Availment Options. Subject to the restrictions contained in this Agreement (and in particular, Sections 5.02 and 5.03), the Borrower may receive Advances under Facility B by any one or more of the following Availment Options (or any combination thereof):
(a) Prime-Based Loans; or
(b) Bankers' Acceptances from BA Lenders with a maturity between 28 and 182 days (inclusive), subject to availability; or
(c) BA Equivalent Loans from Non-BA Lenders with a maturity between 28 and 182 days (inclusive), subject to availability. Bankers' Acceptances and BA Equivalent Loans will not be issued with a maturity date later than the Maturity Date. The Borrower may convert all or any portion of the Outstanding Principal Amount under Facility B in the form of any above Availment Option into another form of Availment Option, subject to and in accordance with the terms and conditions of this Agreement (but for greater certainty, Bankers' Acceptances and BA Equivalent Loans may not be converted into another Availment Option prior to the maturity thereof).
Availment Options. Subject to the restrictions contained in this Agreement (and in particular, Sections 5.02 and 5.03), the Borrower may receive Advances under Facility A from each Lender by any one or more of the following Availment Options (or any combination thereof):
(a) Prime Based Loans; or
(b) Bankers' Acceptances from BA Lenders with a maturity between 28 and 182 days (inclusive), subject to availability; or
(c) BA Equivalent Loans from Non-BA Lenders with a maturity between 28 and 182 days (inclusive), subject to availability; or
(d) Letters of Credit, subject to Section 2.09. Bankers' Acceptances and BA Equivalent Loans will not be issued with a maturity date later than the Maturity Date. The Borrower may convert all or any portion of the Outstanding Principal Amount under Facility A in the form of any above Availment Option into another form of Availment Option denominated in the same currency, subject to and in accordance with the terms and conditions of this Agreement (but for greater certainty, Bankers' Acceptances and BA Equivalent Loans may not be converted into another Availment Option prior to the maturity thereof).
Availment Options. (a) Subject to the restrictions contained in this Agreement (and in particular, Sections 7.02 and 7.03) each Canadian Borrower may receive Advances under Facility C by any one or more of the following Availment Options (or any combination thereof):
(i) Canadian Prime Rate Loans;
(ii) U.S. Base Rate Loans;
(iii) Bankers' Acceptances, each having a maturity between 28 and 182 days (inclusive), subject to availability;
(iv) BA Equivalent Loans from Non-BA Lenders with a maturity between 28 and 182 days (inclusive), subject to availability; or
(v) LIBOR Loans with a LIBOR Period of one (1), two (2) or three (3) months, subject to availability.
(b) Subject to the restrictions contained in this Agreement (and in particular, Sections 7.02 and 7.03) each U.S. Borrower may receive Advances under Facility C by any one or more of the following Availment Options (or any combination thereof):
(i) U.S. Prime Rate Loans; or
(ii) LIBOR Loans with a LIBOR Period of one (1), two (2) or three (3) months, subject to availability.
(c) Bankers' Acceptances, BA Equivalent Loans and LIBOR Loans will not be issued which in the opinion of the Lenders could result in the Facility C Limit being exceeded at any time. The Outstanding Advances under Facility C in the form of any above Availment Option may be converted into another form of Availment Option, subject to and in accordance with the terms and conditions of this Agreement (but for greater certainty, Bankers' Acceptances, BA Equivalent Loans and LIBOR Loans may not be converted into another Availment Option prior to the maturity thereof).
Availment Options. Subject to the restrictions contained in this Agreement (and in particular, Sections 5.02 and 5.03), the Borrower may receive Advances under Facility A by any one or more of the following Availment Options (or any combination thereof):
(a) Prime-Based Loans; or
(b) Bankers' Acceptances from BA Lenders with a maturity between 28 and 182 days (inclusive), subject to availability; or
(c) BA Equivalent Loans from Non-BA Lenders with a maturity between 28 and 182 days (inclusive), subject to availability; or
(d) CDOR Loans with a CDOR Period of one (1), three (3) or six (6) months, subject to availability; or
(e) Letters of Credit, subject to Section 2.08. Bankers' Acceptances, BA Equivalent Loans and CDOR Loans will not be issued with a maturity date later than the Maturity Date. The Borrower may convert all or any portion of the Outstanding Principal Amount under Facility A in the form of any above Availment Option into another form of Availment Option, subject to and in accordance with the terms and conditions of this Agreement (but for greater certainty, Bankers’ Acceptances. BA Equivalent Loans and CDOR Loans may not be converted into another Availment Option prior to the maturity thereof).
Availment Options. (a) Subject to the restrictions contained in this Agreement (and in particular, Sections 3.02 and 3.03) the Borrower may receive Advances under Facility A by any one (1) or more of the following Availment Options (or any combination thereof):
(i) Canadian Prime Rate Loans;
(ii) Bankers' Acceptances, each having a maturity between twenty-eight (28) and one hundred and eighty-two (182) days (inclusive), subject to availability; or
(iii) BA Equivalent Loans from Non-BA Lenders with a maturity between twenty-eight (28) and one hundred and eighty-two (182) days (inclusive), subject to availability;
(b) Bankers' Acceptances and BA Equivalent Loans will not be issued which in the opinion of the Lenders could result in the Facility A Limit being exceeded at any time. The Outstanding Advances under Facility A in the form of any above Availment Option may be converted into another form of Availment Option, subject to and in accordance with the terms and conditions of this Agreement (but for greater certainty, Bankers' Acceptances and BA Equivalent Loans may not be converted into another Availment Option prior to the maturity thereof).
Availment Options. Subject to the restrictions contained in this Agreement (and in particular, Sections 5.02 and 5.03), the Borrower may receive Advances under each Non-Revolving Facility by any one or more of the following Availment Options (or any combination thereof):
(a) Prime-Based Loans; or
(b) Bankers' Acceptances from BA Lenders with a maturity between 28 and 182 days (inclusive), subject to availability; or
(c) BA Equivalent Loans from Non-BA Lenders with a maturity between 28 and 182 days (inclusive), subject to availability; or
(d) CDOR Loans with a CDOR Period of one (1), three (3) or six (6) months, subject to availability.
Availment Options. Subject to the restrictions contained in this Agreement (and in particular, sections 5.02 and 5.03), the Borrower may receive Advances under Facility 1 by any one or more of the following Availment Options (or any combination thereof):
(a) Prime Rate Loans; or
(b) Bankers' Acceptances from BA Lenders with a maturity between 28 and 182 days (inclusive), subject to availability; or
(c) BA Equivalent Loans from Non-BA Lenders with a maturity between 28 and 182 days (inclusive), subject to availability; or
(d) Base Rate Loans; or
(e) LIBOR Loans with a LIBOR Period of one (1), two (2) or three (3) months, subject to availability. Bankers' Acceptances, BA Equivalent Loans and LIBOR Loans will not be issued with a maturity date later than the Maturity Date. The Borrower may convert all or any portion of the Outstanding Advances under Facility 1 in the form of any above Availment Option into another form of Availment Option, subject to and in accordance with the terms and conditions of this Agreement (but for greater certainty, Bankers' Acceptances, BA Equivalent Loans and LIBOR Loans may not be converted into another Availment Option prior to the maturity thereof).
Availment Options. From and after the Effective Date and relying on each of the representations and warranties set out in Article 2 and subject to the terms and conditions of this Agreement:
(i) each Syndicated Xxxxxx agrees to make Syndicated Accommodations available to the Borrower, up to the amount of its Syndicated Facility Commitment, by way of a non-revolving term credit facility for the purposes set forth in Section 3.4(a), commencing on the Effective Date and ending on the Maturity Date (the “Syndicated Facility”); and
(ii) the Operating Xxxxxx agrees to make Operating Accommodations available to the Borrower up to the aggregate amount of the Operating Facility Commitment, by way of a non-revolving credit facility for the purposes set forth in Section 3.4(b) and subject to Section 3.3, commencing on the Effective Date and ending on the Maturity Date (the “Operating Facility”).
Availment Options. On the Effective Date, any undrawn Commitment under the Facility (after giving effect to the assumption and continuance of all of the Borrower's debts, liabilities and obligations under the Prior Credit Agreement and the other Loan Documents (as defined in the Prior Credit Agreement) pursuant to the Master Assignment Agreement) will be automatically cancelled and no further Drawdowns will be made. Following the Effective Date, at the option of the Borrower, the Facility may be used by requesting Conversions and Rollovers of outstanding Loans under the Facility in accordance with the terms hereof, provided that, subject to Section 6.1, at no time shall the Equivalent Amount in Cdn. Dollars of the Outstanding Principal under the Facility exceed the Facility Limit.
Availment Options. (a) Upon the terms and conditions of this Agreement and specifically subject to Paragraphs (c), (d) and (e) hereof, each Cineplex Bank agrees to provide its Bank's Proportion under the Cineplex Supplemental Credit. The Cineplex Supplemental Credit may be used by Cineplex, either (i) by requesting a Prime Rate Borrowing, (ii) by requesting a Base Rate Borrowing, (iii) by requesting a LIBO Borrowing, (iv) by presenting drafts for acceptance as Bankers' Acceptances or (v) any combination thereof.
(b) Upon the terms and conditions of this Agreement and specifically subject to Paragraphs (c), (d) and (e) hereof, each Xxxxx Bank agrees to provide its Bank's Proportion under the Xxxxx Supplemental Credit. The Xxxxx Supplemental Credit may be used by Xxxxx, either (i) by requesting a Base Rate Borrowing, (ii) by requesting a LIBO Borrowing or (iii) any combination thereof.
(c) Subject to Sections 4.03 and 4.04, each of Cineplex and Xxxxx agree that they will each severally request or convert a Borrowing under the Supplemental Credits on the same day as the other requests or converts a Borrowing under the Supplemental Credits and that the aggregate of such Borrowings shall be divided on a pro rata basis between the Cineplex Supplemental Credit and the Xxxxx Supplemental Credit based on the Available Commitments under the Cineplex Supplemental Credit and the Xxxxx Supplemental Credit.
(d) Subject to Section 4.04, each of Cineplex and Xxxxx agree that if either of them requests or converts a LIBO Borrowing under the Supplemental Credits, the other will agree to request or convert a LIBO Borrowing under the Supplemental Credits in its pro rata share for the same Interest Period.
(e) Subject to Section 4.04, each of Cineplex and Xxxxx agree that if Cineplex requests or converts to a Borrowing under the Cineplex Supplemental Credit by way of Bankers' Acceptances, Xxxxx shall request or convert to a LIBO Borrowing under the Xxxxx Supplemental Credit in its pro rata share for an Interest Period equal to the term to maturity of such Bankers' Acceptances.
