Other Conditions. In addition to the conditions precedent contained in Article IX, the obligation of the Letter of Credit Issuers to issue any applicable Letter of Credit is subject to the following conditions precedent having been satisfied: (i) the Borrower shall have delivered to the applicable Letter of Credit Issuer, at least three (3) Business Days (or such shorter period as the applicable Letter of Credit Issuer may agree) in advance of the proposed date of issuance of any Letter of Credit, an application in form and substance reasonably satisfactory to such Letter of Credit Issuer for the issuance of the Letter of Credit and such other documents as may be reasonably required pursuant to the terms thereof, and the form of the proposed Letter of Credit shall be reasonably satisfactory to the applicable Letter of Credit Issuer; and (ii) as of the date of issuance, no order of any court, arbitrator or Governmental Authority shall purport by its terms to enjoin or restrain the applicable Letter of Credit Issuer from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no Law applicable to the applicable Letter of Credit Issuer and no request or directive (whether or not having the force of Law) from any Governmental Authority with jurisdiction over such Letter of Credit Issuer shall prohibit, or request that the proposed Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such Letters of Credit.
Appears in 9 contracts
Samples: Credit Agreement (ProPetro Holding Corp.), Restatement Agreement (ProPetro Holding Corp.), Credit Agreement (ProFrac Holding Corp.)
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article IXSection Six, the obligation of the Letter of Credit Issuers Issuer to issue cause to be issued any applicable Letter of Credit is subject to the following conditions precedent having been satisfiedsatisfied in a manner satisfactory to the Agent:
(i) the Borrower The Borrowers shall have delivered to the applicable Letter of Credit Issuer, at least three (3) Business Days (or such shorter period times and in such manner as the applicable such Letter of Credit Issuer may agree) in advance of the proposed date of issuance of any Letter of Creditprescribe, an application in form and substance reasonably satisfactory to such the Letter of Credit Issuer for the issuance of the Letter of Credit and such other documents as may be reasonably required pursuant to the terms thereof, and the form and terms of the proposed Letter of Credit shall be reasonably satisfactory to the applicable Agent and Letter of Credit Issuer; and
(ii) as As of the date of issuance, no order of any court, arbitrator or Governmental Authority shall purport by its terms to enjoin or restrain the applicable Letter of Credit Issuer money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no Law law, rule or regulation applicable to the applicable Letter of Credit Issuer money center banks generally and no request or directive (whether or not having the force of Lawlaw) from any Governmental Authority with jurisdiction over such Letter of Credit Issuer money center banks generally shall prohibit, or request that the proposed Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such Letters of Credit.
Appears in 9 contracts
Samples: Loan and Security Agreement (Regional Management Corp.), Loan and Security Agreement (Regional Management Corp.), Loan and Security Agreement (Regional Management Corp.)
Other Conditions. In addition to the conditions precedent contained in Article IX, the obligation of the Letter of Credit Issuers to issue any applicable Letter of Credit is subject to the following conditions precedent having been satisfied:
(i) the Borrower shall have delivered to the applicable Letter of Credit Issuer, at least three (3) Business Days (or such shorter period as the applicable Letter of Credit Issuer may agree) in advance of the proposed date of issuance of any Letter of Credit, an application in form and substance reasonably satisfactory to such Letter of Credit Issuer for the issuance of the Letter of Credit and such other documents as may be reasonably required pursuant to the terms thereof, and the form of the proposed Letter of Credit shall be reasonably satisfactory to the applicable Letter of Credit Issuer; and;
(ii) as of the date of issuance, no order of any court, arbitrator or Governmental Authority shall purport by its terms to enjoin or restrain the applicable Letter of Credit Issuer from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no Law applicable to the applicable Letter of Credit Issuer and no request or directive (whether or not having the force of Law) from any Governmental Authority with jurisdiction over such Letter of Credit Issuer shall prohibit, or request that the proposed Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such Letters of Credit, and
(iii) as of the date of issuance, such requested Letter of Credit shall not violate any internal policy or guideline of the applicable Letter of Credit Issuer.
Appears in 6 contracts
Samples: Credit Agreement (ProFrac Holding Corp.), Credit Agreement (ProFrac Holding Corp.), Credit Agreement (ProFrac Holding Corp.)
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article IX10, the obligation of the Letter of Credit Issuers Agent to issue take reasonable steps to cause to be issued any applicable Letter of Credit is subject to the following conditions precedent having been satisfiedsatisfied in a manner satisfactory to the Agent:
(i) the Borrower shall have delivered to the applicable Letter proposed issuer of Credit Issuer, at least three (3) Business Days (or such shorter period as the applicable Letter of Credit Issuer may agree) in advance of the proposed date of issuance of any Letter of Credit, at such times and in such manner as such proposed issuer may prescribe, an application in form and substance reasonably satisfactory to such Letter of Credit Issuer proposed issuer for the issuance of the Letter of Credit and such other documents as may be reasonably required pursuant to the terms thereof, and the form and terms of the proposed Letter of Credit shall be reasonably satisfactory to the applicable Letter of Credit IssuerAgent and such proposed issuer; and
(ii) as of the date of issuance, no order of any court, arbitrator or Governmental Authority shall purport by its terms to enjoin or restrain the applicable Letter of Credit Issuer money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no Law law, rule or regulation applicable to the applicable Letter of Credit Issuer money center banks generally and no request or directive (whether or not having the force of Lawlaw) from any Governmental Authority with jurisdiction over such Letter of Credit Issuer money center banks generally shall prohibit, or request that the proposed issuer of such Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such Letters of Credit.
Appears in 2 contracts
Samples: Loan and Security Agreement (LDM Technologies Co), Loan and Security Agreement (LDM Technologies Inc)
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article IX9, the obligation of the Letter of Credit Issuers Agent to issue take reasonable steps to cause to be issued any applicable Letter of Credit is subject to the following conditions precedent having been satisfiedsatisfied in a manner satisfactory to the Agent:
(i1) the applicable Borrower shall have delivered to the applicable Letter proposed issuer of Credit Issuer, at least three (3) Business Days (or such shorter period as the applicable Letter of Credit Issuer may agree) in advance of the proposed date of issuance of any Letter of Credit, at such times and in such manner as such proposed issuer may prescribe, an application in form and substance reasonably satisfactory to such Letter of Credit Issuer proposed issuer for the issuance of the Letter of Credit and such other documents as may be reasonably required pursuant to the terms thereof, and the form and terms of the proposed Letter of Credit shall be reasonably satisfactory to the applicable Letter of Credit IssuerAgent and such proposed issuer; and
(ii2) as of the date of issuance, no order of any court, arbitrator or Governmental Public Authority shall purport by its terms to enjoin or restrain the applicable Letter of Credit Issuer money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no Law law, rule or regulation applicable to the applicable Letter of Credit Issuer money center banks generally and no request or directive (whether or not having the force of Lawlaw) from any Governmental Public Authority with jurisdiction over such Letter of Credit Issuer money center banks generally shall prohibit, or request that the proposed issuer of such Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such Letters of Credit.
Appears in 2 contracts
Samples: Loan and Security Agreement (Laclede Steel Co /De/), Loan and Security Agreement (Laclede Steel Co /De/)
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article IXSection 11, the obligation of the Letter of Credit Issuers Bank to issue or extend any applicable Letter of Credit is subject to the following conditions precedent having been satisfiedsatisfied in a manner satisfactory to the Bank:
(i1) the The applicable Borrower shall have delivered to the applicable Letter of Credit IssuerBank, at least three (3) Business Days (or such shorter period times and in such manner as the applicable Letter of Credit Issuer Bank may agree) in advance of the proposed date of issuance of any Letter of Creditprescribe, an application in form and substance reasonably satisfactory to such Letter of Credit Issuer the Bank for the issuance of the Letter of Credit and such other documents as may be reasonably required pursuant to the terms thereof, and the form and terms of the proposed Letter of Credit shall be reasonably satisfactory to the applicable Letter of Credit IssuerBank; and
(ii2) as As of the date of issuance, no order of any court, arbitrator or Governmental Public Authority shall purport by its terms to enjoin or restrain the applicable Letter of Credit Issuer money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no Law law, rule or regulation applicable to the applicable Letter of Credit Issuer money center banks generally and no request or directive (whether or not having the force of Lawlaw) from any Governmental Public Authority with jurisdiction over such Letter of Credit Issuer money center banks generally shall prohibit, or request that the proposed issuer of such Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such Letters of Credit.
Appears in 2 contracts
Samples: Loan and Security Agreement (Outlook Group Corp), Loan and Security Agreement (Outlook Group Corp)
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article IX8, the obligation of the Letter of Credit Issuers Agent to issue cause to be issued any applicable Letter of Credit is subject to the following conditions precedent having been satisfiedsatisfied in a manner reasonably satisfactory to the Agent:
(i) the Borrower Borrowers shall have delivered to the applicable Letter of Credit Issuer, at least three (3) Business Days (or such shorter period times and in such manner as the applicable Letter of Credit Issuer may agree) in advance of the proposed date of issuance of any Letter of Creditprescribe, an application in form and substance reasonably satisfactory to such the Letter of Credit Issuer and reasonably satisfactory to the Agent for the issuance of the Letter of Credit and such other documents as may be reasonably required pursuant to the terms thereof, and the form form, terms, and purpose of the proposed Letter of Credit shall be reasonably satisfactory to the applicable Agent and the Letter of Credit IssuerIssuer (provided that in the event any term of such application or any other document is inconsistent with the terms of this Agreement and the Letter of Credit Issuer is either the same Person as the Agent or any Lender, then the terms of this Agreement shall be controlling); and
(ii) as of the date of issuance, no order of any court, arbitrator arbitrator, or Governmental Authority shall purport by its terms to enjoin or restrain the applicable Letter of Credit Issuer money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no Law law, rule, or regulation applicable to the applicable Letter of Credit Issuer money center banks generally and no request or directive (whether or not having the force of Lawlaw) from any Governmental Authority with jurisdiction over such Letter of Credit Issuer money center banks generally shall prohibit, or request that the proposed Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such proposed Letters of Credit.
Appears in 2 contracts
Samples: Credit Agreement (Imperial Sugar Co /New/), Credit Agreement (Imperial Sugar Co /New/)
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article IXARTICLE 10, the obligation of the Agent to issue or to cause to be issued any Letter of Credit Issuers or to issue any applicable Letter of provide Credit Support is subject to the following conditions precedent having been satisfiedsatisfied in a manner satisfactory to the Agent:
(i) the Borrower The Borrowers shall have delivered to the applicable Letter of Credit Issuer, at least three (3) Business Days (or such shorter period times and in such manner as the applicable Letter of Credit Issuer may agree) in advance of the proposed date of issuance of any Letter of Creditprescribe, an application in form and substance reasonably satisfactory to such the Letter of Credit Issuer and satisfactory to the Agent for the issuance of the Letter of Credit and such other documents as may be reasonably required pursuant to the terms thereof, and the form and terms of the proposed Letter of Credit shall be reasonably satisfactory to the applicable Agent and the Letter of Credit IssuerIssuer (PROVIDED that in the event any term of such application or any other document is inconsistent with the terms of this Agreement and the Letter of Credit Issuer and the Agent are the same Person, then the terms of this Agreement shall be controlling); and
(ii) as As of the date of issuance, no order of any court, arbitrator arbitrator, or Governmental Authority shall purport by its terms to enjoin or restrain the applicable Letter of Credit Issuer banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no Law law, rule, or regulation applicable to the applicable Letter of Credit Issuer banks generally and no request or directive (whether or not having the force of Lawlaw) from any Governmental Authority with jurisdiction over such Letter of Credit Issuer banks generally shall prohibit, or request that the proposed Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such Letters proposed Letter of Credit.
Appears in 2 contracts
Samples: Loan and Security Agreement (Metals Usa Inc), Post Petition Loan Agreement (Metals Usa Inc)
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article IX5, the obligation of the Letter of Credit Issuers Revolving Agent to cause the Issuing Lender to issue any applicable Letter of Credit is subject to the following conditions precedent having been satisfiedsatisfied in a manner reasonably satisfactory to the Revolving Agent:
(i) the Borrower Borrowers shall have delivered to the applicable Letter of Credit IssuerIssuing Lender, at least three (3) Business Days (or such shorter period times and in such manner as the applicable Letter of Credit Issuer Issuing Lender may agree) in advance of the proposed date of issuance of any Letter of Creditprescribe, an application in form and substance satisfactory to the Issuing Lender and reasonably satisfactory to such Letter of Credit Issuer the Revolving Agent for the issuance of the Letter of Credit and such other documents as may be reasonably required pursuant to the terms thereof, and the form form, terms, and purpose of the proposed Letter of Credit shall be reasonably satisfactory to the applicable Letter Revolving Agent and the Issuing Lender (provided that in the event any term of Credit Issuersuch application or any other document is inconsistent with the terms of this Agreement the terms of this Agreement shall be controlling); and
(ii) as of the date of issuance, no order of any court, arbitrator arbitrator, or Governmental Authority shall purport by its terms to enjoin or restrain the applicable Letter of Credit Issuer money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no Law law, rule, or regulation applicable to the applicable Letter of Credit Issuer money center banks generally and no request or directive (whether or not having the force of Lawlaw) from any Governmental Authority with jurisdiction over such Letter of Credit Issuer money center banks generally shall prohibit, or request that the proposed Letter of Credit Issuer Issuing Lender refrain from, the issuance of letters of credit generally or the issuance of such proposed Letters of Credit.
Appears in 1 contract
Samples: Credit Agreement (Friedmans Inc)
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article IXSection 11, the obligation of the Letter of Credit Issuers Lender to issue cause to be issued any applicable Letter of Credit is subject to the following conditions precedent having been satisfiedsatisfied in a manner satisfactory to the Lender:
(i1) the The Borrower shall have delivered to the applicable Letter proposed issuer of Credit Issuer, at least three (3) Business Days (or such shorter period as the applicable Letter of Credit Issuer may agree) in advance of the proposed date of issuance of any Letter of Credit, at such times and in such manner as such proposed issuer may prescribe, an application in form and substance reasonably satisfactory to such Letter of Credit Issuer proposed issuer and the Lender for the 22 30 issuance of the Letter of Credit and such other documents as may be reasonably required pursuant to the terms thereof, and the form and terms of the proposed Letter of Credit shall be reasonably satisfactory to the applicable Letter of Credit IssuerLender and such proposed issuer; and
(ii2) as As of the date of issuance, no order of or any court, arbitrator or Governmental Public Authority shall purport by its terms to enjoin or restrain the applicable Letter of Credit Issuer money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no Law law, rule or regulation applicable to the applicable Letter of Credit Issuer money center banks generally and no request or directive (whether or not having the force of Lawlaw) from any Governmental Public Authority with jurisdiction over such Letter of Credit Issuer money center banks generally shall prohibit, or request that the proposed issuer of such Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such Letters of Credit.
Appears in 1 contract
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article IX8, the obligation of the Letter of Credit Issuers Agent to issue cause to be issued any applicable Letter of Credit is subject to the following conditions precedent having been satisfiedsatisfied in a manner reasonably satisfactory to the Agent:
(i) the Borrower Borrowers shall have delivered to the applicable Letter of Credit Issuer, at least three (3) Business Days (or such shorter period times and in such manner as the applicable Letter of Credit Issuer may agree) in advance of the proposed date of issuance of any Letter of Creditprescribe, an application in form and substance reasonably satisfactory to such the Letter of Credit Issuer and reasonably satisfactory to the Agent for the issuance of the Letter of Credit and such other documents as may be reasonably required pursuant to the terms thereof, and the form form, terms, and purpose of the proposed Letter of Credit shall be reasonably satisfactory to the applicable Agent and the Letter of Credit IssuerIssuer (provided that in the event any term of such application or any other document is inconsistent with the terms of this Agreement and the Letter of Credit Issuer is either the same Person as the Agent or any Lender then the terms of this Agreement shall be controlling); and
(ii) as of the date of issuance, no order of any court, arbitrator arbitrator, or Governmental Authority shall purport by its terms to enjoin or restrain the applicable Letter of Credit Issuer money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no Law law, rule, or regulation applicable to the applicable Letter of Credit Issuer money center banks generally and no request or directive (whether or not having the force of Lawlaw) from any Governmental Authority with jurisdiction over such Letter of Credit Issuer money center banks generally shall prohibit, or request that the proposed Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such proposed Letters of Credit.
Appears in 1 contract
Samples: Credit Agreement (Brown Shoe Co Inc)
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article IX8, the obligation of the Letter of Credit Issuers Agent to issue cause to be issued any applicable Letter of Credit is subject to the following conditions precedent having been satisfiedsatisfied in a manner reasonably satisfactory to the Agent:
(i) the Borrower Borrowers shall have delivered to the applicable Letter of Credit Issuer, at least three (3) Business Days (or such shorter period times and in such manner as the applicable Letter of Credit Issuer may agree) in advance of the proposed date of issuance of any Letter of Creditprescribe, an application in form and substance reasonably satisfactory to such the Letter of Credit Issuer and reasonably satisfactory to the Agent for the issuance of the Letter of Credit and such other documents as may be reasonably required pursuant to the terms thereof, and the form form, terms, and purpose of the proposed Letter of Credit shall be reasonably satisfactory to the applicable Agent and the Letter of Credit IssuerIssuer (provided that in the event any term of such application or any other document is inconsistent with the terms of this Agreement and the Letter of Credit Issuer is either the same Person as the Agent or any Lender then the terms of this Agreement shall be controlling); and
(ii) as of the date of issuance, no order of any court, arbitrator arbitrator, or Governmental Authority shall purport by its terms to enjoin or restrain the applicable Letter of Credit Issuer money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no Law law, rule, or regulation applicable to the applicable Letter of Credit Issuer money center banks generally and no request or directive (whether or not having the force of Lawlaw) from any Governmental Authority with jurisdiction over such Letter of Credit Issuer money center banks generally shall prohibit, or request that the proposed Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such proposed Letters of Credit.
Appears in 1 contract
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article IX10, the obligation of the Agent to issue or to cause to be issued any Letter of Credit Issuers or to issue provide Credit Support for any applicable Letter of Credit is subject to the following conditions precedent having been satisfiedsatisfied in a manner satisfactory to the Agent:
(i) the Borrower shall have delivered to the applicable The Letter of Credit IssuerIssuer shall have received, at least three (3) Business Days (or such shorter period times and in such manner as the applicable such Letter of Credit Issuer may agree) in advance of the proposed date of issuance of any Letter of Creditprescribe, an application in form and substance reasonably satisfactory to such Letter of Credit Issuer and the Agent for the issuance of the Letter of Credit and such other documents as may be reasonably required pursuant to the terms thereof, and the form and terms of the proposed Letter of Credit shall be reasonably satisfactory to the applicable Agent and the Letter of Credit Issuer; and
(ii) as As of the date of issuance, no order of any court, arbitrator or Governmental Authority shall purport by its terms to enjoin or restrain the applicable Letter of Credit Issuer money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no Law law, rule or regulation applicable to the applicable Letter of Credit Issuer money center banks generally and no request or directive (whether or not having the force of Lawlaw) from any Governmental Authority with jurisdiction over such Letter of Credit Issuer money center banks generally shall prohibit, or request that the proposed Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such Letters of Credit.
Appears in 1 contract
Samples: Loan and Security Agreement (Parker Drilling Co /De/)
Other Conditions. In addition to being subject to the ---------------- satisfaction of the applicable conditions precedent contained in Article IXSection 11, the ---------- obligation of the Letter of Credit Issuers Lender to issue cause to be issued any applicable Letter of Credit is subject to the following conditions precedent having been satisfiedsatisfied in a manner satisfactory to the Lender:
(i1) the The relevant Borrower shall have delivered to the applicable Letter proposed issuer of Credit Issuer, at least three (3) Business Days (or such shorter period as the applicable Letter of Credit Issuer may agree) in advance of the proposed date of issuance of any Letter of Credit, at such times and in such manner as such proposed issuer may prescribe, an application in form and substance reasonably satisfactory to such Letter of Credit Issuer proposed issuer and the Lender for the issuance of the Letter of Credit and such other documents as may be reasonably required pursuant to the terms thereof, and the form and terms of the proposed Letter of Credit shall be reasonably satisfactory to the applicable Letter of Credit IssuerLender and such proposed issuer; and
(ii2) as As of the date of issuance, no order of any court, arbitrator or Governmental Public Authority shall purport by its terms to enjoin or restrain the applicable Letter of Credit Issuer money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no Law law, rule or regulation applicable to the applicable Letter of Credit Issuer money center banks generally and no request or directive (whether or not having the force of Lawlaw) from any Governmental Public Authority with jurisdiction over such Letter of Credit Issuer money center banks generally shall prohibit, or request that the proposed issuer of such Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such Letters of Credit.
Appears in 1 contract
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article IXSECTION 11, the obligation of the Letter of Credit Issuers Agent to issue cause to be issued any applicable Letter of Credit is subject to the following conditions precedent having been satisfiedsatisfied in a manner satisfactory to the Agent:
(i1) the The relevant Borrower shall have delivered to the applicable Letter proposed issuer of Credit Issuer, at least three (3) Business Days (or such shorter period as the applicable Letter of Credit Issuer may agree) in advance of the proposed date of issuance of any Letter of Credit, at such times and in such manner as such proposed issuer may prescribe, an application in form and substance reasonably satisfactory to such Letter of Credit Issuer proposed issuer and the Agent for the issuance of the Letter of Credit and such other documents as may be reasonably required pursuant to the terms thereof, and the form and terms of the proposed Letter of Credit shall be reasonably satisfactory to the applicable Letter of Credit IssuerAgent and such proposed issuer; and
(ii2) as As of the date of issuance, no order of any court, arbitrator or Governmental Public Authority shall purport by its terms to enjoin or restrain the applicable Letter of Credit Issuer money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no Law law, rule or regulation applicable to the applicable Letter of Credit Issuer money center banks generally and no request or directive (whether or not having the force of Lawlaw) from any Governmental Public Authority with jurisdiction over such Letter of Credit Issuer money center banks generally shall prohibit, or request that the proposed issuer of such Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such Letters of Credit.
Appears in 1 contract
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article IXIV, the obligation of the Letter of Credit Issuers Agent to issue take reasonable steps to cause to be issued any applicable Letter of Credit is subject to the following conditions precedent having been satisfiedsatisfied in a manner satisfactory to the Agent:
(i1) the The Borrower shall have delivered to the applicable Letter proposed Issuing Bank of Credit Issuer, at least three (3) Business Days (or such shorter period as the applicable Letter of Credit Issuer may agree) in advance of the proposed date of issuance of any Letter of Credit, at such time and in such manner as such proposed issuer may prescribe, an application in form and substance reasonably satisfactory to such Letter of Credit Issuer proposed issuer for the issuance of the Letter of Credit and such other documents as may be reasonably required pursuant to the terms thereof, and the form and terms of the proposed Letter of Credit shall be reasonably satisfactory to the applicable Letter of Credit IssuerAgent and such proposed Issuing Bank; and
(ii2) as of the date of issuance, no order of any court, arbitrator or Governmental Authority shall purport by its terms to enjoin or restrain the applicable Letter of Credit Issuer money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no Law law, rule or regulation applicable to the applicable Letter of Credit Issuer money center banks generally and no request or directive (whether or not having the force of Lawlaw) from any Governmental Authority with jurisdiction over such Letter of Credit Issuer money center banks generally shall prohibit, or request that the proposed issuer of such Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such Letters of Credit.
Appears in 1 contract
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article IXSECTION 11, the obligation of the Letter of Credit Issuers Lender to issue cause to be issued any applicable Letter of Credit is subject to the following conditions precedent having been satisfiedsatisfied or waived by Lender:
(i1) the The Borrower shall have delivered to the applicable Letter proposed issuer of Credit Issuer, at least three (3) Business Days (or such shorter period as the applicable Letter of Credit Issuer may agree) in advance of the proposed date of issuance of any Letter of Credit, at such times and in such manner as such proposed issuer may prescribe, an application in form and substance reasonably satisfactory to such Letter of Credit Issuer proposed issuer and the Lender for the issuance of the Letter of Credit and such other documents as may be reasonably required pursuant to the terms thereof, and the form and terms of the proposed Letter of Credit shall be reasonably satisfactory to the applicable Letter of Credit IssuerLender and such proposed issuer; and
(ii2) as As of the date of issuance, no order of any court, arbitrator or Governmental Public Authority shall purport by its terms to enjoin or restrain the applicable issuer of the proposed Letter of Credit Issuer from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no Law law, rule or regulation applicable to the applicable Letter of Credit Issuer money center banks generally and no request or directive (whether or not having the force of Lawlaw) from any Governmental Public Authority with jurisdiction over such Letter of Credit Issuer money center banks generally shall prohibit, or request that the proposed issuer of such Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such Letters of Credit.
Appears in 1 contract
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article IX10, the obligation of the Administrative Agent to take reasonable steps to cause to be issued any Letter of Credit Issuers or to issue provide Credit Support for any applicable Letter of Credit is subject to the following conditions precedent having been satisfiedsatisfied in a manner satisfactory to the Administrative Agent:
(i1) the The applicable Borrower shall have delivered to the applicable Letter proposed issuer of Credit Issuer, at least three (3) Business Days (or such shorter period as the applicable Letter of Credit Issuer may agree) in advance of the proposed date of issuance of any Letter of Credit, at such times and in such manner as such proposed issuer may prescribe, an application in form and substance reasonably satisfactory to such Letter of Credit Issuer proposed issuer and the Administrative Agent for the issuance of the Letter of Credit and such other documents as may be reasonably required pursuant to the terms thereof, and the form and terms of the proposed Letter of Credit shall be reasonably satisfactory to the applicable Letter of Credit IssuerAdministrative Agent and such proposed issuer; and
(ii2) as As of the date of issuance, no order of any court, arbitrator or Governmental Authority shall purport by its terms to enjoin or restrain the applicable Letter of Credit Issuer money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no Law law, rule or regulation applicable to the applicable Letter of Credit Issuer money center banks generally and no request or directive (whether or not having the force of Lawlaw) from any Governmental Authority with jurisdiction over such Letter of Credit Issuer money center banks generally shall prohibit, or request that the proposed issuer of such Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such Letters of Credit.
Appears in 1 contract
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article IXSection 11, the obligation of the Letter of Credit Issuers Lender to issue cause to be issued any applicable Letter of Credit is subject to the following conditions precedent having been satisfiedsatisfied in a manner satisfactory to the Lender:
(i1) the The Borrower shall have delivered to the applicable Letter proposed issuer of Credit Issuer, at least three (3) Business Days (or such shorter period as the applicable Letter of Credit Issuer may agree) in advance of the proposed date of issuance of any Letter of Credit, at such times and in such manner as such proposed issuer may prescribe, an application in form and substance reasonably satisfactory to such Letter of Credit Issuer proposed issuer and the Lender for the issuance of the Letter of Credit and such other documents as may be reasonably required pursuant to the terms thereof, and the form and terms of the proposed Letter of Credit shall be reasonably satisfactory to the applicable Letter of Credit IssuerLender and such proposed issuer; and
(ii2) as As of the date of issuance, no order of any court, arbitrator or Governmental Public Authority shall purport by its terms to enjoin or restrain the applicable Letter of Credit Issuer money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no Law law, rule or regulation applicable to the applicable Letter of Credit Issuer money center banks generally and no request or directive (whether or not having the force of Lawlaw) from any Governmental Public Authority with jurisdiction over such Letter of Credit Issuer money center banks generally shall prohibit, or request that the proposed issuer of such Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such Letters of Credit.
Appears in 1 contract
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article IXSection 11, the obligation of the Letter of Credit Issuers Agent to issue cause to be issued any applicable Letter of Credit is subject to the following conditions precedent having been satisfiedsatisfied in a manner satisfactory to the Agent:
(i1) the The relevant Borrower shall have delivered to the applicable Letter proposed issuer of Credit Issuer, at least three (3) Business Days (or such shorter period as the applicable Letter of Credit Issuer may agree) in advance of the proposed date of issuance of any Letter of Credit, at such times and in such manner as such proposed issuer may prescribe, an application in form and substance reasonably satisfactory to such Letter of Credit Issuer proposed issuer and the Agent for the issuance of the Letter of Credit and such other documents as may be reasonably required pursuant to the terms thereof, and the form and terms of the proposed Letter of Credit shall be reasonably satisfactory to the applicable Letter of Credit IssuerAgent and such proposed issuer; and
(ii2) as As of the date of issuance, no order of any court, arbitrator or Governmental Public Authority shall purport by its terms to enjoin or restrain the applicable Letter of Credit Issuer money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no Law law, rule or regulation applicable to the applicable Letter of Credit Issuer money center banks generally and no request or directive (whether or not having the force of Lawlaw) from any Governmental Public Authority with jurisdiction over such Letter of Credit Issuer money center banks generally shall prohibit, or request that the proposed issuer of such Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such Letters of Credit.
Appears in 1 contract
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article IXSection 11, the obligation of the Letter of Credit Issuers Lender to issue cause to be issued any applicable Letter of Credit is subject to the following conditions precedent having been satisfiedsatisfied in a manner satisfactory to the Lender:
(i) the The Borrower shall have delivered to the applicable Letter proposed issuer of Credit Issuer, at least three (3) Business Days (or such shorter period as the applicable Letter of Credit Issuer may agree) in advance of the proposed date of issuance of any Letter of Credit, at such times and in such manner as such proposed issuer may prescribe, an application in form and substance reasonably satisfactory to such Letter of Credit Issuer proposed issuer and the Lender for the issuance of the Letter of Credit and such other documents as may be reasonably required pursuant to the terms thereof, and the form and terms of the proposed Letter of Credit shall be reasonably satisfactory to the applicable Letter of Credit IssuerLender and such proposed issuer; and
(ii) as As of the date of issuance, no order of any court, arbitrator or Governmental Public Authority shall purport by its terms to enjoin or restrain the applicable Letter of Credit Issuer money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no Law law, rule or regulation applicable to the applicable Letter of Credit Issuer money center banks generally and no request or directive (whether or not having the force of Lawlaw) from any Governmental Public Authority with jurisdiction over such Letter of Credit Issuer money center banks generally shall prohibit, or request that the proposed issuer of such Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such Letters of Credit.
Appears in 1 contract
Other Conditions. In addition to the conditions precedent contained in Article IX8, the obligation of the Letter of Credit Issuers Issuer to issue any applicable Letter of Credit or to provide Credit Support for any Letter of Credit is subject to the following conditions precedent having been satisfied:satisfied in a manner reasonably satisfactory to the Agent.
(i1) the The Borrower shall have delivered to the applicable Letter of Credit Issuer, at least three (3) Business Days (or such shorter period times and in such manner as the applicable such Letter of Credit Issuer may agree) in advance of the proposed date of issuance of any Letter of Creditprescribe, an application for the issuance of a Letter of Credit in form and substance reasonably satisfactory to such Letter of Credit Issuer for and reasonably satisfactory to the issuance of the Letter of Credit Agent and such other documents as may be reasonably required pursuant to the terms thereof, and the form form, terms and purpose of the proposed Letter of Credit shall be reasonably satisfactory to the applicable such Letter of Credit Issuer; and
(ii2) as As of the date of issuance, no order of any court, arbitrator or Governmental Authority shall purport by its terms to enjoin or restrain the applicable Letter of Credit Issuer money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no Law law, rule or regulation applicable to the applicable Letter of Credit Issuer money center banks generally and no request or directive (whether or not having the force of Lawlaw) from any Governmental Authority with jurisdiction over such Letter of Credit Issuer money center banks generally shall prohibit, or request that the proposed Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such Letters of Credit.
Appears in 1 contract
Samples: Credit Agreement (Saks Inc)
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article IX10, the obligation of the Letter of Credit Issuers Agent to issue take reasonable steps to cause to be issued any applicable Letter of Credit is subject to the following conditions precedent having been satisfiedsatisfied in a manner satisfactory to the Agent:
(i1) the The Borrower shall have delivered to the applicable Letter proposed issuer of Credit Issuer, at least three (3) Business Days (or such shorter period as the applicable Letter of Credit Issuer may agree) in advance of the proposed date of issuance of any Letter of Credit, at such times and in such manner as such proposed issuer may prescribe, an application in form and substance reasonably satisfactory to such Letter of Credit Issuer proposed issuer for the issuance of the Letter of Credit and such other documents as may be reasonably required pursuant to the terms thereof, and the form and terms of the proposed Letter of Credit shall be reasonably satisfactory to the applicable Letter of Credit IssuerAgent and such proposed issuer; and
(ii2) as As of the date of issuance, no order of any court, arbitrator or Governmental Authority shall purport by its terms to enjoin or restrain the applicable Letter of Credit Issuer money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no Law law, rule or regulation applicable to the applicable Letter of Credit Issuer money center banks generally and no request or directive (whether or not having the force of Lawlaw) from any Governmental Authority with jurisdiction over such Letter of Credit Issuer money center banks generally shall prohibit, or request that the proposed issuer of such Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such Letters of Credit.
Appears in 1 contract
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article IXherein provided, the obligation of the Agent to issue or cause to be issued any Letter of Credit Issuers or to issue provide any applicable Letter of Credit Support is subject to the following conditions precedent having been satisfiedsatisfied in a manner satisfactory to the Agent:
(i) the The Borrower shall have delivered to the applicable Letter of Credit Issuer, at least three (3) Business Days (or such shorter period times and in such manner as the applicable such Letter of Credit Issuer may agree) in advance of the proposed date of issuance of any Letter of Creditprescribe, an application in form and substance reasonably satisfactory to such Letter of Credit Issuer of the Letter of Credit for the issuance of the Letter of Credit and such other documents as may be reasonably required pursuant to the terms thereof, and the form and terms of the proposed Letter of Credit shall be reasonably satisfactory to the applicable Letter of Credit IssuerIssuer and the Agent; and
(ii) as As of the date of issuance, no order of any court, arbitrator or Governmental Public Authority shall purport by its terms to enjoin or restrain the applicable Letter of Credit Issuer banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no Law law, rule or regulation applicable to the applicable Letter of Credit Issuer banks generally and no request or directive (whether or not having the force of Lawlaw) from any Governmental Public Authority with jurisdiction over such Letter of Credit Issuer banks generally shall prohibit, or request that the proposed Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such Letters of Credit.
Appears in 1 contract
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article IXSection 11, the obligation of the Letter of Credit Issuers Agent to issue cause to be issued any applicable Letter of Credit is subject to the following conditions precedent having been satisfiedsatisfied in a manner satisfactory to the Agent:
(i1) the The Borrower shall have delivered to the applicable Letter proposed issuer of Credit Issuer, at least three (3) Business Days (or such shorter period as the applicable Letter of Credit Issuer may agree) in advance of the proposed date of issuance of any Letter of Credit, at such times and in such manner as such proposed issuer may prescribe, an application in form and substance reasonably satisfactory to such Letter of Credit Issuer proposed issuer and the Agent for the issuance of the Letter of Credit and such other documents as may be reasonably required pursuant to the terms thereof, and the form and terms of the proposed Letter of Credit shall be reasonably satisfactory to the applicable Letter of Credit IssuerAgent and such proposed issuer; and
(ii2) as As of the date of issuance, no order of any court, arbitrator or Governmental Public Authority shall purport by its terms to enjoin or restrain the applicable Letter of Credit Issuer money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no Law law, rule or regulation applicable to the applicable Letter of Credit Issuer money center banks generally and no request or directive (whether or not having the force of Lawlaw) from any Governmental Public Authority with jurisdiction over such Letter of Credit Issuer money center banks generally shall prohibit, or request that the proposed issuer of such Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such Letters of Credit.
Appears in 1 contract
Samples: Loan and Security Agreement (Woodworkers Warehouse Inc)