Common use of Applicability of ISP and UCP Clause in Contracts

Applicability of ISP and UCP. Unless otherwise expressly agreed by the applicable Issuing Bank and the Borrower when a Letter of Credit is issued or when it is amended with the consent of the beneficiary thereof, (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each commercial Letter of Credit. Notwithstanding the foregoing, the applicable Issuing Bank shall not be responsible to the Borrower for, and the applicable Issuing Bank’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of the applicable 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 applicable law or any order of any Governmental Authority in a jurisdiction where the applicable Issuing Bank or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade (BAFT), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice. (o)

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

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

Applicability of ISP and UCP. Unless otherwise expressly agreed by the applicable Issuing Bank L/C Issuer and the Borrower when a Letter of Credit is issued or when by it is amended with the consent (including any such agreement applicable to an Existing Letter of the beneficiary thereofCredit), (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each commercial Letter of Credit. Notwithstanding the foregoing, the applicable Issuing Bank L/C Issuer shall not be responsible to the Borrower for, and the applicable Issuing BankL/C Issuer’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of the applicable Issuing Bank L/C Issuer 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 applicable law Law or any order of any Governmental Authority in a jurisdiction where the applicable Issuing Bank L/C Issuer or the beneficiary is located, the practice stated in the ISP or the UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade – International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice. (o).

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

Applicability of ISP and UCP. Unless otherwise expressly agreed by the applicable Issuing Bank and the Borrower when a Letter of Credit is issued or when it is amended with the consent of the beneficiary thereof, (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each commercial Letter of Credit. Notwithstanding the foregoing, the applicable Issuing Bank shall not be responsible to the Borrower for, and the applicable Issuing Bank’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of the applicable 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 applicable law or any order of any Governmental Authority in a jurisdiction where the applicable Issuing Bank or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade (BAFT), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice. (o)Section 2.06

Applicability of ISP and UCP. Unless otherwise expressly agreed by the applicable Issuing Bank Lender and the Borrower when a Letter of Credit is issued or when it is amended with the consent (including any such agreement applicable to an Existing Letter of the beneficiary thereofCredit), (ia) the rules of the ISP shall apply to each standby Letter of Credit, and (iib) the rules of the UCP shall apply to each commercial Letter of Credit. Notwithstanding the foregoing, the applicable Issuing Bank Lender shall not be responsible to the Borrower for, and the applicable Issuing BankLender’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of the applicable 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 applicable Lawapplicable law or any order of any Governmental Authority in a jurisdiction where the applicable Issuing Bank Lender or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice. (o).

Applicability of ISP and UCP. Unless otherwise expressly agreed by the applicable Issuing Bank Lender and the Borrower when a Letter of Credit is issued or when it is amended with the consent (including any such agreement applicable to an Existing Letter of the beneficiary thereofCredit), (ia) the rules of the ISP shall apply to each standby Letter of Credit, and (iib) the rules of the UCP shall apply to each commercial Letter of Credit. Notwithstanding the foregoing, the applicable Issuing Bank Lender shall not be responsible to the Borrower for, and the applicable Issuing BankLender’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of the applicable 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 applicable law Law or any order of any Governmental Authority in a jurisdiction where the applicable Issuing Bank Lender or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice. (o).

Applicability of ISP and UCP. Unless otherwise expressly agreed by the applicable Issuing Bank Lender and the Borrower Company when a Letter of Credit is issued or when it is amended with the consent (including any such agreement applicable to an Existing Letter of the beneficiary thereofCredit), (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each commercial Letter of Credit. Notwithstanding the foregoing, the applicable Issuing Bank Lender shall not be responsible to the Borrower Borrowers for, and the applicable Issuing BankLender’s rights and remedies against the Borrower Borrowers shall not be impaired by, any action or inaction of the applicable Issuing Bank Lender required or permitted under any lawLaw, order order, or practice that is required or permitted to be applied to any Letter of Credit Credit, Bankers’ Acceptance or this Agreement, including the applicable law Law or any order of any Governmental Authority in a jurisdiction where the applicable Issuing Bank Lender or the beneficiary is located, the practice stated in the ISP or of 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. (o)International

Applicability of ISP and UCP. Unless otherwise expressly agreed by the applicable Issuing Bank and the Borrower when a Letter of Credit is issued or when it is amended with the consent of the beneficiary thereof, (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each commercial Letter of Credit. Notwithstanding the foregoing, the applicable Issuing Bank shall not be responsible to the Borrower for, and the applicable Issuing Bank’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of the applicable 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 applicable law or any order of any Governmental Authority in a jurisdiction where the applicable Issuing Bank or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade (BAFT), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice. (o)-83- [EMEA_ACTIVE 302040156_13]

Applicability of ISP and UCP. Unless otherwise expressly agreed by the applicable Issuing Bank Lender and the Borrower Company when a Letter of Credit is issued or when it is amended with the consent (including any such agreement applicable to an Existing Letter of the beneficiary thereofCredit), (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each commercial Letter of Credit. Notwithstanding the foregoing, the applicable Issuing Bank Lender shall not be responsible to the Borrower Borrowers for, and the applicable Issuing BankLender’s rights and remedies against the Borrower Borrowers shall not be impaired by, any action or inaction of the applicable Issuing Bank Lender required or permitted under any lawLaw, order order, or practice that is required or permitted to be applied to any Letter of Credit Credit, Bankers’ Acceptance or this Agreement, including the applicable law Law or any order of any Governmental Authority in a jurisdiction where the applicable Issuing Bank Lender or the beneficiary is located, the practice stated in the ISP or of UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade – International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit or Bankers’ Acceptance chooses such law or practice. (o)ARTICLE IV.

Applicability of ISP and UCP. Unless otherwise expressly agreed by the applicable Issuing Bank Lender and the Borrower when a Letter of Credit is issued or when it is amended with the consent (including any such agreement applicable to an existing Letter of the beneficiary thereofCredit), (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the UCP shall apply to each commercial Letter of Credit. Notwithstanding the foregoing, the applicable Issuing Bank Lender shall not be responsible to the Borrower for, and the applicable Issuing BankLender’s rights and remedies against the Borrower shall not be impaired by, any action or inaction of the applicable 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 applicable law Requirement of Law or any order of any Governmental Authority in a jurisdiction where the applicable Issuing Bank Lender or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade – International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice. (o).

Applicability of ISP and UCP. Unless otherwise expressly agreed by the applicable Issuing Bank and the applicable Borrower when a Letter of Credit is issued or when it is amended with the consent (including any such agreement applicable to an Existing Letter of the beneficiary thereofCredit), (i) the rules of the ISP shall apply to each standby Letter of Credit, Credit and (ii) the rules of the UCP shall apply to each commercial Letter of Credit. Notwithstanding the foregoing, the applicable Issuing Bank shall not be responsible to the any Borrower for, and the applicable Issuing Bank’s rights and remedies against the Borrower Borrowers or the other Loan Parties shall not be impaired by, any action or inaction of the applicable Issuing Bank required or permitted under any law, order order, or practice that is required or permitted to be applied to any Letter of Credit or this Agreement, including the applicable any law or any order of any Governmental Authority in a jurisdiction where the applicable Issuing Bank or the beneficiary is located, the practice stated in the ISP or the UCP, as applicable, or in the decisions, opinions, practice statements statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and Trade - International Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice. (o).