Common use of Applicability of ISP98 and UCP Clause in Contracts

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by an L/C Issuer and the Borrower, when a Letter of Credit is issued (i) the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance, as the case may be, the “ISP”) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce (the “ICC”) at the time of issuance (including, if in effect at each relevant time, the ICC decision published by the Commission on Banking Technique and Practice on April 6, 1998 regarding the European single currency (euro)) shall apply to each commercial Letter of Credit.

Appears in 4 contracts

Samples: Revolving Credit Agreement (Eog Resources Inc), Revolving Credit Agreement (Eog Resources Inc), Revolving Credit Agreement (Eog Resources Inc)

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Applicability of ISP98 and UCP. Unless otherwise expressly agreed by an the L/C Issuer and the Borrower, Borrower when a Letter of Credit is issued (or deemed issued), (i) the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance, as the case may be, the “ISP”) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce (the “ICC”) at the time of issuance (including, if in effect at each relevant time, or deemed issuance) (including the ICC decision published by the Commission on Banking Technique and Practice on April 6, 1998 regarding the European single currency (euroEuro)) shall apply to each commercial Letter of Credit.

Appears in 3 contracts

Samples: Assignment and Assumption (Timken Co), Credit Agreement (Timken Co), Credit Agreement (Timken Co)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by an L/C Issuer the applicable Issuing Bank and the Borrower, Borrower when a Letter of Credit is issued issued, (i) the rules of the International Standby Practices 1998, ICC Publication No. 590, published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance, as the case may be, the “ISP”) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce (the “ICC”) at the time of issuance (including, if in effect at each relevant time, including the ICC decision published by the Commission on Banking Technique and Practice on April 6, 1998 regarding the European single currency (euro)) shall apply to each commercial Letter of Credit.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (Dana Inc), Credit and Guaranty Agreement (Dana Inc), And Guaranty Agreement (Dana Holding Corp)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by an L/C Issuer the Lender and the Borrower, Borrower when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit) (i) the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance, as the case may be, the “ISP”) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce (the “ICC”) at the time of issuance (including, if in effect at each relevant time, including the ICC decision published by the Commission on Banking Technique and Practice on April 6, 1998 regarding the European single currency (euro)) shall apply to each commercial Letter of Credit.

Appears in 3 contracts

Samples: Reimbursement Agreement (Irobot Corp), Reimbursement Agreement (Irobot Corp), Reimbursement Agreement (Irobot Corp)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by an L/C Issuer the Issuing Lender and the Borrower, Borrower when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the "International Standby Practices 1998" published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance, as the case may be, the “ISP”) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce (the "ICC") at the time of issuance (including, if in effect at each relevant time, including the ICC decision published by the Commission on Banking Technique and Practice on April 6, 1998 regarding the European single currency (euro)) shall apply to each commercial Letter of Credit.

Appears in 3 contracts

Samples: Credit Agreement (Tractor Supply Co /De/), Credit Agreement (Perkinelmer Inc), Perkinelmer Inc

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by an the 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 the "International Standby Practices 1998" published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance, as the case may be, the “ISP”) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce (the "ICC") at the time of issuance (including, if in effect at each relevant time, including the ICC decision published by the Commission on Banking Technique and Practice on April 6, 1998 regarding the European single currency (euro)) shall apply to each commercial Letter of Credit.

Appears in 2 contracts

Samples: Credit Agreement (Abm Industries Inc /De/), Credit Agreement (Abm Industries Inc /De/)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by an L/C Issuer the applicable Issuing Bank and the Borrower, Applicable Borrower when a Letter of Credit is issued issued, (i) the rules of the International Standby Practices 1998, ICC Publication No. 590, published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance, as the case may be, the “ISP”) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce (the “ICC”) at the time of issuance (including, if in effect at each relevant time, including the ICC decision published by the Commission on Banking Technique and Practice on April 6, 1998 regarding the European single currency (euro)) shall apply to each commercial Letter of Credit.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Dana Inc), Credit and Guaranty Agreement (Dana Inc)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by an the L/C Issuer and the Borrower, Borrowers when a Letter of Credit is issued issued, (i) the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance, as the case may be, the “ISP”) shall apply to each standby Standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary CreditsCredits (the “UCP”), as most recently published by the International Chamber of Commerce (the “ICC”) at the time of issuance (including, if in effect at each relevant time, including the ICC decision published by the Commission on Banking Technique and Practice on April 6, 1998 regarding the European single currency (euro)) shall apply to each commercial Commercial Letter of Credit.

Appears in 2 contracts

Samples: Credit Agreement (Sands Regent), Credit Agreement (Sands Regent)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by an L/C Issuer the Issuing Bank and the Borrower, Company when a Letter of Credit is issued (iincluding any such agreement applicable to Existing Letters of Credit), (a) the rules of the "International Standby Practices 1998" published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance, as the case may be, the “ISP”) shall apply to each standby Letter of Credit, and (iib) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce (the "ICC") at the time of issuance (including, if in effect at each relevant time, including the ICC decision published by the Commission on Banking Technique and Practice on April 6, 1998 regarding the European single currency (euro)) shall apply to each commercial Letter of Credit.

Appears in 2 contracts

Samples: Credit Agreement (Giant Industries Inc), Credit Agreement (Giant Industries Inc)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by an L/C Issuer Agent and the Borrower, Borrower when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the "International Standby Practices 1998" published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance, as the case may be, the “ISP”) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce (the "ICC") at the time of issuance (including, if in effect at each relevant time, including the ICC decision published by the Commission on Banking Technique and Practice on April 6, 1998 regarding the European single currency (euro)) shall apply to each commercial Letter of Credit.

Appears in 2 contracts

Samples: Assignment and Assumption Agreement (Ashworth Inc), Assignment and Assumption Agreement (Ashworth Inc)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by an L/C Issuer Agent and the Borrower, Borrower when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance, as the case may be, the “ISP”) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce (the “ICC”) at the time of issuance (including, if in effect at each relevant time, including the ICC decision published by the Commission on Banking Technique and Practice on April 6, 1998 regarding the European single currency (euro)) shall apply to each commercial Letter of Credit.

Appears in 2 contracts

Samples: Credit Agreement (Gulfport Energy Corp), Credit Agreement (Planar Systems Inc)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by an L/C Issuer and the Borrower, Borrower when a Letter of Credit is issued issued, (i) the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance, as the case may be, ) (the “ISP”) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce (the “ICC”) at the time of issuance (including, if in effect at each relevant time, including the ICC decision published by the Commission on Banking Technique and Practice on April 6, 1998 regarding the European single currency (euro)) shall apply to each commercial Letter of Credit.

Appears in 2 contracts

Samples: Credit Agreement (Micros Systems Inc), Credit Agreement (Micros Systems Inc)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by an L/C Issuer the Lender and the Borrower, Borrower when a Letter of Credit is issued issued, (i) the rules (exclusive of Rule 3.14 thereof) of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance, as the case may be, the “ISP”) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce (the “ICC”) at the time of issuance (including, if in effect at each relevant time, including the ICC decision published by the Commission on Banking Technique and Practice on April 6, 1998 regarding the European single currency (euro)) shall apply to each commercial Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Microsemi Corp)

Applicability of ISP98 and UCP. Unless otherwise expressly ------------------------------ agreed by an L/C Issuer the Issuing Bank and the Borrower, Borrower when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the "International Standby Practices 1998" published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance, as the case may be, the “ISP”) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce (the "ICC") at the time of issuance (including, if in effect at each relevant time, including the ICC decision --- published by the Commission on Banking Technique and Practice on April 6, 1998 regarding the European single currency (euro)) shall apply to each commercial Letter of Credit.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Cousins Properties Inc)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by an the L/C Issuer and the Borrower, a Borrower when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance, as the case may be, the “ISP”) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce (the “ICC”) at the time of issuance (including, if in effect at each relevant time, including the ICC decision published by the Commission on Banking Technique and Practice on April 6, 1998 regarding the European single currency (euro)) shall apply to each commercial Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Municipal Mortgage & Equity LLC)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by an L/C Issuer the Lender and the Borrower, Borrower when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance, as the case may be, the “ISP”) shall apply to each standby Standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce (the “ICC”) at the time of issuance (including, if in effect at each relevant time, including the ICC decision published by the Commission on Banking Technique and Practice on April 6, 1998 regarding the European single currency (euro)) shall apply to each commercial Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Gymboree Corp)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by an a Sterling L/C Issuer and the UK Borrower, when a Sterling Letter of Credit is issued (i) the rules of the "International Standby Practices 1998" published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance, as the case may be, the “ISP”) shall apply to each standby Sterling Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce (the "ICC") at the time of issuance (including, if in effect at each relevant time, including the ICC decision published by the Commission on Banking Technique and Practice on April 6, 1998 regarding the European single currency (euro)) shall apply to each commercial Sterling Letter of Credit.

Appears in 1 contract

Samples: Revolving Credit Agreement (Eog Resources Inc)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by an L/C Issuer the Issuing Bank and the Borrower, Borrowers when a Letter of Credit is issued (including any such agreement applicable to the Existing Letters of Credit), (i) the rules of the "International Standby Practices 1998" published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance, as the case may be, the “ISP”) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce (the "ICC") at the time of issuance (including, if in effect at each relevant time, including the ICC decision published by the Commission on Banking Technique and Practice on April 6, 1998 regarding the European single currency (euro)) shall apply to each commercial Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Amerigas Finance Corp)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by an the 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 the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance, as the case may be, the “ISP”) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce (the “ICC”) at the time of issuance (including, if in effect at each relevant time, including the ICC decision published by the Commission on Banking Technique and Practice on April 6, 1998 regarding the European single currency (euro)) shall apply to each commercial Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Argosy Gaming Co)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by an L/C Issuer the Bank and the Borrower, Borrower when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the "International Standby Practices 1998" published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance, as the case may be, the “ISP”) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce (the "ICC") at the time of issuance (including, if in effect at each relevant time, including the ICC decision published by the Commission on Banking Technique and Practice on April 6, 1998 regarding the European single currency (euro)) shall apply to each commercial Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Select Comfort Corp)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by an L/C Issuer the Issuing Bank and the Borrower, US Borrower when a Letter of Credit is issued (including any agreement applicable to an existing Letter of Credit), (i) the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & and Practice (or such later version thereof as may be in effect at the time of issuance, as the case may be, the “ISP”Issuance) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce (the “ICC”) at the time of issuance Issuance (including, if in effect at each relevant time, including the ICC decision published by the Commission on Banking Technique and Practice on April 6, 1998 regarding the European single currency (euro)) shall apply to each commercial Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Zemex Corp)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by an a L/C Issuer and the Borrower, Borrower when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the "International Standby Practices 1998" published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance, as the case may be, the “ISP”) shall apply to each standby Standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce (the "ICC") at the time of issuance (including, if in effect at each relevant time, including the ICC decision published by the Commission on Banking Technique and Practice on April 6, 1998 regarding the European single currency (euro)) shall apply to each commercial Commercial Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Cash America International Inc)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by an L/C Issuer and the Borrower, when a Letter of Credit is issued by such L/C Issuer, (i) the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance, as the case may be, the “ISP”) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce (the “ICC”) at the time of issuance (including, if in effect at each relevant time, including the ICC decision published by the Commission on Banking Technique and Practice on April 6, 1998 regarding the European single currency (euro)) shall apply to each commercial Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Bj Services Co)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by an L/C Issuer the applicable Issuing Lender 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 the "International Standby Practices 1998" published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance, as the case may be, the “ISP”) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce (the "ICC") at the time of issuance (including, if in effect at each relevant time, including the ICC decision published by the Commission on Banking Technique and Practice on April 6, 1998 regarding the European single currency (euro)) shall apply to each commercial Letter of Credit.

Appears in 1 contract

Samples: Long Term Credit Agreement (Republic Services Inc)

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Applicability of ISP98 and UCP. Unless otherwise expressly agreed by an L/C Issuer the Issuing Bank and the Borrower, Borrower when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the "International Standby Practices 1998" published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance, as the case may be, the “ISP”) shall apply to each standby Standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce (the "ICC") at the time of issuance (including, if in effect at each relevant time, including the ICC decision published by the Commission on Banking Technique and Practice on April 6, 1998 regarding the European single currency (euro)) shall apply to each commercial Trade Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Levi Strauss & Co)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by an L/C Issuer the Issuing Lender and the Borrower, Company when a Letter of Credit is issued (including any such agreement applicable to any Existing Letter of Credit), (i) the rules of the "International Standby Practices 1998" published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance, as the case may be, the “ISP”) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce (the "ICC") at the time of issuance (including, if in effect at each relevant time, including the ICC decision published by the Commission on Banking Technique and Practice on April 6, 1998 regarding the European single currency (euro)currency) shall apply to each commercial Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Rayovac Corp)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by an the L/C Issuer and the Borrower, Holdings when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance, as the case may be, the “ISP”) shall apply to each standby Standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary CreditsCredits (the “UCP”), as most recently published by the International Chamber of Commerce (the “ICC”) at the time of issuance (including, if in effect at each relevant time, including the ICC decision published by the Commission on Banking Technique and Practice on April 6, 1998 regarding the European single currency (euro)) shall apply to each commercial Commercial Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Building Materials Holding Corp)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed stated by an L/C Issuer and the BorrowerIssuing Lender, when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the "International Standby Practices 1998" published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance, as the case may be, the “ISP”) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce (the "ICC") at the time of issuance (including, if in effect at each relevant time, including the ICC decision published by the Commission on Banking Technique and Practice on April 6, 1998 regarding the European single Single currency (euro)) shall apply to each commercial Letter of Credit.

Appears in 1 contract

Samples: Revolving Credit Agreement (Pan Pacific Retail Properties Inc)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by an L/C Issuer the Lender and the Borrower, Borrower when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit) (i) the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance, as the case may be, the “ISP”) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce (the “ICC”) at the time of issuance (including, if in effect at each relevant time, including the ICC decision published by the Commission on Banking Technique and Practice on April 6, 1998 regarding the European single currency (euro)) shall apply to each commercial Letter of Credit.. (h)

Appears in 1 contract

Samples: Reimbursement Agreement (Irobot Corp)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by an L/C Issuer the Lender and the Borrower, applicable Borrower when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the "International Standby Practices 1998" published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance, as the case may be, the “ISP”) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce (the "ICC") at the time of issuance (including, if in effect at each relevant time, including the ICC decision published by the Commission on Banking Technique and Practice on April 6, 1998 regarding the European single currency (euro)) shall apply to each commercial Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Manugistics Group Inc)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by an the L/C Issuer and the Borrower, Borrowers when a Letter of Credit is issued (including any such agreement applicable to the Existing Letter of Credit), (i) the rules of the "International Standby Practices 1998" published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance, as the case may be, the “ISP”) shall apply to each standby Letter of Credit, Credit and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce (the "ICC") at the time of issuance (including, if in effect at each relevant time, including the ICC decision published by the Commission on Banking Technique and Practice on April 6, 1998 regarding the European single currency (euro)) ), shall apply to each commercial Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Mondavi Robert Corp)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by an each L/C Issuer and the Borrower, Borrower when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the "International Standby Practices 1998" published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance, as the case may be, the “ISP”) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce (the "ICC") at the time of issuance (including, if in effect at each relevant time, including the ICC decision published by the Commission on Banking Technique and Practice on April 6, 1998 regarding the European single currency (euro)) shall apply to each commercial Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Autozone Inc)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by an the L/C Issuer and the Borrower, Borrower when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the “International Standby Practices 1998” ISP published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance, as the case may be, the “ISP”) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce (the “ICC”) at the time of issuance (including, if in effect at each relevant time, including the ICC decision published by the Commission on Banking Technique and Practice on April 6, 1998 regarding the European single currency (euro)) shall apply to each commercial Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Western Gas Resources Inc)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by an L/C Issuer the Issuing Lender and Borrower or the Borrower, relevant Co-Borrower when a Letter of Credit is issued issued, (i) the rules of the "International Standby Practices 1998" published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance, as the case may be, the “ISP”) shall apply to each standby Standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce (the "ICC") at the time of issuance (including, if in effect at each relevant time, including the ICC decision published by the Commission on Banking Technique and Practice on April 6, 1998 regarding the European single currency (euro)) shall apply to each commercial Commercial Letter of Credit.

Appears in 1 contract

Samples: Loan Agreement (MGM Mirage)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by an L/C LC Issuer and the BorrowerBorrower when an LC Credit Extension is made (including any such agreement applicable to an Existing LC), when a Letter of Credit is issued (i) the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance, as the case may be, the “ISP”) shall apply to each standby Letter of CreditLC, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce (the “ICC”) at the time of issuance (including, if in effect at each relevant time, including the ICC decision published by the Commission on Banking Technique and Practice on April 6, 1998 1998, regarding the European single currency (euro)) shall apply to each commercial Letter of Creditdocumentary LC.

Appears in 1 contract

Samples: Assignment and Assumption (Gulf Island Fabrication Inc)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by an L/C Issuer the Issuing Bank and the Borrower, relevant Borrower when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the "International Standby Practices 1998" published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance, as the case may be, the “ISP”) shall apply to each standby Standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce (the "ICC") at the time of issuance (including, if in effect at each relevant time, including the ICC decision published by the Commission on Banking Technique and Practice on April 6, 1998 regarding the European single currency (euro)) ), shall apply to each commercial Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Alpharma Inc)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by an the L/C Issuer and the Borrower, Borrower when a Reallocated Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the "International Standby Practices 1998" published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance, as the case may be, the “ISP”) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce (the “ICC”) ICC at the time of issuance (including, if in effect at each relevant time, including the ICC decision published by the Commission on Banking Technique and Practice on April 6, 1998 regarding the European single currency (euro)) shall apply to each commercial Letter of Credit, and to the extent not inconsistent with the above referred rules, the laws of the State of New York.

Appears in 1 contract

Samples: Credit Agreement (Dynegy Inc /Il/)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by an the 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 the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance, as the case may be, the “ISP”) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce (the “ICC”) at the time of issuance (including, if in effect at each relevant time, including the ICC decision published by the Commission on Banking Technique and Practice on April 6, 1998 regarding the European single currency (euro)) shall apply to each commercial Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Andrew Corp)

Applicability of ISP98 and UCP. Unless otherwise expressly agreed by an the L/C Issuer and the Borrower, Borrower when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the "International Standby Practices 1998" published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance, as the case may be, the “ISP”) shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce (the “ICC”"a") at the time of issuance (including, if in effect at each relevant time, including the ICC decision published by the Commission on Banking Technique and Practice on April 6, 1998 regarding the European single currency (euro)) shall apply to each commercial Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Fti Consulting Inc)

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