Common use of Limitations on Issuance, Extension and Amendment Clause in Contracts

Limitations on Issuance, Extension and Amendment. (i) As between the Issuing Bank, on the one hand, and the Agent and the Lenders, on the other hand, the Issuing Bank shall be justified and fully protected in issuing such Letter of Credit after receiving authorization from the Agent as provided in Section 2.18(a) hereof, notwithstanding any subsequent notices to the Issuing Bank, any knowledge of an Event of Default (unless the Issuing Bank shall have received a notice specifying that such Event of Default is an "Event of Default" under this Agreement) or Potential Default, any knowledge of failure of any condition specified in Section 4.03 hereof to be satisfied, any other knowledge of the Issuing Bank, or any other event, condition or circumstance whatever. The Issuing Bank may amend, modify or supplement Letters of Credit or Letter of Credit Applications, or waive compliance to any condition of issuance or payment, without the consent of, and without liability to, the Agent or any Lender, provided that any such amendment, modification or supplement that extends the expiration date or increases the Letter of Credit Undrawn Availability of an outstanding Letter of Credit shall be subject to Sections 2.17(a) and (b) hereof. (ii) As between the Agent, on the one hand, and the Lenders, on the other hand, the Agent shall not authorize issuance of any Letter of Credit if the Agent shall have received, at least two Business Days before authorizing such issuance, from the Required Lenders an unrevoked written notice that any condition precedent set forth in Section 4.03 will not be -41- 52 satisfied and expressly requesting that the Agent direct the Issuing Bank to cease to issue Letters of Credit. Absent such notice, or unless the Agent determines that the applicable limitations set forth in Sections 2.17(a) and 2.17(b) hereof are not satisfied, the Agent shall be justified and fully protected, as against the Lenders, in authorizing the Issuing Bank to issue such Letter of Credit, notwithstanding any subsequent notices to the Agent, any knowledge of an Event of Default or Potential Default, any knowledge of failure of any condition specified in Section 4.03 hereof to be satisfied, any other knowledge of the Agent, or any other event, condition or circumstance whatever.

Limitations on Issuance, Extension and Amendment. (i) As between the Issuing Bank, on the one hand, and the Agent Agents and the LendersBanks, on the other hand, the Issuing Bank shall be justified and fully protected in issuing such Letter of Credit after receiving authorization from the Administrative Agent as provided in Section 2.18(a2.03(a) hereof, notwithstanding any subsequent notices to the Issuing Bank, any knowledge of an Event of Default (unless the Issuing Bank shall have received a notice specifying that such Event of Default is an "Event of Default" under this Agreement) or Potential Default, any knowledge of failure of any condition specified in Section 4.03 4.02 hereof to be satisfied, any other knowledge of the Issuing Bank, or any other event, condition or circumstance whateverwhatsoever. The Issuing Bank may amend, modify or supplement Letters of Credit or Letter of Credit Applications, or waive compliance to with any condition of issuance or payment, without the consent of, and without liability to, the any Agent or any LenderBank, provided that any such amendment, modification or supplement that extends the expiration date or increases the Letter Stated Amount of Credit Undrawn Availability of or the amount available to be drawn on an outstanding Letter of Credit shall be subject to Sections 2.17(a) and (b) hereofSection 2.01. (ii) As between the Administrative Agent, on the one hand, and the LendersBanks, on the other hand, the Administrative Agent shall not authorize issuance of any Letter of Credit if the Administrative Agent shall have received, at least two one Business Days Day before authorizing such issuance, from the Required Lenders Banks an unrevoked written notice that any condition precedent set forth in Section 4.03 4.02 will not be -41- 52 satisfied as of the time of such issuance and expressly requesting that the Administrative Agent direct the Issuing Bank to cease to issue Letters of Credit. Absent such notice, or unless the Administrative Agent determines that the applicable limitations set forth in Sections 2.17(a) and 2.17(b) Section 2.01 hereof are not satisfied, the Administrative Agent shall be justified and fully protected, as against the LendersBanks, in authorizing the Issuing Bank to issue such Letter of Credit, notwithstanding any subsequent notices to the Administrative Agent, any knowledge of an Event of Default or Potential Default, any knowledge of failure of any condition specified in Section 4.03 4.02 hereof to be satisfied, any other knowledge of the Administrative Agent, or any other event, condition or circumstance whateverwhatsoever.

Limitations on Issuance, Extension and Amendment. (i) As between the Issuing Bank, on the one hand, and the Agent and the Lenders, on the other hand, the Issuing Bank shall be justified and fully protected in issuing such Letter of Credit after receiving authorization from the Agent as provided in Section 2.18(a) hereof, notwithstanding any subsequent notices to the Issuing Bank, any knowledge of an Event of Default (unless the Issuing Bank shall have received a notice specifying that such Event of Default is an "Event of Default" under this Agreement) or Potential Default, any knowledge of failure of any condition specified in Section 4.03 4.02 hereof to be satisfied, any other knowledge of the Issuing Bank, or any other event, condition or circumstance whateverwhatsoever. The Issuing Bank may amend, modify or supplement Letters of Credit or Letter of Credit Applications, or waive compliance to any condition of issuance or payment, without the consent of, and without liability to, the Agent or any Lender, provided that any such amendment, modification or supplement that extends the expiration date or increases the Letter of Credit Undrawn Availability of an outstanding Letter of Credit shall be subject to Sections 2.17(a) and (b) hereof. (ii) As between the Agent, on the one hand, and the Lenders, on the other hand, the Agent shall not authorize issuance of any Letter of Credit if the Agent shall have received, at least two Business Days before authorizing such issuance, from the Required Lenders an unrevoked written notice that any condition precedent set forth in Section 4.03 4.02 will not be -41- 52 satisfied and expressly requesting that the Agent direct the Issuing Bank to cease to issue Letters of Credit. Absent such notice, or unless the Agent determines that the applicable limitations set forth in Sections 2.17(a) and 2.17(b) hereof are not satisfied, the Agent shall be justified and fully protected, as against the Lenders, in authorizing the Issuing Bank to issue such Letter of Credit, notwithstanding any subsequent notices to the Agent, any knowledge of an Event of Default or Potential Default, any knowledge of failure of any condition specified in Section 4.03 4.02 hereof to be satisfied, any other knowledge of the Agent, or any other event, condition or circumstance whateverwhatsoever.

Limitations on Issuance, Extension and Amendment. (i) As between the Issuing Bank, on the one hand, and the Agent and the LendersBanks, on the other hand, the Issuing Bank shall be justified and fully protected in issuing such a Letter of Credit after receiving authorization from the Agent as provided in Section 2.18(a2.03(a) hereof, notwithstanding any subsequent notices to the Issuing Bank, any knowledge of an Event of Default (unless the Issuing Bank shall have received a notice specifying that such Event of Default is an "Event of Default" under this Agreement) or Potential Default, any knowledge of failure of any condition specified in Section 4.03 4.02 hereof to be satisfied, any other knowledge of the Issuing Bank, or any other event, condition or circumstance whateverwhatsoever. The Issuing Bank may amend, modify or supplement Letters of Credit or Letter of Credit Applications, or waive compliance to with any condition of issuance or payment, without the consent of, and without liability to, the Agent or any LenderBank, provided that any such amendment, modification or supplement that extends the expiration date or increases the Letter Stated Amount of Credit Undrawn Availability of or the amount available to be drawn on an outstanding Letter of Credit shall be subject to Sections 2.17(a) and (b) hereofSection 2.01. (ii) As between the Agent, on the one hand, and the LendersBanks, on the other hand, the Agent shall not authorize issuance of any Letter of Credit if the Agent shall have received, at least two Business Days before authorizing such issuance, from the Required Lenders Banks an unrevoked written notice that any condition precedent set forth in Section 4.03 4.02 will not be -41- 52 satisfied as of the time of such issuance and expressly requesting that the Agent direct the Issuing Bank to cease to issue Letters of Credit. Absent such notice, or unless the Agent determines that the applicable limitations set forth in Sections 2.17(a) and 2.17(b) Section 2.01 hereof are not satisfied, the Agent shall be justified and fully protected, as against the LendersBanks, in authorizing the Issuing Bank to issue such Letter of Credit, notwithstanding any subsequent notices to the Agent, any knowledge of an Event of Default or Potential Default, any knowledge of failure of any condition specified in Section 4.03 4.02 hereof to be satisfied, any other knowledge of the Agent, or any other event, condition or circumstance whateverwhatsoever.

Limitations on Issuance, Extension and Amendment. (i) As between the Issuing Bank, on the one hand, and the Administrative Agent and the Lenders, on the other hand, the Issuing Bank shall be justified and fully protected in issuing such any Letter of Credit after receiving authorization (including any deemed issuance arising from the Agent increase or extension of a Letter of Credit as provided in Section 2.18(a3.2(b) hereof), notwithstanding any subsequent notices to the Issuing Bank, any knowledge of an Event of Default (unless the Issuing Bank shall have received a notice specifying that such Event of Default is an "Event of Default" under this Agreement) or Potential Default, any knowledge of failure of any condition specified in Section 4.03 5.2 hereof to be satisfied, any other knowledge of the Issuing Bank, or any other event, condition or circumstance whatever. The Issuing Bank may amend, modify or supplement Letters of Credit or Letter of Credit Applications, or waive compliance to any condition of issuance or payment, without the consent of, and without liability to, the Agent or any Lender, provided that any such amendment, modification or supplement that extends the expiration date or increases the Letter of Credit Undrawn Availability of an outstanding Letter of Credit shall be subject to Sections 2.17(a) and (b) hereof. (ii) As between the AgentIssuing Bank, on the one hand, and the Lenders, on the other hand, the Agent Issuing Bank shall not authorize issuance of issue any Letter of Credit pursuant to Section 3.2(a) (including any deemed issuance arising from increase or extension of a Letter of Credit as provided in Section 3.2(b)) if the Agent Issuing Bank shall have received, at least two Business Days before authorizing such issuance, from the Required Lenders an unrevoked written notice that any condition precedent set forth in Section 4.03 5.2 will not be -41- 52 satisfied and expressly requesting that the Agent direct the Issuing Bank to cease to issue issuing Letters of Credit. Absent Unless the Issuing Bank has received such notice, notice or unless the Agent determines has determined that the applicable limitations set forth in Sections 2.17(a3.1(a) and 2.17(b3.1(b) hereof are not satisfied, the Agent Issuing Bank shall be justified and fully protected, as against the Lenders, in authorizing the Issuing Bank to issue issuing such Letter of Credit, notwithstanding any subsequent notices to the Issuing Bank or the Administrative Agent, any knowledge of an Event of Default or Potential Default, any knowledge of failure of any condition specified in Section 4.03 5.2 hereof to be satisfied, any other knowledge of the Issuing Bank or the Administrative Agent, or any other event, condition or circumstance whatever.

Limitations on Issuance, Extension and Amendment. (i) As between the Issuing Bank, on the one hand, and the Agent Agents and the LendersBanks, on the other hand, the Issuing Bank shall be justified and fully protected in issuing such Letter of Credit after receiving authorization from the Administrative Agent as provided in Section 2.18(a2.03(a) hereof, notwithstanding any subsequent notices to the Issuing Bank, any knowledge of an Event of Default (unless the Issuing Bank shall have received a notice specifying that such Event of Default is an "Event of Default" under this Agreement) or Potential Default, any knowledge of failure of any condition specified in Section 4.03 4.02 hereof to be satisfied, any other knowledge of the Issuing Bank, or any other event, condition or circumstance whateverwhatsoever. The Issuing Bank may amend, modify or supplement Letters of Credit or Letter of Credit Applications, or waive compliance to with any condition of issuance or payment, without the consent of, and without liability to, the any Agent or any LenderBank, provided that any such amendment, modification or supplement that extends the expiration date or increases the Letter Stated Amount of Credit Undrawn Availability of or the amount available to be drawn on an outstanding Letter of Credit shall be subject to Sections 2.17(a) and (b) hereofSection 2.01. (ii) As between the Administrative Agent, on the one hand, and the LendersBanks, on the other hand, the Administrative Agent shall not authorize issuance of any Letter of Credit if the Administrative Agent shall have received, at least two Business Days before authorizing such issuance, from the Required Lenders Banks an unrevoked written notice that any condition precedent set forth in Section 4.03 4.02 will not be -41- 52 satisfied as of the time of such issuance and expressly requesting that the Administrative Agent direct the Issuing Bank to cease to issue Letters of Credit. Absent such notice, or unless the Agent determines that the applicable limitations set forth in Sections 2.17(a) and 2.17(b) hereof are not satisfied, the Agent shall be justified and fully protected, as against the Lenders, in authorizing the Issuing Bank to issue such Letter of Credit, notwithstanding any subsequent notices to the Agent, any knowledge of an Event of Default or Potential Default, any knowledge of failure of any condition specified in Section 4.03 hereof to be satisfied, any other knowledge of the Agent, or any other event, condition or circumstance whatever.,

Limitations on Issuance, Extension and Amendment. (i) As between the Borrower, on the one hand, and the Lender Parties, on the other hand, the issuance or extension of any Letter of Credit (including any deemed issuance arising from increase or extension of a Letter of Credit as provided in Section 3.02(b) hereof) is within the discretion of each Issuing Bank. (ii) As between each Issuing Bank, on the one hand, and the Agent and the Lenders, on the other hand, the such Issuing Bank shall be justified and fully protected in issuing such any Letter of Credit (including any deemed issuance arising from increase or extension of a Letter of Credit as provided in Section 3.02(b) hereof) after receiving authorization from the Agent as provided in Section 2.18(a3.02(a) hereof, notwithstanding any subsequent notices to the Issuing Bank, any knowledge of an Event of Default (unless the Issuing Bank shall have received a notice specifying that such Event of Default is an "Event of Default" under this Agreement) or Potential Default, any knowledge of failure of any condition specified in Section 4.03 5.02 hereof to be satisfied, any other knowledge of the Issuing Bank, or any other event, condition or circumstance whatever. The Issuing Bank may amend, modify or supplement Letters of Credit or Letter of Credit Applications, or waive compliance to any condition of issuance or payment, without the consent of, and without liability to, the Agent or any Lender, provided that any such amendment, modification or supplement that extends the expiration date or increases the Letter of Credit Undrawn Availability of an outstanding Letter of Credit shall be subject to Sections 2.17(a) and (b) hereof. (iiiii) As between the Agent, on the one hand, and the Lenders, on the other hand, the Agent shall not authorize issuance of any Letter of Credit pursuant to Section 3.02(a) (including any deemed issuance arising from increase or extension of a Letter of Credit as provided in Section 3.02(b)) if the Agent shall have received, at least two Business Days before authorizing such issuance, from the Required Lenders an unrevoked written notice that any condition precedent set forth in Section 4.03 5.02 will not be -41- 52 satisfied and expressly requesting that the Agent direct the Issuing Bank Banks to cease to issue Letters of Credit. Absent such notice, or unless Unless the Agent determines has received such notice or has determined that the applicable limitations set forth in Sections 2.17(a3.01(a) and 2.17(b3.01(b) hereof are not satisfied, the Agent shall be justified and fully protected, as against the Lenders, in authorizing the Issuing Bank to issue such Letter of Credit, notwithstanding any subsequent notices to the Agent, any knowledge of an Event of Default or Potential Default, any knowledge of failure of any condition specified in Section 4.03 5.02 hereof to be satisfied, any other knowledge of the Agent, or any other event, condition or circumstance whatever.

Limitations on Issuance, Extension and Amendment. (i) As between the Issuing Bank, on the one hand, and the Agent and the LendersBanks, on the other hand, the Issuing Bank shall be justified and fully protected in issuing such a Participated Letter of Credit after receiving authorization from the Agent as provided in Section 2.18(a2.05(a) hereof, notwithstanding any subsequent notices to the Issuing Bank, any knowledge of an Event of Default (unless the Issuing Bank shall have received a notice specifying that such Event of Default is an "Event of Default" under this Agreement) or Potential Default, any knowledge of failure of any condition specified in Section 4.03 4.02 hereof to be satisfied, any other knowledge of the Issuing Bank, or any other event, condition or circumstance whateverwhatsoever. The Issuing Bank may amend, modify or supplement Participated Letters of Credit or Letter of Credit Applications, or waive compliance to with any condition of issuance or payment, without the consent of, and without liability to, the Agent or any LenderBank, provided that any such amendment, modification or supplement that extends the expiration date or increases the Letter Stated Amount of Credit Undrawn Availability of or the amount available to be drawn on an outstanding Participated Letter of Credit shall be subject to Sections 2.17(a) and (b) hereofSection 2.04. (ii) As between the Agent, on the one hand, and the LendersBanks, on the other hand, the Agent shall not authorize issuance of any Participated Letter of Credit if the Agent shall have received, at least two (2) Business Days before authorizing such issuance, from the Required Lenders Banks an unrevoked written notice that any condition precedent set forth in Section 4.03 4.02 will not be -41- 52 satisfied as of the time of such issuance and expressly requesting that the Agent direct the Issuing Bank to cease to issue Participated Letters of Credit. Absent such notice, or unless the Agent determines that the applicable limitations set forth in Sections 2.17(a) and 2.17(b) Section 2.04 hereof are not satisfied, the Agent shall be justified and fully protected, as against the LendersBanks, in authorizing the Issuing Bank to issue such Participated Letter of Credit, notwithstanding any subsequent notices to the Agent, any knowledge of an Event of Default or Potential Default, any knowledge of failure of any condition specified in Section 4.03 4.02 hereof to be satisfied, any other knowledge of the Agent, or any other event, condition or circumstance whateverwhatsoever.

Limitations on Issuance, Extension and Amendment. (iA) As between the Borrower, on the one hand, and the Agent and the Lenders, on the other hand, the issuance or extension of any Letter of Credit (including any deemed issuance arising from increase or extension of a Letter of Credit as provided in Section 3.01(b)(ii)) is subject to the applicable conditions precedent set forth or referred to in this Section 3.01 and Articles V and VIII. In addition, each Issuing Bank shall be justified and fully protected in declining to issue or extend any Letter of Credit (including any deemed issuance) if the Issuing Bank has not received authorization to do so from the Agent as provided in Section 3.01(b)(i). (B) As between each Issuing Bank, on the one hand, and the Agent and the Lenders, on the other hand, the such Issuing Bank shall be justified and fully protected in issuing such any Letter of Credit (including any deemed issuance arising from increase or extension of a Letter of Credit as provided in Section 3.01(b)(ii)) after receiving authorization from the Agent as provided in Section 2.18(a) hereof3.01(b)(i), notwithstanding any subsequent notices to the Issuing Bank, any knowledge of an Event of Default (unless the Issuing Bank shall have received a notice specifying that such Event of Default is an "Event of Default" under this Agreement) or Potential Default, any knowledge of failure of any applicable condition specified set forth or referred to in this Section 4.03 hereof 3.01 or Articles V or VIII to be satisfied, any other knowledge of the Issuing Bank, or any other event, condition or circumstance whatever. The Issuing Bank may amend, modify or supplement Letters of Credit or Letter of Credit Applications, or waive compliance to any condition of issuance or payment, without the consent of, and without liability to, the Agent or any Lender, provided that any such amendment, modification or supplement that extends the expiration date or increases the Letter of Credit Undrawn Availability of an outstanding Letter of Credit shall be subject to Sections 2.17(a) and (b) hereof. (iiC) As between the Agent, on the one hand, and the Lenders, on the other hand, the Agent shall not authorize issuance of any Letter of Credit pursuant to Section 3.01(b)(i) (including any deemed issuance arising from increase or extension of a Letter of Credit as provided in Section 3.01(b)(ii)) if the Agent shall have received, at least two Business Days before authorizing such issuance, from the Required Lenders an unrevoked written notice that any applicable condition precedent set forth or referred to in this Section 4.03 3.01 or Article V or VIII will not be -41- 52 satisfied and expressly requesting that the Agent direct the Issuing Bank Banks to cease to issue Letters of Credit. Absent such notice, or unless Unless the Agent determines has received such notice or has determined that the applicable limitations set forth in Sections 2.17(a3.01(a)(i) and 2.17(b3.01(a)(ii) hereof are not satisfied, the Agent shall be justified and fully protected, as against the Lenders, in authorizing the Issuing Bank to issue such Letter of Credit, notwithstanding any subsequent notices to the Agent, any knowledge of an Event of Default or Potential Default, any knowledge of failure of any condition specified in Section 4.03 hereof to be satisfied, any other knowledge of the Agent, or any other event, condition or circumstance whatever.any