Common use of Amounts; Outside Expiration Date Clause in Contracts

Amounts; Outside Expiration Date. A Letter of Credit Issuer shall not issue or cause to be issued any Letter of Credit if: (i) (x) in the case of a U.S. Letter of Credit, the maximum available Dollar Equivalent amount of the requested U.S. Letter of Credit is greater than the Unused U.S. Letter of Credit Subfacility at such time and (y) in the case of a Canadian Letter of Credit, the maximum available Dollar Equivalent amount of the requested Canadian Letter of Credit is greater than the Unused Canadian Letter of Credit Subfacility at such time; (ii) after giving effect to the maximum available Dollar Equivalent amount of the requested Letter of Credit and all commissions, fees, and charges due from the requesting Borrower in connection with the opening thereof (to the extent such commissions, fees and charges are not paid in cash prior to or at the time of the opening thereof) the Availability Conditions would not be satisfied; (iii) such Letter of Credit has an expiration date on or after the Letter of Credit Maturity Date or more than 12 months from the date of issuance; for the avoidance of doubt, this provision does not apply to any “evergreen” or automatic renewal provision; (iv) such Letter of Credit will have an expiration date on or before the Revolving Maturity Date, unless such Letter of Credit has been cash collateralized or backstopped on terms reasonably acceptable to the applicable Letter of Credit Issuer (in which case, any participations of any U.S. Revolving Credit Lender or Canadian Revolving Lender, as applicable, in undrawn Letters of Credit shall expire on the Revolving Maturity Date: or (v) in the case of a Letter of Credit to be issued by Bank of America (including through its Canadian branch), such Letter of Credit, when aggregated with the Dollar Equivalent amount of all other outstanding Letters of Credit issued by Bank of America (including through its Canadian branch) to exceed the Bank of America LC Sublimit. With respect to any Letter of Credit which contains any “evergreen” or automatic renewal provision, each applicable Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the applicable Administrative Agent written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew such Letter of Credit. If all of the requirements of this Section 2.4 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.

Amounts; Outside Expiration Date. A Letter of Credit Issuer The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit or to provide Credit Support for any Letter of Credit at any time if: (i) (x) in the case of a U.S. Letter of Credit, the maximum available Dollar Equivalent amount of the requested U.S. Letter of Credit is greater than the Unused U.S. Letter of Credit Subfacility at such time and (y) in the case of a Canadian Letter of Credit, the maximum available Dollar Equivalent amount of the requested Canadian Letter of Credit is greater than the Unused Canadian Letter of Credit Subfacility at such time; (ii) after giving effect to the maximum available Dollar Equivalent amount of the requested Letter of Credit and all commissions, fees, and charges due from the requesting Borrower in connection with the opening thereof (to the extent such commissions, fees and charges are not paid in cash prior to or at the time of the opening thereof) the would exceed Availability Conditions would not be satisfiedof such Borrower at such time; or (iii) such Letter of Credit has an expiration date on or after the Letter of Credit Maturity Stated Termination Date or more than 12 months from the date of issuance; for the avoidance of doubt, this provision does not apply to any “evergreen” or automatic renewal provision; (iv) such Letter of Credit will have an expiration date on or before the Revolving Maturity Date, unless such Letter of Credit has been cash collateralized or backstopped on terms reasonably acceptable to the applicable Letter of Credit Issuer (in which case, any participations of any U.S. Revolving Credit Lender or Canadian Revolving Lender, as applicable, in undrawn Letters of Credit shall expire on the Revolving Maturity Date: or (v) in the case of a Letter of Credit to be issued by Bank of America (including through its Canadian branch), such Letter of Credit, when aggregated with the Dollar Equivalent amount of all other outstanding Letters of Credit issued by Bank of America (including through its Canadian branch) to exceed the Bank of America LC Sublimit. With respect to any Letter of Credit which contains any “"evergreen” " or automatic renewal provision, each applicable Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the applicable Administrative Agent written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew such Letter of Credit. If all of the requirements of this Section 2.4 1.3 are met and no Default or Event of Default has occurred and is continuing, no applicable Lender shall decline to consent to any such extension or renewal.

Amounts; Outside Expiration Date. A Letter of Credit Issuer shall not issue or cause to be issued any Letter of Credit if: (i) (x) in the case of a U.S. Letter of Credit, the maximum available Dollar Equivalent amount of the requested U.S. Letter of Credit is greater than the Unused U.S. Letter of Credit Subfacility at such time and (y) in the case of a Canadian Letter of Credit, the maximum available Dollar Equivalent amount of the requested Canadian Letter of Credit is greater than the Unused Canadian Letter of Credit Subfacility at such time; (ii) after giving effect to the maximum available Dollar Equivalent amount of the requested Letter of Credit and all commissions, fees, and charges due from the requesting Borrower in connection with the opening thereof (to the extent such commissions, fees and charges are not paid in cash prior to or at the time of the opening thereof) the Availability Conditions would not be satisfied; or (iii) such Letter of Credit has an expiration date on or after the Letter of Credit Maturity Date or more than 12 months from the date of issuance; for the avoidance of doubt, this provision does not apply to any “evergreen” or automatic renewal provision; (iv) such Letter of Credit will have an expiration date on or before the Revolving Maturity Date, unless such Letter of Credit has been cash collateralized or backstopped on terms reasonably acceptable to the applicable Letter of Credit Issuer (in which case, any participations of any U.S. Revolving Credit Lender or Canadian Revolving Lender, as applicable, in undrawn Letters of Credit shall expire on the Revolving Maturity Date: or (v) in the case of a Letter of Credit to be issued by Bank of America (including through its Canadian branch), such Letter of Credit, when aggregated with the Dollar Equivalent amount of all other outstanding Letters of Credit issued by Bank of America (including through its Canadian branch) to exceed the Bank of America LC Sublimit. With respect to any Letter of Credit which contains any “evergreen” or automatic renewal provision, each applicable Lender shall be deemed to have consented to any such extension or renewal unless any such Lender shall have provided to the applicable Administrative Agent written notice that it declines to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to decline to extend or renew such Letter of Credit. If all of the requirements of this Section 2.4 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.

Amounts; Outside Expiration Date. A Letter of Credit Issuer The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit if: at any time if (i) (x) in the case of a U.S. Letter of Credit, the maximum available Dollar Equivalent aggregate amount of the requested U.S. Letter of Credit for the term of such U.S. Letter of Credit (including any increases in amount referenced therein) is greater than the Unused U.S. Letter of Credit Subfacility at such time and (y) in the case of a Canadian Letter of Credit, the maximum available Dollar Equivalent aggregate amount of the requested Canadian Letter of Credit for the term of such Canadian Letter of Credit (including any increases in amount referenced therein) is greater than the Unused Canadian Letter of Credit Subfacility at such time; (ii) after giving effect to the maximum available Dollar Equivalent undrawn amount of the requested Letter of Credit and all commissionswould exceed (x) in the case of a U.S. Letter of Credit, feesthe U.S. Availability or (y) in the case of a Canadian Letter of Credit, and charges due from the requesting Borrower in connection with the opening thereof (to the extent such commissions, fees and charges are not paid in cash prior to Canadian Availability; or at the time of the opening thereof) the Availability Conditions would not be satisfied; (iii) such Letter of Credit has an expiration date on or after the Letter of Credit Maturity Date or more later than 12 months from after the date of issuance; for , in the avoidance case of doubt, this provision does not apply standby letters of credit (subject to any “evergreen” customary evergreen or automatic renewal provision; (iv) provisions reasonably acceptable to such Letter of Credit will Issuer), or later than 180 days after the date of issuance, in the case of documentary letters of credit; provided that in no event shall any Letter of Credit have an expiration date on or before later than the Revolving Maturity Date, unless such Letter of Credit has been date that is five (5) Business Days prior to the Termination Date (except to the extent cash collateralized or backstopped on terms pursuant to arrangements reasonably acceptable to the applicable relevant Letter of Credit Issuer (in which case, any participations of any U.S. Revolving Credit Lender or Canadian Revolving Lender, as applicable, in undrawn Letters of Credit shall expire on the Revolving Maturity Date: or (v) in the case of a Letter of Credit to be issued by Bank of America (including through its Canadian branchIssuer), such Letter of Credit, when aggregated with the Dollar Equivalent amount of all other outstanding Letters of Credit issued by Bank of America (including through its Canadian branch) to exceed the Bank of America LC Sublimit. With respect to any Letter of Credit which contains any “evergreen” or automatic renewal or extension provision, each if such Letter of Credit permits the applicable Lender Letter of Credit Issuer to prevent any extension by giving notice to the beneficiary thereof no later than a date (the “Non-Extension Notice Date”), once any such Letter of Credit has been issued, the U.S. Lenders (in the case of a U.S. Letter of Credit) or the Canadian Lenders (in the case of a Canadian Letter of Credit) shall be deemed to have consented authorized such Letter of Credit Issuer to any permit extensions of such extension or renewal Letter of Credit to an expiry date not later than the date that is five (5) Business Days prior to the Termination Date, unless any such Lender the Agent shall have provided to the applicable Administrative Agent received written notice that it declines from the Required Lenders declining to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to Non-Extension Notice Date; provided that no Lender may decline to extend or renew consent to any such Letter of Credit. If extension if all of the requirements of this Section 2.4 2.5 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.

Amounts; Outside Expiration Date. A Letter of Credit Issuer The Agent shall not have any obligation to issue or cause to be issued any Letter of Credit if: at any time if (i) (x) in the case of a U.S. Letter of Credit, the maximum available Dollar Equivalent aggregate amount of the requested U.S. Letter of Credit for the term of such U.S. Letter of Credit (including any increases in amount referenced therein) is greater than the Unused U.S. Letter of Credit Subfacility at such time and (y) in the case of a Canadian Letter of Credit, the maximum available Dollar Equivalent aggregate amount of the requested Canadian Letter of Credit for the term of such Canadian Letter of Credit (including any increases in amount referenced therein) is greater than the Unused Canadian Letter of Credit Subfacility at such time; (ii) after giving effect to the maximum available Dollar Equivalent undrawn amount of the requested Letter of Credit and all commissionswould exceed (x) in the case of a U.S. Letter of Credit, feesthe U.S. Availability or (y) in the case of a Canadian Letter of Credit, and charges due from the requesting Borrower in connection with the opening thereof (to the extent such commissions, fees and charges are not paid in cash prior to or at the time of the opening thereof) the Availability Conditions would not be satisfiedCanadian Availability; (iii) such Letter of Credit has an expiration date on or after the Letter of Credit Maturity Date or more later than 12 months from after the date of issuance; for , in the avoidance case of doubt, this provision does not apply standby letters of credit (subject to any “evergreen” customary evergreen or automatic renewal provision; (iv) provisions reasonably acceptable to such Letter of Credit will Issuer), or later than 180 days after the date of issuance, in the case of documentary letters of credit; provided that in no event shall any Letter of Credit have an expiration date on later than the date that is five (5) Business Days prior to the Termination Date; or before (iv)(x) in the Revolving Maturity Date, unless such case of a U.S. Letter of Credit has been cash collateralized or backstopped on terms reasonably acceptable to Credit, any U.S. Lender is at such time a Defaulting Lender hereunder and (y) in the case of a Canadian Letter of Credit, any Canadian Lender is at such time a Defaulting Lender hereunder, unless, in either case, the Agent and the applicable Letter of Credit Issuer (in which case, any participations of any U.S. Revolving Credit have entered into satisfactory arrangements with the Borrowers and/or such Defaulting Lender or Canadian Revolving Lender, as applicable, in undrawn Letters of Credit shall expire on to eliminate the Revolving Maturity Date: or (v) in the case of a applicable Letter of Credit Issuer’s risk with respect to be issued by Bank of America (including through its Canadian branch), such Letter of Credit, when aggregated with the Dollar Equivalent amount of all other outstanding Letters of Credit issued by Bank of America (including through its Canadian branch) to exceed the Bank of America LC SublimitDefaulting Lender. With respect to any Letter of Credit which contains any “evergreen” or automatic renewal or extension provision, each if such Letter of Credit permits the applicable Lender Letter of Credit Issuer to prevent any extension by giving notice to the beneficiary thereof no later than a date (the “Non-Extension Notice Date”), once any such Letter of Credit has been issued, the U.S. Lenders (in the case of a U.S. Letter of Credit) or the Canadian Lenders (in the case of a Canadian Letter of Credit) shall be deemed to have consented authorized such Letter of Credit Issuer to any permit extensions of such extension or renewal Letter of Credit to an expiry date not later than the date that is five (5) Business Days prior to the Termination Date, unless any such Lender the Agent shall have provided to the applicable Administrative Agent received written notice that it declines from the Required Lenders declining to consent to any such extension or renewal at least thirty (30) days prior to the date on which the applicable Letter of Credit Issuer is entitled to Non-Extension Notice Date; provided that no Lender may decline to extend or renew consent to any such Letter of Credit. If extension if all of the requirements of this Section 2.4 are met and no Default or Event of Default has occurred and is continuing, no Lender shall decline to consent to any such extension or renewal.