Common use of The Letter of Credit Subfacility Clause in Contracts

The Letter of Credit Subfacility. (a) On the terms and conditions set forth herein (i) each Issuing Lender agrees, (A) from time to time on any Business Day during the period from the Effective Date to the Termination Date to issue Letters of Credit for the account of the Company, and to amend or renew Letters of Credit previously issued by it, in accordance with subsections 3.2(c) and 3.2(d), and (B) to honor properly drawn drafts under the Letters of Credit issued by it; and (ii) the U.S. Lenders severally agree to participate in Letters of Credit Issued for the account of the Company; provided that no Issuing Lender shall be obligated to Issue, and no U.S. Lender shall be obligated to participate in, any Letter of Credit if as of the date of Issuance of such Letter of Credit (the "Issuance Date") (1) the Total U.S. Outstandings exceed the Aggregate U.S. Commitment, (2) the Effective Amount of all L/C Obligations would exceed the L/C Commitment or (3) the participation of any U.S. Lender in the Effective Amount of all L/C Obligations plus the outstanding principal amount of the U.S. Loans of such U.S. Lender would exceed such U.S. Lender's U.S. Commitment. Within the foregoing limits, and subject to the other terms and conditions hereof, the Company's ability to obtain Letters of Credit shall be fully revolving, and, accordingly, the Company may, during the foregoing period, obtain Letters of Credit to replace Letters of Credit which have expired or which have been drawn upon and reimbursed.

The Letter of Credit Subfacility. (a) On the terms and conditions set forth herein (i) each the Issuing Lender Bank agrees, (A) from time to time on any Business Day Day, during the period from the Effective Closing Date to the date which is seven days prior to the scheduled Credit Termination Date Date, to issue Letters of Credit for the account of the Company, and to amend or renew Letters of Credit previously issued by it, in accordance with subsections 3.2(c3.02(c) and 3.2(d3.02(d), and (B) to honor properly drawn drafts under the outstanding Letters of Credit issued by itCredit; and (ii) the U.S. Lenders Banks severally agree to participate in Letters of Credit Issued for the account of the Company; provided that no the Issuing Lender Bank shall not be obligated to Issue, and no U.S. Lender Bank shall be obligated to participate in, any Letter of Credit if as of the date of Issuance of such Letter of Credit (the "“Issuance Date"”) and after giving effect thereto: (1A) the Total U.S. Outstandings exceed the Aggregate U.S. combined Commitments; (B) the participation of any Bank in the Effective Amount of all L/C Obligations and in all Swing Line Loans plus the outstanding principal amount of the Revolving Loans of such Bank would exceed such Bank’s Commitment, ; or (2C) the Effective Amount of all L/C Obligations would exceed the L/C Commitment or (3) the participation of any U.S. Lender in the Effective Amount of all L/C Obligations plus the outstanding principal amount of the U.S. Loans of such U.S. Lender would exceed such U.S. Lender's U.S. Commitment. Within the foregoing limits, and subject to the other terms and conditions hereof, the Company's ’s ability to obtain Letters of Credit shall be fully revolving, and, accordingly, the Company may, during the foregoing period, obtain Letters of Credit to replace Letters of Credit which have expired or which have been drawn upon and reimbursed.

The Letter of Credit Subfacility. (a) On the terms and conditions set forth herein (i) each the Issuing Lender Bank agrees, (A) from time to time on any Business Day during the period from the Effective Closing Date to the Revolving Termination Date to issue Letters of Credit for the account of the Company, and to amend or renew Letters of Credit previously issued by it, in accordance with subsections 3.2(c3.02(c) and 3.2(d3.02(d), and (B) to honor properly drawn drafts under the Letters of Credit issued by itCredit; and (ii) the U.S. Lenders Banks severally agree to participate in Letters of Credit Issued for the account of the Company; provided provided, that no the Issuing Lender Bank shall not be obligated to Issue, and no U.S. Lender Bank shall be obligated to participate in, any Letter of Credit if as of the date of Issuance of such Letter of Credit (the "Issuance Date") (1) the Total U.S. Outstandings exceed the Aggregate U.S. Commitment, (2) the Effective Amount of all L/C Obligations would exceed plus the L/C Commitment or Effective Amount of all Revolving Loans exceeds the combined Commitments, (32) the participation of any U.S. Lender Bank in the Effective Amount of all L/C Obligations plus the outstanding principal amount Effective Amount of the U.S. Revolving Loans of such U.S. Lender would exceed Bank exceeds such U.S. LenderBank's U.S. Commitment, or (3) the Effective Amount of L/C Obligations exceeds the L/C Commitment. Within the foregoing limits, and subject to the other terms and conditions hereof, the Company's ability to obtain Letters of Credit shall be fully revolving, and, accordingly, the Company may, during the foregoing period, obtain Letters of Credit to replace Letters of Credit which have expired or which have been drawn upon and reimbursed.

The Letter of Credit Subfacility. EXISTING LETTERS OF CREDIT. (a) On the terms and conditions set forth herein herein: (i) each the Issuing Lender agrees, (A) from time to time on any Business Day during the period from the Effective Date to the U.S. Revolving Termination Date to issue Letters of Credit for the account of the CompanyCompany (or jointly for the account of the Company and any Subsidiary), and to amend or renew Letters of Credit previously issued by it, in accordance with subsections SUBSECTIONS 3.2(c) and 3.2(d), and (Bb) to honor properly drawn drafts under the Letters of Credit issued by it; and (ii) the U.S. Lenders severally agree to participate in Letters of Credit Issued for the account of the Company; provided PROVIDED that no the Issuing Lender shall not be obligated to Issue, and no U.S. Lender shall be obligated to participate in, any Letter of Credit if as of the date of Issuance of such Letter of Credit (the "Issuance DateISSUANCE DATE") (1) the Total U.S. Revolving Outstandings exceed the Aggregate U.S. CommitmentRevolving Commitment Amount, (2) the Effective Amount of all L/C Obligations would exceed exceeds the amount of the L/C Commitment or (3) the sum of the participation of any U.S. Lender in the Effective Amount of all L/C Obligations plus and U.S. Swingline Loans PLUS the outstanding principal amount of the U.S. Revolving Loans of such U.S. Lender would exceed such U.S. Lender's U.S. Commitment. Within the foregoing limits, and subject to the other terms and conditions hereof, the Company's ability to obtain Letters of Credit shall be fully revolving, and, accordingly, the Company may, during the foregoing period, obtain Letters of Credit to replace Letters of Credit which have expired or which have been drawn upon and reimbursed.U.S.

The Letter of Credit Subfacility. (a) On the terms and conditions set forth herein (i) each the Issuing Lender Bank agrees, (A) from time to time on any Business Day during the period from the Effective Closing Date to to, but not including, the Revolving Termination Date to issue Letters of Credit denominated in Dollars or an Offshore L/C Currency for the account of the Company, and to amend or renew Letters of Credit previously issued by it, in accordance with subsections 3.2(c3.02(c) and 3.2(d3.02(d), and (B) to honor properly drawn drafts under the Letters of Credit issued by itCredit; and (ii) the U.S. Lenders Banks severally agree to participate in Letters of Credit Issued for the account of the Company; provided that no the Issuing Lender Bank shall not be obligated to Issue, and no U.S. Lender Bank shall be obligated to participate in, any Letter of Credit if as of the date of Issuance of such Letter of Credit (the "Issuance Date") ): (1) the Total U.S. Outstandings exceed the Aggregate U.S. Commitment, (2A) the Effective Amount of all L/C Obligations would exceed plus the L/C Commitment Effective Amount of all Loans exceeds the aggregate Commitments or (3B) the participation of any U.S. Lender Bank in the Effective Amount of all L/C Obligations plus the outstanding principal amount Effective Amount of the U.S. Loans of such U.S. Lender would exceed Bank exceeds such U.S. LenderBank's U.S. Commitment. Within the foregoing limits, and subject to the other terms and conditions hereof, the Company's ability to obtain Letters of Credit shall be fully revolving, and, accordingly, the Company may, during the foregoing period, obtain Letters of Credit to replace Letters of Credit which have expired or which have been drawn upon and reimbursed.

The Letter of Credit Subfacility. (a) On the terms and conditions set forth herein (i) each the Issuing Lender Bank agrees, (A) from time to time on any Business Day during the period from the Effective Closing Date to the Termination Date to issue Letters of Credit for the account of the Company, and to amend or renew Letters of Credit previously issued by it, in accordance with subsections 3.2(cSections 3.02(c) and 3.2(d3.02(d), and (B) to honor properly drawn drafts under the Letters of Credit issued by itCredit; and (ii) the U.S. Lenders severally agree to participate purchase an irrevocable and unconditional participation in Letters each Letter of Credit Issued for the account of the Company; provided provided, that no the Issuing Lender Bank shall not be obligated to Issue, and no U.S. Lender shall be obligated to participate in, any Letter of Credit if as of the date of Issuance of such Letter of Credit (the "Issuance Date") ), after giving effect to any requested Loans, (1i) the Total U.S. Outstandings Effective Amount of all Committed Loans, L/C Obligations, and Bid Loans shall exceed the Aggregate U.S. Commitment, or (2ii) the Effective Amount of all L/C Obligations would shall exceed the L/C Commitment or (3) the participation of any U.S. Lender in the Effective Amount of all L/C Obligations plus the outstanding principal amount of the U.S. Loans of such U.S. Lender would exceed such U.S. Lender's U.S. Commitment. Within the foregoing limits, and subject to the other terms and conditions hereof, the Company's ability to obtain Letters of Credit shall be fully revolving, and, accordingly, the Company may, during the foregoing period, obtain Letters of Credit to replace Letters of Credit which have expired or which have been drawn upon and reimbursed.

The Letter of Credit Subfacility. (a) On the terms and conditions set forth herein (i) each the Issuing Lender Bank agrees, (A) from time to time on any Business Day during the period from the Effective Closing Date to the Revolving Termination Date to issue Letters of Credit for the account of the Company, and to amend or renew Letters of Credit previously issued by it, in accordance with subsections 3.2(c3.02(c) and 3.2(d3.02(d), and (B) to honor properly drawn drafts under the Letters of Credit issued by itCredit; and (ii) the U.S. Lenders Banks severally agree to participate in Letters of Credit Issued for the account of the Company; provided that no the Issuing Lender Bank shall not be obligated to Issue, and no U.S. Lender Bank shall be obligated to participate in, any Letter of Credit if as of the date of Issuance Date of such Letter of Credit (the "Issuance Date") ): (1) the Total U.S. Outstandings exceed the Aggregate U.S. Commitment, (2) the Effective Amount of all L/C Obligations would exceed the L/C Commitment or (3) the participation of any U.S. Lender in the Effective Amount amount of all L/C Obligations plus the outstanding principal amount of all Revolving Loans exceeds the combined Commitments, (2) the participation of any Bank in the amount of all L/C Obligations plus the amount of the U.S. Revolving Loans of such U.S. Lender would exceed Bank exceeds such U.S. LenderBank's U.S. Commitment, (3) the amount of L/C Obligations in respect of Usance Letters of Credit plus the amount of Revolving Loans exceeds $15,000,000, or (4) the amount of L/C Obligations in respect of Standby Letters of Credit exceeds $8,000,000. Within the foregoing limits, and subject to the other terms and conditions hereof, the Company's ability to obtain Letters of Credit shall be fully revolving, and, accordingly, the Company may, during the foregoing period, obtain Letters of Credit to replace Letters of Credit which have expired or which have been drawn upon and reimbursed.

The Letter of Credit Subfacility. (a) On the terms and conditions set forth herein (i) each the Issuing Lender Bank agrees, (A) from time to time on any Business Day during the period from the Effective Closing Date to the Revolving Termination Date to issue Letters of Credit for the account of the Company, and to amend or renew Letters of Credit previously issued by it, in accordance with subsections 3.2(c) and 3.2(d), and (B) to honor properly drawn drafts under the Letters of Credit issued by itCredit; and (ii) the U.S. Lenders Banks severally agree to participate in Letters of Credit Issued for the account of the Company; provided that no the Issuing Lender Bank shall not be obligated to Issue, and no U.S. Lender Bank shall be obligated to participate in, any Letter of Credit if as of after giving effect to the date of Issuance of such Letter of Credit (the "Issuance Date") (1) the Total U.S. Outstandings Effective Amount of all L/C Obligations plus the Effective Amount of all Loans would exceed the Aggregate U.S. Commitmentcombined Commitments, or (2) the Effective Amount of all L/C Obligations would exceed the L/C Commitment or (3) the participation of any U.S. Lender in the Effective Amount of all L/C Obligations plus the outstanding principal amount of the U.S. Loans of such U.S. Lender would exceed such U.S. Lender's U.S. Commitment. Within the foregoing limits, and subject to the other terms and conditions hereof, the Company's ability to obtain Letters of Credit shall be fully revolving, and, accordingly, the Company may, during the foregoing period, obtain Letters of Credit to replace Letters of Credit which have expired or which have been drawn upon and reimbursed.