Common use of Applicability of ISP and UCP; Limitation of Liability Clause in Contracts

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed in writing by the applicable Issuing Bank and the Borrower when a Letter of Credit is issued, the rules of the ISP shall apply to each Letter of Credit. Notwithstanding the foregoing, no Issuing Bank shall be responsible to the Borrower for, and no Issuing Bank’s rights or remedies against the Borrower shall be impaired by, any action or inaction of the Issuing Bank required or permitted under any law, order or practice that is required or permitted to be applied to any Letter of Credit or this Agreement, including the law or any order of any jurisdiction whether the applicable Issuing Bank or the applicable beneficiary is located, the practice stated in the ISP or the UCP, as applicable, or in the decisions, opinions, practice statements or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade – International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 3 contracts

Samples: Agreement (Four Corners Property Trust, Inc.), Credit and Term Loan Agreement (Four Corners Property Trust, Inc.), Credit and Term Loan Agreement (Four Corners Property Trust, Inc.)

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Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed in writing by the applicable Issuing Bank L/C Issuer and the Borrower PRA when a Letter of Credit is issued, the rules of the ISP shall apply to each standby Letter of Credit. Notwithstanding the foregoing, no Issuing Bank the L/C Issuer shall not be responsible to the Borrower PRA for, and no Issuing Bankthe L/C Issuer’s rights or and remedies against the Borrower PRA shall not be impaired by, any action or inaction of the Issuing Bank L/C Issuer required or permitted under any law, order or industry practice that is required or permitted to be applied to any Letter of Credit or this Agreement, including the law Law or any order of any a jurisdiction whether where the applicable Issuing Bank L/C Issuer or the applicable beneficiary is located, the practice stated in the ISP or the UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 2 contracts

Samples: Credit Agreement (Pra Group Inc), Credit Agreement (Portfolio Recovery Associates Inc)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed in writing by the applicable Issuing Bank L/C Issuer and the Borrower Parent when a Letter of Credit is issued, issued the rules of the ISP shall apply to each Letter of Credit. Notwithstanding the foregoing, no Issuing Bank the L/C Issuer shall not be responsible to the Borrower Parent for, and no Issuing Bankthe L/C Issuer’s rights or and remedies against the Borrower Parent shall not be impaired by, any action or inaction of the Issuing Bank L/C Issuer required or permitted under any lawLaw, order order, or practice that is required or permitted to be applied to any Letter of Credit or this Agreement, including the law Law or any order of any a jurisdiction whether where the applicable Issuing Bank L/C Issuer or the applicable beneficiary is located, the practice stated in the ISP or the UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law Law or practice.

Appears in 2 contracts

Samples: Credit Agreement (Balchem Corp), Credit Agreement (Balchem Corp)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed in writing by the applicable Issuing Bank L/C Issuer and the Borrower when a Letter of Credit is issued, the rules of the ISP shall apply to each standby Letter of Credit. Notwithstanding the foregoing, no Issuing Bank the L/C Issuer shall not be responsible to the Borrower for, and no Issuing Bankthe L/C Issuer’s rights or and remedies against the Borrower shall not be impaired by, any action or inaction of the Issuing Bank L/C Issuer required or permitted under any law, order order, or practice that is required or permitted to be applied to any Letter of Credit or this Agreement, including the law Law or any order of any a jurisdiction whether where the applicable Issuing Bank L/C Issuer or the applicable beneficiary is located, the practice stated in the ISP or the UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practiceas applicable.

Appears in 2 contracts

Samples: Credit Agreement (Cisco Systems, Inc.), Credit Agreement (Cisco Systems, Inc.)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed in writing by the applicable Issuing Bank L/C Issuer and the Borrower PRA when a Letter of Credit is issued, the rules of the ISP shall apply to each standby Letter of Credit. Notwithstanding the foregoing, no Issuing Bank L/C Issuer shall be responsible to the Borrower PRA for, and no Issuing Bankeach L/C Issuer’s rights or and remedies against the Borrower PRA shall not be impaired by, any action or inaction of the Issuing Bank such L/C Issuer required or permitted under any law, order or industry practice that is required or permitted to be applied to any Letter of Credit or this Agreement, including the law Law or any order of any a jurisdiction whether the applicable Issuing Bank where such L/C Issuer or the applicable beneficiary is located, the practice stated in the ISP or the UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 2 contracts

Samples: Credit Agreement (Pra Group Inc), Credit Agreement (Pra Group Inc)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed in writing by the applicable Issuing Bank and the Borrower Company when a Letter of Credit is issued, the rules of the ISP shall apply to each standby Letter of Credit. Notwithstanding the foregoing, no the Issuing Bank shall not be responsible to the Borrower Company for, and no the Issuing Bank’s rights or and remedies against the Borrower Company shall not be impaired by, any action or inaction of the Issuing Bank required or permitted under any law, order order, or practice that is required or permitted to be applied to any Letter of Credit or this Agreement, including the law or any order of any a jurisdiction whether where the applicable Issuing Bank or the applicable beneficiary is located, the practice stated in the ISP or the UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 2 contracts

Samples: Credit Agreement (General Mills Inc), Credit Agreement (General Mills Inc)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed in writing by the applicable Issuing Bank L/C Issuer and the Borrower when a Letter of Credit is issued, the rules of the ISP shall apply to each standby Letter of Credit. Notwithstanding the foregoing, no Issuing Bank the L/C Issuer shall not be responsible to the Borrower for, and no Issuing Bank’s the L/C Issuer's rights or and remedies against the Borrower shall not be impaired by, any action or inaction of the Issuing Bank L/C Issuer required or permitted under any law, order order, or practice that is required or permitted to be applied to any Letter of Credit or this Agreement, including the law Law or any order of any a jurisdiction whether where the applicable Issuing Bank L/C Issuer or the applicable beneficiary is located, the practice stated in the ISP or the UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practiceas applicable.

Appears in 2 contracts

Samples: Credit Agreement (Cisco Systems, Inc.), Credit Agreement (Cisco Systems, Inc.)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed in writing by the applicable Issuing Bank L/C Issuer and the Borrower Company when a Letter of Credit is issued, the rules of the ISP shall apply to each Letter of Credit. Notwithstanding the foregoing, no Issuing Bank the L/C Issuer shall not be responsible to the Borrower Company for, and no Issuing Bankthe L/C Issuer’s rights or and remedies against the Borrower Company shall not be impaired by, any action or inaction of the Issuing Bank L/C Issuer required or permitted under any lawLaw, order order, or practice that is required or permitted to be applied to any Letter of Credit or this Agreement, including the law Law or any order of any a jurisdiction whether where the applicable Issuing Bank L/C Issuer or the applicable beneficiary is located, the practice stated in the ISP or the UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law Law or practice.

Appears in 2 contracts

Samples: Credit Agreement (Shiloh Industries Inc), Credit Agreement (Shiloh Industries Inc)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed in writing by the applicable Issuing Bank and the Borrower Company when a Letter of Credit is issued, (i) the rules of the ISP shall apply to each standby Letter of Credit. Notwithstanding the foregoing, no the Issuing Bank shall not be responsible to the Borrower Company for, and no the Issuing Bank’s rights or and remedies against the Borrower Company shall not be impaired by, any action or inaction of the Issuing Bank required or permitted under any law, order order, or practice that is required or permitted to be applied to any Letter of Credit or this Agreement, including the law or any order of any a jurisdiction whether where the applicable Issuing Bank or the applicable beneficiary is located, the practice stated in the ISP or the UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 1 contract

Samples: Year Credit Agreement (General Mills Inc)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed in writing by the applicable Issuing Bank and the Borrower when a Letter of Credit is issued, issued the rules of the ISP shall apply to each standby Letter of Credit. Notwithstanding the foregoing, no the Issuing Bank shall not be responsible to the Borrower for, and no the Issuing Bank’s rights or and remedies against the Borrower shall not be impaired by, any action or inaction of the Issuing Bank required or permitted under any law, order order, or practice that is required or permitted to be applied to any Letter of Credit or this Agreement, including the law Law or any order of any a jurisdiction whether where the applicable Issuing Bank or the applicable beneficiary is located, the practice stated in the ISP or the UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Advanced Disposal Services, Inc.)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed in writing by the applicable Issuing Bank L/C Issuer and the Borrower Company when a Letter of Credit is issued, the rules of the ISP shall apply to each standby Letter of Credit. Notwithstanding the foregoing, no Issuing Bank the L/C Issuer shall not be responsible to the Borrower Company for, and no Issuing Bankthe L/C Issuer’s rights or and remedies against the Borrower Company shall not be impaired by, any action or inaction of the Issuing Bank L/C Issuer required or permitted under any law, order order, or practice that is required or permitted to be applied to any Letter of Credit or this Agreement, including the law Law or any order of any a jurisdiction whether where the applicable Issuing Bank L/C Issuer or the applicable beneficiary is located, the practice stated in the ISP or the UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 1 contract

Samples: Credit Agreement (Cdi Corp)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed in writing by the applicable Issuing Bank L/C Issuer and the Borrower when a Letter of Credit is issuedissued by it, the rules of the ISP shall apply to each Letter of Credit. Notwithstanding the foregoing, no Issuing Bank L/C Issuer shall not be responsible to the Borrower for, and no Issuing BankL/C Issuer’s rights or and remedies against the Borrower shall not be impaired by, any action or inaction of the Issuing Bank L/C Issuer required or permitted under any law, order order, or practice that is required or permitted to be applied to any Letter of Credit or this Agreement, including the law Law or any order of any a jurisdiction whether the applicable Issuing Bank where L/C Issuer or the applicable beneficiary is located, the practice stated in the ISP or the UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 1 contract

Samples: Credit Agreement (Rexford Industrial Realty, Inc.)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed in writing by the applicable Issuing Bank L/C Issuer and the Borrower when a Letter of Credit is issued, the rules of the ISP shall apply to each standby Letter of Credit. Notwithstanding the foregoing, no Issuing Bank L/C Issuer shall not be responsible to the Borrower for, and no Issuing BankL/C Issuer’s rights or and remedies against the Borrower shall not be impaired by, any action or inaction of the Issuing Bank L/C Issuer required or permitted under any law, order order, or practice that is required or permitted to be applied to any Letter of Credit or this Agreement, including the law Law or any order of any a jurisdiction whether the applicable Issuing Bank where L/C Issuer or the applicable beneficiary is located, the practice stated in the ISP or the UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade – International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 1 contract

Samples: Credit Agreement (NVR Inc)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed in writing by the applicable Issuing Bank L/C Issuer and the Borrower when a Letter of Credit is issued, the rules of the ISP shall apply to each standby Letter of Credit. Notwithstanding the foregoing, no Issuing Bank L/C Issuer shall not be responsible to the Borrower for, and no Issuing BankL/C Issuer’s rights or and remedies against the Borrower shall not be impaired by, any action or inaction of the Issuing Bank L/C Issuer required or permitted under any law, order order, or practice that is required or permitted to be applied to any Letter of Credit or this Agreement, including the law Law or any order of any a jurisdiction whether the applicable Issuing Bank where L/C Issuer or the applicable beneficiary is located, the practice stated in the ISP or the UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 1 contract

Samples: Credit Agreement (NVR Inc)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed in writing by the applicable Issuing Bank and the Borrower when a Letter of Credit is issued, the rules of the ISP shall apply to each Letter of Credit. Notwithstanding the foregoing, no Issuing Bank shall be responsible to the Borrower for, and no Issuing Bank’s rights or remedies against the Borrower shall be impaired by, any action or inaction of the Issuing Bank required or permitted under any law, order or practice that is required or permitted to be applied to any Letter of Credit or this Agreement, including the law or any order of any jurisdiction whether the applicable Issuing Bank or the applicable beneficiary is located, the practice stated in the ISP or the UCP, as applicable, or in the decisions, opinions, practice statements or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 1 contract

Samples: Lease Agreement (Four Corners Property Trust, Inc.)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed in writing by the applicable Issuing Bank L/C Issuer and the Borrower Company when a Letter of Credit is issued, the rules of the ISP shall apply to each Letter of Credit. Notwithstanding the foregoing, no Issuing Bank the L/C Issuer shall not be responsible to the Borrower Company for, and no Issuing Bankthe L/C Issuer’s rights or and remedies against the Borrower Company shall not be impaired by, any action or inaction of the Issuing Bank L/C Issuer required or permitted under any law, order order, or practice that is required or permitted to be applied to any Letter of Credit or this Agreement, including the law Law or any order of any a jurisdiction whether where the applicable Issuing Bank L/C Issuer or the applicable beneficiary is located, the practice stated in the ISP or the UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 1 contract

Samples: Credit Agreement (Shiloh Industries Inc)

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Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed in writing by the applicable Issuing Bank L/C Issuer and the Borrower when a Letter of Credit is issued, the rules of the ISP shall apply to each standby Letter of Credit. Notwithstanding the foregoing, no Issuing Bank L/C Issuer shall not be responsible to the Borrower for, and no Issuing BankL/C Issuer’s rights or and remedies against the Borrower shall not be impaired by, any action or inaction of the Issuing Bank L/C Issuer required or permitted under any law, order order, or practice that is required or permitted to be applied to any Letter of Credit or this Agreement, including the law Law or any order of any a jurisdiction whether the applicable Issuing Bank where L/C Issuer or the applicable beneficiary is located, the practice stated in the ISP or the UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit or other Issuer Document chooses such law or practice.

Appears in 1 contract

Samples: Loan Agreement (BRP Group, Inc.)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed in writing by the applicable Issuing Bank and the Borrower when a such Letter of Credit is issued, the rules of the ISP shall apply to each Letter of Credit. Notwithstanding the foregoing, no an Issuing Bank shall not be responsible to the Borrower for, and no an Issuing Bank’s rights or and remedies against the Borrower shall not be impaired by, any action or inaction of the such Issuing Bank required or permitted under any law, order or practice that is required or permitted to be applied to any Letter of Credit or this Agreement, including the law or any order of any a jurisdiction whether the applicable where such Issuing Bank or the applicable beneficiary is located, the practice stated in the ISP or the UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade – International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Tivity Health, Inc.)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed in writing by the applicable Issuing Bank Issuer and the applicable Borrower when a Letter of Credit is issued, the rules of the ISP Rules shall apply to each standby Letter of Credit. Notwithstanding the foregoing, no Issuing Bank the applicable Issuer shall not be responsible to the Borrower Borrowers for, and no Issuing Bankthe applicable Issuer’s rights or and remedies against the Borrower Borrowers shall not be impaired by, any action or inaction of the Issuing Bank such applicable Issuer required or permitted under any law, order order, or practice that is required or permitted to be applied to any Letter of Credit or this Agreement, including the law or any order of any a jurisdiction whether the where such applicable Issuing Bank Issuer or the applicable beneficiary is located, the practice stated in the ISP Rules or the UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 1 contract

Samples: Credit Agreement (Mitel Networks Corp)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed in writing by the applicable Issuing Bank Issuer and the Borrower when a Letter of Credit is issued, the rules of the ISP Rules shall apply to each standby Letter of Credit. Notwithstanding the foregoing, no Issuing Bank the Issuer shall not be responsible to the Borrower for, and no Issuing Bankthe Issuer’s rights or and remedies against the Borrower shall not be impaired by, any action or inaction of the Issuing Bank Issuer required or permitted under any law, order order, or practice that is required or permitted to be applied to any Letter of Credit or this Agreement, including the law or any order of any a jurisdiction whether where the applicable Issuing Bank Issuer or the applicable beneficiary is located, the practice stated in the ISP Rules or the UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 1 contract

Samples: Credit Agreement (Mitel Networks Corp)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed in writing by the applicable Issuing Bank and the Borrower Company when a Letter of Credit is issued, the rules of the ISP shall apply to each standby Letter of Credit. Notwithstanding the foregoing, no the Issuing Bank shall not be responsible to the Borrower Company for, and no the Issuing Bank’s rights or and remedies against the Borrower Company shall not be impaired by, any action or inaction of the Issuing Bank required or permitted under any law, order order, or practice that is required or permitted to be applied to any Letter of Credit or this Agreement, including the law or any order of any a jurisdiction whether where the applicable Issuing Bank or the applicable beneficiary is located, the practice stated in the ISP or the UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade – Trade—International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 1 contract

Samples: Credit Agreement (General Mills Inc)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed in writing by the applicable Issuing Bank L/C Issuer and the Borrower when a Letter of Credit is issued, the rules of the ISP shall apply to each Letter of Credit. Notwithstanding the foregoing, no Issuing Bank L/C Issuer shall not be responsible to the Borrower for, and no Issuing BankL/C Issuer’s rights or and remedies against the Borrower shall not be impaired by, any action or inaction of the Issuing Bank L/C Issuer required or permitted under any law, order order, or practice that is required or permitted to be applied to any Letter of Credit or this Agreement, including the law Law or any order of any a jurisdiction whether the applicable Issuing Bank where L/C Issuer or the applicable beneficiary is located, the practice stated in the ISP or the UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade – Trade—International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 1 contract

Samples: Credit Agreement (Rexford Industrial Realty, Inc.)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed in writing by the applicable Issuing Bank L/C Issuer and the Borrower when a Letter of Credit is issued, the rules of the ISP shall apply to each standby Letter of Credit. Notwithstanding the foregoing, no Issuing Bank the L/C Issuer shall not be responsible to the Borrower for, and no Issuing Bankthe L/C Issuer’s rights or and remedies against the Borrower shall not be impaired by, any action or inaction of the Issuing Bank L/C Issuer required or permitted under any law, order order, or practice that is required or permitted to be applied to any Letter of Credit or this Agreement, including the law Law or any order of any a jurisdiction whether where the applicable Issuing Bank L/C Issuer or the applicable beneficiary is located, the practice stated in the ISP or the UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade – Trade—International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practiceas applicable.

Appears in 1 contract

Samples: Credit Agreement (Cisco Systems, Inc.)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed in writing by the applicable Issuing Bank Issuer and the applicable Borrower when a Letter of Credit is issued, the rules of the ISP Rules shall apply to each standby Letter of Credit. Notwithstanding the foregoing, no Issuing Bank the applicable Issuer shall not be responsible to the Borrower Borrowers for, and no Issuing Bankthe applicable Issuer’s rights or and remedies against the Borrower Borrowers and other Obligors shall not be impaired by, any action or inaction of the Issuing Bank such applicable Issuer required or permitted under any law, order order, or practice that is required or permitted to be applied to any Letter of Credit or this Agreement, including the law or any order of any a jurisdiction whether the where such applicable Issuing Bank Issuer or the applicable beneficiary is located, the practice stated in the ISP Rules or the UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 1 contract

Samples: Credit Agreement (Mitel Networks Corp)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed in writing by the applicable Issuing Bank L/C Issuer and the Borrower Company when a Letter of Credit is issued, the rules of the ISP shall apply to each standby Letter of Credit. Notwithstanding the foregoing, no Issuing Bank the L/C Issuer shall not be responsible to the Borrower Company for, and no Issuing Bankthe L/C Issuer’s rights or and remedies against the Borrower Company shall not be impaired by, any action or inaction of the Issuing Bank L/C Issuer required or permitted under any law, order order, or practice that is required or permitted to be applied to any Letter of Credit or this Agreement, including the law Law or any order of any a jurisdiction whether where the applicable Issuing Bank L/C Issuer or the applicable beneficiary is located, the practice stated in the ISP or the UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade – Trade—International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 1 contract

Samples: Credit Agreement (PMC Sierra Inc)

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