Common use of Conditions to Issuance Clause in Contracts

Conditions to Issuance. If (i) the requested form of such ---------------------- Letter of Credit is acceptable to the Administrative Agent and the L/C Bank in the reasonable discretion of each, and (ii) such L/C Bank has not received notice from the Administrative Agent or the Required Lenders that the Issuance of such Letter of Credit is not authorized because such Issuance would not comply with the requirements of clause (a) or (b) of Section 3.01 or one or more of the conditions set forth in Section 4.02 has not been satisfied, then such L/C Bank will, upon fulfillment of the applicable conditions set forth in Section 4.02 (which fulfillment such L/C Bank may assume in the absence of actual knowledge, or notice received from the Borrower, the Administrative Agent or the Required Lenders, to the contrary) and subject to the provisions of this Article III, make such Letter of Credit available to the Borrower at the Administrative Agent's office referred to in Section 9.02 or as otherwise agreed upon with the Borrower in connection with such Issuance. In the event and to the extent that the provisions of any Letter of Credit Agreement shall conflict with this Agreement, the provisions of this Agreement shall govern.

Appears in 1 contract

Samples: Credit Agreement (Smart & Final Inc/De)

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Conditions to Issuance. If (i) the requested form of such ---------------------- ----------------------- Letter of Credit is acceptable to the Administrative Agent and the L/C Issuing Bank in the reasonable discretion of each, and (ii) in the case of any Issuing Bank other than the Letter of Credit Bank, such L/C Issuing Bank elects in its sole discretion to Issue the requested Letter of Credit, and (iii) such Issuing Bank has not received notice from the Administrative Agent or the Required Lenders any Revolving Lender that the Issuance of such Letter of Credit is not authorized because such Issuance would not comply with the requirements of clause (a) or (b) of Section 3.01 or one or more of the conditions set forth in Section 4.02 has not been satisfied, then such L/C Issuing Bank will, upon fulfillment of the applicable conditions set forth in Section 4.02 (which fulfillment such L/C Issuing Bank may assume in the absence of actual knowledge, or notice received from the Borrower, the Administrative Agent or the Required Lendersany Revolving Lender, to the contrary) and subject to the provisions of this Article III, make such Letter of Credit available to the Borrower at the Administrative Agent's its office referred to in Section 9.02 or as otherwise agreed upon with the Borrower in connection with such Issuance. In the event and to the extent that the provisions of any Letter of Credit Agreement shall conflict with this Agreement, the provisions of this Agreement shall govern.

Appears in 1 contract

Samples: Credit Agreement (Panolam Industries Inc)

Conditions to Issuance. If (i) the requested form of such ---------------------- Letter of Credit is acceptable to the Administrative Agent and the L/C Bank in the reasonable discretion of each, and (ii) such L/C Bank has not received notice from the Administrative Agent or the Required Lenders that the Issuance of such Letter of Credit is not authorized because such Issuance would not comply with the requirements of clause (a) or (b) of Section 3.01 or one or more of the conditions set forth in Section 4.02 has not been satisfied, then such L/C Bank will, upon fulfillment of the applicable conditions set forth in Section 4.02 (which fulfillment such L/C Bank may assume in the absence of actual knowledge, or notice received from the Borrower, the Administrative Agent or the Required Lenders, to the contrary) and subject to the provisions of this Article III, make such Letter of Credit available to the Borrower at the Administrative Agent's ’s office referred to in Section 9.02 or as otherwise agreed upon with the Borrower in connection with such Issuance. In the event and to the extent that the provisions of any Letter of Credit Agreement shall conflict with this Agreement, the provisions of this Agreement shall govern.

Appears in 1 contract

Samples: Credit Agreement (Smart & Final Inc/De)

Conditions to Issuance. If (i) the requested form of such ---------------------- Letter of Credit is acceptable to the Administrative Agent and the L/C Bank in the reasonable discretion of each, each and (ii) such the L/C Bank has not received notice from the Administrative Agent or Revolving Lenders holding at least 51% of the Required Lenders Revolving Commitments that the Issuance of such Letter of Credit is not authorized because such Issuance would not comply with the requirements of clause (a) or (b) of Section 3.01 3.1 or one or more of the conditions set forth in Section 4.02 4.2 has not been satisfied, then such the L/C Bank will, upon fulfillment of the applicable conditions set forth in Section 4.02 4.2 (which fulfillment such the L/C Bank may assume in the absence of actual knowledge, or notice received from the Borrower, the Administrative Agent or the Required Lenders, to the contrary) and subject to the provisions of this Article III, make such Letter of Credit available to the Borrower at the Administrative Agent's its office referred to in Section 9.02 9.2 or as otherwise agreed upon with the Borrower in connection with such Issuance. In the event and to the extent that the provisions of any Letter of Credit L/C Agreement shall conflict with this Agreement, the provisions of this Agreement shall govern.

Appears in 1 contract

Samples: Credit Agreement (Uscs International Inc)

Conditions to Issuance. If (i) the requested form of such ---------------------- Letter of Credit is acceptable to the Administrative Agent and the L/C Issuing Bank in the reasonable discretion of each, and (ii) such in the case of any Issuing Bank other than the L/C Bank, such Issuing Bank elects in its sole discretion to Issue the requested Letter of Credit, and (iii) such Issuing Bank has not received notice from the Administrative Agent or the Required Lenders that the Issuance of such Letter of Credit is not authorized because such Issuance would not comply with the requirements of clause (a) or (b) of Section 3.01 or one or more of the conditions set forth in Section 4.02 has not been satisfied, then such L/C Issuing Bank will, upon fulfillment of the applicable conditions set forth in Section 4.02 (which fulfillment such L/C Issuing Bank may assume in the absence of actual knowledge, or notice received from the Borrower, the Administrative Agent or the Required Lenders, to the contrary) and subject to the provisions of this Article III, make such Letter of Credit available to the Borrower at the Administrative Agent's its office referred to in Section 9.02 or as otherwise agreed upon with the Borrower in connection with such Issuance. In the event and to the extent that the provisions of any Letter of Credit Agreement shall conflict with this Agreement, the provisions of this Agreement shall govern.

Appears in 1 contract

Samples: Revolving Credit Agreement (Foodmaker Inc /De/)

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Conditions to Issuance. If (i) the requested form of such Letter ---------------------- Letter of Credit is acceptable to the Administrative Agent and the L/C Issuing Bank in the reasonable discretion of each, and (ii) such in the case of any Issuing Bank other than the L/C Bank, such Issuing Bank elects in its sole discretion to Issue the requested Letter of Credit, and (iii) such Issuing Bank has not received notice from the Administrative Agent or the Required Lenders that the Issuance of such Letter of Credit is not authorized because such Issuance would not comply with the requirements of clause (a) or (b) of Section 3.01 or one or more of the conditions set forth in Section 4.02 has not been satisfied, then such L/C Issuing Bank will, upon fulfillment of the applicable conditions set forth in Section 4.02 (which fulfillment such L/C Issuing Bank may assume in the absence of actual knowledge, or notice received from the Borrower, the Administrative Agent or the Required Lenders, to the contrary) and subject to the provisions of this Article III, make such Letter of Credit available to the Borrower at the Administrative Agent's its office referred to in Section 9.02 or as otherwise agreed upon with the Borrower in connection with such Issuance. In the event and to the extent that the provisions of any Letter of Credit Agreement shall conflict with this Agreement, the provisions of this Agreement shall govern.

Appears in 1 contract

Samples: Schedules and Exhibits (Smart & Final Inc/De)

Conditions to Issuance. If (i) the requested form of such Letter ---------------------- Letter of Credit is acceptable to the Administrative Agent and the L/C Bank in the reasonable discretion of each, and (ii) such the L/C Bank has not received notice from the Administrative Agent or the Required Lenders that the Issuance of such Letter of Credit is not authorized because such Issuance would not comply with the requirements of clause (a) or (b) of Section 3.01 or one or more of the conditions set forth in Section 4.02 has not been satisfied, then such the L/C Bank will, upon fulfillment of the applicable conditions set forth in Section 4.02 (which fulfillment such the L/C Bank may assume in the absence of actual knowledge, knowledge or notice received from the Borrower, the Administrative Agent or the Required Lenders, to the contrary) and subject to the provisions of this Article III, make such Letter of Credit available to the Borrower at the Administrative Agent's its office referred to in Section 9.02 or as otherwise agreed upon with the Borrower in connection with such Issuance. In the event and to the extent that the provisions of any Letter of Credit Agreement shall conflict with this Agreement, the provisions of this Agreement shall govern.

Appears in 1 contract

Samples: Schedules and Exhibits (National Golf Properties Inc)

Conditions to Issuance. If (i) the requested form of such ---------------------- Letter of Credit is acceptable to the Administrative Agent and the L/C Issuing Bank in the reasonable discretion of each, and (ii) in the case of any Issuing Bank other than the Letter of Credit Bank, such L/C Issuing Bank elects in its sole discretion to Issue the requested Letter of Credit, and (iii) such Issuing Bank has not received notice from the Administrative Agent or the Required Lenders any Revolving Lender that the Issuance of such Letter of Credit is not authorized because such Issuance would not comply with the requirements of clause (a) or (b) of Section 3.01 or one or more of the conditions set forth in Section 4.02 has not been satisfied, then such L/C Issuing Bank will, upon fulfillment of the applicable conditions set forth in Section 4.02 (which fulfillment such L/C Issuing Bank may assume in the absence of actual knowledge, or notice received from the Borrower, the Administrative Agent or the Required Lendersany Revolving Lender, to the contrary) and subject to the provisions of this Article III, make such Letter of Credit available to the Borrower at the Administrative Agent's its office referred to in Section 9.02 or as otherwise agreed upon with the Borrower in connection with such Issuance. In the event and to the extent that the provisions of any Letter of Credit Agreement shall conflict with this Agreement, the provisions of this Agreement shall govern.

Appears in 1 contract

Samples: Credit Agreement (Panolam Industries Inc)

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