Administrative Agent’s Discretion on Allocation. In the event that it is not practicable to:
(a) allocate an Accommodation based on each Lender's Rateable Portion in accordance with Section 3.2 or 4.1(2) by reason of the occurrence of circumstances described in Section 9.4; or
(b) allocate a Drawing among the Lenders in accordance with Section 4.1(2), by reason of the need to ensure that each Bankers' Acceptance is in a Face Amount as required by Section 2.1(5)(b); the Administrative Agent is authorized by the Borrower and each Lender to make such allocation as the Administrative Agent determines in its sole and unfettered discretion may be equitable in the circumstances, subject in all cases to Section 2.1. All fees in respect of any such Drawing, and fees payable under Section 2.6(a), shall be adjusted, as among the Lenders, by the Administrative Agent accordingly.
Administrative Agent’s Discretion on Allocation. If it is not practicable to allocate Bankers' Acceptances to each Syndicated Lender such that the aggregate amount of Bankers' Acceptances required to be purchased by such Syndicated Lender hereunder is in a whole multiple of Cdn. $100,000, the Administrative Agent is authorized by the Borrower and each Syndicated Lender: (i) to make such allocation as the Administrative Agent determines in its sole and unfettered discretion may be equitable in the circumstances, or (ii) in its sole and unfettered discretion, to convert a portion of a Bankers' Acceptance accepted by such Syndicated Lender to a Prime Loan pursuant to Section 3.11. In no event shall the outstanding Syndicated Borrowings 9617679.9 57
of a Syndicated Lender exceed its Applicable Percentage by more than Cdn. $100,000 as a result of such exercise of discretion by the Administrative Agent. In the event it is not practicable to allocate each basis of Syndicated Borrowing in accordance with Section 3.10(a) by reason of the occurrence of circumstances described in Sections 11.1, 11.4 or 11.5, the Administrative Agent is authorized by the Borrower and each Lender to make such allocation as the Administrative Agent determines in its sole and unfettered discretion may be equitable in the circumstances, but no Syndicated Lender shall, as a result of any such allocation, have any Syndicated Borrowings outstanding in an amount which is in excess of its Syndicated Facility Commitment.
Administrative Agent’s Discretion on Allocation. In the event that it is not practicable to allocate to each Revolving Lender its Rateable Portion of an Accommodation in accordance with Section 3.2 by reason of the occurrence of circumstances described in Article 11, the Administrative Agent is authorized by the Borrower and each Revolving Lender to make such allocation as the Administrative Agent determines in its sole and unfettered discretion may be equitable in the circumstances. All fees in respect of and repayments in connection with any such Accommodation, as well as future Accommodations, shall be adjusted as among the Revolving Lenders by the Administrative Agent accordingly.
Administrative Agent’s Discretion on Allocation. In the event that it is not practicable to:
(a) allocate to each relevant Pro Rata Lender its Rateable Portion of an Accommodation in accordance with Section 3.2 or 4.1(2) by reason of the occurrence of circumstances described in Article 11; or
(b) allocate a Drawing among the relevant Pro Rata Lenders in accordance with Section 4.1(2) such that the aggregate amount of Bankers’ Acceptances required to be accepted hereunder complies with the minimum amounts or increments set forth in Section 2.1(4); the Administrative Agent is authorized by the Borrower and each relevant Pro Rata Lender to make such allocation as the Administrative Agent determines in its sole and unfettered discretion may be equitable in the circumstances. All fees in respect of and repayments in connection with any such Accommodation, as well as future Accommodations, shall be adjusted as among the relevant Pro Rata Lenders by the Administrative Agent accordingly.
Administrative Agent’s Discretion on Allocation. In the event that it is not practicable to:
(1) allocate an Accommodation pro rata in accordance with sections 3.2, 4.1(2) or 5.4 by reason of the occurrence of circumstances described in Article 11;
(2) allocate a Drawing among the Lenders in accordance with section 4.1(2) such that the aggregate amount of Bankers' Acceptances required to be accepted hereunder complies with the minimum amounts or increments set forth in section 2.1(4); or
(3) allocate an Issuance among the Lenders such that the Letter of Credit required to be issued by each Lender complies with the reasonable commercial requirements of the Borrower or the Beneficiary; the Administrative Agent is authorized by the Borrower and each Lender to make such allocation as the Administrative Agent determines in its sole and unfettered discretion may be equitable in the circumstances. All fees in respect of any such Drawing or Issuance shall be adjusted, as among the Lenders, by the Administrative Agent accordingly.
