Common use of Procedure for Issuance of Letters of Credit Clause in Contracts

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an Issuing Bank (i) issue a Letter of Credit by delivering to such Issuing Bank at its address for notices specified herein an Application therefor, completed to the satisfaction of such Issuing Bank or (ii) extend, modify or increase the amount of an existing Letter of Credit by delivering to such Issuing Bank at its address for notices specified herein a notice identifying the Letter of Credit to be extended, modified or increased, the proposed date of such extension, modification or increase, the name and address of the beneficiary thereof and such other information as shall be necessary to extend, modify or increase such Letter of Credit. Upon receipt of any Application or a request for an extension, modification or increase of an existing Letter of Credit, the Issuing Bank will process such Application or request and shall promptly issue the Letter of Credit (or an amendment to such existing Letter of Credit, as applicable) requested thereby (but in no event shall any Issuing Bank be required to issue any Letter of Credit (or extension, modification or increase of an existing Letter of Credit) earlier than two Business Days after its receipt of the Application or request therefor, as applicable) by issuing the original of such Letter of Credit (or amendment thereof, as applicable) in a form satisfactory to the Borrower to the beneficiary thereof or as otherwise may be agreed by such Issuing Bank and Borrower. The relevant Issuing Bank shall furnish a copy of such Letter of Credit (or amendment thereof, as applicable) to the Borrower promptly following the issuance thereof and notify the Banks of the amount thereof. In the event of any inconsistency between the terms and conditions of this Agreement and the terms and conditions of the Application or other agreement submitted by the Borrower to, or entered into by the Borrower with, the Issuing Bank relating to any Letter of Credit, the terms and conditions of this Agreement shall control.

Appears in 14 contracts

Sources: Credit Agreement (Centerpoint Energy Resources Corp), Credit Agreement (Centerpoint Energy Resources Corp), Credit Agreement (Centerpoint Energy Resources Corp)

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an any Issuing Bank (i) issue issue, amend, renew or extend a Letter of Credit by delivering to such Issuing Bank at its address for notices specified herein an applicable office (with a copy to the Revolver Administrative Agent) a Letter of Credit Application therefor, completed to the satisfaction of such Issuing Bank or (ii) extendBank, modify or increase the amount of an existing and such other certificates, documents and other Letter of Credit by delivering to Documents and information as such Issuing Bank or the Revolver Administrative Agent may request, not later than 11:00 a.m. at its address for notices specified herein a notice identifying least two (2) Business Days (or such later date and time as the Letter of Credit Revolver Administrative Agent and such Issuing Bank may agree in their sole discretion) prior to be extended, modified or increased, the proposed date of such issuance, amendment, renewal or extension, modification as the case may be. Such notice shall specify (a) the requested date of issuance, amendment, renewal or increaseextension (which shall be a Business Day), (b) the date on which such Letter of Credit is to expire (which shall comply with Section 3.1(b)), (c) the amount of such Letter of Credit, (d) the name and address of the beneficiary thereof thereof, (e) the purpose and nature of such Letter of Credit and (f) such other information as shall be necessary to extendissue, modify amend, renew or increase extend such Letter of Credit. Upon receipt of any Application or a request for an extension, modification or increase of an existing Letter of CreditCredit Application, the applicable Issuing Bank will shall, if in its sole discretion it elects to do so, process such Letter of Credit Application and the certificates, documents and other Letter of Credit Documents and information delivered to it in connection therewith in accordance with its customary procedures and shall, subject to Section 3.1 and Article V, promptly issue, amend, renew or request and shall promptly issue extend the Letter of Credit (or an amendment to such existing Letter of Credit, as applicable) requested thereby (but subject to the timing requirements set forth in no event shall any Issuing Bank be required to issue any Letter of Credit (or extension, modification or increase of an existing Letter of Credit) earlier than two Business Days after its receipt of the Application or request therefor, as applicablethis Section 3.2) by issuing the original of such Letter of Credit (or amendment thereof, as applicable) in a form satisfactory to the Borrower to the beneficiary thereof or as otherwise may be agreed by such Issuing Bank and the Borrower. Additionally, the Borrower shall furnish to the applicable Issuing Bank and the Revolver Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, renewal or extension, including any Letter of Credit Documents, as the applicable Issuing Bank or the Revolver Administrative Agent may require. The relevant applicable Issuing Bank shall promptly furnish to the Borrower and the Revolver Administrative Agent a copy of such Letter of Credit (or amendment thereof, as applicable) to and the Borrower related Letter of Credit Documents and the Revolver Administrative Agent shall promptly following notify each Revolving Lender of the issuance thereof and notify the Banks upon request by any Revolving Lender, furnish to such Revolving Lender a copy of such Letter of Credit and the amount thereof. In the event of any inconsistency between the terms and conditions of this Agreement and the terms and conditions of the Application or other agreement submitted by the Borrower to, or entered into by the Borrower with, the Issuing Bank relating to any Letter of Credit, the terms and conditions of this Agreement shall controlsuch Revolving Lender’s participation therein.

Appears in 1 contract

Sources: Credit Agreement (NortonLifeLock Inc.)

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an the Issuing Bank (i) issue Lender issue, amend, renew or extend a Letter of Credit by delivering to such the Issuing Bank Lender at its address for notices specified herein an the Administrative Agent’s Office a Letter of Credit Application therefor, completed to the satisfaction of the Issuing Lender, and such Issuing Bank or (ii) extendother certificates, modify or increase the amount of an existing documents and other Letter of Credit by delivering to Documents and information as the Issuing Lender or the Administrative Agent may request, not later than 11:00 a.m. at least two (2) Business Days (or such later date and time as the Administrative Agent and such Issuing Bank at its address for notices specified herein a notice identifying the Letter of Credit Lender may agree in their sole discretion) prior to be extended, modified or increased, the proposed date of such issuance, amendment, renewal or extension, modification as the case may be. Such notice shall specify (a) the requested date of issuance, amendment, renewal or increaseextension (which shall be a Business Day), (b) the date on which such Letter of Credit is to expire (which shall comply with Section 3.1(b)), (c) the amount of such Letter of Credit, (d) the name and address of the beneficiary thereof thereof, (e) the purpose and nature of such Letter of Credit and (f) such other information as shall be necessary to extendissue, modify amend, renew or increase extend such Letter of Credit. Upon receipt of any Application or a request for an extension, modification or increase of an existing Letter of CreditCredit Application, the Issuing Bank will Lender shall process such Letter of Credit Application and the certificates, documents and other Letter of Credit Documents and information delivered to it in connection therewith in accordance with its customary procedures and shall, subject to Section 3.1 and Article VI, promptly issue, amend, renew or request and shall promptly issue extend the Letter of Credit (or an amendment to such existing Letter of Credit, as applicable) requested thereby (but subject to the timing requirements set forth in no event shall any Issuing Bank be required to issue any Letter of Credit (or extension, modification or increase of an existing Letter of Credit) earlier than two Business Days after its receipt of the Application or request therefor, as applicablethis Section 3.2) by issuing the original of such Letter of Credit (or amendment thereof, as applicable) in a form satisfactory to the Borrower to the beneficiary thereof or as otherwise may be agreed by such the Issuing Bank Lender and the Borrower. The relevant Issuing Bank Additionally, the Borrower shall furnish to the Issuing Lender and the Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, renewal or extension, including any Letter of Credit Documents, as the Issuing Lender or the Administrative Agent may require. The Issuing Lender shall promptly furnish to the Borrower a copy of such Letter of Credit (or amendment thereof, as applicable) to and the Borrower related Letter of Credit Documents and promptly following notify each Lender of the issuance thereof and notify the Banks upon request by any Lender, furnish to such Lender a copy of such Letter of Credit and the amount thereof. In the event of any inconsistency between the terms and conditions of this Agreement and the terms and conditions of the Application or other agreement submitted by the Borrower to, or entered into by the Borrower with, the Issuing Bank relating to any Letter of Credit, the terms and conditions of this Agreement shall controlsuch Lender’s participation therein.

Appears in 1 contract

Sources: Credit Agreement (Chuy's Holdings, Inc.)

Procedure for Issuance of Letters of Credit. The Borrower may from time to time request that an the Issuing Bank (i) issue Lender issue, amend, renew or extend a Letter of Credit by delivering to such the Issuing Bank Lender at its address for notices specified herein an the Administrative Agent’s Office a Letter of Credit Application therefor, completed to the satisfaction of the Issuing Lender, and such Issuing Bank or (ii) extendother certificates, modify or increase the amount of an existing documents and other Letter of Credit by delivering to Documents and information as the Issuing Lender or the Administrative Agent may request, not later than 11:00 a.m. at least three (3) Business Days (or such later date and time as the Administrative Agent and such Issuing Bank at its address for notices specified herein a notice identifying the Letter of Credit Lender may agree in their sole discretion) prior to be extended, modified or increased, the proposed date of such issuance, amendment, renewal or extension, modification as the case may be. Such notice shall specify (a) the requested date of issuance, amendment, renewal or increaseextension (which shall be a Business Day), (b) the date on which such Letter of Credit is to expire (which shall comply with Section 3.1(b)), (c) the amount of such Letter of Credit, (d) the name and address of the beneficiary thereof thereof, (e) the purpose and nature of such Letter of Credit and (f) such other information as shall be necessary to extendissue, modify amend, renew or increase extend such Letter of CreditCredit as requested by the ▇▇▇▇▇▇▇ ▇▇▇▇▇▇. Upon receipt of any Application or a request for an extension, modification or increase of an existing Letter of CreditCredit Application, the Issuing Bank will Lender shall process such Letter of Credit Application and the certificates, documents and other Letter of Credit Documents and information delivered to it in connection therewith in accordance with its customary procedures and shall, subject to Section 3.1 and Article VI, promptly issue, amend, renew or request and shall promptly issue extend the Letter of Credit (or an amendment to such existing Letter of Credit, as applicable) requested thereby (but subject to the timing requirements set forth in no event shall any Issuing Bank be required to issue any Letter of Credit (or extension, modification or increase of an existing Letter of Credit) earlier than two Business Days after its receipt of the Application or request therefor, as applicablethis Section 3.2) by issuing the original of such Letter of Credit (or amendment thereof, as applicable) in a form satisfactory to the Borrower to the beneficiary thereof or as otherwise may be agreed by such Issuing Bank the ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ and the Borrower. The relevant Issuing Bank Additionally, the Borrower shall furnish to the Issuing Lender and the Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, renewal or extension, including any Letter of Credit Documents, as the Issuing Lender or the Administrative Agent may require. The Issuing Lender shall promptly furnish to the Borrower a copy of such Letter of Credit (or amendment thereof, as applicable) to and the Borrower related Letter of Credit Documents and promptly following notify each Lender of the issuance thereof and notify the Banks upon request by any Lender, furnish to such Lender a copy of such Letter of Credit and the amount thereof. In the event of any inconsistency between the terms and conditions of this Agreement and the terms and conditions of the Application or other agreement submitted by the Borrower to, or entered into by the Borrower with, the Issuing Bank relating to any Letter of Credit, the terms and conditions of this Agreement shall controlsuch ▇▇▇▇▇▇’s participation therein.

Appears in 1 contract

Sources: Credit Agreement (Chuy's Holdings, Inc.)