to Commercial commercial Letters of Credit, the Issuing Bank shall on the first Business Day of each week, provide to the Administrative Agent by facsimile a report detailing the daily aggregate outstanding Commercial commercial Letters of Credit for the previous week.

Procedure for Issuance. e(a) The Funds Administrator may from time to time request the Administrative Agent to direct the issuance of a Letter of Credit by delivering to the Administrative Agent, with a copy to the applicable Issuing Bank, a Letter of Credit Request in the form of Exhibit 3.2(a) C-2 to this AgreementCredit Agreement (a “Letter of Credit Request”), not later than 1:00 p.m. P.M. (New York City time) at least three five (35) Business Days (or such shorter period as may be agreed to by the Administrative Agent and the applicable Issuing Bank) in advance of the proposed date of issuance. Prior to date of issuance or in conjunction with the submission of a Letter of Credit Request, the Funds Administrator shall provide to the Administrative Agent and the applicable Issuing Bank a precise description of the format of the Letter of Credit or information and documents adequate to allow for the Issuing Bank to prepare the requested Letter of Credit and shall specify that the only drawings permitted under the Letter of Credit shall be sight drawings. The Issuing Bank shall not issue any Letter of Credit until it has received authorization to do so from the Administrative Agent. Promptly after the issuance or amendment of any standby Letter of Credit, the Issuing Bank shall notify the Administrative Agent and the Funds Administrator, in writing, of such issuance or amendment and such notice shall be accompanied by a copy of such issuance and amendment. Upon receipt of such notice, the Administrative Agent shall promptly notify the Lenders, in writing, of such issuance or amendment, and if so requested by a Lender the Administrative Agent shall provide such Lender with copies of such issuance or amendment. With regards to Commercial commercial Letters of Credit, the Issuing Bank shall on the first Business Day of each week, provide to the Administrative Agent by facsimile a report detailing the daily aggregate outstanding Commercial commercial Letters of Credit for the previous week.

Procedure for Issuance. e(A) The Funds Administrator may from time to time request the Administrative Agent to direct the issuance of a Letter of Credit by delivering to the Administrative Agent, with a copy to the applicable Issuing Bank, a Letter of Credit Request in the form of Exhibit 3.2(a) EXHIBIT C-2 to this AgreementCredit Agreement (a "LETTER OF CREDIT REQUEST"), not later than 1:00 p.m. P.M. (New York City time) at least three five (35) Business Days (or such shorter period as may be agreed to by the Administrative Agent and the applicable Issuing Bank) in advance of the proposed date of issuance. Prior to date of issuance or in conjunction with the submission of a Letter of Credit Request, the Funds Administrator shall provide to the Administrative Agent and the applicable Issuing Bank a precise description of the format of the Letter of Credit or information and documents adequate to allow for the Issuing Bank to prepare the requested Letter of Credit and shall specify that the only drawings permitted under the Letter of Credit shall be sight drawings. The Issuing Bank shall not issue any Letter of Credit until it has received authorization to do so from the Administrative Agent. Promptly after the issuance or amendment of any standby Letter of Credit, the Issuing Bank shall notify the Administrative Agent and the Funds Administrator, in writing, of such issuance or amendment and such notice shall be accompanied by a copy of such issuance and amendment. Upon receipt of such notice, the Administrative Agent shall promptly notify the Lenders, in writing, of such issuance or amendment, and if so requested by a Lender the Administrative Agent shall provide such Lender with copies of such issuance or amendment. With regards to Commercial commercial Letters of Credit, the Issuing Bank shall on the first Business Day of each week, provide to the Administrative Agent by facsimile a report detailing the daily aggregate outstanding Commercial commercial Letters of Credit for the previous week.

Procedure for Issuance. eThe Borrower shall give the Issuing Bank notice at least three Business Days prior to the requested issuance of an Additional Letter of Credit specifying the date such Additional Letter of Credit is to be issued, specifying the currency in which such Additional Letter of Credit is to be denominated (which shall be Dollars or an Alternative Currency) The Funds Administrator may from time and the amount thereof, and describing the other terms of such Additional Letter of Credit and the nature of the transactions to time request be supported thereby (such notice, including any such notice given in connection with the Administrative Agent to direct the issuance extension of a Letter of Credit by delivering to the Administrative Agent, with a copy to the applicable Issuing BankCredit, a Letter "Notice of Credit Request in the form of Exhibit 3.2(a) to this Agreement, not later than 1:00 p.m. (New York City time) at least three (3) Business Days (or such shorter period as may be agreed to by the Administrative Agent and the applicable Issuing Bank) in advance of the proposed date of issuanceIssuance"). Prior to date of issuance or in conjunction with the submission Upon receipt of a Letter Notice of Credit Request, the Funds Administrator shall provide to the Administrative Agent and the applicable Issuing Bank a precise description of the format of the Letter of Credit or information and documents adequate to allow for the Issuing Bank to prepare the requested Letter of Credit and shall specify that the only drawings permitted under the Letter of Credit shall be sight drawings. The Issuing Bank shall not issue any Letter of Credit until it has received authorization to do so from the Administrative Agent. Promptly after the issuance or amendment of any standby Letter of CreditIssuance, the Issuing Bank shall promptly notify the Administrative Agent Agent, and the Funds Administrator, in writing, of such issuance or amendment and such notice shall be accompanied by a copy of such issuance and amendment. Upon receipt of such notice, the Administrative Agent shall promptly notify each Lender of the Lenderscontents thereof and of the amount of such Lender's participation in such Additional Letter of Credit. The issuance by the Issuing Bank of each Additional Letter of Credit shall, in writingaddition to the conditions precedent set forth in Article 4, be subject to the conditions precedent that such Additional Letter of Credit shall be in such form and contain such terms as shall be satisfactory to the Issuing Bank (consistent with its customary procedures and policies for the issuance of letters of credit generally) and that the Borrower and (if other than the Borrower) the Company shall have executed and delivered such other instruments and agreements relating to such Additional Letter of Credit as the Issuing Bank shall have reasonably requested. The Borrower shall also pay to the Issuing Bank for its own account issuance, drawing, amendment and extension charges in the amounts and at the times agreed between the Borrower and the Issuing Bank. The extension or renewal of any Letter of Credit shall be deemed to be an issuance of such issuance or amendment, and if so requested by a Lender the Administrative Agent shall provide such Lender with copies of such issuance or amendment. With regards to Commercial Letters Letter of Credit. If any Letter of Credit contains a provision pursuant to which it is automatically extended unless notice of termination is given by the Issuing Bank, the Issuing Bank shall on timely give such notice of termination if a Stop Issuance Notice is in effect. No Letter of Credit shall have a term extending or be so extendible beyond the first fifth Business Day of each week, provide to preceding the Administrative Agent by facsimile a report detailing the daily aggregate outstanding Commercial Letters of Credit for the previous weekTermination Date.

Procedure for Issuance. e(a) The appropriate Funds Administrator may from time to time request the Administrative Agent to direct the issuance of a Letter of Credit by delivering to the Administrative Agent, with appropriate Agent a copy to request for the applicable Issuing Bank, issuance of a Letter of Credit Request in the form of Exhibit 3.2(aH annexed hereto (the "LETTER OF CREDIT REQUEST") to this Agreement, not no later than 1:00 p.m. P.M. (New York City time) at least three (3) Business Days (or such shorter period as may be agreed to by the Administrative appropriate Agent and the applicable Issuing BankBank requested to issue such Letter of Credit) in advance of the proposed date of issuance. Prior to the date of issuance or in conjunction with the submission of a each Letter of Credit RequestCredit, the appropriate Funds Administrator shall provide to the Administrative appropriate Agent and the applicable Issuing Bank a precise description of the documents and the text of any certificate to be presented by the beneficiary of such Letter of Credit. Agent and the Issuing Bank shall have the right to make any changes to any format and text prior to the issuance of any Letter of Credit. In the event that the Agent, in its sole discretion, elects not to issue such Letter of Credit, it shall promptly so notify the Funds Administrator and the Funds Administrator may then submit the Letter of Credit or information and documents adequate Request to allow for another Issuing Bank. If all Issuing Banks elect not to issue such Letter of Credit, then notwithstanding the prior election of Agent not to issue such Letter of Credit, then (i) in the case of a standby Letter of Credit, Agent shall be the Issuing Bank Lender with respect to prepare the requested such Letter of Credit and shall specify that (ii) in the only drawings permitted under case of a commercial Letter of Credit, Agent may either elect to be the Issuing Bank with respect to such Letter of Credit or Agent may deny the Letter of Credit shall be sight drawingsRequest, in its sole discretion. The If any Issuing Bank shall not issue any so request, the Funds Administrator shall in addition to the Letter of Credit until it has received authorization Request, submit to do so from the Administrative AgentIssuing Bank such Issuing Bank's standard L/C Application; provided that in the event of a conflict between the covenants, terms and conditions of any such L/C Application and the covenants, terms and conditions of this Credit Agreement, the covenants, terms and conditions of this Credit Agreement shall govern. Promptly after the issuance of or amendment of any standby Letter of Credit, the Issuing Bank shall notify the Administrative Agent and the Funds Administrator, in writing, of such issuance or amendment and such notice shall be accompanied by a copy of such issuance and amendment. Upon receipt of such notice, the Administrative Agent shall promptly notify the Lendersappropriate Agent and Funds Administrator, in writing, of such issuance or amendment, and such notice will be accompanied by a copy of such issuance or amendment. Promptly upon receipt of such notice, the Agent shall notify each other Lender of such issuance or amendment, and if so requested by a Lender any Lender, the Administrative Agent shall provide such Lender with copies a copy of such issuance or amendment. With regards to Commercial commercial Letters of Credit, the each Issuing Bank Lender shall on the first Business Day of each weekweek furnish the US Agent or the Canadian Agent, provide as the case may be (with a copy to the Administrative Agent Borrowers), by facsimile facsimile, with a report detailing of the daily aggregate outstanding Commercial commercial Letters of Credit for the previous weekissued by such Issuing Lender.

Procedure for Issuance. e(a) The Funds Administrator Borrower may from time to time but not later than thirty (30) days prior to the Expiration Date request the Administrative Agent to direct the issuance of a Letter of Credit by delivering to the Administrative Agent, Issuing Bank (with a copy to the applicable Issuing Bank, a Letter of Credit Request in the form of Exhibit 3.2(a) to this AgreementAgent), not later than 1:00 p.m. P.M. (New York City time) at least three (3) Business Days (or such shorter period as may be agreed acceptable to by the Administrative Agent and the applicable Issuing Bank) in advance of prior to the proposed date of issuance. Prior to date of issuance or in conjunction with the submission amendment of a Letter of Credit Request in the form of Exhibit F (each, a “Letter of Credit Request, the Funds Administrator shall provide to the Administrative Agent and ”) or an electronic equivalent in accordance with the applicable Issuing Bank Bank’s electronic letter of credit issuance and management system (each, an “Electronic Letter of Credit Request”). Each Letter of Credit Request must be accompanied by a precise description of the documents and the text of any certificate to be presented by the beneficiary of such Letter of Credit against which the Issuing Bank would be required to make payment under the applicable Letter of Credit. If so requested by the Issuing Bank, each Letter of Credit Request shall be accompanied by such Issuing Bank’s executed form of L/C Application; provided, however, that in the event of any conflicts between the terms and conditions of any L/C Application and the terms and conditions of this agreement, the terms and conditions of this agreement shall govern. The Issuing Bank is not obligated to issue any Letter of Credit unless it agrees to the format of the Letter of Credit or information and documents adequate to allow for the Issuing Bank to prepare the requested Letter of Credit and shall specify that the only drawings permitted under the Letter of Credit shall be sight drawingsCredit. The Issuing Bank shall not issue any Letter of Credit until unless it has requested and received authorization to do so from the Administrative Agent, which authorization may be provided by releasing any applicable Electronic Letter of Credit Request previously received by it from the applicable Issuing Bank. Promptly upon receipt of any such request, the Agent shall either notify the applicable Issuing Bank of its approval thereof or notify the Borrower that such request has been declined. Promptly after the issuance issuance, amendment, expiration or amendment termination of any a standby Letter of Credit, the Issuing Bank shall notify the Administrative Agent Borrower and the Funds AdministratorAgent, in writing, of such issuance, amendment, expiration or termination and the notice shall be accompanied by a copy of the issuance or amendment. Promptly upon receipt of such notice, the Agent shall notify each Lender, in writing, of such issuance or amendment and such notice shall be accompanied by a copy of such issuance and amendment. Upon receipt of such notice, the Administrative Agent shall promptly notify the Lenders, in writing, of such issuance or amendment, and if so requested by a Lender the Administrative Agent shall provide such Lender with copies a copy of such issuance or amendment. With regards to Commercial In the case of commercial Letters of CreditCredit (other than commercial Letters of Credit for which the applicable Electronic Letter of Credit Request has been authorized by the Agent), the Issuing Bank shall on the first Business Day of each weekweek furnish the Agent, provide to the Administrative Agent by facsimile facsimile, with a report detailing the daily aggregate outstanding Commercial Letters commercial Letter of Credit outstanding for such Issuing Bank during the previous week.

Procedure for Issuance. e(a) The Funds Administrator may from time to time request the Administrative Agent to direct the issuance of a Letter of Credit by delivering to the Administrative Agent, with Agent a copy to request for the applicable Issuing Bank, issuance of a Letter of Credit Request in the form of Exhibit 3.2(aEXHIBIT F annexed hereto (the "LETTER OF CREDIT REQUEST") to this Agreement, not no later than 1:00 p.m. P.M. (New York City time) at least three (3) Business Days (or such shorter period as may be agreed to by the Administrative Agent and the applicable Issuing BankBank requested to issue such Letter of Credit) in advance of the proposed date of issuance. Prior to the date of issuance or in conjunction with the submission of a each Letter of Credit RequestCredit, the Funds Administrator shall provide to the Administrative Agent and the applicable Issuing Bank a precise description of the documents and the text of any certificate to be presented by the beneficiary of such Letter of Credit. Agent and the Issuing Bank shall have the right to make any changes to any format and text prior to the issuance of any Letter of Credit. In the event that the Agent, in its sole discretion, elects not to issue such Letter of Credit, it shall promptly so notify the Funds Administrator and the Funds Administrator may then submit the Letter of Credit or information and documents adequate Request to allow for another Issuing Bank. If all Issuing Banks elect not to issue such Letter of Credit, then (i) in the case of a standby Letter of Credit, notwithstanding the prior election of Agent not to issue such Letter of Credit, Agent shall be the Issuing Bank Lender with respect to prepare the requested such Letter of Credit and (ii) in the case of a commercial Letter of Credit, notwithstanding the prior election of Fleet National Bank ("FLEET") not to issue such Letter of Credit, Fleet shall specify be the Issuing Lender with respect to such Letter of Credit, notwithstanding the fact that the only drawings permitted under the Letter of Credit shall be sight drawingsObligations with respect to such Letter of Credit and with respect to all other Letters of Credit issued by Agent or Fleet, as the case may be, when aggregated with such Lender's Revolving Utilization, may exceed such Lender's Revolving Loan Commitment then in effect. The If any Issuing Bank shall not issue any so request, the Funds Administrator shall in addition to the Letter of Credit until it has received authorization Request, submit to do so from the Administrative AgentIssuing Bank such Issuing Bank's standard L/C Application; PROVIDED that in the event of a conflict between the covenants, terms and conditions of any such L/C Application and the covenants, terms and conditions of this Credit Agreement, the covenants, terms and conditions of this Credit Agreement shall govern. Promptly after the issuance of or amendment of any standby Letter of Credit, the Issuing Bank shall notify the Administrative Agent and the Funds Administrator, in writing, of such issuance or amendment and such notice shall be accompanied by a copy of such issuance and amendment. Upon receipt of such notice, the Administrative Agent shall promptly notify the LendersAgent and Funds Administrator, in writing, of such issuance or amendment, and such notice will be accompanied by a copy of such issuance or amendment. Promptly upon receipt of such notice, the Agent shall notify each other Lender of such issuance or amendment, and if so requested by a Lender any Lender, the Administrative Agent shall provide such Lender with copies a copy of such issuance or amendment. With regards to Commercial commercial Letters of Credit, the each Issuing Bank Lender shall on the first Business Day of each weekweek furnish the Agent, provide as the case may be (with a copy to the Administrative Agent Borrowers), by facsimile facsimile, with a report detailing of the daily aggregate outstanding Commercial commercial Letters of Credit for the previous weekissued by such Issuing Lender.

Procedure for Issuance. eThe Administrative Agent shall promptly notify each Lender of its receipt of an Exchange Notice and of the options selected therein. Each Exchange Notice shall be irrevocable. Not later than five (5) The Funds Administrator may from time Business Days after delivery of an Exchange Notice, (i) the Borrower shall issue and deliver to time request the Administrative Agent the Exchange Securities requested pursuant to direct such Exchange Notice (and, upon receipt thereof by the issuance of a Letter of Credit by delivering Administrative Agent, the Administrative Agent shall deliver such Exchange Securities to the applicable Lender), (ii) if Extended Loans are expected to remain outstanding after such exchange, the Borrower shall deliver to the Administrative Agent, with a copy to the applicable Issuing Bankextent requested in such Exchange Notice, a Letter of Credit Request in the form of Exhibit 3.2(a) to this Agreementreplacement Note (and, not later than 1:00 p.m. (New York City time) at least three (3) Business Days (or such shorter period as may be agreed to upon receipt thereof by the Administrative Agent and the applicable Issuing Bank) in advance of the proposed date of issuance. Prior to date of issuance or in conjunction with the submission of a Letter of Credit Request, the Funds Administrator shall provide to the Administrative Agent and the applicable Issuing Bank a precise description of the format of the Letter of Credit or information and documents adequate to allow for the Issuing Bank to prepare the requested Letter of Credit and shall specify that the only drawings permitted under the Letter of Credit shall be sight drawings. The Issuing Bank shall not issue any Letter of Credit until it has received authorization to do so from the Administrative Agent. Promptly after the issuance or amendment of any standby Letter of Credit, the Issuing Bank shall notify the Administrative Agent and the Funds Administrator, in writing, of such issuance or amendment and such notice shall be accompanied by a copy of such issuance and amendment. Upon receipt of such notice, the Administrative Agent shall promptly notify deliver any such replacement Note to the Lendersapplicable Lender), in writing, of such issuance or amendment, and if so requested by a Lender (iii) the Borrower shall pay to Administrative Agent for the account of the applicable Lender all accrued and unpaid interest and other amounts then due hereunder (including amounts referred to in Sections 3.02 (Illegality), 3.03 (Determination of Rates; Inability to Determine Rates), 3.04 (Increased Cost and Reduced Return; Capital Adequacy) or 3.05 (Funding Losses)) with respect to the Loans or portion thereof so exchanged and (iv) the Borrower shall provide take such Lender further actions as may be required by the trustee to effect the issuance of the Exchange Securities in accordance with copies of such the terms hereof and under the Exchange Indenture. Upon the issuance or amendment. With regards to Commercial Letters of Credit, the Issuing Bank shall on the first Business Day of each weekExchange Notice and payment of the applicable amounts referred to in clause (iii), provide to the Administrative Agent by facsimile a report detailing the daily aggregate outstanding Commercial Letters of Credit any Loan or portion thereof exchanged for such Exchange Securities shall be settled and treated as repaid for the previous weekpurposes of this Agreement.

Procedure for Issuance. e) The Funds Administrator may from time Borrower shall give the Issuing Bank notice at least three Business Days prior to time request the Administrative Agent to direct the requested issuance of a Letter of Credit by delivering to specifying the Administrative Agent, with a copy to the applicable Issuing Bank, a date such Letter of Credit Request is to be issued, specifying the currency in the form which such Letter of Exhibit 3.2(aCredit is to be denominated (which shall be Dollars or an Alternative Currency) to this Agreement, not later than 1:00 p.m. (New York City time) at least three (3) Business Days (or such shorter period as may be agreed to by the Administrative Agent and the applicable Issuing Bank) in advance amount thereof, and describing the other terms of such Letter of Credit and the nature of the proposed date of issuance. Prior transactions to date of issuance or be supported thereby (such notice, including any such notice given in conjunction connection with the submission extension of a Letter of Credit RequestCredit, the Funds Administrator shall provide to the Administrative Agent and the applicable Issuing Bank a precise description "Notice of the format Issuance"). Upon receipt of the Letter a Notice of Credit or information and documents adequate to allow for the Issuing Bank to prepare the requested Letter of Credit and shall specify that the only drawings permitted under the Letter of Credit shall be sight drawings. The Issuing Bank shall not issue any Letter of Credit until it has received authorization to do so from the Administrative Agent. Promptly after the issuance or amendment of any standby Letter of CreditIssuance, the Issuing Bank shall promptly notify the Administrative Agent Agent, and the Funds Administrator, in writing, of such issuance or amendment and such notice shall be accompanied by a copy of such issuance and amendment. Upon receipt of such notice, the Administrative Agent shall promptly notify each Lender of the Lenderscontents thereof and of the amount of such Lender's participation in such Letter of Credit. The issuance by the Issuing Bank of each Letter of Credit shall, in writingaddition to the conditions precedent set forth in Article IV, be subject to the conditions precedent that such Letter of Credit shall be in such form and contain such terms as shall be satisfactory to the Issuing Bank (consistent with its customary procedures and policies for the issuance of letters of credit generally) and that the Borrower and (if other than the Borrower) the Company shall have executed and delivered such other instruments and agreements relating to such Letter of Credit as the Issuing Bank shall have reasonably requested. The Borrower shall also pay to the Issuing Bank for its own account issuance, drawing, amendment and extension charges in the amounts and at the times agreed between the Borrower and the Issuing Bank. The extension or renewal of any Letter of Credit shall be deemed to be an issuance of such issuance or amendment, and if so requested by a Lender the Administrative Agent shall provide such Lender with copies of such issuance or amendment. With regards to Commercial Letters Letter of Credit. If any Letter of Credit contains a provision pursuant to which it is automatically extended unless notice of termination is given by the Issuing Bank, the Issuing Bank shall on timely give such notice of termination if a Stop Issuance Notice is in effect. No Letter of Credit shall have a term extending or be so extendible beyond the first fifth Business Day of each week, provide to preceding the Administrative Agent by facsimile a report detailing the daily aggregate outstanding Commercial Letters of Credit for the previous weekTermination Date.

Procedure for Issuance. eThe Borrower shall give the Issuing Bank notice at least three Business Days prior to the requested issuance of an Additional Letter of Credit specifying the date such Additional Letter of Credit is to be issued, specifying the currency in which such Additional Letter of Credit is to be denominated (which shall be Dollars or an Alternative Currency) The Funds Administrator may from time and the amount thereof, and describing the other terms of such Additional Letter of Credit and the nature of the transactions to time request be supported thereby (such notice, including any such notice given in connection with the Administrative Agent to direct the issuance extension of a Letter of Credit by delivering to the Administrative Agent, with a copy to the applicable Issuing BankCredit, a Letter of Credit Request in the form of Exhibit 3.2(a) to this Agreement, not later than 1:00 p.m. (New York City time) at least three (3) Business Days (or such shorter period as may be agreed to by the Administrative Agent and the applicable Issuing Bank) in advance of the proposed date of issuance"NOTICE OF ISSUANCE"). Prior to date of issuance or in conjunction with the submission Upon receipt of a Letter Notice of Credit Request, the Funds Administrator shall provide to the Administrative Agent and the applicable Issuing Bank a precise description of the format of the Letter of Credit or information and documents adequate to allow for the Issuing Bank to prepare the requested Letter of Credit and shall specify that the only drawings permitted under the Letter of Credit shall be sight drawings. The Issuing Bank shall not issue any Letter of Credit until it has received authorization to do so from the Administrative Agent. Promptly after the issuance or amendment of any standby Letter of CreditIssuance, the Issuing Bank shall promptly notify the Administrative Agent Agent, and the Funds Administrator, in writing, of such issuance or amendment and such notice shall be accompanied by a copy of such issuance and amendment. Upon receipt of such notice, the Administrative Agent shall promptly notify each Lender of the Lenderscontents thereof and of the amount of such Lender's participation in such Additional Letter of Credit. The issuance by the Issuing Bank of each Additional Letter of Credit shall, in writingaddition to the conditions precedent set forth in Article 4, be subject to the conditions precedent that such Additional Letter of Credit shall be in such form and contain such terms as shall be satisfactory to the Issuing Bank (consistent with its customary procedures and policies for the issuance of letters of credit generally) and that the Borrower and (if other than the Borrower) the Company shall have executed and delivered such other instruments and agreements relating to such Additional Letter of Credit as the Issuing Bank shall have reasonably requested. The Borrower shall also pay to the Issuing Bank for its own account issuance, drawing, amendment and extension charges in the amounts and at the times agreed between the Borrower and the Issuing Bank. The extension or renewal of any Letter of Credit shall be deemed to be an issuance of such issuance or amendment, and if so requested by a Lender the Administrative Agent shall provide such Lender with copies of such issuance or amendment. With regards to Commercial Letters Letter of Credit. If any Letter of Credit contains a provision pursuant to which it is automatically extended unless notice of termination is given by the Issuing Bank, the Issuing Bank shall on timely give such notice of termination if a Stop Issuance Notice is in effect. No Letter of Credit shall have a term extending or be so extendible beyond the first Business Day anniversary of each week, provide to the Administrative Agent by facsimile a report detailing the daily aggregate outstanding Commercial Letters of Credit for the previous weekLC Cut-Off Date.

Procedure for Issuance. e(i) The Funds Administrator may from time to time request the Administrative Agent to direct the issuance of a Letter of Credit by delivering to the Administrative Agent, with a copy to the applicable Issuing Facing Bank, a Letter of Credit Request in the form of Exhibit 3.2(a2.3(c)(i) to this AgreementAgreement (a “Letter of Credit Request”), not later than 1:00 p.m. 12:00 P.M. (New York City time) at least three (3) Business Days (or such shorter period as may be agreed to by the Administrative Agent and the applicable Issuing Facing Bank) in advance of the proposed date of issuance. Prior to date of issuance or in conjunction with the submission of a Letter of Credit Request, the Funds Administrator shall provide to the Administrative Agent and the applicable Issuing Facing Bank a precise description of the format of the Letter of Credit or information and documents adequate to allow for the Issuing Facing Bank to prepare the requested Letter of Credit and shall specify that the only drawings permitted under the Letter of Credit shall be sight drawings. The Issuing Facing Bank shall not issue any Letter of Credit until it has received authorization to do so from the Administrative Agent. Promptly after the issuance or amendment of any standby Letter of Credit, the Issuing Facing Bank shall notify the Administrative Agent and the Funds Administrator, in writing, of such issuance or amendment and such notice shall be accompanied by a copy of such issuance and amendment. Upon receipt of such notice, the Administrative Agent shall promptly notify the Lenders, in writing, of such issuance or amendment, and if so requested by a Lender the Administrative Agent shall provide such Lender with copies of such issuance or amendment. With regards to Commercial commercial Letters of Credit, the Issuing Facing Bank shall on the first Business Day of each week, provide to the Administrative Agent by facsimile a report detailing the daily aggregate outstanding Commercial commercial Letters of Credit for the previous week.

Procedure for Issuance. e(a) The Funds Administrator may from time to time request the Administrative Agent to direct the issuance of a Letter of Credit by delivering to the Administrative Agent, with a copy to the applicable Issuing Bank, a Letter of Credit Request in the form of Exhibit 3.2(a) to this Agreement, not later than 1:00 p.m. (New York City time) at least three (3) Business Days (or such shorter period as may be agreed to by the Administrative Agent and the applicable Issuing Bank) in advance of the proposed date of issuance. Prior to date of issuance or in conjunction with the submission of a Letter of Credit Request, the Funds Administrator shall provide to the Administrative Agent and the applicable Issuing Bank a precise description of the format of the Letter of Credit or information and documents adequate to allow for the Issuing Bank to prepare the requested Letter of Credit and shall specify that the only drawings permitted under the Letter of Credit shall be sight drawings. The Issuing Bank shall not issue any Letter of Credit until it has received authorization to do so from the Administrative Agent. Promptly after the issuance or amendment of any standby Letter of Credit, the Issuing Bank shall notify the Administrative Agent and the Funds Administrator, in writing, of such issuance or amendment and such notice shall be accompanied by a copy of such issuance and amendment. Upon receipt of such notice, the Administrative Agent shall promptly notify the Lenders, in writing, of such issuance or amendment, and if so requested by a Lender the Administrative Agent shall provide such Lender with copies of such issuance or amendment. With regards to Commercial Letters of Credit, the Issuing Bank shall on the first Business Day of each week, provide to the Administrative Agent by facsimile a report detailing the daily aggregate outstanding Commercial Letters of Credit for the previous week.

Procedure for Issuance. e) The Funds Administrator Borrower may from time to time ---------------------- request the Administrative Agent Standby and Trade LC Issuing Bank to direct the issuance of issue a Standby or Trade Letter of Credit by delivering to the Administrative AgentStandby and Trade LC Issuing Bank at such location as the Standby and Trade LC Issuing Bank may from time to time designate, with a copy to the applicable Issuing BankAdministrative Agent, a Letter of Credit Request in the form of Exhibit 3.2(a) to this Agreement, not later than 1:00 p.m. (New York City time) at least three (3) Business Days prior to the proposed Standby or Trade Letter of Credit issuance date (or on such shorter period notice as the Standby and Trade LC Issuing Bank may approve in its discretion), an application, in such form as may from time to time be agreed approved by the Standby and Trade LC Issuing Bank (the "Letter of Credit Application"), completed to the satisfaction of the Standby and Trade LC Issuing Bank, together with such other certificates, documents and other papers and information as the Standby and Trade LC Issuing Bank may reasonably request. Upon receipt of any Letter of Credit Application, the Standby and Trade LC Issuing Bank will process such Letter of Credit Application, and the other certificates, documents and other papers and information delivered to it in connection therewith, in accordance with its customary procedures and, unless it has been notified by the Administrative Agent by the Standby and the applicable Trade LC Issuing Bank) in advance 's close of business on the Business Day preceding the proposed date of issuance. Prior to date of issuance Standby or in conjunction with the submission of a Trade Letter of Credit Requestissuance date that any condition thereto has not been satisfied, issue such Standby or Trade Letter of Credit by delivering the Funds Administrator shall provide original thereof to the beneficiary and furnishing a copy thereof to the Borrower and the Administrative Agent (and the applicable Issuing Bank a precise description of the format of the Letter of Credit or information and documents adequate to allow for the Issuing Bank to prepare the requested Letter of Credit and shall specify that the only drawings permitted under the Letter of Credit shall be sight drawings. The Issuing Bank shall not issue any Letter of Credit until it has received authorization to do so from the Administrative Agent. Promptly after the issuance or amendment of any standby Letter of Credit, the Issuing Bank shall notify the Administrative Agent and the Funds Administrator, in writing, of such issuance or amendment and such notice shall be accompanied by a copy of such issuance and amendment. Upon receipt of such notice, the Administrative Agent shall upon request promptly notify the Lenders, in writing, of such issuance or amendment, and if so requested by a Lender the Administrative Agent shall provide such Lender with furnish copies of such issuance or amendment. With regards to Commercial Letters of Credit, the Issuing Bank shall on the first Business Day of each week, provide thereof to the Administrative Agent by facsimile a report detailing the daily aggregate outstanding Commercial Letters of Credit for the previous weekBanks).