Common use of Other Conditions Clause in Contracts

Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Section Six, the obligation of the Letter of Credit Issuer to cause to be issued any Letter of Credit is subject to the following conditions precedent having been satisfied in a manner satisfactory to the Agent: (i) The Borrowers shall have delivered to the Letter of Credit Issuer, at such times and in such manner as such Letter of Credit Issuer may prescribe, an application in form and substance satisfactory to the Letter of Credit Issuer for the issuance of the Letter of Credit and such other documents as may be reasonably required pursuant to the terms thereof, and the form and terms of the proposed Letter of Credit shall be satisfactory to the Agent and Letter of Credit Issuer; and (ii) As of the date of issuance, no order of any court, arbitrator or Governmental Authority shall purport by its terms to enjoin or restrain money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no law, rule or regulation applicable to money center banks generally and no request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over money center banks generally shall prohibit, or request that the Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such Letters of Credit.

Appears in 9 contracts

Sources: Loan and Security Agreement (Regional Management Corp.), Loan and Security Agreement (Regional Management Corp.), Loan and Security Agreement (Regional Management Corp.)

Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Section SixArticle IX, the obligation of the Letter of Credit Issuer Issuers to cause to be issued issue any applicable Letter of Credit is subject to the following conditions precedent having been satisfied in a manner satisfactory to the Agentsatisfied: (i) The Borrowers the Borrower shall have delivered to the applicable Letter of Credit Issuer, at least three (3) Business Days (or such times and in such manner shorter period as such the applicable Letter of Credit Issuer may prescribeagree) in advance of the proposed date of issuance of any Letter of Credit, an application in form and substance reasonably satisfactory to the such Letter of Credit Issuer for the issuance of the Letter of Credit and such other documents as may be reasonably required pursuant to the terms thereof, and the form and terms of the proposed Letter of Credit shall be reasonably satisfactory to the Agent and applicable Letter of Credit Issuer; and (ii) As as of the date of issuance, no order of any court, arbitrator or Governmental Authority shall purport by its terms to enjoin or restrain money center banks generally the applicable Letter of Credit Issuer from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no law, rule or regulation Law applicable to money center banks generally the applicable Letter of Credit Issuer and no request or directive (whether or not having the force of lawLaw) from any Governmental Authority with jurisdiction over money center banks generally such Letter of Credit Issuer shall prohibit, or request that the proposed Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such Letters of Credit.

Appears in 9 contracts

Sources: Credit Agreement (ProPetro Holding Corp.), Restatement Agreement (ProPetro Holding Corp.), Credit Agreement (ProFrac Holding Corp.)

Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Section SixArticle IX, the obligation of the Letter of Credit Issuer Issuers to cause to be issued issue any applicable Letter of Credit is subject to the following conditions precedent having been satisfied in a manner satisfactory to the Agentsatisfied: (i) The Borrowers the Borrower shall have delivered to the applicable Letter of Credit Issuer, at least three (3) Business Days (or such times and in such manner shorter period as such the applicable Letter of Credit Issuer may prescribeagree) in advance of the proposed date of issuance of any Letter of Credit, an application in form and substance reasonably satisfactory to the such Letter of Credit Issuer for the issuance of the Letter of Credit and such other documents as may be reasonably required pursuant to the terms thereof, and the form and terms of the proposed Letter of Credit shall be reasonably satisfactory to the Agent and applicable Letter of Credit Issuer; and; (ii) As as of the date of issuance, no order of any court, arbitrator or Governmental Authority shall purport by its terms to enjoin or restrain money center banks generally the applicable Letter of Credit Issuer from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no law, rule or regulation Law applicable to money center banks generally the applicable Letter of Credit Issuer and no request or directive (whether or not having the force of lawLaw) from any Governmental Authority with jurisdiction over money center banks generally such Letter of Credit Issuer shall prohibit, or request that the proposed Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such Letters of Credit, and (iii) as of the date of issuance, such requested Letter of Credit shall not violate any internal policy or guideline of the applicable Letter of Credit Issuer.

Appears in 6 contracts

Sources: Credit Agreement (ProFrac Holding Corp.), Credit Agreement (ProFrac Holding Corp.), Credit Agreement (ProFrac Holding Corp.)

Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Section SixArticle IX, the obligation of the Letter of Credit Issuer Agent to issue or to cause to be issued any applicable Letter of Credit is subject to the following conditions precedent having been satisfied in a manner satisfactory reasonably acceptable to the Agent: (i) The Borrowers the applicable Borrower shall have delivered to the applicable Letter of Credit Issuer, at least three Business Days (or such times and in such manner shorter period as such the applicable Letter of Credit Issuer may prescribemay, in its reasonable discretion, agree) in advance of the proposed date of issuance of any Letter of Credit, an application in form and substance reasonably satisfactory to the such Letter of Credit Issuer for the issuance of the Letter of Credit and such other documents as may be reasonably required pursuant to the terms thereof, and the form and terms of the proposed Letter of Credit shall be reasonably satisfactory to the Agent and the applicable Letter of Credit Issuer; and (ii) As as of the date of issuance, no order of any court, arbitrator or Governmental Authority shall purport by its terms to enjoin or restrain money center banks generally the applicable Letter of Credit Issuer from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no law, rule or regulation applicable to money center banks generally the applicable Letter of Credit Issuer and no request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over money center banks generally such Letter of Credit Issuer shall prohibit, or request that the proposed Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such Letters of Credit.

Appears in 4 contracts

Sources: Credit Agreement (United Rentals North America Inc), Credit Agreement (United Rentals North America Inc), Credit Agreement (United Rentals North America Inc)

Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article IX, and subject to the terms and conditions contained in Section Six13.15 with respect to Defaulting Lenders, the obligation of the Agent to cause to be issued, or of a Letter of Credit Issuer to cause to be issued issue, any applicable Letter of Credit is subject to the following conditions precedent having been satisfied in a manner satisfactory reasonably acceptable to the AgentAgent and such Letter of Credit Issuer: (i) The Borrowers the Borrowers’ Agent shall have delivered to the Letter of Credit Issuer, at such times and in such manner as such applicable Letter of Credit Issuer may prescribeand Agent, as set forth in Section 2.4(d)(i), at least three Business Days (or such shorter period as the applicable Letter of Credit Issuer may, in its reasonable discretion, agree) in advance of the proposed date of issuance of any Letter of Credit, an application in form and substance reasonably satisfactory to the such Letter of Credit Issuer for the issuance of the Letter of Credit and such other documents as may be reasonably required pursuant to the terms thereof, and the form and terms of the proposed Letter of Credit shall be reasonably satisfactory to the Agent and the applicable Letter of Credit Issuer; and (ii) As as of the date of issuance, no order of any court, arbitrator or Governmental Authority shall purport by its terms to enjoin or restrain money center banks generally the applicable Letter of Credit Issuer from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no law, rule or regulation applicable to money center banks generally the applicable Letter of Credit Issuer and no request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over money center banks generally such Letter of Credit Issuer shall prohibit, or request that the proposed Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such Letters of Credit.

Appears in 4 contracts

Sources: Credit Agreement (Herc Holdings Inc), Credit Agreement (Herc Holdings Inc), Credit Agreement (Herc Holdings Inc)

Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Section SixArticle 10, the obligation of the Letter of Credit Issuer Agent to issue or to cause to be issued any Letter of Credit or to provide Credit Support for any Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably satisfactory to the Agent: (i) The Borrowers Borrower shall have delivered to the Letter of Credit Issuer, at such times and in such manner as such Letter of Credit Issuer may prescribe, an application in form and substance satisfactory to the such Letter of Credit Issuer and reasonably satisfactory to the Agent for the issuance of the Letter of Credit and such other documents as may be reasonably required pursuant to the terms thereof, and the form and terms of the proposed Letter of Credit shall be reasonably satisfactory to the Agent and the Letter of Credit IssuerIssuer and its purpose shall comply with Section 1.1.3; and (ii) As of the date of issuance, no order of any court, arbitrator or Governmental Authority shall purport by its terms to enjoin or restrain money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no law, rule or regulation applicable to money center banks generally and no request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over money center banks generally shall prohibit, or request that the proposed Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such Letters of Credit. In the event of any direct conflict between any document delivered pursuant to Section 1.2.3(i) and this Agreement, the terms hereof shall control.

Appears in 3 contracts

Sources: Loan and Security Agreement (Integrated Electrical Services Inc), Loan and Security Agreement (Integrated Electrical Services Inc), Loan and Security Agreement (Integrated Electrical Services Inc)

Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Section SixArticle 9, the obligation of the Letter of Credit Issuer Agent to take reasonable steps to cause to be issued any Letter of Credit is subject to the following conditions precedent having been satisfied in a manner satisfactory to the Agent: (i1) The Borrowers the applicable Borrower shall have delivered to the proposed issuer of such Letter of Credit IssuerCredit, at such times and in such manner as such Letter of Credit Issuer proposed issuer may prescribe, an application in form and substance satisfactory to the Letter of Credit Issuer such proposed issuer for the issuance of the Letter of Credit and such other documents as may be reasonably required pursuant to the terms thereof, and the form and terms of the proposed Letter of Credit shall be satisfactory to the Agent and Letter of Credit Issuersuch proposed issuer; and (ii2) As as of the date of issuance, no order of any court, arbitrator or Governmental Public Authority shall purport by its terms to enjoin or restrain money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no law, rule or regulation applicable to money center banks generally and no request or directive (whether or not having the force of law) from any Governmental Public Authority with jurisdiction over money center banks generally shall prohibit, or request that the proposed issuer of such Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such Letters of Credit.

Appears in 2 contracts

Sources: Loan and Security Agreement (Laclede Steel Co /De/), Loan and Security Agreement (Laclede Steel Co /De/)

Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Section SixArticle 8, the obligation of the Letter of Credit Issuer Agent to cause to be issued any Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably satisfactory to the Agent: (i) The the Borrowers shall have delivered to the Letter of Credit Issuer, at such times and in such manner as such the Letter of Credit Issuer may prescribe, an application in form and substance satisfactory to the Letter of Credit Issuer and reasonably satisfactory to the Agent for the issuance of the Letter of Credit and such other documents as may be reasonably required pursuant to the terms thereof, and the form form, terms, and terms purpose of the proposed Letter of Credit shall be satisfactory to the Agent and the Letter of Credit IssuerIssuer (provided that in the event any term of such application or any other document is inconsistent with the terms of this Agreement and the Letter of Credit Issuer is either the same Person as the Agent or any Lender, then the terms of this Agreement shall be controlling); and (ii) As as of the date of issuance, no order of any court, arbitrator arbitrator, or Governmental Authority shall purport by its terms to enjoin or restrain money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no law, rule rule, or regulation applicable to money center banks generally and no request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over money center banks generally shall prohibit, or request that the proposed Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such proposed Letters of Credit.

Appears in 2 contracts

Sources: Credit Agreement (Imperial Sugar Co /New/), Credit Agreement (Imperial Sugar Co /New/)

Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Section SixARTICLE 10, the obligation of the Letter of Credit Issuer Agent to issue or to cause to be issued any Letter of Credit or to provide Credit Support is subject to the following conditions precedent having been satisfied in a manner satisfactory to the Agent: (i) The Borrowers shall have delivered to the Letter of Credit Issuer, at such times and in such manner as such the Letter of Credit Issuer may prescribe, an application in form and substance satisfactory to the Letter of Credit Issuer and satisfactory to the Agent for the issuance of the Letter of Credit and such other documents as may be reasonably required pursuant to the terms thereof, and the form and terms of the proposed Letter of Credit shall be satisfactory to the Agent and the Letter of Credit IssuerIssuer (PROVIDED that in the event any term of such application or any other document is inconsistent with the terms of this Agreement and the Letter of Credit Issuer and the Agent are the same Person, then the terms of this Agreement shall be controlling); and (ii) As of the date of issuance, no order of any court, arbitrator arbitrator, or Governmental Authority shall purport by its terms to enjoin or restrain money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no law, rule rule, or regulation applicable to money center banks generally and no request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over money center banks generally shall prohibit, or request that the Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such Letters proposed Letter of Credit.

Appears in 2 contracts

Sources: Post Petition Loan Agreement (Metals Usa Inc), Loan and Security Agreement (Metals Usa Inc)

Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Section SixArticle 10, the obligation of the Letter of Credit Issuer Agent to take reasonable steps to cause to be issued any Letter of Credit is subject to the following conditions precedent having been satisfied in a manner satisfactory to the Agent: (i) The Borrowers the Borrower shall have delivered to the proposed issuer of such Letter of Credit IssuerCredit, at such times and in such manner as such Letter of Credit Issuer proposed issuer may prescribe, an application in form and substance satisfactory to the Letter of Credit Issuer such proposed issuer for the issuance of the Letter of Credit and such other documents as may be reasonably required pursuant to the terms thereof, and the form and terms of the proposed Letter of Credit shall be satisfactory to the Agent and Letter of Credit Issuersuch proposed issuer; and (ii) As as of the date of issuance, no order of any court, arbitrator or Governmental Authority shall purport by its terms to enjoin or restrain money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no law, rule or regulation applicable to money center banks generally and no request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over money center banks generally shall prohibit, or request that the proposed issuer of such Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such Letters of Credit.

Appears in 2 contracts

Sources: Loan and Security Agreement (LDM Technologies Co), Loan and Security Agreement (LDM Technologies Inc)

Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Section Six9, the obligation of the Letter of Credit Issuer to cause to be issued issue any Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably satisfactory to the AgentLetter of Credit Issuer: (ia) The Borrowers Borrower Representative shall have delivered to the Letter of Credit Issuer, at such times and in such manner as such Letter of Credit Issuer may prescribeat least three Business Days prior to the proposed date of issuance, an application in customary form and substance and reasonably satisfactory to the Letter of Credit Issuer for the issuance of the Letter of Credit Credit, and such other documents as may be reasonably required pursuant to the terms thereof, ; and the form and terms of the proposed Letter of Credit shall be reasonably satisfactory to the Agent and Letter of Credit Issuer, it being understood that if any provision of any letter of credit application is inconsistent with any provision of this Agreement, then the provisions of this Agreement shall govern to the extent of any such inconsistency; and (iib) As as of the date of issuance, no order of any court, arbitrator or Governmental Authority shall purport by its terms to enjoin or restrain money center banks generally Letter of Credit Issuer from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, ; and no law, rule or regulation applicable to money center banks generally Letter of Credit Issuer and no request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over money center banks generally Letter of Credit Issuer shall prohibit, or request that the Letter of Credit Issuer refrain from, from the issuance of letters of credit generally or the issuance of such Letters of Credit.

Appears in 1 contract

Sources: Loan and Security Agreement (Century Aluminum Co)

Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Section Six11, the obligation of the Letter of Credit Issuer Lender to cause to be issued any Letter of Credit is subject to the following conditions precedent having been satisfied in a manner satisfactory to the AgentLender: (i1) The Borrowers Borrower shall have delivered to the proposed issuer of such Letter of Credit IssuerCredit, at such times and in such manner as such Letter of Credit Issuer proposed issuer may prescribe, an application in form and substance satisfactory to such proposed issuer and the Letter of Credit Issuer Lender for the 22 30 issuance of the Letter of Credit and such other documents as may be reasonably required pursuant to the terms thereof, and the form and terms of the proposed Letter of Credit shall be satisfactory to the Agent Lender and Letter of Credit Issuersuch proposed issuer; and (ii2) As of the date of issuance, no order of or any court, arbitrator or Governmental Public Authority shall purport by its terms to enjoin or restrain money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no law, rule or regulation applicable to money center banks generally and no request or directive (whether or not having the force of law) from any Governmental Public Authority with jurisdiction over money center banks generally shall prohibit, or request that the proposed issuer of such Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such Letters of Credit.

Appears in 1 contract

Sources: Loan and Security Agreement (Paradyne Corp)

Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Section SixArticle 8, the obligation of the Letter of Credit Issuer to cause issue any Letter of Credit or to be issued provide Credit Support for any Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably satisfactory to the Agent:. (i1) The Borrowers Borrower shall have delivered to the applicable Letter of Credit Issuer, at such times and in such manner as such Letter of Credit Issuer may prescribe, an application for the issuance of a Letter of Credit in form and substance satisfactory to the such Letter of Credit Issuer for and reasonably satisfactory to the issuance of the Letter of Credit Agent and such other documents as may be reasonably required pursuant to the terms thereof, and the form form, terms and terms purpose of the proposed Letter of Credit shall be reasonably satisfactory to the Agent and such Letter of Credit Issuer; and (ii2) As of the date of issuance, no order of any court, arbitrator or Governmental Authority shall purport by its terms to enjoin or restrain money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no law, rule or regulation applicable to money center banks generally and no request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over money center banks generally shall prohibit, or request that the proposed Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such Letters of Credit.

Appears in 1 contract

Sources: Credit Agreement (Saks Inc)

Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Section SixSECTION 11, the obligation of the Letter of Credit Issuer Lender to cause to be issued any Letter of Credit is subject to the following conditions precedent having been satisfied in a manner satisfactory to the Agentor waived by Lender: (i1) The Borrowers Borrower shall have delivered to the proposed issuer of such Letter of Credit IssuerCredit, at such times and in such manner as such Letter of Credit Issuer proposed issuer may prescribe, an application in form and substance satisfactory to such proposed issuer and the Letter of Credit Issuer Lender for the issuance of the Letter of Credit and such other documents as may be reasonably required pursuant to the terms thereof, and the form and terms of the proposed Letter of Credit shall be satisfactory to the Agent Lender and Letter of Credit Issuersuch proposed issuer; and (ii2) As of the date of issuance, no order of any court, arbitrator or Governmental Public Authority shall purport by its terms to enjoin or restrain money center banks generally the issuer of the proposed Letter of Credit from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no law, rule or regulation applicable to money center banks generally and no request or directive (whether or not having the force of law) from any Governmental Public Authority with jurisdiction over money center banks generally shall prohibit, or request that the proposed issuer of such Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such Letters of Credit.

Appears in 1 contract

Sources: Loan and Security Agreement (Strouds Inc)

Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Section SixArticle 10, the obligation of the Letter of Credit Issuer Agent to issue or to cause to be issued any Letter of Credit or to provide Credit Support is subject to the following conditions precedent having been satisfied in a manner satisfactory to the Agent: (i) The Borrowers shall have delivered to the Letter of Credit Issuer, at such times and in such manner as such the Letter of Credit Issuer may prescribe, an application in form and substance satisfactory to the Letter of Credit Issuer and satisfactory to the Agent for the issuance of the Letter of Credit and such other documents as may be reasonably required pursuant to the terms thereof, and the form and terms of the proposed Letter of Credit shall be satisfactory to the Agent and the Letter of Credit IssuerIssuer (provided that in the event any term of such application or any other document is inconsistent with the terms of this Agreement and the Letter of Credit Issuer and the Agent are the same Person, then the terms of this Agreement shall be controlling); and (ii) As of the date of issuance, no order of any court, arbitrator arbitrator, or Governmental Authority shall purport by its terms to enjoin or restrain money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no law, rule rule, or regulation applicable to money center banks generally and no request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over money center banks generally shall prohibit, or request that the Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such Letters proposed Letter of Credit.

Appears in 1 contract

Sources: Loan and Security Agreement (Metals Usa Inc)

Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Section Six, the The obligation of the Letter of Credit L/C Issuer to cause to be issued issue any Letter of Credit is subject to the following conditions precedent having been satisfied in a manner satisfactory to the AgentAgent and the L/C Issuer: (i1) The Borrowers satisfaction of the applicable conditions precedent contained in Article 10; (2) The Borrower shall have delivered to the Letter of Credit L/C Issuer, at such times and in such manner as such Letter of Credit the L/C Issuer may prescribe, an application in form and substance satisfactory to the Letter of Credit L/C Issuer and the Agent for the issuance of the Letter of Credit and such other documents as may be reasonably required pursuant to the terms thereof, thereof (including reimbursement documentation) and the form and terms of the proposed Letter of Credit and such other documentation shall be satisfactory to the Agent and Letter of Credit the L/C Issuer; and (ii3) As of the date of issuance, no order of any court, arbitrator or Governmental Authority shall purport by its terms to enjoin or restrain money center banks generally the L/C Issuer from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no law, rule or regulation applicable to money center banks generally the L/C Issuer and no request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over money center banks generally the L/C Issuer shall prohibit, or request that the Letter of Credit L/C Issuer refrain from, the issuance of letters of credit generally or the issuance of such Letters of Credit. In the event of any conflict between the terms and provisions of this Agreement and any other agreement relating to the issuance of Letters of Credit, the terms and provisions of this Agreement shall control.

Appears in 1 contract

Sources: Loan and Security Agreement (Consolidated Freightways Corp)

Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Section SixArticle 5, the obligation of the Letter of Credit Issuer Revolving Agent to cause the Issuing Lender to be issued issue any Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably satisfactory to the Revolving Agent: (i) The the Borrowers shall have delivered to the Letter of Credit IssuerIssuing Lender, at such times and in such manner as such Letter of Credit Issuer the Issuing Lender may prescribe, an application in form and substance satisfactory to the Letter of Credit Issuer Issuing Lender and reasonably satisfactory to the Revolving Agent for the issuance of the Letter of Credit and such other documents as may be reasonably required pursuant to the terms thereof, and the form form, terms, and terms purpose of the proposed Letter of Credit shall be satisfactory to the Revolving Agent and Letter the Issuing Lender (provided that in the event any term of Credit Issuersuch application or any other document is inconsistent with the terms of this Agreement the terms of this Agreement shall be controlling); and (ii) As as of the date of issuance, no order of any court, arbitrator arbitrator, or Governmental Authority shall purport by its terms to enjoin or restrain money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no law, rule rule, or regulation applicable to money center banks generally and no request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over money center banks generally shall prohibit, or request that the Letter of Credit Issuer Issuing Lender refrain from, the issuance of letters of credit generally or the issuance of such proposed Letters of Credit.

Appears in 1 contract

Sources: Credit Agreement (Friedmans Inc)