Common use of Applicability of ISP98 and UCP Clause in Contracts

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by Issuing Lender and Borrower when a Letter of Credit is issued and subject to applicable laws, performance under Letters of Credit by Issuing Lender, its correspondents, and beneficiaries will be governed by, with respect to standby Letters of Credit, the rules of the “International Standby Practices 1998” (ISP98) or such later revision as may be published by the International Chamber of Commerce (the “ICC”).

Appears in 7 contracts

Samples: First Lien Credit Agreement (Kratos Defense & Security Solutions, Inc.), Credit Agreement (Epicor Software Corp), Credit Agreement (Wireless Facilities Inc)

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Applicability of ISP98 and UCP. Unless otherwise expressly agreed by an Issuing Lender and the Borrower when a Letter of Credit is issued and subject to applicable lawsissued, performance under Letters of Credit by Issuing Lender, its correspondents, and beneficiaries will be governed by, with respect to standby Letters of Credit, the rules of either the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (ISP98) or such later revision version thereof as may be in effect at the time of issuance) or, at the option of the Borrower, the Uniform Customs and Practice for Documentary Credits (“UCP”), as most recently published by the International Chamber of Commerce (at the “ICC”)time of issuance shall apply to each Letter of Credit.

Appears in 3 contracts

Samples: Revolving Credit Agreement (KKR & Co. L.P.), Revolving Credit Agreement (KKR & Co. L.P.), Revolving Credit Agreement (KKR & Co. L.P.)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by Issuing Lender and Borrower when a Letter of Credit is issued and subject to applicable laws, performance under Letters of Credit by Issuing Lender, its correspondents, and beneficiaries will be governed by, with respect to standby Letters of Credit, the rules of the "International Standby Practices 1998" (ISP98) or such later revision as may be published by the International Chamber of Commerce (the "ICC").. ---

Appears in 2 contracts

Samples: Credit Agreement (Quantum Corp /De/), Credit Agreement (Quantum Corp /De/)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by Issuing Lender and Borrower when a Letter of Credit is issued and subject to applicable laws, performance under Letters of Credit by Issuing Lender, its correspondents, and beneficiaries will be governed by, with respect to commercial letters of credit, the UCP or such later revision as may be published by the International Chamber of Commerce (the “ICC”) and with respect to standby Letters of Credit, the rules of the “International Standby Practices 1998” (ISP98) or such later revision as may be published by the International Chamber of Commerce (the “ICC”).

Appears in 1 contract

Samples: Credit Agreement (Quantum Corp /De/)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by Issuing Lender Banks and Borrower Borrowers when a Letter of Credit is issued and subject to applicable lawsissued, performance under Letters of Credit by Issuing Lender, its correspondents, and beneficiaries will be governed by, with respect to standby Letters of Credit, (i) the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (ISP98) or such later revision version thereof as may be published by in effect at the International Chamber time of Commerce (the “ICC”)issuance) shall apply to each Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (EnerJex Resources, Inc.)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by Issuing Lender and Borrower when a Letter of Credit is issued and subject to applicable laws, performance under Letters of Credit by Issuing Lender, its correspondents, and beneficiaries will be governed by, by (i) with respect to standby Financial Letters of Credit, the rules of the "International Standby Practices 1998" ("ISP98") or such later revision as may be published by the International Chamber of Commerce (the “ICC”).Institute of

Appears in 1 contract

Samples: Credit Agreement (Equity Marketing Inc)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by Issuing Lender and Borrower when a Letter of Credit is issued and subject to applicable laws, performance under Letters of Credit by Issuing Lender, its correspondents, and beneficiaries will be governed by, with respect to standby Letters of Credit, the rules of the “International Standby Practices 1998” (ISP98) or such later revision as may be published by the International Chamber of Commerce (the “ICC).

Appears in 1 contract

Samples: Credit Agreement (Wireless Facilities Inc)

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Applicability of ISP98 and UCP. Unless otherwise expressly agreed by the Issuing Lender Bank and Borrower the Company when a Letter of Credit is issued and subject to applicable laws, performance under Letters of Credit by the Issuing LenderBank, its correspondents, and beneficiaries will be governed by, with respect to standby Letters of Credit, by the rules of the "International Standby Practices 1998" (ISP98) or such later revision as may be published by the International Chamber of Commerce (the "ICC").

Appears in 1 contract

Samples: Credit Agreement (Foundation Health Systems Inc)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by the Issuing Lender and Borrower when a Letter of Credit is issued and subject to applicable lawsissued, performance under Letters of Credit by the Issuing Lender, its correspondents, and beneficiaries will be governed by, with respect to standby Letters of Credit, by the rules of the "International Standby Practices 1998" (ISP98) or such later revision as may be published by the International Chamber of Commerce (the "ICC").. ---

Appears in 1 contract

Samples: Credit Agreement (California Pizza Kitchen Inc)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by Issuing Lender Banks and Borrower Borrowers when a Letter of Credit is issued and subject to applicable lawsissued, performance under Letters of Credit by Issuing Lender, its correspondents, and beneficiaries will be governed by, with respect to standby Letters of Credit, (i) the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (ISP98) or such later revision version thereof as may be published by in effect at the International Chamber time of Commerce (the “ICC”)issuance) shall apply to each Standby Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (EnerJex Resources, Inc.)

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