Applications/Instructions Clause Samples
The Applications/Instructions clause outlines the procedures and requirements for submitting applications or providing instructions within the context of an agreement. It typically specifies the format, method, and timing for delivering such documents or directives, and may detail who is authorized to submit or receive them. By establishing clear guidelines for communication and documentation, this clause helps prevent misunderstandings and ensures that all parties follow consistent processes.
Applications/Instructions. The request to issue a Credit (an “Application”) shall be irrevocable and in such form as Bank shall from time to time require or agree to accept (including any type of electronic form or means of communication). Inquiries, communications and instructions (whether oral, telephonic, written, telegraphic, facsimile, electronic or other) regarding a Credit, each Application and this Agreement are each referred to herein as “Instructions” (and the term “Application” is subsumed within the term “Instruction”). Bank’s records of the content of any Instruction shall be conclusive. Applicant shall be responsible for the final text of a Credit notwithstanding Bank’s recommendation, assistance or drafting or Bank’s use, non-use or refusal to use text submitted by Applicant. Bank may transmit a Credit and any amendment thereto by S.W.I.F.T. message and thereby bind Applicant directly and as indemnitor to the S.W.I.F.T. rules, including rules obligating Applicant or Bank to pay charges.
Applications/Instructions. Each Application shall be irrevocable and in such form as Bank shall from time to time require (including any type of electronic form or means of communication); provided that the form of application set forth as Exhibit A and Exhibit B, as applicable, shall be acceptable to Bank. Bank’s records of the content of any Instruction shall be conclusive absent manifest error. Applicant’s ultimate responsibility for the final text of each Credit shall not be affected by any assistance Bank may provide, such as by drafting or recommending text.
Applications/Instructions. Each Application shall be irrevocable and in such form as Bank shall from time to time require or agree to accept (including any type of electronic form or means of communication). Bank’s records of the content of any Instruction shall be conclusive absent manifest error. Bank may transmit a Credit and any amendment thereto by S.W.I.F.T. message and thereby bind Applicant directly and as indemnitor to the S.W.I.F.T. rules, including rules obligating Applicant or Bank to pay charges. Terms regarding LOI’s are set forth on Annex I.
Applications/Instructions. The request to issue or amend a Credit (including any Application for Standby Letter of Credit on which Applicant applied for a letter of credit under the Prior Standby Letter of Credit Agreement, an “Application”) shall be irrevocable and in such form as Bank shall from time to time require or agree to accept (including without limitation any type of electronic form or means of communication and through Bank’s proprietary online system). Inquiries, communications and instructions (whether written, facsimile or in other electronic form approved by Bank) regarding a Credit, each Application and this Agreement are each referred to herein as “Instructions”. Bank’s records of the content of any Instruction will be conclusive.
Applications/Instructions. The request to issue or amend a Credit (an “Application”) shall be irrevocable and in such form as Bank shall from time to time require or agree to accept (including any type of electronic form or means of communication). Inquiries, communications and instructions (whether written, facsimile or in other electronic form approved by Bank) regarding a Credit, each Application and this Agreement are each referred to herein as “Instructions”. Bank’s records of the content of any Instruction will be conclusive.
Applications/Instructions. The request to issue or amend a Credit (including any Application for Standby Letter of Credit on which Applicant applied for a letter of credit under the Existing Standby Letter of Credit Agreement, an “Application”) shall be irrevocable and in such form as Bank shall from time to time require or agree to accept (including any type of electronic form or means of communication). Inquiries, communications and instructions (whether written, facsimile or in other electronic form approved by Bank) regarding a Credit, each Application and this Agreement are each referred to herein as “Instructions”. Bank’s records of the content of any Instruction will be conclusive. Applicant expressly agrees that the terms and conditions in this Agreement shall apply to each Application (including any Application for Standby Letter of Credit on which Applicant applied for a letter of credit under the Existing Standby Letter of Credit Agreement) and the Credit issued pursuant to each Application, and to transactions under each Application, each Credit and this Agreement.
Applications/Instructions. (a) Each application, reimbursement agreement or other agreement executed by the undersigned (whether prior to its filing of a case under Chapter 11 of the Federal Bankruptcy Code or as debtor or debtor in possession in a case pending under Chapter 11 of the Federal Bankruptcy Code) pursuant to which Applicant requested the issuance of, or Bank issued, any Existing Letter of Credit and each request to issue a Replacement Letter of Credit delivered to Bank after the date hereof (each being hereinafter referred to as an “Application”) shall be irrevocable and in such form as Bank shall from time to time require or agree to accept (including any type of electronic form or means of communication). Inquiries, communications and instructions (whether oral, telephonic, written, telegraphic, facsimile, electronic or other) regarding a Credit, each Application and this Agreement are each referred to herein as “Instructions” (and the term "Application" is subsumed within the term "Instruction"). Bank’s records of the content of any Instruction shall be conclusive absent manifest error. Applicant shall be responsible for the final text of a Credit notwithstanding Bank’s recommendation, assistance or drafting or Bank’s use, non-use or refusal to use text submitted by Applicant. Bank may transmit a Credit and any amendment thereto by S.W.I.F.T. message and thereby bind Applicant directly and as indemnitor to the S.W.I.F.T. rules, including rules obligating Applicant or Bank to pay charges.
(b) Each Existing Letter of Credit is a Letter of Credit under and defined in, and shall continued to be governed in all respects by, the Amended and Restated Revolving Credit, Term Loan and Guaranty Agreement, dated as of May 9, 2008, among the Applicant, the subsidiaries of the Applicant party thereto, the lenders party thereto and JPMorgan Chase Bank, N.A. (the “Administrative Agent”) as administrative agent for the lenders, as modified by the Accommodation Agreement (the “Accommodation Agreement”) dated as of December 12, 2008 (as such credit agreement may be amended, modified or supplemented from time to time, the “Credit Agreement”). Notwithstanding anything in this Agreement to the contrary, the provisions of this Agreement shall not apply to any Existing Letter of Credit so long as the provisions relating to Letters of Credit contained in the Credit Agreement and the Security and Pledge Agreement (as defined in the Credit Agreement) remain in full force and effect with respec...
Applications/Instructions. Each Application shall be irrevocable once the relevant Credit is issued, amended, extended, modified or renewed per the relevant Application and shall be in such form as Bank shall from time to time require or agree to accept (including any type of electronic form or means of communication). Bank’s records of the content of any Instruction shall be conclusive absent manifest error. Bank may transmit a Credit and any amendment thereto by S.W.I.F.T. message and thereby bind Applicant directly and as indemnitor to the S.W.I.F.T. rules, including rules obligating Applicant or Bank to pay charges. Terms regarding LOI’s are set forth on Annex I.
Applications/Instructions. The request to issue the Credit contained in Part I above and each inquiry, communication and instruction (whether oral, telephonic, written, telegraphic, facsimile, electronic or other) regarding this Application & Agreement for Standby Letters of Credit (this "AGREEMENT") or the Credit are referred to herein as an "INSTRUCTION." Issuer's records of the content of any Instruction shall be conclusive. Applicant shall be responsible for the final text of the Credit notwithstanding Issuer's recommendation or drafting of text or Issuer's use, non-use or refusal to use text submitted by Applicant. Issuer may transmit the Credit and any amendment thereto by S.W.I.F.T. message and thereby bind Applicant directly and as indemnitor to the S.W.I.FT. rules, including rules obligating Applicant or Issuer to pay charges. "S.W.I.F.T." means the Society For Worldwide Interbank Financial Telecommunication.