Common use of Rules of Practice Clause in Contracts

Rules of Practice. Unless otherwise expressly agreed by Xxxxxx and Borrower when a Letter of Credit is issued by it, (i) the rules of the International Standby Practices, ICC Publication No. 590 (as amended, supplemented, restated, and/or republished from time to time, the “ISP”) shall apply to each standby Letter of Credit. Notwithstanding the foregoing, Lender shall not be responsible to Borrower for, and Xxxxxx’s rights and remedies against Borrower shall not be impaired by, any action or inaction of Lender required or permitted under any law, order, or practice that is required or permitted to be applied to any Letter of Credit or this Agreement, including the Laws or any order of a jurisdiction where Lender, the beneficiary, or any advising, transferring, confirming, or nominated bank or person or entity is located, the practice stated in the ISP, as applicable, or in the decisions, opinions, practice statements, or official commentary of the International Chamber of Commerce Banking Commission, the Bankers Association for Finance and Trade, or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such laws or practice rules.

Appears in 2 contracts

Samples: Credit Agreement (Universal Technical Institute Inc), Credit Agreement (Universal Technical Institute Inc)

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Rules of Practice. Unless otherwise expressly agreed by Xxxxxx the L/C Issuer and the Borrower when a Letter of Credit is issued by it, (i) the ISP shall apply to each Letter of Credit and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, International Standby Practices, ICC Chamber of Commerce Publication No. 590 600 (as amended, supplemented, restated, and/or CHAR1\1970297v6 republished from time to time, the “ISPUCP”) shall apply to each standby commercial Letter of Credit. Notwithstanding the foregoing, Lender the L/C Issuer shall not be responsible to the Borrower for, and Xxxxxxthe L/C Issuer’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of Lender the L/C Issuer required or permitted under any law, order, or practice that is required or permitted to be applied to any Letter of Credit or this Agreement, including the Laws laws, rules or regulations or any order of a jurisdiction where Lenderthe L/C Issuer, the beneficiary, or any advising, transferring, confirming, or nominated bank or person or entity is located, the practice stated in the ISPISP or UCP, as applicable, or in the decisions, opinions, practice statements, or official commentary of the International Chamber of Commerce Banking Commission, the Bankers Association for Finance and Trade, or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such laws or practice rules.

Appears in 1 contract

Samples: Credit Agreement (Portillo's Inc.)

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Rules of Practice. Unless otherwise expressly agreed by Xxxxxx and Borrower Xxxxxxxx when a Letter of Credit is issued by it, (i) the rules of the International Standby Practices, ICC Publication No. 590 (as amended, supplemented, restated, and/or republished from time to time, the “ISP”) shall apply to each standby Letter of Credit. Notwithstanding the foregoing, Lender shall not be responsible to Borrower for, and Xxxxxx’s rights and remedies against Borrower shall not be impaired by, any action or inaction of Lender required or permitted under any law, order, or practice that is required or permitted to be applied to any Letter of Credit or this Agreement, including the Laws or any order of a jurisdiction where Lender, the beneficiary, or any advising, transferring, confirming, or nominated bank or person or entity is located, the practice stated in the ISP, as applicable, or in the decisions, opinions, practice statements, or official commentary of the International Chamber of Commerce Banking Commission, the Bankers Association for Finance and Trade, or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such laws or practice rules.

Appears in 1 contract

Samples: Credit Agreement (Universal Technical Institute Inc)

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