Common use of Applicability of ISP98 and UCP Clause in Contracts

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by the relevant L/C Issuer and the Company when a Letter of Credit is issued, (i) the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce at the time of issuance shall apply to each commercial Letter of Credit.

Appears in 6 contracts

Samples: Credit Agreement (Fidelity National Information Services, Inc.), Credit Agreement (Fidelity National Information Services, Inc.), Credit Agreement (Fidelity National Information Services, Inc.)

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Applicability of ISP98 and UCP. Unless otherwise expressly agreed by the relevant applicable L/C Issuer and the Company Borrower when a Letter of Credit is issued, (i) the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) shall apply to each standby Letter of Credit, Credit and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce at the time of issuance shall apply to each commercial Letter letter of Creditcredit.

Appears in 6 contracts

Samples: Credit Agreement (DHX Media Ltd.), First Lien Credit Agreement (Keyw Holding Corp), Credit Agreement (Tribune Media Co)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed to by the relevant L/C Issuer and the Company Borrower when a Letter of Credit is issued, (i) the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) shall apply to each standby Letter of Credit, Credit and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce (the “ICC”) at the time of issuance shall apply to each commercial Letter of Credit.

Appears in 6 contracts

Samples: Security Agreement (Chiquita Brands International Inc), Security Agreement (Chiquita Brands International Inc), Security Agreement (Chiquita Brands International Inc)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by the relevant applicable L/C Issuer and the Company Borrower when a Letter of Credit is issuedissued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) ISP shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce at the time of issuance shall apply to each commercial Letter of Credit.

Appears in 5 contracts

Samples: Credit Agreement (Alliant Techsystems Inc), Credit Agreement (Alliant Techsystems Inc), Credit Agreement (Alliant Techsystems Inc)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by the relevant L/C Issuer and the Company Borrower when a Letter of Credit is issuedissued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) ISP shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce at the time of issuance shall apply to each commercial Letter of Credit.

Appears in 5 contracts

Samples: Credit Agreement (Team Inc), Credit Agreement (Holly Corp), Credit Agreement (Holly Corp)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by the relevant L/C Issuer and the Company Borrower when a Letter of Credit is issued, (i) the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) ISP shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce at the time of issuance shall apply to each commercial Letter of Credit.

Appears in 4 contracts

Samples: Credit Agreement (Marina District Development Company, LLC), Credit Agreement (Boyd Gaming Corp), Credit Agreement (Team Inc)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by the relevant L/C Issuer and the Company when a Letter of Credit is issued, (i) the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce at the time of issuance shall apply to each commercial Letter of Credit.

Appears in 4 contracts

Samples: Credit Agreement (Fidelity National Information Services, Inc.), Credit Agreement (Fidelity National Information Services, Inc.), Credit Agreement (Fidelity National Information Services, Inc.)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by the relevant L/C Issuer and the Company relevant Borrower when a Letter of Credit is issued, (i) the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce at the time of issuance shall apply to each commercial Letter of Credit.

Appears in 3 contracts

Samples: Credit Agreement (Sensata Technologies Holland, B.V.), Credit Agreement (Warner Chilcott PLC), Credit Agreement (Warner Chilcott CORP)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by the relevant applicable L/C Issuer and the Company Borrower when a Letter of Credit is issued, (i) the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce (the “ICC”) at the time of issuance shall apply to each commercial Letter of Credit.

Appears in 3 contracts

Samples: Credit Agreement (Corinthian Colleges Inc), Credit Agreement (Corinthian Colleges Inc), Credit Agreement (Corinthian Colleges Inc)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by the relevant L/C Issuer and the Company Borrower when a Letter of Credit is issued, (i) the rules of the "International Standby Practices 1998" published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce at the time of issuance shall apply to each commercial Letter of Credit.

Appears in 3 contracts

Samples: Credit Agreement (St Jude Medical Inc), Security Agreement (Arbitron Inc), Credit Agreement (American Financial Realty Trust)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by the relevant L/C Issuer and the Company Borrower when a Letter of Credit is issued, (i) the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce at the time of issuance shall apply to each commercial Letter of Credit.

Appears in 3 contracts

Samples: Credit Agreement (Lender Processing Services, Inc.), Credit Agreement (Lender Processing Services, Inc.), Credit Agreement (Lender Processing Services, Inc.)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by an Issuing Lender and Borrower or the relevant L/C Issuer and the Company Co-Borrower when a Letter of Credit is issued, (i) the rules Rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) shall apply to each standby Standby Letter of Credit, and (ii) the rules Rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce at the time of issuance shall apply to each commercial Commercial Letter of Credit.

Appears in 3 contracts

Samples: Loan Agreement (MGM Resorts International), Loan Agreement (MGM Resorts International), Loan Agreement (MGM Mirage)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by the relevant L/C Issuer Issuing Lender and the Company Borrower when a Letter of Credit is issued, (i) the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce at the time of issuance shall apply to each commercial Letter of Credit.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (Teradyne, Inc), Credit and Guaranty Agreement (Amerigroup Corp)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by the relevant L/C Issuer and the Company when a Letter of Credit is issued, (i) the rules of the "International Standby Practices 1998" published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce at the time of issuance shall apply to each commercial Letter of Credit.

Appears in 2 contracts

Samples: Credit Agreement (Fidelity National Information Services, Inc.), Credit Agreement (Fidelity National Information Services, Inc.)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by the relevant L/C Issuer Issuing Lender and the Company Borrower when a Letter of Credit is issued, (i) the rules of the "International Standby Practices 1998" published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce at the time of issuance shall apply to each commercial Letter of Credit.

Appears in 2 contracts

Samples: Credit Agreement (CNL Retirement Properties Inc), Credit Agreement (CNL Retirement Properties Inc)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by the relevant L/C Issuer and the Company Borrower when a Letter of Credit is issued, (i) the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) shall apply to each standby Standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce (the “ICC”) at the time of issuance shall apply to each commercial Trade Letter of Credit.

Appears in 2 contracts

Samples: Credit Agreement (Central Credit, LLC), Credit Agreement (Global Cash Access, Inc.)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by the relevant L/C Issuer an Issuing Lender and the Company when a Letter of Credit is issued, (i) the rules of either the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) shall apply to each standby Letter or, at the option of Creditthe Company, and (ii) the rules of the Uniform Customs and Practice for Documentary CreditsCredits (“UCP”), as most recently published by the International Chamber of Commerce (the “ICC”) at the time of issuance shall apply to each commercial Letter of Credit.

Appears in 2 contracts

Samples: Credit Agreement (Bottling Group LLC), Credit Agreement (Pepsi Bottling Group Inc)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by the relevant L/C applicable LC Issuer and the Company applicable LC Obligor, when a Letter of Credit is issued, (i) the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) shall apply to each standby Standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce at the time of issuance shall apply to each commercial Commercial Letter of Credit.

Appears in 2 contracts

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

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by the relevant applicable L/C Issuer and the Company Borrower when a Letter of Credit is issuedissued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the "International Standby Practices 1998" published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) (the "ISP") shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce at the time of issuance shall apply to each commercial Letter of Credit.

Appears in 2 contracts

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

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by the relevant L/C Issuer Agent and the Company Borrower when a Letter of Credit is issued, (i) the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce (the “ICC”) at the time of issuance shall apply to each commercial Letter of Credit.

Appears in 2 contracts

Samples: Credit Agreement (Hooker Furniture Corp), Credit Agreement (Hooker Furniture Corp)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by an Issuing Bank and the relevant L/C Issuer and the Company Borrower when a Letter of Credit is issued, (ia) the rules Rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) shall apply to each standby Letter of Credit, and (iib) the rules Rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce at the time of issuance shall apply to each commercial Letter of Credit.

Appears in 2 contracts

Samples: Credit Agreement (MGM Resorts International), Credit Agreement (MGM Resorts International)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by the relevant L/C Issuer and the Company Borrower when a Letter of Credit is issuedissued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce at the time of issuance issuance, shall apply to each commercial Letter of Credit.

Appears in 2 contracts

Samples: Credit Agreement (Sunoco Logistics Partners Lp), Credit Agreement (Sunoco Logistics Partners Lp)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by the relevant L/C Issuer and the Company Borrower when a Letter of Credit is issued, (i) the rules of the "International Standby Practices 1998" published by the Institute of International Banking Law & Practice (or such later version thereof as 42 may be in effect at the time of issuance) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce (the "ICC") at the time of issuance shall apply to each commercial Letter of Credit.

Appears in 2 contracts

Samples: Assignment and Assumption (Refco Information Services, LLC), Assignment and Assumption (Refco Inc.)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by the relevant L/C Issuer and the Company Borrower when a Letter of Credit is issued, (i) the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce at the time of issuance shall apply to each commercial Letter of Credit.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Equitable Resources Inc /Pa/), Assignment and Assumption (Equitable Resources Inc /Pa/)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by the relevant L/C Issuer and the Company relevant Borrower when a Letter of Credit is issued, (i) the rules of the “International Standby Practices 1998” or “ISP” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce at the time of issuance shall apply to each commercial Letter of Credit.

Appears in 2 contracts

Samples: Credit Agreement (Warner Chilcott PLC), Credit Agreement (Warner Chilcott PLC)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by the relevant L/C Issuer and the Company Borrower when a Letter of Credit is issued, (i) the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) shall apply to each standby Standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce (the “ICC”) at the time of issuance shall apply to each commercial Commercial Letter of Credit.

Appears in 2 contracts

Samples: Credit Agreement (Valueclick Inc/Ca), Credit Agreement (Valueclick Inc/Ca)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by the relevant L/C Issuer and the Company relevant Borrower when a Letter of Credit is issued, (i) the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) (excluding Rule 3.14) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce at the time of issuance shall apply to each commercial Letter of Credit.

Appears in 2 contracts

Samples: Credit Agreement (Universal Hospital Services Inc), Credit Agreement (Universal Hospital Services Inc)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by the relevant L/C Issuer a Fronting Lender and the Company Principal Borrower when a Letter of Credit is issued, (ia) the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) shall apply to each standby Letter of Credit, and (iib) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce at the time of issuance shall apply to each commercial Letter of Credit.

Appears in 2 contracts

Samples: Assignment and Assumption (Kinder Morgan, Inc.), Assignment and Assumption (Kinder Morgan, Inc.)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by the relevant L/C Issuer Issuing Bank and the Company Borrower when a Letter of Credit is issued, (ia) the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) shall apply to each standby Letter of Credit, and (iib) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce (the “ICC”) at the time of issuance shall apply to each commercial Letter of Credit.

Appears in 2 contracts

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

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by the relevant L/C Issuer and the Company Borrower Representative when a Letter of Credit is issued, (i) the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce at the time of issuance shall apply to each commercial Letter of Credit.

Appears in 2 contracts

Samples: Credit Agreement (Omega Healthcare Investors Inc), Credit Agreement (Omega Healthcare Investors Inc)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by the relevant L/C Issuer and the Company Borrower when a Letter of Credit is issued, (i) the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) (excluding Rule 3.14) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce at the time of issuance shall apply to each commercial Letter of Credit.

Appears in 2 contracts

Samples: Credit Agreement (Universal Hospital Services Inc), Credit Agreement (Universal Hospital Services Inc)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by the relevant L/C Issuer and the Company when a Letter of Credit is issued, (i) the rules of the "International Standby Practices 1998" published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce (the "ICC") at the time of issuance shall apply to each commercial Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (UGS PLM Solutions Asia/Pacific INC)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by the relevant L/C applicable LC Issuer and the Company applicable LC Obligor, when a Letter of Credit is issued, (i) the rules of the "International Standby Practices 1998" published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce at the time of issuance shall apply to each commercial Standby Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Esco Technologies Inc)

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Applicability of ISP98 and UCP. Unless otherwise expressly agreed by an Issuing Lender and Borrower or the relevant L/C Issuer and the Company Co-Borrower when a Letter of Credit is issued, (i) the rules of the "International Standby Practices 1998" published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) shall apply to each standby Standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce at the time of issuance shall apply to each commercial Commercial Letter of Credit.

Appears in 1 contract

Samples: Loan Agreement (MGM Mirage)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by the relevant applicable L/C Issuer and the Company Borrower when a Letter of Credit is issuedissued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce at the time of issuance shall apply to each commercial Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (SFX Entertainment, INC)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by the relevant L/C Issuer and the Company Borrower when a Letter of Credit is issued, (i) the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) (the “ISP”) shall apply to each standby Standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce at the time of issuance (the “UCP”) shall apply to each commercial Commercial Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Valueclick Inc/Ca)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by the relevant L/C Issuer Banks and the Company Borrowers when a Letter of Credit is issued, (i) the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce at the time of issuance shall apply to each commercial Standby Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (EnerJex Resources, Inc.)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by ------------------------------ the relevant L/C Issuer Issuing Lender and the Company Borrower when a Letter of Credit is issued, (i) the rules of the "International Standby Practices 1998" published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce at the time of issuance shall apply to each commercial Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Ameripath Inc)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by the relevant applicable L/C Issuer and the Company Borrower when a Letter of Credit is issued, (i) the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce at the time of issuance shall apply to each commercial Letter of Credit.

Appears in 1 contract

Samples: Security Agreement (W R Grace & Co)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by the relevant L/C Issuer a Fronting Lender and the Company Borrower when a Letter of Credit is issued, (ia) the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) shall apply to each standby Letter of Credit, and (iib) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce at the time of issuance shall apply to each commercial Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Kinder Morgan Canada LTD)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by the relevant L/C Issuer and the Company applicable Borrower when a Letter of Credit is issued, (i) the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce (the “ICC”) at the time of issuance shall apply to each commercial Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Dollarama CORP)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by an Issuing Lender and Borrower or the relevant L/C Issuer and the Company Co-Borrower when a Letter of Credit is issued, (i) the rules Rules of the "International Standby Practices 1998" published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) shall apply to each standby Standby Letter of Credit, and (ii) the rules Rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce at the time of issuance shall apply to each commercial Commercial Letter of Credit.

Appears in 1 contract

Samples: Loan Agreement (MGM Mirage)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by the relevant L/C Issuer Issuing Bank and the Company Borrower when a Letter of Credit is issued, (i) the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce at (the time of issuance “ICC”) shall apply to each commercial trade Letter of Credit.

Appears in 1 contract

Samples: Agreement (Ventas Inc)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by the relevant L/C Issuer and the Company Borrower when a Letter of Credit is issuedissued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the "International Standby Practices 1998" published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce at the time of issuance shall apply to each commercial Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Ceridian Corp /De/)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by the relevant L/C Issuer and the Company Borrower when a Letter of Credit is issuedissued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce at the time of issuance shall apply to each commercial Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Navigant International Inc)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by the relevant applicable L/C Issuer and the Company Borrowers when a Letter of Credit is issued, (i) the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce (the “ICC”) at the time of issuance shall apply to each commercial Letter of Credit.

Appears in 1 contract

Samples: Security Agreement (BJ Services, Inc.)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by the relevant L/C Issuer and the Company relevant Borrower when a Letter of Credit is issued, (i) the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce (the “ICC”) at the time of issuance shall apply to each commercial Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (LEM America, Inc)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by the relevant L/C a LC Issuer and the Company Borrower when a Letter of Credit is issued, (ia) the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) shall apply to each standby Letter of Credit, and (iib) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce at the time of issuance shall apply to each commercial Letter of Credit.

Appears in 1 contract

Samples: Assignment and Assumption (Kinder Morgan Canada LTD)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by an Issuing Bank and the relevant L/C Issuer and the Company Borrower when a Letter of Credit is issued, (i) the rules Rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) shall apply to each standby Letter of Credit, and (ii) the rules Rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce at the time of issuance shall apply to each commercial Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (MGM Resorts International)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by the relevant L/C Issuer and the Company when a Letter of Credit is issued, (i) the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce (the “ICC”) at the time of issuance shall apply to each commercial Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (LCE AcquisitionSub, Inc.)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by the relevant L/C Issuer and the Company Borrower when a Letter of Credit is issued, (i) the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce at the time of issuance shall apply to each commercial Standby Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Netflix Inc)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by the relevant applicable L/C Issuer and the Company Borrowers when a Letter of Credit is issued, (i) the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) shall apply to each standby Letter of Credit, Credit and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce at the time of issuance shall apply to each commercial Letter letter of Creditcredit.

Appears in 1 contract

Samples: Intercreditor Agreement (Tribune Publishing Co)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by the relevant L/C Issuer and the Company Borrowers when a Letter of Credit is issued, (i) the rules of the "International Standby Practices 1998" published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce at the time of issuance shall apply to each commercial Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Fidelity National Financial Inc /De/)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by the relevant L/C Issuer Agent and the Company Borrower when a Letter of Credit is issuedissued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the "International Standby Practices 1998" published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce (the "ICC") at the time of issuance shall apply to each commercial Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (SCB Computer Technology Inc)

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