Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article 4, the obligation of the Agent to cause the Issuing Lender to issue any Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably satisfactory to the Agent: (i) the Borrowers shall have delivered to the Issuing Lender, at such times and in such manner as the Issuing Lender may prescribe, an application in form and substance satisfactory to the Issuing Lender and reasonably satisfactory to the Agent for the issuance of the Letter of Credit and such other documents as may be required pursuant to the terms thereof, and the form, terms, and purpose of the proposed Letter of Credit shall be satisfactory to the Agent and the Issuing Lender (provided that in the event any term of such application or any other document is inconsistent with the terms of this Agreement the terms of this Agreement shall be controlling); and (ii) as of the date of issuance, no order of any court, arbitrator, or Governmental Authority shall purport by its terms to enjoin or restrain money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no law, rule, or regulation applicable to money center banks generally and no request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over money center banks generally shall prohibit, or request that the Issuing Lender refrain from, the issuance of letters of credit generally or the issuance of such proposed Letters of Credit.
Appears in 2 contracts
Sources: Credit Agreement (Friedmans Inc), Credit Agreement (Friedmans Inc)
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article 4IX, the obligation of the Agent to issue or to cause the Issuing Lender to issue be issued any applicable Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably satisfactory acceptable to the Agent:
(i) the Borrowers The applicable Borrower shall have delivered to the Issuing Lenderapplicable Letter of Credit Issuer, at least three (3) Business Days (or such times and in such manner shorter period as the Issuing Lender applicable Letter of Credit Issuer may prescribeagree) in advance of the proposed date of issuance of any Letter of Credit, an application in form and substance satisfactory to the Issuing Lender such Letter of Credit Issuer and reasonably satisfactory to the Agent for the issuance of the Letter of Credit and such other documents as may be reasonably required pursuant to the terms thereof, and the form, terms, and purpose form of the proposed Letter of Credit shall be reasonably satisfactory to the Agent and the Issuing Lender (provided that in the event any term applicable Letter of such application or any other document is inconsistent with the terms of this Agreement the terms of this Agreement shall be controlling)Credit Issuer; and
(ii) as As of the date of issuance, no order of any court, arbitrator, arbitrator or Governmental Authority shall purport by its terms to enjoin or restrain money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no law, rule, rule or regulation applicable to money center banks generally and no request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over money center banks generally shall prohibit, or request that the Issuing Lender proposed Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such proposed Letters of Credit.
Appears in 2 contracts
Sources: Credit Agreement (United Rentals North America Inc), Credit Agreement (United Rentals Inc /De)
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article 48, the obligation of the Administrative Agent to cause the Issuing Lender to issue be issued any Letter of Credit or to provide Credit Support for any Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably satisfactory to the Administrative Agent:
(i) the Borrowers The applicable Borrower shall have delivered to the Issuing LenderLetter of Credit Issuer, at such times and in such manner as the Issuing Lender such Letter of Credit Issuer may prescribe, an application in form and substance satisfactory to the Issuing Lender such Letter of Credit Issuer and reasonably satisfactory to the Administrative Agent for the issuance of the Letter of Credit and such other documents as may be required pursuant to the terms thereof, and the form, terms, terms and purpose of the proposed Letter of Credit shall be reasonably satisfactory to the Administrative Agent and the Issuing Lender (provided that in the event any term Letter of such application or any other document is inconsistent with the terms of this Agreement the terms of this Agreement shall be controlling)Credit Issuer; and
(ii) as As of the date of issuance, no order of any court, arbitrator, arbitrator or Governmental Authority shall purport by its terms to enjoin or restrain money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no law, rule, rule or regulation applicable to money center banks generally and no request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over money center banks generally shall prohibit, or request that the Issuing Lender proposed Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such proposed Letters of Credit.
Appears in 2 contracts
Sources: Revolving Credit Agreement (Foamex International Inc), Credit Agreement (Foamex International Inc)
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article 48, the obligation of the Administrative Agent to issue or to cause the Issuing Lender to issue be issued any Letter of Credit or to provide Credit Support for any Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably satisfactory to the Administrative Agent:
(i) the Borrowers The applicable Borrower shall have delivered to the Issuing LenderLetter of Credit Issuer, at such times and in such manner as the Issuing Lender such Letter of Credit Issuer may prescribe, an application in form and substance satisfactory to the Issuing Lender such Letter of Credit Issuer and reasonably satisfactory to the Administrative Agent for the issuance of the Letter of Credit and such other documents as may be required pursuant to the terms thereof, and the form, terms, terms and purpose of the proposed Letter of Credit shall be reasonably satisfactory to the Administrative Agent and the Issuing Lender (provided that in the event any term Letter of such application or any other document is inconsistent with the terms of this Agreement the terms of this Agreement shall be controlling)Credit Issuer; and
(ii) as As of the date of issuance, no order of any court, arbitrator, arbitrator or Governmental Authority shall purport by its terms to enjoin or restrain money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no law, rule, rule or regulation applicable to money center banks generally and no request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over money center banks generally shall prohibit, or request that the Issuing Lender proposed Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such proposed Letters of Credit.
Appears in 1 contract
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article 48, the obligation of the Agent to issue or to cause the Issuing Lender to issue be issued any Letter of Credit or to provide Credit Support for any Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably satisfactory to the Agent:
(i) the Borrowers The applicable Borrower shall have delivered to the Issuing Lenderapplicable Letter of Credit Issuer, at such times and in such manner as the Issuing Lender such Letter of Credit Issuer may prescribe, an application in form and substance satisfactory to the Issuing Lender such Letter of Credit Issuer and reasonably satisfactory to the Agent for the issuance of the Letter of Credit and such other documents as may be reasonably required pursuant to the terms thereofthereof in connection with such issuance, and the form, terms, terms and purpose of the proposed Letter of Credit shall be reasonably satisfactory to the Agent and the Issuing Lender (provided that in the event any term applicable Letter of such application or any other document is inconsistent with the terms of this Agreement the terms of this Agreement shall be controlling)Credit Issuer; and
(ii) as As of the date of issuance, no order of any court, arbitrator, arbitrator or Governmental Authority shall purport by its terms to enjoin or restrain money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no law, rule, rule or regulation applicable to money center banks generally and no request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over money center banks generally shall prohibit, or request that the Issuing Lender proposed Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such proposed Letters of Credit.
Appears in 1 contract
Sources: Credit Agreement (Gentek Inc)
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article 410, the obligation of the Agent to cause the Issuing Lender to issue be issued any Letter of Credit or to provide credit support for any Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably satisfactory to the Agent:
(i1) the Borrowers The Borrower shall have delivered to the Issuing Lenderproposed issuer of such Letter of Credit, at such times and in such manner as the Issuing Lender such proposed issuer may prescribe, an application in form and substance satisfactory to the Issuing Lender such proposed issuer and reasonably satisfactory to the Agent for the issuance of the Letter of Credit and such other documents as may be required pursuant to the terms thereof, provided, however, that such application shall be consistent with the form attached hereto as Exhibit H and the form, terms, form and purpose terms of the proposed Letter of Credit shall be reasonably satisfactory to the Agent and the Issuing Lender (provided that in the event any term of such application or any other document is inconsistent with the terms of this Agreement the terms of this Agreement shall be controlling)proposed issuer; and
(ii2) as As of the date of issuance, no order of any court, arbitrator, arbitrator or Governmental Authority shall purport by its terms to enjoin or restrain money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no law, rule, rule or regulation applicable to money center banks generally and no request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over money center banks generally shall prohibit, or request that the Issuing Lender proposed issuer of such Letter of Credit refrain from, the issuance of letters of credit generally or the issuance of such proposed Letters of Credit.
Appears in 1 contract
Sources: Loan and Security Agreement (Revlon Consumer Products Corp)
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article 4ARTICLE 8, the obligation of the Agent to cause the Issuing Lender to issue or to cause to be issued any Letter of Credit or to provide Credit Support for any Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably satisfactory to the AgentLender:
(i1) the Borrowers The requesting Borrower shall have delivered to the Issuing LenderLetter of Credit Issuer, at such times and in such manner as the Issuing Lender such Letter of Credit Issuer may prescribe, an application in form and substance satisfactory to the Issuing Lender such Letter of Credit Issuer and reasonably satisfactory to the Agent Lender for the issuance of the Letter of Credit and such other documents as may be required pursuant to the terms thereof, and the form, terms, terms and purpose of the proposed Letter of Credit shall be reasonably satisfactory to the Agent Lender and the Issuing Lender (provided that in the event any term Letter of such application or any other document is inconsistent with the terms of this Agreement the terms of this Agreement shall be controlling)Credit Issuer; and
(ii2) as As of the date of issuance, no order of any court, arbitrator, arbitrator or Governmental Authority shall purport by its terms to enjoin or restrain money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no law, rule, rule or regulation applicable to money center banks generally and no request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over money center banks generally shall prohibit, or request that the Issuing Lender proposed Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such proposed Letters of Credit.
Appears in 1 contract
Other Conditions. In addition to being subject to the ---------------- satisfaction of the applicable conditions precedent contained in Article 48, the obligation of the Agent to cause the Issuing Lender to issue be issued any --------- Letter of Credit or Credit Support is subject to the following conditions precedent having been satisfied in a manner reasonably satisfactory to the Agent:
(i1) the Borrowers shall have delivered to the Issuing LenderLetter of Credit Issuer, at such times and in such manner as the Issuing Lender Letter of Credit Issuer may prescribe, an application in form and substance satisfactory to the Issuing Lender Letter of Credit Issuer and reasonably satisfactory to the Agent for the issuance of the Letter of Credit or Credit Support and such other documents as may be required pursuant to the terms thereof, and the form, terms, and purpose of the proposed Letter of Credit or Credit Support shall be satisfactory to the Agent and the Issuing Lender Letter of Credit Issuer (provided that in the event -------- any term of such application or any other document is inconsistent with the terms of this Agreement and the Letter of Credit Issuer is either the same Person as the Agent or any Lender then the terms of this Agreement shall be controlling); and
(ii2) as of the date of issuance, no order of any court, arbitrator, or Governmental Authority shall purport by its terms to enjoin or restrain money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of CreditCredit or letter of credit for which the proposed Credit Support has been requested, and no law, rule, or regulation applicable to money center banks generally and no request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over money center banks generally shall prohibit, or request that the Issuing Lender proposed Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such proposed Letters of CreditCredit or Credit Support.
Appears in 1 contract
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article 4IX, the obligation of the Agent to issue or to cause the Issuing Lender to issue be issued any applicable Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably satisfactory acceptable to the Agent:
(i) the Borrowers applicable Borrower shall have delivered to the Issuing Lenderapplicable Letter of Credit Issuer, at least three (3) Business Days (or such times and in such manner shorter period as the Issuing Lender applicable Letter of Credit Issuer may prescribeagree) in advance of the proposed date of issuance of any Letter of Credit, an application in form and substance satisfactory to the Issuing Lender and reasonably satisfactory to the Agent such Letter of Credit Issuer for the issuance of the Letter of Credit and such other documents as may be reasonably required pursuant to the terms thereof, and the form, terms, and purpose form of the proposed Letter of Credit shall be reasonably satisfactory to the Agent and the Issuing Lender (provided that in the event any term applicable Letter of such application or any other document is inconsistent with the terms of this Agreement the terms of this Agreement shall be controlling)Credit Issuer; and
(ii) as of the date of issuance, no order of any court, arbitrator, arbitrator or Governmental Authority shall purport by its terms to enjoin or restrain money center banks generally the applicable Letter of Credit Issuer from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no law, rule, rule or regulation applicable to money center banks generally the applicable Letter of Credit Issuer and no request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over money center banks generally such Letter of Credit Issuer shall prohibit, or request that the Issuing Lender proposed Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such proposed Letters of Credit.
Appears in 1 contract
Sources: Credit Agreement (United Rentals North America Inc)
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article 4ARTICLE 8, the obligation of the Agent to cause the Issuing Lender to issue be issued any Letter of Credit or to provide Credit Support for any Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably satisfactory to the Agent:
(i) the Borrowers The applicable Borrower shall have delivered to the Issuing LenderLetter of Credit Issuer, at such times and in such manner as the Issuing Lender such Letter of Credit Issuer may prescribe, an application in form and substance satisfactory to the Issuing Lender such Letter of Credit Issuer and reasonably satisfactory to the Agent for the issuance of the Letter of Credit and such other documents as may be required pursuant to the terms thereof, and the form, terms, terms and purpose of the proposed Letter of Credit shall be reasonably satisfactory to the Agent and the Issuing Lender (provided that in the event any term Letter of such application or any other document is inconsistent with the terms of this Agreement the terms of this Agreement shall be controlling)Credit Issuer; and
(ii) as As of the date of issuance, no order of any court, arbitrator, arbitrator or Governmental Authority shall purport by its terms to enjoin or restrain money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no law, rule, rule or regulation applicable to money center banks generally and no request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over money center banks generally shall prohibit, or request that the Issuing Lender proposed Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such proposed Letters of Credit.
Appears in 1 contract
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article 48, the obligation of the Administrative Agent to issue or to cause the Issuing Lender to issue be issued any Letter of Credit or to provide Credit Support for any Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably satisfactory to the Administrative Agent:
(i1) the Borrowers Such Borrower shall have delivered to the Issuing LenderLetter of Credit Issuer, at such times and in such manner as the Issuing Lender such Letter of Credit Issuer may prescribe, an application in form and substance satisfactory to the Issuing Lender such Letter of Credit Issuer and reasonably satisfactory to the Administrative Agent for the issuance of the Letter of Credit and such other documents as may be required pursuant to the terms thereof, and the form, terms, terms and purpose of the proposed Letter of Credit shall be reasonably satisfactory to the Administrative Agent and the Issuing Lender (provided that in the event any term Letter of such application or any other document is inconsistent with the terms of this Agreement the terms of this Agreement shall be controlling)Credit Issuer; and
(ii2) as As of the date of issuance, no law, regulation or order of any court, arbitrator, arbitrator or Governmental Authority shall purport by its terms to restrict, enjoin or restrain money center banks generally from issuing letters of credit for the purpose of, to the beneficiary of or of the type and in the amount of the proposed Letter of Credit, and no law, rule, rule or regulation applicable to money center banks generally and no request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over money center banks generally shall prohibit, or request that the Issuing Lender proposed Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such proposed Letters of Credit.
Appears in 1 contract
Sources: Credit Agreement (Kforce Inc)
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article 48, the obligation of the Agent on behalf of the Canadian Lenders (each as to cause the Issuing Lender its Pro Rata Share) to issue any Pro Rata Canadian Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably satisfactory to the Agent:
(i) the Borrowers The Canadian Borrower shall have delivered to the Issuing LenderAgent, at such times and in such manner as the Issuing Lender Agent may prescribe, an application in form and substance satisfactory to the Issuing Lender and reasonably satisfactory to the Agent for the issuance of the Pro Rata Canadian Letter of Credit and such other documents as may be reasonably required pursuant to the terms thereofthereof in connection with such issuance, and the form, terms, form and purpose terms of the proposed Pro Rata Canadian Letter of Credit (to the extent not otherwise set forth or permitted herein) shall be reasonably satisfactory to the Agent and the Issuing Lender (provided that in the event any term of such application or any other document is inconsistent with the terms of this Agreement the terms of this Agreement shall be controlling)Agent; and
(ii) as As of the date of issuance, no order of any court, arbitrator, arbitrator or Governmental Authority shall purport by its terms to enjoin or restrain money center banks generally from issuing letters of credit of the type and in the amount of the proposed Pro Rata Canadian Letter of Credit, and no law, rule, rule or regulation applicable to money center banks generally and no request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over money center banks generally shall prohibit, or request that the Issuing Lender Canadian Lenders refrain from, the issuance of letters of credit generally or the issuance of such proposed Letters of Credit.
Appears in 1 contract
Sources: Credit Agreement (Gibson Energy ULC)
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article 410, the obligation of the Agent to take reasonable steps to cause the Issuing Lender to issue be issued any Letter of Credit or to provide Credit Support for any Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably satisfactory to the Agent:
(i1) the Borrowers The Borrower requesting such Letter of Credit or Credit Support for any Letter of Credit shall have delivered to the Issuing Lenderproposed issuer of such Letter of Credit, at such times and in such manner as the Issuing Lender such proposed issuer may prescribe, an application in form and substance satisfactory to the Issuing Lender such proposed issuer and reasonably satisfactory to the Agent for the issuance of the Letter of Credit and such other documents as may be required pursuant to the terms thereof, and the form, terms, form and purpose terms of the proposed Letter of Credit shall be satisfactory to the Agent and the Issuing Lender (provided that in the event any term of such application or any other document is inconsistent with the terms of this Agreement the terms of this Agreement shall be controlling)proposed issuer; and
(ii2) as As of the date of issuance, no order of any court, arbitrator, arbitrator or Governmental Authority shall purport by its terms to enjoin or restrain money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no law, rule, rule or regulation applicable to money center banks generally and no request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over money center banks generally shall prohibit, or request that the Issuing Lender proposed issuer of such Letter of Credit refrain from, the issuance of letters of credit generally or the issuance of such proposed Letters of Credit.
Appears in 1 contract
Sources: Loan and Security Agreement (Strategic Distribution Inc)
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article 49, the obligation of the Agent Agents to cause the Issuing Lender to issue any Letter of Credit to be issued is subject to the following conditions precedent having been satisfied in a manner reasonably satisfactory to the AgentAgents and the Letter of Credit Issuer:
(i) the Borrowers shall have delivered to the Issuing LenderLetter of Credit Issuer, at such times and in such manner as the Issuing Lender Letter of Credit Issuer may prescribe, an application in form and substance satisfactory to the Issuing Lender Letter of Credit Issuer and reasonably satisfactory to the each Agent for the issuance of the Letter of Credit and such other documents as may be required pursuant to the terms thereof, and the form, terms, and purpose of the proposed Letter of Credit shall be reasonably satisfactory to the each Agent and the Issuing Lender Letter of Credit Issuer (provided that in the event any term of such application or any other document is inconsistent with the terms of this Agreement and the Letter of Credit Issuer is either the same Person as an Agent or any Lender, then the terms of this Agreement shall be controlling); and
(ii) as of the date of issuance, no order of any court, arbitrator, or Governmental Authority shall purport by its terms to enjoin or restrain money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no law, rule, or regulation applicable to money center banks generally and no request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over money center banks generally shall prohibit, or request that the Issuing Lender Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such proposed Letters Letter of Credit.
Appears in 1 contract
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article 48, the obligation of the Agent to issue or to cause the Issuing Lender to issue be issued any Letter of Credit or to provide Credit Support for any Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably satisfactory to the Agent:
(i1) the Borrowers The Borrower or a Subsidiary Borrower shall have delivered to the Issuing LenderLetter of Credit Issuer, at such times and in such manner as the Issuing Lender such Letter of Credit Issuer may prescribe, an application in form and substance satisfactory to the Issuing Lender such Letter of Credit Issuer and reasonably satisfactory to the Agent for the issuance of the Letter of Credit and such other documents as may be required pursuant to the terms thereof, and the form, terms, terms and purpose of the proposed Letter of Credit shall be reasonably satisfactory to the Agent and the Issuing Lender (provided that in the event any term Letter of such application or any other document is inconsistent with the terms of this Agreement the terms of this Agreement shall be controlling)Credit Issuer; and
(ii2) as As of the date of issuance, no order of any court, arbitrator, arbitrator or Governmental Authority shall purport by its terms to enjoin or restrain money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no law, rule, rule or regulation applicable to money center banks generally and no request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over money center banks generally shall prohibit, or request that the Issuing Lender proposed Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such proposed Letters of Credit.
Appears in 1 contract
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article 48, the obligation of the Agent to issue or to cause the Issuing Lender to issue be issued any Letter of Credit or to provide Credit Support for any Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably satisfactory to the Agent:
(i1) The Funds Administrator (on behalf of the Borrowers requesting Borrower) shall have delivered to the Issuing LenderLetter of Credit Issuer, at such times and in such manner as the Issuing Lender such Letter of Credit Issuer may prescribe, an application in form and substance satisfactory to the Issuing Lender such Letter of Credit Issuer and reasonably satisfactory to the Agent for the issuance of the Letter of Credit and such other documents as may be required pursuant to the terms thereof, and the form, terms, terms and purpose of the proposed Letter of Credit shall be reasonably satisfactory to the Agent and the Issuing Lender (provided that in the event any term Letter of such application or any other document is inconsistent with the terms of this Agreement the terms of this Agreement shall be controlling)Credit Issuer; and
(ii2) as As of the date of issuance, no order of any court, arbitrator, arbitrator or Governmental Authority shall purport by its terms to enjoin or restrain money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no law, rule, rule or regulation applicable to money center banks generally and no request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over money center banks generally shall prohibit, or request that the Issuing Lender proposed Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such proposed Letters of Credit.
Appears in 1 contract
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article 48, the obligation of the Letter of Credit Issuer to issue or the Administrative Agent to cause the Issuing Lender to issue be issued any Letter of Credit or to provide Credit Support for any Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably satisfactory to the Administrative Agent:
(i1) the Borrowers The US Borrower Representative shall have delivered to the Issuing LenderLetter of Credit Issuer, at such times and in such manner as the Issuing Lender such Letter of Credit Issuer may prescribe, an application in form and substance satisfactory to the Issuing Lender such Letter of Credit Issuer and reasonably satisfactory to the Administrative Agent for the issuance of the Letter of Credit and such other documents as may be required pursuant to the terms thereof, and the form, terms, terms and purpose of the proposed Letter of Credit shall be reasonably satisfactory to the Administrative Agent and the Issuing Lender (provided that in the event any term Letter of such application or any other document is inconsistent with the terms of this Agreement the terms of this Agreement shall be controlling)Credit Issuer; and
(ii2) as As of the date of issuance, no order of any court, arbitrator, arbitrator or Governmental Authority shall purport by its terms to enjoin or restrain money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no law, rule, rule or regulation applicable to money center banks generally and no request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over money center banks generally shall prohibit, or request that the Issuing Lender proposed Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such proposed Letters of Credit.
Appears in 1 contract
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article 410, the obligation of the Administrative Agent to issue or to cause the Issuing Lender to issue be issued any Letter of Credit or to provide Credit Support for any Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably satisfactory to the Administrative Agent:
(i1) the Borrowers The Borrower shall have delivered to the Issuing LenderLetter of Credit Issuer, at such times and in such manner as the Issuing Lender such Letter of Credit Issuer may prescribe, an application in form and substance satisfactory to the Issuing Lender such Letter of Credit Issuer and reasonably satisfactory to the Administrative Agent for the issuance of the Letter of Credit and such other documents as may be required pursuant to the terms thereof, and the form, terms, form and purpose terms of the proposed Letter of Credit shall be reasonably satisfactory to the Administrative Agent and the Issuing Lender (provided that in the event any term Letter of such application or any other document is inconsistent with the terms of this Agreement the terms of this Agreement shall be controlling)Credit Issuer; and
(ii2) as As of the date of issuance, no order of any court, arbitrator, arbitrator or Governmental Authority shall purport by its terms to enjoin or restrain money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no law, rule, rule or regulation applicable to money center banks generally and no request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over money center banks generally shall prohibit, or request that the Issuing Lender proposed Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such proposed Letters of Credit.
Appears in 1 contract
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article 4ARTICLE 8 (Conditions of Lending), the obligation of the Agent to issue or to cause the Issuing Lender to issue be issued any Letter of Credit or to provide Credit Support for any Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably satisfactory to the Agent:
(i) the Borrowers The Borrower shall have delivered to the Issuing LenderLetter of Credit Issuer, at such times and in such manner as the Issuing Lender such Letter of Credit Issuer may prescribe, an application in form and substance satisfactory to the Issuing Lender such Letter of Credit Issuer and reasonably satisfactory to the Agent for the issuance of the Letter of Credit and such other documents as may be required pursuant to the terms thereof, and the form, terms, terms and purpose of the proposed Letter of Credit shall be reasonably satisfactory to the Agent and the Issuing Lender (provided that in the event any term Letter of such application or any other document is inconsistent with the terms of this Agreement the terms of this Agreement shall be controlling)Credit Issuer; and
(ii) as As of the date of issuance, no order of any court, arbitrator, arbitrator or Governmental Authority shall purport by its terms to enjoin or restrain money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no law, rule, rule or regulation applicable to money center banks generally and no request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over money center banks generally shall prohibit, or request that the Issuing Lender proposed Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such proposed Letters of Credit.
Appears in 1 contract
Sources: Credit Agreement (Weston Roy F Inc)
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article 410, the obligation of the Administrative Agent to take reasonable steps to cause the Issuing Lender to issue be issued any Letter of Credit or to provide Credit Support for any Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably satisfactory to the Administrative Agent:
(i1) the Borrowers The applicable Borrower shall have delivered to the Issuing Lenderproposed issuer of such Letter of Credit, at such times and in such manner as the Issuing Lender such proposed issuer may prescribe, an application in form and substance satisfactory to such proposed issuer and the Issuing Lender and reasonably satisfactory to the Administrative Agent for the issuance of the Letter of Credit and such other documents as may be required pursuant to the terms thereof, and the form, terms, form and purpose terms of the proposed Letter of Credit shall be satisfactory to the Administrative Agent and the Issuing Lender (provided that in the event any term of such application or any other document is inconsistent with the terms of this Agreement the terms of this Agreement shall be controlling)proposed issuer; and
(ii2) as As of the date of issuance, no order of any court, arbitrator, arbitrator or Governmental Authority shall purport by its terms to enjoin or restrain money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no law, rule, rule or regulation applicable to money center banks generally and no request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over money center banks generally shall prohibit, or request that the Issuing Lender proposed issuer of such Letter of Credit refrain from, the issuance of letters of credit generally or the issuance of such proposed Letters of Credit.
Appears in 1 contract
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article 4IV, the obligation of the Agent to cause the Issuing Lender to issue any Letter of Credit to be issued is subject to the following conditions precedent having been satisfied in a manner reasonably satisfactory to the AgentAgent and the Letter of Credit Issuer:
(i) the Borrowers shall have delivered to the Issuing LenderLetter of Credit Issuer, at such times and in such manner as the Issuing Lender Letter of Credit Issuer may prescribe, an application in form and substance satisfactory to the Issuing Lender Letter of Credit Issuer and reasonably satisfactory to the Agent for the issuance of the Letter of Credit and such other documents as may be required pursuant to the terms thereof, and the form, terms, form and purpose terms of the proposed Letter of Credit shall be reasonably satisfactory to the Agent and the Issuing Lender Letter of Credit Issuer (provided provided, that in the event any term of such application or any other document is inconsistent with the terms of this Agreement and the Letter of Credit Issuer is either the same Person as the Agent or any Lender, then the terms of this Agreement shall be controlling); and
(ii) as of the date of issuance, no order of any court, arbitrator, or Governmental Authority shall purport by its terms to enjoin or restrain money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no law, rule, or regulation applicable to money center banks generally and no request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over money center banks generally shall prohibit, or request that the Issuing Lender Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such proposed Letters Letter of Credit.
Appears in 1 contract
Sources: Loan Agreement (Jeffboat LLC)
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article 4ARTICLE 10, the obligation of the Agent to issue or to cause the Issuing Lender to issue be issued any Letter of Credit or to provide Credit Support for any Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably satisfactory to the Agent:
(i1) the Borrowers The Borrower shall have delivered to the Issuing LenderLetter of Credit Issuer, at such times and in such manner as the Issuing Lender such Letter of Credit Issuer may prescribe, an application in form and substance satisfactory to the Issuing Lender such Letter of Credit Issuer and reasonably satisfactory to the Agent for the issuance of the Letter of Credit and such other documents as may be required pursuant to the terms thereof, and the form, terms, form and purpose terms of the proposed Letter of Credit shall be reasonably satisfactory to the Agent and the Issuing Lender (provided that in the event any term Letter of such application or any other document is inconsistent with the terms of this Agreement the terms of this Agreement shall be controlling)Credit Issuer; and
(ii2) as As of the date of issuance, no order of any court, arbitrator, arbitrator or Governmental Authority shall purport by its terms to enjoin or restrain money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no law, rule, rule or regulation applicable to money center banks generally and no request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over money center banks generally shall prohibit, or request that the Issuing Lender proposed Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such proposed Letters of Credit.
Appears in 1 contract
Sources: Loan and Security Agreement (Fruit of the Loom LTD)
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article 410 and subject to the Interim Bankruptcy Court Order and the Final Bankruptcy Court Order, as the case may be, the obligation of the Agent to cause the Issuing Lender to issue be issued any Letter of Credit or to provide Credit Support for any Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably satisfactory to the Agent:
(i1) the The Borrowers shall have delivered to the Issuing LenderLetter of Credit Issuer, at such times and in such manner as the Issuing Lender such Letter of Credit Issuer may prescribe, an application in form and substance satisfactory to the Issuing Lender and reasonably satisfactory to such Letter of Credit Issuer and the Agent for the issuance of the Letter of Credit and such other documents as may be required pursuant to the terms thereof, and the form, terms, form and purpose terms of the proposed Letter of Credit shall be reasonably satisfactory to the Agent and the Issuing Lender (provided that in the event any term such Letter of such application or any other document is inconsistent with the terms of this Agreement the terms of this Agreement shall be controlling); andCredit Issuer;
(ii2) as As of the date of issuance, no order of any court, arbitrator, arbitrator or Governmental Authority shall purport by its terms to enjoin or restrain money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no law, rule, rule or regulation applicable to money center banks generally and no request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over money center banks generally shall prohibit, or request that the Issuing Lender proposed Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such proposed Letters of Credit.
Appears in 1 contract
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article 48, the obligation of the Letter of Credit Issuer to issue or the UK Agent to cause the Issuing Lender to issue be issued any Letter of Credit or to provide Credit Support for any Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably satisfactory to the UK Agent:
(i1) the Borrowers The UK Borrower shall have delivered to the Issuing LenderLetter of Credit Issuer, at such times and in such manner as the Issuing Lender such Letter of Credit Issuer may prescribe, an application in form and substance satisfactory to the Issuing Lender such Letter of Credit Issuer and reasonably satisfactory to the UK Agent for the issuance of the Letter of Credit and such other documents as may be required pursuant to the terms thereof, and the form, terms, terms and purpose of the proposed Letter of Credit shall be reasonably satisfactory to the UK Agent and the Issuing Lender (provided that in the event any term Letter of such application or any other document is inconsistent with the terms of this Agreement the terms of this Agreement shall be controlling)Credit Issuer; and
(ii2) as As of the date of issuance, no order of any court, arbitrator, or Governmental Authority or arbitrator shall purport by its terms to enjoin or restrain money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no law, rule, rule or regulation applicable to money center banks generally and no request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over money center banks generally shall prohibit, or request that the Issuing Lender proposed Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such proposed Letters of Credit.
Appears in 1 contract
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article 48, the obligation of the Agent to cause the Issuing Lender to issue be issued any Letter of Credit or Credit Support is subject to the following conditions precedent having been satisfied in a manner reasonably satisfactory to the Agent:
(i) the Borrowers shall have delivered to the Issuing LenderLetter of Credit Issuer, at such times and in such manner as the Issuing Lender Letter of Credit Issuer may prescribe, an application in form and substance satisfactory to the Issuing Lender Letter of Credit Issuer and reasonably satisfactory to the Agent for the issuance of the Letter of Credit or Credit Support and such other documents as may be required pursuant to the terms thereof, and the form, terms, and purpose of the proposed Letter of Credit or Credit Support shall be satisfactory to the Agent and the Issuing Lender Letter of Credit Issuer (provided that in the event any term of such application or any other document is inconsistent with the terms of this Agreement and the Letter of Credit Issuer is either the same Person as the Agent or any Lender, then the terms of this Agreement shall be controlling); and
(ii) as of the date of issuance, no order of any court, arbitrator, or Governmental Authority shall purport by its terms to enjoin or restrain money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of CreditCredit or letter of credit for which the proposed Credit Support has been requested, and no law, rule, or regulation applicable to money center banks generally and no request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over money center banks generally shall prohibit, or request that the Issuing Lender proposed Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such proposed Letters of CreditCredit or Credit Support.
Appears in 1 contract
Sources: Credit Agreement (Egl Inc)
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article 48, the obligation of the Collateral Agent to cause to be issued, and the Issuing Lender Letter of Credit Issuer to issue issue, any Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably satisfactory to the AgentCollateral Agent and the Letter of Credit Issuer:
(i1) the The Borrowers shall have delivered to the Issuing LenderLetter of Credit Issuer, at such times and in such manner as the Issuing Lender such Letter of Credit Issuer may prescribe, an application in form and substance satisfactory to the Issuing Lender Letter of Credit Issuer and reasonably satisfactory to the Collateral Agent for the issuance of the Letter of Credit and such other documents as may be required pursuant to the terms thereof, and the form, terms, terms and purpose of the proposed Letter of Credit shall be reasonably satisfactory to the Collateral Agent and the Issuing Lender (provided that in the event any term Letter of such application or any other document is inconsistent with the terms of this Agreement the terms of this Agreement shall be controlling)Credit Issuer; and
(ii2) as As of the date of issuance, no order of any court, arbitrator, arbitrator or Governmental Authority shall purport by its terms to enjoin or restrain money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no law, rule, rule or regulation applicable to money center banks generally and no request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over money center banks generally shall prohibit, or request that the Issuing Lender proposed Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such proposed Letters of Credit.
Appears in 1 contract
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article 48, the obligation of the Letter of Credit Issuer to issue or the Administrative Agent to cause the Issuing Lender to issue be issued any Letter of Credit or to provide Credit Support for any Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably satisfactory to the Administrative Agent:
(i1) the Borrowers The US Borrower Representative shall have delivered to the Issuing LenderLetter of Credit Issuer, at such times and in such manner as the Issuing Lender such Letter of Credit Issuer may prescribe, an application in form and substance satisfactory to the Issuing Lender such Letter of Credit Issuer and reasonably satisfactory to the Administrative Agent for the issuance of the Letter of Credit and such other documents as may be required pursuant to the terms thereof, and the form, terms, terms and purpose of the proposed Letter of Credit shall be reasonably satisfactory to the Administrative Agent and the Issuing Lender (provided that in the event any term Letter of such application or any other document is inconsistent with the terms of this Agreement the terms of this Agreement shall be controlling)Credit Issuer; and
(ii2) as As of the date of issuance, no order of any court, arbitrator, or Governmental Authority or arbitrator shall purport by its terms to enjoin or restrain money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no law, rule, rule or regulation applicable to money center banks generally and no request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over money center banks generally shall prohibit, or request that the Issuing Lender proposed Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such proposed Letters of Credit.
Appears in 1 contract
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article 48, the obligation of the Administrative Agent to issue or to cause the Issuing Lender to issue be issued any Letter of Credit or to provide Credit Support for any Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably satisfactory to the Administrative Agent:
(i) the Borrowers The requesting Borrower shall have delivered to the Issuing LenderLetter of Credit Issuer, at such times and in such manner as the Issuing Lender such Letter of Credit Issuer may prescribe, an application in form and substance satisfactory to the Issuing Lender such Letter of Credit Issuer and reasonably satisfactory to the Administrative Agent for the issuance of the Letter of Credit and such other documents as may be required pursuant to the terms thereof, and the form, terms, terms and purpose of the proposed Letter of Credit shall be reasonably satisfactory to the Administrative Agent and the Issuing Lender (provided that in the event any term Letter of such application or any other document is inconsistent with the terms of this Agreement the terms of this Agreement shall be controlling)Credit Issuer; and
(ii) as As of the date of issuance, no law, regulation or order of any court, arbitrator, arbitrator or Governmental Authority shall purport by its terms to restrict, enjoin or restrain money center banks generally from issuing letters of credit for the purpose of, to the beneficiary of or of the type and in the amount of the proposed Letter of Credit, and no law, rule, rule or regulation applicable to money center banks generally and no request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over money center banks generally shall prohibit, or request that the Issuing Lender proposed Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such proposed Letters of Credit.
Appears in 1 contract
Sources: Credit Agreement (Kforce Inc)
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article 4ARTICLE 10, the obligation of the Agent to issue or to cause the Issuing Lender to issue be issued any Letter of Credit or to provide Credit Support for any Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably satisfactory to the Agent:
(i1) the Borrowers The applicable Borrower shall have delivered to the Issuing LenderLetter of Credit Issuer, at such times and in such manner as the Issuing Lender such Letter of Credit Issuer may prescribe, an application in form and substance satisfactory to the Issuing Lender such Letter of Credit Issuer and reasonably satisfactory to the Agent for the issuance of the Letter of Credit and such other documents as may be required pursuant to the terms thereof, and the form, terms, form and purpose terms of the proposed Letter of Credit shall be reasonably satisfactory to the Agent and the Issuing Lender (provided that in the event any term Letter of such application or any other document is inconsistent with the terms of this Agreement the terms of this Agreement shall be controlling)Credit Issuer; and
(ii2) as As of the date of issuance, no order of any court, arbitrator, arbitrator or Governmental Authority shall purport by its terms to enjoin or restrain money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no law, rule, rule or regulation applicable to money center banks generally and no request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over money center banks generally shall prohibit, or request that the Issuing Lender proposed Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such proposed Letters of Credit.
Appears in 1 contract
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article 4Section 10, the obligation of the Agent to cause the Issuing Lender Letter of Credit Issuer to issue any Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably satisfactory to the Agent:
(i) the The Borrowers shall have delivered to the Issuing LenderLetter of Credit Issuer, at such times and in such manner as the Issuing Lender such Letter of Credit Issuer may prescribe, an application containing the information described on Exhibit I (which shall be delivered in form and substance satisfactory to the Issuing Lender such Letter of Credit Issuer and reasonably satisfactory to the Agent for the issuance of the Letter of Credit Credit) and such other documents as may be required pursuant to the terms thereof, and the form, terms, form and purpose terms of the proposed Letter of Credit shall be reasonably satisfactory to the Agent and the Issuing Lender (provided that in Letter of Credit Issuer and the event any term Letter of such application or any other document is inconsistent with the terms of this Agreement the terms of this Agreement Credit shall be controlling)issued for purposes authorized in Section 1.1.3; and
(ii) as As of the date of issuance, no order of any court, arbitrator, arbitrator or Governmental Authority shall purport by its terms to enjoin or restrain money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no law, rule, rule or regulation applicable to money center banks generally and no request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over money center banks generally shall prohibit, or request that the Issuing Lender proposed Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such proposed Letters of Credit.
Appears in 1 contract
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article 4IX, the obligation of the Agent to issue or to cause the Issuing Lender to issue be issued any applicable Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably satisfactory acceptable to the Agent:
(i) the Borrowers applicable Borrower shall have delivered to the Issuing Lenderapplicable Letter of Credit Issuer, at least three (3) Business Days (or such times and in such manner shorter period as the Issuing Lender applicable Letter of Credit Issuer may prescribeagree) in advance of the proposed date of issuance of any Letter of Credit, an application in form and substance satisfactory to the Issuing Lender such Letter of Credit Issuer and reasonably satisfactory to the Agent for the issuance of the Letter of Credit and such other documents as may be reasonably required pursuant to the terms thereof, and the form, terms, and purpose form of the proposed Letter of Credit shall be reasonably satisfactory to the Agent and the Issuing Lender (provided that in the event any term applicable Letter of such application or any other document is inconsistent with the terms of this Agreement the terms of this Agreement shall be controlling)Credit Issuer; and
(ii) as of the date of issuance, no order of any court, arbitrator, arbitrator or Governmental Authority shall purport by its terms to enjoin or restrain money center banks generally the applicable Letter of Credit Issuer from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no law, rule, rule or regulation applicable to money center banks generally the applicable Letter of Credit Issuer and no request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over money center banks generally such Letter of Credit Issuer shall prohibit, or request that the Issuing Lender proposed Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such proposed Letters of Credit.
Appears in 1 contract
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article 4ARTICLE II, the obligation of the Agent to issue or to cause the Issuing Lender to issue be issued any Letter of Credit or to provide Credit Support for any Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably satisfactory to the Agent:
(i1) the Borrowers The Borrower shall have delivered to the Issuing LenderLetter of Credit Issuer, at such times and in such manner as the Issuing Lender such Letter of Credit Issuer may reasonably prescribe, an application in form and substance reasonably satisfactory to the Issuing Lender such Letter of Credit Issuer and reasonably satisfactory to the Agent for the issuance of the Letter of Credit and such other documents as may be reasonably required pursuant to the terms thereof, and the form, terms, form and purpose terms of the proposed Letter of Credit shall be reasonably satisfactory to the Agent and the Issuing Lender (provided that in the event any term Letter of such application or any other document is inconsistent with the terms of this Agreement the terms of this Agreement shall be controlling)Credit Issuer; and
(ii2) as As of the date of issuance, no order of any court, arbitrator, arbitrator or Governmental Authority shall purport by its terms to enjoin or restrain money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no law, rule, rule or regulation applicable to money center banks generally and no request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over money center banks generally shall prohibit, or request that the Issuing Lender proposed Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such proposed Letters of Credit.
Appears in 1 contract
Sources: Credit Agreement (Packaged Ice Inc)
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article 49, the obligation of the Agent to use its best efforts to cause the Issuing Lender to issue any Letter of Credit to be issued or any Acceptance to be created is subject to the following conditions precedent having been satisfied in a manner reasonably satisfactory to the Agent:
(i1) in the Borrowers case of a Letter of Credit, the applicable Borrower shall have delivered to the Issuing Lenderproposed issuer of such Letter of Credit, at such times and in such manner as the Issuing Lender such proposed issuer may prescribe, an application in form and substance satisfactory to the Issuing Lender and reasonably satisfactory to the Agent such proposed issuer for the issuance of the Letter of Credit and such other documents as may be required pursuant to the terms thereof, and the form, terms, form and purpose terms of the proposed Letter of Credit shall be satisfactory to the Agent and the Issuing Lender such proposed issuer;
(provided that 2) in the event any term case of an Acceptance, the applicable Borrower shall have entered into an acceptance agreement with the bank creating such application or any Acceptance and such other document is inconsistent with documents as may be required pursuant to the terms thereof, and the terms of this Agreement the terms of this Agreement such acceptance agreement and proposed Acceptance shall be controlling)satisfactory to the Agent and such bank; and
(ii3) as of the date of issuanceissuance or creation, no order of any court, arbitrator, arbitrator or Governmental Public Authority shall purport by its terms to enjoin or restrain money center banks generally from issuing letters of credit or creating banker's acceptances of the type and in the amount of the proposed Letter of CreditCredit or Acceptance, and no law, rule, rule or regulation applicable to money center banks generally and no request or directive (whether or not having the force of law) from any Governmental Public Authority with jurisdiction over money center banks generally shall prohibit, or request that the Issuing Lender bank proposed to issue such Letter of Credit or create such Acceptance refrain from, the issuance of letters of credit or creation of banker's acceptances generally or the issuance of such proposed Letters Letter of CreditCredit or creation of such Acceptance.
Appears in 1 contract
Sources: Loan and Security Agreement (Roadmaster Industries Inc)
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article 48, the obligation of the Administrative Agent to cause the Issuing Lender to issue be issued any Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably satisfactory to the Administrative Agent:
(i) the Borrowers shall have delivered to the Issuing LenderLetter of Credit Issuer, at such times and in such manner as the Issuing Lender Letter of Credit Issuer may prescribe, an application in form and substance satisfactory to the Issuing Lender Letter of Credit Issuer and reasonably satisfactory to the Administrative Agent for the issuance of the Letter of Credit and such other documents as may be required pursuant to the terms thereof, and the form, terms, and purpose of the proposed Letter of Credit shall be satisfactory to the Administrative Agent and the Issuing Lender Letter of Credit Issuer (provided that in the event any term of such application or any other document is inconsistent with the terms of this Agreement and the Letter of Credit Issuer is either the same Person as the Administrative Agent or any Lender, then the terms of this Agreement shall be controlling); and
(ii) as of the date of issuance, no order of any court, arbitrator, or Governmental Authority shall purport by its terms to enjoin or restrain money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no law, rule, or regulation applicable to money center banks generally and no request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over money center banks generally shall prohibit, or request that the Issuing Lender proposed Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such proposed Letters of Credit.
Appears in 1 contract
Sources: Credit Agreement (Txi Cement Co)
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article 48, the obligation of the Administrative Agent to issue or to cause the Issuing Lender to issue be issued any Letter of Credit or to provide Credit Support for any Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably satisfactory to the Administrative Agent:
(i1) the Borrowers The Borrower shall have delivered to the Issuing LenderLetter of Credit Issuer, at such times and in such manner as the Issuing Lender such Letter of Credit Issuer may prescribe, an application in form and substance satisfactory to the Issuing Lender such Letter of Credit Issuer and reasonably satisfactory to the Administrative Agent for the issuance of the Letter of Credit and such other documents as may be required pursuant to the terms thereof, and the form, terms, terms and purpose of the proposed Letter of Credit shall be reasonably satisfactory to the Administrative Agent and the Issuing Lender (provided that in the event any term Letter of such application or any other document is inconsistent with the terms of this Agreement the terms of this Agreement shall be controlling)Credit Issuer; and
(ii2) as As of the date of issuance, no order of any court, arbitrator, arbitrator or Governmental Authority shall purport by its terms to enjoin or restrain money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no law, rule, rule or regulation applicable to money center banks generally and no request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over money center banks generally shall prohibit, or request that the Issuing Lender proposed Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such proposed Letters of Credit.
Appears in 1 contract
Sources: Credit Agreement (Kforce Com Inc)
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article 4ARTICLE 8, the obligation of the Administrative Agent to issue or to cause the Issuing Lender to issue be issued any Letter of Credit or to provide Credit Support for any Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably satisfactory to the Administrative Agent:
(i) The Parent or the Borrowers UK Borrower, as applicable, shall have delivered to the Issuing LenderLetter of Credit Issuer, at such times and in such manner as the Issuing Lender such Letter of Credit Issuer may prescribe, an application in form and substance satisfactory to the Issuing Lender such Letter of Credit Issuer and reasonably satisfactory to the Administrative Agent for the issuance of the Letter of Credit and such other documents as may be required pursuant to the terms thereof, and the form, terms, form and purpose terms of the proposed Letter of Credit shall be reasonably satisfactory to the Administrative Agent and the Issuing Lender (provided that in the event any term Letter of such application or any other document is inconsistent with the terms of this Agreement the terms of this Agreement shall be controlling)Credit Issuer; and
(ii) as As of the date of issuance, no order of any court, arbitrator, arbitrator or Governmental Authority shall purport by its terms to enjoin or restrain money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no law, rule, rule or regulation applicable to money center banks generally and no request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over money center banks generally shall prohibit, or request that the Issuing Lender proposed Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such proposed Letters of Credit.
Appears in 1 contract
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article 4Section 10, the obligation of the Agent to cause the Issuing Lender Letter of Credit Issuer to issue any Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably satisfactory to the Agent:
(i) the The Borrowers shall have delivered to the Issuing LenderLetter of Credit Issuer, at such times and in such manner as the Issuing Lender such Letter of Credit Issuer may prescribe, an application containing the information described on Exhibit I (which shall be delivered in form and substance satisfactory to the Issuing Lender such Letter of Credit Issuer and reasonably satisfactory to the Agent for the issuance of the Letter of Credit Credit) and such other documents as may be required pursuant to the terms thereof, and the form, terms, form and purpose terms of the proposed Letter of Credit shall be reasonably satisfactory to the Agent and the Issuing Lender (provided that in Letter of Credit Issuer and the event any term Letter of such application or any other document is inconsistent with the terms of this Agreement the terms of this Agreement Credit shall be controlling); andissued for purposes authorized in Section 1.1.3;
(ii) as As of the date of issuance, no order of any court, arbitrator, arbitrator or Governmental Authority shall purport by its terms to enjoin or restrain money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no law, rule, rule or regulation applicable to money center banks generally and no request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over money center banks generally shall prohibit, or request that the Issuing Lender proposed Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such proposed Letters of Credit; and
(iii) If a Defaulting Lender exists, such Lender or Borrowers have entered into arrangements satisfactory to Agent and the Letter of Credit Issuer to eliminate any funding risk associated with the Defaulting Lender.
Appears in 1 contract
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article 48, the obligation of the Agent to cause to be issued or of the Issuing Lender Letter of Credit Issuers to issue any Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably satisfactory to the Letter of Credit Issuers and the Agent:
(i) the Borrowers The applicable Borrower shall have delivered to the Issuing Lenderapplicable Letter of Credit Issuer, at such times and in such manner as the Issuing Lender such Letter of Credit Issuer may prescribe, an application in form and substance reasonably satisfactory to the Issuing Lender such Letter of Credit Issuer and reasonably satisfactory to the Agent for the issuance of the Letter of Credit and such other documents as may be required pursuant to the terms thereof, and the form, terms, terms and purpose of the proposed Letter of Credit shall be reasonably satisfactory to the Agent and the Issuing Lender (provided that in the event any term such Letter of such application or any other document is inconsistent with the terms of this Agreement the terms of this Agreement shall be controlling)Credit Issuer; and
(ii) as As of the date of issuance, no order of any court, arbitrator, arbitrator or Governmental Authority shall purport by its terms to enjoin or restrain money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no law, rule, rule or regulation applicable to money center banks generally and no request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over money center banks generally shall prohibit, or request that the Issuing Lender proposed Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such proposed Letters of Credit.
Appears in 1 contract
Other Conditions. In addition to being subject to the satisfaction ---------------- of the applicable conditions precedent contained in Article 4, the ---------- obligation of the Agent to cause the Issuing Lender to issue or to cause to be issued any Letter of Credit or to provide Credit Support for any Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably satisfactory to the AgentLender:
(i) the Borrowers Borrower shall have delivered to the Issuing LenderLetter of Credit Issuer, at such times and in such manner as the Issuing Lender such Letter of Credit Issuer may prescribe, an application in form and substance satisfactory to the Issuing such Letter of Credit Issuer and Lender and reasonably satisfactory to the Agent for the issuance of the Letter of Credit and such other documents as may be required pursuant to the terms thereof, and the form, terms, form and purpose terms of the proposed Letter of Credit shall be reasonably satisfactory to the Agent Lender and the Issuing Lender (provided that in the event any term Letter of such application or any other document is inconsistent with the terms of this Agreement the terms of this Agreement shall be controlling)Credit Issuer; and
(ii) as As of the date of issuance, no order of any court, arbitrator, arbitrator or Governmental Authority shall purport by its terms to enjoin or restrain money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no law, rule, rule or regulation applicable to money center banks generally and no request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over money center banks generally shall prohibit, or request that the Issuing Lender proposed Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such proposed Letters of Credit.
Appears in 1 contract
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article 48, the obligation of the Agent to cause to be issued or of the Issuing Lender Letter of Credit Issuer to issue any Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably satisfactory to the Letter of Credit Issuer and the Agent:
(i) the Borrowers The Borrower shall have delivered to the Issuing LenderLetter of Credit Issuer, at such times and in such manner as the Issuing Lender such Letter of Credit Issuer may prescribe, an application in form and substance satisfactory to the Issuing Lender such Letter of Credit Issuer and reasonably satisfactory to the Agent for the issuance of the Letter of Credit and such other documents as may be required pursuant to the terms thereof, and the form, terms, terms and purpose of the proposed Letter of Credit shall be reasonably satisfactory to the Agent and the Issuing Lender (provided that in the event any term Letter of such application or any other document is inconsistent with the terms of this Agreement the terms of this Agreement shall be controlling)Credit Issuer; and
(ii) as As of the date of issuance, no order of any court, arbitrator, arbitrator or Governmental Authority shall purport by its terms to enjoin or restrain money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no law, rule, rule or regulation applicable to money center banks generally and no request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over money center banks generally shall prohibit, or request that the Issuing Lender proposed Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such proposed Letters of Credit.
Appears in 1 contract
Sources: Credit Agreement (Spherion Corp)
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article 411 and subject to the applicable DIP Orders, the obligation of the Agent to cause the Issuing Lender to issue be issued any Letter of Credit or to provide Credit Support for any Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably satisfactory to the Agent:
(i) the The Borrowers shall have delivered to the Issuing LenderLetter of Credit Issuer, at such times and in such manner as the Issuing Lender such Letter of Credit Issuer may prescribe, an application in form and substance satisfactory to the Issuing Lender and reasonably satisfactory to such Letter of Credit Issuer and the Agent for the issuance of the Letter of Credit and such other documents as may be required pursuant to the terms thereof, and the form, terms, form and purpose terms of the proposed Letter of Credit shall be reasonably satisfactory to the Agent and the Issuing Lender (provided that in the event any term such Letter of such application or any other document is inconsistent with the terms of this Agreement the terms of this Agreement shall be controlling); andCredit Issuer;
(ii) as As of the date of issuance, no order of any court, arbitrator, arbitrator or Governmental Authority shall purport by its terms to enjoin or restrain money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no law, rule, rule or regulation applicable to money center banks generally and no request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over money center banks generally shall prohibit, or request that the Issuing Lender proposed Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such proposed Letters of Credit.
Appears in 1 contract
Sources: Loan and Security Agreement
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article 48, the obligation of the Letter of Credit Issuer to issue or the UK Agent to cause the Issuing Lender to issue be issued any Letter of Credit or to provide Credit Support for any Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably satisfactory to the UK Agent:
(i1) the Borrowers The UK Borrower Representative shall have delivered to the Issuing LenderLetter of Credit Issuer, at such times and in such manner as the Issuing Lender such Letter of Credit Issuer may prescribe, an application in form and substance satisfactory to the Issuing Lender such Letter of Credit Issuer and reasonably satisfactory to the UK Agent for the issuance of the Letter of Credit and such other documents as may be required pursuant to the terms thereof, and the form, terms, terms and purpose of the proposed Letter of Credit shall be reasonably satisfactory to the UK Agent and the Issuing Lender (provided that in the event any term Letter of such application or any other document is inconsistent with the terms of this Agreement the terms of this Agreement shall be controlling)Credit Issuer; and
(ii2) as As of the date of issuance, no order of any court, arbitrator, arbitrator or Governmental Authority shall purport by its terms to enjoin or restrain money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no law, rule, rule or regulation applicable to money center banks generally and no request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over money center banks generally shall prohibit, or request that the Issuing Lender proposed Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such proposed Letters of Credit.
Appears in 1 contract
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article 48, the obligation of the Agent to cause the Issuing Lender to issue be issued any Letter of Credit or Credit Support is subject to the following conditions precedent having been satisfied in a manner reasonably satisfactory to the Agent:
(i) the Borrowers Borrower shall have delivered to the Issuing LenderLetter of Credit Issuer, at such times and in such manner as the Issuing Lender Letter of Credit Issuer may prescribe, an application in form and substance satisfactory to the Issuing Lender Letter of Credit Issuer and reasonably satisfactory to the Agent for the issuance of the Letter of Credit or Credit Support and such other documents as may be required pursuant to the terms thereof, and the form, terms, and purpose of the proposed Letter of Credit or Credit Support shall be satisfactory to the Agent and the Issuing Lender Letter of Credit Issuer (provided that in the event any term of such application or any other document is inconsistent with the terms of this Agreement and the Letter of Credit Issuer is either the same Person as the Agent or any Lender, then the terms of this Agreement shall be controlling); and
(ii) as of the date of issuance, no order of any court, arbitrator, or Governmental Authority shall purport by its terms to enjoin or restrain money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of CreditCredit or letter of credit for which the proposed Credit Support has been requested, and no law, rule, or regulation applicable to money center banks generally and no request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over money center banks generally shall prohibit, or request that the Issuing Lender proposed Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such proposed Letters of CreditCredit or Credit Support.
Appears in 1 contract
Sources: Credit Agreement (Texas Petrochemical Holdings Inc)
Other Conditions. In addition to being subject to the satisfaction of the applicable conditions precedent contained in Article 48, the obligation of the Agent to cause the Issuing Lender to issue or to cause to be issued any Letter of Credit or to provide Credit Support for any Letter of Credit is subject to the following conditions precedent having been satisfied in a manner reasonably satisfactory to the AgentLender:
(i) the The Borrowers shall have delivered to the Issuing LenderLetter of Credit Issuer, at such times and in such manner as the Issuing Lender such Letter of Credit Issuer may prescribe, an application in form and substance satisfactory to the Issuing Lender such Letter of Credit Issuer and reasonably satisfactory to the Agent Lender for the issuance of the Letter of Credit and such other documents as may be required pursuant to the terms thereof, and the form, terms, terms and purpose of the proposed Letter of Credit shall be reasonably satisfactory to the Agent Lender and the Issuing Lender (provided that in the event any term Letter of such application or any other document is inconsistent with the terms of this Agreement the terms of this Agreement shall be controlling)Credit Issuer; and
(ii) as As of the date of issuance, no order of any court, arbitrator, arbitrator or Governmental Authority shall purport by its terms to enjoin or restrain money center banks generally from issuing letters of credit of the type and in the amount of the proposed Letter of Credit, and no law, rule, rule or regulation applicable to money center banks generally and no request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over money center banks generally shall prohibit, or request that the Issuing Lender proposed Letter of Credit Issuer refrain from, the issuance of letters of credit generally or the issuance of such proposed Letters of Credit.
Appears in 1 contract
Sources: Credit Agreement (Remedytemp Inc)