Common use of Applicability of ISP and UCP; Limitation of Liability Clause in Contracts

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks and the Borrower when a Letter of Credit is issued, (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade Letter of Credit. Notwithstanding the foregoing, no Issuing Bank shall be responsible to the Borrower for, and no Issuing Bank’s rights and remedies against the Borrower shall be impaired by, any action or inaction of such Issuing Bank 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 any order of a jurisdiction where such Issuing Bank or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 20 contracts

Sources: Credit Agreement (Dollar General Corp), Credit Agreement (Dollar General Corp), Fifth Amendment to Credit Agreement (Science Applications International Corp)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks applicable L/C Issuer and the applicable Borrower when a Letter of Credit is issuedissued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade Letter of Credit. Notwithstanding the foregoing, no Issuing Bank L/C Issuer shall be responsible to the any Borrower for, and no Issuing BankL/C Issuer’s rights and remedies against the any Borrower shall be impaired by, any action or inaction of such Issuing Bank any 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 Law or any order of a jurisdiction where such Issuing Bank L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 7 contracts

Sources: Revolving Credit Agreement (Chicago Bridge & Iron Co N V), Credit Agreement (Chicago Bridge & Iron Co N V), Credit Agreement (Chicago Bridge & Iron Co N V)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks L/C Issuer and the Borrower when a Letter of Credit is issuedissued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade Letter of Credit. Notwithstanding the foregoing, no Issuing Bank the L/C Issuer shall not be responsible to the Borrower for, and no Issuing Bankthe L/C Issuer’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of such Issuing Bank 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 Law or any order of a jurisdiction where such Issuing Bank the L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 7 contracts

Sources: Credit Agreement (Charah Solutions, Inc.), Credit Agreement (NV5 Global, Inc.), Credit Agreement (Lydall Inc /De/)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks L/C Issuer and the Borrower when a Letter of Credit is issued, (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade commercial Letter of Credit. Notwithstanding the foregoing, no Issuing Bank the L/C Issuer shall not be responsible to the Borrower for, and no Issuing Bankthe L/C Issuer’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of such Issuing Bank 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 Law or any order of a jurisdiction where such Issuing Bank the L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 6 contracts

Sources: Credit Agreement (Irobot Corp), Credit Agreement (Quidel Corp /De/), Credit Agreement (Quidel Corp /De/)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks an L/C Issuer and the Borrower when a Letter of Credit is issuedissued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the or UCP shall apply to each trade Letter of Credit. Notwithstanding the foregoing, no Issuing Bank L/C Issuer shall be responsible to the Borrower for, and no Issuing BankL/C Issuer’s rights and or remedies against the Borrower shall be impaired by, any action or inaction of such Issuing Bank 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 Law or any order of a jurisdiction where such Issuing Bank the applicable L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 6 contracts

Sources: Credit Agreement (Getty Realty Corp /Md/), Credit Agreement (Getty Realty Corp /Md/), Credit Agreement (Getty Realty Corp /Md/)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks and the Borrower when a Letter of Credit is issued, (i) the rules of the ISP shall apply to each standby Standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade Trade Letter of Credit. Notwithstanding the foregoing, no Issuing Bank shall be responsible to the Borrower for, and no Issuing Bank’s rights and remedies against the Borrower shall be impaired by, any action or inaction of such Issuing Bank 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 any order of a jurisdiction where such Issuing Bank or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 6 contracts

Sources: Credit Agreement (Dollar Tree, Inc.), Credit Agreement (Hexcel Corp /De/), Credit Agreement (Dollar Tree, Inc.)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Banks Bank and the Borrower Company when a Letter of Credit is issuedissued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade commercial Letter of Credit. Notwithstanding the foregoing, no Issuing Bank shall be responsible to the Borrower Company for, and no the Issuing Bank’s Banks’ rights and remedies against the Borrower Company shall not be impaired by, any action or inaction of such Issuing Bank 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 law or any order of a jurisdiction where such the applicable Issuing Bank or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 6 contracts

Sources: Credit Agreement (Tapestry, Inc.), Credit Agreement (Tapestry, Inc.), Credit Agreement (Tapestry, Inc.)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks L/C Issuer and the Borrower when a Letter of Credit is issued, (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade commercial Letter of Credit]. Notwithstanding the foregoing, no Issuing Bank the L/C Issuer shall not be responsible to the Borrower for, and no Issuing Bankthe L/C Issuer’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of such Issuing Bank the L/C Issuer required or permitted under any lawLaw, order, or practice that is required or permitted to be applied to any Letter of Credit or this Agreement, including the Law or any order of a jurisdiction where such Issuing Bank the L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law Law or practice.

Appears in 6 contracts

Sources: Credit Agreement (Green Plains Partners LP), Credit Agreement (Green Plains Inc.), Credit Agreement (Green Plains Inc.)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks L/C Issuer and the Borrower when a Letter of Credit is issued, (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade commercial Letter of Credit. Notwithstanding the foregoing, no Issuing Bank the L/C Issuer shall not be responsible to the Borrower for, and no Issuing Bankthe L/C Issuer’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of such Issuing Bank 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 Law or any order of a jurisdiction where such Issuing Bank the L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 5 contracts

Sources: Senior Secured Credit Agreement (Monitronics International Inc), Secured Superpriority Debtor in Possession Credit Agreement (Monitronics International Inc), Credit Agreement (Ascent Capital Group, Inc.)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks applicable L/C Issuer and the Borrower Company when a Letter of Credit is issuedissued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade Letter of Credit. Notwithstanding the foregoing, no Issuing Bank L/C Issuer shall be responsible to the Borrower Company for, and no Issuing Bankeach L/C Issuer’s rights and remedies against the Borrower Company shall not be impaired by, any action or inaction of such Issuing Bank any 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 Law or any order of a jurisdiction where such Issuing Bank an L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 5 contracts

Sources: Credit Agreement (Benchmark Electronics Inc), Credit Agreement (Benchmark Electronics Inc), Credit Agreement (Benchmark Electronics Inc)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks applicable Issuer and the applicable Borrower when a Letter of Credit is issuedissued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the ISP and the UCP at the time of issuance shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade Letter of Credit. Notwithstanding the foregoing, no Issuing Bank Issuer shall be responsible to the either Borrower for, and no Issuing BankIssuer’s rights and remedies against the such Borrower shall be impaired by, any action or inaction of such Issuing Bank an Issuer required or permitted under any law, order, order or practice that is required or permitted to be applied to any Letter of Credit issued for the account of such Borrower or this Agreement, including the law or any order of a jurisdiction where such Issuing Bank an Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), ) or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 5 contracts

Sources: Credit Agreement (Triton International LTD), Credit Agreement (Triton International LTD), Credit Agreement (Triton International LTD)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks an L/C Issuer and the Borrower when a Letter of Credit is issued, (i) the rules of the ISP shall apply to each standby Letter of CreditCredit (or UCP if required, and (ii) subject to the rules of the UCP shall apply to each trade Letter of Creditapplicable L/C Issuer’s approval). Notwithstanding the foregoing, no Issuing Bank L/C Issuer shall be responsible to the Borrower for, and no Issuing BankL/C Issuer’s rights and or remedies against the Borrower shall be impaired by, any action or inaction of such Issuing Bank 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 Law or any order of a jurisdiction where such Issuing Bank the applicable L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 5 contracts

Sources: Credit Agreement (Apple Hospitality REIT, Inc.), Credit Agreement (Apple Hospitality REIT, Inc.), Credit Agreement (Apple Hospitality REIT, Inc.)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks L/C Issuer and the applicable Borrower when a Letter of Credit is issued, (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade commercial Letter of Credit. Notwithstanding the foregoing, no Issuing Bank the L/C Issuer shall not be responsible to the any Borrower for, and no Issuing Bankthe L/C Issuer’s rights and remedies against the applicable Borrower shall not be impaired by, any action or inaction of such Issuing Bank 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 Law or any order of a jurisdiction where such Issuing Bank the L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - Trade—International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 4 contracts

Sources: Credit Agreement (Diodes Inc /Del/), Credit Agreement (Diodes Inc /Del/), Credit Agreement (Diodes Inc /Del/)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks Bank and the applicable Borrower when a Letter of Credit is issuedissued (including any such agreement applicable to the Existing Letter of Credit), (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade Letter of Credit. Notwithstanding the foregoing, no the Issuing Bank shall not be responsible to the Borrower Borrowers for, and no the Issuing Bank’s rights and remedies against the Borrower Borrowers shall not be impaired by, any action or inaction of such the Issuing Bank 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 law or any order of a jurisdiction where such the Issuing Bank or the beneficiary is located, the practice stated in the ISP or or, if applicable, the UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 4 contracts

Sources: Credit Agreement (Scholastic Corp), Credit Agreement (Scholastic Corp), Credit Agreement (Scholastic Corp)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks applicable L/C Issuer and the Parent Borrower when a Letter of Credit is issuedissued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade Letter of Credit. Notwithstanding the foregoing, no Issuing Bank L/C Issuer shall be responsible to the Parent Borrower for, and no Issuing Banksuch L/C Issuer’s rights and remedies against the Parent Borrower shall not be impaired by, any action or inaction of such Issuing Bank 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 Law or any order of a jurisdiction where such Issuing Bank L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 4 contracts

Sources: Credit Agreement (Kennedy-Wilson Holdings, Inc.), Credit Agreement (Kennedy-Wilson Holdings, Inc.), Credit Agreement (Kennedy-Wilson Holdings, Inc.)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks applicable L/C Issuer and the Borrower when a Letter of Credit is issuedissued by it (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade Letter of Credit. Notwithstanding the foregoing, no Issuing Bank L/C Issuer shall be responsible to the Borrower for, and no Issuing BankL/C Issuer’s rights and remedies against the Borrower shall be impaired by, any action or inaction of such Issuing Bank 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 Law or any order of a jurisdiction where such Issuing Bank L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 4 contracts

Sources: Credit Agreement (Acadia Realty Trust), Credit Agreement (Acadia Realty Trust), Credit Agreement (Acadia Realty Trust)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks applicable L/C Issuer and the applicable Borrower when a Letter of Credit is issued, (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade commercial Letter of Credit. Notwithstanding the foregoing, no Issuing Bank L/C Issuer shall be responsible to the any Borrower for, and no Issuing BankL/C Issuer’s rights and remedies against the applicable Borrower shall be impaired by, any action or inaction of such Issuing Bank any 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 Law or any order of a jurisdiction where such Issuing Bank L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSABAFT‑IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 4 contracts

Sources: Credit Agreement (Diodes Inc /Del/), Credit Agreement (Diodes Inc /Del/), Second Amended and Restated Credit Agreement (Diodes Inc /Del/)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Banks Bank and the Borrower when a Letter of Credit is issued, (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade commercial Letter of Credit. Notwithstanding the foregoing, no Issuing Bank shall be responsible to the Borrower for, and no Issuing Bank’s rights and remedies against the Borrower shall be impaired by, any action or inaction of such Issuing Bank 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 law or any order of a jurisdiction where such Issuing Bank or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 3 contracts

Sources: Credit Agreement (Becton Dickinson & Co), Credit Agreement (Becton Dickinson & Co), Credit Agreement (Becton Dickinson & Co)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks applicable L/C Issuer and the Parent Borrower when a Letter of Credit is issuedissued by any L/C Issuer (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade such Letter of Credit. Notwithstanding the foregoing, no Issuing Bank L/C Issuer shall be responsible to the Borrower Borrowers for, and no Issuing BankL/C Issuer’s rights and remedies against the Borrower Borrowers shall be impaired by, any action or inaction of such Issuing Bank 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 Law or any order of a jurisdiction where such Issuing Bank L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 3 contracts

Sources: Credit and Guaranty Agreement (Ventas, Inc.), Credit and Guaranty Agreement (Ventas, Inc.), Credit and Guaranty Agreement (Ventas, Inc.)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks Bank and the applicable Borrower when a Letter of Credit is issued, (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade commercial Letter of Credit. Notwithstanding the foregoing, no the Issuing Bank shall not be responsible to the any Borrower for, and no the Issuing Bank’s rights and remedies against the each Borrower shall not be impaired by, any action or inaction of such the Issuing Bank 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 Law or any order of a jurisdiction where such the Issuing Bank or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 3 contracts

Sources: Credit Agreement (Bruker Corp), Credit Agreement (Bruker Corp), Credit Agreement (Bruker Corp)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Banks Lender and the Borrower Company when a Letter of Credit is issuedissued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade Letter of Credit. Notwithstanding the foregoing, no Issuing Bank Lender shall be responsible to the Borrower Company for, and no each Issuing BankLender’s rights and remedies against the Borrower Company shall not be impaired by, any action or inaction of such Issuing Bank 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 Requirement of Law or any order of a jurisdiction where such the applicable Issuing Bank Lender or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice. In addition, any Issuing Lender may send a Letter of Credit or conduct any communication to or from the beneficiary via the Society for Worldwide Interbank Financial Telecommunication (“SWIFT”) message or overnight courier, or any other commercially reasonable means of communicating with a beneficiary.

Appears in 3 contracts

Sources: Credit Agreement (Abm Industries Inc /De/), Credit Agreement (Abm Industries Inc /De/), Credit Agreement (Abm Industries Inc /De/)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks an L/C Issuer and the Borrower when a Letter of Credit is issued, (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade commercial Letter of Credit. Notwithstanding the foregoing, no Issuing Bank L/C Issuer shall be responsible to the Borrower for, and no Issuing Bankeach L/C Issuer’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of such Issuing Bank 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 Law or any order of a jurisdiction where such Issuing Bank L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 3 contracts

Sources: Credit Agreement (Everi Holdings Inc.), Credit Agreement (Everi Holdings Inc.), Credit Agreement (Everi Holdings Inc.)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks applicable L/C Issuer and the Borrower Company when a Letter of Credit is issuedissued by it (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade Letter of Credit. Notwithstanding the foregoing, no Issuing Bank L/C Issuer shall be responsible to the any Borrower for, and no Issuing BankL/C Issuer’s rights and remedies against the any Borrower shall be impaired by, any action or inaction of such Issuing Bank any 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 Law or any order of a jurisdiction where such Issuing Bank any L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 3 contracts

Sources: Credit and Term Loan Agreement (Ares Real Estate Income Trust Inc.), Credit and Term Loan Agreement (Ares Real Estate Income Trust Inc.), Credit Agreement (Ares Real Estate Income Trust Inc.)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks L/C Issuer and the Borrower when a Letter of Credit is issued, (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade commercial Letter of Credit. Notwithstanding the foregoing, no Issuing Bank the L/C Issuer shall not be responsible to the Borrower for, and no Issuing Bankthe L/C Issuer’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of such Issuing Bank 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 Law or any order of a jurisdiction where such Issuing Bank the L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 3 contracts

Sources: Credit Agreement (RigNet, Inc.), Credit Agreement (RealD Inc.), Credit Agreement (CityCenter Holdings, LLC)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks Lender and the applicable Borrower when a Letter of Credit is issuedissued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade Letter of Credit. Notwithstanding the foregoing, no the Issuing Bank Lender shall not be responsible to the applicable Borrower for, and no the Issuing BankLender’s rights and remedies against the applicable Borrower shall not be impaired by, any action or inaction of such the Issuing Bank 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 Credit Agreement, including the Law or any order of a jurisdiction where such the Issuing Bank Lender or the beneficiary is located, the practice stated in the ISP or the UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 3 contracts

Sources: Credit Agreement (Speedway Motorsports LLC), Credit Agreement (Speedway Motorsports LLC), Credit Agreement (Speedway Motorsports Inc)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks applicable L/C Issuer and the Borrower when a Letter of Credit is issuedissued by it, (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade commercial Letter of Credit. Notwithstanding the foregoing, no Issuing Bank L/C Issuer shall be responsible to the Borrower for, and no Issuing BankL/C Issuer’s rights and remedies against the Borrower shall be impaired by, any action or inaction of such Issuing Bank any 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 Law or any order of a jurisdiction where such Issuing Bank any L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 3 contracts

Sources: Credit Agreement (Franklin Street Properties Corp /Ma/), Credit Agreement (Franklin Street Properties Corp /Ma/), Credit Agreement (Franklin Street Properties Corp /Ma/)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks LC Issuer and the Borrower when a Letter of Credit is issuedissued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade Letter of Credit. Notwithstanding the foregoing, no Issuing Bank the LC Issuer shall not be responsible to the Borrower for, and no Issuing Bankthe LC Issuer’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of such Issuing Bank the LC Issuer required or permitted under any lawLaw, order, or practice that is required or permitted to be applied to any Letter of Credit or this Agreement, including the Law or any order of a jurisdiction where such Issuing Bank the LC Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 2 contracts

Sources: Credit Agreement (Sunoco LP), Credit Agreement (NuStar Energy L.P.)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks L/C Issuer and the Borrower Borrowers when a Letter of Credit is issued, issued (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade commercial Letter of Credit. Notwithstanding the foregoing, no Issuing Bank the L/C Issuer shall not be responsible to the any Borrower for, and no Issuing Bankthe L/C Issuer’s rights and remedies against the Borrower Borrowers shall not be impaired by, any action or inaction of such Issuing Bank 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 law or any order of a jurisdiction where such Issuing Bank the L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 2 contracts

Sources: Credit Agreement, Credit Agreement (PetIQ, Inc.)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks L/C Issuer and the Borrower Borrowers when a Letter of Credit is issuedissued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade Letter of Credit. Notwithstanding the foregoing, no Issuing Bank the L/C Issuer shall not be responsible to the Borrower Borrowers for, and no Issuing Bankthe L/C Issuer’s rights and remedies against the each Borrower shall not be impaired by, any action or inaction of such Issuing Bank 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 Law or any order of a jurisdiction where such Issuing Bank the L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 2 contracts

Sources: Credit Agreement (Chase Corp), Credit Agreement (Chase Corp)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks applicable L/C Issuer and the Borrower when a Letter of Credit is issuedissued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade Letter of Credit. Notwithstanding the foregoing, no Issuing Bank the applicable L/C Issuer shall not be responsible to the Borrower for, and no Issuing Bankthe applicable L/C Issuer’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of such Issuing Bank the applicable 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 Law or any order of a jurisdiction where such Issuing Bank the applicable L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses to the extent such law or practicepractice is applicable to such Letter of Credit.

Appears in 2 contracts

Sources: Credit Agreement (Dayton Power & Light Co), Credit Agreement (Dayton Power & Light Co)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks Bank and the Borrower Representative when a Letter of Credit is issued, (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade commercial Letter of Credit. Notwithstanding the foregoing, no the Issuing Bank shall not be responsible to the Borrower Borrowers for, and no the Issuing Bank’s rights and remedies against the Borrower Borrowers shall not be impaired by, any action or inaction of such the Issuing Bank 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 law or any order of a jurisdiction where such the Issuing Bank or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 2 contracts

Sources: Credit Agreement (IHS Markit Ltd.), Credit Agreement (IHS Inc.)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks L/C Issuer and the Borrower when a Letter of Credit is issuedissued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade Letter of Credit. Notwithstanding the foregoing, no Issuing Bank the L/C Issuer shall not be responsible to the Borrower for, and no Issuing Bankthe L/C Issuer’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of such Issuing Bank 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 Law or any order of a jurisdiction where such Issuing Bank the L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 2 contracts

Sources: Credit Agreement (SP Plus Corp), Credit Agreement (SP Plus Corp)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks applicable L/C Issuer and the Borrower when a Letter of Credit is issuedissued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade Letter of Credit. Notwithstanding the foregoing, no Issuing Bank L/C Issuer shall be responsible to the Borrower for, and no Issuing BankL/C Issuer’s rights and remedies against the Borrower shall be impaired by, any action or inaction of such Issuing Bank any 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 Law or any order of a jurisdiction where such Issuing Bank L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 2 contracts

Sources: Credit Agreement, Credit Agreement (JP Energy Partners LP)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks applicable L/C Issuer and the Borrower when a Letter of Credit is issuedissued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade Letter of Credit. Notwithstanding the foregoing, no Issuing Bank L/C Issuer shall be responsible to the Borrower for, and no Issuing BankL/C Issuer’s rights and remedies against the Borrower shall be impaired by, any action or inaction of such Issuing Bank L/C Issuer required or permitted under any lawLaw, order, or practice that is required or permitted to be applied to any Letter of Credit or this Agreement, including the Law or any order of a jurisdiction where such Issuing Bank L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - Trade—International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law Law or practice.

Appears in 2 contracts

Sources: Credit Agreement (Ii-Vi Inc), Credit Agreement (Ii-Vi Inc)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks L/C Issuer and the Borrower when a Letter of Credit is issued, (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade commercial Letter of Credit. Credit Notwithstanding the foregoing, no Issuing Bank the L/C Issuer shall not be responsible to the Borrower for, and no Issuing Bankthe L/C Issuer’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of such Issuing Bank 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 law or any order of a jurisdiction where such Issuing Bank the L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 2 contracts

Sources: Credit Agreement (Dave & Buster's Entertainment, Inc.), Credit Agreement (Dave & Buster's Entertainment, Inc.)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks applicable L/C Issuer and the applicable Borrower when a Letter of Credit is issuedissued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade Letter of Credit. Notwithstanding the foregoing, no Issuing Bank L/C Issuer shall be responsible to the any Borrower for, and no Issuing BankL/C Issuer’s rights and remedies against the any Borrower shall be impaired by, any action or inaction of such Issuing Bank any 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 Law or any order of a jurisdiction where such Issuing Bank L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - Trade—International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 2 contracts

Sources: Credit Agreement (Chicago Bridge & Iron Co N V), Credit Agreement (Chicago Bridge & Iron Co N V)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks Lender and the Borrower Borrowers when a Letter of Credit is issuedissued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade commercial Letter of Credit. Notwithstanding the foregoing, no Issuing Bank the Lender shall not be responsible to the Borrower Borrowers for, and no Issuing Bankthe Lender’s rights and remedies against the Borrower Borrowers shall not be impaired by, any action or inaction of such Issuing Bank the 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 Law or any order of a jurisdiction where such Issuing Bank the Lender or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 2 contracts

Sources: Replacement Credit Agreement (Argan Inc), Replacement Credit Agreement (Argan Inc)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Banks Bank and the Borrower when a such Letter of Credit is issued, (i) the rules of the ISP or UCP, as applicable, shall be stated therein to apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade Letter of Credit. Notwithstanding the foregoing, no an Issuing Bank shall not be responsible to the Borrower for, and no an Issuing Bank’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of such Issuing Bank required or permitted under any law, order, order or practice that is required or permitted to be applied to any Letter of Credit or this Agreement, including the law or any order of a jurisdiction where such Issuing Bank or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 2 contracts

Sources: First Lien Credit and Guaranty Agreement (Fusion Connect, Inc.), First Lien Credit and Guaranty Agreement (Fusion Connect, Inc.)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Banks Bank and the applicable Borrower when a Letter of Credit is issued, (i) the rules of the ISP shall apply to each standby Letter of Credit, Credit and (ii) the rules of the UCP shall apply to each trade commercial Letter of Credit. Notwithstanding the foregoing, no Issuing Bank shall be responsible to the a Borrower for, and no the Issuing Bank’s Banks’ rights and remedies against the applicable Borrower shall not be impaired by, any action or inaction of such the applicable Issuing Bank required or permitted under any law, order, order or practice that is required or permitted to be applied to any Letter of Credit or this Agreement, including the Law or any order of a jurisdiction where such the applicable Issuing Bank or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 2 contracts

Sources: Credit Agreement (CONDUENT Inc), Credit Agreement (CONDUENT Inc)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks applicable L/C Issuer and the Borrower when a Letter of Credit is issuedissued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade Letter of Credit. Notwithstanding the foregoing, no Issuing Bank L/C Issuer shall be responsible to the Borrower for, and no Issuing BankL/C Issuer’s rights and remedies against the Borrower shall be impaired by, any action or inaction of such Issuing Bank the applicable 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 Law or any order of a jurisdiction where such Issuing Bank the applicable L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 2 contracts

Sources: Credit Agreement (Spirit AeroSystems Holdings, Inc.), Credit Agreement (Spirit AeroSystems Holdings, Inc.)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks applicable L/C Issuer and the Parent Borrower when a Letter of Credit is issuedissued by any L/C Issuer, (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade such Letter of Credit. Notwithstanding the foregoing, no Issuing Bank L/C Issuer shall be responsible to the either Borrower for, and no Issuing BankL/C Issuer’s rights and remedies against the either Borrower shall be impaired by, any action or inaction of such Issuing Bank 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 Law or any order of a jurisdiction where such Issuing Bank L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - Trade—International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 2 contracts

Sources: Credit Agreement (Sabra Health Care REIT, Inc.), Credit Agreement (Sabra Health Care REIT, Inc.)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks Bank and the Borrower when a Letter of Credit is issued, (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade commercial Letter of Credit. Notwithstanding the foregoing, no the Issuing Bank shall not be responsible to the Borrower for, and no the Issuing Bank’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of such the Issuing Bank 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 law or any order of a jurisdiction where such the Issuing Bank or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 2 contracts

Sources: Credit Agreement (IHS Markit Ltd.), Credit Agreement (IHS Markit Ltd.)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks Lender and the U.S. Borrower when a Letter of Credit is issuedissued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade Letter of Credit. Notwithstanding the foregoing, no Issuing Bank the Lender shall not be responsible to the U.S. Borrower for, and no Issuing Bankthe Lender’s rights and remedies against the U.S. Borrower shall not be impaired by, any action or inaction of such Issuing Bank the 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 Law or any order of a jurisdiction where such Issuing Bank the Lender or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 2 contracts

Sources: Credit Agreement (AstroNova, Inc.), Credit Agreement (AstroNova, Inc.)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks applicable L/C Issuer and the Borrower when a Letter of Credit is issuedissued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade Letter of Credit. Notwithstanding the foregoing, no Issuing Bank the applicable L/C Issuer shall not be responsible to the Borrower for, and no Issuing Bankthe applicable L/C Issuer’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of such Issuing Bank the applicable 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 Law or any order of a jurisdiction where such Issuing Bank the applicable L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses to the extent such law or practicepractice is applicable to such Letter of Credit.

Appears in 2 contracts

Sources: Credit Agreement (Dayton Power & Light Co), Credit Agreement (Dayton Power & Light Co)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks applicable L/C Issuer and the Borrower when a Letter of Credit is issuedissued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade Letter of Credit. Notwithstanding anything to the contrary in the foregoing, no Issuing Bank L/C Issuer shall be responsible to the Borrower for, and no Issuing BankL/C Issuer’s rights and remedies against the Borrower shall be impaired by, any action or inaction of such Issuing Bank the applicable 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 Law or any order of a jurisdiction where such Issuing Bank the applicable L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 2 contracts

Sources: Credit Agreement (Spirit AeroSystems Holdings, Inc.), Credit Agreement (Spirit AeroSystems Holdings, Inc.)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks L/C Issuer and the Borrower when a Letter of Credit is issuedissued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade Letter of Credit. Notwithstanding the foregoing, no Issuing Bank the L/C Issuer shall not be responsible to the Borrower for, and no Issuing Bankthe L/C Issuer’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of such Issuing Bank 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 Law or any order of a jurisdiction where such Issuing Bank the L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 2 contracts

Sources: Credit Agreement (Wageworks, Inc.), Credit Agreement (Wageworks, Inc.)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks L/C Issuer and the Borrower Borrowers when a Letter of Credit is issued, issued (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade commercial Letter of Credit. Notwithstanding the foregoing, no Issuing Bank the L/C Issuer shall not be responsible to the any Borrower for, and no Issuing Bankthe L/C Issuer’s rights and remedies against the Borrower Borrowers shall not be impaired by, any action or inaction of such Issuing Bank 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 law or any order of a jurisdiction where such Issuing Bank the L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - Trade—International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 2 contracts

Sources: Credit Agreement (PetIQ, Inc.), Credit Agreement (PetIQ, Inc.)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks applicable L/C Issuer and the applicable Borrower when a Letter of Credit is issuedissued by it (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade Letter of Credit. Notwithstanding the foregoing, no Issuing Bank L/C Issuer shall be responsible to the any Borrower for, and no Issuing BankL/C Issuer’s rights and remedies against the a Borrower shall be impaired by, any action or inaction of such Issuing Bank any 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 law or any order of a jurisdiction where such Issuing Bank any L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - Trade—International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 2 contracts

Sources: Credit Agreement (NCR Corp), Credit Agreement (NCR Atleos, LLC)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks L/C Issuer and the Borrower when a Letter of Credit is issued, (i) issued the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade commercial Letter of Credit. Notwithstanding the foregoing, no Issuing Bank the L/C Issuer shall not be responsible to the Borrower for, and no Issuing Bankthe L/C Issuer’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of such Issuing Bank the L/C Issuer required or permitted under any lawLaw, order, or practice that is required or permitted to be applied to any Letter of Credit or this Agreement, including the Law or any order of a jurisdiction where such Issuing Bank the L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law Law or practice.

Appears in 2 contracts

Sources: Credit Agreement (McGrath Rentcorp), Credit Agreement (McGrath Rentcorp)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks applicable L/C Issuer and the Borrower when a Letter of Credit is issuedissued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade Letter of Credit. Notwithstanding the foregoing, no Issuing Bank L/C Issuer shall be responsible to the Borrower for, and no Issuing BankL/C Issuer’s rights and remedies against the Borrower shall be impaired by, any action or inaction of such Issuing Bank L/C Issuer required or permitted under any lawLaw, order, or practice that is required or permitted to be applied to any Letter of Credit or this Agreement, including the Law or any order of a jurisdiction where such Issuing Bank L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 2 contracts

Sources: Credit Agreement (Pall Corp), Credit Agreement (Pall Corp)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks L/C Issuer and the Borrower when a Letter of Credit is issued, issued (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade commercial Letter of Credit. Notwithstanding the foregoing, no Issuing Bank the L/C Issuer shall not be responsible to the Borrower for, and no Issuing Bankthe L/C Issuer’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of such Issuing Bank 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 Law or any order of a jurisdiction where such Issuing Bank the L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - Trade—International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 2 contracts

Sources: Credit Agreement (Five Point Holdings, LLC), Credit Agreement (Visteon Corp)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks applicable L/C Issuer and the applicable Borrower when a Letter of Credit is issuedissued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade Letter of Credit. Notwithstanding the foregoing, no Issuing Bank L/C Issuer shall be responsible to the any Borrower for, and no Issuing BankL/C Issuer’s rights and remedies against the any Borrower 68208499_7 shall be impaired by, any action or inaction of such Issuing Bank any 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 Law or any order of a jurisdiction where such Issuing Bank L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 1 contract

Sources: Credit Agreement (Chicago Bridge & Iron Co N V)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks Bank and the Borrower Representative when a Letter of Credit is issued, (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade commercial Letter of Credit. Notwithstanding the foregoing, no the Issuing Bank shall not be responsible to the Borrower Borrowers for, and no the Issuing Bank’s rights and remedies against the Borrower Borrowers shall not be impaired by, any action or inaction of such the Issuing Bank 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 law or any order of a jurisdiction where such the Issuing Bank or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International 007751-0138-14324-Active.18437309 #86412664v10 Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 1 contract

Sources: Credit Agreement (IHS Inc.)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Banks Bank and the Borrower Company when a Letter of Credit is issuedissued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade commercial Letter of Credit. Notwithstanding the foregoing, no Issuing Bank shall be responsible to the Borrower Company for, and no the Issuing Bank’s Banks’ rights and remedies against the Borrower Company shall not be impaired by, any action or inaction of such Issuing Bank 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 law or any order of a jurisdiction where such the applicable Issuing Bank or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.. #93177127v17

Appears in 1 contract

Sources: Credit Agreement (Tapestry, Inc.)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks applicable L/C Issuer and the Borrower when a Letter of Credit is issuedissued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade Letter of Credit. Notwithstanding the foregoing, no Issuing Bank L/C Issuer shall be responsible to the Borrower for, and no Issuing BankL/C Issuer’s rights and remedies against the Borrower shall be impaired by, any action or inaction of such Issuing Bank L/C Issuer required or permitted under any lawLaw, order, or practice that is required or permitted to be applied to any Letter of Credit or this Agreement, including the Law or any order of a jurisdiction where such Issuing Bank L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law Law or practice.

Appears in 1 contract

Sources: Credit Agreement (Ii-Vi Inc)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks L/C Issuer and the Borrower when a Letter of Credit is issuedissued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade Letter of Credit. Notwithstanding the foregoing, no Issuing Bank the L/C Issuer shall not be responsible to the Borrower for, and no Issuing Bankthe L/C Issuer’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of such Issuing Bank the L/C Issuer required or permitted under any lawLaw, order, or practice that is required or permitted to be applied to any Letter of Credit or this Agreement, including the Law or any order of a jurisdiction where such Issuing Bank the L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicableISP, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law Law or practice.

Appears in 1 contract

Sources: Credit Agreement (Comscore, Inc.)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks L/C Issuer and the Borrower when a Letter of Credit is issued, issued (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade commercial Letter of Credit. Notwithstanding the foregoing, no Issuing Bank the L/C Issuer shall not be responsible to the Borrower for, and no Issuing Bankthe L/C Issuer’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of such Issuing Bank 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 Law or any order of a jurisdiction where such Issuing Bank the L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 1 contract

Sources: Credit Agreement (Visteon Corp)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks Bank and the Borrower Company when a Letter of Credit is issued, (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade commercial Letter of Credit. Notwithstanding the foregoing, no Issuing Bank shall be responsible to the any Borrower for, and no such Issuing Bank’s rights and remedies against the such Borrower shall not be impaired by, any action or inaction of such Issuing Bank 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 law or any order of a jurisdiction where such Issuing Bank or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 1 contract

Sources: Credit Agreement (Valspar Corp)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks L/C Issuer and the Borrower when a Letter of Credit is issuedissued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade Letter of Credit. Notwithstanding the foregoing, no Issuing Bank the L/C Issuer shall not be responsible to the Borrower for, and no Issuing Bankthe L/C Issuer’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of such Issuing Bank 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 Law or any order of a jurisdiction where such Issuing Bank the L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - Trade—International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 1 contract

Sources: Credit Agreement (Forest Road Acquisition Corp.)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks applicable L/C Issuer and the applicable Borrower when a Letter of Credit is issuedissued by it (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade Letter of Credit. Notwithstanding the foregoing, no Issuing Bank L/C Issuer shall be responsible to the any Borrower for, and no Issuing BankL/C Issuer’s rights and remedies against the a Borrower shall be impaired by, any action or inaction of such Issuing Bank any 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 law or any order of a jurisdiction where such Issuing Bank any L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 1 contract

Sources: Credit Agreement (NCR Atleos Corp)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks L/C Issuer and the Borrower when a Letter of Credit is issued, (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade commercial Letter of Credit. Notwithstanding the foregoing, no Issuing Bank the L/C Issuer shall not be responsible to the Borrower for, and no Issuing Bankthe L/C Issuer’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of such Issuing Bank 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 Law or any order of a jurisdiction where such Issuing Bank the L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - Trade—International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 1 contract

Sources: Credit Agreement (RigNet, Inc.)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the an Issuing Banks Bank and the Borrower Company when a Letter of Credit is issuedissued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade commercial Letter of Credit. Notwithstanding the foregoing, no the Issuing Bank Banks shall not be responsible to the Borrower Company for, and no such Issuing Bank’s rights and remedies against the Borrower Company shall not be impaired by, any action or inaction of such Issuing Bank 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 law or any order of a jurisdiction where such Issuing Bank or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 1 contract

Sources: Credit Agreement (Covanta Holding Corp)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Banks Bank and the Borrower when a Letter of Credit is issuedissued by it (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade Letter of Credit. Notwithstanding the foregoing, no Issuing Bank shall be responsible to the Borrower for, and no Issuing Bank’s rights and remedies against the Borrower shall be impaired by, any action or inaction of such any Issuing Bank 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 law or any order of a jurisdiction where such any Issuing Bank or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - Trade—International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 1 contract

Sources: Revolving Credit and Term Loan Agreement (Invitation Homes Inc.)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks applicable Facility A L/C Issuer and the Borrower when a Facility A Letter of Credit is issued, (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade Facility A Letter of Credit. Notwithstanding the foregoing, no Issuing Bank Facility A L/C Issuer shall be responsible to the Borrower for, and no Issuing BankFacility A L/C Issuer’s rights and remedies against the Borrower shall be impaired by, any action or inaction of such Issuing Bank Facility A L/C Issuer required or permitted under any law, order, or practice that is required or permitted to be applied to any Facility A Letter of Credit or this Agreement, including the Law or any order of a jurisdiction where such Issuing Bank Facility A L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Facility A Letter of Credit chooses such law or practice.

Appears in 1 contract

Sources: Credit Agreement (Paramount Group, Inc.)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks applicable L/C Issuer and the applicable Borrower when a Letter of Credit is issuedissued by it (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade Letter of Credit. Notwithstanding the foregoing, no Issuing Bank L/C Issuer shall be responsible to the any Borrower for, and no Issuing BankL/C Issuer’s rights and remedies against the any Borrower shall be impaired by, any action or inaction of such Issuing Bank any 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 Law or any order of a jurisdiction where such Issuing Bank any L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 1 contract

Sources: Credit Agreement (Alexander & Baldwin, Inc.)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks applicable L/C Issuer and the Borrower when a Letter of Credit is issuedissued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade Letter of Credit. Notwithstanding the foregoing, no Issuing Bank the applicable L/C Issuer shall not be responsible to the Borrower for, and no Issuing Bank’s the applicable L/C Issuer's rights and remedies against the Borrower shall not be impaired by, any action or inaction of such Issuing Bank the applicable 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 Law or any order of a jurisdiction where such Issuing Bank the applicable L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 1 contract

Sources: Credit Agreement (Cabot Microelectronics Corp)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks L/C Issuer and the Borrower when a Letter of Credit is issuedissued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade Letter of Credit. Notwithstanding the foregoing, no Issuing Bank the L/C Issuer shall not be responsible to the Borrower for, and no Issuing Bankthe L/C Issuer’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of such Issuing Bank 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 Law or any order of a jurisdiction where such Issuing Bank the L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - Trade—International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 1 contract

Sources: Credit Agreement (Charah Solutions, Inc.)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Banks Lender and the Borrower Company when a Letter of Credit is issued, (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade commercial Letter of Credit. Notwithstanding the foregoing, no an Issuing Bank Lender shall not be responsible to the Borrower Company for, and no such Issuing BankLender’s rights and remedies against the Borrower Company shall not be impaired by, any action or inaction of such Issuing Bank Lender required or permitted under any lawLaw, order, or practice that is required or permitted to be applied to any Letter of Credit or this Agreement, including the Law or any order of a jurisdiction where such Issuing Bank Lender or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law Law or practice.

Appears in 1 contract

Sources: Second Amendment and Joinder and Assumption Agreement (West Pharmaceutical Services Inc)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks L/C Issuer and the Borrower Company when a Letter of Credit is issued, (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade commercial Letter of Credit. Notwithstanding the foregoing, no Issuing Bank the L/C Issuer shall not be responsible to the Borrower Company for, and no Issuing Bankthe L/C Issuer’s rights and remedies against the Borrower Company shall not be impaired by, any action or inaction of such Issuing Bank 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 any Requirements of Law or any order of a jurisdiction where such Issuing Bank the L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 1 contract

Sources: Credit Agreement (Flex Ltd.)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks L/C Issuer and the Borrower Company when a Letter of Credit is issuedissued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade Letter of Credit. Notwithstanding the foregoing, no Issuing Bank the L/C Issuer shall not be responsible to the Borrower Company for, and no Issuing Bankthe L/C Issuer’s rights and remedies against the Borrower Company shall not be impaired by, any action or inaction of such Issuing Bank the L/C Issuer required or permitted under any law, order, or practice that is required or permitted to be applied #89182136v12 to any Letter of Credit or this Agreement, including the Law or any order of a jurisdiction where such Issuing Bank the L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any to the extent such Letter of Credit chooses such law or practice.

Appears in 1 contract

Sources: Credit Agreement (Teledyne Technologies Inc)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks applicable L/C Issuer and the Borrower when a Letter of Credit is issuedissued (including any such agreement applicable to an Existing Letter of Credit) by it, (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade Letter of Credit. Notwithstanding the foregoing, no Issuing Bank L/C Issuer shall be responsible to the Borrower for, and no Issuing BankL/C Issuer’s rights and remedies against the Borrower shall be impaired by, any action or inaction of such Issuing Bank any 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 Law or any order of a jurisdiction where such Issuing Bank L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 1 contract

Sources: Credit Agreement (Camden Property Trust)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks L/C Issuer and the Borrower when a Letter of Credit is issued, issued (iincluding any such agreement applicable to an Existing Letter of Credit) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade Letter of Credit. Notwithstanding the foregoing, no Issuing Bank the L/C Issuer shall not be responsible to the Borrower for, and no Issuing Bankthe L/C Issuer’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of such Issuing Bank 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 Law or any order of a jurisdiction where such Issuing Bank the L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 1 contract

Sources: Credit Agreement (Transcat Inc)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks L/C Issuer and the Borrower when a Letter of Credit is issued, (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade commercial Letter of Credit. Notwithstanding the foregoing, no Issuing Bank the L/C Issuer shall not be responsible to the Borrower for, and no Issuing Bankthe L/C Issuer’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of such Issuing Bank 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 Law or any order of a jurisdiction where such Issuing Bank the L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of 50 4824-8983-8000 v.10 International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 1 contract

Sources: Credit Agreement (RigNet, Inc.)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks L/C Issuer and the Borrower when a Letter of Credit is issued, (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade commercial Letter of Credit. Notwithstanding the foregoing, no Issuing Bank L/C Issuer shall not be responsible to the Borrower for, and no Issuing BankL/C Issuer’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of such Issuing Bank L/C Issuer required or permitted under any lawLaw, order, or practice that is required or permitted to be applied to any Letter of Credit or this Agreement, including the Law or any order of a jurisdiction where such Issuing Bank L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit or other Issuer Document chooses such law Law or practice.

Appears in 1 contract

Sources: Credit Agreement (PROS Holdings, Inc.)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Applicable Issuing Banks Party and the Borrower when a Letter of Credit is issued, (i) the rules of the ISP shall apply to each standby Letter of Creditunless, and (ii) for regulatory purposes, the rules of the UCP shall apply to each trade Letter of Creditmust apply. Notwithstanding the foregoing, no the Applicable Issuing Bank Party shall not be responsible to the Borrower for, and no the Applicable Issuing BankParty’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of such the Applicable Issuing Bank Party 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 Law or any order of a jurisdiction where such the Applicable Issuing Bank Party or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 1 contract

Sources: Credit Agreement (Tower Group, Inc.)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Banks Bank and the Borrower Company when a Letter of Credit is issued, (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade commercial Letter of Credit. Notwithstanding the foregoing, no the applicable Issuing Bank shall not be responsible to the Borrower Company for, and no such Issuing Bank’s rights and remedies against the Borrower Company shall not be impaired by, any action or inaction of such Issuing Bank 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 law or any order of a jurisdiction where such Issuing Bank or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 1 contract

Sources: Credit Agreement (Olin Corp)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks L/C Issuers and the Borrower when a Letter of Credit is issued, (i) the rules of the ISP shall apply to each standby Letter of Credit, Credit and (ii) the rules of the UCP shall apply to each trade commercial Letter of Credit. Notwithstanding the foregoing, no Issuing Bank the L/C Issuers shall not be responsible to the Borrower for, and no Issuing Bank’s the L/C Issuers’ rights and remedies against the Borrower shall not be impaired by, any action or inaction of such Issuing Bank the L/C Issuers 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 Law or any order of a jurisdiction where such Issuing Bank the any L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 1 contract

Sources: Credit Agreement (Activision Blizzard, Inc.)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks applicable L/C Issuer and the Borrower when a Letter of Credit is issuedissued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade Letter of Credit. Notwithstanding the foregoing, no Issuing Bank the applicable L/C Issuer shall not be responsible to the Borrower for, and no Issuing Bankthe applicable L/C Issuer’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of such Issuing Bank the applicable 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 Law or any order of a jurisdiction where such Issuing Bank the applicable L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 1 contract

Sources: Credit Agreement (Cabot Microelectronics Corp)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks Lender and the Borrower when a Letter of Credit is issued, (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade commercial Letter of Credit. Notwithstanding the foregoing, no the Issuing Bank Lender shall not be responsible to the Borrower for, and no the Issuing BankLender’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of such the Issuing Bank 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 law or any order of a jurisdiction where such the Issuing Bank Lender or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 1 contract

Sources: Credit Agreement (Consolidated Edison Co of New York Inc)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks LC Issuer and the Borrower when a Letter of Credit is issuedissued (including any such agreement applicable to an Existing Letter of Credit or a Parkland Existing Letter of Credit), (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade Letter of Credit. Notwithstanding the foregoing, no Issuing Bank the LC Issuer shall not be responsible to the Borrower for, and no Issuing Bankthe LC Issuer’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of such Issuing Bank the LC Issuer required or permitted under any lawLaw, order, or practice that is required or permitted to be applied to any Letter of Credit or this Agreement, including the Law or any order of a jurisdiction where such Issuing Bank the LC Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 1 contract

Sources: Credit Agreement (Sunoco LP)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks Lender and the Borrower when a Letter of Credit is issued, (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade commercial Letter of Credit. Notwithstanding the foregoing, no the Issuing Bank Lender shall not be responsible to the Borrower for, and no the Issuing BankLender’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of such the Issuing Bank 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 law or any order of a jurisdiction where such the Issuing Bank Lender or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - Trade—International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 1 contract

Sources: Credit Agreement (Consolidated Edison Co of New York Inc)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks L/C Issuer and the Borrower when a Letter of Credit is issued, (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade commercial Letter of Credit. Notwithstanding the foregoing, no Issuing Bank the L/C Issuer shall not be responsible to the Borrower for, and no Issuing Bankthe L/C Issuer’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of such Issuing Bank the L/C Issuer required or permitted under any lawLaw, order, or practice that is required or permitted to be applied to any Letter of Credit or this Agreement, including the Law or any order of a jurisdiction where such Issuing Bank the L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - Trade—International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law Law or practice.

Appears in 1 contract

Sources: Credit Agreement (Bottomline Technologies Inc /De/)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks L/C Issuer and the Borrower Borrowers when a Letter of Credit is issuedissued (including any such agreement applicable to the Existing Letter of Credit), (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade Letter of Credit. Notwithstanding the foregoing, no Issuing Bank the L/C Issuer shall not be responsible to the Borrower Borrowers for, and no Issuing Bankthe L/C Issuer’s rights and remedies against the Borrower Borrowers shall not be impaired by, any action or inaction of such Issuing Bank 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 Law or any order of a jurisdiction where such Issuing Bank the L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 1 contract

Sources: Credit Agreement (Stonemor Partners Lp)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Banks Lender and the Borrower Company when a Letter of Credit is issuedissued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade Letter of Credit. Notwithstanding the foregoing, no Issuing Bank Lender shall be responsible to the Borrower Company for, and no each Issuing BankLender’s rights and remedies against the Borrower Company shall not be impaired by, any action or inaction of such Issuing Bank 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 Requirement of Law or any order of a jurisdiction where such the applicable Issuing Bank Lender or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice. In addition, any Issuing Lender may send a Letter of Credit or conduct any communication to or from the beneficiary via SWIFT message or overnight courier, or any other commercially reasonable means of communicating with a beneficiary.

Appears in 1 contract

Sources: Credit Agreement (Abm Industries Inc /De/)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks L/C Issuer and the Borrower when a Letter of Credit is issuedissued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade Letter of Credit. Notwithstanding the foregoing, no Issuing Bank the L/C Issuer shall not be responsible to the Borrower for, and no Issuing Bankthe L/C Issuer’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of such Issuing Bank the L/C Issuer required or permitted under any lawLaw, order, or practice that is required or permitted to be applied to any Letter of Credit or this Agreement, including the Law or any order of a jurisdiction where such Issuing Bank the L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - Trade—International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law Law or practice.

Appears in 1 contract

Sources: Credit Agreement (Trex Co Inc)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks L/C Issuer and the Borrower when a Letter of Credit is issuedissued (including any such agreement applicable to the Existing Letter of Credit), (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade Letter of Credit. Notwithstanding the foregoing, no Issuing Bank the L/C Issuer shall not be responsible to the Borrower for, and no Issuing Bankthe L/C Issuer’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of such Issuing Bank 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 Law or any order of a jurisdiction where such Issuing Bank the L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 1 contract

Sources: Credit Agreement (Ufp Technologies Inc)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks applicable L/C Issuer and the Borrower PRA when a Letter of Credit is issued, (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade Letter of Credit. Notwithstanding the foregoing, no Issuing Bank L/C Issuer shall be responsible to the Borrower PRA for, and no Issuing Bankeach L/C Issuer’s rights and remedies against the Borrower PRA shall not be impaired by, any action or inaction of such Issuing Bank L/C Issuer required or permitted under any law, order, order or industry practice that is required or permitted to be applied to any Letter of Credit or this Agreement, including the Law or any order of a jurisdiction where such Issuing Bank CREDIT AGREEMENT PRA GROUP, INC. CHAR1\1811758v6 L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 1 contract

Sources: Credit Agreement (Pra Group Inc)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks Bank and the Borrower Borrowers when a Letter of Credit is issued, (iissued,(i) the rules of the ISP shall apply to each standby Letter of Credit of Credit, and (ii) the rules of the UCP shall apply to each trade documentary Letter of Credit. Notwithstanding the foregoing, no the Issuing Bank shall not be responsible to the Borrower Borrowers for, and no the Issuing Bank’s rights and remedies against the Borrower Borrowers shall not be impaired by, any action or inaction of such the Issuing Bank required or permitted under any law, order, or practice that is required or permitted to be applied to any Letter of Credit or this Loan Agreement, including the law or any order of a jurisdiction where such the Issuing Bank or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 1 contract

Sources: Loan and Security Agreement (Bon Ton Stores Inc)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks Bank and the Borrower Borrowers when a Letter of Credit is issued, (iissued(i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade documentary Letter of Credit. Notwithstanding the foregoing, no the Issuing Bank shall not be responsible to the Borrower Borrowers for, and no the Issuing Bank’s rights and remedies against the Borrower Borrowers shall not be impaired by, any action or inaction of such the Issuing Bank required or permitted under any law, order, or practice that is required or permitted to be applied to any Letter of Credit or this Loan Agreement, including the law or any order of a jurisdiction where such the Issuing Bank or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade [–]- International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 1 contract

Sources: Loan and Security Agreement (Bon Ton Stores Inc)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks applicable L/C Issuer and the Borrower Company when a Letter of Credit is issuedissued by it (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade Letter of Credit. Notwithstanding the foregoing, no Issuing Bank L/C Issuer shall be responsible to the Borrower Company for, and no Issuing BankL/C Issuer’s rights and remedies against the Borrower Company shall be impaired by, any action or inaction of such Issuing Bank any 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 Law or any order of a jurisdiction where such Issuing Bank any L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - Trade—International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 1 contract

Sources: Credit Agreement (Sonic Automotive Inc)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Banks Lender and the Borrower when a Letter of Credit is issued, issued by it (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade commercial Letter of Credit. Notwithstanding the foregoing, no Issuing Bank Lender shall be responsible to the Borrower for, and no any Issuing Bank’s Lenders’ rights and remedies against the Borrower shall not be impaired by, any action or inaction of such any Issuing Bank 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 Law or any order of a jurisdiction where such any Issuing Bank Lender or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 1 contract

Sources: Credit Agreement (Sanmina Corp)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks applicable L/C Issuer and the Borrower Company when a Letter of Credit is issued, (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade commercial Letter of Credit. Notwithstanding the foregoing, no Issuing Bank L/C Issuer shall be responsible to the Borrower Company for, and no Issuing BankL/C Issuer’s rights and remedies against the Borrower Company shall be impaired by, any action or inaction of such Issuing Bank 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 any Requirements of Law or any order of a jurisdiction where such Issuing Bank L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 1 contract

Sources: Credit Agreement (Flex Ltd.)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the an Issuing Banks Bank and the Borrower when a Letter of Credit is issuedissued by such Issuing Bank, (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade commercial Letter of Credit. Notwithstanding the foregoing, no such Issuing Bank shall not be responsible to the Borrower for, and no such Issuing Bank’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of such Issuing Bank required or permitted under any law, order, or practice that is required or permitted to be applied to any Letter of Credit or issued pursuant to this Agreement, including the law or any order of a jurisdiction where such Issuing Bank or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 1 contract

Sources: Revolving Credit and Term Loan Agreement (Invitation Homes Inc.)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Banks Bank and the Borrower when Company at the time a standby Letter of Credit is issued, (i) including any such agreement applicable to an Existing Letter of Credit, the rules of the ISP shall apply to each such standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade Letter of Credit. Notwithstanding the foregoing, no the Issuing Bank shall not be responsible to the Borrower Company for, and no the Issuing Bank’s rights and remedies against the Borrower Company shall not be impaired by, any action or inaction of such the Issuing Bank 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 any law or order of a jurisdiction where such the Issuing Bank or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC International Chamber of Commerce Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 1 contract

Sources: Credit Agreement (Amerisourcebergen Corp)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks Bank and the applicable Borrower when a Letter of Credit is issuedissued (including any such agreement applicable to the Existing Letter of Credit), (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade Letter of Credit. Notwithstanding the foregoing, no the Issuing Bank shall not be responsible to the Borrower Borrowers for, and no the Issuing Bank’s rights and remedies against the Borrower Borrowers shall not be impaired by, any action or inaction of such the Issuing Bank 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 law or any order of a jurisdiction where such the Issuing Bank or the beneficiary is located, the practice stated in the ISP or or, if applicable, the UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice. (k) (k) Conflict with L/C Related Documents. In the event of any conflict between the terms hereof and the terms of any L/C Related Document, the terms hereof shall control.

Appears in 1 contract

Sources: Credit Agreement (Scholastic Corp)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the an Issuing Banks Bank and the Borrower Company when a Letter of Credit is issued, (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade commercial Letter of Credit. Notwithstanding the foregoing, no the Issuing Bank Banks shall not be responsible to the Borrower Company for, and no such Issuing Bank’s rights and remedies against the Borrower Company shall not be impaired by, any action or inaction of such Issuing Bank 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 law or any order of a jurisdiction where such Issuing Bank or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Covanta Holding Corp)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks and the Borrower when a Letter of Credit is issued, (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade commercial Letter of Credit. Notwithstanding the foregoing, no the Issuing Bank Banks shall not be responsible to the Borrower for, and no the Issuing Bank’s Banks’ rights and remedies against the Borrower shall not be impaired by, any action or inaction of such the Issuing Bank Banks 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 Law or any order of a jurisdiction where such the Issuing Bank Banks or the beneficiary is are located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 1 contract

Sources: Credit Agreement (Dean Foods Co)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks L/C Issuer and the Borrower when a Letter of Credit is issued, (i) each Letter of Credit shall provide that the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade Letter of Credit. Notwithstanding the foregoing, no Issuing Bank the L/C Issuer shall not be responsible to the Borrower for, and no Issuing Bankthe L/C Issuer’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of such Issuing Bank 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 Law or any order of a jurisdiction where such Issuing Bank the L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 1 contract

Sources: Credit Agreement (Ashford Inc.)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks applicable L/C Issuer and the Borrower Company when a Letter of Credit is issuedissued by it (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade Letter of Credit. Notwithstanding the foregoing, no Issuing Bank L/C Issuer shall be responsible to the Borrower Company for, and no Issuing BankL/C Issuer’s rights and remedies against the Borrower Company shall be impaired by, any action or inaction of such Issuing Bank any 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 Law or any order of a jurisdiction where such Issuing Bank any L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 1 contract

Sources: Credit Agreement (Sonic Automotive Inc)

Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the Issuing Banks Lender and the Borrower when a Letter of Credit is issued, (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each trade commercial Letter of Credit. Notwithstanding the foregoing, no Issuing Bank the Lender shall not be responsible to the Borrower any Loan Party for, and no Issuing Bankthe Lender’s rights and remedies against the Borrower any such Loan Party shall not be impaired by, any action or inaction of such Issuing Bank the 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 Credit Agreement, including the law or any order of a jurisdiction where such Issuing Bank the Lender or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-BAFT- IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.

Appears in 1 contract

Sources: Credit Agreement (Par Technology Corp)