Common use of Governmental Action Clause in Contracts

Governmental Action. No Issuing Bank shall be under any obligation to issue any Letter of Credit if any order, judgment or decree of any Governmental Authority or arbitrator shall by its terms purport to enjoin or restrain such Issuing Bank from issuing such Letter of Credit, or any law applicable to such Issuing Bank or any request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over such Issuing Bank shall prohibit, or request that such Issuing Bank refrain from, the issuance of letters of credit generally or such Letter of Credit in particular or shall impose upon such Issuing Bank with respect to such Letter of Credit any restriction, reserve or capital requirement (for which such Issuing Bank is not otherwise compensated hereunder) not in effect on the Closing Date, or shall impose upon the Letter of Credit any unreimbursed loss, cost or expense which was not applicable on the Closing Date and which such Issuing Bank in good ▇▇▇▇▇ ▇▇▇▇▇ material to it, unless the Borrower agrees to compensate the Issuing Bank for such restriction, reserve, capital requirement, loss, cost or expense on terms satisfactory to the Issuing Bank.

Appears in 8 contracts

Sources: Credit Agreement (Autonation, Inc.), Credit Agreement (Autonation, Inc.), Credit Agreement (Autonation, Inc.)

Governmental Action. No The Issuing Bank shall be under any no obligation to issue any Letter of Credit if any order, judgment or decree of any Governmental Authority or arbitrator shall by its terms purport to enjoin or restrain such the Issuing Bank from issuing such Letter of Credit, or any law applicable to such the Issuing Bank or any request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over such the Issuing Bank shall prohibit, or request that such the Issuing Bank refrain from, the issuance of letters of credit generally or such Letter of Credit in particular or shall impose upon such the Issuing Bank with respect to such Letter of Credit any restriction, reserve or capital requirement (for which such the Issuing Bank is not otherwise compensated hereunder) not in effect on the Closing Date, or shall impose upon the Letter of Credit any unreimbursed loss, cost or expense which was not applicable on the Closing Date and which such the Issuing Bank in good ▇▇▇▇▇ ▇▇▇▇▇ faith deems material to it, unless the Borrower agrees to compensate the Issuing Bank for such restriction, reserve, capital requirement, loss, cost or expense on terms satisfactory to the Issuing Bank.

Appears in 3 contracts

Sources: Credit Agreement (Technitrol Inc), Credit Agreement (Gtech Holdings Corp), Credit Agreement (Technitrol Inc)

Governmental Action. No The Issuing Bank shall be under any no obligation to issue any Letter of Credit if any order, judgment or decree of any Governmental Authority or arbitrator shall by its terms purport to enjoin or restrain such the Issuing Bank from issuing such Letter of Credit, or any law applicable to such the Issuing Bank or any request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over such the Issuing Bank shall prohibit, or request that such the Issuing Bank refrain from, the issuance of letters of credit generally or such Letter of Credit in particular or shall impose upon such the Issuing Bank with respect to such Letter of Credit any restriction, reserve or capital requirement (for which such the Issuing Bank is not otherwise compensated hereunder) not in effect on the Closing Date, or shall impose upon the Letter of Credit Issuing Bank any unreimbursed loss, cost or expense which was not applicable on the Closing Date and which such the Issuing Bank in good ▇▇▇▇▇ ▇▇▇▇▇ material to it, unless the Borrower agrees to compensate the Issuing Bank for such restriction, reserve, capital requirement, loss, cost or expense on terms satisfactory to the Issuing Bank.

Appears in 1 contract

Sources: Credit Agreement (Stewart Enterprises Inc)

Governmental Action. No Issuing Bank Guarantee Issuer shall be under any obligation to issue any Letter of Credit Bank Guarantee if any order, judgment or decree of any Governmental Authority or arbitrator shall by its terms purport to enjoin or restrain such Issuing Bank Guarantee Issuer from issuing such Letter of CreditBank Guarantee, or any law applicable to such Issuing Bank Guarantee Issuer or any request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over such Issuing Bank Guarantee Issuer shall prohibit, or request that such Issuing Bank Guarantee Issuer refrain from, the issuance of letters of credit bank guarantees generally or such Letter of Credit Bank Guarantee in particular or shall impose upon such Issuing Bank Guarantee Issuer with respect to such Letter of Credit Bank Guarantee any restriction, reserve or capital requirement (for which such Issuing Bank Guarantee Issuer is not otherwise compensated hereunder) not in effect on the Closing Date, or shall impose upon the Letter of Credit such Bank Guarantee any unreimbursed loss, cost or expense which was not applicable on the Closing Date and which such Issuing Bank Guarantee Issuer in good fait▇ ▇▇▇▇▇ ▇▇▇▇▇ material erial to it, unless the Borrower agrees to compensate the Issuing Bank for such restriction, reserve, capital requirement, loss, cost or expense on terms satisfactory to the Issuing Bank.

Appears in 1 contract

Sources: Credit Agreement (American Greetings Corp)

Governmental Action. No Issuing Bank shall be under any obligation to issue any Letter of Credit if any order, judgment or decree of any Governmental Authority or arbitrator shall by its terms purport to enjoin or restrain such Issuing Bank from issuing such Letter of Credit, or any law applicable to such Issuing Bank or any request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over such Issuing Bank shall prohibit, or request that such Issuing Bank refrain from, the issuance of letters of credit generally or such Letter of Credit in particular or shall impose upon such Issuing Bank with respect to such Letter of Credit any restriction, reserve or capital requirement (for which such Issuing Bank is not otherwise compensated hereunder) not in effect on the Closing Date, or shall impose upon the Letter of Credit any unreimbursed loss, cost or expense which was not applicable on the Closing Date and which such Issuing Bank in good f▇▇▇▇ ▇▇▇▇▇ material to it, unless the Borrower agrees to compensate the Issuing Bank for such restriction, reserve, capital requirement, loss, cost or expense on terms satisfactory to the Issuing Bank.

Appears in 1 contract

Sources: Credit Agreement (Autonation Inc /Fl)

Governmental Action. No Issuing Bank shall be under any obligation to issue any Letter of Credit if any order, judgment or decree of any Governmental Authority or arbitrator shall by its terms purport to enjoin or restrain such Issuing Bank from issuing such Letter of Credit, or any law applicable to such Issuing Bank or any request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over such Issuing Bank shall prohibit, or request that such Issuing Bank refrain from, the issuance of letters of credit generally or such Letter of Credit in particular or shall impose upon such Issuing Bank with respect to such Letter of Credit any restriction, reserve or capital requirement (for which such Issuing Bank is not otherwise compensated hereunder) not in effect on the Closing Date, or shall impose upon the Letter of Credit any unreimbursed loss, cost or expense which was not applicable on the Closing Date and which such Issuing Bank in good fait▇ ▇▇▇▇▇ ▇▇▇▇▇ material erial to it, unless the Borrower agrees to compensate the Issuing Bank for such restriction, reserve, capital requirement, loss, cost or expense on terms satisfactory to the Issuing Bank.

Appears in 1 contract

Sources: Credit Agreement (Autonation, Inc.)

Governmental Action. No The Issuing Bank shall be under any no obligation to issue any Letter of Credit if any order, judgment or decree of any Governmental Authority or arbitrator shall by its terms purport to enjoin or restrain such the Issuing Bank from issuing such Letter of Credit, or any law applicable to such the Issuing Bank or any request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over such the Issuing Bank shall prohibit, or request that such the Issuing Bank refrain from, the issuance of letters of credit generally or such Letter of Credit in particular or shall impose upon such the Issuing Bank with respect to such Letter of Credit any restriction, reserve or capital requirement (for which such the Issuing Bank is not otherwise compensated hereunder) not in effect on the Closing Date, or shall impose upon the Letter of Credit any unreimbursed loss, cost or expense which was not applicable on the Closing Date and which such the Issuing Bank in good fait▇ ▇▇▇▇▇ ▇▇▇▇▇ material erial to it, unless the Borrower agrees to compensate the Issuing Bank for such restriction, reserve, capital requirement, loss, cost or expense on terms satisfactory to the Issuing Bank.

Appears in 1 contract

Sources: Credit Agreement (American Greetings Corp)