OF CREDIT REQUESTED
(WHICH STATED AMOUNT SHALL NOT BE LESS THAN $50,000);
2)
THE EFFECTIVE DATE (WHICH DAY SHALL BE A BUSINESS DAY) OF
ISSUANCE OF SUCH REQUESTED FACILITY LETTER OF CREDIT (THE "ISSUANCE DATE");
3)
THE DATE ON WHICH SUCH REQUESTED FACILITY LETTER OF CREDIT IS TO
EXPIRE WHICH DATE (EXCLUSIVE OF AUTOMATIC EXTENSION PERIODS SO LONG AS THE
FACILITY LETTER OF CREDIT GIVES THE ISSUING BANK THE RIGHT TO ISSUE A NOTICE
THAT THE EXPIRATION DATE WILL NOT BE EXTENDED) SHALL BE A BUSINESS DAY AND SHALL
IN NO EVENT BE LATER THAN THE EARLIER OF FIFTEEN MONTHS AFTER THE ISSUANCE DATE
AND THE BUSINESS DAY IMMEDIATELY PRECEDING THE FACILITY TERMINATION DATE;
4)
THE PURPOSE FOR WHICH SUCH FACILITY LETTER OF CREDIT IS TO BE
ISSUED (SUCH PURPOSE SHALL COMPLY WITH THE REQUIREMENTS OF SECTION 7.2);
5)
THE PERSON FOR WHOSE BENEFIT THE REQUESTED FACILITY LETTER OF
CREDIT IS TO BE ISSUED; AND
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6)
ANY SPECIAL LANGUAGE REQUIRED TO BE INCLUDED IN THE FACILITY
LETTER OF CREDIT.
At the time such request is made, the Borrower shall also provide the
Administrative Agent and the Issuing Bank with a copy of the form of the
Facility Letter of Credit that the Borrower is requesting be issued, which shall
be subject to the reasonable approval of the Issuing Bank and Administrative
Agent.
Such notice, to be effective, must be received by such Issuing Bank and
the Administrative Agent not later than 2:00 p.m. (Chicago time) on the last
Business Day on which notice can be given under this Section 3.4(a).
Administrative Agent shall promptly but in no event later than three (3)
Business Days prior to the Issuance Date give a copy of the Letter of Credit
Request to the other Lenders.
Borrower shall also deliver the compliance
certificate required in Section 5.2 together with each Letter of Credit Request.
(B)
SUBJECT TO THE TERMS AND CONDITIONS OF THIS ARTICLE III AND
PROVIDED THAT THE APPLICABLE CONDITIONS SET FORTH IN SECTION 5.2 HEREOF HAVE
BEEN SATISFIED, SUCH ISSUING BANK SHALL, ON THE ISSUANCE DATE, ISSUE A FACILITY
LETTER OF CREDIT ON BEHALF OF THE BORROWER IN ACCORDANCE WITH THE LETTER OF
CREDIT REQUEST AND THE ISSUING BANK'S USUAL AND CUSTOMARY BUSINESS PRACTICES
UNLESS THE ISSUING BANK HAS ACTUALLY RECEIVED (I) WRITTEN NOTICE FROM THE
BORROWER SPECIFICALLY REVOKING THE LETTER OF CREDIT REQUEST WITH RESPECT TO SUCH
FACILITY LETTER OF CREDIT, OR (II) WRITTEN OR TELEPHONIC NOTICE FROM THE
ADMINISTRATIVE AGENT STATING THAT THE ISSUANCE OF SUCH FACILITY LETTER OF CREDIT
WOULD VIOLATE SECTION 3.2.
(C)
THE ISSUING BANK SHALL GIVE THE ADMINISTRATIVE AGENT AND THE
BORROWER WRITTEN OR TELEX NOTICE, OR TELEPHONIC NOTICE CONFIRMED PROMPTLY
THEREAFTER IN WRITING, OF THE ISSUANCE OF A FACILITY LETTER OF CREDIT (THE
"ISSUANCE NOTICE") AND ADMINISTRATIVE AGENT SHALL PROMPTLY GIVE A COPY OF THE
ISSUANCE NOTICE TO THE OTHER LENDERS.
(D)
THE ISSUING BANK SHALL NOT EXTEND OR AMEND ANY FACILITY LETTER OF
CREDIT (OTHER THAN AN AUTOMATIC EXTENSION) UNLESS THE REQUIREMENTS