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This excerpt taken from the FL 8-K filed May 21, 2008. Reliance, Etc. Each LC Agent shall be entitled (but not obligated) to rely, and shall be fully protected in relying, on the representation and warranty by the Company set forth in the last sentence of Section 3.03 to establish whether the conditions specified in clauses (c), (d) and (e) of Section 3.03 are met in connection with any issuance or extension of a Letter of Credit by it, unless such LC Agent shall have been notified to the contrary by the Administrative Agent or the Required Banks (in which event such LC Agent shall be fully protected in relying on such notice). Unless otherwise expressly agreed by the applicable LC Agent and the Company when a Letter of Credit is issued, the rights and obligations of each LC Agent under each Letter of Credit issued by it shall be governed by the
provisions thereof and the provisions of (i) with respect to standby Letters of Credit, the ISP and (ii) with respect to commercial Letters of Credit, the UCP and/or (in each case) the Uniform Commercial Code referred to therein or otherwise applicable thereto.
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