Other Conditions. In addition to the conditions precedent contained in Article IX, the obligation of the Agent to issue or to cause to be issued any applicable Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably acceptable to the Agent: (i) the applicable Borrower shall have delivered to the applicable Letter of Credit Issuer, at least three Business Days (or such shorter period as the applicable Letter of Credit Issuer may, in its reasonable discretion, 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 Agent and 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, rule or regulation 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 3 contracts
Samples: Credit Agreement (United Rentals North America Inc), Credit Agreement (United Rentals North America Inc), Credit Agreement (United Rentals North America Inc)
Other Conditions. In addition to the conditions precedent contained in Article IX10, the obligation of the Agent to issue or to cause to be issued 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 in a manner reasonably acceptable satisfactory to the Agent:
(i) the applicable The Borrower shall have delivered to the applicable Letter of Credit Issuer, at least three Business Days (or such shorter period times and in such manner as the applicable such Letter of Credit Issuer may, in its reasonable discretion, agree) in advance of the proposed date of issuance of any Letter of Creditmay prescribe, an application in form and substance reasonably satisfactory to such 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 and terms of the proposed Letter of Credit shall be reasonably satisfactory to the Agent and the applicable Letter of Credit IssuerIssuer and its purpose shall comply with Section 1.1.3; 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, 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 law) 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. In the event of any direct conflict between any document delivered pursuant to Section 1.2.3(i) and this Agreement, the terms hereof shall control.
Appears in 3 contracts
Samples: Loan and Security Agreement (Integrated Electrical Services Inc), Loan and Security Agreement (Integrated Electrical Services Inc), Loan and Security Agreement (Integrated Electrical Services Inc)
Other Conditions. In addition to the conditions precedent contained in Article IX, the obligation of the Agent to issue or to cause to be issued any applicable Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably acceptable to the Agent:
(i) the The applicable 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, in its reasonable discretion, 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 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 of the proposed Letter of Credit shall be reasonably satisfactory to the Agent and the applicable 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, 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 law) 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 2 contracts
Samples: Credit Agreement (United Rentals North America Inc), Credit Agreement (United Rentals Inc /De)
Other Conditions. In addition to the conditions precedent contained in Article IX8, the obligation of the Administrative Agent to issue or to cause to be issued 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 in a manner reasonably acceptable satisfactory to the Administrative Agent:
(i) the The applicable Borrower shall have delivered to the applicable Letter of Credit Issuer, at least three Business Days (or such shorter period times and in such manner as the applicable such Letter of Credit Issuer may, in its reasonable discretion, agree) in advance of the proposed date of issuance of any Letter of Creditmay prescribe, an application in form and substance reasonably satisfactory to such Letter of Credit Issuer and reasonably satisfactory to 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 form, terms and purpose of the proposed Letter of Credit shall be reasonably satisfactory to the Administrative Agent and the applicable 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, 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 law) 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 2 contracts
Samples: Revolving Credit Agreement (Foamex International Inc), Credit Agreement (Foamex International Inc)
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article IX4, the obligation of the Agent to cause the Issuing Lender to issue or to cause to be issued any applicable Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably acceptable satisfactory to the Agent:
(i) the applicable Borrower Borrowers shall have delivered to the applicable Letter of Credit IssuerIssuing Lender, at least three Business Days (or such shorter period times and in such manner as the applicable Letter of Credit Issuer may, in its reasonable discretion, agree) in advance of the proposed date of issuance of any Letter of CreditIssuing Lender may prescribe, an application in form and substance satisfactory to the Issuing Lender and reasonably satisfactory to such Letter of Credit Issuer 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 Agent and the applicable Letter 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, rule 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 law) 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 2 contracts
Samples: Credit Agreement (Friedmans Inc), Credit Agreement (Friedmans Inc)
Other Conditions. In addition to the satisfaction of the conditions precedent contained in Article IXARTICLE 8, the obligation of the Administrative Agent to issue or to cause to be issued 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 in a manner reasonably acceptable satisfactory to the Administrative Agent:
(i) The Parent or the applicable Borrower UK Borrower, as applicable, shall have delivered to the applicable Letter of Credit Issuer, at least three Business Days (or such shorter period times and in such manner as the applicable such Letter of Credit Issuer may, in its reasonable discretion, agree) in advance of the proposed date of issuance of any Letter of Creditmay prescribe, an application in form and substance reasonably satisfactory to such Letter of Credit Issuer and reasonably satisfactory to 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 Administrative Agent and the applicable 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, 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 law) 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.
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Other Conditions. In addition to the conditions precedent contained in Article IX8, the obligation of the Agent to issue or to cause to be issued 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 in a manner reasonably acceptable satisfactory to the Agent:
(i) the The applicable Borrower shall have delivered to the applicable Letter of Credit Issuer, at least three Business Days (or such shorter period times and in such manner as the applicable such Letter of Credit Issuer may, in its reasonable discretion, agree) in advance of the proposed date of issuance of any Letter of Creditmay prescribe, an application in form and substance reasonably satisfactory to such 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 thereofthereof in connection with such issuance, and the form form, terms and purpose of the proposed Letter of Credit shall be reasonably satisfactory to the Agent and the applicable 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, 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 law) 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 (Gentek Inc)
Other Conditions. In addition to the conditions precedent contained in Article IX8, the obligation of the Agent to issue or to cause to be issued or of the Letter of Credit Issuers to issue any applicable Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably acceptable satisfactory to the Letter of Credit Issuers and the Agent:
(i) the The applicable Borrower shall have delivered to the applicable Letter of Credit Issuer, at least three Business Days (or such shorter period times and in such manner as the applicable such Letter of Credit Issuer may, in its reasonable discretion, agree) in advance of the proposed date of issuance of any Letter of Creditmay prescribe, an application in form and substance reasonably satisfactory to such 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 Agent and the applicable such 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, 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 law) 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
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article IXIV, the obligation of the Agent to issue or to cause any Letter of Credit to be issued any applicable Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably acceptable satisfactory to the AgentAgent and the Letter of Credit Issuer:
(i) the applicable Borrower Borrowers shall have delivered to the applicable Letter of Credit Issuer, at least three Business Days (or such shorter period times and in such manner as the applicable Letter of Credit Issuer may, in its reasonable discretion, agree) in advance of the proposed date of issuance of any Letter of Creditmay prescribe, 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 and terms of the proposed Letter of Credit shall be reasonably satisfactory to the Agent and the applicable 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, rule 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 law) 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 Letter of Credit.
Appears in 1 contract
Other Conditions. In addition to the conditions precedent contained in Article IX8, the obligation of the Agent to issue or to cause to be issued 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 in a manner reasonably acceptable satisfactory to the Agent:
(i1) The Funds Administrator (on behalf of the applicable Borrower requesting Borrower) shall have delivered to the applicable Letter of Credit Issuer, at least three Business Days (or such shorter period times and in such manner as the applicable such Letter of Credit Issuer may, in its reasonable discretion, agree) in advance of the proposed date of issuance of any Letter of Creditmay prescribe, an application in form and substance reasonably satisfactory to such 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 Agent and the applicable 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, 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 law) 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
Other Conditions. In addition to the conditions precedent contained in Article IXSection 10, the obligation of the Agent Letter of Credit Issuer to issue or to cause to be issued any applicable Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably acceptable satisfactory to the Agent:
(i) the applicable Borrower The Borrowers shall have delivered to the applicable Letter of Credit Issuer, at least three Business Days (or such shorter period times and in such manner as the applicable such Letter of Credit Issuer may, in its reasonable discretion, agree) in advance of the proposed date of issuance of any Letter of Creditmay prescribe, an application containing the information described on Exhibit I (which shall be delivered in form and substance reasonably satisfactory to such Letter of Credit Issuer and reasonably satisfactory to the Agent for the issuance of the Letter of Credit 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 Agent and the applicable Letter of Credit Issuer; andIssuer and the Letter of Credit shall be issued for purposes authorized in Section 1.1.3;
(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, 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 law) 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; and
(iii) If a Defaulting Lender exists, such Lender or Borrowers have entered into arrangements satisfactory to Agent and the Letter of Credit Issuer to eliminate any funding risk associated with the Defaulting Lender.
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 Agent to issue or to cause any Letter of Credit to be issued any applicable Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably acceptable satisfactory to the AgentAgent and the Letter of Credit Issuer:
(i) the applicable Borrower Borrowers shall have delivered to the applicable Letter of Credit Issuer, at least three Business Days (or such shorter period times and in such manner as the applicable Letter of Credit Issuer may, in its reasonable discretion, agree) in advance of the proposed date of issuance of any Letter of Creditmay prescribe, 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 and terms of the proposed Letter of Credit shall be reasonably satisfactory to the Agent and the applicable 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, rule 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 law) 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 Letter of Credit.
Appears in 1 contract
Samples: Loan Agreement (Jeffboat LLC)
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article IX9, the obligation of the Agent to issue or Agents to cause any Letter of Credit to be issued any applicable Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably acceptable satisfactory to the AgentAgents and the Letter of Credit Issuer:
(i) the applicable Borrower Borrowers shall have delivered to the applicable Letter of Credit Issuer, at least three Business Days (or such shorter period times and in such manner as the applicable Letter of Credit Issuer may, in its reasonable discretion, agree) in advance of the proposed date of issuance of any Letter of Creditmay prescribe, an application in form and substance reasonably satisfactory to such the Letter of Credit Issuer and reasonably satisfactory to each 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 each Agent and the applicable 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 an 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, rule 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 law) 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 Letter 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 take reasonable steps to cause to be issued 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 in a manner reasonably acceptable satisfactory to the Agent:
(i1) the applicable The Borrower requesting such Letter of Credit or Credit Support for any Letter of Credit shall have delivered to the applicable Letter proposed issuer of Credit Issuer, at least three Business Days (or such shorter period as the applicable Letter of Credit Issuer may, in its reasonable discretion, 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 Agent and the applicable Letter of Credit Issuersuch 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, 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 law) 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
Samples: Loan and Security Agreement (Strategic Distribution Inc)
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 applicable Letter of Credit or to provide Credit Support is subject to the following conditions precedent having been satisfied in a manner reasonably acceptable satisfactory to the Agent:
(i) the applicable Borrower The Borrowers shall have delivered to the applicable Letter of Credit Issuer, at least three Business Days (or such shorter period times and in such manner as the applicable Letter of Credit Issuer may, in its reasonable discretion, agree) in advance of the proposed date of issuance of any Letter of Creditmay prescribe, 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 Agent and the applicable 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, rule 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 law) 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.
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Other Conditions. In addition to the conditions precedent contained in Article IXSection 10, the obligation of the Agent Letter of Credit Issuer to issue or to cause to be issued any applicable Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably acceptable satisfactory to the Agent:
(i) the applicable Borrower The Borrowers shall have delivered to the applicable Letter of Credit Issuer, at least three Business Days (or such shorter period times and in such manner as the applicable such Letter of Credit Issuer may, in its reasonable discretion, agree) in advance of the proposed date of issuance of any Letter of Creditmay prescribe, an application containing the information described on Exhibit I (which shall be delivered in form and substance reasonably satisfactory to such Letter of Credit Issuer and reasonably satisfactory to the Agent for the issuance of the Letter of Credit 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 Agent and the applicable Letter of Credit IssuerIssuer and the Letter of Credit shall be issued for purposes authorized in Section 1.1.3; 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, 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 law) 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
Other Conditions. In addition to the conditions precedent contained in Article IX8, the obligation of the Agent Letter of Credit Issuer to issue or the Administrative Agent to cause to be issued 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 in a manner reasonably acceptable satisfactory to the Administrative Agent:
(i1) the applicable The US Borrower Representative shall have delivered to the applicable Letter of Credit Issuer, at least three Business Days (or such shorter period times and in such manner as the applicable such Letter of Credit Issuer may, in its reasonable discretion, agree) in advance of the proposed date of issuance of any Letter of Creditmay prescribe, an application in form and substance reasonably satisfactory to such Letter of Credit Issuer and reasonably satisfactory to 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 form, terms and purpose of the proposed Letter of Credit shall be reasonably satisfactory to the Administrative Agent and the applicable 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, 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 law) 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
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 issue or to cause to be issued 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 in a manner reasonably acceptable satisfactory to the Administrative Agent:
(i1) the applicable The Borrower shall have delivered to the applicable Letter of Credit Issuer, at least three Business Days (or such shorter period times and in such manner as the applicable such Letter of Credit Issuer may, in its reasonable discretion, agree) in advance of the proposed date of issuance of any Letter of Creditmay prescribe, an application in form and substance reasonably satisfactory to such Letter of Credit Issuer and reasonably satisfactory to 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 Administrative Agent and the applicable 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, 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 law) 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
Other Conditions. In addition to the conditions precedent contained in Article IXARTICLE 8 (Conditions of Lending), the obligation of the Agent to issue or to cause to be issued 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 in a manner reasonably acceptable satisfactory to the Agent:
(i) the applicable The Borrower shall have delivered to the applicable Letter of Credit Issuer, at least three Business Days (or such shorter period times and in such manner as the applicable such Letter of Credit Issuer may, in its reasonable discretion, agree) in advance of the proposed date of issuance of any Letter of Creditmay prescribe, an application in form and substance reasonably satisfactory to such 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 Agent and the applicable 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, 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 law) 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 (Weston Roy F Inc)
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 applicable Letter of Credit or to provide Credit Support for any Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably acceptable satisfactory to the Agent:
(i) the applicable Borrower shall have delivered to the applicable Letter of Credit Issuer, at least three Business Days (or such shorter period as the applicable : The Letter of Credit Issuer mayshall have received, at such times and in its reasonable discretion, agree) in advance of the proposed date of issuance of any such manner as such Letter of CreditCredit Issuer may prescribe, 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 Agent and the applicable 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, then the terms of this Agreement shall be controlling); and
(ii) as and 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, rule 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 law) 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
Other Conditions. In addition to the conditions precedent contained in Article IX8, the obligation of the Agent Letter of Credit Issuer to issue or the Administrative Agent to cause to be issued 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 in a manner reasonably acceptable satisfactory to the Administrative Agent:
(i1) the applicable The US Borrower Representative shall have delivered to the applicable Letter of Credit Issuer, at least three Business Days (or such shorter period times and in such manner as the applicable such Letter of Credit Issuer may, in its reasonable discretion, agree) in advance of the proposed date of issuance of any Letter of Creditmay prescribe, an application in form and substance reasonably satisfactory to such Letter of Credit Issuer and reasonably satisfactory to 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 form, terms and purpose of the proposed Letter of Credit shall be reasonably satisfactory to the Administrative Agent and the applicable Letter of Credit Issuer; and
(ii2) as As of the date of issuance, no order of any court, arbitrator or Governmental Authority or arbitrator 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, 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 law) 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
Other Conditions. In addition to the conditions precedent contained in Article IX8, the obligation of the Administrative Agent to issue or to cause to be issued 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 in a manner reasonably acceptable satisfactory to the Administrative Agent:
(i) the The applicable Borrower shall have delivered to the applicable Letter of Credit Issuer, at least three Business Days (or such shorter period times and in such manner as the applicable such Letter of Credit Issuer may, in its reasonable discretion, agree) in advance of the proposed date of issuance of any Letter of Creditmay prescribe, an application in form and substance reasonably satisfactory to such Letter of Credit Issuer and reasonably satisfactory to 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 form, terms and purpose of the proposed Letter of Credit shall be reasonably satisfactory to the Administrative Agent and the applicable 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, 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 law) 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
Other Conditions. In addition to the conditions precedent contained in Article IX8, the obligation of the Administrative Agent to issue or to cause to be issued 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 in a manner reasonably acceptable satisfactory to the Administrative Agent:
(i) the applicable The requesting Borrower shall have delivered to the applicable Letter of Credit Issuer, at least three Business Days (or such shorter period times and in such manner as the applicable such Letter of Credit Issuer may, in its reasonable discretion, agree) in advance of the proposed date of issuance of any Letter of Creditmay prescribe, an application in form and substance reasonably satisfactory to such Letter of Credit Issuer and reasonably satisfactory to 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 form, terms and purpose of the proposed Letter of Credit shall be reasonably satisfactory to the Administrative Agent and the applicable Letter of Credit Issuer; and
(ii) as As of the date of issuance, no law, regulation or order of any court, arbitrator or Governmental Authority shall purport by its terms to restrict, enjoin or restrain the applicable Letter of Credit Issuer money center banks generally from issuing letters of credit for the purpose of, to the beneficiary of or of the type and in the amount of the proposed Letter of Credit, and no 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 law) 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 (Kforce Inc)
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article IX11 and subject to the applicable DIP Orders, the obligation of the Agent to issue or to cause to be issued 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 in a manner reasonably acceptable satisfactory to the Agent:
(i) the applicable Borrower The Borrowers shall have delivered to the applicable Letter of Credit Issuer, at least three Business Days (or such shorter period times and in such manner as the applicable such Letter of Credit Issuer may, in its reasonable discretion, agree) in advance of the proposed date of issuance of any Letter of Creditmay prescribe, 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 Agent and the applicable such 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, 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 law) 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
Other Conditions. In addition to the conditions precedent contained in Article IXARTICLE 8, the obligation of the Agent Lender to issue or to cause to be issued 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 in a manner reasonably acceptable satisfactory to the AgentLender:
(i1) the applicable The requesting Borrower shall have delivered to the applicable Letter of Credit Issuer, at least three Business Days (or such shorter period times and in such manner as the applicable such Letter of Credit Issuer may, in its reasonable discretion, agree) in advance of the proposed date of issuance of any Letter of Creditmay prescribe, an application in form and substance reasonably satisfactory to such Letter of Credit Issuer and reasonably satisfactory to 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 form, terms and purpose of the proposed Letter of Credit shall be reasonably satisfactory to the Agent Lender and the applicable 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, 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 law) 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
Other Conditions. In addition to being subject to the ---------------- satisfaction of the applicable conditions precedent contained in Article IX8, the obligation of the Agent to issue or to cause to be issued any applicable --------- Letter of Credit or Credit Support is subject to the following conditions precedent having been satisfied in a manner reasonably acceptable satisfactory to the Agent:
(i1) the applicable Borrower Borrowers shall have delivered to the applicable Letter of Credit Issuer, at least three Business Days (or such shorter period times and in such manner as the applicable Letter of Credit Issuer may, in its reasonable discretion, agree) in advance of the proposed date of issuance of any Letter of Creditmay prescribe, 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 or Credit Support 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 or Credit Support shall be reasonably satisfactory to the Agent and the applicable 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
(ii2) 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 CreditCredit or letter of credit for which the proposed Credit Support has been requested, and no law, rule 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 law) 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 CreditCredit or Credit Support.
Appears in 1 contract
Other Conditions. In addition to the conditions precedent contained in Article IX, the obligation of the Agent to issue or to cause to be issued any applicable Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably acceptable to the Agent:
(i) the applicable 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, in its reasonable discretion, 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 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 of the proposed Letter of Credit shall be reasonably satisfactory to the Agent and 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, rule or regulation 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 1 contract
Other Conditions. In addition to the conditions precedent contained in Article IX, the obligation of the Agent to issue or to cause to be issued any applicable Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably acceptable to the Agent:
(i) the applicable 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, in its reasonable discretion, 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 Agent and 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, rule or regulation 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 1 contract
Samples: Credit Agreement (United Rentals North America Inc)
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article IX8, the obligation of the Administrative Agent to issue or to cause to be issued any applicable Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably acceptable satisfactory to the Administrative Agent:
(i) the applicable Borrower Borrowers shall have delivered to the applicable Letter of Credit Issuer, at least three Business Days (or such shorter period times and in such manner as the applicable Letter of Credit Issuer may, in its reasonable discretion, agree) in advance of the proposed date of issuance of any Letter of Creditmay prescribe, an application in form and substance reasonably satisfactory to such the Letter of Credit Issuer and reasonably satisfactory to 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 form, terms, and purpose of the proposed Letter of Credit shall be reasonably satisfactory to the Administrative Agent and the applicable 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 Administrative 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, rule 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 law) 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 (Txi Cement Co)
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 applicable Letter of Credit or to provide credit support for any Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably acceptable satisfactory to the Agent:
(i1) the applicable The Borrower shall have delivered to the applicable Letter proposed issuer of Credit Issuer, at least three Business Days (or such shorter period as the applicable Letter of Credit Issuer may, in its reasonable discretion, 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, provided, however, that such application shall be consistent with the form attached hereto as Exhibit H and the form and terms of the proposed Letter of Credit shall be reasonably satisfactory to the Agent and the applicable Letter of Credit Issuersuch 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, 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 law) 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
Samples: Loan and Security Agreement (Revlon Consumer Products Corp)
Other Conditions. In addition to the conditions precedent contained in Article IX8, the obligation of the Agent Letter of Credit Issuer to issue any Letter of Credit or to cause to be issued provide Credit Support for any applicable Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably acceptable satisfactory to the Agent:.
(i) the applicable (A) The Borrower requesting such Letter of Credit (or Administrative Borrower on behalf of such Borrower) shall have delivered to the applicable Letter of Credit Issuer, at least three Business Days (or such shorter period times and in such manner as the applicable such Letter of Credit Issuer maymay prescribe, in its reasonable discretion, agree) in advance of an application for the proposed date of issuance of any a Letter of Credit, an application 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 (B) the form form, terms and purpose of the proposed Letter of Credit shall be reasonably satisfactory to the Agent and the applicable such 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, 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 law) 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 IX9, the obligation of the Agent to issue or use its best efforts to cause any Letter of Credit to be issued or any applicable Letter of Credit Acceptance to be created is subject to the following conditions precedent having been satisfied in a manner reasonably acceptable satisfactory to the Agent:
(i1) in the case of a Letter of Credit, the applicable Borrower shall have delivered to the applicable Letter proposed issuer of Credit Issuer, at least three Business Days (or such shorter period as the applicable Letter of Credit Issuer may, in its reasonable discretion, 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 Agent and such proposed issuer;
(2) in the case of an Acceptance, the applicable Letter Borrower shall have entered into an acceptance agreement with the bank creating such Acceptance and such other documents as may be required pursuant to the terms thereof, and the terms of Credit Issuersuch acceptance agreement and proposed Acceptance shall be satisfactory to the Agent and such bank; and
(ii3) as of the date of issuanceissuance or creation, 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 or creating banker's acceptances of the type and in the amount of the proposed Letter of CreditCredit or Acceptance, and no 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 law) from any Governmental Public Authority with jurisdiction over such Letter of Credit Issuer money center banks generally shall prohibit, or request that the bank proposed to issue such Letter of Credit Issuer or create such Acceptance refrain from, the issuance of letters of credit or creation of banker's acceptances generally or the issuance of such Letters Letter of CreditCredit or creation of such Acceptance.
Appears in 1 contract
Samples: Loan and Security Agreement (Roadmaster Industries Inc)
Other Conditions. In addition to the conditions precedent contained in Article IX8, the obligation of the Agent Letter of Credit Issuer to issue or the UK Agent to cause to be issued 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 in a manner reasonably acceptable satisfactory to the UK Agent:
(i1) the applicable The UK Borrower shall have delivered to the applicable Letter of Credit Issuer, at least three Business Days (or such shorter period times and in such manner as the applicable such Letter of Credit Issuer may, in its reasonable discretion, agree) in advance of the proposed date of issuance of any Letter of Creditmay prescribe, an application in form and substance reasonably satisfactory to such Letter of Credit Issuer and reasonably satisfactory to the UK 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 UK Agent and the applicable Letter of Credit Issuer; and
(ii2) as As of the date of issuance, no order of any court, arbitrator or Governmental Authority or arbitrator 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, 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 law) 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
Other Conditions. In addition to the conditions precedent contained in Article IX, the obligation of the Agent to issue or to cause to be issued any applicable Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably acceptable to the Agent:
(i) the applicable Borrower shall have delivered to the applicable Letter of Credit Issuer, at least three Business Days (or such shorter period as the applicable Letter of Credit Issuer may, in its reasonable discretion, 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 Agent and the applicable Letter of Credit Issuer; and
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, rule or regulation 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.86 [[5848018]][[DMS:6312716v7:05/07/2024--04:04 PM]] 4861-2153-1574 v.2
Appears in 1 contract
Samples: Credit Agreement (United Rentals North America Inc)
Other Conditions. In addition to the conditions precedent contained in Article IX8, the obligation of the Collateral Agent to issue or to cause to be issued issued, and the Letter of Credit Issuer to issue, any applicable Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably acceptable satisfactory to the AgentCollateral Agent and the Letter of Credit Issuer:
(i1) the applicable Borrower The Borrowers shall have delivered to the applicable Letter of Credit Issuer, at least three Business Days (or such shorter period times and in such manner as the applicable such Letter of Credit Issuer may, in its reasonable discretion, agree) in advance of the proposed date of issuance of any Letter of Creditmay prescribe, an application in form and substance reasonably satisfactory to such the Letter of Credit Issuer and reasonably satisfactory to the Collateral 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 Collateral Agent and the applicable 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, 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 law) 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
Other Conditions. In addition to the conditions precedent contained in Article IXSection 9, the obligation of the Agent Letter of Credit Issuer to issue or to cause to be issued any applicable Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably acceptable satisfactory to the AgentLetter of Credit Issuer:
(ia) the applicable Borrower Representative shall have delivered to the applicable Letter of Credit Issuer, Issuer at least three Business Days (or such shorter period as the applicable Letter of Credit Issuer may, in its reasonable discretion, agree) in advance of prior to the proposed date of issuance of any Letter of Creditissuance, an application in customary form and substance and reasonably satisfactory to such Letter of Credit Issuer for the issuance of the Letter of Credit 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 Agent and the applicable Letter of Credit Issuer, it being understood that if any provision of any letter of credit application is inconsistent with any provision of this Agreement, then the provisions of this Agreement shall govern to the extent of any such inconsistency; and
(iib) 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, rule or regulation 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, 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 Agent to issue or to cause to be issued any applicable Letter of Credit or Credit Support is subject to the following conditions precedent having been satisfied in a manner reasonably acceptable satisfactory to the Agent:
(i) the applicable Borrower shall have delivered to the applicable Letter of Credit Issuer, at least three Business Days (or such shorter period times and in such manner as the applicable Letter of Credit Issuer may, in its reasonable discretion, agree) in advance of the proposed date of issuance of any Letter of Creditmay prescribe, 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 or Credit Support 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 or Credit Support shall be reasonably satisfactory to the Agent and the applicable 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 CreditCredit or letter of credit for which the proposed Credit Support has been requested, and no law, rule 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 law) 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 CreditCredit or Credit Support.
Appears in 1 contract
Samples: Credit Agreement (Texas Petrochemical Holdings Inc)
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 applicable Letter of Credit or to provide Credit Support for any Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably acceptable satisfactory to the Agent:
(i1) the The applicable Borrower shall have delivered to the applicable Letter of Credit Issuer, at least three Business Days (or such shorter period times and in such manner as the applicable such Letter of Credit Issuer may, in its reasonable discretion, agree) in advance of the proposed date of issuance of any Letter of Creditmay prescribe, an application in form and substance reasonably satisfactory to such 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 and terms of the proposed Letter of Credit shall be reasonably satisfactory to the Agent and the applicable 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, 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 law) 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
Other Conditions. In addition to the conditions precedent contained in Article IX8, the obligation of the Agent Letter of Credit Issuer to issue or the UK Agent to cause to be issued 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 in a manner reasonably acceptable satisfactory to the UK Agent:
(i1) the applicable The UK Borrower Representative shall have delivered to the applicable Letter of Credit Issuer, at least three Business Days (or such shorter period times and in such manner as the applicable such Letter of Credit Issuer may, in its reasonable discretion, agree) in advance of the proposed date of issuance of any Letter of Creditmay prescribe, an application in form and substance reasonably satisfactory to such Letter of Credit Issuer and reasonably satisfactory to the UK 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 UK Agent and the applicable 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, 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 law) 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
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 applicable Letter of Credit or to provide Credit Support for any Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably acceptable satisfactory to the Agent:
(i1) the applicable The Borrower shall have delivered to the applicable Letter of Credit Issuer, at least three Business Days (or such shorter period times and in such manner as the applicable such Letter of Credit Issuer may, in its reasonable discretion, agree) in advance of the proposed date of issuance of any Letter of Creditmay prescribe, an application in form and substance reasonably satisfactory to such 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 and terms of the proposed Letter of Credit shall be reasonably satisfactory to the Agent and the applicable 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, 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 law) 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 (Fruit of the Loom LTD)
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article IX10 and subject to the Interim Bankruptcy Court Order and the Final Bankruptcy Court Order, as the case may be, the obligation of the Agent to issue or to cause to be issued 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 in a manner reasonably acceptable satisfactory to the Agent:
(i1) the applicable Borrower The Borrowers shall have delivered to the applicable Letter of Credit Issuer, at least three Business Days (or such shorter period times and in such manner as the applicable such Letter of Credit Issuer may, in its reasonable discretion, agree) in advance of the proposed date of issuance of any Letter of Creditmay prescribe, 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 Agent and 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, 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 law) 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
Other Conditions. In addition to being subject to the satisfaction ---------------- of the applicable conditions precedent contained in Article IX4, the ---------- obligation of the Agent Lender to issue or to cause to be issued 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 in a manner reasonably acceptable satisfactory to the AgentLender:
(i) the applicable Borrower shall have delivered to the applicable Letter of Credit Issuer, at least three Business Days (or such shorter period times and in such manner as the applicable such Letter of Credit Issuer may, in its reasonable discretion, agree) in advance of the proposed date of issuance of any Letter of Creditmay prescribe, an application in form and substance reasonably satisfactory to such Letter of Credit Issuer and 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 Agent Lender and the applicable 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, 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 law) 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
Other Conditions. In addition to the conditions precedent contained in Article IX8, the obligation of the Administrative Agent to issue or to cause to be issued 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 in a manner reasonably acceptable satisfactory to the Administrative Agent:
(i1) the applicable Such Borrower shall have delivered to the applicable Letter of Credit Issuer, at least three Business Days (or such shorter period times and in such manner as the applicable such Letter of Credit Issuer may, in its reasonable discretion, agree) in advance of the proposed date of issuance of any Letter of Creditmay prescribe, an application in form and substance reasonably satisfactory to such Letter of Credit Issuer and reasonably satisfactory to 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 form, terms and purpose of the proposed Letter of Credit shall be reasonably satisfactory to the Administrative Agent and the applicable Letter of Credit Issuer; and
(ii2) as As of the date of issuance, no law, regulation or order of any court, arbitrator or Governmental Authority shall purport by its terms to restrict, enjoin or restrain the applicable Letter of Credit Issuer money center banks generally from issuing letters of credit for the purpose of, to the beneficiary of or of the type and in the amount of the proposed Letter of Credit, and no 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 law) 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 (Kforce Inc)
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article IX8, the obligation of the Agent to issue or to cause to be issued any applicable Letter of Credit or Credit Support is subject to the following conditions precedent having been satisfied in a manner reasonably acceptable satisfactory to the Agent:
(i) the applicable Borrower Borrowers shall have delivered to the applicable Letter of Credit Issuer, at least three Business Days (or such shorter period times and in such manner as the applicable Letter of Credit Issuer may, in its reasonable discretion, agree) in advance of the proposed date of issuance of any Letter of Creditmay prescribe, 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 or Credit Support 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 or Credit Support shall be reasonably satisfactory to the Agent and the applicable 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 CreditCredit or letter of credit for which the proposed Credit Support has been requested, and no law, rule 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 law) 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 CreditCredit or Credit Support.
Appears in 1 contract
Samples: Credit Agreement (Egl Inc)
