Common use of Conditions to Issuance Clause in Contracts

Conditions to Issuance. If (i) the requested form of such ----------------------- Letter of Credit is acceptable to the Administrative Agent and the Issuing Bank in the reasonable discretion of each, (ii) in the case of any Issuing Bank other than the Letter of Credit Bank, such Issuing Bank elects in its sole discretion to Issue the requested Letter of Credit, and (iii) such Issuing Bank has not received notice from the Administrative Agent or any Revolving Lender that the Issuance of such Letter of Credit is not authorized because such Issuance would not comply with the requirements of Section 3.01 or one or more of the conditions set forth in Section 4.02 has not been satisfied, then such Issuing Bank will, upon fulfillment of the applicable conditions set forth in Section 4.02 (which fulfillment such Issuing Bank may assume in the absence of actual knowledge, or notice received from the Borrower, the Administrative Agent or any Revolving Lender, to the contrary) and subject to the provisions of this Article III, make such Letter of Credit available to the Borrower at its office referred to in Section 9.02 or as otherwise agreed upon with the Borrower in connection with such Issuance. In the event and to the extent that the provisions of any Letter of Credit Agreement shall conflict with this Agreement, the provisions of this Agreement shall govern.

Conditions to Issuance. If (i) the requested form of such ----------------------- Letter of Credit is acceptable to the Administrative Agent and the Issuing Bank in the reasonable discretion of each, (ii) in the case of any Issuing Bank other than the Letter of Credit L/C Bank, such Issuing Bank elects in its sole discretion to Issue the requested Letter of Credit, and (iii) such Issuing Bank has not received notice from the Administrative Agent or any Revolving Lender the Required Lenders that the Issuance of such Letter of Credit is not authorized because such Issuance would not comply with the requirements of clause (a) or (b) of Section 3.01 or one or more of the conditions set forth in Section 4.02 has not been satisfied, then such Issuing Bank will, upon fulfillment of the applicable conditions set forth in Section 4.02 (which fulfillment such Issuing Bank may assume in the absence of actual knowledge, or notice received from the Borrower, the Administrative Agent or any Revolving Lenderthe Required Lenders, to the contrary) and subject to the provisions of this Article III, make such Letter of Credit available to the Borrower at its office referred to in Section 9.02 or as otherwise agreed upon with the Borrower in connection with such Issuance. In the event and to the extent that the provisions of any Letter of Credit Agreement shall conflict with this Agreement, the provisions of this Agreement shall govern.

Conditions to Issuance. If (i) the requested form of such ----------------------- Letter ---------------------- of Credit is acceptable to the Administrative Agent and the Issuing L/C Bank in the reasonable discretion of each, and (ii) in the case of any Issuing Bank other than the Letter of Credit Bank, such Issuing Bank elects in its sole discretion to Issue the requested Letter of Credit, and (iii) such Issuing L/C Bank has not received notice from the Administrative Agent or any Revolving Lender the Required Lenders that the Issuance of such Letter of Credit is not authorized because such Issuance would not comply with the requirements of clause (a) or (b) of Section 3.01 or one or more of the conditions set forth in Section 4.02 has not been satisfied, then such Issuing the L/C Bank will, upon fulfillment of the applicable conditions set forth in Section 4.02 (which fulfillment such Issuing the L/C Bank may assume in the absence of actual knowledge, knowledge or notice received from the Borrower, the Administrative Agent or any Revolving Lenderthe Required Lenders, to the contrary) and subject to the provisions of this Article III, make such Letter of Credit available to the Borrower at its office referred to in Section 9.02 or as otherwise agreed upon with the Borrower in connection with such Issuance. In the event and to the extent that the provisions of any Letter of Credit Agreement shall conflict with this Agreement, the provisions of this Agreement shall govern.

Conditions to Issuance. If (i) the requested form of such ----------------------- ---------------------- Letter of Credit is acceptable to the Administrative Agent and the Issuing Bank in the reasonable discretion of each, (ii) in the case of any Issuing Bank other than the Letter of Credit Bank, such Issuing Bank elects in its sole discretion to Issue the requested Letter of Credit, and (iii) such Issuing Bank has not received notice from the Administrative Agent or any Revolving Lender that the Issuance of such Letter of Credit is not authorized because such Issuance would not comply with the requirements of Section 3.01 or one or more of the conditions set forth in Section 4.02 has not been satisfied, then such Issuing Bank will, upon fulfillment of the applicable conditions set forth in Section 4.02 (which fulfillment such Issuing Bank may assume in the absence of actual knowledge, or notice received from the Borrower, the Administrative Agent or any Revolving Lender, to the contrary) and subject to the provisions of this Article III, make such Letter of Credit available to the Borrower at its office referred to in Section 9.02 or as otherwise agreed upon with the Borrower in connection with such Issuance. In the event and to the extent that the provisions of any Letter of Credit Agreement shall conflict with this Agreement, the provisions of this Agreement shall govern.

Conditions to Issuance. If (i) the requested form of such ----------------------- Letter of Credit is acceptable to the Administrative Agent and the Issuing L/C Bank in the reasonable discretion of each, each and (ii) in the case of any Issuing Bank other than the Letter of Credit Bank, such Issuing Bank elects in its sole discretion to Issue the requested Letter of Credit, and (iii) such Issuing L/C Bank has not received notice from the Administrative Agent or any Revolving Lender Lenders holding at least 51% of the Revolving Commitments that the Issuance of such Letter of Credit is not authorized because such Issuance would not comply with the requirements of clause (a) or (b) of Section 3.01 3.1 or one or more of the conditions set forth in Section 4.02 4.2 has not been satisfied, then such Issuing the L/C Bank will, upon fulfillment of the applicable conditions set forth in Section 4.02 4.2 (which fulfillment such Issuing the L/C Bank may assume in the absence of actual knowledge, or notice received from the Borrower, the Administrative Agent or any Revolving Lenderthe Required Lenders, to the contrary) and subject to the provisions of this Article III, make such Letter of Credit available to the Borrower at its office referred to in Section 9.02 9.2 or as otherwise agreed upon with the Borrower in connection with such Issuance. In the event and to the extent that the provisions of any Letter of Credit L/C Agreement shall conflict with this Agreement, the provisions of this Agreement shall govern.

Conditions to Issuance. If No LC Issuing Bank shall issue any Letter of Credit unless: (i) the requested form of such ----------------------- Letter of Credit is acceptable shall be satisfactory in form and substance to the Administrative Agent and the such LC Issuing Bank in the reasonable discretion of each, Bank; (ii) in the case of any Issuing Bank Borrower shall have executed and delivered such other than the instruments and agreements relating to such Letter of Credit Bank, as such LC Issuing Bank elects in its sole discretion to Issue the requested Letter of Credit, and shall have reasonably requested; (iii) such Issuing Bank has not received notice from if the Administrative Agent or any Revolving Lender that the Issuance of Account Party for such Letter of Credit is not authorized because such Issuance would not comply with the requirements of Section 3.01 or one or more of the conditions set forth in Section 4.02 has not been satisfied, then such Issuing Bank will, upon fulfillment of the applicable conditions set forth in Section 4.02 (which fulfillment such Issuing Bank may assume in the absence of actual knowledge, or notice received from the Borrower, the Administrative Agent or any Revolving Lender, such Account Party shall have executed and delivered such other instruments and agreements relating to the contrary) and subject to the provisions of this Article III, make such Letter of Credit available to the Borrower at its office referred to in Section 9.02 or as otherwise agreed upon such LC Issuing Bank shall have reasonably requested; (iv) such LC Issuing Bank shall have confirmed with the Borrower in connection with Administrative Agent on the date of such Issuance. In the event and to the extent issuance that the provisions limitations specified in clauses (i), (ii) and (iii) of any Section 2.07(a) will not be exceeded immediately after such Letter of Credit Agreement is issued; and (v) such LC Issuing Bank shall conflict with this Agreementnot have been notified in writing by any Vencor Company, any Agent or the provisions Required Lenders expressly to the effect that any condition specified in clause (ii) or (iii) of this Agreement shall governSection 3.02 is not satisfied at the time such Letter of Credit is to be issued.

Conditions to Issuance. If (i) the requested form of such ----------------------- ---------------------- Letter of Credit is acceptable to the Administrative Agent and the Issuing L/C Bank in the reasonable discretion of each, and (ii) in the case of any Issuing Bank other than the Letter of Credit Bank, such Issuing Bank elects in its sole discretion to Issue the requested Letter of Credit, and (iii) such Issuing L/C Bank has not received notice from the Administrative Agent or any Revolving Lender the Required Lenders that the Issuance of such Letter of Credit is not authorized because such Issuance would not comply with the requirements of clause (a) or (b) of Section 3.01 or one or more of the conditions set forth in Section 4.02 has not been satisfied, then such Issuing L/C Bank will, upon fulfillment of the applicable conditions set forth in Section 4.02 (which fulfillment such Issuing L/C Bank may assume in the absence of actual knowledge, or notice received from the Borrower, the Administrative Agent or any Revolving Lenderthe Required Lenders, to the contrary) and subject to the provisions of this Article III, make such Letter of Credit available to the Borrower at its the Administrative Agent's office referred to in Section 9.02 or as otherwise agreed upon with the Borrower in connection with such Issuance. In the event and to the extent that the provisions of any Letter of Credit Agreement shall conflict with this Agreement, the provisions of this Agreement shall govern.

Conditions to Issuance. If (i) the requested form of such ----------------------- Letter ---------------------- of Credit is acceptable to the Administrative Agent and the Issuing Bank in the reasonable discretion of each, (ii) in the case of any Issuing Bank other than the Letter of Credit L/C Bank, such Issuing Bank elects in its sole discretion to Issue the requested Letter of Credit, and (iii) such Issuing Bank has not received notice from the Administrative Agent or any Revolving Lender the Required Lenders that the Issuance of such Letter of Credit is not authorized because such Issuance would not comply with the requirements of clause (a) or (b) of Section 3.01 or one or more of the conditions set forth in Section 4.02 has not been satisfied, then such Issuing Bank will, upon fulfillment of the applicable conditions set forth in Section 4.02 (which fulfillment such Issuing Bank may assume in the absence of actual knowledge, or notice received from the Borrower, the Administrative Agent or any Revolving Lenderthe Required Lenders, to the contrary) and subject to the provisions of this Article III, make such Letter of Credit available to the Borrower at its office referred to in Section 9.02 or as otherwise agreed upon with the Borrower in connection with such Issuance. In the event and to the extent that the provisions of any Letter of Credit Agreement shall conflict with this Agreement, the provisions of this Agreement shall govern.