Common use of Commitment to Issue Letters of Credit Clause in Contracts

Commitment to Issue Letters of Credit. Subject to the terms and conditions hereof and the execution and delivery by the Borrower of a letter of credit application on the Agent's customary form (a "Letter of Credit Application"), the Agent on behalf of the Banks and in reliance upon the agreement of the Banks set forth in ss.4.1.4 and upon the representations and warranties of the Borrower contained herein, agrees, in its individual capacity, to issue, extend and renew for the account of the Borrower one or more standby or documentary letters of credit (individually, a "Letter of Credit"), in such form as may be requested from time to time by the Borrower and agreed to by the Agent; PROVIDED, HOWEVER, that, after giving effect to such request, (a) the sum of the aggregate Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not exceed $15,000,000 at any one time and (b) the sum of (i) the Maximum Drawing Amount on all Letters of Credit, (ii) all Unpaid Reimbursement Obligations, and (iii) the amount of all Loans outstanding (after giving effect to all amounts requested) shall not exceed the Total Commitment. As of the Closing Date, the Letter of Credit initially issued in the amount of $1,000,000 to New York State Urban Development Corporation for the account of the Borrower shall become a Letter of Credit under this Credit Agreement for all purposes, shall be issued for the account of the Borrower and shall cease to be a Letter of Credit under and as defined in the Original Credit Agreement, and the Exiting Lenders shall cease to have any further obligations with respect thereto.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Hadco Acquisition Corp Ii), Revolving Credit Agreement (Hadco Corp), Revolving Credit Agreement (Hadco Acquisition Corp Ii)

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Commitment to Issue Letters of Credit. Subject to the terms and conditions hereof and the execution and delivery by the Borrower of a letter of credit application on the AgentIssuing Lender's customary form (a "Letter of Credit ApplicationLETTER OF CREDIT APPLICATION"), the Agent Issuing Lender on behalf of the Banks Lenders and in reliance upon the agreement of the Banks Lenders set forth in ss.4.1.4 Section 4.1.4 and upon the representations and warranties of the Borrower contained herein, agrees, in its individual capacity, to issue, extend extend, amend and renew for the account of the Borrower one or more standby or documentary letters of credit (individually, a "Letter of LETTER OF Credit"), in such form as may be requested from time to time by the Borrower and agreed to by the AgentIssuing Lender; PROVIDED, HOWEVERhowever, that, after giving effect to such request, (a) with respect to all Letters of Credit, the sum of the aggregate Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not exceed $15,000,000 75,000,000 at any one time time, (b) with respect to standby Letters of Credit, the sum of the aggregate Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not exceed $30,000,000 at any one time, and (bc) the sum of (i) the Maximum Drawing Amount on all Letters of Credit, (ii) all Unpaid Reimbursement Obligations, and (iii) the amount of all Revolving Credit Loans (including Swing Line Loans) outstanding (after giving effect to all amounts requested) shall not exceed the Total CommitmentCommitment at such time. As of the Closing Date, the Letter letter of Credit credit number MS1257831 initially issued in the amount of $1,000,000 to New York State Urban Development Corporation 130,000 by Fleet for the account of the Borrower shall become a Letter of Credit under this Credit Agreement for all purposes, shall be issued for the account of the Borrower and shall cease to be a Letter of Credit under and as defined in the Original Credit Agreement, and the Exiting Lenders shall cease to have any further obligations with respect thereto.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Coach Inc), Revolving Credit Agreement (Coach Inc)

Commitment to Issue Letters of Credit. Subject to the terms and conditions hereof set forth in this Agreement, at any time and from time to time from the execution and delivery by Closing Date through the day that is one-hundred twenty (120) days prior to the Maturity Date, the Issuing Lender shall issue such Letters of Credit as the Borrower may request upon the delivery of a letter of credit application written request on the Agent's Fronting Bank’s customary form as part of a Completed Loan Request (a "Letter of Credit Application"), the Agent Fronting Bank on behalf of the Banks Lenders and in reliance upon the agreement of the Banks Lenders set forth in ss.4.1.4 §5.1.4 and upon the representations and warranties of the Borrower contained herein, agrees, in its individual capacity, to issue, extend and renew for the account of the Borrower one or more standby or documentary letters of credit (individually, a "Letter of Credit"), in such form as may be requested from time to time by the Borrower and agreed to by the AgentFronting Bank; PROVIDEDprovided, HOWEVERhowever, that, after giving effect to such requestCompleted Loan Request, (a) the sum of the aggregate Maximum Drawing Amount and plus all Unpaid Reimbursement Obligations (to the extent, if any, not yet deemed a Revolving Credit Loan pursuant to §5.3), shall not exceed $15,000,000 10,000,000 at any one time and (b) the sum of (i) the Maximum Drawing Amount on and, without double counting, all Letters of CreditReimbursement Obligations (to the extent, if any, not yet deemed a Revolving Credit Loan pursuant to §5.3) and (ii) all Unpaid Reimbursement Obligations, and (iii) the amount of all Loans outstanding shall not exceed the lesser of (x) the Total Commitment in effect at such time and (y) the Availability at such time. Each Letter of Credit Application shall be executed by an officer of Borrower. The Issuing Lender shall be entitled to conclusively rely on such Person’s authority to request a Letter of Credit on behalf of Borrower. The Issuing Lender shall have no duty to verify the authenticity of any signature appearing on a Letter of Credit Request. The Borrower assumes all risks with respect to the use of the Letters of Credit. Unless the Issuing Lender and the Required Lenders otherwise consent, the term of any Letter of Credit shall not exceed a period of time commencing on the issuance of the Letter of Credit and ending on the date which is sixty (60) days prior to the Maturity Date (but in any event the term shall not extend beyond the Maturity Date). The amount available to be drawn under any Letter of Credit shall reduce on a dollar-for-dollar basis the amount available to be drawn under the Total Commitment as a Loan. Each Letter of Credit Application shall be submitted to the Issuing Lender at least ten (10) Business Days (or such shorter period as the Issuing Lender may approve) prior to the date upon which the requested Letter of Credit is to be issued. Each such Letter of Credit Application shall contain (i) a statement as to the purpose for which such Letter of Credit shall be used (which purpose shall be in accordance with the terms of this Agreement), and (ii) a certification by the chief financial or chief accounting officer of Borrower that the Borrower is and will be in compliance with all covenants under the Loan Documents after giving effect to all amounts requested) the issuance of such Letter of Credit. The Borrower shall not exceed further deliver to the Total CommitmentIssuing Lender such additional applications and documents as the Issuing Lender may require, in conformity with the then standard practices of its letter of credit department, in connection with the issuance of such Letter of Credit; provided that in the event of any conflict, the terms of this Agreement shall control. As The Issuing Lender shall, if it approves of the Closing Date, content of the Letter of Credit initially issued request (which approval shall not be unreasonably withheld), and subject to the conditions set forth in this Agreement, issue the Letter of Credit on or before ten (10) Business Days following receipt of the documents last due pursuant to §2.10(b). Each Letter of Credit shall be in form and substance reasonably satisfactory to the Issuing Lender in its reasonable discretion. Upon issuance of a Letter of Credit, the Issuing Lender shall provide notice of the issuance of such Letter of Credit to the Lenders and shall provide a copy of such Letter of Credit to any Lender that requests a copy. Upon the issuance of a Letter of Credit, each Revolving Credit Lender shall be deemed to have purchased a participation therein from Issuing Lender in an amount equal to its respective Commitment Percentage of the amount of $1,000,000 such Letter of Credit. No Lender’s obligation to New York State Urban Development Corporation for the account of the Borrower shall become participate in a Letter of Credit under this Credit Agreement for all purposes, shall be issued for the account of the Borrower and shall cease affected by any other Lender’s failure to be a perform as required herein with respect to such Letter of Credit under and or any other Letter of Credit. The issuance of any supplement, modification, amendment, renewal or extension to or of any Letter of Credit shall be treated in all respects the same as defined in the Original Credit Agreement, and the Exiting Lenders shall cease to have any further obligations with respect theretoissuance of a new Letter of Credit.

Appears in 1 contract

Samples: Revolving Credit Agreement (First Potomac Realty Trust)

Commitment to Issue Letters of Credit. Subject to the terms and conditions hereof set forth in this Agreement, at any time and from time to time from the execution and delivery by Closing Date through the day that is one-hundred twenty (120) days prior to the Maturity Date, the Issuing Lender shall issue such Letters of Credit as the Borrower may request upon the delivery of a letter of credit application written request on the AgentFronting Bank's customary form as part of a Completed Loan Request (a "Letter of Credit Application"), the Agent Fronting Bank on behalf of the Banks Lenders and in reliance upon the agreement of the Banks Lenders set forth in ss.4.1.4 §5.1.4 and upon the representations and warranties of the Borrower contained herein, agrees, in its individual capacity, to issue, extend and renew for the account of the Borrower one or more standby or documentary letters of credit (individually, a "Letter of Credit"), in such form as may be requested from time to time by the Borrower and agreed to by the AgentFronting Bank; PROVIDEDprovided, HOWEVERhowever, that, after giving effect to such requestCompleted Loan Request, (a) the sum of the aggregate Maximum Drawing Amount and plus all Unpaid Reimbursement Obligations (to the extent, if any, not yet deemed a Revolving Credit Loan pursuant to §5.3), shall not exceed $15,000,000 5,000,000 at any one time and (b) the sum of (i) the Maximum Drawing Amount on and, without double counting, all Letters of CreditReimbursement Obligations (to the extent, if any, not yet deemed a Revolving Credit Loan pursuant to §5.3) and (ii) all Unpaid Reimbursement Obligations, and (iii) the amount of all Loans outstanding (after giving effect to all amounts requested) shall not exceed the lesser of (x) the Total CommitmentCommitment in effect at such time and (y) the Availability at such time. As of the Closing Date, the Each Letter of Credit initially issued in the amount of $1,000,000 to New York State Urban Development Corporation for the account of the Borrower shall become a Letter of Credit under this Credit Agreement for all purposes, Application shall be issued for the account executed by an officer of the Borrower and Borrower. The Issuing Lender shall cease be entitled to be a Letter of Credit under and as defined in the Original Credit Agreement, and the Exiting Lenders shall cease to have any further obligations with respect thereto.conclusively rely on such Person’s authority to

Appears in 1 contract

Samples: Revolving Credit Agreement (Hartman Commercial Properties Reit)

Commitment to Issue Letters of Credit. Subject to the terms and conditions hereof and the execution and delivery by the Borrower TransTechnology of a letter of credit application on the AgentIssuing Bank's customary form (a "Letter of Credit ApplicationLETTER OF CREDIT APPLICATION"), the Agent Issuing Bank on behalf of the Banks Lenders and in reliance upon the agreement of the Banks Lenders set forth in ss.4.1.4 Section 5.1.4 and upon the representations and warranties of the Borrower TransTechnology contained herein, agrees, in its individual capacity, to issue, extend and renew for the account of the Borrower TransTechnology one or more standby or documentary letters of credit (individually, a "Letter of CreditLETTER OF CREDIT"), in such form as may be requested from time to time by the Borrower TransTechnology and agreed to by the AgentIssuing Bank; PROVIDED, HOWEVER, that, after giving effect to such request, (a) the sum of the aggregate Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not exceed $15,000,000 5,000,000 at any one time time, and (b) the sum aggregate outstanding amount of (i) the Revolving Credit Loans, plus the Maximum Drawing Amount on all Letters of CreditAmount, (ii) PLUS all Unpaid Reimbursement Obligations, and (iii) PLUS the amount of all Loans outstanding (after giving effect to all amounts requested) International Facility Amount shall not exceed the Total Revolving Credit Commitment. As ; and PROVIDED FURTHER that, after the Issuing Bank shall have received notice in writing of the Closing Dateoccurrence of an Event of Default and until it has received written notice of the cure or waiver of such Event of Default, the Issuing Bank shall not be obliged to issue any such Letter of Credit initially issued in unless the amount of $1,000,000 to New York State Urban Development Corporation for the account of the Borrower shall become a Letter of Credit under this Credit Agreement for all purposes, shall be issued for the account of the Borrower and shall cease to be a Letter of Credit under and as defined in the Original Credit Agreement, and the Exiting Majority Lenders shall cease have consented to have any further obligations with respect theretosuch issuance in writing.

Appears in 1 contract

Samples: Credit Agreement (Transtechnology Corp)

Commitment to Issue Letters of Credit. Subject to the terms and conditions hereof and the execution and delivery by the Borrower of a letter of credit application on the Agent's Fronting Bank’s customary form as part of a Completed Loan Request (a "Letter of Credit Application"), the Agent Fronting Bank on behalf of the Banks and in reliance upon the agreement of the Banks set forth in ss.4.1.4 §3.1.4 and upon the representations and warranties of the Borrower contained herein, agrees, in its individual capacity, to issue, extend and renew for the account of the Borrower (or, so long as Borrower remains fully liable on the applicable Letter of Credit Application, for the account of a Wholly-Owned Subsidiary of Borrower or a Partially-Owned Entity) one or more standby or documentary letters of credit (individually, a "Letter of Credit"), in such form as may be requested from time to time by the Borrower and reasonably agreed to by the AgentFronting Bank; PROVIDEDprovided, HOWEVERhowever, that, after giving effect to such requestCompleted Loan Request, (a) the sum of the aggregate Maximum Drawing Amount and plus all Unpaid Reimbursement Obligations (to the extent, if any, not yet deemed a Revolving Credit Loan pursuant to §3.3), shall not exceed $15,000,000 200,000,000 at any one time and (b) the sum of (i) the Maximum Drawing Amount on and, without double counting, all Letters of CreditReimbursement Obligations (to the extent, if any, not yet deemed a Revolving Credit Loan pursuant to §3.3) and (ii) all Unpaid Reimbursement Obligations, and (iii) the amount of all Loans (including Swingline Loans and Bid Rate Loans) outstanding (after giving effect to all amounts requested) shall not exceed the Total CommitmentCommitment in effect at such time. As of It is acknowledged that the Closing Date, the Letter Existing Letters of Credit initially issued in the amount of $1,000,000 are to New York State Urban Development Corporation for the account of the Borrower shall become a Letter be treated as Letters of Credit under this Credit Agreement hereunder for all purposes, shall be issued for including, without limitation, with respect to the account Reimbursement Obligations of the Borrower under §3.2 and the funding obligations of the Banks under §3.3. As this Agreement constitutes an entire amendment and restatement of the Existing Credit Agreement, it is acknowledged and agreed that BOA shall not, and shall cease to be a Letter not have any obligation to, issue any further Letters of Credit under and as defined in the Original Existing Credit Agreement, and the Exiting Lenders shall cease to have any further obligations with respect thereto.

Appears in 1 contract

Samples: Revolving Credit Agreement (Boston Properties Inc)

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Commitment to Issue Letters of Credit. Subject to the terms and conditions hereof and the execution and delivery by the Borrower of a letter of credit application on the Administrative Agent's ’s customary form (a "Letter of Credit Application"), the Administrative Agent on behalf of the Banks Revolving Credit Lenders and in reliance upon the agreement of the Banks Revolving Credit Lenders set forth in ss.4.1.4 §5.1.4 and upon the representations and warranties of the Borrower contained herein, agrees, in its individual capacity, to issue, extend and renew for the account of the Borrower one or more standby or documentary letters of credit (individually, a "Letter of Credit"), in such form as may be requested from time to time by the Borrower and agreed to by the Administrative Agent; PROVIDEDprovided, HOWEVERhowever, that, after giving effect to such request, (a) the sum of the aggregate Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not exceed $15,000,000 100,000,000 at any one time and (b) the sum of (i) the Maximum Drawing Amount on all Letters of Credit, (ii) all Unpaid Reimbursement Obligations, and (iii) the amount of all Revolving Credit Loans outstanding (after giving effect to all amounts requested) shall not exceed the Total CommitmentRevolving Credit Commitment at such time. As of Notwithstanding the Closing Dateforegoing, the Administrative Agent shall have no obligation to issue any Letter of Credit initially issued in the amount to support or secure any Indebtedness of $1,000,000 to New York State Urban Development Corporation for the account an Excluded Subsidiary or any Indebtedness of the Borrower shall become a or any of its Subsidiaries to the extent that such Indebtedness was incurred prior to the proposed issuance date of such Letter of Credit under this Credit Agreement for all purposes, shall be issued for the account of the Borrower and shall cease to be a Letter of Credit under and as defined in the Original Credit Agreement, and the Exiting Lenders shall cease to have any further obligations with respect theretoCredit.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Emmis Operating Co)

Commitment to Issue Letters of Credit. Subject to the terms and conditions hereof and the execution and delivery by the Borrower of a letter of credit application on the Administrative Agent's customary form (a "Letter of Credit Application"), the Administrative Agent on behalf of the Banks and in reliance upon the agreement of the Banks set forth in ss.4.1.4 Section 5.1.4 and upon the representations and warranties of the Borrower contained herein, agrees, in its individual capacity, to issue, extend and renew for the account of the Borrower one or more standby or documentary letters of credit (individually, a "Letter of Credit"), in such form as may be requested from time to time by the Borrower and agreed to by the Administrative Agent; PROVIDEDprovided, HOWEVERhowever, that, after giving effect to such request, (a) the sum of the aggregate Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not exceed $15,000,000 at any one time and (b) the sum of (i) the Maximum Drawing Amount on all Letters of Credit, (ii) all Unpaid Reimbursement Obligations, and (iii) the amount of all Revolving Credit Loans outstanding (after giving effect to all amounts requested) shall not exceed the Total Commitment. As of the Closing Date, the Any Letter of Credit initially issued in the amount of $1,000,000 to New York State Urban Development Corporation for the account of requested by the Borrower hereunder shall become not be required to be issued by the Administrative Agent earlier than (x) three Business Days after its receipt of a Letter of Credit under this Application therefor in the case of Letters of Credit Agreement for all purposes, shall be issued for the account in support of the Borrower and shall cease to be Pollution Control Revenue Bonds or (y) one Business Day after its receipt of a Letter of Credit under and as defined Application therefor in the Original case of Letters of Credit Agreementissued in connection with fuel hedge contracts, and the Exiting Lenders shall cease to have any further obligations with respect all such other certificates, documents and other papers and information relating thereto.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Bangor Hydro Electric Co)

Commitment to Issue Letters of Credit. Subject to the terms and conditions hereof and the execution and delivery by the Borrower Borrowers of a letter of credit application on the AgentIssuing Bank's customary form (a "Letter of Credit Application"), the Agent Issuing Bank on behalf of the Banks Revolving Credit Lenders and in reliance upon the agreement of the Banks such Lenders set forth in ss.4.1.4 Section 5.1.4 and upon the representations and warranties of the Borrower Borrowers contained herein, agrees, in its individual capacity, agrees to issue, extend and renew for the account of the Borrower Borrowers one or more standby or documentary letters of credit (each individually, a "Letter of Credit"), in such form as may be requested from time to time by one of the Borrower Borrowers and agreed to by the AgentIssuing Bank; PROVIDEDand the Administrative Agent (if different than the Issuing Bank) shall, HOWEVERon behalf of the Revolving Credit Lenders and in reliance upon the agreement of such Lenders set forth in Section 5.1.4 and upon the representations and warranties of the Borrowers contained herein, thatagrees to enter into an LC Guaranty to support the Reimbursement Obligations of the Borrowers with respect to Letters of Credit requested by a Borrower (an "LC Guaranty"); provided, however, that after giving effect to such request, (ai) the sum of the aggregate Maximum Drawing Amount on all Letters of Credit and all Unpaid Reimbursement Obligations shall not exceed $15,000,000 50,000,000 at any one time and (bii) the sum of (i) the Maximum Drawing Amount on all Letters of Credit, (ii) all Unpaid Reimbursement Obligations, and (iii) the amount of all Loans outstanding (after giving effect to all amounts requested) Revolving Exposure shall not exceed the Total Commitment. As of the Closing Date, the Letter of Revolving Credit initially issued in the amount of $1,000,000 to New York State Urban Development Corporation for the account of the Borrower shall become a Letter of Credit under this Credit Agreement for all purposes, shall be issued for the account of the Borrower and shall cease to be a Letter of Credit under and as defined in the Original Credit Agreement, and the Exiting Lenders shall cease to have any further obligations with respect theretoLimit at such time.

Appears in 1 contract

Samples: Credit and Term Loan Agreement (Chartermac)

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