Common use of Conditions to Issuance Clause in Contracts

Conditions to Issuance. If (i) the requested form of such Letter ---------------------- of Credit is acceptable to the Administrative Agent and the Issuing Bank in the reasonable discretion of each, (ii) in the case of any Issuing Bank other than the L/C Bank, such Issuing Bank elects in its sole discretion to Issue the requested Letter of Credit, and (iii) such Issuing Bank has not received notice from the Administrative Agent or the Required Lenders that the Issuance of such Letter of Credit is not authorized because such Issuance would not comply with the requirements of clause (a) or (b) of Section 3.01 or one or more of the conditions set forth in Section 4.02 has not been satisfied, then such Issuing Bank will, upon fulfillment of the applicable conditions set forth in Section 4.02 (which fulfillment such Issuing Bank may assume in the absence of actual knowledge, or notice received from the Borrower, the Administrative Agent or the Required Lenders, to the contrary) and subject to the provisions of this Article III, make such Letter of Credit available to the Borrower at its office referred to in Section 9.02 or as otherwise agreed upon with the Borrower in connection with such Issuance. In the event and to the extent that the provisions of any Letter of Credit Agreement shall conflict with this Agreement, the provisions of this Agreement shall govern.

Conditions to Issuance. If No LC Issuing Bank shall issue any Letter of Credit unless: (i) the requested form of such Letter ---------------------- of Credit is acceptable shall be satisfactory in form and substance to the Administrative Agent and the such LC Issuing Bank in the reasonable discretion of each, Bank; (ii) in the case Borrower shall have executed and delivered such other instruments and agreements relating to such Letter of any Credit as such LC Issuing Bank other than the L/C Bank, such Issuing Bank elects in its sole discretion to Issue the requested Letter of Credit, and shall have reasonably requested; (iii) such Issuing Bank has not received notice from if the Administrative Agent or the Required Lenders that the Issuance of Account Party for such Letter of Credit is not authorized because the Borrower, such Issuance would not comply Account Party shall have executed and delivered such other instruments and agreements relating to such Letter of Credit as such LC Issuing Bank shall have reasonably requested; (iv) such LC Issuing Bank shall have confirmed with the requirements Administrative Agent on the date of clause such issuance that the limitations specified in clauses (ai), (ii) or and (biii) of Section 3.01 or one or more 2.07(a) will not be exceeded immediately after such Letter of the conditions set forth in Section 4.02 has not been satisfied, then Credit is issued; and (v) such LC Issuing Bank willshall not have been notified in writing by any Vencor Company, upon fulfillment of the applicable conditions set forth in Section 4.02 (which fulfillment such Issuing Bank may assume in the absence of actual knowledge, or notice received from the Borrower, the Administrative any Agent or the Required Lenders, Lenders expressly to the contraryeffect that any condition specified in clause (ii) and subject to or (iii) of Section 3.02 is not satisfied at the provisions of this Article III, make time such Letter of Credit available is to the Borrower at its office referred to in Section 9.02 or as otherwise agreed upon with the Borrower in connection with such Issuance. In the event and to the extent that the provisions of any Letter of Credit Agreement shall conflict with this Agreement, the provisions of this Agreement shall governbe issued.

Conditions to Issuance. If (i) the requested form of such ----------------------- Letter ---------------------- of Credit is acceptable to the Administrative Agent and the Issuing Bank in the reasonable discretion of each, (ii) in the case of any Issuing Bank other than the L/C Letter of Credit Bank, such Issuing Bank elects in its sole discretion to Issue the requested Letter of Credit, and (iii) such Issuing Bank has not received notice from the Administrative Agent or the Required Lenders any Revolving Lender that the Issuance of such Letter of Credit is not authorized because such Issuance would not comply with the requirements of clause (a) or (b) of Section 3.01 or one or more of the conditions set forth in Section 4.02 has not been satisfied, then such Issuing Bank will, upon fulfillment of the applicable conditions set forth in Section 4.02 (which fulfillment such Issuing Bank may assume in the absence of actual knowledge, or notice received from the Borrower, the Administrative Agent or the Required Lendersany Revolving Lender, to the contrary) and subject to the provisions of this Article III, make such Letter of Credit available to the Borrower at its office referred to in Section 9.02 or as otherwise agreed upon with the Borrower in connection with such Issuance. In the event and to the extent that the provisions of any Letter of Credit Agreement shall conflict with this Agreement, the provisions of this Agreement shall govern.

Conditions to Issuance. If No LC Issuing Bank shall issue any Additional Letter of Credit unless: (i) the requested form of such Letter ---------------------- of Credit is acceptable shall be satisfactory in form and substance to the Administrative Agent and the such LC Issuing Bank in the reasonable discretion of each, Bank, (ii) in the case Requesting Borrower shall have executed and delivered such other instruments and agreements relating to such Additional Letter of any Credit as such LC Issuing Bank other than the L/C Bank, such Issuing Bank elects in its sole discretion to Issue the requested Letter of Credit, and shall have reasonably requested, (iii) such Issuing Bank has not received notice from if the Administrative Agent or the Required Lenders that the Issuance of Account Party for such Letter of Credit is not authorized because the Requesting Borrower, such Issuance would not comply Account Party shall have executed and delivered such other instruments and agreements relating to such Letter of Credit as such LC Issuing Bank shall have reasonably requested, (iv) if such Letter of Credit is a Direct Pay IRB Letter of Credit, the Administrative Agent shall have notified the relevant LC Issuing Bank pursuant to Section 2.06(s) that the form of the Underlying LC Documents is satisfactory, the applicable conditions specified in Section 2.06(s)(ii) shall have been satisfied and such Direct Pay IRB Letter of Credit shall be issued prior to March 31, 2000; (v) such LC Issuing Bank shall have confirmed with the requirements Administrative Agent on the date of clause such issuance that the limitations specified in clauses (ai) or and (ii) of subsection (b) of this Section 3.01 or one or more will not be exceeded immediately after such Letter of the conditions set forth in Section 4.02 has not been satisfied, then Credit is issued and (vi) such LC Issuing Bank will, upon fulfillment of the applicable conditions set forth shall not have been notified in Section 4.02 (which fulfillment such Issuing Bank may assume in the absence of actual knowledge, or notice received from the writing by any Borrower, the Administrative Agent, the Documentation Agent or the Required Lenders, to the contraryBanks that any condition specified in clause (c) and subject to the provisions of this Article III, make such Letter of Credit available to the Borrower at its office referred to in Section 9.02 or as otherwise agreed upon with the Borrower in connection with such Issuance. In the event and to the extent that the provisions of any Letter of Credit Agreement shall conflict with this Agreement, the provisions of this Agreement shall govern.(d) of

Conditions to Issuance. If (i) the requested form of such Letter ---------------------- of Credit is acceptable to the Administrative Agent and the Issuing Bank in the reasonable discretion of each, (ii) in the case of any Issuing Bank other than the L/C Bank, such Issuing Bank elects in its sole discretion to Issue the requested Letter of Credit, and (iii) such Issuing Bank has not received notice from the Administrative Agent or the Required Lenders that the Issuance of such Letter of Credit is not authorized because such Issuance would not comply with the requirements of clause (a) or (b) of Section 3.01 or one or more of the conditions set forth in Section 4.02 has not been satisfied, then such Issuing Bank will, upon fulfillment of the applicable conditions set forth in Section 4.02 (which fulfillment such Issuing Bank may assume in the absence of actual knowledge, or notice received from the Borrower, the Administrative Agent or the Required Lenders, to the contrary) and subject to the provisions of this Article III, make such Letter of Credit available to the Borrower at its office referred to in Section 9.02 or as otherwise agreed upon with the Borrower in connection with such Issuance. In the event and to the extent that the provisions of any Letter of Credit Agreement shall conflict with this Agreement, the provisions of this Agreement shall govern.

Conditions to Issuance. If (i) the requested form of such ---------------------- Letter ---------------------- of Credit is acceptable to the Administrative Agent and the Issuing Bank in the reasonable discretion of each, (ii) in the case of any Issuing Bank other than the L/C Letter of Credit Bank, such Issuing Bank elects in its sole discretion to Issue the requested Letter of Credit, and (iii) such Issuing Bank has not received notice from the Administrative Agent or the Required Lenders any Revolving Lender that the Issuance of such Letter of Credit is not authorized because such Issuance would not comply with the requirements of clause (a) or (b) of Section 3.01 or one or more of the conditions set forth in Section 4.02 has not been satisfied, then such Issuing Bank will, upon fulfillment of the applicable conditions set forth in Section 4.02 (which fulfillment such Issuing Bank may assume in the absence of actual knowledge, or notice received from the Borrower, the Administrative Agent or the Required Lendersany Revolving Lender, to the contrary) and subject to the provisions of this Article III, make such Letter of Credit available to the Borrower at its office referred to in Section 9.02 or as otherwise agreed upon with the Borrower in connection with such Issuance. In the event and to the extent that the provisions of any Letter of Credit Agreement shall conflict with this Agreement, the provisions of this Agreement shall govern.

Conditions to Issuance. If No LC Issuing Bank shall issue any Additional Letter of Credit unless: (i) the requested form of such Letter ---------------------- of Credit is acceptable shall be satisfactory in form and substance to the Administrative Agent and the such LC Issuing Bank in the reasonable discretion of each, Bank; (ii) in the case Borrower shall have executed and delivered such other instruments and agreements relating to such Additional Letter of any Credit as such LC Issuing Bank other than the L/C Bank, such Issuing Bank elects in its sole discretion to Issue the requested Letter of Credit, and shall have reasonably requested; (iii) such Issuing Bank has not received notice from if the Administrative Agent or the Required Lenders that the Issuance of Account Party for such Letter of Credit is not authorized because the Borrower, such Issuance would not comply Account Party shall have executed and delivered such other instruments and agreements relating to such Letter of Credit as such LC Issuing Bank shall have reasonably requested; (iv) such LC Issuing Bank shall have confirmed with the requirements Administrative Agent on the date of clause such issuance that the limitations specified in clauses (ai) or and (ii) of subsection (b) of this Section 3.01 or one or more will not be exceeded immediately after such Letter of the conditions set forth in Section 4.02 has not been satisfied, then Credit is issued; and (v) such LC Issuing Bank willshall not have been notified in writing by any Vencor Company, upon fulfillment of the applicable conditions set forth in Section 4.02 (which fulfillment such Issuing Bank may assume in the absence of actual knowledge, or notice received from the Borrower, the Administrative any Agent or the Required Lenders, Revolving Credit Lenders expressly to the contraryeffect that any condition specified in clause (c) and subject to or (d) of Section 3.02 is not satisfied at the provisions of this Article III, make time such Letter of Credit available is to the Borrower at its office referred to in Section 9.02 or as otherwise agreed upon with the Borrower in connection with such Issuance. In the event and to the extent that the provisions of any Letter of Credit Agreement shall conflict with this Agreement, the provisions of this Agreement shall governbe issued.

Conditions to Issuance. If No LC Issuing Bank shall issue any Additional Letter of Credit unless: (i) the requested form of such Letter ---------------------- of Credit is acceptable shall be satisfactory in form and substance to the Administrative Agent and the such LC Issuing Bank in the reasonable discretion of each, Bank; (ii) in the case Vencor shall have executed and delivered such other instruments and agreements relating to such Additional Letter of any Credit as such LC Issuing Bank other than the L/C Bank, such Issuing Bank elects in its sole discretion to Issue the requested Letter of Credit, and shall have reasonably requested; (iii) such Issuing Bank has not received notice from if the Administrative Agent or the Required Lenders that the Issuance of Account Party for such Letter of Credit is not authorized because Vencor, such Issuance would not comply Account Party shall have executed and delivered such other instruments and agreements relating to such Letter of Credit as such LC Issuing Bank shall have reasonably requested; (iv) if such Letter of Credit is a Direct Pay IRB Letter of Credit, the Administrative Agent shall have notified the relevant LC Issuing Bank pursuant to Section 2.08(s) that the form of the Underlying LC Documents is satisfactory, the applicable conditions specified in Section 2.08(s)(i) shall have been satisfied and such Direct Pay IRB Letter of Credit shall be issued prior to March 31, 2001; (v) such LC Issuing Bank shall have confirmed with the requirements Administrative Agent on the date of clause such issuance that the limitations specified in clauses (ai), (ii) or and (iii) of subsection (b) of this Section 3.01 or one or more will not be exceeded immediately after such Letter of the conditions set forth in Section 4.02 has not been satisfied, then Credit is issued; and (vi) such LC Issuing Bank will, upon fulfillment of the applicable conditions set forth shall not have been notified in Section 4.02 (which fulfillment such Issuing Bank may assume in the absence of actual knowledge, or notice received from the Borrowerwriting by Vencor, the Administrative Agent, the Documentation Agent or the Required Lenders, Banks expressly to the contraryeffect that any condition specified in clause (c) and subject to or (d) of Section 3.03 is not satisfied at the provisions of this Article III, make time such Letter of Credit available is to the Borrower at its office referred to in Section 9.02 or as otherwise agreed upon with the Borrower in connection with such Issuance. In the event and to the extent that the provisions of any Letter of Credit Agreement shall conflict with this Agreement, the provisions of this Agreement shall governbe issued.