Common use of Procedures for Issuance and Amendment of Letters of Credit Clause in Contracts

Procedures for Issuance and Amendment of Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower delivered to the Issuing Lender (with a copy to the Administrative Agent) in the form of a Letter of Credit Application, appropriately completed and signed by a Authorized Officer of the Borrower. The Letter of Credit Application must be received by the Issuing Lender and the Administrative Agent not later than 11:00 a.m. at least two Business Days (or such later date and time as the Issuing Lender may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as applicable. In the case of a request for an initial issuance of a Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing Lender: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day), (B) the amount thereof, (C) the expiry date thereof, (D) the name and address of the beneficiary thereof, (E) the documents to be presented by such beneficiary in case of any drawing thereunder, (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder and (G) such other matters as the Issuing Lender may require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing Lender (1) the Letter of Credit to be amended, (2) the proposed date of amendment thereof (which shall be a Business Day), (3) the nature of the proposed amendment and (4) such other matters as the Issuing Lender may require.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Polaris Industries Inc/Mn), Revolving Credit Agreement (Polaris Industries Inc/Mn), Day Revolving Credit Agreement (Polaris Industries Inc/Mn)

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Procedures for Issuance and Amendment of Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of a Borrower Party made in the Borrower form of a Request for Credit Extension delivered to the Issuing Lender Letter of Credit Issuer (with a copy to the Administrative Agent) in the form of a Letter of Credit Application), appropriately completed and signed by a Authorized Responsible Officer of such Borrower Party. Such Request for Credit Extension may be sent by fax, by United States mail, by overnight courier, by electronic transmission using the Borrower. The system provided by the Letter of Credit Application Issuer, by personal delivery or by any other means acceptable to the Letter of Credit Issuer. Such Request for Credit Extension must be received by the Issuing Lender Letter of Credit Issuer and the Administrative Agent not later than 11:00 a.m. at least two (2) Business Days (or such later date and time as the Issuing Lender may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as applicablethe case may be, of any Letter of Credit (or such later date and time as Administrative Agent and the Letter of Credit Issuer may agree in a particular instance in their sole discretion). In the case of a request for an initial issuance of a Letter of Credit, such each Request for Letter of Credit Application shall specify in form and detail satisfactory to the Issuing LenderLetter of Credit Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day), ; (B) the amount thereof, ; (C) the expiry date thereof, ; (D) the name and address of the beneficiary thereof, ; (E) the documents to be presented by such beneficiary in case of any drawing thereunder, ; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder thereunder; and (G) such other matters as the Issuing Lender Letter of Credit Issuer may reasonably require. In the case of a request for an amendment of any outstanding Letter of Credit, such the related Request for Letter of Credit Application shall specify in form and detail satisfactory to the Issuing Lender Letter of Credit Issuer: (1) the Letter of Credit to be amended, ; (2) the proposed date of amendment thereof (which shall be a Business Day), ; (3) the nature of the proposed amendment amendment; and (4) such other matters as the Issuing Lender Letter of Credit Issuer may reasonably require. Additionally, the applicable Borrower Party shall furnish to the Letter of Credit Issuer and Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any additional Issuer Documents, as the Letter of Credit Issuer or Administrative Agent may reasonably require.

Appears in 3 contracts

Samples: Revolving Credit Agreement (GOLUB CAPITAL INVESTMENT Corp), Revolving Credit Agreement (Golub Capital Investment Corp), Revolving Credit Agreement (Golub Capital BDC 3, Inc.)

Procedures for Issuance and Amendment of Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the a Borrower Party delivered to the Issuing Lender Letter of Credit Issuer selected by such Borrower Party with respect to such Letter of Credit (with a copy to the Administrative Agent) in the form of a Letter of Request for Credit ApplicationExtension, together with a Borrowing Base Certificate, each appropriately completed and signed by a Authorized Responsible Officer of such Borrower Party. Such Request for Credit Extension may be sent by fax, by United States mail, by overnight courier, by electronic transmission using the Borrower. The system provided by the Letter of Credit Application Issuer, by personal delivery or by any other means acceptable to the Letter of Credit Issuer. Such Request for Credit Extension must be received by the Issuing Lender Letter of Credit Issuer and the Administrative Agent not later than 11:00 a.m. at least two three (3) Business Days (or such later date and time as the Issuing Lender may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as applicablethe case may be, of any Letter of Credit (or such later date and time as Administrative Agent and the Letter of Credit Issuer may agree in a particular instance in their sole discretion). In the case of a request for an initial issuance of a Letter of Credit, such Letter of Request for Credit Application Extension shall specify in form and detail satisfactory to the Issuing LenderLetter of Credit Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day), ; (B) the amount thereof, ; (C) the expiry date thereof, ; (D) the name and address of the beneficiary thereof, ; (E) the documents to be presented by such beneficiary in case of any drawing thereunder, ; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder thereunder; and (G) such other matters as the Issuing Lender Letter of Credit Issuer may reasonably require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of the related Request for Credit Application Extension shall specify in form and detail satisfactory to the Issuing Lender Letter of Credit Issuer: (1) the Letter of Credit to be amended, ; (2) the proposed date of amendment thereof (which shall be a Business Day), ; (3) the nature of the proposed amendment amendment; and (4) such other matters as the Issuing Lender Letter of Credit Issuer may reasonably require. Additionally, the applicable Borrower Party shall furnish to the Letter of Credit Issuer and Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as the Letter of Credit Issuer or Administrative Agent may reasonably require. Each Request for Credit Extension submitted by a Borrower Party shall be deemed to be a representation and warranty that the conditions specified in Section 7.02(a) and (b) have been satisfied on and as of the date of the issuance or amendment of any Letter of Credit.

Appears in 3 contracts

Samples: Revolving Credit Agreement (TCW Direct Lending LLC), Revolving Credit Agreement (TCW Direct Lending LLC), Revolving Credit Agreement (TCW Direct Lending LLC)

Procedures for Issuance and Amendment of Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the a Borrower Party delivered to the Issuing Lender Letter of Credit Issuer selected by such Borrower Party with respect to such Letter of Credit (with a copy to the Administrative Agent) in the form of a Letter of Request for Credit ApplicationExtension, together with a Borrowing Base Certificate, each appropriately completed and signed by a Authorized Responsible Officer of such Borrower Party. Such Request for Credit Extension may be sent by fax, by United States mail, by overnight courier, by electronic transmission using the Borrower. The system provided by the Letter of Credit Application Issuer, by personal delivery or by any other means reasonably acceptable to the Letter of Credit Issuer. Such Request for Credit Extension must be received by the Issuing Lender Letter of Credit Issuer and the Administrative Agent not later than 11:00 a.m. at least two three (3) Business Days (or such later date and time as the Issuing Lender may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as applicablethe case may be, of any Letter of Credit (or such later date and time as Administrative Agent and the Letter of Credit Issuer may agree in a particular instance in their sole discretion). In the case of a request for an initial issuance of a Letter of Credit, such Letter of Request for Credit Application Extension shall specify in form and detail satisfactory to the Issuing LenderLetter of Credit Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day), ; (B) the amount thereof, ; (C) the expiry date thereof, ; (D) the name and address of the beneficiary thereof, ; (E) the documents to be presented by such beneficiary in case of any drawing thereunder, ; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder thereunder; and (G) such other matters as the Issuing Lender Letter of Credit Issuer may reasonably require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of the related Request for Credit Application Extension shall specify in form and detail satisfactory to the Issuing Lender Letter of Credit Issuer: (1) the Letter of Credit to be amended, ; (2) the proposed date of amendment thereof (which shall be a Business Day), ; (3) the nature of the proposed amendment amendment; and (4) such other matters as the Issuing Lender Letter of Credit Issuer may reasonably require. Additionally, the applicable Borrower Party shall furnish to the Letter of Credit Issuer and Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as the Letter of Credit Issuer or Administrative Agent may reasonably require. Each Request for Credit Extension submitted by a Borrower Party shall be deemed to be a representation and warranty that the conditions specified in Section 7.02(a) and (b) have been satisfied on and as of the date of the issuance or amendment of any Letter of Credit.

Appears in 3 contracts

Samples: Credit Agreement (TCW Direct Lending VII LLC), Revolving Credit Agreement (TCW Direct Lending VIII LLC), Revolving Credit Agreement (TCW Direct Lending VII LLC)

Procedures for Issuance and Amendment of Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower delivered to the an Issuing Lender Bank (with a copy to the Administrative Agent) in the form of a Letter of Credit Application, appropriately completed and signed by a Authorized Financial Officer of the BorrowerBorrower and, if requested by the applicable Issuing Bank, of the Subsidiary for whose account such Letter of Credit is to be issued or amended. The Such Letter of Credit Application must be received by the Issuing Lender Bank and the Administrative Agent not later than 11:00 a.m. a.m., New York City time, at least two (2) Business Days (or such later date and time as the Administrative Agent and the Issuing Lender Bank may agree in a particular instance in its their sole discretion) prior to the proposed issuance date or date of amendment, as applicablethe case may be. In the case of a request for an initial issuance of a Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing LenderBank: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day), ; (B) the amount thereof, ; (C) the expiry date thereof, ; (D) the name and address of the beneficiary thereof, ; (E) the documents to be presented by such beneficiary in case of any drawing thereunder, ; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder thereunder; (G) the purpose and nature of the requested Letter of Credit; (H) the Person (whether the Borrower or a Subsidiary) for whose account such Letter of Credit is to be issued; and (GI) such other matters as the Issuing Lender Bank may require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing Lender Bank (1A) the Letter of Credit to be amended, ; (2B) the proposed date of amendment thereof (which shall be a Business Day), ; (3C) the nature of the proposed amendment amendment; and (4D) such other matters as the Issuing Lender Bank may require. Additionally, the Borrower shall furnish to the Issuing Bank and the Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as the Issuing Bank or the Administrative Agent may require.

Appears in 3 contracts

Samples: Credit Agreement (Borgwarner Inc), Credit Agreement (Borgwarner Inc), Credit Agreement (Borgwarner Inc)

Procedures for Issuance and Amendment of Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower delivered to the Issuing Lender (with a copy to the Administrative Agent) in the form of a Letter of Credit Application, appropriately completed and signed by a Authorized Responsible Officer of the Borrower. The Such Letter of Credit Application must be received by the Issuing Lender and the Administrative Agent not later than 11:00 a.m. at least two ten Business Days (or such later date and time as the Issuing Lender may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as applicablethe case may be. In the case of a request for an initial issuance of a Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing Lender: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day), ; (B) the amount thereof, ; (C) the expiry date thereof, ; (D) the name and address of the beneficiary thereof, ; (E) the documents to be presented by such beneficiary in case of any drawing thereunder, ; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder thereunder; and (G) such other matters as the Issuing Lender may reasonably require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing Lender (1A) the Letter of Credit to be amended, ; (2B) the proposed date of amendment thereof (which shall be a Business Day), ; (3C) the nature of the proposed amendment amendment; and (4D) such other matters as the Issuing Lender may reasonably require.

Appears in 2 contracts

Samples: Credit Agreement (Delta & Pine Land Co), Credit Agreement (Gevity Hr Inc)

Procedures for Issuance and Amendment of Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower delivered to the Issuing Lender (with a copy to the Administrative Agent) in the form of a Letter of Credit Application, appropriately completed and signed by a Authorized Responsible Officer of the Borrower. The Such Letter of Credit Application must be received by the Issuing Lender and the Administrative Agent not later than 11:00 a.m. 8:00 a.m., at least two Business Days (or such later date and time as the Issuing Lender may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as applicablethe case may be. In the case of a request for an initial issuance of a Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing Lender: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day), ; (B) the amount thereof, ; (C) the expiry date thereof, ; (D) the name and address of the beneficiary thereof, ; (E) the documents to be presented by such beneficiary in case of any drawing thereunder, ; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder thereunder; and (G) such other matters as the Issuing Lender may require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing Lender (1I) the Letter of Credit to be amended, ; (2II) the proposed date of amendment thereof (which shall be a Business Day), ; (3III) the nature of the proposed amendment amendment; and (4IV) such other matters as the Issuing Lender may require. Additionally, the Borrower shall furnish to the Lender such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as the Lender may require.

Appears in 2 contracts

Samples: Credit Agreement (Varian Medical Systems Inc), Credit Agreement (Varian Medical Systems Inc)

Procedures for Issuance and Amendment of Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower delivered to the Issuing Lender L/C Issuer (with a copy to the Administrative Agent) in the form of a Letter of Credit Application, appropriately completed and signed by a Authorized Officer Responsible Officer. Such Letter of Credit Application may be sent by fax transmission, by United States mail, by overnight courier, by electronic transmission using the Borrowersystem provided by the L/C Issuer, by personal delivery or by any other means acceptable to the L/C Issuer. The Such Letter of Credit Application must be received by the Issuing Lender L/C Issuer and the Administrative Agent not later than 11:00 a.m. at least two (2) Business Days (or such later date and time as the Issuing Lender Administrative Agent and the L/C Issuer may agree in a particular instance in its their sole discretion) prior to the proposed issuance date or date of amendment, as applicablethe case may be. In the case of a request for an initial issuance of a Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing LenderL/C Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day), ; (B) the amount thereof, the Approved Currency thereof and whether such Letter of Credit is to be allocated to the Revolving A Facility or the Revolving B Facility; (C) the expiry date thereof, ; (D) the name and address of the beneficiary thereof, ; (E) the documents to be presented by such beneficiary in case of any drawing thereunder, ; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder thereunder; (G) the purpose and nature of the requested Letter of Credit; and (GH) such other matters as the Issuing Lender L/C Issuer may require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing Lender L/C Issuer (1) the Letter of Credit to be amended, ; (2) the proposed date of amendment thereof (which shall be a Business Day), ; (3) the nature of the proposed amendment amendment; and (4) such other matters as the Issuing Lender L/C Issuer may reasonably require. Additionally, the Borrower shall furnish to the L/C Issuer and the Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as the L/C Issuer or the Administrative Agent may reasonably require.

Appears in 2 contracts

Samples: Credit Agreement (Welltower Inc.), Credit Agreement (Welltower Inc.)

Procedures for Issuance and Amendment of Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower delivered to the Issuing Lender L/C Issuer (with a copy to the Administrative Agent) in the form attached hereto as Exhibit C (a “Request for Letter of Credit”) (with blanks appropriately completed in conformity herewith), together with a Letter of Credit Application, appropriately completed and signed by a Authorized Responsible Officer of the Borrower. The Such Request for Letter of Credit and Letter of Credit Application must be received by the Issuing Lender L/C Issuer and the Administrative Agent not later than 11:00 a.m. 1:00 p.m. at least two (2) Business Days (or such later date and time as Administrative Agent and the Issuing Lender L/C Issuer may agree in a particular instance in its their sole discretion) prior to the proposed issuance date or date of amendment, as applicablethe case may be. In the case of a request for an initial issuance of a Letter of Credit, such Request for Letter of Credit and Letter of Credit Application shall specify in form and detail satisfactory to the Issuing LenderL/C Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day), ; (B) the amount thereof, ; (C) the expiry date thereof, ; (D) the name and address of the beneficiary thereof, ; (E) the documents to be presented by such beneficiary in case of any drawing thereunder, ; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder thereunder; (G) the purpose and nature of the requested Letter of Credit; and (GH) such other matters as the Issuing Lender L/C Issuer may require. In the case of a request for an amendment of any outstanding Letter of Credit, such Request for Letter of Credit and Letter of Credit Application shall specify in form and detail satisfactory to the Issuing Lender L/C Issuer (1A) the Letter of Credit to be amended, ; (2B) the proposed date of amendment thereof (which shall be a Business Day), ; (3C) the nature of the proposed amendment amendment; and (4D) such other matters as the Issuing Lender L/C Issuer may require. Additionally, Borrower shall furnish to the L/C Issuer and Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as the L/C Issuer or Administrative Agent may require.

Appears in 2 contracts

Samples: Credit Agreement (PMC Commercial Trust /Tx), Credit Agreement (PMC Commercial Trust /Tx)

Procedures for Issuance and Amendment of Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower delivered to the applicable Issuing Lender Bank (with a copy to the Administrative Agent) in the form of a Letter of Credit Application, appropriately completed and signed by a Authorized Responsible Officer of the BorrowerBorrower or such Restricted Subsidiary for whose account such Letter of Credit is to be issued. The Such Letter of Credit Application must be received by the applicable Issuing Lender Bank and the Administrative Agent not later than 11:00 a.m. at least two Business Days (or such later date and time as the such Issuing Lender Bank may agree in writing in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as applicablethe case may be. In the case of a request for an initial issuance of a Letter of Credit, such Letter of Credit Application shall specify in form and detail reasonably satisfactory to the applicable Issuing LenderBank: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day), ; (B) the amount thereof, ; (C) the expiry date thereof, ; (D) the name and address of the beneficiary thereof, ; (E) the documents to be presented by such beneficiary in case of any drawing thereunder, ; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder thereunder; and (G) such other matters as the such Issuing Lender Bank may reasonably require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit Application shall specify in form and detail reasonably satisfactory to the applicable Issuing Lender Bank (1A) the Letter of Credit to be amended, ; (2B) the proposed date of amendment thereof (which shall be a Business Day), ; (3C) the nature of the proposed amendment amendment; and (4D) such other matters as the such Issuing Lender Bank may reasonably require.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Dana Inc), And Guaranty Agreement (Dana Holding Corp)

Procedures for Issuance and Amendment of Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower delivered to the Issuing Lender L/C Issuer (with a copy to the Administrative Agent) in the form of a Letter of Credit Application, appropriately completed and signed by a Authorized Officer of the BorrowerResponsible Officer. The Such Letter of Credit Application must be received by the Issuing Lender L/C Issuer and the Administrative Agent not later than 11:00 a.m. at least two Business Days (or such later date and time as the Issuing Lender Administrative Agent and the L/C Issuer may agree in a particular instance in its their sole discretion) prior to the proposed issuance date or date of amendment, as applicablethe case may be. In the case of a request for an initial issuance of a Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing LenderL/C Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day), ; (B) the amount thereof, (C) the expiry date thereof, (D) the name and address of the beneficiary thereof, (E) the documents to be presented by such beneficiary in case of any drawing thereunder, ; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder thereunder; (G) the purpose and nature of the requested Letter of Credit and (GH) such other matters as the Issuing Lender L/C Issuer may require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing Lender L/C Issuer (1A) the Letter of Credit to be amended, ; (2B) the proposed date of amendment thereof (which shall be a Business Day), ; (3C) the nature of the proposed amendment amendment; and (4D) such other matters as the Issuing Lender L/C Issuer may require. Additionally, the Borrower shall furnish to the L/C Issuer and the Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as the L/C Issuer or the Administrative Agent may require.

Appears in 2 contracts

Samples: Credit Agreement (Hcp, Inc.), Credit Agreement (Health Care Property Investors Inc)

Procedures for Issuance and Amendment of Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the applicable Borrower delivered to the Issuing Lender an L/C Issuer (with a copy to the Administrative Agent) in the form of a Letter of Credit Application, appropriately completed and signed by a Authorized Responsible Officer of the applicable Borrower. The Such Letter of Credit Application may be sent by facsimile, by United States mail, by overnight courier, by electronic transmission using the system provided by the applicable L/C Issuer, by personal delivery or by any other means acceptable to such L/C Issuer. Such Letter of Credit Application must be received by the Issuing Lender applicable L/C Issuer and the Administrative Agent not later than 11:00 a.m. at least two Business Days (or such later date and time as the Issuing Lender may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as applicablethe case may be, of any Letter of Credit denominated in Dollars, and not later than 12:00 noon at least ten Business Days prior to the proposed issuance date or date of amendment, as the case may be, of any Letter of Credit denominated in an Alternative Currency (or in each case such later date and time as the Administrative Agent and the applicable L/C Issuer may agree in a particular instance in their sole discretion). In the case of a request for an initial issuance of a Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing Lenderapplicable L/C Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day), ; (B) the amount thereof, and currency thereof and the absence of specification of currency shall be deemed a request for a Letter of Credit denominated in Dollars; (C) the expiry date thereof, ; (D) the name and address of the beneficiary thereof, ; (E) the documents to be presented by such beneficiary in case of any drawing thereunder, ; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder thereunder; (G) the purpose and nature of the requested Letter of Credit; and (GH) such other matters as the Issuing Lender L/C Issuer may require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing Lender applicable L/C Issuer (1) the Letter of Credit to be amended, ; (2) the proposed date of amendment thereof (which shall be a Business Day), ; (3) the nature of the proposed amendment amendment; and (4) such other matters as the Issuing Lender applicable L/C Issuer may require. Additionally, the applicable Borrower shall furnish to the applicable L/C Issuer and the Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as such L/C Issuer or the Administrative Agent may require.

Appears in 2 contracts

Samples: Credit Agreement (Diodes Inc /Del/), Credit Agreement (Diodes Inc /Del/)

Procedures for Issuance and Amendment of Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the applicable Borrower delivered to the Issuing Lender L/C Issuer (with a copy to the Administrative Agent) in the form of a Letter of Credit Application, appropriately completed and signed by a Authorized Responsible Officer of the applicable Borrower. The Such Letter of Credit Application may be sent by facsimile, by United States mail, by overnight courier, by electronic transmission using the system provided by the L/C Issuer, by personal delivery or by any other means acceptable to the L/C Issuer. Such Letter of Credit Application must be received by the Issuing Lender L/C Issuer and the Administrative Agent not later than 11:00 a.m. at least two Business Days (or such later date and time as the Issuing Lender may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as applicablethe case may be, of any Letter of Credit denominated in Dollars, and not later than 12:00 noon at least ten Business Days prior to the proposed issuance date or date of amendment, as the case may be, of any Letter of Credit denominated in an Alternative Currency (or in each case such later date and time as the Administrative Agent and the L/C Issuer may agree in a particular instance in their sole discretion). In the case of a request for an initial issuance of a Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing LenderL/C Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day), ; (B) the amount thereof, and currency thereof and the absence of specification of currency shall be deemed a request for a Letter of Credit denominated in Dollars; (C) the expiry date thereof, ; (D) the name and address of the beneficiary thereof, ; (E) the documents to be presented by such beneficiary in case of any drawing thereunder, ; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder thereunder; (G) the purpose and nature of the requested Letter of Credit; and (GH) such other matters as the Issuing Lender L/C Issuer may require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing Lender L/C Issuer (1) the Letter of Credit to be amended, ; (2) the proposed date of amendment thereof (which shall be a Business Day), ; (3) the nature of the proposed amendment amendment; and (4) such other matters as the Issuing Lender L/C Issuer may require. Additionally, the applicable Borrower shall furnish to the L/C Issuer and the Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as the L/C Issuer or the Administrative Agent may require.

Appears in 2 contracts

Samples: Credit Agreement (Diodes Inc /Del/), Credit Agreement (Diodes Inc /Del/)

Procedures for Issuance and Amendment of Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the applicable Borrower delivered to the Issuing Lender L/C Issuer (with a copy to the Administrative Agent) in the form of a Letter of Credit Application, appropriately completed and signed by a Authorized Responsible Officer of the applicable Borrower. The Such Letter of Credit Application must be received by the Issuing Lender L/C Issuer and the Administrative Agent not later than 11:00 a.m. at least two one Business Days (or such later date and time as the Issuing Lender may agree in a particular instance in its sole discretion) Day prior to the proposed issuance date or date of amendment, as applicablethe case may be. In the case of a request for an initial issuance of a Letter of Credit, such Letter of Credit Application shall specify in form and detail reasonably satisfactory to the Issuing LenderL/C Issuer the following: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day), ; (B) the amount thereof, ; (C) the expiry date thereof, ; (D) the name and address of the beneficiary thereof, ; (E) the documents to be presented by such beneficiary in case of any drawing thereunder, ; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder thereunder; and (G) such other matters as the Issuing Lender L/C Issuer may reasonably require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit Application shall specify in form and detail reasonably satisfactory to the Issuing Lender L/C Issuer the following: (1A) the Letter of Credit to be amended, ; (2B) the proposed date of amendment thereof (which shall be a Business Day), ; (3C) the nature of the proposed amendment amendment; and (4D) such other matters as the Issuing Lender L/C Issuer may reasonably require. Additionally, the applicable Borrower shall furnish to the L/C Issuer and the Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as the L/C Issuer or the Administrative Agent may reasonably require.

Appears in 2 contracts

Samples: Credit Agreement (Gilead Sciences Inc), Credit Agreement (Gilead Sciences Inc)

Procedures for Issuance and Amendment of Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, including, without limitation, extended or renewed, upon the request of the Borrower delivered to the Issuing Lender an L/C Issuer (with a copy to the Administrative Agent) in the form of a Letter of Credit Application, appropriately completed and signed by a Authorized Responsible Officer of the Borrower. The Such Letter of Credit Application must be received by the Issuing Lender such L/C Issuer and the Administrative Agent not later than 11:00 a.m. at least thirty days, in the case of a Bond Letter of Credit, and two Business Days Days, in the case of any other Letter of Credit (or such later date and time in each case as the Issuing Lender Administrative Agent and such L/C Issuer may agree in a particular instance in its their sole discretion) ), prior to the proposed issuance date or date of amendment, as applicablethe case may be. In the case of a request for an initial issuance of a Letter of Credit, such Letter of Credit Application shall specify in form and detail reasonably satisfactory to the Issuing Lenderapplicable L/C Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day), ; (B) the amount thereof, ; (C) the expiry date thereof, ; (D) the name and address of the beneficiary thereof, ; (E) the documents to be presented by such beneficiary in case of any drawing thereunder, ; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder and thereunder; (G) the purpose and nature of the requested Letter of Credit; (H) in the case of a Bond Letter of Credit, the Bond Documents; and (I) such other matters information as the Issuing Lender such L/C Issuer may require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing Lender such L/C Issuer (1A) the Letter of Credit to be amended, ; (2B) the proposed date of amendment thereof (which shall be a Business Day), ; (3C) the nature of the proposed amendment amendment; and (4D) such other matters as such L/C Issuer may require. Additionally, the Issuing Lender Borrower shall furnish to such L/C Issuer and the Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as such L/C Issuer or the Administrative Agent may require.

Appears in 2 contracts

Samples: Credit Agreement (Oglethorpe Power Corp), Credit Agreement (Oglethorpe Power Corp)

Procedures for Issuance and Amendment of Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the a Revolving Credit Borrower delivered to the applicable Issuing Lender Bank (with a copy to the Administrative Agent) in the form of a Letter of Credit Application, appropriately completed and signed by a Authorized Responsible Officer of the BorrowerApplicable Borrower or such Restricted Subsidiary for whose account such Letter of Credit is to be issued. The Such Letter of Credit Application must be received by the applicable Issuing Lender Bank and the Administrative Agent not later than 11:00 a.m. (New York City time) at least two Business Days (or such later date and time as the such Issuing Lender Bank may agree in writing in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as applicablethe case may be. In the case of a request for an initial issuance of a Letter of Credit, such Letter of Credit Application shall specify in form and detail reasonably satisfactory to the applicable Issuing LenderBank: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day), ; (B) the amount and currency thereof, ; (C) the expiry date thereof, ; (D) the name and address of the beneficiary thereof, ; (E) the documents to be presented by such beneficiary in case of any drawing thereunder, ; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder thereunder; and (G) such other matters as the such Issuing Lender Bank may reasonably require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit Application shall specify in form and detail reasonably satisfactory to the applicable Issuing Lender Bank (1A) the Letter of Credit to be amended, ; (2B) the proposed date of amendment thereof (which shall be a Business Day), ; (3C) the nature of the proposed amendment amendment; and (4D) such other matters as the such Issuing Lender Bank may reasonably require.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Dana Inc), Credit and Guaranty Agreement (Dana Inc)

Procedures for Issuance and Amendment of Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower delivered to the Issuing Lender (with a copy to the Administrative Agent) in the form of a Letter of Credit Application, appropriately completed and signed by a Authorized Officer of the Borrower. The Letter of Credit Application must be received by the Issuing Lender and the Administrative Agent not later than 11:00 a.m. at least two Business Days (or such later date and time as the Issuing Lender may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as applicable. In the case of a request for an initial issuance of a Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing Lender: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day), (B) the amount and currency thereof, (C) the expiry date thereof, (D) the name and address of the beneficiary thereof, (E) the documents to be presented by such beneficiary in case of any drawing thereunder, (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder and (G) such other matters as the Issuing Lender may require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing Lender (1) the Letter of Credit to be amended, (2) the proposed date of amendment thereof (which shall be a Business Day), (3) the nature of the proposed amendment and (4) such other matters as the Issuing Lender may require.

Appears in 2 contracts

Samples: Credit Agreement (Polaris Industries Inc/Mn), Revolving Credit Agreement (Polaris Industries Inc/Mn)

Procedures for Issuance and Amendment of Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower or any Co-Borrower delivered to the Issuing Lender (with a copy to the Administrative Agent) in the form of a Letter of Credit Application, appropriately completed and signed by a Authorized Officer Responsible Official of Borrower or the relevant Co-Borrower. Each Letter of Credit Application submitted by Borrower (or any Co-Borrower) shall be deemed to be a representation and warranty that the conditions specified in Section 8.2 have been satisfied on and as of the Borrowerdate of the issuance of the Letter of Credit requested thereby. The Such Letter of Credit Application must be received by the Issuing Lender and the Administrative Agent not later than 11:00 a.m. 1:00 p.m., Las Vegas time, at least two three Business Days (or such later date and time as the Issuing Lender may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as applicablethe case may be. In the case of a request for an initial issuance of a Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing Lender: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day), ; (B) the amount and currency thereof, ; (C) the expiry date thereof, ; (D) the name and address of the beneficiary thereof, ; (E) the documents to be presented by such beneficiary in case of any drawing thereunder, ; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder thereunder; and (G) such other matters as the Issuing Lender may require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing Lender (1W) the Letter of Credit to be amended, ; (2X) the proposed date of amendment thereof (which shall be a Business Day), ; (3Y) the nature of the proposed amendment amendment; and (4Z) such other matters as the Issuing Lender may require. Additionally, Borrower (or the applicable Co-Borrower) shall furnish to the Issuing Lender and the Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as the Issuing Lender or the Administrative Agent may reasonably require.

Appears in 2 contracts

Samples: Loan Agreement (MGM Resorts International), Loan Agreement (MGM Resorts International)

Procedures for Issuance and Amendment of Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower delivered to the Issuing Lender L/C Issuer (with a copy to the Administrative Agent) in the form of a Letter of Credit Application, appropriately completed and signed by a Authorized Financial Officer of the Borrower, which shall indicate whether the Borrower requests a Subsidiary be included as an account party under such Letter of Credit. The Such Letter of Credit Application must be received by the Issuing Lender L/C Issuer and the Administrative Agent not later than 11:00 a.m. at least two Business Days (or such later date and time as the Issuing Lender Agent and the L/C Issuer may agree in a particular instance in its their sole discretion) prior to the proposed issuance date or date of amendment, as applicablethe case may be. In the case of a request for an initial issuance of a Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing LenderL/C Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day), ; (B) the amount thereof, ; (C) the expiry date thereof, ; (D) the name and address of the beneficiary thereof, ; (E) the documents to be presented by such beneficiary in case of any drawing thereunder, ; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder thereunder; (G) the purpose and nature of the requested Letter of Credit; and (GH) such other matters as the Issuing Lender L/C Issuer may require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing Lender L/C Issuer (1A) the Letter of Credit to be amended, ; (2B) the proposed date of amendment thereof (which shall be a Business Day), ; (3C) the nature of the proposed amendment amendment; and (4D) such other matters as the Issuing Lender L/C Issuer may require. Additionally, the Borrower shall furnish to the L/C Issuer and the Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as the L/C Issuer or the Agent may reasonably require.

Appears in 2 contracts

Samples: Credit Agreement (Sherwin Williams Co), Credit Agreement (Sherwin Williams Co)

Procedures for Issuance and Amendment of Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower Company delivered to the Issuing Lender applicable L/C Issuer (with a copy to the Administrative Agent) in the form of a Letter of Credit Application, appropriately completed and signed by a Authorized Responsible Officer of the BorrowerCompany and/or such Restricted Subsidiary, as required by such L/C Issuer. The Such Letter of Credit Application may be sent by fax transmission, by United States mail, by overnight courier, by electronic transmission using the system provided by such L/C Issuer, by personal delivery or by any other means acceptable to such L/C Issuer. Such Letter of Credit Application must be received by the Issuing Lender such L/C Issuer and the Administrative Agent not later than (x) in the case of a Letter of Credit denominated in Dollars, 11:00 a.m. at least two (2) Business Days (or such later date and time as the Issuing Lender Administrative Agent and such L/C Issuer may agree in a particular instance in its their sole discretion) prior to the proposed issuance date or date of amendment, as applicablethe case may be and (y) in the case of a Letter of Credit denominated in an Alternative Currency, 11:00 a.m. at least five (5) Business Days (or such later date and time as the Administrative Agent and such L/C Issuer may agree in a particular instance in their sole discretion) prior to the proposed issuance date or date of amendment, as the case may be. In the case of a request for an initial issuance of a Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing Lendersuch L/C Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day), ; (B) the amount thereof, and currency thereof and in the absence of specification of currency shall be deemed a request for a Letter of Credit denominated in Dollars; (C) the expiry date thereof, ; (D) the name and address of the beneficiary thereof, ; (E) the documents to be presented by such beneficiary in case of any drawing thereunder, ; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder thereunder; (G) the purpose and nature of the requested Letter of Credit; and (GH) such other matters as the Issuing Lender such L/C Issuer may require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing Lender such L/C Issuer (1) the Letter of Credit to be amended, ; (2) the proposed date of amendment thereof (which shall be a Business Day), ; (3) the nature of the proposed amendment amendment; and (4) such other matters as such L/C Issuer may require. Additionally, the Issuing Lender Company shall furnish to such L/C Issuer and the Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as such L/C Issuer or the Administrative Agent may require.

Appears in 2 contracts

Samples: Credit Agreement (Benchmark Electronics Inc), Credit Agreement (Benchmark Electronics Inc)

Procedures for Issuance and Amendment of Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the a Revolving Credit Borrower delivered to the applicable Issuing Lender Bank (with a copy to the Administrative Agent) in the form of a Letter of Credit Application, appropriately completed and signed by a Authorized Responsible Officer of the BorrowerApplicableapplicable Borrower or such Restricted Subsidiary for whose account such Letter of Credit is to be issued. The Such Letter of Credit Application must be received by the applicable Issuing Lender Bank and the Administrative Agent not later than 11:00 a.m. (New York City time) at least two Business Days (or such later date and time as the such Issuing Lender Bank may agree in writing in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as applicablethe case may be. In the case of a request for an initial issuance of a Letter of Credit, such Letter of Credit Application shall specify in form and detail reasonably satisfactory to the applicable Issuing LenderBank: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day), ; (B) the amount and currency thereof, ; (C) the expiry date thereof, ; (D) the name and address of the beneficiary thereof, ; (E) the documents to be presented by such beneficiary in case of any drawing thereunder, ; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder thereunder; and (G) such other matters as the such Issuing Lender Bank may reasonably require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit Application shall specify in form and detail reasonably satisfactory to the applicable Issuing Lender Bank (1A) the Letter of Credit to be amended, ; (2B) the proposed date of amendment thereof (which shall be a Business Day), ; (3C) the nature of the proposed amendment amendment; and (4D) such other matters as the such Issuing Lender Bank may reasonably require.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Dana Inc)

Procedures for Issuance and Amendment of Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower delivered to the Issuing Lender (with a copy to the Administrative Agent) in the form of a Letter of Credit Application, appropriately completed and signed by a Authorized Responsible Officer of the Borrower. The Such Letter of Credit Application must be received by the Issuing Lender and the Administrative Agent not later than 11:00 a.m. at least two five (5) Business Days (or such later date and time as the Agent and the Issuing Lender may agree in a particular instance in its their sole discretion) prior to the proposed issuance date or date of amendment, as applicablethe case may be. In the case of a request for an initial issuance of a Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing Lender: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day), ; (B) the amount thereof, ; (C) the expiry date thereof, ; (D) the name and address of the beneficiary thereof, ; (E) the documents to be presented by such beneficiary in case of any drawing thereunder, ; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder thereunder; and (G) such other matters as the Issuing Lender may require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing Lender (1A) the Letter of Credit to be amended, ; (2B) the proposed date of amendment thereof (which shall be a Business Day), ; (3C) the nature of the proposed amendment amendment; and (4D) such other matters as the Issuing Lender may require. Additionally, the Borrower shall furnish to the Issuing Lender and the Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any LOC Documents, as the Issuing Lender or the Agent may require.

Appears in 1 contract

Samples: Credit Agreement (Chattem Canada Holdings Inc)

Procedures for Issuance and Amendment of Letters of Credit. (i) Each US Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower US Borrowers delivered to the applicable US Issuing Lender Bank (with a copy to the Administrative Primary US Agent) in the form of a Letter of Credit Application, appropriately completed and signed by a Authorized Responsible Officer of the Borrowereach Borrower or Subsidiary for whose account such US Letter of Credit is to be issued. The Such Letter of Credit Application must be received by the applicable US Issuing Lender Bank and the Administrative Primary US Agent not later than 11:00 a.m. 12:00 noon at least two Business Days (or such later date and time as the such US Issuing Lender Bank may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as applicablethe case may be. In the case of a request for an initial issuance of a US Letter of Credit, such Letter of Credit Application shall specify in form and detail reasonably satisfactory to the applicable US Issuing LenderBank: (A) the proposed issuance date of the requested US Letter of Credit (which shall be a Business Day), ; (B) the amount thereof, ; (C) the expiry date thereof, ; (D) the name and address of the beneficiary thereof, ; (E) the documents to be presented by such beneficiary in case of any drawing thereunder, ; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder thereunder; and (G) such other matters as the such US Issuing Lender Bank may reasonably require. In the case of a request for an amendment of any outstanding US Letter of Credit, such Letter of Credit Application shall specify in form and detail reasonably satisfactory to the applicable US Issuing Lender Bank (1A) the US Letter of Credit to be amended, ; (2B) the proposed date of amendment thereof (which shall be a Business Day), ; (3C) the nature of the proposed amendment amendment; and (4D) such other matters as the such US Issuing Lender Bank may reasonably require.

Appears in 1 contract

Samples: Credit Agreement (World Color Press Inc.)

Procedures for Issuance and Amendment of Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the a Co-Borrower delivered to the Issuing Lender L/C Issuer (with a copy to the Administrative Agent) in the form of a Letter of Credit Application, appropriately completed and signed by a Authorized Responsible Officer of the BorrowerParent. The Such Letter of Credit Application may be sent by facsimile, by United States mail, by overnight courier or by electronic transmission using the system provided by the L/C Issuer. Such Letter of Credit Application must be received by the Issuing Lender L/C Issuer and the Administrative Agent not later than 11:00 a.m. at least two Business Days (or such later date and time as the Issuing Lender Administrative Agent and the L/C Issuer may agree in a particular instance in its their sole discretion) prior to the proposed issuance date or date of amendment, as applicablethe case may be. In the case of a request for an initial issuance of a Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing LenderL/C Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day), ; (B) the amount and currency thereof, ; (C) the expiry date thereof, ; (D) the name and address of the beneficiary thereof, ; (E) the documents to be presented by such beneficiary in case of any drawing thereunder, ; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder thereunder; (G) the purpose and nature of the requested Letter of Credit; and (GH) such other matters as the Issuing Lender L/C Issuer may require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing Lender L/C Issuer (1A) the Letter of Credit to be amended, ; (2B) the proposed date of amendment thereof (which shall be a Business Day), ; (3C) the nature of the proposed amendment amendment; and (4D) such other matters as the Issuing Lender L/C Issuer may require. Additionally, the Co-Borrowers shall furnish to the L/C Issuer and the Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as the L/C Issuer or the Administrative Agent may require.

Appears in 1 contract

Samples: Credit Agreement (Ennis, Inc.)

Procedures for Issuance and Amendment of Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the a Borrower delivered to the Issuing Lender (with a copy to the Administrative Agent) in the form of a Letter of Credit Application, appropriately completed and signed by a Authorized Responsible Officer of the such Borrower. The Such Letter of Credit Application must be received by the Issuing Lender and the Administrative Agent not later than 11:00 a.m. at least two Business Days (or such later date and time as the Administrative Agent and the Issuing Lender may agree in a particular instance in its their sole discretion) prior to the proposed issuance date or date of amendment, as applicablethe case may be. In the case of a request for an initial issuance of a Letter of Credit, such Letter of Credit Application shall specify in form and detail reasonably satisfactory to the Issuing Lender: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day), ; (B) the amount thereof, ; (C) the expiry date thereof, ; (D) the name and address of the beneficiary thereof, ; (E) the documents to be presented by such beneficiary in case of any drawing thereunder, ; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder thereunder; and (G) such other matters as the Issuing Lender may reasonably require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit Application shall specify in form and detail reasonably satisfactory to the Issuing Lender (1A) the Letter of Credit to be amended, ; (2B) the proposed date of amendment thereof (which shall be a Business Day), ; (3C) the nature of the proposed amendment amendment; and (4D) such other matters as the Issuing Lender may reasonably require. Additionally, the applicable Borrower shall furnish to the Issuing Lender and the Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as the Issuing Lender or the Administrative Agent may reasonably require.

Appears in 1 contract

Samples: Credit Agreement (Ryans Restaurant Group Inc)

Procedures for Issuance and Amendment of Letters of Credit. (i1) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower delivered to the Issuing Lender Bank (with a copy to the Administrative Agent) in the form of a Letter of Credit Application, appropriately completed and signed by a an Authorized Officer of the Borrower. The Such Letter of Credit Application must be received by the Issuing Lender Bank and the Administrative Agent not later than 11:00 a.m. (Pacific time) at least two Business Days (or such later date and time as the Issuing Lender Bank may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as applicablethe case may be. In the case of a request for an initial issuance of a Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing LenderBank: (Ai) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day), ; (Bii) the amount thereof, ; (Ciii) the expiry date thereof, ; (Div) the name and address of the beneficiary thereof, ; (Ev) the documents to be presented by such beneficiary in case of any drawing thereunder, ; (Fvi) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder thereunder; and (Gvii) such other matters as the Issuing Lender Bank may reasonably require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit Application shall specify in form and detail reasonably satisfactory to the Issuing Lender Bank (1i) the Letter of Credit to be amended, ; (2ii) the proposed date of amendment thereof (which shall be a Business Day), ; (3iii) the nature of the proposed amendment amendment; and (4iv) such other matters as the Issuing Lender Bank may reasonably require.

Appears in 1 contract

Samples: Credit Agreement (American Vanguard Corp)

Procedures for Issuance and Amendment of Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower or any Co-Borrower delivered to the relevant Issuing Lender (with a copy to the Administrative Agent) in the form of a Letter of Credit Application, appropriately completed and signed by a Authorized Officer Responsible Official of Borrower or the relevant Co-Borrower. Each Letter of Credit Application submitted by Borrower (or any Co-Borrower) shall be deemed to be a representation and warranty that the conditions specified in Section 8.3 have been satisfied on and as of the Borrowerdate of the issuance of the Letter of Credit requested thereby. The Such Letter of Credit Application must be received by the relevant Issuing Lender and the Administrative Agent not later than 11:00 a.m. 1:00 p.m., Las Vegas time, at least two three Business Days (or such later date and time as the relevant Issuing Lender may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as applicablethe case may be. In the case of a request for an initial issuance of a Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the relevant Issuing Lender: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day), ; (B) the amount and currency thereof, ; (C) the expiry date thereof, ; (D) the name and address of the beneficiary thereof, ; (E) the documents to be presented by such beneficiary W02-WEST:LAR\400019853.8 in case of any drawing thereunder, ; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder thereunder; and (G) such other matters as the relevant Issuing Lender may require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the relevant Issuing Lender (1W) the Letter of Credit to be amended, ; (2X) the proposed date of amendment thereof (which shall be a Business Day), ; (3Y) the nature of the proposed amendment amendment; and (4Z) such other matters as the relevant Issuing Lender may require. Additionally, Borrower (or the applicable Co-Borrower) shall furnish to the relevant Issuing Lender and the Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as the relevant Issuing Lender or the Administrative Agent may reasonably require.

Appears in 1 contract

Samples: Loan Agreement (MGM Mirage)

Procedures for Issuance and Amendment of Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the applicable Borrower delivered to the Issuing Lender an L/C Issuer (with a copy to the Administrative Agent) in the form of a Letter of Credit Application, appropriately completed and signed by a Authorized Responsible Officer of the applicable Borrower. The Such Letter of Credit Application may be sent by facsimile, by United States mail, by overnight courier, by electronic transmission using the system provided by the applicable L/C Issuer, by personal delivery or by any other means acceptable to such L/C Issuer. Such Letter of Credit Application must be received by the Issuing Lender applicable L/C Issuer and the Administrative Agent not later than 11:00 a.m. at least two Business Days (or such later date and time as the Issuing Lender may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as applicablethe case may be, of any Letter of Credit denominated in Dollars, and not later than 12:00 noon at least ten Business Days prior to the proposed issuance date or date of amendment, as the case may be, of any Letter of Credit denominated in an Alternative Currency (or in each case such later date and time as the Administrative Agent and the applicable L/C Issuer may agree in a particular instance in their sole discretion). In the case of a request for an initial issuance of a Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing Lenderapplicable L/C Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day), ; (B) the amount thereof, and currency thereof and the absence of specification of currency shall be deemed a request for a Letter of Credit denominated in Dollars; (C) the expiry date thereof, ; (D) the name and address of the beneficiary thereof, ; (E) the documents to be presented by such beneficiary in case of any drawing thereunder, ; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder thereunder; (G) the purpose and nature of the requested Letter of Credit; and (GH) such other matters as the Issuing Lender L/C Issuer may require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing Lender applicable L/C Issuer (1) the Letter of Credit to be amended, ; (2) the proposed date of amendment thereof (which shall be a Business Day), ; (3) the nature of the proposed amendment amendment; and (4) such other matters as the Issuing Lender applicable L/C Issuer may require. Additionally, the applicable Borrower shall furnish to the applicable L/C Issuer and the Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as such L/C Issuer or the Administrative Agent may require.

Appears in 1 contract

Samples: Credit Agreement (Diodes Inc /Del/)

Procedures for Issuance and Amendment of Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower delivered to the Issuing Lender L/C Issuer (with a copy to the Administrative Agent) in the form of a Letter of Credit Application, appropriately completed and signed by a Authorized Responsible Officer of the Borrower. The Such Letter of Credit Application must be received by the Issuing Lender L/C Issuer and the Administrative Agent not later than 11:00 a.m. at least two one Business Days (or such later date and time as the Issuing Lender may agree in a particular instance in its sole discretion) Day prior to the proposed issuance date or date of amendment, as applicablethe case may be. In the case of a request for an initial issuance of a Letter of Credit, such Letter of Credit Application shall specify in form and detail reasonably satisfactory to the Issuing LenderL/C Issuer the following: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day), ; (B) the amount thereof, ; (C) the expiry date thereof, ; (D) the name and address of the beneficiary thereof, ; (E) the documents to be presented by such beneficiary in case of any drawing thereunder, ; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder thereunder; and (G) such other matters as the Issuing Lender L/C Issuer may reasonably require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit Application shall specify in form and detail reasonably satisfactory to the Issuing Lender L/C Issuer the following: (1A) the Letter of Credit to be amended, ; (2B) the proposed date of amendment thereof (which shall be a Business Day), ; (3C) the nature of the proposed amendment amendment; and (4D) such other matters as the Issuing Lender L/C Issuer may reasonably require. Additionally, the Borrower shall furnish to the L/C Issuer and the Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as the L/C Issuer or the Administrative Agent may reasonably require.

Appears in 1 contract

Samples: Credit Agreement (Gilead Sciences Inc)

Procedures for Issuance and Amendment of Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower delivered to the Issuing Lender L/C Issuer (with a copy to the Administrative Agent) in the form of a Letter of Credit Application, appropriately completed and signed by a Authorized Responsible Officer of the Borrower. The Such Letter of Credit Application must be received by the Issuing Lender L/C Issuer and the Administrative Agent (A) not later than 11:00 a.m. 1:00 p.m. at least two three (3) Business Days (or such later date and time as the Issuing Lender may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as applicablethe case may be, of any Letter of Credit denominated in Dollars, and (B) not later than 1:00 p.m. at least ten (10) Business Days prior to the proposed issuance date or date of amendment, as the case may be, of any Letter of Credit denominated in a Foreign Currency; or in each case such later date and time as the Administrative Agent and the L/C Issuer may agree in a particular instance in its sole discretion. In the case of a request for an initial issuance of a Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing LenderL/C Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day), ; (B) the amount thereof, and currency thereof and in the absence of specification of currency shall be deemed a request for a Letter of Credit denominated in Dollars; (C) the expiry date thereof, ; (D) the name and address of the beneficiary thereof, ; (E) the documents to be presented by such beneficiary in case of any drawing thereunder, ; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder thereunder; and (G) such other matters as the Issuing Lender L/C Issuer may reasonably require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit Application shall specify in form and detail reasonably satisfactory to the Issuing Lender L/C Issuer (1A) the Letter of Credit to be amended, ; (2B) the proposed date of amendment thereof (which shall be a Business Day), ; (3C) the nature of the proposed amendment amendment; and (4D) such other matters as the Issuing Lender L/C Issuer may reasonably require. Additionally, the Borrower shall furnish to the L/C Issuer and the Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as the L/C Issuer or the Administrative Agent may require.

Appears in 1 contract

Samples: Credit Agreement (Advanced Medical Optics Inc)

Procedures for Issuance and Amendment of Letters of Credit. (i1) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower delivered to the Issuing Lender Bank (with a copy to the Administrative Agent) in the form of a Letter of Credit Application, appropriately completed and signed by a an Authorized Officer of the Borrower. The Such Letter of Credit Application must be received by the Issuing Lender Bank and the Administrative Agent not later than 11:00 a.m. (Pacific time) at least two Business Days (or such later date and time as the Issuing Lender may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as applicablethe case may be. In the case of a request for an initial issuance of a Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing LenderBank: (Ai) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day), ; (Bii) the amount thereof, ; (Ciii) the expiry date thereof, ; (Div) the name and address of the beneficiary thereof, ; (Ev) the documents to be presented by such beneficiary in case of any drawing thereunder, ; (Fvi) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder thereunder; and (Gvii) such other matters as the Issuing Lender Bank may reasonably require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit Application shall specify in form and detail reasonably satisfactory to the Issuing Lender Bank (1i) the Letter of Credit to be amended, ; (2ii) the proposed date of amendment thereof (which shall be a Business Day), ; (3iii) the nature of the proposed amendment amendment; and (4iv) such other matters as the Issuing Lender Bank may reasonably require.

Appears in 1 contract

Samples: Pledge Agreement (Mentor Corp /Mn/)

Procedures for Issuance and Amendment of Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower delivered to the Issuing Lender LC Issuer (with a copy to the Administrative Agent) in the form of a Letter of Credit printed LC Application, appropriately completed and signed by a Authorized Responsible Officer of the BorrowerBorrower or an electronic LC Application initiated by Borrower pursuant to LC Issuer’s online electronic letter of credit application/request system. The Letter of Credit Such LC Application must be received by the Issuing Lender LC Issuer and the Administrative Agent not later than 11:00 a.m. (New York, New York time) at least two Business Days (or such later date and time as the Issuing Lender may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as applicablethe case may be, of any Letter of Credit; or such later date and time as Administrative Agent and LC Issuer may agree in a particular instance in their sole discretion. In the case of a request for an initial issuance of a Letter of Credit, such Letter of Credit LC Application shall specify in form and detail satisfactory to the Issuing LenderLC Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day), ; (B) the amount thereof, ; (C) the expiry date thereof, ; (D) the name and address of the beneficiary thereof, ; (E) the documents to be presented by such beneficiary in case of any drawing thereunder, ; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder thereunder; (G) any modification in respect of Rule 3.14 of the ISP, and (GH) such other matters as the Issuing Lender LC Issuer may reasonably require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit LC Application shall specify in form and detail satisfactory to the Issuing Lender LC Issuer (1A) the Letter of Credit to be amended, ; (2B) the proposed date of amendment thereof (which shall be a Business Day), ; (3C) the nature of the proposed amendment (including any modification in respect of Rule 3.14 of the ISP); and (4D) such other matters as the Issuing Lender LC Issuer may reasonably require. Additionally, Borrower shall furnish to LC Issuer and Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as LC Issuer or Administrative Agent may reasonably require.

Appears in 1 contract

Samples: Credit Agreement (Plains All American Pipeline Lp)

Procedures for Issuance and Amendment of Letters of Credit. (i) The Existing Letters of Credit shall be deemed to have been issued hereunder as of the Closing Date. Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower Representative delivered to the Issuing Lender L/C Issuer (with a copy to the Administrative Agent) in the form of a Letter of Credit Application, appropriately completed and signed by a Authorized Responsible Officer of the BorrowerBorrower Representative. The Such Letter of Credit Application may be sent by facsimile, by United States mail, by overnight courier, by electronic transmission using the system provided by L/C Issuer, by personal delivery or by any other means acceptable to L/C Issuer. Such Letter of Credit Application must be received by the Issuing Lender L/C Issuer and the Administrative Agent not later than 11:00 a.m. at least two (2) Business Days (or such later date and time as the Issuing Lender Administrative Agent and L/C Issuer may agree in a particular instance in its their sole discretion) prior to the proposed issuance date or date of amendment, as applicablethe case may be. In the case of a request for an initial issuance of a Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing LenderL/C Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day), ; (B) the amount thereof, ; (C) the expiry date thereof, ; (D) the name and address of the beneficiary thereof, ; (E) the documents to be presented by such beneficiary in case of any drawing thereunder, ; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder thereunder; (G) the purpose and nature of the requested Letter of Credit; and (GH) such other matters as the Issuing Lender L/C Issuer may require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing Lender L/C Issuer (1) the Letter of Credit to be amended, ; (2) the proposed date of amendment thereof (which shall be a Business Day), ; (3) the nature of the proposed amendment amendment; and (4) such other matters as L/C Issuer may require. Additionally, the Issuing Lender Borrower Representative shall furnish to L/C Issuer and Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as L/C Issuer or Administrative Agent may require.

Appears in 1 contract

Samples: Credit Agreement (Natural Gas Services Group Inc)

Procedures for Issuance and Amendment of Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower delivered to the Issuing Lender L/C Issuer (with a copy to the Administrative Agent) in the form of a Letter of Credit Application, appropriately completed and signed by a Authorized Responsible Officer of the Borrower, which Letter of Credit Application shall specify, among other things, whether such Letter of Credit is to be denominated in Dollars, yen, pounds sterling, Australian dollars, euros or other freely transferable currencies satisfactory to each of the Revolving Credit Lenders in their sole discretion and in the absence of such specification shall be deemed to be a request for a Letter of Credit denominated in Dollars. The Such Letter of Credit Application must be received by the Issuing Lender L/C Issuer and the Administrative Agent not later than 11:00 a.m. 1:00 p.m. at least two three Business Days (or such later date and time as the Issuing Lender L/C Issuer may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as applicablethe case may be. In the case of a request for an initial issuance of a Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing LenderL/C Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day), ; (B) the amount thereof, ; (C) the expiry date thereof, ; (D) the name and address of the beneficiary thereof, ; (E) the documents to be presented by such beneficiary in case of any drawing thereunder, ; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder thereunder; and (G) such other matters as the Issuing Lender L/C Issuer may reasonably require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit Application shall specify in form and detail reasonably satisfactory to the Issuing Lender L/C Issuer (1A) the Letter of Credit to be amended, ; (2B) the proposed date of amendment thereof (which shall be a Business Day), ; (3C) the nature of the proposed amendment amendment; and (4D) such other matters as the Issuing Lender L/C Issuer may reasonably require.

Appears in 1 contract

Samples: Credit Agreement (Advanced Medical Optics Inc)

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Procedures for Issuance and Amendment of Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower delivered to the Issuing Lender L/C Issuer (with a copy to the Administrative Agent) in the form of a Letter of Credit Application, appropriately completed and signed by a Authorized Officer of the BorrowerResponsible Officer. The Such Letter of Credit Application must be received by the Issuing Lender L/C Issuer and the Administrative Agent not later than 11:00 a.m. at least two Business Days (or such later date and time as the Issuing Lender Administrative Agent and the L/C Issuer may agree in a particular instance in its their sole discretion) prior to the proposed issuance date or date of amendment, as applicablethe case may be. In the case of a request for an initial issuance of a Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing LenderL/C Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day), ; (B) the amount thereof, ; (C) the expiry date thereof, ; (D) the name and address of the beneficiary thereof, ; (E) the documents to be presented by such beneficiary in case of any drawing thereunder, ; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder thereunder; and (G) such other matters as the Issuing Lender L/C Issuer may require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing Lender L/C Issuer (1A) the Letter of Credit to be amended, ; (2B) the proposed date of amendment thereof (which shall be a Business Day), ; (3C) the nature of the proposed amendment amendment; and (4D) such other matters as the Issuing Lender L/C Issuer may require. Additionally, the Borrower shall furnish to the L/C Issuer and the Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as the L/C Issuer or the Administrative Agent may require.

Appears in 1 contract

Samples: Credit Agreement (Pactiv Corp)

Procedures for Issuance and Amendment of Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower delivered to the Issuing Lender (with a copy to the Administrative Agent) in the form of a Letter of Credit Application, appropriately completed and signed by a Authorized Responsible Officer of the Borrower. The Such Letter of Credit Application must be received by the Issuing Lender and the Administrative Agent not later than 11:00 a.m. at least two Business Days (or such later date and time as the Issuing Lender may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as applicablethe case may be. In the case of a request for an initial issuance of a Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing Lender: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day), ; (B) the amount thereof, ; (C) the expiry date thereof, ; (D) the name and address of the beneficiary thereof, ; (E) the documents to be presented by such beneficiary in case of any drawing thereunder, ; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder thereunder; and (G) such other matters as the Issuing Lender may require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing Lender (1A) the Letter of Credit to be amended, ; (2B) the proposed date of amendment thereof (which shall be a Business Day), ; (3C) the nature of the proposed amendment amendment; and (4D) such other matters as the Issuing Lender may require.

Appears in 1 contract

Samples: Credit Agreement (Tractor Supply Co /De/)

Procedures for Issuance and Amendment of Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower delivered to the Issuing Lender LC Issuer (with a copy to the Administrative Agent) in the form of a Letter of Credit printed LC Application, appropriately completed and signed by a Authorized Responsible Officer of the BorrowerBorrower or an electronic LC Application initiated by Borrower pursuant to LC Issuer's online electronic letter of credit application/request system. The Letter of Credit Such LC Application must be received by the Issuing Lender LC Issuer and the Administrative Agent not later than 11:00 a.m. (New York, New York time) at least two Business Days (or such later date and time as the Issuing Lender may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as applicablethe case may be, of any Letter of Credit; or such later date and time as Administrative Agent and LC Issuer may agree in a particular instance in their sole discretion. In the case of a request for an initial issuance of a Letter of Credit, such Letter of Credit LC Application shall specify in form and detail satisfactory to the Issuing LenderLC Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day), ; (B) the amount thereof, ; (C) the expiry date thereof, ; (D) the name and address of the beneficiary thereof, ; (E) the documents to be presented by such beneficiary in case of any drawing thereunder, ; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder thereunder; (G) any modification in respect of Rule 3.14 of the ISP, and (GH) such other matters as the Issuing Lender LC Issuer may reasonably require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit LC Application shall specify in form and detail satisfactory to the Issuing Lender LC Issuer (1A) the Letter of Credit to be amended, ; (2B) the proposed date of amendment thereof (which shall be a Business Day), ; (3C) the nature of the proposed amendment (including any modification in respect of Rule 3.14 of the ISP); and (4D) such other matters as the Issuing Lender LC Issuer may reasonably require. Additionally, Borrower shall furnish to LC Issuer and Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as LC Issuer or Administrative Agent may reasonably require.

Appears in 1 contract

Samples: Credit Agreement (Plains All American Pipeline Lp)

Procedures for Issuance and Amendment of Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower Borrowers delivered to the Issuing Lender an L/C Issuer (with a copy to the Administrative Agent at the Administrative Agent’s Office) in the form of a Letter of Credit Application, appropriately completed and signed by a Authorized Responsible Officer of the each Borrower. The Such Letter of Credit Application must be received by the Issuing Lender relevant L/C Issuer and the Administrative Agent not later than 11:00 a.m. 12:00 p.m. at least two (2) Business Days (or such later date and time as the Issuing Lender may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as applicablethe case may be; or, in each case, such later date and time as the relevant L/C Issuer may agree in a particular instance in its sole discretion. In the case of a request for an initial issuance of a Letter of Credit, such Letter of Credit Application shall specify in form and detail reasonably satisfactory to the Issuing Lenderrelevant L/C Issuer: (Aa) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day), ; (Bb) the amount thereof, ; (Cc) the expiry date thereofthereof and, where the requested Letter of Credit is to be automatically renewed on its expiry date, a statement to this effect and the duration of the terms for which the requested Letter of Credit is to be automatically renewed; (Dd) the name and address of the beneficiary thereof, ; (Ee) the documents to be presented by such beneficiary in case of any drawing thereunder, ; (Ff) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder thereunder; (g) the currency in which the request Letter of Credit will be denominated; and (Gh) such other matters as the Issuing Lender relevant L/C Issuer may requirereasonably request. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit Application shall specify in form and detail reasonably satisfactory to the Issuing Lender relevant L/C Issuer (1) the Letter of Credit to be amended, ; (2) the proposed date of amendment thereof (which shall be a Business Day), ; (3) the nature of the proposed amendment amendment; and (4) such other matters as the Issuing Lender relevant L/C Issuer may requirereasonably request.

Appears in 1 contract

Samples: Credit Agreement (UTAC Holdings Ltd.)

Procedures for Issuance and Amendment of Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower delivered to the Issuing Lender L/C Issuer (with a copy to the Administrative Agent) in the form of a Letter of Credit Application, appropriately completed and signed by a Authorized Responsible Officer of the Borrower. The Such Letter of Credit Application must be received by the Issuing Lender L/C Issuer and the Administrative Agent not later than 11:00 a.m. a.m., New York time, at least two (2) Business Days (or such later date and time as the Issuing Lender L/C Issuer may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as applicablethe case may be. In the case of a request for an initial issuance of a Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing LenderL/C Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day), ; (B) the amount and currency thereof, ; (C) the expiry date thereof, ; (D) the name and address of the beneficiary thereof, ; (E) the documents to be presented by such beneficiary in case of any drawing thereunder, ; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder thereunder; and (G) such other matters as the Issuing Lender L/C Issuer may require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing Lender L/C Issuer (1A) the Letter of Credit to be amended, ; (2B) the proposed date of amendment thereof (which shall be a Business Day), ; (3C) the nature of the proposed amendment amendment; and (4D) such other matters as L/C Issuer may require. Additionally, Borrower shall furnish to the Issuing Lender L/C Issuer and the Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as the L/C Issuer or the Administrative Agent may require.

Appears in 1 contract

Samples: Credit Agreement (Micros Systems Inc)

Procedures for Issuance and Amendment of Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower or any Co-Borrower delivered to the Issuing Lender (with a copy to the Administrative Agent) in the form of a Letter of Credit Application, appropriately completed and signed by a Authorized Officer Responsible Official of Borrower or the relevant Co-Borrower. Each Letter of Credit Application submitted by Borrower (or any Co-Borrower) shall be deemed to be a representation and warranty that the conditions specified in Section 8.3 have been satisfied on and as of the Borrowerdate of the issuance of the Letter of Credit requested thereby. The Such Letter of Credit Application must be received by the Issuing Lender and the Administrative Agent not later than 11:00 a.m. 1:00 p.m., Las Vegas time, at least two three Business Days (or such later date and time as the Issuing Lender may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as applicablethe case may be. In the case of a request for an initial issuance of a Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing Lender: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day), ; (B) the amount and currency thereof, ; (C) the expiry date thereof, ; (D) the name and address of the beneficiary thereof, ; (E) the documents to be presented by such beneficiary in case of any drawing thereunder, ; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder thereunder; and (G) such other matters as the Issuing Lender may require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing Lender (1W) the Letter of Credit to be amended, ; (2X) the proposed date of amendment thereof (which shall be a Business Day), ; (3Y) the nature of the proposed amendment amendment; and (4Z) such other matters as the Issuing Lender may require. Additionally, Borrower (or the applicable Co-Borrower) shall furnish to the Issuing Lender and the Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as the Issuing Lender or the Administrative Agent may reasonably require.

Appears in 1 contract

Samples: Loan Agreement (MGM Mirage)

Procedures for Issuance and Amendment of Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower delivered to the Issuing Lender Bank (with a copy to the Administrative Agent) in the form of a an Application and Agreement for Letter of Credit ApplicationCredit, appropriately completed and signed by a an Authorized Officer Representative of the Borrower. The Such Application and Agreement for Letter of Credit Application must be received by the Issuing Lender Bank and the Administrative Agent not later than 11:00 a.m. at least two Business Days (or such later date and time as the Issuing Lender Bank may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as applicablethe case may be. In the case of a request for an initial issuance of a Letter of Credit, such Application and Agreement for Letter of Credit Application shall specify in form and detail satisfactory to the Issuing LenderBank: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day), ; (B) the amount thereof, ; (C) the expiry date thereof, ; (D) the name and address of the beneficiary thereof, ; (E) the documents to be presented by such beneficiary in case of any drawing thereunder, ; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder thereunder; and (G) such other matters as the Issuing Lender Bank may require. In the case of a request for an amendment of any outstanding Letter of Credit, such Application and Agreement for Letter of Credit Application shall specify in form and detail satisfactory to the Issuing Lender Bank (1A) the Letter of Credit to be amended, ; (2B) the proposed date of amendment thereof (which shall be a Business Day), ; (3C) the nature of the proposed amendment amendment; and (4D) such other matters as the Issuing Lender Bank may require. Promptly after receipt of any Application and Agreement for Letter of Credit, the Issuing Bank will confirm with the Agent (by telephone or in writing) that the Agent has received a copy of such Application and Agreement for Letter of Credit from the Borrower and, if not, the Issuing Bank will provide the Agent with a copy thereof. Upon receipt by the Issuing Bank of confirmation from the Agent that the requested issuance or amendment is permitted in accordance with the terms hereof, then, subject to the terms and conditions hereof, the Issuing Bank shall, on the requested date, issue a Letter of Credit for the account of the Borrower or enter into the applicable amendment, as the case may be, in each case in accordance with the Issuing Bank's usual and customary business practices. Immediately upon the issuance of each Letter of Credit, each Revolving Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Issuing Bank a Participation in such Letter of Credit in an amount equal to the product of such Revolving Lender's Applicable Revolving Commitment Percentage times the amount of such Letter of Credit. Promptly after its delivery of any Letter of Credit or any amendment to a Letter of Credit to an advising bank with respect thereto or to the beneficiary thereof, the Issuing Bank will also deliver to the Borrower and the Agent a true and complete copy of such Letter of Credit or amendment.

Appears in 1 contract

Samples: Credit Agreement (Correctional Properties Trust)

Procedures for Issuance and Amendment of Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower delivered to the Issuing Lender (with a copy to the Administrative Agent) in the form of a Letter of Credit Application, appropriately completed and signed by a Authorized Responsible Officer of the Borrower. The Letter of Credit Such L/C Application must be received by the Issuing Lender and the Administrative Agent not later than 11:00 a.m. 12:00 noon, at least two Business Days (or such later date and time as the Issuing Lender may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as applicablethe case may be. In the case of a request for an initial issuance of a Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing Lender: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day), ; (B) the amount thereof, ; (C) the expiry date thereof, ; (D) the name and address of the beneficiary thereof, ; (E) the documents to be presented by such beneficiary in case of any drawing thereunder, ; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder thereunder; and (G) such other matters as the Issuing Lender may require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing Lender (1) the Letter of Credit to be amended, ; (2) the proposed date of amendment thereof (which shall be a Business Day), ; (3) the nature of the proposed amendment amendment; and (4) such other matters as the Issuing Lender may require. Additionally, the Borrower shall furnish to the Lender such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as the Lender may require.

Appears in 1 contract

Samples: Credit Agreement (Crocs, Inc.)

Procedures for Issuance and Amendment of Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower delivered to the an Issuing Lender Bank (with a copy to the Administrative Agent) in the form of a Letter of Credit Application, appropriately completed and signed by a Authorized Financial Officer of the BorrowerBorrower and, if requested by the applicable Issuing Bank, of the Subsidiary for whose account such Letter of Credit is to be issued or amended. The Such Letter of Credit Application must be received by the Issuing Lender Bank and the Administrative Agent not later than 11:00 a.m. a.m., New York City time, at least two Business Days (or such later date and time as the Administrative Agent and the Issuing Lender Bank may agree in a particular instance in its their sole discretion) prior to the proposed issuance date or date of amendment, as applicablethe case may be. In the case of a request for an initial issuance of a Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing LenderBank: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day), ; (B) the amount thereof, ; (C) the expiry date thereof, ; (D) the name and address of the beneficiary thereof, ; (E) the documents to be presented by such beneficiary in case of any drawing thereunder, ; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder thereunder; (G) the purpose and nature of the requested Letter of Credit; (H) the Person (whether the Borrower or a Subsidiary) for whose account such Letter of Credit is to be issued; and (GI) such other matters as the Issuing Lender Bank may require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing Lender Bank (1A) the Letter of Credit to be amended, ; (2B) the proposed date of amendment thereof (which shall be a Business Day), ; (3C) the nature of the proposed amendment amendment; and (4D) such other matters as the Issuing Lender Bank may require. Additionally, the Borrower shall furnish to the Issuing Bank and the Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as the Issuing Bank or the Administrative Agent may require.

Appears in 1 contract

Samples: Credit Agreement (Borgwarner Inc)

Procedures for Issuance and Amendment of Letters of Credit. (i1) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower or any Co-Borrower delivered to the Issuing Lender (with a copy to the Administrative Agent) in the form of a Letter of Credit Application, appropriately completed and signed by a Authorized Officer Responsible Official of Borrower or the relevant Co-Borrower. Each Letter of Credit Application submitted by the Borrower (or any Co-Borrower) shall be deemed to be a representation and warranty that the conditions specified in Section 8.3 have been satisfied on and as of the Borrowerdate of the issuance of the Letter of Credit requested thereby. The Such Letter of Credit Application must be received by the Issuing Lender and the Administrative Agent not later than 11:00 a.m. 1:00 p.m., Los Angeles time, at least two 3 Business Days (or such later date and time as the Issuing Lender may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as applicablethe case may be. In the case of a request for an initial issuance of a Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing Lender: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day), ; (B) the amount thereof, ; (C) the expiry date thereof, ; (D) the name and address of the beneficiary thereof, ; (E) the documents to be presented by such beneficiary in case of any drawing thereunder, ; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder thereunder; and (G) such other matters as the Issuing Lender may require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing Lender (1W) the Letter of Credit to be amended, ; (2X) the proposed date of amendment thereof (which shall be a Business Day), ; (3Y) the nature of the proposed amendment amendment; and (4Z) such other matters as the Issuing Lender may require.

Appears in 1 contract

Samples: Loan Agreement (MGM Mirage)

Procedures for Issuance and Amendment of Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower delivered to the Issuing Lender LC Issuer (with a copy to the Administrative Agent) in the form of a Letter of Credit Application, appropriately completed and signed by a Authorized Officer duly authorized executive officer of the Borrower. The Such Letter of Credit Application must be received by the Issuing Lender LC Issuer and the Administrative Agent not later than 11:00 a.m. a.m., Cleveland, Ohio time, at least two five Business Days (or such later date and time as the Issuing Lender may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as applicablethe case may be. In the case of a request for an initial issuance of a Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing LenderLC Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day), ; (B) the amount thereof, ; (C) the expiry date thereof, ; (D) the name and address of the beneficiary thereof, ; (E) the documents to be presented by such beneficiary in case of any drawing thereunder, ; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder thereunder; (G) the purpose and nature of the requested Letter of Credit; and (GH) such other matters as the Issuing Lender LC Issuer may require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing Lender LC Issuer (1A) the Letter of Credit to be amended, ; (2B) the proposed date of amendment thereof (which shall be a Business Day), ; (3C) the nature of the proposed amendment amendment; and (4D) such other matters as the Issuing Lender LC Issuer may reasonably require. Additionally, the Borrower shall furnish to LC Issuer and the Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as the LC Issuer or the Administrative Agent may reasonably require.

Appears in 1 contract

Samples: Loan Agreement (Health Care Reit Inc /De/)

Procedures for Issuance and Amendment of Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower any Borrower, delivered to the Issuing Lender LC Issuer (with a copy to the Administrative Agent) in the form of a Letter of Credit Application, appropriately completed and signed by a Authorized Responsible Officer of the such Borrower. The Such Letter of Credit Application must be received by the Issuing Lender LC Issuer and the Administrative Agent not later than 11:00 10:00 a.m. at least two three Business Days (or such later date and time as the Issuing Lender Administrative Agent and the LC Issuer may agree in a particular instance in its sole discretiontheir Sole Discretion) prior to the proposed issuance date or date of amendment, as applicablethe case may be. In the case of a request for an initial issuance of a Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing LenderLC Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day), ; (B) the amount thereof, ; (C) the expiry date thereof, ; (D) the name and address of the beneficiary thereof, (E) ; the documents to be presented by such beneficiary in case of any drawing thereunder, ; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder thereunder; (G) the purpose and nature of the requested Letter of Credit; and (GH) such other matters as the Issuing Lender LC Issuer may require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing Lender LC Issuer (1) the Letter of Credit to be amended, ; (2) the proposed date of amendment thereof (which shall be a Business Day), ; (3) the nature of the proposed amendment amendment; and (4) such other matters as the Issuing Lender LC Issuer may require. Additionally, each Borrower shall furnish to the LC Issuer and the Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as the LC Issuer or the Administrative Agent may require.

Appears in 1 contract

Samples: Credit Agreement (Alon USA Energy, Inc.)

Procedures for Issuance and Amendment of Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the applicable Borrower (or Holdings on behalf of such Borrower) delivered to the Issuing Lender L/C Issuer (with a copy to the Administrative Agent) in the form of a Letter of Credit Application, appropriately completed and signed by a Authorized Responsible Officer of the such Borrower. The Such Letter of Credit Application must be received by the Issuing Lender L/C Issuer and the Administrative Agent (x) not later than 11:00 a.m. at least two Business Days (or such later date and time as the Issuing Lender may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as applicablethe case may be, of any Letter of Credit denominated in Dollars, and (y) not later than 11:00 a.m. at least two Business Days prior to the proposed issuance date or date of amendment, as the case may be, of any Letter of Credit denominated in a Foreign Currency; or in each case such later date and time as the Administrative Agent and the L/C Issuer may agree in a particular instance in their sole discretion. In the case of a request for an initial issuance of a Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing LenderL/C Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day), ; (B) the amount and currency thereof, ; (C) the expiry date thereof, ; (D) the name and address of the beneficiary thereof, ; (E) the documents to be presented by such beneficiary in case of any drawing thereunder, ; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder thereunder; and (G) such other matters as the Issuing Lender L/C Issuer may require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing Lender L/C Issuer (1) the Letter of Credit to be amended, ; (2) the proposed date of amendment thereof (which shall be a Business Day), ; (3) the nature of the proposed amendment amendment; and (4) such other matters as the Issuing Lender L/C Issuer may require. Additionally, the applicable Borrower shall furnish to the L/C Issuer and the Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as the L/C Issuer or the Administrative Agent may require.

Appears in 1 contract

Samples: Credit Agreement (Sothebys Holdings Inc)

Procedures for Issuance and Amendment of Letters of Credit. (i) Each Letter The Borrower shall notify the Issuing Bank of any Letters of Credit shall to be issued or amended, as the case may be, upon by the request of the Borrower delivered delivery to the Issuing Lender Bank (with a copy to the Administrative Agent) of a written request (which may be delivered by telecopier or electronic transmission), substantially in the form of Exhibit C, or such other form as may be approved by the Issuing Bank, for the issuance of a Letter of Credit Applicationin the form attached as Exhibit B, appropriately completed or such other form as may be reasonably acceptable to the Issuing Bank and the Borrower (each, a “Request for Issuance”), signed by a an Authorized Officer of the BorrowerApplicant(s). The Letter of Credit Application Such Request for Issuance must be received delivered by the Borrower to the Issuing Lender Bank and the Administrative Agent not reasonably in advance of the requested Issuance Date and in no event later than 11:00 a.m. at least two 12:00 noon (New York time) on the second Business Days Day prior to the applicable Issuance Date (or such later date and shorter time as the Issuing Lender Bank may agree in a particular instance in its sole discretion) ). In the case of the initial Letter of Credit to be issued, the Borrower may submit the Request for Issuance up to two Business Days prior to the proposed issuance Effective Date as if this Agreement had been effective on the date or date of amendment, as applicablethe Borrower submitted such Request for Issuance. In the case of a request for an initial issuance of a Letter of Credit, such Letter of Credit Application Request for Issuance shall specify specify, in form and detail reasonably satisfactory to the Issuing LenderBank: (A1) the proposed issuance date Issuance Date of the requested Letter of Credit; (2) the face amount thereof; (3) the expiration date of such Letter of Credit (which shall be a Business Daynot exceed the expiration date contemplated in Section 2.01(a)(iii)(4), ; (B4) the amount thereofdocuments, (C) the expiry date thereofif any, (D) the name and address of the beneficiary thereof, (E) the documents to be presented by such beneficiary the Beneficiary in case of any drawing thereunder, ; (F5) the full text of any certificate to be presented by such beneficiary the Beneficiary in case of any drawing thereunder thereunder; and (G6) such other matters as the Issuing Lender Bank may reasonably require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit Application Request for Issuance shall specify or include, in form and detail reasonably satisfactory to the Issuing Lender Bank: (1w) the Letter of Credit to be amended, ; (2) the proposed date of amendment thereof (which shall be a Business Day), (3x) the nature of the proposed amendment; (y) the proposed Business Day on which such amendment would be effected, and (4z) such other matters as the Issuing Lender Bank may reasonably require. Additionally, the Applicant shall furnish to the Issuing Bank such other documents and information pertaining to such requested Letter of Credit issuance or amendment as the Issuing Bank may reasonably require.

Appears in 1 contract

Samples: Credit Agreement (Frontier Communications Corp)

Procedures for Issuance and Amendment of Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower or any Co-Borrower delivered to the relevant Issuing Lender (with a copy to the Administrative Agent) in the form of a Letter of Credit Application, appropriately completed and signed by a Authorized Officer Responsible Official of Borrower or the relevant Co-Borrower. Each Letter of Credit Application submitted by Borrower (or any Co-Borrower) shall be deemed to be a representation and warranty that the conditions specified in Section 8.3 have been satisfied on and as of the Borrowerdate of the issuance of the Letter of Credit requested thereby. The Such Letter of Credit Application must be received by the relevant Issuing Lender and the Administrative Agent not later than 11:00 a.m. 1:00 p.m., Las Vegas time, at least two three Business Days (or such later date and time as the relevant Issuing Lender may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as applicablethe case may be. In the case of a request for an initial issuance of a Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the relevant Issuing Lender: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day), ; (B) the amount thereof, ; (C) the expiry date thereof, ; (D) the name and address of the beneficiary thereof, ; (E) the documents to be presented by such beneficiary in case of any drawing thereunder, ; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder thereunder; and (G) such other matters as the relevant Issuing Lender may require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the relevant Issuing Lender (1W) the Letter of Credit to be amended, ; (2X) the proposed date of amendment thereof (which shall be a Business Day), ; (3Y) the nature of the proposed amendment amendment; and (4Z) such other matters as the relevant Issuing Lender may require. Additionally, Borrower (or the applicable Co-Borrower) shall furnish to the relevant Issuing Lender and the Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as the relevant Issuing Lender or the Administrative Agent may reasonably require.

Appears in 1 contract

Samples: Loan Agreement (MGM Mirage)

Procedures for Issuance and Amendment of Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower requesting the issuance or amendment thereof delivered to the Issuing Lender L/C Issuer (with a copy to the Administrative Agent) in the form of a Letter of Credit Application, appropriately completed and signed by a Authorized Responsible Officer of the such Borrower. The Such Letter of Credit Application must be received by the Issuing Lender L/C Issuer and the Administrative Agent (A) not later than 11:00 a.m. at least two Business Days (or such later date and time as the Issuing Lender may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as applicablethe case may be, of any Letter of Credit denominated in Dollars, and (B) not later than 11:00 a.m. at least five Business Days prior to the proposed issuance date or date of amendment, as the case may be, of any Letter of Credit denominated in an Alternative Currency; or in each case such later date and time as the Administrative Agent and the L/C Issuer may agree in a particular instance in their sole discretion. In the case of a request for an initial issuance of a 30 Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing LenderL/C Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day), ; (B) the amount and currency thereof, ; (C) the expiry date thereof, ; (D) the name and address of the beneficiary thereof, ; (E) the documents to be presented by such beneficiary in case of any drawing thereunder, ; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder thereunder; and (G) such other matters as the Issuing Lender L/C Issuer may require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing Lender L/C Issuer (1A) the Letter of Credit to be amended, ; (2B) the proposed date of amendment thereof (which shall be a Business Day), ; (3C) the nature of the proposed amendment amendment; and (4D) such other matters as the Issuing Lender L/C Issuer may require. Additionally, such Borrower shall furnish to the L/C Issuer and the Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as the L/C Issuer or the Administrative Agent may require.

Appears in 1 contract

Samples: Credit Agreement (Egl Inc)

Procedures for Issuance and Amendment of Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower Company delivered to the Issuing Lender L/C Issuer (with a copy to the Administrative AgentAdministrator) in the form of a Letter of Credit Application, appropriately completed and signed by a Authorized Responsible Officer of the BorrowerCompany. The Such Letter of Credit Application must be received by the Issuing Lender L/C Issuer and the Administrative Agent Administrator not later than 11:00 a.m. at least two Business Days (or such later date and time as the Issuing Lender Administrator and the L/C Issuer may agree in a particular instance in its their sole discretion) prior to the proposed issuance date or date of amendment, as applicablethe case may be. In the case of a request for an initial issuance of a Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing LenderL/C Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day), ; (B) the amount and currency thereof, ; (C) the expiry date thereof, ; (D) the name and address of the beneficiary thereof, ; (E) the documents to be presented by such beneficiary in case of any drawing thereunder, ; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder thereunder; (G) the purpose and nature of the requested Letter of Credit; and (GH) such other matters as the Issuing Lender L/C Issuer may require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing Lender L/C Issuer (1A) the Letter of Credit to be amended, ; (2B) the proposed date of amendment thereof (which shall be a Business Day), ; (3C) the nature of the proposed amendment amendment; and (4D) such other matters as the Issuing Lender L/C Issuer may reasonably require. Additionally, the Company shall furnish to the L/C Issuer and the Administrator such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as the L/C Issuer or the Administrator may reasonably require.

Appears in 1 contract

Samples: Revolving Credit Agreement (Kaman Corp)

Procedures for Issuance and Amendment of Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower delivered to the Issuing Lender (with a copy to the Administrative Agent) L/C Issuer in the form of a Letter of Credit Application, appropriately completed and and, when the CEO is not used, signed by a Authorized Responsible Officer of the Borrower. The Such Letter of Credit Application must be received by the Issuing Lender and the Administrative Agent L/C Issuer not later than 11:00 a.m. 9:00 a.m., at least two (2) Business Days (or such later date and time as the Issuing Lender L/C Issuer may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as applicablethe case may be. In the case of a request for an initial issuance of a Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing LenderL/C Issuer: (A) the proposed issuance date of the requested Letter of Credit (which date shall be a Business Day), ; (B) the amount thereof, ; (C) the expiry date thereof, ; (D) the name and address of the beneficiary thereof, ; (E) the documents to be presented by such beneficiary in case of any drawing thereunder, ; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder thereunder; and (G) such other matters as the Issuing Lender L/C Issuer may require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing Lender L/C Issuer (1A) the Letter of Credit to be amended, ; (2B) the proposed date of amendment thereof (which date shall be a Business Day), ; (3C) the nature of the proposed amendment amendment; and (4D) such other matters as the Issuing Lender L/C Issuer may require. Borrower acknowledges that Lender and/or L/C Issuer are permitting Letter of Credit Applications to be submitted through the use of the CEO at Borrower’s request and Lender and/or L/C Issuer shall have no liability in acting upon a CEO request that it believes has been made by an authorized Person.

Appears in 1 contract

Samples: Credit Agreement (Coldwater Creek Inc)

Procedures for Issuance and Amendment of Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower delivered to the LC Issuing Lender (with a copy to the Administrative Agent) in the form of a Letter of Credit LC Application, appropriately completed and signed by a Authorized Senior Officer of the Borrower. The Letter of Credit Such LC Application may be sent by facsimile, by United States mail, by overnight courier, by electronic transmission using the system provided by the LC Issuing Lender, by personal delivery or by any other means acceptable to the LC Issuing Lender. Such LC Application must be received by the LC Issuing Lender and the Administrative Agent not later than 11:00 a.m. at least two Business Days (or such later date and time as the Administrative Agent and the LC Issuing Lender may agree in a particular instance in its their sole discretion) prior to the proposed issuance date or date of amendment, as applicablethe case may be. In the case of a request for an initial issuance of a Letter of Credit, such Letter of Credit LC Application shall specify specify, in form and detail a manner satisfactory to the LC Issuing Lender: , the details required by the LC Issuing Lender, including (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day), (B) the amount thereof, (C) the expiry date thereof, (D) the name and address of the beneficiary thereof, (E) the documents to be presented by such beneficiary in case of any drawing thereunder, (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder and (G) such other matters as the Issuing Lender may requirepurpose and nature of the requested Letter of Credit. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit LC Application shall specify 90731114_8 specify, in form and detail a manner satisfactory to the LC Issuing Lender Lender, the details required by the LC Issuing Lender, including (1A) the Letter of Credit to be amended, (2B) the proposed date of amendment thereof (which shall be a Business Day), ) and (3C) the nature of the proposed amendment amendment. Additionally, the Borrower shall furnish to the LC Issuing Lender and (4) the Administrative Agent such other matters documents and information pertaining to such requested Letter of Credit issuance or amendment, including any LC Issuer Documents, as the LC Issuing Lender or the Administrative Agent may require.

Appears in 1 contract

Samples: Credit Agreement (Nobilis Health Corp.)

Procedures for Issuance and Amendment of Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower delivered to the Issuing Lender (with a copy to the Administrative Agent) in the form of a Letter of Credit Application, appropriately completed and signed by a two Authorized Officer of the BorrowerSignatories. The Such Letter of Credit Application must be received by the Issuing Lender and the Administrative Agent not later than 11:00 a.m. 3:00 p.m., at least two Business Days (or such later date and time as the Issuing Lender may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as applicablethe case may be. In the case of a request for an initial issuance of a Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing Lender: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day), ; (B) the amount thereof, ; (C) the expiry date thereof, ; (D) the name and address of the beneficiary thereof, ; (E) the documents to be presented by such beneficiary in case of any drawing thereunder, ; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder thereunder; and (G) such other matters as the Issuing Lender may require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the Issuing Lender (1A) the Letter of Credit to be amended, ; (2B) the proposed date of amendment thereof (which shall be a Business Day), ; (3C) the nature of the proposed amendment amendment; and (4D) such other matters as the Issuing Lender may require. Additionally, the Borrower shall furnish to the Lender such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as the Lender may require.

Appears in 1 contract

Samples: Credit Agreement (Qad Inc)

Procedures for Issuance and Amendment of Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the a Borrower Party delivered to the Issuing Lender Letter of Credit Issuer selected by such Borrower Party with respect to such Letter of Credit (with a copy to the Administrative Agent) in the form of a Letter of Request for Credit ApplicationExtension, together with a Borrowing Base Certificate, each appropriately completed and signed by a Authorized Responsible Officer of such Borrower Party. Such Request for Credit Extension may be sent by fax, by United States mail, by overnight courier, by electronic transmission using the Borrower. The system provided by the Letter of Credit Application Issuer, by personal delivery or by any other means acceptable to the Letter of Credit Issuer. Such Request for Credit Extension must be received by the Issuing Lender Letter of Credit Issuer and the Administrative Agent not later than 11:00 a.m. at least two three (3) Business Days (or such later date and time as the Issuing Lender may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as applicablethe case may be, of any Letter of Credit (or such later date and time as Administrative Agent and the Letter of Credit Issuer may agree in a particular instance in their sole discretion). In the case of a request for an initial issuance of a Letter of Credit, such Letter of Request for Credit Application Extension shall specify in form and detail satisfactory to the Issuing LenderLetter of Credit Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day), ; (B) the amount thereof, ; (C) the expiry date thereof, ; (D) the name and address of the beneficiary thereof, ; (E) the documents to be presented by such beneficiary in case of any drawing thereunder, ; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder thereunder; and (G) such other matters as the Issuing Lender Letter of Credit Issuer may reasonably require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of the related Request for Credit Application Extension shall specify in form and detail satisfactory to the Issuing Lender Letter of Credit Issuer: (1) the Letter of Credit to be amended, ; (2) the proposed date of amendment thereof (which shall be a Business Day), (3) the nature of the proposed amendment and (4) such other matters as the Issuing Lender may require.;

Appears in 1 contract

Samples: Revolving Credit Agreement (TCW Direct Lending LLC)

Procedures for Issuance and Amendment of Letters of Credit. (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower delivered to the Issuing Lender an L/C Issuer (with a copy to the Administrative Agent) in the form of a Letter of Credit Application, appropriately completed and signed by a Authorized Responsible Officer of the Borrower. The Such Letter of Credit Application must be received by the Issuing Lender an L/C Issuer and the Administrative Agent not later than 11:00 a.m. at least two five (5) Business Days (or such later date and time as the Issuing Lender such L/C Issuer may agree in a particular instance in its sole discretion) prior to the proposed issuance date or date of amendment, as applicablethe case may be. In the case of a request for an initial issuance of a Letter of Credit, such Letter of Credit Application shall specify in form and detail reasonably satisfactory to the Issuing Lendersuch L/C Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day), ; (B) the amount thereof, ; (C) the expiry date thereof, ; (D) the name and address of the beneficiary thereof, ; (E) the documents to be presented by such beneficiary in case of any drawing thereunder, ; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder thereunder; (G) the name and address of any Subsidiary that is an account party along with Borrower; and (GH) such other matters as the Issuing Lender such L/C LETTER OF CREDIT AND REIMBURSEMENT AGREEMENT 18 Issuer may reasonably require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit Application shall specify in form and detail reasonably satisfactory to the Issuing Lender applicable L/C Issuer: (1A) the Letter of Credit to be amended, ; (2B) the proposed date of amendment thereof (which shall be a Business Day), ; (3C) the nature of the proposed amendment amendment; and (4D) such other matters as the Issuing Lender such L/C Issuer may reasonably require.

Appears in 1 contract

Samples: And Reimbursement Agreement (Centex Corp)

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