Conditions to Issuance Clause Samples

Conditions to Issuance. No Letter of Credit shall be issued (including the renewal or extension of any Letter of Credit previously issued) at the request and for the account of the Borrower unless, as of the date of issuance (or renewal or extension) of such Letter of Credit: (i) after giving effect to the Letter of Credit requested, the Letter of Credit Obligations do not exceed the Letter of Credit Maximum Amount; (ii) after giving effect to the Letter of Credit requested, the Letter of Credit Obligations on such date plus the aggregate amount of all Revolving Credit Loans and Swing Line Loans (including all Loans deemed disbursed by Administrative Agent under Section 2.07(f)(iii) in respect of the Borrower’s Reimbursement Obligations) hereunder requested or outstanding on such date do not exceed the least of (A) the Aggregate Maximum Credit Amounts, (B) the then applicable Borrowing Base and (C) the Aggregate Elected Commitment Amount; (iii) the conditions set forth in Section 6.02 have been satisfied; (iv) if requested by the Issuing Bank, the Borrower shall have delivered to the Issuing Bank at its Issuing Office the Letter of Credit Agreement related thereto, together with such other documents and materials as may be required pursuant to the terms thereof, and the terms of the proposed Letter of Credit shall be reasonably satisfactory to the Issuing Bank; (v) no order, judgment or decree of any court, arbitrator or Governmental Authority shall purport by its terms to enjoin or restrain Issuing Bank from issuing the Letter of Credit requested, or any Revolving Credit Lender from taking an assignment of its Applicable Revolving Credit Percentage thereof pursuant to Section 2.07(f), and no law, rule, regulation, request or directive (whether or not having the force of law) shall prohibit the Issuing Bank from issuing, or any Revolving Credit Lender from taking an assignment of its Applicable Revolving Credit Percentage of, the Letter of Credit requested or letters of credit generally; and (vi) there shall have been (x) no introduction of or change in the interpretation of any law or regulation, (y) no declaration of a general banking moratorium by banking authorities in the United States, New York or the respective jurisdictions in which the Revolving Credit Lenders, the Borrower and the beneficiary of the requested Letter of Credit are located, and (z) no establishment of any new restrictions by any central bank or other Governmental Authority on transactions involving letter...

Conditions to Issuance. No Letter of Credit shall be issued for Companies unless, as of the date the issuance of such Letter of Credit is requested: (a) the face amount of the Letter of Credit requested, plus the face amount of all other outstanding Letters of Credit does not exceed the Letter of Credit Maximum Amount; (b) the face amount of the Letter of Credit requested, plus the principal amount of all Advances under the Revolving Credit Note outstanding and other outstanding Letters of Credit, does not exceed the Revolving Credit Commitment; (c) the obligations of Companies set forth in this Agreement and any of the Loan Documents are valid, binding and enforceable obligations of each of the Companies, subject to bankruptcy, reorganization or similar laws limiting the enforceability of creditor's rights generally and be subject to the availability of equitable remedies; (d) no Event of Default exists and no event which, with the giving of notice or lapse of time, or both, would constitute an Event of Default exists; (e) the representations and warranties contained in this Agreement and the Loan Documents are true in all material respects; (f) the execution of the Letter of Credit Agreement with respect to the Letter of Credit requested will not violate the terms and conditions of any contract, agreement or other borrowing of Companies (or any of them); (g) the Companies shall have delivered to Bank and the Issuing Office, not less than five (5) Business Days prior to the requested date for issuance, the Letter of Credit Agreement related thereto, together with such other documents and materials as may be required pursuant to the terms thereof, and the terms of the proposed Letter of Credit shall be satisfactory to Bank and its Issuing Office; (h) no order, judgment or decree of any court, arbitrator or governmental authority shall purport by its terms to enjoin or restrain Bank from issuing the Letter of Credit, and no applicable law, rule, regulation, request or directive (whether or not having the force of law) shall prohibit or request that Bank refrain from issuing the Letter of Credit requested or letters of credit generally; (i) Bank shall have received the issuance fee required in connection with the issuance of such Letter of Credit pursuant to Section 3.3 hereof. Each Letter of Credit Agreement submitted to Bank pursuant hereto shall constitute the requesting party's certification of the matters set forth in this Section 3.2 (a) through (i).

Conditions to Issuance. The LC Issuer shall have no obligation to issue Letters of Credit, so long as: (i) Any order, judgment or decree of any governmental authority or arbitrator shall by its terms purport to enjoin or restrain the LC Issuer from issuing such Letter of Credit; (ii) Any law applicable to LC Issuer or any request or directive (whether or not having the force of law) from any governmental authority with jurisdiction over the LC Issuer shall prohibit, or request that the LC Issuer refrain from, the issuance of letters of credit generally or such Letter of Credit in particular or shall impose upon the LC Issuer with respect to any such Letter of Credit any restriction, reserve or capital requirement (for which the LC Issuer is not otherwise compensated hereunder) not in effect on the Effective Date, or shall impose upon the LC Issuer any unreimbursed loss, cost or expense which was not applicable on the Effective Date and which the LC Issuer in good ▇▇▇▇▇ ▇▇▇▇▇ material to it; (iii) Except as otherwise agreed by LC Issuer, such Letter of Credit is in an initial amount less than $1,000,000; (iv) Such Letter of Credit is to be denominated in a currency other than US Dollars; or (v) Such Letter of Credit contains any provisions for automatic reinstatement of the stated amount after any drawing thereunder.

Conditions to Issuance. The Indenture Trustee shall not authenticate the Series 2006-1 Notes unless (i) all conditions to the issuance of the Series 2006-1 Notes under the Series 2006-1 Note Purchase Agreement shall have been satisfied, and (ii) the Issuer shall have delivered a certificate to the Indenture Trustee to the effect that all conditions set forth in the Series 2006-1 Note Purchase Agreement shall have been satisfied.

Conditions to Issuance. No LC Issuing Bank shall issue any Letter of Credit unless: (i) such Letter of Credit shall be satisfactory in form and substance to such LC Issuing Bank, (ii) the Borrower shall have executed and delivered such other instruments and agreements relating to such Letter of Credit as such LC Issuing Bank shall have reasonably requested, (iii) such LC Issuing Bank shall have confirmed with the Administrative Agent on the date of such issuance that the limitation specified in subsection (b)(ii) of this Section will not be exceeded immediately after such Letter of Credit is issued and (iv) such LC Issuing Bank shall not have been notified in writing by the Borrower, the Administrative Agent or the Required Lenders that any condition specified in clause (c), (d) or (e) of Section 3.03 is not satisfied at the time such Letter of Credit is to be issued.

Conditions to Issuance. If (i) the requested form of such Letter of Credit is acceptable to the Agent and the Issuing Bank in the reasonable discretion of each, (ii) in the case of any Issuing Bank other than the L/C Bank, such Issuing Bank elects in its sole discretion to Issue the requested Letter of Credit, and (iii) such Issuing Bank has not received notice from the Agent or the Required Lenders that the Issuance of such Letter of Credit is not authorized because such Issuance would not comply with the requirements of clause (a) or (b) of Section 3.01 or one or more of the conditions set forth in Section 4.02 has not been satisfied, then such Issuing Bank will, upon fulfillment of the applicable conditions set forth in Section 4.02 (which fulfillment such Issuing Bank may assume in the absence of actual knowledge, or notice received from the Borrower, the Agent or the Required Lenders, to the contrary) and subject to the provisions of this Article III, make such Letter of Credit available to the Borrower at its office referred to in Section 9.02 or as otherwise agreed upon with the Borrower in connection with such Issuance. In the event and to the extent that the provisions of any Letter of Credit Agreement shall conflict with this Agreement, the provisions of this Agreement shall govern.

Conditions to Issuance. As conditions to the execution by the Obligors' Agent, and authentication and delivery by the Trustee of the Series 1998-1 Notes at the written direction of the Obligors' Agent and the sale of the Series 1998-1 Notes by the Series Obligors (by issuance thereof by the Obligors' Agent and authentication by the Trustee upon the Obligors' Agent's instructions) on the Closing Date, (i) the Series Obligors shall have received by wire transfer the net proceeds of sale of the Series 1998-1 Notes, together with the Residual Interest and (ii) the Trustee shall have received the following on or before the Closing Date: (a) The List of Initial Contracts, certified on behalf of the Contributor by the President, any Senior Vice President, any Vice President or any Assistant Vice President of the Contributor; (b) Copies of resolutions of the board of directors of each of ALRC IV and ALRC V approving the execution, delivery and performance of this Series 1998-1 Supplement and the transactions contemplated hereby, certified by a Secretary or an Assistant Secretary of ALRC IV and ALRC V, as the case may be, and copies of resolutions of the board of directors of each of the Contributor and the Servicer approving the execution, delivery and performance of the Series 1998-1 Supplement and the transactions contemplated hereby, certified by a Secretary or an Assistant Secretary of the Contributor and Servicer, as the case may be; (c) A copy of an officially certified document, dated not more than 30 days prior to the Closing Date and evidencing the due organization and good standing of each of the Series Obligors and of the Contributor and the Servicer in their respective states of organization ; (d) Copies of the Certificate of Incorporation and By-Laws of each of ALRC IV and ALRC V and each of the Contributor and the Servicer certified by the Secretary or an Assistant Secretary of an Officer of ALRC IV, ALRC V, the Contributor and the Servicer, as the case may be;

Conditions to Issuance. Section 501.

Conditions to Issuance. The Option and exercise of the Option, and the other obligations of REFAC under the Plan and the Option shall be subject to all applicable federal and state laws, rules and regulations and to such approvals by any regulatory or governmental agency as may be required. REFAC, in its discretion, may postpone the issuance or delivery of Stock under the Option as REFAC may consider appropriate and may require the Optionee to make such representations and furnish such information as it may consider appropriate in connection with the issuance or delivery of Stock in compliance with applicable laws, rules and regulations.