Common use of Claims under a Documentary Credit Clause in Contracts

Claims under a Documentary Credit. (a) The Borrower irrevocably and unconditionally authorises the L/C Bank to pay any claim made or purported to be made under a Documentary Credit requested by it and which appears on its face to be in order (a “claim”). (b) The Borrower shall within 3 Business Days of demand pay to the Agent for the L/C Bank an amount equal to the amount of any claim. (c) The Borrower acknowledges that the L/C Bank: (i) is not obliged to carry out any investigation or seek any confirmation from any other person before paying a claim; and (ii) deals in documents only and will not be concerned with the legality of a claim or any underlying transaction or any available set-off, counterclaim or other defence of any person. (d) The obligations of the Borrower under this Clause will not be affected by: (i) the sufficiency, accuracy or genuineness of any claim or any other document; or (ii) any incapacity of, or limitation on the powers of, any person signing a claim or other document.

Appears in 3 contracts

Samples: Senior Facilities Agreement (Moore Labels Inc), Senior Facilities Agreement (Buhrmann Nv), Senior Facilities Agreement (Buhrmann Nv)

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Claims under a Documentary Credit. (a) The relevant Borrower irrevocably and unconditionally authorises the L/C Bank to pay any claim made or purported to be made under a Documentary Credit requested by it and which appears on its face to be in order (a “claim”). (b) The relevant Borrower shall within 3 Business Days of demand pay to the Agent for the L/C Bank an amount equal to the amount of any claim. (c) The relevant Borrower acknowledges that the L/C Bank: (i) is not obliged to carry out any investigation or seek any confirmation from any other person before paying a claim; and (ii) deals in documents only and will not be concerned with the legality of a claim or any underlying transaction or any available set-off, counterclaim or other defence of any person. (d) The obligations of the relevant Borrower under this Clause will not be affected by: (i) the sufficiency, accuracy or genuineness of any claim or any other document; or (ii) any incapacity of, or limitation on the powers of, any person signing a claim or other document.

Appears in 2 contracts

Samples: Senior Facilities Agreement (Corporate Express N.V.), Senior Facilities Agreement (Buhrmann Nv)

Claims under a Documentary Credit. (a) The Each Borrower and each Lender irrevocably and unconditionally authorises the L/C Fronting Bank to pay any claim made or purported to be made under a Documentary Credit requested by it and which appears on its face to be in order (a claim). (b) The Each Borrower shall within 3 Business Days of must immediately on demand pay to the Facility Agent for the L/C Fronting Bank an amount equal to the amount of any claim. (c) The Each Borrower and each Lender acknowledges that the L/C Fronting Bank: (i) is not obliged to carry out any investigation or seek any confirmation from any other person before paying a claim; and (ii) deals in documents only and will not be concerned with the legality of a claim or any underlying transaction or any available set-off, counterclaim or other defence of any person. (d) The obligations of the a Borrower under this Clause will not be affected by: (i) the sufficiency, accuracy or genuineness of any claim or any other document; or (ii) any incapacity of, or limitation on the powers of, any person signing a claim or other document.

Appears in 1 contract

Samples: Credit Facility Agreement (Valentia Telecommunications)

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Claims under a Documentary Credit. (a) The Each Borrower irrevocably and unconditionally authorises the L/C Fronting Bank to pay any claim made or purported to be made under a Documentary Credit requested by it and which appears on its face to be in order (a claim). (b) The Each Borrower shall within 3 Business Days of must immediately on demand pay to the Facility Agent for the L/C Fronting Bank an amount equal to the amount of any claim. (c) The Each Borrower acknowledges that the L/C Fronting Bank: (i) is not obliged to carry out any investigation or seek any confirmation from any other person before paying a claim; and (ii) deals in documents only and will not be concerned with the legality of a claim or any underlying transaction or any available set-off, counterclaim or other defence of any person. (d) The obligations of the a Borrower under this Clause will not be affected by: (i) the sufficiency, accuracy or genuineness of any claim or any other document; or (ii) any incapacity of, or limitation on the powers of, any person signing a claim or other document.

Appears in 1 contract

Samples: Credit Facility Agreement (Valentia Telecommunications)

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