Sunoco 2013 Annual Report Download - page 192

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(f) all other conditions in this Agreement to the issuance of such Letter of Credit have
been satisfied; and
(g) LC Issuer will honor any such request if the foregoing conditions (a) through (f) (the
"LC Conditions") have been met as of the date of issuance, amendment, or extension of such Letter
of Credit.
2.08 Requesting Letters of Credit.
The Borrower must make written application for any Letter of Credit at least three Business
Days (or such shorter period as may be agreed upon by the applicable LC Issuer) before the date
on which the Borrower desires for a LC Issuer to issue such Letter of Credit. By making any such
written application, unless otherwise expressly stated therein, the Borrower shall be deemed to have
represented and warranted that the LC Conditions will be met as of the date of issuance of such
Letter of Credit. Each such written application for a Letter of Credit must be made in the form of
a LC Application appropriately completed and signed by a Responsible Officer of the Borrower.
In the case of a request for an initial issuance of a Letter of Credit, such LC Application shall specify
in form and detail satisfactory to the applicable LC Issuer: (i) the proposed issuance date of the
requested Letter of Credit (which shall be a Business Day); (ii) the amount thereof; (iii) the expiry
date thereof; (iv) the name and address of the beneficiary thereof; (v) the documents to be presented
by such beneficiary in case of any drawing thereunder; (vi) the full text of any certificate to be
presented by such beneficiary in case of any drawing thereunder; (vii) the purpose and nature of
the requested Letter of Credit; and (viii) such other matters as the applicable LC Issuer may require.
In the case of a request for an amendment of any outstanding Letter of Credit, such LC Application
shall specify in form and detail satisfactory to the applicable LC Issuer (i) the Letter of Credit to
be amended; (ii) the proposed date of amendment thereof (which shall be a Business Day); (iii) the
nature of the proposed amendment; and (iv) such other matters as the applicable LC Issuer may
require. Additionally, the Borrower shall furnish to the applicable LC Issuer and the Administrative
Agent such other documents and information pertaining to such requested Letter of Credit issuance
or amendment, including any Issuer Documents, as the applicable LC Issuer or the Administrative
Agent may require. If all LC Conditions for a Letter of Credit have been met on any Business Day
before 11:00 a.m. (or such later time as may be agreed upon by the applicable LC Issuer), the
applicable LC Issuer will issue such Letter of Credit on the same Business Day at such LC Issuer’s
Lending Office. If the LC Conditions are met on any Business Day on or after 11:00 a.m., the
applicable LC Issuer will issue such Letter of Credit on the next succeeding Business Day at such
LC Issuer’s Lending Office. If any provisions of any LC Application conflict with any provisions
of this Agreement, the provisions of this Agreement shall govern and control. Unless otherwise
directed by the applicable LC Issuer, the Borrower shall not be required to make a specific request
to such LC Issuer for any extension of an Auto-Extension Letter of Credit. Once an Auto-Extension
Letter of Credit has been issued, the Lenders shall be deemed to have authorized (but may not
require) such LC Issuer to permit the extension of such Letter of Credit at any time to an expiry
date not later than the Letter of Credit Expiration Date; provided, however, that a LC Issuer shall
not permit any such extension if (A) such LC Issuer has determined that it would not be permitted
at such time to issue such Letter of Credit in its revised form (as extended) under the terms hereof,