ALL REVOLVING LOANS THEN OUTSTANDING AND
(II) THE AGGREGATE
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PRINCIPAL AMOUNT OF ALL SWINGLINE LOANS THEN OUTSTANDING, AN AMOUNT EQUAL TO THE
TOTAL REVOLVING LOAN COMMITMENT AT SUCH TIME, AND (II) EACH LETTER OF CREDIT
SHALL BY ITS TERMS TERMINATE (X) IN THE CASE OF STANDBY LETTERS OF CREDIT, ON OR
BEFORE THE EARLIER OF (A) THE DATE WHICH OCCURS 12 MONTHS AFTER THE DATE OF THE
ISSUANCE THEREOF (ALTHOUGH ANY SUCH STANDBY LETTER OF CREDIT SHALL BE EXTENDIBLE
FOR SUCCESSIVE PERIODS OF UP TO 12 MONTHS, BUT, IN EACH CASE, NOT BEYOND THE
TENTH BUSINESS DAY PRIOR TO THE REVOLVING LOAN MATURITY DATE, ON TERMS
ACCEPTABLE TO THE ISSUING LENDER) AND (B) TEN BUSINESS DAYS PRIOR TO THE
REVOLVING LOAN MATURITY DATE, AND (Y) IN THE CASE OF TRADE LETTERS OF CREDIT, ON
OR BEFORE THE EARLIER OF (A) THE DATE WHICH OCCURS 180 DAYS AFTER THE DATE OF
ISSUANCE THEREOF AND (B) TEN DAYS PRIOR TO THE REVOLVING LOAN MATURITY DATE.
3.03.
LETTER OF CREDIT REQUESTS; MINIMUM STATED AMOUNT.
(A)
WHENEVER THE BORROWER DESIRES THAT A LETTER OF CREDIT BE ISSUED
FOR ITS ACCOUNT, THE BORROWER SHALL GIVE THE ADMINISTRATIVE AGENT AND THE
RESPECTIVE ISSUING LENDER AT LEAST FIVE BUSINESS DAYS' (OR SUCH SHORTER PERIOD
AS IS ACCEPTABLE TO SUCH ISSUING LENDER) WRITTEN NOTICE THEREOF (INCLUDING BY
WAY OF FACSIMILE).
EACH NOTICE SHALL BE IN THE FORM OF EXHIBIT C, APPROPRIATELY
COMPLETED (EACH, A "LETTER OF CREDIT REQUEST").
(B)
THE MAKING OF EACH LETTER OF CREDIT REQUEST SHALL BE DEEMED TO BE
A REPRESENTATION AND WARRANTY BY THE BORROWER TO THE LENDERS THAT SUCH LETTER OF
CREDIT MAY BE ISSUED IN ACCORDANCE WITH, AND WILL NOT VIOLATE THE REQUIREMENTS
OF, SECTION 3.02.
UNLESS THE RESPECTIVE ISSUING LENDER HAS RECEIVED NOTICE FROM
THE BORROWER, ANY OTHER CREDIT PARTY OR THE REQUIRED LENDERS BEFORE IT ISSUES A
LETTER OF CREDIT THAT ONE OR MORE OF THE CONDITIONS SPECIFIED IN SECTION 6 OR 7
ARE NOT THEN SATISFIED, OR THAT THE ISSUANCE OF SUCH LETTER OF CREDIT WOULD
VIOLATE SECTION 3.02, THEN SUCH ISSUING LENDER SHALL, SUBJECT TO THE TERMS AND
CONDITIONS OF THIS AGREEMENT, ISSUE THE REQUESTED LETTER OF CREDIT FOR THE
ACCOUNT OF THE BORROWER IN ACCORDANCE WITH SUCH ISSUING LENDER'S USUAL AND
CUSTOMARY PRACTICES.
UPON THE ISSUANCE OF OR MODIFICATION OR AMENDMENT TO ANY
STANDBY LETTER OF CREDIT, EACH ISSUING LENDER SHALL PROMPTLY NOTIFY THE BORROWER
AND THE ADMINISTRATIVE AGENT, IN WRITING OF SUCH ISSUANCE, MODIFICATION OR
AMENDMENT AND SUCH NOTICE SHALL BE ACCOMPANIED BY A COPY OF SUCH LETTER OF
CREDIT OR THE RESPECTIVE MODIFICATION OR AMENDMENT THERETO, AS THE CASE MAY BE.
PROMPTLY AFTER RECEIPT OF SUCH NOTICE THE ADMINISTRATIVE AGENT SHALL NOTIFY THE
PARTICIPANTS, IN WRITING, OF SUCH ISSUANCE, MODIFICATION OR AMENDMENT.
ON THE
FIRST BUSINESS DAY OF EACH WEEK, EACH ISSUING LENDER SHALL FURNISH THE
ADMINISTRATIVE AGENT WITH A WRITTEN (INCLUDING VIA FACSIMILE) REPORT OF THE
DAILY AGGREGATE OUTSTANDINGS OF TRADE LETTERS OF CREDIT ISSUED BY SUCH ISSUING
LENDER FOR THE IMMEDIATELY