Common use of Claims under a Letter of Credit Clause in Contracts

Claims under a Letter of Credit. (A) The Borrower irrevocably and unconditionally authorises each LC Issuing Bank to pay any claim made or purported to be made under a Letter of Credit and which appears on its face to be in order (a “claim”). (B) The Borrower shall immediately on demand pay to the Facility Agent for the account of the relevant LC Issuing Bank an amount equal to the amount of any claim under that Letter of Credit. (C) The Borrower acknowledges that the LC Issuing 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: Facility Agreement (Kosmos Energy Ltd.), Deed of Amendment and Restatement (Kosmos Energy Ltd.), Facility Agreement (Kosmos Energy Ltd.)

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Claims under a Letter of Credit. (Aa) The Borrower irrevocably and unconditionally authorises each LC Issuing Bank WCF Lender to pay any claim made or purported to be made under a Letter of Credit requested by it from such WCF Lender and which appears on its face to be in order (in this Clause 7, a claim). (Bb) The Borrower shall immediately on demand pay to the Facility Agent for the account of the relevant LC Issuing Bank that WCF Lender an amount equal to the amount of any claim under that Letter of Creditwhen due and payable. (Cc) The Borrower acknowledges that the LC Issuing Bankeach WCF Lender: (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. (Dd) The obligations of the Borrower under this clause Clause 7 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: Facility Agreement

Claims under a Letter of Credit. (Aa) The Each Borrower irrevocably and unconditionally authorises each LC Issuing Bank Lender to pay any claim made or purported to be made under a Letter of Credit requested by it and which appears on its face to be in order (a "claim"). (Bb) The Each Borrower which requested a Letter of Credit shall immediately on demand pay to the Facility Agent for the account of the relevant LC Issuing Bank Lender an amount equal to the amount of any claim under that Letter of Credit. (Cc) The Each Borrower acknowledges that the LC an Issuing BankLender: (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. (Dd) The obligations of the a Borrower under this clause 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: Multipurpose Facilities Agreement (SunOpta Inc.)

Claims under a Letter of Credit. (Aa) The Each Borrower irrevocably and unconditionally authorises each the LC Issuing Bank to pay any claim made or purported to be made under a Letter of Credit requested by it and which appears on its face to be in order (a "claim"). (Bb) The relevant Borrower shall must immediately on demand pay to the Facility Agent for the account of the relevant LC Issuing Bank an amount equal to the amount of any claim under that Letter of Creditclaim. (Cc) The Each Borrower acknowledges that the LC Issuing 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. (Dd) The obligations of the a Borrower under this clause will not be affected by: (i) the sufficiency, accuracy or genuineness genuiness 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: Facility Agreement (Txu Corp /Tx/)

Claims under a Letter of Credit. (Aa) The Each Borrower irrevocably and unconditionally authorises each LC the Issuing Bank to pay any claim made or purported to be made under a Letter of Credit requested by it and which appears on its face to be in order (a “claim”). (Bb) The Each Borrower which requested a Letter of Credit shall immediately on demand pay to the Facility Agent for the account of the relevant LC Issuing Bank an amount equal to the amount of any claim under that Letter of Credit. (Cc) The Each Borrower acknowledges that the LC Issuing 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. (Dd) The obligations of the a Borrower under this clause 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: Facility Agreement (Sigma Aldrich Corp)

Claims under a Letter of Credit. (Aa) The Each Borrower irrevocably and unconditionally authorises each LC Issuing Bank Lender to pay any claim made or purported to be made under a Letter of Credit requested by it and which appears on its face to be in order (a "claim"). (Bb) The Each Borrower which requested a Letter of Credit shall immediately on demand pay to the Facility Agent for the account of the relevant LC Issuing Bank Lender an amount equal to the amount of any claim under that Letter of Credit. (Cc) The Each Borrower acknowledges that the LC an Issuing BankLender: (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. (Dd) 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: Multipurpose Facilities Agreement (SunOpta Inc.)

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Claims under a Letter of Credit. (A) The Borrower irrevocably and unconditionally authorises each LC Issuing Bank to pay any claim made or purported to be made under a Letter of Credit and which appears on its face to be in order (a “claim”). (B) The Borrower shall immediately on demand pay to the Senior Facility Agent for the account of the relevant LC Issuing Bank an amount equal to the amount of any claim under that Letter of Credit. (C) The Borrower acknowledges that the LC Issuing 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 1 contract

Samples: Common Terms Agreement (Kosmos Energy Ltd.)

Claims under a Letter of Credit. (Aa) The Each Borrower irrevocably and unconditionally authorises each LC the Issuing Bank to pay any claim made or purported to be made under a Letter of Credit requested by it and which appears on its face to be in order (a “claim”). (Bb) The Each Borrower which requested a Letter of Credit shall immediately on demand pay to the Facility Agent for the account of the relevant LC Issuing Bank an amount equal to the amount of any claim under that Letter of Credit. (Cc) The Each Borrower acknowledges that the LC Issuing 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. (Dd) The obligations of the a Borrower under this clause 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: Facilities Agreement (Signet Jewelers LTD)

Claims under a Letter of Credit. (A) The 7.2.1 Each Borrower irrevocably and unconditionally authorises each LC the Issuing Bank to pay any claim made or purported to be made under a Letter of Credit requested by it (or requested by the Company on its behalf) and which appears is valid on its face to be (in order (this Clause 7, a “claim”). (B) The 7.2.2 Each Borrower shall immediately on demand pay to the Facility Agent for the account of the relevant LC Issuing Bank an amount equal to the amount of any claim under that Letter of Creditclaim. (C) The 7.2.3 Each Borrower acknowledges that the LC Issuing Bank: (ia) is not obliged to carry out any investigation or seek any confirmation from any other person before paying a claim; and (iib) 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) 7.2.4 The obligations of the a Borrower under this clause Clause 7 will not be affected by: (ia) the sufficiency, accuracy or genuineness of any claim or any other document; or (iib) any incapacity of, or limitation on the powers of, any person signing a claim or other document.

Appears in 1 contract

Samples: Facility Agreement (Edgen Murray PLC)

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