ISSUER'S OBLIGATIONS CONCERNING DOCUMENTS Sample Clauses

ISSUER'S OBLIGATIONS CONCERNING DOCUMENTS. (a) The Issuer's obligations relative to the Credit include the examination of documents with reasonable care so as to ascertain that on their face they appear to comply with the terms of Credit, but do NOT include liability or responsibility of any kind arising out of or in connection with: (i) validity, sufficiency, truthfulness, genuineness or effect of documents which appear on Issuer's examination to be regular on their face; (ii) honor of drafts or demands for payment which appear on Issuc,r's examination to be regular on their face; or (iii) the ultimate correctness of Issuer's decision regarding documentary compliance, where such decision is based on Issuer's examination of the documents, or Issuer's exercise of judgment, in a manner not manifestly unreasonable. The Issuer may in its discresion (but shall not be obligated tO) accept documents which substantially or reasonably comply with the terms of the Credit. (b) I~'nless otherwise specified in the Application, the [ssuer mav in its discretion accept or honor (in the case of negotiable Credits) as complying with the Credit: (i) drafts or document signed by or issued to the purported agent, executor, administrator. Iiquidator. receiver, trustee in bankruptcy or other legal representative of any party designated in the Credit; (ii) drains which fail to bear any or adequate reference to the Credit or notation to be made on the Credit. or the Credit to be surrendered, or documents to be forwarded apart from the draft, whether or not required by the Credit; (iii) drafts or documents which comply under the laws, rules, regulations, and general banking or trade customs and usages of the place of drawing or presentation; or (iv) drafts or documents which comply with the UCP.
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ISSUER'S OBLIGATIONS CONCERNING DOCUMENTS. (a) The issuer's obligations relative to the Credit include the examination of documents with reasonable care so as to ascertain that on their face they appear to comply with the terms of Credit but NOT include inability or responsibility of any kind arising out of or in connection with (i) validity, sufficiency, truthfulness, genuiness or effect of documents which appear on issuer's examination to be regular on their face, (ii) honor of drafts or demands for payment which appear on issuer's examination to be regular on their face, or (iii) the ultimate correctness of issuer's decision regarding documentary compliance where such decision is based on the issuer's examination of the documents or issuer's exercise of judgment in a manner not [illegible]
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ISSUER'S OBLIGATIONS CONCERNING DOCUMENTS. (a) Your obligations to us relative to the Credit include your examination of documents with care so as to ascertain that on their face they appear to comply with the terms of the Credit, but do not include liability or responsibility of any kind arising out of or in connection with: (i) genuineness or effect of documents which appear on your examination to be regular on their face; (ii) honor of drafts or demands for payment which appear on your examination to be regular on their face; or (iii) the ultimate correctness of your decision regarding documentary compliance, where your decision is based on your examination of the documents, or your exercise of judgment, in a manner not manifestly unreasonable. You may accept documents which substantially or reasonably comply with the terms of the Credit. (b) Unless otherwise specified in the Application, you may in your discretion accept or honor as complying with the Credit; (i) drafts or documents signed by or issued to the purported executor, administrator, trustee in bankruptcy, or other legal representative of any party designated in the Credit; (ii) drafts which fail to bear any or adequate reference to the Credit, or notation to be made on the Credit, or which comply under the laws, rule, regulations, and general banking or trade customs and usages of the place of drawing, negotiation or presentation; or (iv) drafts or documents which comply with the Revised Customs.
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Related to ISSUER'S OBLIGATIONS CONCERNING DOCUMENTS

  • Termination of the Issuer’s Obligations The Issuer may terminate its obligations under the Notes and this Indenture and the obligations of the Subsidiary Guarantors under the Subsidiary Guarantees and this Indenture and this Indenture shall cease to be of further effect, except those obligations referred to in the penultimate paragraph of this Section 8.01, if: (1) either (A) all the Notes theretofore authenticated and delivered (except lost, stolen or destroyed Notes which have been replaced or paid and Notes for whose payment money has theretofore been deposited in trust or segregated and held in trust by the Issuer and thereafter repaid to the Issuer or discharged from such trust) have been delivered to the Trustee for cancellation; or (B) all Notes not theretofore delivered to the Trustee for cancellation (1) have become due and payable or (2) will become due and payable within one year, or are to be called for redemption within one year, under arrangements reasonably satisfactory to the Trustee for the giving of notice of redemption by the Trustee in the name, and at the expense, of the Issuer, and the Issuer has irrevocably deposited or caused to be deposited with the Trustee funds in an amount sufficient to pay and discharge the entire Indebtedness on the Notes not theretofore delivered to the Trustee for cancellation, for principal of, premium, if any, and interest on the Notes to the date of maturity or redemption, as the case may be, together with irrevocable instructions from the Issuer directing the Trustee to apply such funds to the payment thereof at maturity or redemption, as the case may be; provided that with respect to any redemption that requires the payment of the Applicable Premium (as defined in the form of Note in Exhibit A), the amount deposited shall be sufficient for purposes of this paragraph to the extent that an amount is deposited with the Trustee equal to the Applicable Premium calculated as of the date of the notice of redemption, with any deficit as of the date of the redemption only required to be deposited with the Trustee on or prior to the date of the redemption; (2) the Issuer has paid all sums payable by the Issuer under this Indenture, and (3) the Issuer has delivered to the Trustee an Officers’ Certificate and an Opinion of Counsel stating that all conditions precedent under this Indenture relating to the satisfaction and discharge of this Indenture have been complied with.

  • Conditions of Initial Purchasers’ Obligations The obligation of each Initial Purchaser to purchase Securities on the Closing Date as provided herein is subject to the performance by the Company and each of the Guarantors of their respective covenants and other obligations hereunder and to the following additional conditions:

  • Conditions of Investor’s Obligations at Closing The obligations of the Investor under subsection 1.1(c) of this Agreement are subject to the fulfillment on or before the Closing of each of the following conditions, the waiver of which shall not be effective against the Investor if it does not consent thereto:

  • Conditions to the Purchaser’s Obligations The obligation of each Purchaser to purchase the Shares and Warrants at the Closing is subject to the fulfillment to the Purchasers’ reasonable satisfaction, on or prior to the Closing Date, of the following conditions, any of which may be waived in writing by the Purchasers: (i) The representations and warranties made by the Company in Section 3.1 hereof shall be true and correct except where the failure to be so true and correct does not have a Material Adverse Effect. The Company shall have performed in all material respects all obligations and conditions herein required to be performed or observed by it on or prior to the Closing Date. (ii) The Company shall have obtained in a timely fashion any and all material consents, permits, approvals, registrations and waivers necessary or appropriate for consummation of the purchase and sale of the Shares and Warrants, all of which shall be and remain so long as necessary in full force and effect. (iii) No judgment, writ, order, injunction, award or decree of or by any court, or judge, justice or magistrate, including any bankruptcy court or judge, or any order of or by any governmental authority, shall have been issued, and no action or proceeding shall have been instituted by any governmental authority, or self-regulatory organization enjoining or preventing the consummation of the transactions contemplated hereby or in the other Transaction Documents. (iv) The Company shall have delivered a Certificate, executed on behalf of the Company by its Chief Executive Officer or its Chief Financial Officer, dated as of the Closing Date, certifying to the fulfillment of the conditions specified in subsections (i), (ii), (iii) and(vii) of this Section 2.2(a). (v) The Company shall have delivered a Certificate, executed on behalf of the Company by its Secretary, dated as of the Closing Date, certifying the resolutions adopted by the Board of Directors of the Company approving the transactions contemplated by this Agreement and the other Transaction Documents and the issuance of the Shares and Warrants, certifying the current versions of the Certificate of Incorporation and Bylaws of the Company and certifying as to the signatures and authority of persons signing the Transaction Documents and related documents on behalf of the Company. (vi) The Prospectus shall have been filed with the Commission pursuant to Rule 424(b) under the Securities Act within the applicable time period prescribed for such filing; no stop order suspending the effectiveness of the Registration Statement or any part thereof shall have been issued and no proceeding for that purpose shall have been initiated or threatened by the Commission; no stop order or suspension of trading shall have been imposed by any Person with respect to public trading in the Common Stock; and the Purchaser shall have received the Prospectus in accordance with the federal securities laws. (vii) The Company’s Common Stock (including the Shares and the Warrant Shares) shall be eligible for inclusion on the Nasdaq Capital Market and listed and admitted and authorized for trading on the Nasdaq Capital Market.

  • Conditions of the Purchaser’s Obligations The obligations of the Purchaser to purchase and pay for the Private Placement Warrants are subject to the fulfillment, on or before each Closing Date, of each of the following conditions: