LCs. Any LC may be renewed, extended, amended, replaced, or canceled consistent with the terms of this agreement by writing executed by the Issuing Lender and Borrower that is first approved by Agent.
LCs. Administrative Agent is served with, or becomes subject to, a court order, injunction, or other process or decree restraining or seeking to restrain it from paying any amount under any LC and either (a) a drawing has occurred under the LC and Borrower has refused to reimburse Administrative Agent for payment or (b) the expiration date of the LC has occurred but the right of any beneficiary thereunder to draw under the LC has been extended past the expiration date in connection with the pendency of the related court action or proceeding and Borrower has failed to deposit with Administrative Agent cash collateral in an amount equal to Administrative Agent’s maximum exposure under the LC.
LCs. (a) Subject to the terms and conditions of this Agreement, the Borrower may from time to time request that the Lender issue one or more LCs for the Borrower’s account for any purpose acceptable to the Lender in its reasonable discretion; provided, however, that the Lender shall not issue any such LC if (i) such issuance would cause the LC Obligations to exceed $5,000,000.00 at the time of such issuance, (ii) the face amount of such LC exceeds the Revolving Loan Available Amount at the time of such issuance, or (iii) the proposed expiry date for the LC is on or after a date which is the earlier of (A) twelve (12) months after its date of issuance or (B) the Maturity Date.”
LCs. Agent is served with, or becomes subject to, a court order, injunction, or other process or decree restraining or seeking to restrain it from paying any amount under any LC and either (a) a drawing has occurred under the LC and Borrower has refused to reimburse Agent for payment or (b) the expiration date of the LC has occurred but the right of any beneficiary thereunder to draw under the LC has been extended past the expiration date in connection with the pendency of the related court action or proceeding and Borrower has failed to deposit with Agent cash collateral in an amount equal to Agent's maximum exposure under the LC.
LCs. LC Issuer shall have been served with, or becomes otherwise subject to, a court order, injunction, or other process or decree restraining or seeking to restrain it from paying any drafts under any LC and either (i) there has been a draft under such LC which LC Issuer would otherwise be obligated to pay and Borrower has refused to reimburse LC Issuer for such payment or (ii) the expiration date of such LC has occurred but the right of any beneficiary thereunder to draw under such LC has been extended past the expiration date in connection with the pendency of the related court action or proceeding and Borrower has failed to deposit with Administrative Agent cash collateral in an amount equal to the maximum drawing which could be made under such LC.
LCs. Agent is served with, or becomes subject to, a court order, injunction, or other process or decree restraining or seeking to restrain it from paying any amount under any LC and either (a) a drawing has occurred under the LC, and Borrower has refused to reimburse the Issuing Lender for payment or (b) the expiration date of the LC has occurred, but the Right of the beneficiary to draw under the LC has been extended past the expiration date in connection with the pendency of the related court action or proceeding, and Borrower has failed to deposit with Agent cash collateral in an amount equal to the Issuing Lender’s maximum exposure under the LC.
LCs. (a) Subject to the terms and conditions of this Agreement, the Borrower may from time to time request that the Agent issue or cause to be issued by an Affiliate of the Agent one or more LC's for the Borrower's account for any purpose acceptable to the Agent in its reasonable discretion (the Agent or its Affiliate thereby becoming the "Issuer"); provided however, that the Agent shall not issue or cause its Affiliate to issue any such LC if (i) such issuance would cause the LC Obligations to exceed $5,000,000 at the time of such issuance, (ii) the face amount of such LC exceeds the Available Amount at the time of such issuance, or (iii) the proposed expiry date for the LC is on or after a date which is the earlier of (A) twelve (12) months after its date of issuance or (B) the Revolving Maturity Date.
LCs. No LC shall be issued for the purpose of making an acquisition of Real Estate Investments or other assets in lieu of Cash or for other enhancement purposes.
LCs. (a) Subject to the terms and conditions of this Agreement, the Borrower may from time to time request that the Agent issue or cause to be issued by an Affiliate of the Agent one or more LC's for the Borrower's account for any proper business purpose as determined by the Agent in its reasonable discretion (the Agent or its Affiliate thereby becoming the "Issuer"); provided however, that except as provided in Section 2.2(b), the Agent shall not issue or cause its Affiliate to issue any such LC if (i) such issuance would cause the LC Obligations to exceed $20,000,000 at the time of such issuance, (ii) the face amount of such LC exceeds the Available Amount at the time of such issuance, or (iii) the proposed expiry date for the LC is on or after a date which is the earlier of (A) twelve (12) months after its date of issuance or (B) the Maturity Date.
LCs. The certificate of incorporation and bylaws of LCS in effect immediately prior to the Effective Time shall remain in full force and effect after the Effective Time; provided, however, that as of the Effective Time, LCS shall take all actions necessary to amend the certificate of incorporation of LCS in order to: (i) change the name of LCS to Conversion Services International, Inc., (ii) authorize an increase in the total number of shares of capital stock of LCS to one billion twenty million (1,020,000,000) shares; (iii) authorize an increase in the number of shares of Common Stock LCS is authorized to issue to one billion (1,000,000,000) (the AP-1A "Authorization Increase"); (iv) authorize the issuance of twenty million (20,000,000) shares of "blank check" preferred stock, par value $0.001 per share; (v) amend the provisions thereof regarding director liability on terms agreed to by the parties; and (vi) add a provision for director and officer indemnification on terms agreed to by the parties (all such amendments, collectively, the "Amended COI Matters")."
