Conditions to Issuance of Letter of Credit. The Letter of Credit shall be issued on the Amendment Effective Date pursuant to Section 2.01(a), unless one of the following conditions precedent has not been satisfied (or waived by the Issuing Lender) or the Borrower has not delivered the officer’s certificate described in Section 2.01(a) on or prior to the Amendment Effective Date (the “Issuance Conditions”):
Conditions to Issuance of Letter of Credit. The issuance by the Issuing Lender of the Letter of Credit shall, in addition to the conditions precedent set forth elsewhere in this Agreement, be subject to the conditions precedent that (i) the Borrower shall have executed and delivered such other instruments and agreements relating to the Letter of Credit as the Issuing Lender shall have reasonably requested and (ii) the Issuing Lender shall have confirmed on the date of (and after giving effect to) such issuance that (A) the aggregate amount of all Letter of Credit Liabilities will not exceed the Letter of Credit Commitment and (B) the aggregate Outstandings will not exceed the aggregate amount of the Commitments. Notwithstanding any other provision of this Section 3.04, the Issuing Lender shall not be under any obligation to issue the Letter of Credit if: any order, judgment or decree of any governmental authority shall by its terms purport to enjoin or restrain the Issuing Lender from issuing the Letter of Credit, or any requirement of law applicable to the Issuing Lender or any request or directive (whether or not having the force of law) from any governmental authority with jurisdiction over the Issuing Lender shall prohibit, or request that the Issuing Lender refrain from, the issuance of letters of credit generally or the Letter of Credit in particular.
Conditions to Issuance of Letter of Credit. The obligation of Simplot to obtain the issuance of the letter of credit is subject to the following conditions precedent:
Conditions to Issuance of Letter of Credit. The obligation of the Bank to issue the Letter of Credit on the Issuance Date is subject to the condition precedent that the Bank shall have received all of the following, each duly executed and delivered on or before the Issuance Date, in form and substance satisfactory to the Bank:
Conditions to Issuance of Letter of Credit