AGENT AND THE ISSUING
BANK IN THEIR SOLE DISCRETION MAY AGREE) A NOTICE REQUESTING THE ISSUANCE OF A
LETTER OF CREDIT, OR IDENTIFYING THE LETTER OF CREDIT TO BE AMENDED OR EXTENDED,
AND SPECIFYING THE DATE OF ISSUANCE, AMENDMENT OR EXTENSION (WHICH SHALL BE A
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BUSINESS DAY), THE DATE ON WHICH SUCH LETTER OF CREDIT IS TO EXPIRE (WHICH SHALL
COMPLY WITH PARAGRAPH (C) OF THIS SECTION), THE AMOUNT AND CURRENCY (WHICH MAY
BE DOLLARS OR AN ALTERNATE CURRENCY) OF SUCH LETTER OF CREDIT, THE NAME AND
ADDRESS OF THE BENEFICIARY THEREOF, WHETHER SUCH LETTER OF CREDIT CONSTITUTES A
STANDBY LETTER OF CREDIT OR A TRADE LETTER OF CREDIT, AND SUCH OTHER INFORMATION
AS SHALL BE NECESSARY TO ISSUE, AMEND OR EXTEND SUCH LETTER OF CREDIT.
IF
REQUESTED BY THE APPLICABLE ISSUING BANK, THE APPLICABLE BORROWER ALSO SHALL
SUBMIT A LETTER OF CREDIT APPLICATION ON SUCH ISSUING BANK'S STANDARD FORM IN
CONNECTION WITH ANY REQUEST FOR A LETTER OF CREDIT.
A LETTER OF CREDIT SHALL BE
ISSUED, AMENDED OR EXTENDED ONLY IF (AND UPON ISSUANCE, AMENDMENT OR EXTENSION
OF EACH LETTER OF CREDIT THE APPLICABLE BORROWER SHALL BE DEEMED TO REPRESENT
AND WARRANT THAT), AFTER GIVING EFFECT TO SUCH ISSUANCE, AMENDMENT OR EXTENSION
(I) THE REVOLVING L/C EXPOSURE SHALL NOT EXCEED THE LETTER OF CREDIT SUBLIMIT,
(II) THE REVOLVING FACILITY CREDIT EXPOSURE SHALL NOT EXCEED THE TOTAL REVOLVING
FACILITY COMMITMENTS AND (III) NO ALTERNATE CURRENCY LETTER OF CREDIT SHALL BE
ISSUED IF, AFTER GIVING EFFECT THERETO, THE AGGREGATE AMOUNT OF REVOLVING L/C
EXPOSURE WITH RESPECT TO ALL ALTERNATE CURRENCY LETTERS OF CREDIT WOULD EXCEED
$10.0 MILLION.
(C)
EXPIRATION DATE.
EACH STANDBY LETTER OF CREDIT SHALL EXPIRE AT OR
PRIOR TO THE CLOSE OF BUSINESS ON THE EARLIER OF (I) THE DATE ONE YEAR (UNLESS
OTHERWISE AGREED UPON BY THE ADMINISTRATIVE AGENT AND THE ISSUING BANK IN THEIR
SOLE DISCRETION) AFTER THE DATE OF THE ISSUANCE OF SUCH STANDBY LETTER OF CREDIT
(OR, IN THE CASE OF ANY EXTENSION THEREOF, ONE YEAR (UNLESS OTHERWISE AGREED
UPON BY THE ADMINISTRATIVE AGENT AND THE ISSUING BANK IN THEIR SOLE DISCRETION)
AFTER SUCH RENEWAL OR EXTENSION) AND (II) THE DATE THAT IS FIVE BUSINESS DAYS
PRIOR TO THE REVOLVING FACILITY MATURITY DATE; PROVIDED, THAT ANY STANDBY LETTER
OF CREDIT WITH A ONE YEAR TENOR MAY PROVIDE FOR AUTOMATIC EXTENSION THEREOF FOR
ADDITIONAL ONE YEAR PERIODS (WHICH, IN NO EVENT, SHALL EXTEND BEYOND THE DATE
REFERRED TO IN CLAUSE (II) OF THIS PARAGRAPH (C)) SO LONG AS SUCH STANDBY LETTER
OF CREDIT PERMITS THE ISSUING BANK TO PREVENT ANY SUCH EXTENSION AT LEAST ONCE
IN EACH TWELVE-MONTH PERIOD (COMMENCING WITH THE DATE OF ISSUANCE OF SUCH
STANDBY LETTER OF CREDIT) BY GIVING PRIOR NOTICE TO THE BENEFICIARY THEREOF
WITHIN A TIME PERIOD DURING SUCH TWELVE-MONTH PERIOD TO BE AGREED UPON AT THE
TIME SUCH STANDBY LETTER OF CREDIT IS ISSUED; PROVIDED, FURTHER, THAT IF THE
ISSUING BANK AND THE ADMINISTRATIVE AGENT EACH CONSENT IN THEIR SOLE DISCRETION,
THE EXPIRATION DATE ON ANY STANDBY