Letter of Credit Requests; Notices of Issuance. (a) Whenever ---------------------------------------------- it desires that a Letter of Credit be issued, the U.S. Borrower shall give the Administrative Agent and the respective Letter of Credit Issuer written notice thereof prior to 12:00 Noon (New York time) at least five Business Days (or such shorter period as may be acceptable to such Letter of Credit Issuer) prior to the proposed date of issuance (which shall be a Business Day), which written notice shall be in the form of Exhibit A-2 (each such notice, a "Letter of Credit Request"). Each Letter of Credit Request shall include any other documents as the respective Letter of Credit Issuer customarily requires in connection therewith. (b) Each Letter of Credit Issuer shall, on the date of each issuance of or amendment or modification to a standby Letter of Credit by it, give the Administrative Agent, each A RL Bank and the U.S. Borrower written notice of the issuance of, or amendment or modification to, such standby Letter of Credit, accompanied by a copy of the standby Letter of Credit or Letters of Credit issued by it and each such amendment or modification thereto. (a) Each Letter of Credit Issuer (other than BTCo) shall deliver to the Administrative Agent, promptly on the first Business Day of each week, by facsimile transmission, the aggregate daily Stated Amount available to be drawn under the outstanding trade Letters of Credit issued by such Letter of Credit Issuer for the previous week. The Administrative Agent shall, within 10 days after the last Business Day of each calendar month, deliver to each Participant a report setting forth for such preceding calendar month the aggregate daily Stated Amount available to be drawn under all outstanding trade Letters of Credit during such calendar month.
Appears in 1 contract
Sources: Credit Agreement (Dade Behring Inc)
Letter of Credit Requests; Notices of Issuance. (a) Whenever ---------------------------------------------- it desires that a Letter of Credit be issued, the U.S. Borrower shall give the Administrative Agent and the respective Letter of Credit Issuer written notice (including by way of facsimile transmission) in the form of Exhibit C thereof prior to 12:00 Noon 1:00 P.M. (New York time) at least five three Business Days (or such shorter period as may be acceptable to such the Letter of Credit Issuer) prior to the proposed date of issuance (which shall be a Business Day), which written notice shall be in the form of Exhibit A-2 ) (each such noticeeach, a "Letter of Credit Request"). Each , which Letter of Credit Request shall include any other documents as that the respective Letter of Credit Issuer customarily requires in connection therewith.
(b) Each Letter of Credit Issuer shall, on the date of promptly after each issuance of or amendment or modification to a standby Standby Letter of Credit by it, give the Administrative Agent, each A RL Bank RC Lender and the U.S. Borrower written notice of the issuance of, or amendment or modification to, of such standby Letter of Credit, accompanied by a copy to the Administrative Agent of the standby such Letter of Credit or Letters of Credit issued by it and each such amendment or modification thereto.
(a) it. Each Letter of Credit Issuer (other than BTCo) shall deliver provide to the Administrative AgentAgent a weekly summary describing each Trade Letter of Credit, promptly on the first Business Day of each weekif any, by facsimile transmission, the aggregate daily Stated Amount available to be drawn under the outstanding trade Letters of Credit issued by such Letter of Credit Issuer for and then outstanding. Based on the previous week. The foregoing, the Administrative Agent shall, within 10 days after the last Business Day of each calendar month, deliver will send to each Participant RC Lender, upon such Letter of Credit fee payment date, a report setting forth for the period covered by such preceding calendar month fee the daily aggregate daily Stated Amount available to be drawn under all outstanding trade Letters Letter of Credit Outstandings during such calendar monthperiod.
Appears in 1 contract
Sources: Credit Agreement (Hci Direct Inc)
Letter of Credit Requests; Notices of Issuance. (a) Whenever ---------------------------------------------- it desires that a Letter of Credit be issued, the U.S. Borrower Company shall give the Administrative Agent and the respective Letter of Credit Issuer written or telephonic notice thereof (in the case of telephonic notice, promptly confirmed in writing if so requested by the Administrative Agent) which, if in the form of written notice shall be substantially in the form of Exhibit B-3, or transmit by electronic communication (if arrangements for doing so have been approved by the Letter of Credit Issuer), prior to 12:00 Noon 11:00 A.M. (New York timelocal time at its Notice Office) at least five three Business Days (or such shorter period as may be acceptable to such the relevant Letter of Credit Issuer) prior to the proposed date of issuance (which shall be a Business Day) (each a "LETTER OF CREDIT REQUEST"), which written notice shall be in the form of Exhibit A-2 (each such notice, a "Letter of Credit Request"). Each Letter of Credit Request shall include any other such supporting documents as the respective that such Letter of Credit Issuer customarily requires in connection therewiththerewith (including, in the case of a Letter of Credit for an account party other than the Company, an application for, and if applicable a reimbursement agreement with respect to, such Letter of Credit). Any such documents executed in connection with the issuance of a Letter of Credit, including the Letter of Credit itself, are herein referred to as "LETTER OF CREDIT DOCUMENTS". In the event of any inconsistency between any of the terms or provisions of any Letter of Credit Document and the terms and provisions of this Agreement respecting Letters of Credit, the terms and provisions of this Agreement shall control. The Administrative Agent shall promptly notify each Lender of each Letter of Credit Request.
(b) Each Letter of Credit Issuer shall, on the date of each issuance of or amendment or modification to a standby Letter of Credit by it, give the Administrative Agent, each A RL Bank applicable Lender and the U.S. Borrower Company written notice of the issuance of, or amendment or modification to, of such standby Letter of Credit, accompanied by a copy to the Administrative Agent of the standby Letter of Credit or Letters of Credit issued by it and each such amendment or modification thereto.
(a) it. Each Letter of Credit Issuer (other than BTCo) shall deliver provide to the Administrative Agent, promptly on Agent a quarterly (or monthly if requested by any applicable Lender) summary describing each Letter of Credit issued by such Letter of Credit Issuer and then outstanding and an identification for the first Business Day relevant period of each week, the daily aggregate Letter of Credit Outstandings represented by facsimile transmission, the aggregate daily Stated Amount available to be drawn under the outstanding trade Letters of Credit issued by such Letter of Credit Issuer for the previous week. The Administrative Agent shall, within 10 days after the last Business Day of each calendar month, deliver to each Participant a report setting forth for such preceding calendar month the aggregate daily Stated Amount available to be drawn under all outstanding trade Letters of Credit during such calendar monthIssuer.
Appears in 1 contract
Letter of Credit Requests; Notices of Issuance. (a) Whenever ---------------------------------------------- it desires that a Letter of Credit be issued, the U.S. Borrower shall give the Administrative Agent and the respective Letter of Credit Issuer written notice thereof prior to 12:00 Noon (New York time) at least five Business Days (or such shorter period as may be acceptable to such Letter of Credit Issuer) prior to the proposed date of issuance (which shall be a Business Day), ) which written notice shall be in the form of Exhibit A-2 (each such noticeeach, a "Letter of Credit Request"). Each Letter of Credit Request shall include any other documents as the respective Letter of Credit Issuer customarily requires in connection therewith.
(bi) Each In the case of standby Letters of Credit, each Letter of Credit Issuer shall, on the date of each issuance of or amendment or modification to a standby Letter of Credit by it, give the Administrative Agent, each A RL Bank Agent and the U.S. Borrower written notice of the issuance of, of or amendment or modification to, to such standby Letter of Credit, accompanied by a copy to the Agent of the standby Letter of Credit or Letters of Credit issued by it and each such amendment or modification thereto.
(aii) Each In the case of any trade Letters of Credit issued by a Letter of Credit Issuer (other than BTCo) , the respective trade Letter of Credit Issuer shall deliver send to the Administrative Agent, promptly on the first Business Day of each week, by facsimile transmissiontelefax, its outstanding trade Letter of Credit daily balances for the previous week. The Agent shall deliver to each RL Bank by the end of each calendar month and upon each Letter of Credit fee payment date a report setting forth for such period the aggregate daily Stated Amount amount available to be drawn under the outstanding trade Letters of Credit issued by such all Letter of Credit Issuer for the previous week. The Administrative Agent shall, within 10 days after the last Business Day of each calendar month, deliver to each Participant a report setting forth for such preceding calendar month the aggregate daily Stated Amount available to be drawn under all Issuers that were outstanding trade Letters of Credit during such calendar monthperiod.
Appears in 1 contract
Letter of Credit Requests; Notices of Issuance. (a) Whenever ---------------------------------------------- it a Borrower desires that a Letter of Credit be issued, the U.S. such Borrower shall give the Administrative Agent and the respective Letter of Credit Issuer written notice (including by way of telecopier) thereof prior to 12:00 Noon 1:00 P.M. (New York time) at least five three Business Days (or such shorter period as may be acceptable to such Letter of Credit Issuer) prior to the proposed date of issuance (which shall be a Business Day), which written notice shall be in the form ) of Exhibit A-2 issuance (each such noticeeach, a "βLetter of Credit Request"β). Each , which Letter of Credit Request shall include an application for the Letter of Credit and any other documents as the respective that such Letter of Credit Issuer customarily requires in connection therewith. The Administrative Agent shall promptly notify each Bank of each Letter of Credit Request.
(b) The delivery of each Letter of Credit Request shall be deemed a representation and warranty by the applicable Borrower and the Company that such Letter of Credit as requested in such Letter of Credit Request may be issued in accordance with and will not violate the requirements of Section 2.01(b). Each Letter of Credit Issuer shall, on the date of each issuance of or amendment or modification to a standby Letter of Credit by it, give the Administrative Agent, each A RL Bank Bank, the applicable Borrower and the U.S. Borrower Company written notice of the issuance of, or amendment or modification to, of such standby Letter of Credit, accompanied by a copy to the Administrative Agent of the standby Letter of Credit or Letters of Credit issued by it and each such amendment or modification theretoit.
(a) Each Letter of Credit Issuer (other than BTCo) shall deliver to the Administrative Agent, promptly on the first Business Day of each week, by facsimile transmission, the aggregate daily Stated Amount available to be drawn under the outstanding trade Letters of Credit issued by such Letter of Credit Issuer for the previous week. The Administrative Agent shall, within 10 days after the last Business Day of each calendar month, deliver to each Participant a report setting forth for such preceding calendar month the aggregate daily Stated Amount available to be drawn under all outstanding trade Letters of Credit during such calendar month.
Appears in 1 contract
Sources: Credit Agreement (Ametek Inc/)
Letter of Credit Requests; Notices of Issuance. (a) Whenever ---------------------------------------------- it desires that a Letter of Credit be issued, the U.S. Borrower shall give the Administrative Agent and the respective Letter of Credit Issuer written or telephonic notice thereof (in the case of telephonic notice, promptly confirmed in writing if so requested by the Administrative Agent) that, if in the form of written notice shall be substantially in the form of Exhibit B-4, or transmit by electronic communication (if arrangements for doing so have been approved by the Letter of Credit Issuer), prior to 12:00 Noon 11:00 A.M. (New York timelocal time at its Notice Office) at least five three Business Days (or such shorter period as may be acceptable to such the relevant Letter of Credit Issuer) prior to the proposed date of issuance (which shall be a Business Day), which written notice shall be in the form of Exhibit A-2 ) (each such notice, a "Letter of Credit Request"). Each , which Letter of Credit Request shall include any other such supporting documents as the respective that such Letter of Credit Issuer customarily requires in connection therewiththerewith (including, in the case of a Letter of Credit for an account party other than the Borrower, an application for, and if applicable a reimbursement agreement with respect to, such Letter of Credit). Any such documents executed in connection with the issuance of a Letter of Credit, including the Letter of Credit itself, are herein referred to as "Letter of Credit Documents." In the event of any inconsistency between any of the terms or provisions of any Letter of Credit Document and the terms and provisions of this Agreement respecting Letters of Credit, the terms and provisions of this Agreement shall control. The Administrative Agent shall promptly notify each Lender of each Letter of Credit Request.
(b) Each Letter of Credit Issuer shall, on the date of each issuance of or amendment or modification shall provide to a standby Letter of Credit by it, give the Administrative Agent, Agent and each A RL Bank and other Lender a quarterly (or monthly if requested by the U.S. Borrower written notice of the issuance of, Administrative Agent or amendment or modification to, such standby any applicable Lender) summary describing each Letter of Credit, accompanied by a copy of the standby Letter of Credit or Letters of Credit issued by it and each such amendment or modification thereto.
(a) Each Letter of Credit Issuer (other than BTCo) shall deliver to and then outstanding and an identification for the Administrative Agent, promptly on relevant period of the first Business Day daily aggregate Letter of each week, Credit Outstandings represented by facsimile transmission, the aggregate daily Stated Amount available to be drawn under the outstanding trade Letters of Credit issued by such Letter of Credit Issuer. Each Letter of Credit Issuer for shall, if requested by the previous week. The Administrative Agent shallor any other Lender, within 10 days after the last Business Day provide a copy of each calendar month, deliver to each Participant a report setting forth for such preceding calendar month the aggregate daily Stated Amount available to be drawn under all outstanding trade Letters Letter of Credit during such calendar monthissued by it.
Appears in 1 contract
Letter of Credit Requests; Notices of Issuance. (a) Whenever ---------------------------------------------- it desires that a Letter of Credit be issued, the U.S. Borrower shall give the Administrative Agent and the respective Letter of Credit Issuer written notice thereof (including by way of telecopier) in the form of Exhibit A-2 hereto prior to 12:00 Noon 1:00 P.M. (New York Cleveland, Ohio time) at least five Business Days (or such shorter period as may be acceptable to such the relevant Letter of Credit Issuer) prior to the proposed date of issuance (which shall be a Business Day) (each a "LETTER OF CREDIT REQUEST"), which written notice shall be in the form of Exhibit A-2 (each such notice, a "Letter of Credit Request"). Each Letter of Credit Request shall include any other such supporting documents as the respective that such Letter of Credit Issuer customarily requires in connection therewiththerewith (including, in the case of a Letter of Credit for an account party other than the Borrower, an application for, and if applicable, a reimbursement agreement with respect to, such Letter of Credit). Any such documents executed in connection with the issuance of a Letter of Credit, including the Letter of Credit itself, are herein referred to as "LETTER OF CREDIT DOCUMENTS". In the event of any inconsistency between any of the terms or provisions of any Letter of Credit Document and the terms and provisions of this Agreement respecting Letters of Credit, the terms and provisions of this Agreement shall control. The Administrative Agent shall notify each Lender, on a monthly basis and in reasonable detail, of the Letters of Credit Outstandings for the previous month, and shall, if requested by any Lender, provide to such Lender a copy of any particular Letter of Credit Request which such Lender may specify.
(b) Each Letter of Credit Issuer shall, on the date of each issuance of or amendment or modification to a standby Letter of Credit by it, give the Administrative Agent, each A RL Bank Lender and the U.S. Borrower written notice of the issuance of, or amendment or modification to, of such standby Letter of Credit, accompanied by a copy to the Administrative Agent of the standby Letter of Credit or Letters of Credit issued by it and each such amendment or modification thereto.
(a) it. Each Letter of Credit Issuer (other than BTCo) shall deliver provide to the Administrative Agent, promptly on the first Business Day of Agent a monthly summary describing each week, by facsimile transmission, the aggregate daily Stated Amount available to be drawn under the outstanding trade Letters Letter of Credit issued by such Letter of Credit Issuer for the previous week. The Administrative Agent shall, within 10 days after the last Business Day of each calendar month, deliver to each Participant a report setting forth for such preceding calendar month the aggregate daily Stated Amount available to be drawn under all outstanding trade Letters of Credit during such calendar monthand then outstanding.
Appears in 1 contract
Sources: Credit Agreement (First Union Real Estate Equity & Mortgage Investments)
Letter of Credit Requests; Notices of Issuance. (a) Whenever ---------------------------------------------- it desires that a Letter of Credit be issued, the U.S. Borrower shall give the Administrative Agent and the respective Letter of Credit Issuer written or telephonic notice thereof (in the case of telephonic notice, promptly confirmed in writing if so requested by the Administrative Agent) which, if in the form of written notice shall be substantially in the form of Exhibit B-4, prior to 12:00 Noon noon (New York timelocal time at its Notice Office) at least five three Business Days (or such shorter period as may be acceptable to such the relevant Letter of Credit Issuer) prior to the proposed date of issuance (which shall be a Business Day) (each a "LETTER OF CREDIT REQUEST"), which written notice shall be in the form of Exhibit A-2 (each such notice, a "Letter of Credit Request"). Each Letter of Credit Request shall include any other such supporting documents as the respective that such Letter of Credit Issuer customarily requires in connection therewiththerewith (including, in the case of a Letter of Credit for an account party other than the Borrower, an application for, and if applicable a reimbursement agreement with respect to, such Letter of Credit). Any such documents executed in connection with the issuance of a Letter of Credit, including the Letter of Credit itself, are herein referred to as "LETTER OF CREDIT DOCUMENTS". In the event of any inconsistency between any of the terms or provisions of any Letter of Credit Document and the terms and provisions of this Agreement respecting Letters of Credit, the terms and provisions of this Agreement shall control. The Administrative Agent shall promptly notify each Lender of each Letter of Credit Request.
(b) Each Letter of Credit Issuer shall, on the date of each issuance of or amendment or modification to a standby Letter of Credit by it, give the Administrative Agent, each A RL Bank applicable Lender and the U.S. Borrower written notice of the issuance of, or amendment or modification to, of such standby Letter of Credit, accompanied by a copy to the Administrative Agent of the standby Letter of Credit or Letters of Credit issued by it and each such amendment or modification thereto.
(a) it. Each Letter of Credit Issuer (other than BTCo) shall deliver provide to the Administrative Agent, promptly on Agent a quarterly (or monthly if requested by any applicable Lender) summary describing each Letter of Credit issued by such Letter of Credit Issuer and then outstanding and an identification for the first Business Day relevant period of each week, the daily aggregate Letter of Credit Outstandings represented by facsimile transmission, the aggregate daily Stated Amount available to be drawn under the outstanding trade Letters of Credit issued by such Letter of Credit Issuer for the previous week. The Administrative Agent shall, within 10 days after the last Business Day of each calendar month, deliver to each Participant a report setting forth for such preceding calendar month the aggregate daily Stated Amount available to be drawn under all outstanding trade Letters of Credit during such calendar monthIssuer.
Appears in 1 contract
Sources: Credit Agreement (Essef Corp)
Letter of Credit Requests; Notices of Issuance. (a) Whenever ---------------------------------------------- it desires that a Letter of Credit be issued, the U.S. Borrower shall give the Administrative Agent and the respective Letter of Credit Issuer written notice thereof prior to 12:00 Noon 1:00 P.M. (New York time) at least five Business Days (or such shorter period as may be acceptable to such Letter of Credit Issuer) prior to the proposed date of issuance (which shall be a Business Day), ) which written notice shall be in the form of Exhibit A-2 (each such noticeeach, a "Letter of Credit Request"). Each Letter of Credit Request shall include any other documents as the respective Letter of Credit Issuer customarily requires in connection therewith.
(bi) Each In the case of standby Letters of Credit, each Letter of Credit Issuer shall, on the date of each issuance of or amendment or modification to a standby Letter of Credit by it, give the Administrative Agent, each A RL Bank and the U.S. Borrower written notice of the issuance of, of or amendment or modification to, to such standby Letter of Credit, accompanied by a copy to the Administrative Agent and each RL Bank of the standby Letter of Credit or Letters of Credit issued by it and each such amendment or modification thereto.
(aii) Each As to any Letters of Credit issued by a Letter of Credit Issuer (other than BTCo) , the respective Letter of Credit Issuer shall deliver send to the Administrative Agent, promptly on the first Business Day of each week, by facsimile transmissiontelefax, the aggregate daily Stated Amount available to be drawn under the its outstanding trade Letters of Credit issued by such Letter of Credit Issuer daily balances for the previous week. The Administrative Agent shall, within 10 days after shall deliver to each RL Bank by the last Business Day end of each calendar month, deliver to month and upon each Participant Letter of Credit fee payment date a report setting forth for such preceding calendar month period the aggregate daily Stated Amount amount available to be drawn under all outstanding trade Letters of Credit issued by all Letter of Credit Issuers that were outstanding during such calendar monthperiod.
Appears in 1 contract
Letter of Credit Requests; Notices of Issuance. (a) Whenever ---------------------------------------------- it desires that a Letter of Credit be issued, the U.S. Borrower shall give the Administrative Agent and the respective Letter of Credit Issuer written notice thereof (including by way of facsimile transmission) in the form of Exhibit C hereto prior to 12:00 Noon 1:00 P.M. (New York time) at least five three Business Days (or such shorter period as may be acceptable to such the Letter of Credit Issuer) prior to the proposed date of issuance (which shall be a Business Day), which written notice shall be in the form of Exhibit A-2 ) (each such noticeeach, a "Letter of Credit Request"). Each , which Letter of Credit Request shall include any other documents as the respective that such Letter of Credit Issuer customarily requires in connection therewith.
(b) Each Letter of Credit Issuer shall, on the date of promptly after each issuance of or amendment or modification to a standby Standby Letter of Credit by it, give the Administrative Agent, each A RL Bank RC Lender and the U.S. Borrower written notice of the issuance of, of or amendment or modification to, such standby to each Standby Letter of Credit, accompanied by a copy to the Administrative Agent of such issuance or amendment. If any RC Lender so requests, the standby Administrative Agent will provide such RC Lender with copies of any Standby Letter of Credit or Letters of Credit issued by it and each such amendment or modification amendments thereto.
(ac) Each In the event that the Letter of Credit Issuer (is other than BTCo) shall deliver the Administrative Agent, such Letter of Credit Issuer will send by facsimile transmission to the Administrative Agent, promptly on the first Business Day of each week, by facsimile transmission, the aggregate its daily Stated Amount maximum amount available to be drawn under the outstanding trade Trade Letters of Credit issued by such Letter of Credit Issuer for the previous week. The Administrative Agent shall, within 10 days after the last Business Day of each calendar month, shall deliver to each Participant Lender upon each calendar month end, and upon each Trade Letter of Credit fee payment, a report setting forth for such preceding calendar month the aggregate daily Stated Amount maximum amount available to be drawn under for all outstanding trade Letters Letter of Credit Issuers during such calendar monthperiod.
Appears in 1 contract
Sources: Credit Agreement (Unilab Corp /De/)