Common use of Rights Against Letter of Credit Issuer Clause in Contracts

Rights Against Letter of Credit Issuer. Nothing contained in this Agreement is intended to limit the Borrower’s rights or claims, if any, under Law or otherwise, against any Letter of Credit Issuer which arise as a result of the letter of credit application and related documents executed by such Letter of Credit Issuer or which arise as a result of such Letter of Credit Issuer’s willful misconduct, gross negligence or bad faith (as determined by a court of competent jurisdiction in a final and non-appealable decision).

Appears in 16 contracts

Samples: Credit Agreement (ProPetro Holding Corp.), Credit Agreement (ProFrac Holding Corp.), Credit Agreement (ProFrac Holding Corp.)

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Rights Against Letter of Credit Issuer. Nothing contained in this Agreement is intended to limit the any Borrower’s rights or claims's rights, if any, under Law or otherwise, against any with respect to the Letter of Credit Issuer which arise as a result of the letter of credit application and related documents executed by and between such Letter of Credit Issuer or which arise as a result of such Borrower and the Letter of Credit Issuer’s willful misconduct, gross negligence or bad faith (as determined by a court of competent jurisdiction in a final and non-appealable decision).

Appears in 12 contracts

Samples: Credit Agreement (3com Corp), Credit Agreement (Brown Shoe Co Inc/), Credit Agreement (Maxxam Inc)

Rights Against Letter of Credit Issuer. Nothing contained in this Agreement is intended to limit the Borrower’s rights or claims's rights, if any, under Law or otherwise, against any with respect to the Letter of Credit Issuer which arise as a result of the letter of credit application and related documents executed by such Letter of Credit Issuer or which arise as a result of such and between the Borrower and the Letter of Credit Issuer’s willful misconduct, gross negligence or bad faith (as determined by a court of competent jurisdiction in a final and non-appealable decision).

Appears in 9 contracts

Samples: Credit Agreement (3com Corp), Credit Agreement (Applica Inc), Credit Agreement (Texas Petrochemical Holdings Inc)

Rights Against Letter of Credit Issuer. Nothing contained in this Agreement is intended to limit the Borrower’s rights or claimsrights, if any, under Law or otherwise, against any with respect to the Letter of Credit Issuer which arise as a result of the letter of credit application and related documents executed by such Letter of Credit Issuer or which arise as a result of such and between the Borrower and the Letter of Credit Issuer’s willful misconduct, gross negligence or bad faith (as determined by a court of competent jurisdiction in a final and non-appealable decision).

Appears in 8 contracts

Samples: Credit Agreement (Applica Inc), Credit Agreement (Omnova Solutions Inc), Credit Agreement (Omnova Solutions Inc)

Rights Against Letter of Credit Issuer. Nothing contained in this Agreement is intended to limit the any Borrower’s rights or claimsrights, if any, under Law or otherwise, against any with respect to the Letter of Credit Issuer which arise as a result of the letter of credit application and related documents executed by and between such Letter of Credit Issuer or which arise as a result of such Borrower and the Letter of Credit Issuer’s willful misconduct, gross negligence or bad faith (as determined by a court of competent jurisdiction in a final and non-appealable decision).

Appears in 7 contracts

Samples: Credit Agreement (Manufacturers Services LTD), Credit Agreement (Imperial Sugar Co /New/), Credit Agreement (Levi Strauss & Co)

Rights Against Letter of Credit Issuer. Nothing contained in this Agreement is intended to limit the Borrower’s rights or claimsBorrowers’ rights, if any, under Law or otherwise, against with respect to any Letter of Credit Issuer which arise as a result of the letter of credit application and related documents executed by and between any Borrower and such Letter of Credit Issuer or which arise as a result the gross negligence, bad faith or willful misconduct of such Letter of Credit Issuer’s willful misconduct, gross negligence or bad faith (as determined by a court of competent jurisdiction in a final and non-appealable decision).

Appears in 6 contracts

Samples: Credit Agreement (United Rentals North America Inc), Credit Agreement (United Rentals North America Inc), Credit Agreement (United Rentals North America Inc)

Rights Against Letter of Credit Issuer. Nothing contained in this Agreement is intended to limit the Borrower’s rights or claimsBorrowers' rights, if any, under Law or otherwise, against any with respect to the Letter of Credit Issuer which arise as a result of the letter of credit application and related documents executed by such Letter of Credit Issuer or which arise as a result of such and between the Borrowers and the Letter of Credit Issuer’s willful misconduct, gross negligence or bad faith (as determined by a court of competent jurisdiction in a final and non-appealable decision).

Appears in 5 contracts

Samples: Credit Agreement (Unova Inc), Credit Agreement (Unifi Inc), Credit Agreement (Enpro Industries Inc)

Rights Against Letter of Credit Issuer. Nothing contained in this Agreement is intended to limit the Borrower’s rights or claimsBorrowers’ rights, if any, under Law or otherwise, against with respect to any Letter of Credit Issuer which arise as a result of the letter of credit application and related documents executed by and between any Borrower and such Letter of Credit Issuer or which arise as a result the gross negligence or willful misconduct of such Letter of Credit Issuer’s willful misconduct, gross negligence or bad faith Issuer (as determined by a final non-appealable order of a court of competent jurisdiction in a final and non-appealable decisionjurisdiction).

Appears in 3 contracts

Samples: Credit Agreement (Herc Holdings Inc), Credit Agreement (Herc Holdings Inc), Credit Agreement (Herc Holdings Inc)

Rights Against Letter of Credit Issuer. Nothing contained in this Agreement is intended to limit the a Borrower’s rights or claimsrights, if any, under Law or otherwise, against any with respect to the Letter of Credit Issuer which arise as a result of the letter of credit application and related documents executed by and between such Borrower and the Letter of Credit Issuer or which arise as a result of such Letter of Credit Issuer’s willful misconduct, gross negligence or bad faith (as determined by a court of competent jurisdiction in a final and non-appealable decision)Credit.

Appears in 3 contracts

Samples: Credit Agreement (Fleetwood Enterprises Inc/De/), Credit Agreement (Fleetwood Enterprises Inc/De/), Credit Agreement (Fleetwood Enterprises Inc/De/)

Rights Against Letter of Credit Issuer. Nothing contained in this Agreement is intended to limit the Borrower’s rights or claimsBorrowers’ rights, if any, under Law or otherwise, against any with respect to the Letter of Credit Issuer which arise as a result of the letter of credit application and related documents executed by such any Letter of Credit Issuer or which arise as a result of such Letter of Credit Issuer’s willful misconduct, gross negligence or bad faith (as determined by a court of competent jurisdiction in a final and non-appealable decision)Documents.

Appears in 3 contracts

Samples: Loan and Security Agreement (Standard Register Co), Loan and Security Agreement (Standard Register Co), Loan and Security Agreement (Standard Register Co)

Rights Against Letter of Credit Issuer. Nothing contained in this Agreement is intended to limit the any Borrower’s rights or claimsrights, if any, under Law or otherwise, against any with respect to a Letter of Credit Issuer which arise as a result of the letter of credit application and related documents executed by and between such Letter of Credit Issuer or which arise as a result of Borrower and such Letter of Credit Issuer’s willful misconduct, gross negligence or bad faith (as determined by a court of competent jurisdiction in a final and non-appealable decision).

Appears in 3 contracts

Samples: Abl Credit Agreement (Univar Inc.), Abl Credit Agreement (Univar Inc.), Abl Credit Agreement (Univar Inc.)

Rights Against Letter of Credit Issuer. Nothing contained in this Agreement is intended to limit the Borrower’s rights or claims's rights, if any, under Law or otherwise, against any with respect to the issuer of a Letter of Credit Issuer which arise as a result of the letter of credit application and related documents executed by and between Borrower and such Letter of Credit Issuer or which arise as a result of such Letter of Credit Issuer’s willful misconduct, gross negligence or bad faith (as determined by a court of competent jurisdiction in a final and non-appealable decision)issuer.

Appears in 3 contracts

Samples: Loan and Security Agreement (Eddie Bauer Holdings, Inc.), Loan and Security Agreement (Eddie Bauer Holdings, Inc.), Loan and Security Agreement (Eddie Bauer Holdings, Inc.)

Rights Against Letter of Credit Issuer. Nothing contained in this Agreement is intended to limit the Borrower’s rights or claimsBorrowers’ rights, if any, under Law or otherwise, against with respect to any Letter of Credit Issuer which arise as a result of the letter of credit application and related documents executed by and between any Borrower and such Letter of Credit Issuer or which arise as a result the gross negligence or willful misconduct of such Letter of Credit Issuer’s willful misconduct, gross negligence or bad faith (as determined by a court of competent jurisdiction in a final and non-appealable decision).

Appears in 2 contracts

Samples: Credit Agreement (United Rentals North America Inc), Credit Agreement (United Rentals Inc /De)

Rights Against Letter of Credit Issuer. Nothing contained in this Agreement is intended to limit the Borrower’s rights or claimsrights, if any, under Law or otherwise, against any with respect to the Letter of Credit Issuer which arise as a result of the letter of credit application and related documents executed by such and between the Borrower and the Letter of Credit Issuer or which arise as a result of such Letter of Credit Issuer’s willful misconduct, gross negligence or bad faith (as determined by a court of competent jurisdiction in a final and non-appealable decision)under Applicable Law.

Appears in 2 contracts

Samples: Loan and Security Agreement (Integrated Electrical Services Inc), Loan and Security Agreement (Integrated Electrical Services Inc)

Rights Against Letter of Credit Issuer. Nothing contained in this Agreement is intended to limit the Borrower’s rights or claimsBorrowers' rights, if any, under Law or otherwise, against with respect to any Letter of Credit Issuer which arise as a result of the letter of credit application and related documents executed by such Letter of Credit Issuer or which arise as a result of such and between any Borrower and any Letter of Credit Issuer’s willful misconduct, gross negligence or bad faith (as determined by a court of competent jurisdiction in a final and non-appealable decision).

Appears in 2 contracts

Samples: Credit Agreement (Salton Inc), Credit Agreement (Salton Inc)

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Rights Against Letter of Credit Issuer. Nothing contained in this Agreement is intended to limit the any Borrower’s rights or claims's rights, if any, under Law or otherwise, against any with respect to Letter of Credit Issuer which arise as a result of the letter of credit application and related documents executed by such any Letter of Credit Issuer or which arise as a result of such Letter of Credit Issuer’s willful misconduct, gross negligence or bad faith (as determined by a court of competent jurisdiction in a final and non-appealable decision)Documents.

Appears in 1 contract

Samples: Post Petition Loan and Security Agreement (Standard Register Co)

Rights Against Letter of Credit Issuer. Nothing contained in this Agreement is intended to limit the Borrower’s rights or claimsBorrowers’ rights, if any, under Law or otherwise, against any with respect to the Letter of Credit Issuer which arise as a result of the letter of credit application and related documents executed by such and between the Borrowers and the Letter of Credit Issuer or which arise as a result regardless of such whether the Letter of Credit Issuer’s willful misconduct, gross negligence or bad faith (as determined by Issuer is a court of competent jurisdiction in a final and non-appealable decision)Lender.

Appears in 1 contract

Samples: Credit Agreement (Salton Inc)

Rights Against Letter of Credit Issuer. Nothing contained in this Agreement is intended to limit the or increase any Borrower’s rights or claims's rights, if any, under Law or otherwise, against any with respect to a Letter of Credit Issuer which arise as a result of the Issuing Bank Agreement, the letter of credit application and related documents executed by and between such Letter of Credit Issuer or which arise as Borrower and a result of such Letter of Credit Issuer’s willful misconduct, gross negligence or bad faith (as determined by a court of competent jurisdiction in a final and non-appealable decision).

Appears in 1 contract

Samples: Credit Agreement (Taylor Ann Stores Corp)

Rights Against Letter of Credit Issuer. Nothing contained in this Agreement is intended to limit the Borrowerany Borrower’sBorrower’s rights or claimsrights, if any, under Law or otherwise, against any with respect to a Letter of Credit Issuer which arise as a result of the letter of credit application and related documents executed by and between such Letter of Credit Issuer or which arise as a result of Borrower and such Letter of Credit Issuer’s willful misconduct, gross negligence or bad faith (as determined by a court of competent jurisdiction in a final and non-appealable decision).

Appears in 1 contract

Samples: Abl Credit Agreement (Univar Solutions Inc.)

Rights Against Letter of Credit Issuer. Nothing contained in this Agreement is intended to limit the Borrower’s rights or claimsrights, if any, under Law or otherwise, against any with respect to the Letter of Credit Issuer which arise as a result of the letter of credit application and related documents executed by such and between the Borrower and the Letter of Credit Issuer or which arise as a result of such the gross negligence or willful misconduct of the Letter of Credit Issuer’s willful misconduct, gross negligence or bad faith (as determined by a court of competent jurisdiction in a final and non-appealable decision).

Appears in 1 contract

Samples: Credit Agreement (Leapfrog Enterprises Inc)

Rights Against Letter of Credit Issuer. Nothing contained in this Agreement is intended to limit the Borrower’s rights or claims's rights, if any, under Law or otherwise, against any with respect to the Letter of Credit Issuer which arise as a result of the letter of credit application and related documents executed by such and between the Borrower and the Letter of Credit Issuer or which arise as a result of such Letter of Credit Issuer’s willful misconduct, gross negligence or bad faith (as determined by a court of competent jurisdiction in a final and non-appealable decision)under Applicable Law.

Appears in 1 contract

Samples: Loan and Security Agreement (Integrated Electrical Services Inc)

Rights Against Letter of Credit Issuer. Nothing contained in this Agreement is intended to limit or expand the Borrower’s rights or claims's rights, if any, under Law or otherwise, against any with respect to the Letter of Credit Issuer which arise as in connection with a result drawing or attempt to draw, or any payment or nonpayment under a Letter of Credit. Such rights shall be governed solely by (i) the terms of the letter of credit application and related documents executed by such agreements between the Borrower and the Letter of Credit Issuer (the "L/C Agreements") and (ii) applicable law and the UCP 500 or which arise ISP 98, as a result of such Letter of Credit Issuer’s willful misconductapplicable, gross negligence or bad faith (as determined by a court of competent jurisdiction defined in a final and non-appealable decisionthe L/C Agreements).

Appears in 1 contract

Samples: Credit Agreement (Gfsi Inc)

Rights Against Letter of Credit Issuer. Nothing contained in this Agreement is intended to limit the any Borrower’s rights or claims's rights, if any, under Law or otherwise, against any with respect to a Letter of Credit Issuer which arise as a result of the letter of credit application and related documents executed by and between such Letter of Credit Issuer or which arise as a result of Borrower and such Letter of Credit Issuer’s willful misconduct, gross negligence or bad faith (as determined by a court of competent jurisdiction in a final and non-appealable decision).

Appears in 1 contract

Samples: Credit Agreement (Gentek Inc)

Rights Against Letter of Credit Issuer. Nothing contained in this Agreement is intended to (A) limit the any Borrower’s rights or claimsrights, if any, under Law or otherwise, against any with respect to the Letter of Credit Issuer which arise as a result of the letter of credit application and related documents executed by and between such Borrower and the Letter of Credit Issuer, or (B) waive or release any obligation of any Letter of Credit Issuer or which arise as to make any required payment following the legally sufficient presentment of a result of such Letter of Credit Issuer’s willful misconduct, gross negligence or bad faith (as determined by a court of competent jurisdiction in a final and non-appealable decision)accordance with the terms thereof.

Appears in 1 contract

Samples: Credit Agreement (Kforce Inc)

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