Common use of Applicability of ISP Clause in Contracts

Applicability of ISP. Unless otherwise expressly agreed by the Applicable L/C Issuer and the Borrower when an Applicable Letter of Credit is issued, the rules of the ISP shall apply to each Applicable Letter of Credit. Notwithstanding the foregoing, the Applicable L/C Issuer shall not be responsible to the Borrower for, and the Applicable L/C Issuer’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of the Applicable L/C Issuer required under any Law that is required to be applied to any Letter of Credit, including the Law or any order of a jurisdiction where the Applicable L/C Issuer or the beneficiary is located, the practice stated in the ISP 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 7 contracts

Samples: Credit Agreement (Cim Real Estate Finance Trust, Inc.), Credit Agreement (Cim Real Estate Finance Trust, Inc.), Credit Agreement (Cim Real Estate Finance Trust, Inc.)

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Applicability of ISP. Unless otherwise expressly agreed by the Applicable applicable L/C Issuer and the applicable Borrower when an Applicable a Letter of Credit is issued, the rules of the ISP shall apply to each Applicable Letter of Credit. Notwithstanding the foregoing, the Applicable no L/C Issuer shall not be responsible to the either Borrower for, and the Applicable no L/C Issuer’s rights and remedies against the either Borrower shall not be impaired by, any action or inaction of the Applicable such L/C Issuer required or permitted under any Law law, order, or practice that is required or permitted to be applied to any Letter of CreditCredit or this Agreement, including the Law or any order of a jurisdiction where the Applicable such L/C Issuer or the beneficiary is located, the practice stated in the ISP ISP, 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 law or practice.

Appears in 7 contracts

Samples: Credit Agreement (USD Partners LP), Credit Agreement (USD Partners LP), Credit Agreement (USD Partners LP)

Applicability of ISP. Unless otherwise expressly agreed by the Applicable L/C Issuer and the Borrower when an Applicable a Letter of Credit is issuedissued by it, the rules of the ISP shall apply to each Applicable standby Letter of Credit. Notwithstanding the foregoing, the Applicable L/C Issuer shall not be responsible to the Borrower for, and the Applicable L/C Issuer’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of the Applicable L/C Issuer required or permitted under any Law law, order, or practice that is required or permitted to be applied to any Letter of CreditCredit or this Agreement, including the Law or any order of a jurisdiction where the Applicable L/C Issuer or the beneficiary is located, the practice stated in the ISP ISP, 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 law or practice.

Appears in 6 contracts

Samples: Credit Agreement (Digital Turbine, Inc.), Credit Agreement (Duluth Holdings Inc.), Credit Agreement (Digital Turbine, Inc.)

Applicability of ISP. Unless otherwise expressly agreed by the Applicable L/C Issuer and the Borrower when an Applicable a Letter of Credit is issuedissued by it, the rules of the ISP shall apply to each Applicable Letter of Credit. Notwithstanding the foregoing, the Applicable L/C Issuer shall not be responsible to the Borrower for, and the Applicable L/C Issuer’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of the Applicable L/C Issuer required or permitted under any Law law, order, or practice that is required or permitted to be applied to any Letter of CreditCredit or this Agreement, including the Law or any order of a jurisdiction where the Applicable L/C Issuer or the beneficiary is located, the practice stated in the ISP ISP, 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 law or practice.

Appears in 5 contracts

Samples: Credit Agreement (Enfusion, Inc.), Credit Agreement (Cavco Industries Inc.), Credit Agreement (Lulu's Fashion Lounge Holdings, Inc.)

Applicability of ISP. Unless otherwise expressly agreed by the Applicable L/C Issuer Issuing Bank and the Borrower when an Applicable a Letter of Credit is issued, the rules of the ISP shall apply to each Applicable Letter of Credit. Notwithstanding the foregoing, the Applicable L/C Issuer no Issuing Bank shall not be responsible to the Borrower for, and the Applicable L/C IssuerIssuing Bank’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of the Applicable L/C Issuer Issuing Bank required or permitted under any Law law, order, or practice that is required or permitted to be applied to any Letter of CreditCredit or this Agreement, including the Law law or any order of a jurisdiction where the Applicable L/C Issuer Issuing Bank or the beneficiary is located, the practice stated in the ISP 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 law or practice.

Appears in 4 contracts

Samples: Credit Agreement (Riviera Resources, Inc.), Credit Agreement (Riviera Resources, LLC), MLP Credit Agreement (PennTex Midstream Partners, LP)

Applicability of ISP. Unless otherwise expressly agreed by the Applicable L/C Issuer Issuing Bank and the Borrower when an Applicable a Letter of Credit is issuedissued (including any such agreement applicable to an Existing Letter of Credit), the rules of the ISP shall apply to each Applicable Letter of Credit. Notwithstanding the foregoing, the Applicable L/C Issuer Issuing Bank shall not be responsible to the Borrower for, and the Applicable L/C IssuerIssuing Bank’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of the Applicable L/C Issuer Issuing Bank required or permitted under any Law law, order, or practice that is required or permitted to be applied to any Letter of CreditCredit or this Agreement, including the Law law or any order of a jurisdiction where the Applicable L/C Issuer Issuing Bank or the beneficiary is located, the practice stated in the ISP 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 law or practice.

Appears in 4 contracts

Samples: Credit Agreement (WildHorse Resource Development Corp), Credit Agreement (WildHorse Resource Development Corp), Credit Agreement (Memorial Resource Development Corp.)

Applicability of ISP. Unless otherwise expressly agreed by the Applicable applicable L/C Issuer and the Borrower when an Applicable a Letter of Credit is issued, the rules of the ISP shall apply to each Applicable standby Letter of Credit. Notwithstanding the foregoing, the Applicable no L/C Issuer shall not be responsible to the Borrower for, and the Applicable no L/C Issuer’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of the Applicable such L/C Issuer required or permitted under any Law Requirement of Law, order, or practice that is required or permitted to be applied to any Letter of CreditCredit or this Agreement, including the Law law or any order of a jurisdiction where the Applicable any L/C Issuer or the beneficiary is located, the practice stated in the ISP ISP, 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 law or practice.

Appears in 4 contracts

Samples: Credit Agreement (R1 RCM Inc. /DE), Credit Agreement (R1 RCM Inc. /DE), Credit Agreement (R1 RCM Inc.)

Applicability of ISP. Unless otherwise expressly agreed by the Applicable L/C Issuer and the Borrower when an Applicable a Letter of Credit is issuedissued (including any such agreement applicable to an Existing Letter of Credit), the rules of the ISP shall apply to each Applicable Letter of Credit. Notwithstanding the foregoing, the Applicable L/C Issuer shall not be responsible to the Borrower for, and the Applicable L/C Issuer’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of the Applicable L/C Issuer required under any Law law, order, or practice that is required to be applied to any Letter of CreditCredit or this Agreement, including the Law or any order of a jurisdiction where the Applicable L/C Issuer or the beneficiary is located, the practice stated in the ISP 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 law or practice.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (ModivCare Inc), Credit and Guaranty Agreement (Providence Service Corp), Credit and Guaranty Agreement (Providence Service Corp)

Applicability of ISP. Unless otherwise expressly agreed by the Applicable L/C Issuer and the Borrower when an Applicable a Letter of Credit is issued, the rules of the ISP shall apply to each Applicable Letter of Credit. Notwithstanding the foregoing, the Applicable L/C Issuer shall not be responsible to the Borrower for, and the Applicable L/C Issuer’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of the Applicable L/C Issuer required or permitted under any Law law, order, or practice that is required or permitted to be applied to any Letter of CreditCredit or this Agreement, including the Law or any order of a jurisdiction where the Applicable L/C Issuer or the beneficiary is located, the practice stated in the ISP 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 law or practice.

Appears in 3 contracts

Samples: Credit Agreement (Sonoco Products Co), Credit Agreement (Sonoco Products Co), Credit Agreement (Sonoco Products Co)

Applicability of ISP. Unless otherwise expressly agreed by the Applicable L/C Issuer and the Borrower when an Applicable a Letter of Credit is issued, issued the rules of the ISP shall apply to each Applicable Letter of Credit. Notwithstanding the foregoing, the Applicable L/C Issuer shall not be responsible to the Borrower for, and the Applicable L/C Issuer’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of the Applicable L/C Issuer required or permitted under any Law law, order, or practice that is required or permitted to be applied to any Letter of CreditCredit or this Agreement, including the Law or any order of a jurisdiction where the Applicable L/C Issuer or the beneficiary is located, the practice stated in the ISP 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 law or practice.

Appears in 2 contracts

Samples: Credit Agreement (Del Taco Restaurants, Inc.), Credit Agreement (Del Taco Restaurants, Inc.)

Applicability of ISP. Unless otherwise expressly agreed by the Applicable applicable L/C Issuer and the Borrower when an Applicable a Letter of Credit is issued, the rules of the ISP shall apply to each Applicable Letter of Credit. Notwithstanding the foregoing, the Applicable no L/C Issuer shall not be responsible to the Borrower for, and the Applicable no L/C Issuer’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of the Applicable any L/C Issuer required or permitted under any Law law, order, or practice that is required or permitted to be applied to any Letter of CreditCredit or this Agreement, including the Law or any order of a jurisdiction where the Applicable any L/C Issuer or the beneficiary is located, the practice stated in the ISP ISP, 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 law or practice.

Appears in 2 contracts

Samples: Credit Agreement (Vici Properties Inc.), Credit Agreement (Vici Properties Inc.)

Applicability of ISP. Unless otherwise expressly agreed by the Applicable applicable L/C Issuer and the Borrower Newpark when an Applicable a Letter of Credit is issued, the rules of the ISP shall apply to each Applicable Letter of Credit. Notwithstanding the foregoing, the Applicable no L/C Issuer shall not be responsible to the Borrower Borrowers for, and the Applicable each L/C Issuer’s rights and remedies against the Borrower Borrowers shall not be impaired by, any action or inaction of the Applicable any L/C Issuer required or permitted under any Law law, order, or practice that is required or permitted to be applied to any Letter of CreditCredit or this Agreement, including the Law or any order of a jurisdiction where the Applicable such L/C Issuer or the beneficiary is located, the practice stated in the ISP 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 law or practice.

Appears in 2 contracts

Samples: Credit Agreement (Newpark Resources Inc), Credit Agreement (Newpark Resources Inc)

Applicability of ISP. Unless otherwise expressly agreed by the Applicable L/C Issuer and the Borrower Borrowing Agent when an Applicable a Letter of Credit is issued, the rules of the ISP shall apply to each Applicable standby Letter of Credit. Notwithstanding the foregoing, the Applicable L/C Issuer shall not be responsible to the any Borrower for, and the Applicable L/C Issuer’s rights and remedies against the such Borrower shall not be impaired by, any action or inaction of the Applicable L/C Issuer required or permitted under any Law Law, order, or practice that is required or permitted to be applied to any Letter of CreditCredit or this Agreement, including the Law or any order of a jurisdiction where the Applicable L/C Issuer or the beneficiary is located, the practice stated in the ISP ISP, 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 2 contracts

Samples: Credit Agreement (Construction Partners, Inc.), Credit Agreement (Construction Partners, Inc.)

Applicability of ISP. Unless otherwise expressly agreed by the Applicable L/C Issuer and the applicable Borrower when an Applicable a Letter of Credit is issuedissued (including any such agreement applicable to an Existing Letter of Credit), the rules of the ISP shall apply to each Applicable standby Letter of Credit. Notwithstanding the foregoing, the Applicable L/C Issuer shall not be responsible to the any Borrower for, and the Applicable L/C Issuer’s rights and remedies against the any Borrower shall not be impaired by, any action or inaction of the Applicable L/C Issuer required under any Law law or practice that is required to be applied to any Letter of Credit, including the Law or any order law of a jurisdiction where the Applicable L/C Issuer or the beneficiary is located, the practice stated in the ISP or 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 law or practice.

Appears in 2 contracts

Samples: Credit Agreement (Alexander & Baldwin, Inc.), Credit Agreement (Alexander & Baldwin, Inc.)

Applicability of ISP. Unless otherwise expressly agreed by the Applicable L/C Issuer any Issuing Bank and the Borrower when an Applicable a Letter of Credit is issuedissued (including any such agreement applicable to an Existing Letter of Credit), the rules of the ISP shall apply to each Applicable Letter of Credit. Notwithstanding the foregoing, the Applicable L/C Issuer no Issuing Bank shall not be responsible to the Borrower for, and the Applicable L/C Issuersuch Issuing Bank’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of the Applicable L/C Issuer such Issuing Bank required or permitted under any Law law, order, or practice that is required or permitted to be applied to any Letter of CreditCredit or this Agreement, including the Law law or any order of a jurisdiction where the Applicable L/C Issuer such Issuing Bank or the beneficiary is located, the practice stated in the ISP 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 law or practice.

Appears in 2 contracts

Samples: Revolving Credit Agreement, Revolving Credit Agreement (Southcross Energy Partners, L.P.)

Applicability of ISP. Unless otherwise expressly agreed by the Applicable applicable L/C Issuer and the Borrower Company when an Applicable a Letter of Credit is issuedissued by it, the rules of the ISP shall apply to each Applicable Letter of Credit. Notwithstanding the foregoing, the Applicable no L/C Issuer shall not be responsible to the Borrower Company for, and the Applicable no L/C Issuer’s rights and remedies against the Borrower Company shall not be impaired by, any action or inaction of the Applicable any L/C Issuer required or permitted under any Law law, order, or practice that is required or permitted to be applied to any Letter of CreditCredit or this Agreement, including the Law or any order of a jurisdiction where the Applicable any L/C Issuer or the beneficiary is located, the practice stated in the ISP ISP, 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 law or practice.

Appears in 2 contracts

Samples: Credit Agreement (Workday, Inc.), Credit Agreement (Workday, Inc.)

Applicability of ISP. Unless otherwise expressly agreed by the Applicable L/C Issuer and the Borrower Company when an Applicable a Letter of Credit is issued, the rules of the ISP shall apply to each Applicable Letter of Credit. Notwithstanding the foregoing, the Applicable L/C Issuer shall not be responsible to the Borrower Company for, and the Applicable L/C Issuer’s rights and remedies against the Borrower Company shall not be impaired by, any action or inaction of the Applicable L/C Issuer required or permitted under any Law law, order, or practice that is required or permitted to be applied to any Letter of CreditCredit or this Agreement, including the Law or any order of a jurisdiction where the Applicable L/C Issuer or the beneficiary is located, the practice stated in the ISP ISP, 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 law or practice.

Appears in 2 contracts

Samples: Credit Agreement (Parexel International Corp), Credit Agreement (Parexel International Corp)

Applicability of ISP. Unless otherwise expressly agreed by the Applicable L/C Issuer Lender and the Borrower when an Applicable a Letter of Credit is issuedissued by the Lender, the rules of the ISP shall apply to each Applicable Letter of Credit. Notwithstanding the foregoing, the Applicable L/C Issuer Lender shall not be responsible to the Borrower for, and the Applicable L/C IssuerLender’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of the Applicable L/C Issuer Lender required or permitted under any Law law, order, or practice that is required or permitted to be applied to any Letter of CreditCredit or this Agreement, including the Law or any order of a jurisdiction where the Applicable L/C Issuer Lender or the beneficiary is located, the practice stated in the ISP 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 law or practice.

Appears in 2 contracts

Samples: Credit Agreement (nCino, Inc.), Credit Agreement (nCino, Inc.)

Applicability of ISP. Unless otherwise expressly agreed by the Applicable L/C Issuer any Issuing Bank and the Borrower when an Applicable a Letter of Credit is issuedissued (including any such agreement applicable to an Existing Letter of Credit), the rules of the ISP shall apply to each Applicable Letter of Credit. Notwithstanding the foregoing, the Applicable L/C Issuer no Issuing Bank shall not be responsible to the Borrower for, and the Applicable L/C Issuersuch Issuing Bank’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of the Applicable L/C Issuer such Issuing Bank required or permitted under any Law law, order, or practice that is required or permitted to be applied to any Letter of CreditCredit or this Agreement, including the Law law or any order of a jurisdiction where the Applicable L/C Issuer such Issuing Bank or the beneficiary is located, the practice stated in the ISP 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 law or practice.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Southcross Energy Partners, L.P.), Revolving Credit Agreement

Applicability of ISP. Unless otherwise expressly agreed by the Applicable L/C Issuer and the Borrower Borrowers when an Applicable a Letter of Credit is issued, issued by it the rules of the ISP shall apply to each Applicable standby Letter of Credit. Notwithstanding the foregoing, the Applicable L/C Issuer shall not be responsible to the Borrower Borrowers for, and the Applicable L/C Issuer’s rights and remedies against the Borrower Borrowers shall not be impaired by, any action or inaction of the Applicable L/C Issuer required or permitted under any Law law, order, or practice that is required or permitted to be applied to any Letter of CreditCredit or this Agreement, including the Law or any order of a jurisdiction where the Applicable L/C Issuer or the beneficiary is located, the practice stated in the ISP ISP, 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 law or practice.

Appears in 1 contract

Samples: Credit Agreement (ONESPAWORLD HOLDINGS LTD)

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Applicability of ISP. Unless otherwise expressly agreed by the Applicable L/C Issuer and the Borrower when an Applicable a Letter of Credit is issued, the rules of the ISP shall apply to each Applicable Letter of Credit. Notwithstanding the foregoing, the Applicable L/C Issuer shall not be responsible to the Borrower for, and the Applicable L/C Issuer’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of the Applicable L/C Issuer required or permitted under any Law law, order, or practice that is required or permitted to be applied to any Letter of CreditCredit or this Agreement, including the Law or any order of a jurisdiction where the Applicable L/C Issuer or the beneficiary is located, the practice stated in the ISP 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 law or practice.. CHAR1\1534066v6

Appears in 1 contract

Samples: Credit Agreement (Sonoco Products Co)

Applicability of ISP. Unless otherwise expressly agreed by the Applicable L/C Issuer and the Borrower when an Applicable a Letter of Credit is issued, the rules of the ISP shall apply to each Applicable Letter of Credit. Notwithstanding the foregoing, the Applicable L/C Issuer shall not be responsible to the Borrower for, and the Applicable L/C Issuer’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of the Applicable L/C Issuer required or permitted under any Law law, order, or practice that is required or permitted to be applied to any Letter of CreditCredit or this Agreement, including the Law or any order of a jurisdiction where the Applicable L/C Issuer or the beneficiary is located, the practice stated in the ISP ISP, 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 law or practice.

Appears in 1 contract

Samples: Credit Agreement (NOODLES & Co)

Applicability of ISP. Unless otherwise expressly agreed by the Applicable L/C Issuer and the Borrower when an Applicable a Letter of Credit is issuedissued by it (including any such agreement applicable to an Existing Letter of Credit), the rules of the ISP shall apply to each Applicable standby Letter of Credit. Notwithstanding the foregoing, the Applicable L/C Issuer shall not be responsible to the Borrower for, and the Applicable L/C Issuer’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of the Applicable L/C Issuer required Annex I to Third Amendment to Credit Agreement (Xxxxxx Industries, Inc.) 4888-1961-8421 v.3 ANNEX I TO THIRD AMENDMENT TO CREDIT AGREEMENT or permitted under any Law law, order, or practice that is required or permitted to be applied to any Letter of CreditCredit or this Agreement, including the Law or any order of a jurisdiction where the Applicable L/C Issuer or the beneficiary is located, the practice stated in the ISP ISP, 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 law or practice.

Appears in 1 contract

Samples: Credit Agreement (Powell Industries Inc)

Applicability of ISP. Unless otherwise expressly agreed by the Applicable L/C Issuer and the Borrower when an Applicable a Letter of Credit is issued, the rules of the ISP shall apply to each Applicable Letter of Credit. Notwithstanding the foregoing, the Applicable no L/C Issuer shall not be responsible to the Borrower for, and the Applicable such L/C Issuer’s 's rights and remedies against the Borrower shall not be impaired by, any action or inaction of the Applicable such L/C Issuer required or permitted under any Law law, order, or practice that is required or permitted to be applied to any Letter of CreditCredit or this Agreement, including the Law or any order of a jurisdiction where the Applicable such L/C Issuer or the beneficiary is located, the practice stated in the ISP ISP, 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 law or practice.

Appears in 1 contract

Samples: Credit Agreement (Vectren Utility Holdings Inc)

Applicability of ISP. Unless otherwise expressly agreed by the Applicable L/C Issuer and the Borrower when an Applicable Letter of Credit is issued, the rules of the ISP shall apply to each Applicable Letter of Credit. Notwithstanding the foregoing, the Applicable L/C Issuer shall not be responsible to the Borrower for, and the Applicable L/C Issuer’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of the Applicable L/C Issuer required under any Law that is required to be applied to any Letter of Credit, including the Law or any order of a jurisdiction where the Applicable L/C Issuer or the beneficiary is located, the practice stated in the ISP 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: Credit Agreement (CIM Commercial Trust Corp)

Applicability of ISP. Unless otherwise expressly agreed by the Applicable L/C Issuer and the Borrower when an Applicable a Letter of Credit is issued, the rules of the ISP shall apply to each Applicable Letter of Credit. Notwithstanding the foregoing, the Applicable L/C Issuer shall not be responsible to the Borrower for, and the Applicable L/C Issuer’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of the Applicable L/C Issuer required or permitted under any Law law, order, or practice that is required or permitted to be applied to any Letter of CreditCredit or this Agreement, including the Law or any order of a jurisdiction where the Applicable L/C Issuer or the beneficiary is located, the practice stated in the ISP or in the decisions, opinions, practice 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 law or practice.

Appears in 1 contract

Samples: Credit Agreement (Sonoco Products Co)

Applicability of ISP. Unless otherwise expressly agreed by the Applicable L/C Issuer Issuing Bank and the Borrower when an Applicable a Letter of Credit is issued, the rules of the ISP shall apply to each Applicable Letter of Credit. Notwithstanding the foregoing, the Applicable L/C Issuer Issuing Bank shall not be responsible to the Borrower for, and the Applicable L/C IssuerIssuing Bank’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of the Applicable L/C Issuer Issuing Bank required or permitted under any Law law, order, or practice that is required or permitted to be applied to any Letter of CreditCredit or this Agreement, including the Law law or any order of a jurisdiction where the Applicable L/C Issuer Issuing Bank or the beneficiary is located, the practice stated in the ISP 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 law or practice.

Appears in 1 contract

Samples: Credit Agreement (Energen Corp)

Applicability of ISP. Unless otherwise expressly agreed by the Applicable L/C LC Issuer and the Borrower when an Applicable a Letter of Credit is issuedissued (including any such agreement applicable to an Existing Letter of Credit), the rules of the ISP shall apply to each Applicable Letter of Credit. Notwithstanding the foregoing, the Applicable L/C LC Issuer shall not be responsible to the Borrower for, and the Applicable L/C LC Issuer’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of the Applicable L/C LC Issuer required or permitted under any Law law, order, or practice that is required or permitted to be applied to any Letter of CreditCredit or this Agreement, including the Law or any order of a jurisdiction where the Applicable L/C LC Issuer or the beneficiary is located, the practice stated in the ISP 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 law or practice.

Appears in 1 contract

Samples: Credit and Security Agreement (Ameresco, Inc.)

Applicability of ISP. Unless otherwise expressly agreed by the Applicable applicable L/C Issuer and the Borrower when an Applicable a Letter of Credit is issued, issued by it the rules of the ISP shall apply to each Applicable standby Letter of Credit. Notwithstanding the foregoing, the Applicable no L/C Issuer shall not be responsible to the Borrower for, and the Applicable L/C Issuer’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of the Applicable any L/C Issuer required or permitted under any Law law, order, or practice that is required or permitted to be applied to any Letter of CreditCredit or this Agreement, including the Law or any order of a jurisdiction where the Applicable any L/C Issuer or the beneficiary is located, the practice stated in the ISP ISP, 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 law or practice.

Appears in 1 contract

Samples: Credit Agreement (Rite Aid Corp)

Applicability of ISP. Unless otherwise expressly agreed by the Applicable L/C Issuer Lender and the Borrower when an Applicable a Letter of Credit is issuedissued by the Lender, the rules of the ISP shall apply to each Applicable Letter of Credit. Notwithstanding the foregoing, the Applicable L/C Issuer Lender shall not be responsible to the Borrower for, and the Applicable L/C IssuerLender’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of the Applicable L/C Issuer Lender required or permitted under any Law law, order, or practice that is required or permitted to be applied to any Letter of CreditCredit or this Agreement, including the Law or any order of a jurisdiction where the Applicable L/C Issuer Lender or the beneficiary is located, the practice stated in the ISP or 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 law or practice.

Appears in 1 contract

Samples: Credit Agreement (Nortech Systems Inc)

Applicability of ISP. Unless otherwise expressly agreed by the Applicable L/C Issuer and the applicable Borrower when an Applicable a Letter of Credit is issuedissued (including any such agreement applicable to an Existing Letter of Credit), the rules of the ISP shall apply to each Applicable standby Letter of Credit. Notwithstanding the foregoing, the Applicable L/C Issuer shall not be responsible to the any Borrower for, and the Applicable L/C Issuer’s rights and remedies against the any Borrower shall not be impaired by, any action or inaction of the Applicable L/C Issuer required under any Law law or practice that is required to be applied to any Letter of Credit, including the Law or any order law of a jurisdiction where the Applicable L/C Issuer or the beneficiary is located, the practice stated in the ISP or 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 law or practice.. (i)

Appears in 1 contract

Samples: Credit Agreement (Alexander & Baldwin, Inc.)

Applicability of ISP. Unless otherwise expressly agreed by the Applicable L/C Issuer and the Borrower Company when an Applicable a Letter of Credit is issued, the rules of the ISP shall apply to each Applicable Letter of Credit. Notwithstanding the foregoing, the Applicable L/C Issuer shall not be responsible to the Borrower Company for, and the Applicable L/C Issuer’s 's rights and remedies against the Borrower Company shall not be impaired by, any action or inaction of the Applicable L/C Issuer required or permitted under any Law law, order, or practice that is required or permitted to be applied to any Letter of CreditCredit or this Agreement, including the Law or any order of a jurisdiction where the Applicable L/C Issuer or the beneficiary is located, the practice stated in the ISP ISP, 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 law or practice.

Appears in 1 contract

Samples: Credit Agreement (Parexel International Corp)

Applicability of ISP. Unless otherwise expressly agreed by the Applicable L/C Issuer an Issuing Bank and the applicable Borrower when an Applicable a Letter of Credit is issued, the rules of the ISP shall apply to each Applicable Letter of Credit. Notwithstanding the foregoing, the Applicable L/C Issuer no Issuing Bank shall not be responsible to the applicable Borrower for, and the Applicable L/C Issuereach Issuing Bank’s rights and remedies against the applicable Borrower shall not be impaired by, any action or inaction of the Applicable L/C Issuer such Issuing Bank required or permitted under any Law law, order, or practice that is required or permitted to be applied to any Letter of CreditCredit or this Agreement, including the Law law or any order of a jurisdiction where the Applicable L/C Issuer such Issuing Bank or the beneficiary is located, the practice stated in the ISP 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 the terms of any Letter of Credit chooses provide for such Law law or practice.

Appears in 1 contract

Samples: Credit Agreement (ONE Group Hospitality, Inc.)

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