CONDITIONS OF LENDING AND ISSUANCE OF LETTERS OF CREDIT Clause Samples
CONDITIONS OF LENDING AND ISSUANCE OF LETTERS OF CREDIT. The obligation of each Lender to make Loans and of the Issuing Lender to issue Letters of Credit hereunder is subject to the performance by each of the Loan Parties of its Obligations to be performed hereunder at or prior to the making of any such Loans or issuance of such Letters of Credit and to the satisfaction of the following further conditions:
CONDITIONS OF LENDING AND ISSUANCE OF LETTERS OF CREDIT. The obligation of each Lender to make Loans, of an Issuing Lender to issue Letters of Credit hereunder, and of the Swingline Lender to make Swing Loans is subject to the following conditions:
CONDITIONS OF LENDING AND ISSUANCE OF LETTERS OF CREDIT. The obligations of the Lenders (including the Swing Line Banks) to make Loans hereunder and the obligation of each Fronting Bank to issue Letters of Credit hereunder (or to amend, renew or extend an existing Letter of Credit) are subject to the satisfaction of the following conditions:
CONDITIONS OF LENDING AND ISSUANCE OF LETTERS OF CREDIT. The obligation of each Lender to make Loans and of the Administrative Agent to issue Letters of Credit hereunder is subject to the satisfaction of the following conditions:
CONDITIONS OF LENDING AND ISSUANCE OF LETTERS OF CREDIT. The effectiveness of this Agreement shall be subject to the satisfaction or waiver of the following further conditions:
CONDITIONS OF LENDING AND ISSUANCE OF LETTERS OF CREDIT. The obligation of the Bank to make any Loan or issue any Letter of Credit is subject to the satisfaction of the following conditions:
CONDITIONS OF LENDING AND ISSUANCE OF LETTERS OF CREDIT. 7.1 First Loans and Letters of Credit
(a) Deliveries
(b) Payment of Fees
7.2 Each Loan of Letter of Credit
CONDITIONS OF LENDING AND ISSUANCE OF LETTERS OF CREDIT. 85
7.1 First Loans and Letters of Credit 85
CONDITIONS OF LENDING AND ISSUANCE OF LETTERS OF CREDIT. 3.01. Conditions Precedent to Initial Extension of Credit..............................................51
3.02. Conditions Precedent to Each Revolving Credit and Term Loan Borrowing and Each Issuance..........53
3.03. Conditions Precedent to Each Competitive Bid Borrowing...........................................54 SECTION 3.04. Determinations Under Section 3.01........................................................54
CONDITIONS OF LENDING AND ISSUANCE OF LETTERS OF CREDIT is not satisfied, then, subject to the terms and conditions hereof and in reliance on the agreements of the other Lenders specified in this Section 2.8, the Issuing Lender or any of such Issuing Lender’s Affiliates will issue the proposed Letter of Credit or agree to such amendment or extension; provided that each Letter of Credit shall (A) have a maximum maturity of twelve (12) months from the date of issuance, and (B) in no event expire later than five (5) Business Days prior to the Expiration Date; provided, further, that at the sole discretion of the applicable Issuing Lender, any Letter of Credit with a maturity twelve (12) months from the date of issuance may provide for the extension thereof for additional twelve (12) month period so long as (I) the expiry date of such Letter of Credit (as so extended) is not later than the date set forth in the immediately preceding clause (B) and (II) such Letter of Credit must permit the Issuing Lender to prevent any such extension at least once in such additional twelve-month period (commencing with the date of issuance of such Letter of Credit) by giving prior notice to the beneficiary thereof not later than a day in each such twelve-month period to be agreed by the Borrower and such Issuing Lender at the time such Letter of Credit is issued; and provided, further, that in no event shall (1) the Revolving Facility Usage exceed, at any one time, the Revolving Credit Commitments, (2) the Letter of Credit Obligations of any Issuing Lender exceed the Issuing Lender L/C Sublimit of such Issuing Lender (unless such Issuing Lender shall have consented thereto in writing), (3) the Dollar Equivalent of the sum of the Revolving Facility Usage denominated in the Alternative Currency exceed the Alternative Currency Sublimit. Each request by the Borrower for the issuance, amendment or extension of a Letter of Credit shall be deemed to be a representation by the Borrower that it shall be in compliance with the preceding sentence and with Article 6 [