Common use of Acceptance Commitment Clause in Contracts

Acceptance Commitment. Subject to the terms and conditions set forth herein, each Canadian Lender severally agrees that Canadian Borrower may, at any time and from time to time during the Availability Period, issue Acceptances denominated in Canadian Dollars, in minimum denominations of Cdn. $100,000 or a whole multiple thereof and in minimum aggregate face amounts in connection with any Notice of Drawing of Cdn. $1,000,000 or any greater whole multiple of Cdn. $100,000, each in accordance with the provisions of this Section 2.03 and in an aggregate face amount that will not result in (i) such Lender’s Applicable Percentage of Total Canadian Outstandings exceeding such Lender’s Canadian Commitment, (ii) the Total Canadian Outstandings exceeding the Aggregate Canadian Commitments, or (iii) the Total Canadian Outstandings exceeding an amount that equals the Canadian Borrowing Base then in effect; provided that at all times the outstanding aggregate face amount of all Acceptances made by a Canadian Lender shall equal its Applicable Revolving Credit/Committed Loan Percentage of the outstanding face amount of all Acceptances made by all Canadian Lenders. For purposes of this Agreement, the full face value of an Acceptance, without discount, shall be used when calculations are made to determine the outstanding amount of a Canadian Lender’s Acceptances; provided that in computing the face amount of Acceptances outstanding, the face amount of an Acceptance in respect of which the Obligations with respect to such Acceptance have been cash collateralized by Canadian Borrower and received by Canadian Lender that created the same in accordance with the terms of this Agreement shall not be included.

Acceptance Commitment. Subject to the terms and conditions set forth hereinhereof, each Canadian Lender severally agrees that the Canadian Borrower may, at any time and from time to time during the Availability Period, may issue Acceptances denominated in Canadian Dollars, in minimum denominations of Cdn. $C$100,000 or a whole multiple thereof and in minimum aggregate face amounts in connection with any Notice of Drawing of Cdn. $1,000,000 C$2,000,000 or any greater whole multiple of Cdn. $C$100,000, each in accordance with the provisions of this Section 2.03 and in an aggregate face amount 2.04 from time to time until the Maturity Date with respect to such Canadian Lender; provided, that will not result in (i) such Lender’s Applicable Percentage of Total Canadian Outstandings exceeding such Lender’s Canadian Commitment, (iiA) the Total US Dollar equivalent of the aggregate Canadian Outstandings exceeding Credit Exposure shall not exceed the Aggregate aggregate Canadian Commitments, or Commitments at such time and (iiiB) the Total aggregate Credit Exposure shall not exceed the sum of the aggregate US Commitments and the aggregate Canadian Outstandings exceeding an amount that equals the Canadian Borrowing Base then in effectCommitments at such time; provided provided, further, that at all times the outstanding aggregate face amount of all Acceptances made accepted by a Canadian Lender shall shall, subject to subparagrah (c)(ii) below, equal its Applicable Revolving Credit/Committed Loan Canadian Percentage of the outstanding face amount of all Acceptances made by all Canadian Lenders. For purposes of this Agreement, the full face value of an Acceptance, without discount, shall be used when calculations are made to determine the outstanding amount of a Canadian Lender’s Acceptances; provided that in computing the face amount of Acceptances outstanding, the face amount of an Acceptance in respect of which the Obligations with respect to such Acceptance have Obligation has been cash collateralized prepaid by the Canadian Borrower and received by the Canadian Lender that created the same in accordance with the terms of this Agreement shall not be included.

Acceptance Commitment. Subject to the terms and conditions set forth hereinhereof, each Canadian Revolving Lender severally agrees that each Canadian Borrower maymay issue, at under any time and from time to time during the Availability PeriodClass of Canadian Revolving Commitments, issue Acceptances denominated in Canadian Dollars, in minimum denominations of Cdn. $100,000 or a whole multiple thereof C$25,000,000 and in minimum whole multiples of C$5,000,000 in excess thereof (or, if the then aggregate face amounts Available Canadian Revolving Commitments in connection with any Notice respect of Drawing of Cdn. $1,000,000 or any greater whole multiple of Cdn. $100,000such Class are less than C$25,000,000, such lesser amount), each in accordance with the provisions of this Section 2.03 2.10 from time to time until the Revolving Termination Date applicable to such Canadian Revolving Lender; provided, that after giving effect to the issuance of such Acceptance and in an aggregate face amount that will not result in the use of proceeds thereof, (i) the Available Canadian Revolving Commitment of the applicable Class of any Canadian Revolving Lender of such Lender’s Applicable Percentage of Total Canadian Outstandings exceeding such Lender’s Canadian CommitmentClass shall not be less than zero, (ii) the Total Canadian Outstandings exceeding Revolving Extensions of Credit shall not exceed the Aggregate Total Canadian CommitmentsRevolving Commitments then in effect, or (iii) the Total Canadian Outstandings exceeding an amount that equals the Canadian Outstanding Amount of Borrowing Base Debt shall not exceed the Borrowing Base at such time, (iv) the Total Revolving Extensions of Credit shall not exceed the Total Revolving Commitments then in effect and (v) on and after December 3, 2009, (A) the Total 2011 Revolving Extensions of Credit shall not exceed the Total 2011 Revolving Commitments then in effect and (B) the Total 2013 Revolving Extensions of Credit shall not exceed the Total 2013 Revolving Commitments then in effect; provided provided, further, that at all times the outstanding aggregate face amount of all Acceptances made by the Applicable Lending Offices of a Canadian Revolving Lender under the applicable Canadian Revolving Facility shall equal its Applicable applicable Canadian Revolving Credit/Committed Loan Percentage of the outstanding face amount of all Acceptances made by the Applicable Lending Offices of all Canadian LendersRevolving Lenders of such Class. For purposes of this Agreement, the full face value of an Acceptance, without discount, shall be used when calculations are made to determine the outstanding amount Outstanding Amount of a Canadian Revolving Lender’s Acceptances; provided that in computing the face amount of Acceptances outstanding, the face amount of an Acceptance in respect of which the Obligations with respect to such Acceptance have Obligation has been cash collateralized prepaid by a Canadian Borrower and received by the Canadian Revolving Lender that created the same in accordance with the terms of this Agreement shall not be included.

Acceptance Commitment. Subject to the terms and conditions set forth herein, each Canadian Lender severally agrees that Canadian Borrower may, at any time and from time to time during the Availability Period, issue Acceptances denominated in Canadian Dollars, in minimum denominations of Cdn. $100,000 or a whole multiple thereof and in minimum aggregate face amounts in connection with any Notice of Drawing of Cdn. $1,000,000 or any greater whole multiple of Cdn. $100,000, each in accordance with the provisions of this Section 2.03 and in an aggregate face amount that will not result in (i) such Lender’s 's Applicable Percentage of Total Canadian Outstandings exceeding such Lender’s 's Canadian Commitment, (ii) the Total Canadian Outstandings exceeding the Aggregate Canadian Commitments, or (iii) the Total Canadian Outstandings exceeding an amount that equals the Canadian Borrowing Base then in effect; provided that at all times the outstanding aggregate face amount of all Acceptances made by a Canadian Lender shall equal its Applicable Revolving Credit/Committed Loan Percentage of the outstanding face amount of all Acceptances made by all Canadian Lenders. For purposes of this Agreement, the full face value of an Acceptance, without discount, shall be used when calculations are made to determine the outstanding amount of a Canadian Lender’s 's Acceptances; provided that in computing the face amount of Acceptances outstanding, the face amount of an Acceptance in respect of which the Obligations with respect to such Acceptance have been cash collateralized by Canadian Borrower and received by Canadian Lender that created the same in accordance with the terms of this Agreement shall not be included.

Acceptance Commitment. Subject to the terms and conditions set forth herein, each Canadian Lender severally agrees that the Canadian Borrower Borrowers may, at any time and from time to time during the Availability Period, issue Acceptances denominated in Canadian Dollars, in minimum denominations of Cdn. $100,000 Cdn.$100,000 or a whole multiple thereof and in minimum aggregate face amounts in connection with any Notice of Drawing of Cdn. $1,000,000 Cdn.$5,000,000 or any greater whole multiple of Cdn. $100,000Cdn.$100,000, each in accordance with the provisions of this Section 2.03 2.05 and in an aggregate face amount that will not result in (i) such Lender’s Applicable Percentage of Total Canadian Outstandings Exposure exceeding such Lender’s Canadian Commitment, (ii) the Total total Canadian Outstandings Exposure exceeding the Aggregate total Canadian Commitments, or (iii) the Total sum of the total U.S. Exposure and the total Canadian Outstandings Exposure exceeding the Aggregate Commitment or (iv) the total Canadian Exposure exceeding an amount that equals the Canadian Borrowing Base then in effect; provided that at all times the outstanding aggregate face amount of all Acceptances made by a Canadian Lender shall equal its Applicable Revolving Credit/Committed Loan Percentage of the outstanding face amount of all Acceptances made by all Canadian Lenders. For purposes of this Agreement, the full face value of an Acceptance, without discount, shall be used when calculations are made to determine the outstanding amount of a Canadian Lender’s Acceptances; provided that in computing the face amount of Acceptances outstanding, the face amount of an Acceptance in respect of which the Obligations with respect to such Acceptance have Obligation has been cash collateralized by the Canadian Borrower Borrowers and received by the Canadian Lender that created the same in accordance with the terms of this Agreement shall not be included.

Acceptance Commitment. Subject to the terms and conditions set forth hereinhereof, each Canadian Lender severally agrees that the Canadian Borrower may, at any time and from time to time during the Availability Period, may issue Acceptances denominated in Canadian Dollars, in minimum denominations of Cdn. $100,000 Cdn.$100,000 or a whole multiple thereof and in minimum aggregate face amounts in connection with any Notice of Drawing of Cdn. $1,000,000 Cdn.$5,000,000 or any greater whole multiple of Cdn. $100,000Cdn.$100,000, each in accordance with the provisions of this Section 2.03 and 2.04 from time to time until the Maturity Date in an aggregate face amount that will not result in (i) such Lender’s Applicable Percentage of Total 's Canadian Outstandings Exposure exceeding such Lender’s 's Canadian Commitment, (ii) the Total total Canadian Outstandings Exposure exceeding the Aggregate total Canadian Commitments, or (iii) the Total sum of the total U.S. Exposure and the total Canadian Outstandings Exposure exceeding an amount that equals U.S.$425,000,000 or (iv) the total Canadian Exposure exceeding the Canadian Borrowing Base then in effecteffect plus the excess, if any, of (A) the U.S. Borrowing Base then in effect minus (B) the total U.S. Exposure; provided that at all times the outstanding aggregate face amount of all Acceptances made by a Canadian Lender shall equal its Applicable Revolving Credit/Committed Loan Percentage of the outstanding face amount of all Acceptances made by all Canadian Lenders. For purposes of this Agreement, the full face value of an Acceptance, without discount, shall be used when calculations are made to determine the outstanding amount of a Canadian Lender’s 's Acceptances; provided that in computing the face amount of Acceptances outstanding, the face amount of an Acceptance in respect of which the Obligations with respect to such Acceptance have Obligation has been cash collateralized prepaid by the Canadian Borrower and received by the Canadian Lender that created the same in accordance with the terms of this Agreement shall not be included.

Acceptance Commitment. Subject to the terms and conditions set forth hereinhereof, each Canadian Lender severally agrees that the Canadian Borrower may, at any time and from time to time during the Availability Period, may issue Acceptances denominated in Canadian Dollars, in minimum denominations of Cdn. $100,000 Cdn.$100,000 or a whole multiple thereof and in minimum aggregate face amounts in connection with any Notice of Drawing of Cdn. $1,000,000 Cdn.$5,000,000 or any greater whole multiple of Cdn. $100,000Cdn.$100,000, each in accordance with the provisions of this Section 2.03 and 2.04 from time to time until the Maturity Date with respect to such Canadian Lender in an aggregate face amount that will not result in (i) such Lender’s Applicable Percentage of Total 's Canadian Outstandings Exposure exceeding such Lender’s 's Canadian Commitment, (ii) the Total total Canadian Outstandings Exposure exceeding the Aggregate total Canadian Commitments, or (iii) the Total sum of the total U.S. Exposure and the total Canadian Outstandings Exposure exceeding an amount that equals U.S.$400,000,000 or (iv) the total Canadian Exposure exceeding the Canadian Borrowing Base then in effecteffect plus the excess, if any, of (A) the U.S. Borrowing Base then in effect minus (B) the total U.S. Exposure; provided that at all times the outstanding aggregate face amount of all Acceptances made by a Canadian Lender shall equal its Applicable Revolving Credit/Committed Loan Percentage of the outstanding face amount of all Acceptances made by all Canadian Lenders. For purposes of this Agreement, the full face value of an Acceptance, without discount, shall be used when calculations are made to determine the outstanding amount of a Canadian Lender’s 's Acceptances; provided that in computing the face amount of Acceptances outstanding, the face amount of an Acceptance in respect of which the Obligations with respect to such Acceptance have Obligation has been cash collateralized prepaid by the Canadian Borrower and received by the Canadian Lender that created the same in accordance with the terms of this Agreement shall not be included.

Acceptance Commitment. Subject In addition to the terms and conditions set forth hereinrequesting Tranche A Canadian Loans pursuant to subsection 2.1A(ii), each Canadian Lender severally agrees that Canadian Borrower mayCanada Safeway may request pursuant to this Section 4, at any time and from time to time during the Availability Periodperiod from the Closing Date to but excluding the Tranche A Termination Date, issue Acceptances denominated that Canadian Lenders create bankers' acceptances (each, an "ACCEPTANCE") by accepting Drafts from Canada Safeway in an aggregate amount not exceeding each such Canadian DollarsLender's Tranche A Canadian Pro Rata Share of the aggregate amount of the Tranche A Canadian Commitments to be used for the purposes identified in subsection 4.11; provided that Canada Safeway shall not request the creation and purchase of any Acceptance if, after giving effect thereto, the Total Utilization of Tranche A Canadian Commitments would exceed the Tranche A Canadian Commitments then in minimum denominations effect, and no Canadian Lender shall have any obligation to create and purchase any Acceptance if, after giving effect thereto, the Total Utilization of CdnTranche A Canadian Commitments of such Canadian Lender would exceed its Tranche A Canadian Commitment. $100,000 or a whole multiple thereof Each Drawing shall be in an aggregate Face Amount of not less than Cdn.$10,000,000 and in minimum aggregate face amounts in connection with any Notice integral multiples of Drawing Cdn.$1,000,000 and shall consist of Cdn. $1,000,000 or any greater whole multiple the creation and purchase of Cdn. $100,000, each Acceptances by Canadian Lenders on the same day in accordance with the provisions of this Section 2.03 and subsection 4.4, ratably in an aggregate face amount that will not result in (i) such Lender’s Applicable Percentage of Total accordance with their respective Tranche A Canadian Outstandings exceeding such Lender’s Canadian Commitment, (ii) the Total Canadian Outstandings exceeding the Aggregate Canadian Commitments, or (iii) the Total Canadian Outstandings exceeding an amount that equals the Canadian Borrowing Base then in effectPro Rata Shares; provided that at all times if apportionment of Acceptances among the outstanding aggregate face amount Canadian Lenders cannot be made on a pro rata basis in even multiples of all Acceptances made by a Cdn.$100,000, Primary Documentation Agent shall round the allocations among Canadian Lender shall equal its Applicable Revolving Credit/Committed Loan Percentage of Lenders consistent with Primary Documentation Agent's money market practices. Notwithstanding anything herein to the outstanding face amount of all Acceptances made by all Canadian Lenders. For purposes of this Agreementcontrary, the full face value of an Acceptance, without discount, bankers' acceptances (the "EXISTING ACCEPTANCES") described in Appendix A attached to the Indemnity shall be used when calculations are made deemed for all purposes hereunder to determine be Acceptances outstanding under this Agreement and all the outstanding amount of a Canadian Lender’s Acceptances; provided that in computing the face amount of Acceptances outstanding, the face amount of an Acceptance in respect of which the Obligations terms and obligations set forth herein with respect to such Acceptance have been cash collateralized by Canadian Borrower and received by Canadian Lender that created Acceptances shall be applicable to the same in accordance with the terms of this Agreement shall not be includedExisting Acceptances.

Acceptance Commitment. Subject to the terms and conditions set forth hereinhereof, each Canadian Canadian/US Secured Lender severally agrees that Canadian Borrower may, at any time and from time to time during the Availability Period, GM Canada may issue Acceptances denominated in Canadian Dollars, in minimum denominations of Cdn. $100,000 C$5,000,000 or a whole multiple thereof and in minimum aggregate face amounts in connection with any Notice of Drawing of Cdn. $C$1,000,000 or any greater whole multiple of Cdn. $100,000C$1,000,000, each in accordance with the provisions of this Section 2.03 and in an aggregate face amount subsection 2.4 from time to time until the Extended Termination Date with respect to such Canadian/US Secured Lender; provided, that will not result in after giving effect to the issuance of such Acceptance, (i) such Lender’s Applicable Percentage the Available Canadian/US Secured Commitment of Total Canadian Outstandings exceeding such Lender’s Canadian Commitmentany Canadian/US Secured Lender shall not be less than zero, (ii) the Total Canadian Outstandings exceeding Canadian/US Secured Extensions of Credit shall not exceed the Aggregate Canadian Commitments, or aggregate Canadian/US Secured Commitments then in effect of all Canadian/US Secured Lenders and (iii) the Total Canadian Outstandings exceeding an amount that equals Extensions of Credit shall not exceed the Canadian Borrowing Base aggregate Commitments then in effecteffect of all Lenders; provided provided, further, that at all times the outstanding aggregate face amount of all Acceptances made by the Applicable Lending Offices of a Canadian Canadian/US Secured Lender shall equal its Applicable Revolving CreditCanadian/Committed Loan US Secured Commitment Percentage of the outstanding face amount of all Acceptances made by the Applicable Lending Offices of all Canadian LendersCanadian/US Secured Lenders and, provided, further, that any Applicable Lending Office of a Canadian/US Secured Lender to which GM Canada issues Acceptances shall be a Qualifying Canadian/US Lender. For purposes of this Agreement, the full face value of an Acceptance, without discount, shall be used when calculations are made to determine the outstanding amount of a Canadian Canadian/US Secured Lender’s 's Acceptances; provided that in computing the face amount of Acceptances outstanding, the face amount of an Acceptance in respect of which the Obligations with respect to such Acceptance have Obligation has been cash collateralized prepaid by Canadian Borrower GM Canada and received by Canadian the Canadian/US Secured Lender that created the same in accordance with the terms of this Agreement shall not be included.

Acceptance Commitment. Subject to the terms and conditions set forth hereinhereof (including, without limitation, the occurrence of the Canadian Trigger Date), each Canadian Lender severally agrees that the Canadian Borrower may, at any time and from time to time during the Availability Period, may issue Acceptances denominated in Canadian Dollars, in minimum denominations of Cdn. $C$100,000 or a whole multiple thereof and in minimum aggregate face amounts in connection with any Notice of Drawing of Cdn. $1,000,000 C$2,000,000 or any greater whole multiple of Cdn. $C$100,000, each in accordance with the provisions of this Section 2.03 and in an aggregate face amount 2.4 from time to time until the Revolving Loan Commitment Expiration Date with respect to such Canadian Lender; provided, that will not result in (iA) such Lender’s Applicable Percentage of Total Canadian Outstandings exceeding such Lender’s Canadian Commitment, (ii) the Total Canadian Outstandings exceeding the Aggregate Canadian Commitments, or (iii) the Total Canadian Outstandings exceeding an amount that equals Borrower Credit Exposure shall not exceed the Canadian Borrowing Base then in effect, (B) the Aggregate Canadian Credit Exposure shall not exceed the Aggregate Canadian Revolving Loan Commitment at such time, (C) the Aggregate Credit Exposure shall not exceed the sum of the US Borrowing Base and the Canadian Borrowing Base then in effect and (D) the Aggregate Credit Exposure shall not exceed the sum of the Aggregate US Revolving Loan Commitment and the Aggregate Canadian Revolving Loan Commitment at such time; provided provided, further, that at all times the outstanding aggregate face amount of all Acceptances made by a Canadian Lender shall equal its Applicable Canadian Revolving Credit/Committed Loan Commitment Percentage of the outstanding face amount of all Acceptances made by all Canadian Lenders. For purposes of this Agreement, the full face value of an Acceptance, without discount, shall be used when calculations are made to determine the outstanding amount of a Canadian Lender’s 's Acceptances; provided that in computing the face amount of Acceptances outstanding, the face amount of an Acceptance in respect of which the Obligations with respect to such Acceptance have Obligation has been cash collateralized prepaid by the Canadian Borrower and received by the Canadian Lender that created the same in accordance with the terms of this Agreement shall not be included.

Acceptance Commitment. Subject to the terms and conditions set forth hereinhereof, each Canadian Revolving Lender of any Class severally agrees that each Canadian Borrower maymay issue, at any time and from time to time during the Availability Periodunder such Class of Canadian Revolving Commitments, issue Acceptances denominated in Canadian Dollars, in minimum denominations of Cdn. $100,000 or a whole multiple thereof C$25,000,000 and in minimum whole multiples of C$5,000,000 in excess thereof (or, if the then aggregate face amounts Available Canadian Revolving Commitments in connection with any Notice respect of Drawing of Cdn. $1,000,000 or any greater whole multiple of Cdn. $100,000such Class are less than C$25,000,000, such lesser amount), each in accordance with the provisions of this Section 2.03 2.10 from time to time until the Revolving Termination Date applicable to such Class; provided, that after giving effect to the issuance of such Acceptance and in an aggregate face amount that will not result in the use of proceeds thereof, (i) the Available Canadian Revolving Commitment of the applicable Class of any Canadian Revolving Lender of such Lender’s Applicable Percentage of Total Canadian Outstandings exceeding such Lender’s Canadian CommitmentClass shall not be less than zero, (ii) the Total Canadian Outstandings exceeding Revolving Extensions of Credit shall not exceed the Aggregate Total Canadian CommitmentsRevolving Commitments then in effect, or (iii) [Reserved], (iv) the Total Canadian Outstandings exceeding an amount that equals Revolving Extensions of Credit shall not exceed the Canadian Borrowing Base Total Revolving Commitments then in effect and (v) (A) the Total 2017 Revolving Extensions of Credit shall not exceed the Total 2017 Revolving Commitments then in effect and (B) the Total 2019 Revolving Extensions of Credit shall not exceed the Total 2019 Revolving Commitments then in effect; provided provided, further, that at all times the outstanding aggregate face amount of all Acceptances made by the Applicable Lending Offices of a Canadian Revolving Lender under the applicable Canadian Revolving Facility shall equal its Applicable applicable Canadian Revolving Credit/Committed Loan Percentage of the outstanding face amount of all Acceptances made by the Applicable Lending Offices of all Canadian LendersRevolving Lenders of such Class. For purposes of this Agreement, the full face value of an Acceptance, without discount, shall be used when calculations are made to determine the outstanding amount Outstanding Amount of a Canadian Revolving Lender’s Acceptances; provided that in computing the face amount of Acceptances outstanding, the face amount of an Acceptance in respect of which the Obligations with respect to such Acceptance have Obligation has been cash collateralized prepaid by a Canadian Borrower and received by the Canadian Revolving Lender that created the same in accordance with the terms of this Agreement shall not be included.