Acceptances. A. The Schedules form part of this contract and shall have effect as if set out in full in the body of this agreement. Any reference to this contract includes the Schedules.
Acceptances a. The above terms and conditions are considered to be fair and reasonable. In the event of any term found by a Court of Law to be unreasonable then the clause shall be removed but the agreement shall remain in full force and effect.
Acceptances. (a) In addition to requesting Committed Canadian Loans pursuant to Section 2.01(b), the Canadian Borrower may request pursuant to this Section 2.03(a), from time to time during the Availability Period, that the Canadian Lenders create bankers’ acceptances (each, an “Acceptance”) by accepting Drafts from the Canadian Borrower in an aggregate amount not exceeding each of the Canadian Lender’s Commitments; provided that the Canadian Borrower shall not request the creation and purchase of any Acceptance if, after giving effect thereto, the sum of (i) Total Outstandings with respect to Canadian Loans, Letters of Credit and Acceptance Usage would exceed the Aggregate Canadian Commitments then in effect, and no Canadian Lender shall have any obligation to create and purchase any Acceptance if, after giving effect thereto, the sum of (i) Total Outstandings with respect to Canadian Loans and Letters of Credit of such Canadian Lender plus (ii) such Canadian Lender’s Pro Rata Share of all Canadian Swing Line Loans, plus (iii) the aggregate Acceptance Usage of such Canadian Lender would exceed its Commitment with respect to Canadian Loans, Canadian Letters of Credit and Acceptances. Each Drawing shall be in an aggregate Face Amount of not less than Cdn.$3,000,000 and in integral multiples of Cdn.$100,000 and shall consist of the creation and purchase of Acceptances by Canadian Lenders on the same day in accordance with Section 2.03, ratably in accordance with their respective Pro Rata Shares; provided that if apportionment of Acceptances among the Canadian Lenders cannot be made on a pro rata basis in even multiples of Cdn.$100,000, the Canadian Administrative Agent shall round the allocations among Canadian Lenders consistent with the Canadian Administrative Agent’s money market practices. There shall not be more than eight (8) Drawings in effect with respect to Acceptances. Whenever the Canadian Borrower requests the Canadian Lenders to create Acceptances, each Canadian Lender that is not permitted by applicable law or by customary market practice to accept an Acceptance (a “Non BA Lender”) shall, in lieu of accepting its pro rata amount of such Acceptances, make available to the Canadian Borrower on the Drawing Date a loan (a “BA Equivalent Loan”) in Canadian Dollars and in an amount equal to the Drawing Purchase Price of the Acceptances that the Non BA Lender would have been required to accept on the Drawing Date if it were able to accept Acceptances. To the exten...
Acceptances. Each Acceptance shall be created upon a Request by the Bank's acceptance of a draft in form and substance satisfactory to the Bank (each a "Draft"). Each Draft shall: (i) be drawn on the Bank by or on behalf or for the account of the Borrowers in accordance with the provisions hereof ; (ii) have a minimum face amount of $100,000.00; (iii) be for the purpose of financing only those transactions permitted by Subsection 7 of Section 13 of the Federal Reserve Act, as amended from time to time; and (iv) mature not more than 180 days after the date thereof (provided that, if such date is not a Business Day, the maturity shall be extended to the next succeeding Business Day). However, no Draft shall mature after the Expiration Date. The Borrowers hereby warrant that any Acceptances relating to the importation or exportation of goods or relating to the domestic shipment of goods shall: (i) not have a term in excess of the period of time which is usual and reasonably necessary to finance transactions of the character of the underlying import or export transaction or the underlying domestic shipment; (ii) not, together with all other Acceptances relating to any such shipment, have an aggregate face amount exceeding the CIF value of such shipment; and (iii) not be created more than 30 days after the date of shipment of goods to which such Acceptance relates. Acceptances relating to the storage of goods shall be subject to the further conditions that: (i) at the time such Acceptance is created, the goods being stored are covered by a warehouse receipt issued by a bonded warehouse independent of the Borrowers and acceptable to the Bank; (ii) the goods covered by the warehouse receipt are readily marketable staples (as such term is defined in Section 13 of the Federal Reserve Act by the Board of Governors of the Federal Reserve System or by Federal Reserve Bulletins) held pending a reasonably immediate sale, distribution or shipment; and (iii) the face amount of the Acceptance relating to such goods does not exceed the fair market value of the goods.
Acceptances. No acceptances other than an acceptance of a Draft by a Lender hereunder have been or shall be outstanding with respect to the goods covered by or relating to such Draft.
Acceptances. The undersigned representative of Client has the authority to enter into this Agreement on behalf of Client. Client agrees to cooperate and to provide Contractor with everything needed to complete the Services as, when and in the format requested by Contractor. Contractor has the experience and ability to do everything Contractor agreed to for Client and will do it all in a professional and timely manner. Contractor will endeavor to meet every deadline that’s set and to meet the expectation for Services to the best of its abilities.
Acceptances. In lieu of the Fronting Bank honoring its Disbursement obligation, the U.S. Borrower, the Warnaco Sub Borrowers and the Sub Borrower hereby irrevocably authorize and direct the Fronting Bank to create Acceptances upon the presentation of drafts to the Fronting Bank for acceptance by the Fronting Bank as Acceptances pursuant to this Agreement, provided that such Acceptances shall be properly executed and drawn by the U.S. Borrower, any Warnaco Sub Borrower, the Sub Borrower or (provided that the Letter of Credit giving rise to such Disbursement obligation was issued for the account of the U.S. Borrower, any Warnaco Sub Borrower or the Sub Borrower) any Letter of Credit Beneficiary (each such party referred to as a "Drawer"). To facilitate the acceptance of Acceptances drawn by the U.S. Borrower, the Warnaco Sub Borrowers or the Sub Borrower, each of the U.S. Borrower, the Warnaco Sub Borrowers and the Sub Borrower shall from time to time as required by the Fronting Bank provide to the Fronting Bank an appropriate number of executed drafts drawn in blank by such Borrower in the form prescribed by the Fronting Bank. The U.S. Borrower, the Warnaco Sub Borrowers or the Sub Borrower may, at their option, execute any draft so presented by the facsimile signature or signatures of any one or more designated signing officers of such Borrower. In any event, the Fronting Bank is hereby authorized to accept or pay, as the case may be, any draft of a Drawer which purports to bear its facsimile signature or signatures notwithstanding that any such individual has ceased to be a designated signing officer of such Drawer and any such draft or Acceptance shall be as valid as if such individual were a designated signing officer of such Drawer at the date of issue of such Acceptance. Each draft or Acceptance not originally executed by a Drawer (but instead executed by facsimile, stamp or otherwise) may be dealt with by the Fronting Bank for all intents and purposes and shall bind each Borrower as if duly originally executed by the applicable Drawer's authorized officer (or other person with authority to bind such Drawer) and issued by such Borrower. Without limiting the effect of the indemnity provided under Section 11.4 but in addition to such provision, each of the U.S. Borrower, the Sub Borrower and each Warnaco Sub Borrower will and hereby does undertake to hold the Fronting Bank harmless against, and to indemnify, and each such Borrower hereby does agree to indemnify, the...
Acceptances. Require the Borrower to pay immediately to the Bank, for application against outstanding Acceptances, the outstanding principal amount of any such Acceptances which have not matured. Any portion of the amount so paid to the Bank which is not applied to repayments on any such matured Acceptances or any other obligations of the Borrower to the Bank shall be repaid to the Borrower.
Acceptances. Subject to the terms and conditions set forth in this Agreement, each Issuing Bank hereby severally agrees to extend credit to the Borrowers, during the period from the Closing Date to the Acceptance Termination Date, by creating acceptances ("Acceptances") for the account of the Borrowers from time to time up to an aggregate amount at any one time outstanding for all Borrowers equal to $10,000,000, subject to the following provisions:
Acceptances. Government Date of Acceptance Entry into force only when the customs authorities agree to the request to reverse the order of Articles 5 and 6; - reserves the right to provide that paragraph 2 of Article 5 of the Agreement shall be applied in accordance with the provisions of the relevant note thereto whether or not the importer so requests. Uruguay will avail itself of the powers and possibilities to make reservations established in the framework of special and differential treatment for developing countries of the WTO Agreement on Import Licensing Procedures. To this end, the Government of Uruguay will delay for a period of two years from the date of entry into force of the WTO the application of the subparagraphs (a)(ii) and (a)(iii) of Article 2.2 of the Agreement on Import Licensing Procedures, in accordance with footnote 5 of the same Agreement. Venezuela (Subject to ratification) ................................... Ratification ................................................................. The Government of Venezuela, availing itself of the provisions of Article 20, "Special and Differential Treatment" of the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994, formally notifies its decision to delay the application of the provisions of the Agreement for five years. Likewise, the Government of Venezuela, availing itself of the provisions of Article 20, paragraph 2, of the said Agreement, formally notifies its decision to delay the application of paragraph 2(b)(iii) of Article 1 and Article 6 for three years from the date of application of all other provisions of the Agreement. On the basis of paragraph 2 of Annex III, the Government of Venezuela makes a reservation with respect to the retention of officially established minimum values. Venezuela also reserves the right to provide that the relevant provision of Article 4 of the Agreement shall apply only when the customs authorities agree to the request to reverse the order of Articles 5 and 6. In accordance with paragraph 4 of Annex III, Venezuela reserves the right to provide that paragraph 2 of Article 5 of the Agreement shall be applied in accordance with the provisions of the relevant note thereto whether or not the importer so requests. The Government of Venezuela, in accordance with footnote 5 of paragraph 2 of Article 2, "Import Licensing Procedures", formally notifies its decision to delay the application of sub-paragraphs (a)(ii) and (a)(iii) for...
