Common use of FOR LETTERS OF CREDIT Clause in Contracts

FOR LETTERS OF CREDIT. With respect to any Letter of Credit and in accordance with the related Letter of Credit Application, the Borrower agrees to pay to the Issuing Bank for such Letter of Credit on demand of such Issuing Bank any amount due to such Issuing Bank under such Letter of Credit Application (provided that fees due with respect to such Letter of Credit shall be payable as specified in Section 2.4(b)). If the Borrower does not pay upon demand of such Issuing Bank any amount due to such Issuing Bank under any Letter of Credit Application, in addition to any rights such Issuing Bank may have under such Letter of Credit Application, such Issuing Bank may upon written notice to the Agent request the satisfaction of such obligation by the making of a Revolving Credit Borrowing. Upon such request, the Borrower shall be deemed to have requested the making of a Revolving Credit Borrowing in the amount of such obligation and the transfer of the proceeds thereof to such Issuing Bank. Such Revolving Credit Borrowing shall be comprised of a Prime Rate Tranche. The Agent shall promptly forward notice of such Borrowing to the Borrower and the Banks, and each Bank shall, in accordance with the procedures of Section 2.10, other than limitations on the size of Revolving Credit Borrowings, and notwithstanding the failure of any conditions precedent, make available such Bank's ratable share of such Revolving Credit Borrowing to the Agent, and the Agent shall promptly deliver the proceeds thereof to such Issuing Bank for application to such Bank's share of the obligations under such Letter of Credit. The Borrower hereby unconditionally and irrevocably authorizes, empowers, and directs such Issuing Bank to make such requests for Revolving Credit Borrowings on behalf of the Borrower, and the Banks to make Revolving Credit Advances to the Agent for the benefit of such Issuing Bank in satisfaction of such obligations. The Agent and each Bank may record and otherwise treat the -21- making of such Revolving Credit Borrowings as the making of a Revolving Credit Borrowing to the Borrower under this Agreement as if requested by the Borrower. Nothing herein is intended to release the Borrower's obligations under any Letter of Credit Application, but only to provide an additional method of payment therefor. The making of any Revolving Credit Borrowing under this Section 2.3(c) shall not constitute a cure or waiver of any Default or Event of Default caused by the Borrower's failure to comply with the provisions of this Agreement or any Letter of Credit Application.

FOR LETTERS OF CREDIT. With respect to any Letter of Credit and in accordance with the related Letter of Credit Application, the Borrower agrees to pay to the Issuing Bank for such Letter of Credit on demand of such the Issuing Bank any amount due to such the Issuing Bank under such Letter of Credit Application (provided that fees due with respect to such Letter of Credit shall be payable as specified in Section 2.4(b2.5(d)). If the Borrower does not pay upon demand of such the Issuing Bank any amount due to such the Issuing Bank under any Letter of Credit Application, in addition to any rights such the Issuing Bank may have under such Letter of Credit Application, such the Issuing Bank may upon written notice to the Agent request the satisfaction of such obligation by the making of a Revolving Credit Loan Borrowing. Upon such request, the Borrower shall be deemed to have requested the making of a Revolving Credit Loan Borrowing in the amount of such obligation and the transfer of the proceeds thereof to such the Issuing Bank. Such The Issuing Bank may select whether such Revolving Credit Loan Borrowing shall be comprised of a Prime Rate Tranche or a LIBOR Tranche. The Agent shall promptly forward notice of such Revolving Loan Borrowing to the Borrower and the Banks, and each Bank shall, in accordance with the procedures of Section 2.102.1(b), other than limitations on the size of Revolving Credit Loan Borrowings, and notwithstanding the failure of any conditions precedent, make available such Bank's ratable share of such Revolving Credit Loan Borrowing to the Agent, and the Agent shall promptly deliver the proceeds thereof to such the Issuing Bank for application to such Bank's share of the obligations under such Letter of Credit. The Borrower hereby unconditionally and irrevocably authorizes, empowers, and directs such the Issuing Bank to make such requests for Revolving Credit Loan Borrowings on behalf of the Borrower, and the Banks to make Revolving Credit Loan Advances to the Agent for the benefit of such the Issuing Bank in satisfaction of such obligations. The Agent and each Bank may record and otherwise treat the -21- making of such Revolving Credit Loan Borrowings as the making of a Revolving Credit Loan Borrowing to the Borrower under this Agreement as if requested by the Borrower. Nothing herein is intended to release the Borrower's obligations under any Letter of Credit Application, but only to provide an additional method of payment therefor. The making of any Revolving Credit Borrowing under this Section 2.3(c2.4(d) shall not constitute a cure or waiver of any Default or Event of Default caused by the Borrower's failure to comply with the provisions of this Agreement or any Letter of Credit Application.

FOR LETTERS OF CREDIT. With respect to any Letter of Credit and in accordance with the related Letter of Credit Application, the Borrower agrees to pay to the Issuing Bank for such Letter of Credit on demand of such the Issuing Bank any amount due to such the Issuing Bank under such Letter of Credit Application (provided that fees due with respect to such Letter of Credit shall be payable as specified in Section 2.4(b2.4(c)). If the Borrower does not pay upon demand of such the Issuing Bank any amount due to such the Issuing Bank under any Letter of Credit Application, in addition to any rights such the Issuing Bank may have under such Letter of Credit Application, such the Issuing Bank may upon written notice to the Agent request the satisfaction of such obligation by the making of a Revolving Credit A Loan Borrowing. Upon such request, the Borrower shall be deemed to have requested the making of a Revolving Credit A Loan Borrowing in the amount of such obligation and the transfer of the proceeds thereof to such the Issuing Bank. Such Revolving Credit A Loan Borrowing shall be comprised of a Prime Rate Tranche. The Agent shall promptly forward notice of such Revolving A Loan Borrowing to the Borrower and the Facility A Banks, and each Facility A Bank shall, in accordance with the procedures of Section 2.102.1(b), other than limitations on the size of Revolving Credit A Loan Borrowings, and notwithstanding the failure of any conditions precedent, make available such Facility A Bank's ratable share of such Revolving Credit A Loan Borrowing to the Agent, and the Agent shall promptly deliver the proceeds thereof to such the Issuing Bank for application to such Facility A Bank's share of the obligations under such Letter of Credit. The Borrower hereby unconditionally and irrevocably authorizes, empowers, and directs such the Issuing Bank to make such requests for Revolving Credit A Loan Borrowings on behalf of the Borrower, and the Facility A Banks to make Revolving Credit A Loan Advances to the Agent for the benefit of such the Issuing Bank in satisfaction of such obligations. The Agent and each Facility A Bank may record and otherwise treat the -21- making of such Revolving Credit A Loan Borrowings as the making of a Revolving Credit A Loan Borrowing to the Borrower under this Agreement as if requested by the Borrower. Nothing herein is intended to release the Borrower's obligations under any Letter of Credit Application, but only to provide an additional method of payment therefor. The making of any Revolving Credit Borrowing under this Section 2.3(c2.2(c) shall not constitute a cure or waiver of any Default or Event of Default caused by the Borrower's failure to comply with the provisions of this Agreement or any Letter of Credit Application.