Common use of Acceptances and Drafts Clause in Contracts

Acceptances and Drafts. Subject to the terms and conditions set forth herein, each Multicurrency Revolving Lender severally agrees, on any Business Day during the Availability Period (i) in the case of each Multicurrency Revolving Lender that is willing and able to accept Drafts (a “BA Lender”), to create bankers’ acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.05(c); and (ii) in the case of each Multicurrency Revolving Lender that is unwilling or unable to accept Drafts (a “Non BA Lender”), to purchase non-interest bearing promissory notes (in form and substance acceptable to the Borrower and such Multicurrency Revolving Lender) (each, a “BA Equivalent Note”) in accordance with Section 2.05(c); provided, however, that after giving effect to any Drawing, (i) the Total Revolving Outstandings shall not exceed the Aggregate Commitments, (ii) the Total Multicurrency Revolving Outstandings shall not exceed the aggregate Multicurrency Revolving Commitments, and (iii) the Revolving Credit Exposure of any Multicurrency Revolving Lender shall not exceed such Multicurrency Revolving Lender’s Multicurrency Revolving Commitment (other than as described in Section 2.04 with respect to the Swing Line Lender).

Appears in 4 contracts

Samples: Revolving Credit and Term Loan Agreement (Waste Connections, Inc.), Revolving Credit and Term Loan Agreement (Waste Connections, Inc.), Revolving Credit and Term Loan Agreement (Waste Connections, Inc.)

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Acceptances and Drafts. Subject to the terms and conditions set forth herein, each Multicurrency (i) Each Revolving Lender severally agrees, on the terms and conditions of this Agreement and from time to time on any Business Day during prior to the Availability Period applicable Maturity Date (iA) in the case of each Multicurrency a Revolving Lender that which is willing and able to accept Drafts (a “BA Lender”)Drafts, to create bankers’ acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.05(c); 2.24(c)(ii)(A) hereof, and (iiB) in the case of each Multicurrency a Revolving Lender that is unwilling or unable to accept Drafts (a “Non BA Lender”), to purchase non-interest bearing promissory notes (in form and substance acceptable to the Borrower and such Multicurrency Revolving Lender) (each, a “BA Equivalent NoteLender), to purchase completed Drafts (which have not and will not be accepted by such Revolving Lender or any other Revolving Lender) in accordance with Section 2.05(c)2.24(c)(ii)(B) hereof; providedprovided that, however, that after giving effect to the creation or purchase of any DrawingBankers’ Acceptances or the purchase of any Drafts, (ix) the Total Utilization of Revolving Outstandings Commitments shall not exceed the Aggregate CommitmentsRevolving Commitments then in effect and (y) the aggregate Outstanding Amount of the Revolving Loans of any Lender, plus both (i) such Lender’s Pro Rata Share of the Outstanding Amount of any BA Exposure and (ii) such Lender’s Pro Rata Share of the Total Multicurrency Revolving Outstandings shall not exceed the aggregate Multicurrency Revolving CommitmentsOutstanding Amount of L/C Obligations, and (iii) the Revolving Credit Exposure of any Multicurrency Revolving Lender shall not exceed such Multicurrency Revolving Lender’s Multicurrency Revolving Commitment (other than as described then in Section 2.04 with respect to the Swing Line Lender)effect.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Concordia Healthcare Corp.)

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