Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Bank and the Borrower when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of either the ISP or the UCP, as applicable, shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each 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, 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 (Kroger Co), Credit Agreement (Kroger Co), Credit Agreement (Kroger Co)
Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Bank L/C Issuer and the Borrower Company when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of either the ISP or the UCP, as applicable, shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each 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 lawLaw, order, or practice that is required or permitted to be applied to any Letter of Credit or this Agreement, including the law 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, 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 3 contracts
Sources: Syndicated Facility Agreement (Interface Inc), Credit Agreement (FTD Companies, Inc.), Credit Agreement (United Online Inc)
Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Bank L/C Issuer and the applicable Borrower when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of either the ISP or the UCP, as applicable, shall apply to each standby Letter of Credit, Credit and (ii) the rules of the UCP shall apply to each commercial 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 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, 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 (Vertex Pharmaceuticals Inc / Ma), Credit Agreement (Vertex Pharmaceuticals Inc / Ma), Credit Agreement (Vertex Pharmaceuticals Inc / Ma)
Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Bank L/C Issuer and the Borrower Company when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of either the ISP or the UCP, as applicable, shall apply to each standby Letter of Credit, Credit and (ii) the rules of the UCP shall apply to each 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 lawLaw, order, or practice that is required or permitted to be applied to any Letter of Credit or this Agreement, including the law 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, 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 3 contracts
Sources: Credit Agreement (Celestica Inc), Credit Agreement (Celestica Inc), Credit Agreement (Celestica Inc)
Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Bank L/C Issuer and the Borrower Company when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of either the ISP or the UCP, as applicable, shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each 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 any 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 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, 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 (Avnet Inc), Credit Agreement (Avnet Inc), Credit Agreement (Avnet Inc)
Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Bank and the Borrower when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of either the ISP or the UCP, as applicable, shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each 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 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 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, 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 (Costar Group, Inc.), First Amendment (Costar Group, Inc.), Credit Agreement (Costar Group, Inc.)
Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Bank Lender and the applicable Borrower when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of either the ISP or the UCP, as applicable, shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each commercial 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 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, 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 (Speedway Motorsports Inc), Credit Agreement (Speedway Motorsports Inc)
Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable an LC Issuing Bank and the US Borrower or Canada Borrower (as applicable) when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit)issued, (i) the rules of either the ISP or the UCP, as applicable, shall apply to each standby Letter of Credit, and (ii) the rules of the ISP or UCP shall apply to each commercial Letter of Credit. Notwithstanding the foregoing, no the LC Issuing Bank Banks shall not be responsible to the US Borrower or Canada Borrower for, and no such LC Issuing Bank’s rights and remedies against the US Borrower or Canada Borrower (as applicable) shall not be impaired by, any action or inaction of such LC Issuing Bank required or permitted under any law, order, or practice Governmental Rule that is required or permitted to be applied to any Letter of Credit or this Agreement, including the law or any order Governmental Rules of a jurisdiction where such LC 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 2 contracts
Sources: Credit and Guaranty Agreement (Pattern Energy Group Inc.), Credit and Guaranty Agreement (Pattern Energy Group Inc.)
Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Bank and the Borrower when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of either the ISP or the UCP, as applicable, shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each 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, 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 (Kroger Co), Credit Agreement (Kroger Co)
Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Bank and the applicable Borrower when a Letter of Credit is issued by it (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of either the ISP or the UCP, as applicable, shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each commercial Letter of Credit. Notwithstanding the foregoing, no Issuing Bank shall be responsible to the any Borrower for, and no Issuing Bank’s rights and remedies against the a 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 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, 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: Amendment No. 2 (Barnes Group Inc), Credit Agreement (Barnes Group Inc)
Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Bank L/C Issuer and the applicable Borrower when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of either the ISP or the UCP, as applicable, shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each 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 with respect to any 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 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, 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 (EnerSys), Credit Agreement (EnerSys)
Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Bank and the Company or the Borrower requesting an Issuance when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit)issued, (i) the rules of either the ISP or the UCP, as applicable, shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each commercial Letter of Credit. Notwithstanding the foregoing, no Issuing Bank shall be responsible to the Borrower requesting an Issuance for, and no Issuing Bank’s rights and remedies against the such 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, 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 (Becton Dickinson & Co), Credit Agreement (Becton Dickinson & Co)
Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Bank L/C Issuer and the Borrower when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of either the ISP or the UCP, as applicable, shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each 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 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 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, 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 (Ducommun Inc /De/), Credit Agreement (Ducommun Inc /De/)
Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Bank LC Issuer and the Borrower when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of either the ISP or the UCP, as applicable, shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each commercial 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 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, 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 (Susser Petroleum Partners LP)
Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Bank L/C Issuer and the Borrower Company when a Letter of Credit is issued by it (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of either the ISP or the UCP, as applicable, shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each commercial Letter of Credit. Notwithstanding the foregoing, no Issuing Bank L/C Issuer shall be responsible to the Company, any Borrower or any Subsidiary for, and no Issuing BankL/C Issuer’s rights and remedies against the Company, any Borrower or any Subsidiary 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 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, 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: Fourth Amended and Restated Credit Agreement (Asbury Automotive Group Inc), Credit Agreement (Sonic Automotive Inc)
Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Bank Lender and the Borrower when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of either the ISP or the UCP, as applicable, shall apply to each standby Letter of Credit, Credit and (ii) the rules of the UCP shall apply to each 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, order or practice that is required or permitted to be applied to any Letter of Credit or this Agreement, including the law 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 2 contracts
Sources: Credit Agreement (Northwestern Corp), Credit Agreement (Northwestern Corp)
Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Bank L/C Issuer and the Borrower Borrowers when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of either the ISP or the UCP, as applicable, shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each 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 any such 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, 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: Loan Agreement (RCM Technologies, Inc.), Loan Agreement (RCM Technologies, Inc.)
Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Bank L/C Issuer and the Borrower Company when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of either the ISP or the UCP, as applicable, shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each commercial Letter of Credit. Notwithstanding the foregoing, no Issuing Bank the applicable L/C Issuer shall not be responsible to the Borrower Company for, and no Issuing Banksuch L/C Issuer’s rights and remedies against the Borrower Company 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 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, 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
Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Bank Lender and the Borrower when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), by it (i) the rules of either the ISP or the UCP, as applicable, shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each 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 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, 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 applicable Issuing Bank and the applicable Borrower when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of either the ISP or the UCP, as applicable, shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each commercial Letter of Credit. Notwithstanding the foregoing, no Issuing Bank shall be responsible to the any Borrower for, and no Issuing Bank’s rights and remedies against the any 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 Requirement of 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, 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 Agreement (Chicago Bridge & Iron Co N V)
Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Bank Lender and the Borrower Borrowers when a Letter of Credit is issued by it (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of either the ISP or the UCP, as applicable, shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each commercial Letter of Credit. Notwithstanding the foregoing, no Issuing Bank Lender shall be responsible to the Borrower Borrowers for, and no Issuing BankLender’s rights and remedies against the Borrower Borrowers shall 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 Credit Agreement, including the law 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, 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 (Brandywine Operating Partnership, L.P.)
Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Bank L/C Issuer and the Borrower when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of either the ISP or the UCP, as applicable, shall apply to each standby Letter of Credit, Credit and (ii) the rules of the UCP shall apply to each 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 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 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, 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 (Compass Group Diversified Holdings LLC)
Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Bank L/C Issuer and the Borrower when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of either the ISP or the UCP, as applicable, shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each 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 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, 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 (Flowserve Corp)
Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Bank and the applicable Borrower when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter or when it is amended with the consent of Credit)the beneficiary thereof, (i) the rules of either the ISP or the UCP, as applicable, shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each commercial Letter of Credit. Notwithstanding the foregoing, no the Issuing Bank shall not be responsible to the such Borrower for, and no the Issuing Bank’s rights and remedies against the such 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 Law or any order of any governmental authority in a jurisdiction where such the Issuing Bank or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, applicable or in the decisions, opinions, practice 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
Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Bank L/C Issuer and the Borrower Borrowers when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of either the ISP or the UCP, as applicable, shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each 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 Bank’s the L/C Issuer's rights and remedies against the any such 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, 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
Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Bank L/C Issuer and the Borrower when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) when a Letter of Credit is issued the rules of either the ISP or the UCP, as applicable, shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each 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 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, 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 (McGrath Rentcorp)
Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Bank L/C Issuer and the Borrower Company when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of either the ISP or the UCP, as applicable, shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each 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 Bank’s the 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 lawLaw, order, or practice that is required or permitted to be applied to any Letter of Credit or this Agreement, including the law 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, 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
Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Bank a L/C Issuer and the Borrower when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of either the ISP or the UCP, as applicable, shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each 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 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 Credit Agreement, including the law 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, 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 (HSN, Inc.)
Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Bank Lender and the Borrower when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), ) (i) the rules of either the ISP or the UCP, as applicable, shall apply to each standby Letter of Credit, Credit and (ii) the rules of the UCP shall apply to each 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, order or practice that is required or permitted to be applied to any Letter of Credit or this Agreement, including the law 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 (Northwestern Corp)
Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Bank Banks and the Borrower when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of either the ISP or the UCP, as applicable, shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each 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 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, 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 applicable Issuing Bank L/C Issuer and the Borrower Company when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of either the ISP or the UCP, as applicable, shall apply to each standby Letter of Credit, Credit and (ii) the rules of the UCP shall apply to each 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 the law 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, 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
Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Bank L/C Issuer and the applicable Borrower when a Letter of Credit is issued by it (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of either the ISP or the UCP, as applicable, shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each 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 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 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, 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
Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Bank a L/C Issuer and the Borrower when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of either the ISP or the UCP, as applicable, shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each 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 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 Credit Agreement, including the law 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, 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 (HSN, Inc.)
Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Bank L/C Issuer and the Borrower when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of either the ISP or the UCP, as applicable, shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each 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 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, 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 (Cbeyond, Inc.)
Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Bank L/C Issuer and the Borrower when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of either the ISP or the UCP, as applicable, 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 commercial applicable Letter of CreditCredit 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 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 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, 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
Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Bank L/C Issuer and the applicable Borrower when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of either the ISP or the UCP, as applicable, shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each commercial 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 lawLaw, order, or practice that is required or permitted to be applied to any Letter of Credit or this Agreement, including the law 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, 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
Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Bank L/C Issuer and the Borrower Company when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of either the ISP or the UCP, as applicable, shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each 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 the law 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, 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
Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Bank L/C Issuer and the Borrower Company when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of either the ISP or the UCP, as applicable, shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each any commercial Letter of Credit. Notwithstanding the foregoing, no Issuing Bank L/C Issuer shall be responsible to the any Borrower for, and no Issuing Banksuch L/C Issuer’s rights and remedies against the Borrower Borrowers 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 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, 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, Inc., whether or not any Letter of Credit chooses such law Law or practice.
Appears in 1 contract
Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Bank L/C Issuer and the Borrower Company when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of either the ISP or the UCP, as applicable, shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each 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 the law 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, 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
Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Bank L/C Issuer and the Borrower when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of either the ISP or the UCP, as applicable, shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each 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, Law or practice that is required or permitted to be applied to any Letter of Credit or this Agreement, including the law 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, 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 (Helen of Troy LTD)
Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Bank L/C Issuer and the Borrower Company when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of either the ISP or the UCP, as applicable, shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each 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 consistent with this Agreement and that is required or permitted to be applied to any Letter of Credit or this Agreement, including the law 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, 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
Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Bank L/C Issuer and the Borrower when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of either the ISP or the UCP, as applicable, shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each 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 law, order, or practice that is required or permitted to be applied to any Letter of Credit or this Agreement, including the law 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, 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 (Azz Inc)
Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Bank L/C Issuer and the Borrower when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of either the ISP or the UCP, as applicable, shall apply to each standby Letter of Credit, Credit and (ii) the rules of the UCP shall apply to each 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 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, 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 (Compass Group Diversified Holdings LLC)
Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Bank L/C Issuer and the Borrower when a Letter of Credit is issued (including any such agreement applicable to an the Existing Letter of Credit), (i) the rules of either the ISP or the UCP, as applicable, shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each 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 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, 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
Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Bank L/C Issuer and the Borrower when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of either the ISP or the UCP, as applicable, shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each commercial Letter of Credit. 1204724.01-CHISR02A - MSW CHAR1\1886837v5 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 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, 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 (SP Plus Corp)
Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Bank L/C Issuer and the Borrower when a Letter of Credit is issued by it (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of either the ISP or the UCP, as applicable, shall apply to each standby Letter of Credit, Credit and (ii) the rules of the UCP shall apply to each 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 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, 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
Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Bank L/C Issuer and the applicable Borrower when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of either the ISP or the UCP, as applicable, shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each 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 with respect to any 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 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, 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 (EnerSys)
Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Bank L/C Issuer and the Borrower Borrowers when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of either the ISP or the UCP, as applicable, shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each commercial 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 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, 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 (Potlatch Corp)
Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Bank and the Borrower when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of either the ISP or the UCP, as applicable, shall apply to each standby Letter of Credit, Credit and (ii) the rules of the UCP shall apply to each commercial Letter of Credit. Notwithstanding the foregoing, no each Issuing Bank shall not be responsible to the Borrower for, and no each 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 this Agreement, including the law 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, 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 (PharMerica CORP)
Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Bank L/C Issuer and the Borrower Company when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of either the ISP or the UCP, as applicable, shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each 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 the law 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, 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
Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Bank L/C Issuer and the Borrower when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of either the ISP or the UCP, as applicable, shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each 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 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, 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
Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Bank L/C Issuer and the Borrower when a Letter of Credit is issued by it (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of either the ISP or the UCP, as applicable, shall apply to each standby Letter of Credit, Credit and (ii) the rules of the UCP shall apply to each 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 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, 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
Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Bank L/C Issuer and the Borrower Company when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of either the ISP or the UCP, as applicable, shall apply to each standby Letter of Credit, Credit and (ii) the rules of the UCP shall apply to each 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 the law 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, 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
Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Bank L/C Issuer and the Borrower when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of either the ISP or the UCP, as applicable, shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each commercial Letter of Credit. Notwithstanding the foregoing, no Issuing Bank L/C Issuer shall be responsible to the Borrower for, and no Issuing Banksuch 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 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, 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 1 contract
Sources: Credit Agreement (Azz Inc)
Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Bank LC Issuer and the Borrower when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of either the ISP or the UCP, as applicable, shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each commercial 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 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, 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 (Sunoco LP)
Applicability of ISP and UCP; Limitation of Liability. Unless otherwise expressly agreed by the applicable Issuing Bank any LC Issuer and the Borrower when a Letter of Credit Facility is issued (including any such agreement applicable to an Existing Letter of CreditFacility LC), (i) the rules of either the ISP or the UCP, as applicable, shall apply to each standby Letter of CreditFacility LC, and (ii) the rules of the UCP shall apply to each commercial Letter of CreditFacility LC. Notwithstanding the foregoing, no Issuing Bank LC Issuer shall be responsible to the Borrower for, and no Issuing Bank’s the LC Issuers’ rights and remedies against the Borrower shall not be impaired by, any action or inaction of such Issuing Bank any LC Issuer required or permitted under any law, order, or practice that is required or permitted to be applied to any Letter of Credit Facility LC or this Agreement, including the law Law or any order of a jurisdiction where such Issuing Bank any LC 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 - Trade—International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit Facility LC chooses such law or practice.
Appears in 1 contract
Sources: Five Year Revolving Credit Facility Agreement (Sara Lee Corp)