Common use of Requests Regarding Renewals and Extensions of Renewable Letters of Credit Clause in Contracts

Requests Regarding Renewals and Extensions of Renewable Letters of Credit. The Borrower shall deliver to the Agent and the applicable Issuing Lender, not earlier than thirty (30) days, and not later than fourteen (14) days, before notice of non-renewal or non-extension is required under the Renewable Letters of Credit issued by such Issuing Lender, a written request for renewal or extension of each Renewable Letter of Credit which the Borrower desires to renew or extend. Such request shall specify the required date for notice by the Issuing Lender of non-renewal or non-extension under the Renewable Letters of Credit and include a certification by the Borrower that as of the date of such request, no Default or Event of Default shall have occurred and be continuing and all of the representations and warranties contained in this Agreement and the Collateral Documents are true and correct in all material respects, except as to representations and warranties contained in Section 5.09 and which expressly relate to an earlier date and for changes which are contemplated or permitted by this Agreement. No such request shall be made by the Borrower which would cause the expiry date of such Renewable Letter of Credit to extend beyond five Banking Days prior to the Revolving Credit Termination Date. For purposes of this Section 2.19(g), valid delivery by the Borrower of the required request shall be deemed to have occurred only upon actual receipt of such notice by the Agent and the Issuing Lender. If the Borrower fails to deliver such a notice within such period with respect to such Renewable Letter of Credit, the Issuing Lender of such Renewable Letter of Credit shall deliver appropriate notices of non-extension or non-renewal with respect to such Renewable Letter of Credit.

Appears in 5 contracts

Samples: Credit Agreement (Bally Total Fitness Holding Corp), Credit Agreement (Bally Total Fitness Holding Corp), Credit Agreement (Bally Total Fitness Holding Corp)

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Requests Regarding Renewals and Extensions of Renewable Letters of Credit. The Borrower shall deliver to the Revolving Credit Agent and the applicable Issuing Lender, not earlier than thirty (30) days, and not later than fourteen (14) days, before notice of non-renewal or non-extension is required under the Renewable Letters of Credit issued by such Issuing Lender, a written request for renewal or extension of each Renewable Letter of Credit which the Borrower desires to renew or extend. Such request shall specify the required date for notice by the Issuing Lender of non-renewal or non-extension under the Renewable Letters of Credit and include a certification by the Borrower that as of the date of such request, no Default or Event of Default shall have occurred and be continuing and all of the representations and warranties contained in this Agreement and the Collateral Documents are true and correct in all material respects, except as to representations and warranties contained in Section 5.09 and which expressly relate to an earlier date and for changes which are contemplated or permitted by this Agreement. No such request shall be made by the Borrower which would cause the expiry date of such Renewable Letter of Credit to extend beyond five Banking Days prior to the Revolving Credit Termination DateMarch 31, 2008. For purposes of this Section 2.19(g), valid delivery by the Borrower of the required request shall be deemed to have occurred only upon actual receipt of such notice by the Revolving Credit Agent and the Issuing Lender. If the Borrower fails to deliver such a notice within such period with respect to such Renewable Letter of Credit, the Issuing Lender of such Renewable Letter of Credit shall deliver appropriate notices of non-extension or non-renewal with respect to such Renewable Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Bally Total Fitness Holding Corp)

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Requests Regarding Renewals and Extensions of Renewable Letters of Credit. The Borrower shall deliver to the Agent and the applicable Issuing LenderBank, not earlier than thirty (30) days, and not later than fourteen (14) days, before notice of non-renewal or non-extension is required under the Renewable Letters of Credit issued by such Issuing LenderBank, a written request for renewal or extension of each Renewable Letter of Credit which the Borrower desires to renew or extend. Such request shall specify the required date for notice by the Issuing Lender Bank of non-renewal or non-extension under the Renewable Letters of Credit and include a certification by the Borrower that as of the date of such request, no Default or Event of Default shall have occurred and be continuing and all of the representations and warranties contained in this Agreement and the Collateral Documents are true and correct in all material respects, except as to representations and warranties contained in Section 5.09 and which expressly relate to an earlier date and for changes which are contemplated or permitted by this Agreement. No such request shall be made by the Borrower which would cause the expiry date of such Renewable Letter of Credit to extend beyond five Banking Days prior to the Revolving Credit Termination Date, except as otherwise provided under Sections 2.15(a)(ii)(C) and (b)(iii). For purposes of this Section 2.19(g2.15(g), valid delivery by the Borrower of the required request shall be deemed to have occurred only upon actual receipt of such notice by the Agent and the Issuing LenderBank. If the Borrower fails to deliver such a notice within such period with respect to such Renewable Letter of Credit, the Issuing Lender Bank of such Renewable Letter of Credit shall deliver appropriate notices of non-extension or non-renewal with respect to such Renewable Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Bally Total Fitness Holding Corp)

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