Common use of Illegality in relation to Issuing Bank Clause in Contracts

Illegality in relation to Issuing Bank. If it becomes unlawful for an Issuing Bank to issue or leave outstanding any Letter of Credit, then: (a) that Issuing Bank shall promptly notify the Facility Agent and the Company upon becoming aware of that event; (b) upon the Facility Agent notifying the Company the Issuing Bank shall not be obliged to issue any Letter of Credit; (c) the relevant Borrower shall use its best endeavours to procure the release of each Letter of Credit issued by that Issuing Bank and outstanding at such time; and (d) unless any other Lender has agreed to be an Issuing Bank pursuant to the terms of this Agreement, the Revolving Credit Facility shall cease to be available for the issue of Letters of Credit.

Appears in 3 contracts

Samples: Fifth Supplemental Agreement (MGM Resorts International), Second Supplemental Agreement (MGM Resorts International), Supplemental Agreement (MGM Resorts International)

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Illegality in relation to Issuing Bank. If it becomes unlawful for an the Issuing Bank to issue or leave outstanding any Letter of Credit, then: (a) that the Issuing Bank shall promptly notify the Facility Administrative Agent and the Company upon becoming aware of that event; (b) upon the Facility Administrative Agent notifying the Company Company, the Issuing Bank shall not be obliged to issue any Letter of Credit; (c) the relevant Borrower Company shall (and shall procure that each other Obligor shall) use its best endeavours to procure the release of each Letter of Credit issued by that the Issuing Bank and outstanding at such time; and (d) unless any other Lender Participating Bank has agreed to be an Issuing Bank pursuant to the terms of this Agreement, the Revolving Credit Facility shall cease to be available for the issue of Letters of Credit.

Appears in 2 contracts

Samples: Letter of Credit Facility Agreement (Flowserve Corp), Letter of Credit Facility Agreement (Flowserve Corp)

Illegality in relation to Issuing Bank. If it becomes unlawful for an Issuing Bank to issue or leave outstanding any Letter of Credit, then: (a) that Issuing Bank shall promptly notify the Facility Agent and the Company upon becoming aware of that event; (b) upon the Facility Agent notifying the Company Company, the Issuing Bank shall not be obliged to issue any Letter of Credit; (c) the Parent shall procure that the relevant Borrower shall use its best endeavours to procure the release of each Letter of Credit issued by that Issuing Bank and outstanding at such time; and (d) unless any other Lender has agreed to be an Issuing Bank pursuant to the terms of this Agreement, the Revolving Credit Facility shall cease to be available for the issue of Letters of Credit.

Appears in 2 contracts

Samples: Revolving Facility Agreement (South Texas Supply Company, Inc.), Revolving Facility Agreement (South Texas Supply Company, Inc.)

Illegality in relation to Issuing Bank. If it becomes unlawful for an Issuing Bank to issue or leave outstanding any Letter of Credit, then: (a) that Issuing Bank shall promptly notify the Facility Administrative Agent and the Company upon becoming aware of that event; (b) upon the Facility Administrative Agent notifying the Company Loan Parties’ Agent, the Issuing Bank shall not be obliged to issue any Letter of Credit; (c) the Parent shall procure that the relevant Borrower shall use its best endeavours to procure the release of each Letter of Credit issued by that Issuing Bank and outstanding at such time; and (d) unless any other Lender has agreed to be an Issuing Bank pursuant to the terms of this Agreement, the Revolving Credit Facility shall cease to be available for the issue of Letters of Credit.

Appears in 2 contracts

Samples: Credit Agreement (1295728 Alberta ULC), Credit Agreement (1295728 Alberta ULC)

Illegality in relation to Issuing Bank. If it becomes unlawful for an Issuing Bank to issue or leave outstanding any Letter of Credit, then: (a) that Issuing Bank shall promptly notify the Facility Agent and the Company upon becoming aware of that event; (b) upon the Facility Agent notifying the Company Borrower, the Issuing Bank shall not be obliged to issue any Letter of Credit; (c) the relevant Borrower shall use its best endeavours to procure the release of each Letter of Credit issued by that Issuing Bank and outstanding at such time; and (d) unless any other Lender is or has agreed to be become an Issuing Bank pursuant to the terms of this Agreement, the Revolving Credit Facility shall cease to be available for the issue of Letters of Credit.

Appears in 1 contract

Samples: Loan Agreement (Melco Crown Entertainment LTD)

Illegality in relation to Issuing Bank. If it becomes unlawful for an the Issuing Bank to issue or leave outstanding any the Letter of Credit, then: (a) that the Issuing Bank shall promptly notify the Facility Agent and the Company upon becoming aware of that event; (b) upon the Facility Agent notifying the Company Obligors, the Issuing Bank shall not be obliged to issue any the Letter of Credit; (c) the relevant Borrower each Obligor shall use its best endeavours to procure the release of each Letter of Credit issued by that the Issuing Bank and outstanding at such time; and (d) unless any other Lender has agreed to be an replace the Issuing Bank pursuant to the terms of this Agreement, the Revolving Credit Facility B shall cease to be available for the issue of Letters of Creditavailable.

Appears in 1 contract

Samples: Revolving Facilities Agreement (Molson Coors Brewing Co)

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Illegality in relation to Issuing Bank. If it becomes unlawful for an Issuing Bank to issue or leave outstanding any Letter of Credit, then: (a) that Issuing Bank shall promptly notify the Facility Agent and the Company upon becoming aware of that event; (b) upon the Facility Agent notifying the Company Company, the Issuing Bank shall not be obliged to issue any Letter of CreditCredit to the extent that such would be unlawful; (c) the relevant Borrower Company shall procure that each Obligor in On-Loan Obligor shall use its best endeavours to procure the release of each Letter of Credit issued by that Issuing Bank and outstanding at such time; and (d) unless any other Lender has agreed to be an Issuing Bank pursuant to the terms of this Agreement, the Revolving Credit Facility shall cease to be available for the issue of Letters of Credit.

Appears in 1 contract

Samples: Senior Facilities Agreement (Central European Distribution Corp)

Illegality in relation to Issuing Bank. If it becomes unlawful for an Issuing Bank to issue or leave outstanding any Letter of Credit, then: (a) that Issuing Bank shall promptly notify the Facility Agent and the Company upon becoming aware of that event; (b) upon the Facility Agent notifying the Company Parent, the Issuing Bank shall not be obliged to issue any Letter of Credit; (c) to the relevant Borrower extent that it would be unlawful for such a Letter of Credit to remain outstanding the Parent shall procure that each Obligor shall use its best all reasonable endeavours to procure the release of each Letter of Credit issued by that Issuing Bank and outstanding at such time; and (d) unless any other Lender has agreed to be an Issuing Bank pursuant to the terms of this Agreement, the Revolving Credit Facility shall cease to be available for the issue of Letters of Credit.

Appears in 1 contract

Samples: Super Senior Revolving Facility Agreement (Orion Engineered Carbons S.a r.l.)

Illegality in relation to Issuing Bank. If it becomes unlawful for an Issuing Bank to issue or leave outstanding any Letter of Credit, then: (a) 11.2.1 that Issuing Bank shall promptly notify the Facility Agent and the Company upon becoming aware of that event; (b) 11.2.2 upon the Facility Agent notifying the Company Company, the Issuing Bank shall not be obliged to issue any Letter of Credit; (c) 11.2.3 the Company shall procure that the relevant Borrower shall use its best endeavours to procure the release of each Letter of Credit issued by that Issuing Bank and outstanding at such time; and (d) 11.2.4 unless any other Lender has agreed to be an Issuing Bank pursuant to the terms of this Agreement, the Revolving Credit Facility shall cease to be available for the issue of Letters of Credit.

Appears in 1 contract

Samples: Facility Agreement (Edgen Murray PLC)

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