Reliance, Etc. Subject to Section 2.05(d), each LC Issuing Bank shall be entitled (but not obligated) to rely, and shall be fully protected in relying, on the representation and warranty by the Borrowers set forth in the last sentence of Section 3.02 to establish whether the conditions specified in Section 3.02 are met in connection with any issuance or extension of a Letter of Credit. The rights and obligations of each LC Issuing Bank under each Letter of Credit issued by it shall be governed by the provisions thereof and the provisions of the UCP and/or UCC referred to therein or otherwise applicable thereto.
Appears in 2 contracts
Samples: Debt Agreement (Vencor Inc), Debtor in Possession Credit Agreement (Mariner Post Acute Network Inc)
Reliance, Etc. Subject to Section 2.05(d2.07(e), each LC Issuing Bank shall be entitled (but not obligated) to rely, and shall be fully protected in relying, on the representation and warranty by the Borrowers Borrower set forth in the last sentence of Section 3.02 to establish whether the conditions specified in clauses (c) and (d) of Section 3.02 are met in connection with any issuance or extension of a Letter of Credit. The rights and obligations of each LC Issuing Bank under each Letter of Credit issued by it shall be governed by the provisions thereof and the provisions of the UCP and/or UCC referred to therein or otherwise applicable thereto.
Appears in 1 contract
Samples: Credit Agreement (Vencor Inc)
Reliance, Etc. Subject to Section 2.05(d2.06(d), each LC Issuing Bank shall be entitled (but not obligated) to rely, and shall be fully protected in relying, on the representation and warranty by the Borrowers Borrower set forth in the last sentence of Section 3.02 to establish whether the conditions specified in Section 3.02 are met in connection with any issuance or extension of a Letter of Credit. The rights and obligations of each LC Issuing Bank under each Letter of Credit issued by it shall be governed by the provisions thereof and the provisions of the UCP and/or UCC referred to therein or otherwise applicable thereto.
Appears in 1 contract
Samples: Debtor in Possession Credit Agreement (Crown Vantage Inc)
Reliance, Etc. Subject to Section 2.05(d2.07(d), each LC Issuing Bank shall be entitled (but not obligated) to rely, and shall be fully protected in relying, on the representation and warranty by the Borrowers Borrower set forth in the last sentence of Section 3.02 to establish whether the conditions specified in clauses (iii) and (iv) of Section 3.02 are met in connection with any issuance or extension of a Letter of Credit. The rights and obligations of each LC Issuing Bank under each Letter of Credit issued by it shall be governed by the provisions thereof and the provisions of the UCP and/or UCC referred to therein or otherwise applicable thereto.
Appears in 1 contract
Reliance, Etc. Subject to Section 2.05(d), each Each LC Issuing Bank shall be entitled (but not obligated) to rely, and shall be fully protected in relying, on the representation and warranty by the Borrowers Vencor set forth in the last sentence of Section 3.02 3.03 to establish whether the conditions specified in clauses (c) and (d) of Section 3.02 3.03 are met in connection with any issuance or extension of a Letter of Credit. The rights and obligations of each LC Issuing Bank under each Letter of Credit issued by it shall be governed by the provisions thereof and the provisions of the UCP and/or UCC referred to therein or otherwise applicable thereto.
Appears in 1 contract
Samples: Credit Agreement (Vencor Inc)