Common use of Assumptions of the Administrative Agent Clause in Contracts

Assumptions of the Administrative Agent. Unless the Administrative Agent shall have received notice from a Canadian Lender prior to the date of any Drawing that such Canadian Lender will not make available to it such Canadian Lender’s ratable share of the proceeds of such Drawing, in accordance with Section 2.16(a), the Administrative Agent may assume that such Canadian Lender has made such ratable share available to it on the date of such Drawing in accordance with Section 2.16(a) and the Administrative Agent may, in reliance upon such assumption, make available to the Canadian Borrower on such date a corresponding amount. If and to the extent that any such Canadian Lender shall not have so made such ratable share available to the Administrative Agent, such Canadian Lender and the Canadian Borrower severally agree to repay or pay to the Administrative Agent forthwith on demand such corresponding amount, together with interest thereon, for each day from the date such amount is made available to the Canadian Borrower until the date such amount is repaid or paid to the Administrative Agent, at (i) in the case of the Canadian Borrower, a rate per annum equal to the BA Rate used in calculating the Drawing Purchase Price with respect to such Drawing, and (ii) in the case of such Canadian Lender, the Canadian Interbank Rate. If such Canadian Lender shall pay to the Administrative Agent such corresponding amount, such amount so paid shall constitute such Canadian Lender’s ratable share of the proceeds of such Drawing for all purposes under this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Olin Corp), Credit Agreement (Olin Corp)

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Assumptions of the Administrative Agent. Unless the Administrative Agent shall have received notice from a Canadian Revolving Lender prior to the date of any Drawing that such Canadian Revolving Lender will not make available to it such Canadian Revolving Lender’s ratable share of the proceeds of such Drawing, in accordance with Section 2.16(a2.03(a), the Administrative Agent may assume that such Canadian Lender has made such ratable share available to it on the date of such Drawing in accordance with Section 2.16(a2.03(a) and the Administrative Agent may, in reliance upon such assumption, make available to the Canadian Borrower on such date a corresponding amount. If and to the extent that any such Canadian Revolving Lender shall not have so made such ratable share available to the Administrative Agent, such Canadian Revolving Lender and the Canadian Borrower severally agree to repay or pay to the Administrative Agent forthwith on demand such corresponding amount, together with interest thereon, for each day from the date such amount is made available to the Canadian Borrower until the date such amount is repaid or paid to the Administrative Agent, at (i) in the case of the applicable Canadian Borrower, a rate per annum equal to the BA Rate used in calculating the Drawing Purchase Price with respect to such Drawing, and (ii) in the case of such Canadian Revolving Lender, the Canadian Interbank Rate. If such Canadian Revolving Lender shall pay to the Administrative Agent such corresponding amount, such amount so paid shall constitute such Canadian Revolving Lender’s ratable share of the proceeds of such Drawing for all purposes under this Agreement. With respect to payments under this paragraph (e), a Canadian Revolving Lender shall be subject to the same obligations as the Canadian Borrower, under Section 2.19(a).

Appears in 1 contract

Samples: Credit Agreement (Intertape Woven Products Services S.A. De C.V.)

Assumptions of the Administrative Agent. Unless the Administrative Agent shall have received notice from a Canadian Multicurrency Lender prior to the date of any Drawing that such Canadian Lender will not make available to it such Canadian Lender’s 's ratable share of the proceeds Drawing Purchase Price of such Drawing, Drawing in accordance with Section 2.16(a2.04(a), the Administrative Agent may assume that such Canadian Lender has made such ratable share available to it on the date of such Drawing in accordance with Section 2.16(a2.04(a) and the Administrative Agent may, in reliance upon such assumption, make available to the Canadian Borrower on such date a corresponding amount. If and to the extent that any such Canadian Lender shall not have so made such ratable share available to the Administrative Agent, such Canadian Lender and the Canadian Borrower severally agree to repay or pay to the Administrative Agent forthwith on demand such corresponding amount, together with interest thereon, for each day from the date such amount is made available to the Canadian such Borrower until the date such amount is repaid or paid to the Administrative Agent, at (i) in the case of the Canadian Borrower, a rate per annum equal to the BA Rate used in calculating the Drawing Purchase Price with respect to such Drawing, and (ii) in the case of such Canadian Lender, the Canadian Interbank Ratecost of funds incurred by the Administrative Agent in respect of such amount. If such Canadian Lender shall pay to the Administrative Agent such corresponding amount, such amount so paid shall constitute such Canadian Lender’s ratable share of the proceeds 's Bankers' Acceptance as part of such Drawing for all purposes under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (WHX Corp)

Assumptions of the Administrative Agent. Unless the Administrative Agent shall have received notice from a Canadian Lender prior to the date of any Drawing that such Canadian Lender will not make available to it such Canadian Lender’s ratable share of the proceeds of such Drawing, in accordance with Section 2.16(a2.18(a), the Administrative Agent may assume that such Canadian Lender has made such ratable share available to it on the date of such Drawing in accordance with Section 2.16(a2.18(a) and the Administrative Agent may, in reliance upon such assumption, make available to the applicable Canadian Borrower on such date a corresponding amount. If and to the extent that any such Canadian Lender shall not have so made such ratable share available to the Administrative Agent, such Canadian Lender and the Canadian Borrower Borrowers severally agree to repay or pay to the Administrative Agent forthwith on demand such corresponding amount, together with interest thereon, for each day from the date such amount is made available to the applicable Canadian Borrower until the date such amount is repaid or paid to the Administrative Agent, at (i) in the case of the applicable Canadian Borrower, a rate per annum equal to the BA Rate used in calculating the Drawing Purchase Price with respect to such Drawing, and (ii) in the case of such Canadian Lender, the Canadian Interbank Rate. If such Canadian Lender shall pay to the Administrative Agent such corresponding amount, such amount so paid shall constitute such Canadian Lender’s ratable share of the proceeds of such Drawing for all purposes under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Laidlaw International Inc)

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Assumptions of the Administrative Agent. Unless the Administrative Agent shall have received notice from a Canadian Lender prior to the date of any Drawing that such Canadian Lender will not make available to it such Canadian Lender’s 's ratable share of the proceeds of such Drawing, in accordance with Section 2.16(a2.18(a), the Administrative Agent may assume that such Canadian Lender has made such ratable share available to it on the date of such Drawing in accordance with Section 2.16(a2.18(a) and the Administrative Agent may, in reliance upon such assumption, make available to the applicable Canadian Borrower on such date a corresponding amount. If and to the extent that any such Canadian Lender shall not have so made such ratable share available to the Administrative Agent, such Canadian Lender and the Canadian Borrower Borrowers severally agree to repay or pay to the Administrative Agent forthwith on demand such corresponding amount, together with interest thereon, for each day from the date such amount is made available to the applicable Canadian Borrower until the date such amount is repaid or paid to the Administrative Agent, at (i) in the case of the applicable Canadian Borrower, a rate per annum equal to the BA Rate used in calculating the Drawing Purchase Price with respect to such Drawing, and (ii) in the case of such Canadian Lender, the Canadian Interbank Rate. If such Canadian Lender shall pay to the Administrative Agent such corresponding amount, such amount so paid shall constitute such Canadian Lender’s 's ratable share of the proceeds of such Drawing for all purposes under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Laidlaw International Inc)

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