Common use of Requests for Issuance Clause in Contracts

Requests for Issuance. Whenever the Borrower desires the issuance or extension (other than an automatic extension) of a Letter of Credit, it shall deliver to the Facing Agent and the Agent (with a duplicate copy to the Agent's Letter of Credit department at One Bankers Trust Plaza, 1▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attn: Commercial Loan Division, Standby L/C Unit, 14th Floor for Standby Letters of Credit and to the Agent's Global Assets Letter of Credit Division, 1▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attn: Trade Letter of Credit, 12th Floor for Commercial Letters of Credit) a written notice in the form of Exhibit 2.12 hereto no later than 1:00 p.m., (New York City time) at least five (5) Business Days (or such shorter period as may be agreed to by the Facing Agent in any particular instance) in advance of the proposed date of issuance or extension. That notice shall specify (i) the proposed date of issuance or extension (which shall be a Business Day), (ii) the type of Letter of Credit, (iii) the Stated Amount of the Letter of Credit, (iv) the expiration date of the Letter of Credit, (v) the name and address of the beneficiary (which shall be a Permitted Beneficiary) and (vi) such other information as the Facing Agent may reasonably request. Prior to the date of issuance, the Borrower shall specify a precise description of the documents and the verbatim text of any certificate to be presented by the beneficiary which, if presented by the beneficiary on or prior to the expiration date of the Letter of Credit, would require the Facing Agent to make payment under the Letter of Credit; provided, however, that the Facing Agent, in its sole judgment, may require changes in any such documents and certificates. In determining whether to pay under any Letter of Credit, the Facing Agent shall be responsible only to determine that the documents and certificates required to be delivered under that Letter of Credit have been delivered and that they comply on their face with the requirements of that Letter of Credit. In the event that any terms or conditions of such written notice of issuance or amendment or any other document delivered in connection therewith are inconsistent with the terms and conditions of this Agreement, the terms and conditions of this Agreement shall control.

Requests for Issuance. Whenever the Borrower desires the issuance or extension (other than an automatic extension) of a Letter of Credit, it shall deliver to the Facing Agent and the Agent (with a duplicate copy to the Agent's Letter of Credit department at One Bankers Trust Plaza, 1▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attn: Commercial Loan Division, Standby L/C Unit, 14th Floor for Standby Letters of Credit and to the Agent's Global Assets Letter of Credit Division, 1▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attn: Trade Letter of Credit, 12th Floor for Commercial Letters of Credit) a written notice in the form of Exhibit EXHIBIT 2.12 hereto no later than 1:00 p.m., (New York City time) at least five (5) Business Days (or such shorter period as may be agreed to by the Facing Agent in any particular instance) in advance of the proposed date of issuance or extension. That notice shall specify (i) the proposed date of issuance or extension (which shall be a Business Day), (ii) the type of Letter of Credit, (iii) the Stated Amount of the Letter of Credit, (iv) the expiration date of the Letter of Credit, (v) the name and address of the beneficiary (which shall be a Permitted Beneficiary) and (vi) such other information as the Facing Agent may reasonably request. Prior to the date of issuance, the Borrower shall specify a precise description of the documents and the verbatim text of any certificate to be presented by the beneficiary which, if presented by the beneficiary on or prior to the expiration date of the Letter of Credit, would require the Facing Agent to make payment under the Letter of Credit; providedPROVIDED, howeverHOWEVER, that the Facing Agent, in its sole judgment, may require changes in any such documents and certificates. In determining whether to pay under any Letter of Credit, the Facing Agent shall be responsible only to determine that the documents and certificates required to be delivered under that Letter of Credit have been delivered and that they comply on their face with the requirements of that Letter of Credit. In the event that any terms or conditions of such written notice of issuance or amendment or any other document delivered in connection therewith are inconsistent with the terms and conditions of this Agreement, the terms and conditions of this Agreement shall control.

Requests for Issuance. Whenever the Borrower desires the issuance or extension (other than an automatic extension) of a Letter of Credit, it shall deliver to the Facing Agent and the Agent (with a duplicate copy to the Agent's Each Facility Letter of Credit department shall be issued or amended upon notice given at One Bankers Trust Plaza, 1▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attn: Commercial Loan Division, Standby L/C Unit, 14th Floor for Standby Letters of Credit and least three (3) Business Days' prior to the Agent's Global Assets Letter of Credit Division, 1▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attn: Trade Letter of Credit, 12th Floor for Commercial Letters of Credit) a written notice in the form of Exhibit 2.12 hereto no later than 1:00 p.m., (New York City time) at least five (5) Business Days proposed issuance date (or such shorter period as may be agreed to by the Facing Agent in any particular instanceproposed Issuing Bank) in advance accordance herewith and with the terms of any separate agreement, instrument or other document, if any, between the Borrower and the proposed date of Issuing Bank thereof providing for the issuance or extensionamendment of such Facility Letter of Credit pursuant to this Agreement and containing terms and conditions not inconsistent with this Agreement (a "Letter of Credit Application"), provided that if any such terms and conditions are inconsistent with this Agreement, this Agreement shall control. That notice Each such request for the issuance of a Facility Letter of Credit (an "LOC Request") shall specify be given in writing, specifying (i) the proposed requested date of such issuance or extension (which shall be a Business Day), (ii) the type amount of such Facility Letter of CreditCredit (which shall not be less than $5,000 but not more than the LOC Availability), (iii) the Stated Amount expiration date of the such Facility Letter of Credit, (iv) the expiration date name and address of the beneficiary of such Facility Letter of Credit, (v) the name and address terms of such Facility Letter of Credit (including a precise description of the documents and the text of any certificate to be delivered by the beneficiary (which shall be of such Facility Letter of Credit in connection with a Permitted Beneficiary) drawing thereunder and (vi) such other information as the Facing Agent may reasonably request. Prior shall be required pursuant to the date relevant Letter of issuanceCredit Application. Concurrently with its delivery of an LOC Request to an Issuing Bank, the Borrower shall specify deliver a precise description copy thereof, by facsimile transmission, telex or cable, to the Agent who shall thereupon notify each Lender of the documents such LOC Request and the verbatim text terms thereof. Subject to the terms of any certificate to be presented by the beneficiary whichthis Agreement, if presented by the beneficiary on or prior to the expiration date of the Letter of Credit, would require the Facing Agent to make payment under the Letter of Credit; provided, however, that the Facing Agent, in its sole judgment, may require changes in any such documents and certificates. In determining whether to pay under any Letter of Credit, the Facing Agent shall be responsible only to determine that the documents and certificates required to be delivered under that Letter of Credit have been delivered and that they comply on their face with the requirements of that Letter of Credit. In the event that any terms or conditions of such written notice of issuance or amendment or any other document delivered in connection therewith are inconsistent with the requested terms and conditions of this Agreement, the terms and conditions such Facility Letter of this Agreement shall control.Credit are reasonably acceptable to