Common use of Conflict with LOC Documents Clause in Contracts

Conflict with LOC Documents. In the event of any conflict between this Credit Agreement and any LOC Document (including any letter of credit application), this Credit Agreement shall control. The Reimbursement Agreement is and shall be deemed amended such that the representations and warranties, covenants and events of default (and definitions related thereto) set out in the Reimbursement Agreement (the "Existing Provisions"), except to the extent they relate specifically to the relevant bonds or relevant remarketing program, conform with the representations and warranties, covenants and events of default (and definitions related thereto) set out in this Credit Agreement (the "Incorporated Provisions"). So long as any obligations remain outstanding under the PBBC Industrial Development Bonds or any documentation related thereto, such amendments shall survive (i) the payment in full of all obligations due the Lenders by the Borrower under this Credit Agreement, (ii) the termination (for any reason) of this Credit Agreement, (iii) the sale or participation (in whole or in part) of a Lender's interest in this Credit Agreement, or (iv) any other event which has an effect to terminate the obligations of the Borrower to the Lenders under this Credit Agreement. Upon the happening of one of the events set forth in the immediately preceding sentence, PBBC agrees to promptly execute a modification of the Reimbursement Agreement to confirm such amendment. Notwithstanding the preceding sentence or the failure of any such modification to be executed, the Credit Parties, to the extent applicable, must remain in compliance with the Incorporated Provisions as if set forth in the Reimbursement Agreement. Any future modification of or amendment to the Incorporated Provisions shall be a modification of or amendment to the relevant Reimbursement Agreements for purposes of compliance with such agreements. Likewise, if First Union grants a waiver of compliance of the Incorporated Provisions for any period, such waiver shall be deemed to be a waiver of compliance of the relevant Reimbursement Agreement for the limited period of time for which the waiver was granted.

Conflict with LOC Documents. In the event of any conflict between this Credit Agreement and any LOC Document (including any letter of credit application), this Credit Agreement shall control. The Reimbursement Agreement is and shall be deemed amended such that the representations and warranties, covenants and events of default (and definitions related thereto) set out in the Reimbursement Agreement (the "Existing Provisions"), except to the extent they relate specifically to the relevant bonds or relevant remarketing program, conform with the representations and warranties, covenants and events of default (and definitions related thereto) set out in this Credit Agreement (the "Incorporated Provisions"). So long as any obligations remain outstanding under the PBBC Industrial Development Bonds or any documentation related thereto, such amendments shall survive (i) the payment in full of all obligations due the Lenders by the Borrower under this Credit Agreement, (ii) the termination (for any reason) of this Credit Agreement, (iii) the sale or participation (in whole or in part) of a Lender's interest in this Credit Agreement, or (iv) any other event which has an effect to terminate the obligations of the Borrower to the Lenders under this Credit Agreement. Upon the happening of one of the events set forth in the immediately preceding sentence, PBBC agrees to promptly execute a modification of the Reimbursement Agreement to confirm such amendment. Notwithstanding the preceding sentence or the failure of any such modification to be executed, the Credit Parties, to the extent applicable, must remain in compliance with the Incorporated Provisions as if set forth in the Reimbursement Agreement. Any future modification of or amendment to the Incorporated Provisions shall be a modification of or amendment to the relevant Reimbursement Agreements for purposes of compliance with such agreements. Likewise, if First Union grants a waiver of compliance of the Incorporated Provisions for any period, such waiver shall be deemed to be a waiver of compliance of the relevant Reimbursement Agreement for the limited period of time for which the waiver was granted.

Conflict with LOC Documents. In the event of any conflict between this Credit Agreement and any LOC Document (including any letter of credit application), this Credit Agreement shall control. The Each of the Reimbursement Agreement Agreements is and shall be deemed amended such that the representations and warranties, covenants and events of default (and definitions related thereto) set out in the each respective Reimbursement Agreement (the "“ Existing Provisions"”), except to the extent they relate specifically to the relevant bonds or relevant remarketing program, conform with the representations and warranties, covenants and events of default (and definitions related thereto) set out in this Credit Agreement (the "“Incorporated Provisions"”). So long as any obligations remain outstanding under the PBBC Industrial Development Bonds underlying revenue bonds related to any Letter of Credit or any documentation related thereto, such amendments Incorporated Provisions shall survive (i) the payment in full of all obligations due the Lenders by the Borrower under this Credit Agreement, (ii) the termination (for any reason) of this Credit Agreement, (iii) the sale or participation (in whole or in part) of a Lender's ’s interest in this Credit Agreement, or (iv) any other event which has an effect to terminate the obligations of the Borrower to the Lenders under this Credit Agreement. Upon the happening of one of the events set forth in the immediately preceding sentence, PBBC the Borrower agrees to promptly execute a modification of the relevant Reimbursement Agreement Agreements to confirm such amendment. Notwithstanding the preceding sentence or the failure of any such modification to be executed, the Credit Parties, to the extent applicable, must remain in compliance with the Incorporated Provisions as if set forth in each of the Reimbursement Agreement. Any future modification of or amendment to the Incorporated Provisions shall be a modification of or amendment to the relevant Reimbursement Agreements for purposes of compliance with such agreementsReimbursement Agreements. Likewise, if First Union grants the Required Lenders grant a waiver of compliance of the Incorporated Provisions for any period, such waiver shall be deemed to be a waiver of compliance of the relevant Reimbursement Agreement Agreements for the limited period of time for which the waiver was granted.

Conflict with LOC Documents. In the event of any conflict between --------------------------- this Credit Agreement and any LOC Document (including any letter Letter of credit applicationCredit Application), this Credit Agreement shall controlcontrol with respect to the Persons who are parties to this Credit Agreement and such LOC Document. The Notwithstanding the generality of the foregoing, each of the Reimbursement Agreement Agreements set forth on Schedule 2.2(1) is and shall be deemed amended such that the --------------- representations and warranties, covenants and events of default (and definitions related thereto) set out in the such Reimbursement Agreement Agreements (the "Existing Provisions"), except to the extent they relate specifically to ------------------- the relevant bonds or relevant remarketing program, conform with the representations and warranties, covenants and events of default (and definitions related thereto) set out in this Credit Agreement (the "Incorporated Provisions"). So long as any obligations remain outstanding under the PBBC Industrial Development Bonds or any documentation related thereto, such Such amendments shall survive (i) the payment ----------------------- in full of all obligations due the Lenders by the Borrower under this Credit Agreement, (ii) the termination (for any reason) of this Credit Agreement, (iii) the sale or participation (in whole or in part) of a Lender's interest in this Credit Agreement, or (iv) any other event which has an the effect to terminate of terminating the obligations of the Borrower to the Lenders under this Credit Agreement. Upon the happening of one of the events set forth in the immediately preceding sentence, PBBC the Borrower agrees to promptly execute a modification of the relevant Reimbursement Agreement Agreement(s) to confirm such amendment. Notwithstanding the preceding sentence or the failure of any such modification to be executed, the Credit Parties, to the extent applicable, Borrower must remain in compliance with the Incorporated Provisions as if set forth in the relevant Reimbursement AgreementAgreement(s). Any future modification of or amendment to the Incorporated Provisions shall be a modification of or amendment to the relevant Reimbursement Agreements Agreement(s) for purposes of compliance with such agreements. Likewise, if First Union grants the Agent and the Required Lenders grant a waiver of compliance of the Incorporated Provisions for any period, such waiver shall be deemed to be a waiver of compliance of the relevant Reimbursement Agreement Agreement(s) for the limited period of time for which the waiver was granted.

Conflict with LOC Documents. In the event of any conflict between this Credit Agreement and any LOC Document (including any letter Letter of credit applicationCredit Application), this Credit Agreement shall controlcontrol with respect to the Persons who are parties to this Credit Agreement and such LOC Document. The Notwithstanding the generality of the foregoing, each of the Reimbursement Agreement Agreements set forth on Schedule 2.2(l) is and shall be deemed amended such that the representations and warranties, covenants and events of default (and definitions related thereto) set out in the such Reimbursement Agreement (the "Existing Provisions")Agreements, except to the extent they relate specifically to the relevant bonds or relevant remarketing program, conform with the representations and warranties, covenants and events of default (and definitions related thereto) set out in this Credit Agreement (the "Incorporated Provisions"). So long as any obligations remain outstanding under the PBBC Industrial Development Bonds or any documentation related thereto, such Such amendments shall survive (i) the payment in full of all obligations due the Lenders by the Borrower under this Credit Agreement, (ii) the termination (for any reason) of this Credit Agreement, (iii) the sale or participation (in whole or in part) of a Lender's interest in this Credit Agreement, or (iv) any other event which has an the effect to terminate of terminating the obligations of the Borrower to the Lenders under this Credit Agreement. Upon the happening of one of the events set forth in the immediately preceding sentence, PBBC the Borrower agrees to promptly execute a modification of the relevant Reimbursement Agreement Agreement(s) to confirm such amendment. Notwithstanding the preceding sentence or the failure of any such modification to be executed, the Credit Parties, to the extent applicable, Borrower must remain in compliance with the Incorporated Provisions as if set forth in the relevant Reimbursement AgreementAgreement(s). Any future modification of or amendment to the Incorporated Provisions shall be a modification of or amendment to the relevant Reimbursement Agreements Agreement(s) for purposes of compliance with such agreements. Likewise, if First Union grants the Agent and the Required Lenders grant a waiver of compliance of the Incorporated Provisions for any period, such waiver shall be deemed to be a waiver of compliance of the relevant Reimbursement Agreement Agreement(s) for the limited period of time for which the waiver was granted.

Conflict with LOC Documents. In the event of any conflict between this Credit Agreement and any LOC Document (including any letter of credit application), this Credit Agreement shall control. The Each of the Reimbursement Agreement Agreements is and shall be deemed amended such that the representations and warranties, warranties covenants and events of default (and definitions related thereto) set out in the each respective Reimbursement Agreement (the "Existing Provisions"), except to the extent they relate specifically to the relevant bonds or relevant remarketing program, conform with the representations and warranties, covenants and events of default (and definitions related thereto) set out in this Credit Agreement (the "Incorporated Provisions"). So long as any obligations remain outstanding under the PBBC Industrial Development Bonds underlying revenue bonds related to any Letter of Credit or any documentation related thereto, such amendments Incorporated Provisions shall survive (i) the payment in full of all obligations due the Lenders by the Borrower under this Credit Agreement, (ii) the termination (for any reason) of this Credit Agreement, Agreement (iii) the sale or participation (in whole or in part) of a Lender's interest in this Credit Agreement, or (iv) any other event which has an effect to terminate the obligations of the Borrower to the Lenders under this Credit Agreement. Upon the happening of one of the events set forth in the immediately preceding sentence, PBBC the Borrower agrees to promptly execute a modification of the relevant Reimbursement Agreement Agreements to confirm such amendment. Notwithstanding the preceding sentence or the failure of any such modification to be executed, executed the Credit Parties, Parties to the extent applicable, must remain in compliance with the Incorporated Provisions as if set forth in each of the Reimbursement Agreement. Any future modification of or amendment to the Incorporated Provisions shall be a modification of or amendment to the relevant Reimbursement Agreements for purposes of compliance with such agreementsReimbursement Agreements. Likewise, if First Union grants the Required Lenders grant a waiver of compliance of the Incorporated Provisions for any period, such waiver shall be deemed to be a waiver of compliance of the relevant Reimbursement Agreement Agreements for the limited period of time for which the waiver was granted.