Common use of BA Equivalent Advances Clause in Contracts

BA Equivalent Advances. (i) Notwithstanding the foregoing provisions of this Section 2.05, a Non-Acceptance Lender shall, in lieu of accepting Bankers’ Acceptances of a Borrower, make a BA Equivalent Advance to such Borrower. The amount of each such BA Equivalent Advance shall be equal to the Discount Proceeds which would be realized from a hypothetical sale of those Bankers’ Acceptances which, but for this Section, such Tranche 2 Lender would otherwise be required to accept as part of such a Drawdown, Conversion or Rollover of Bankers’ Acceptances. To determine the amount of such Discount Proceeds, the hypothetical sale shall be deemed to take place at the BA Discount Rate for such Loan. Any BA Equivalent Advance shall be made on the relevant Drawdown Date, Rollover Date or Conversion Date, as the case may be, and shall remain outstanding for the term of the relevant Bankers’ Acceptances. Concurrent with the making of a BA Equivalent Advance, a Non-Acceptance Lender shall be entitled to deduct therefrom an amount equal to the acceptance fee which, but for this Section 2.05(m), such Tranche 2 Lender would otherwise be entitled to receive as part of such Loan. Subject to Section 2.05(g), upon the maturity date for such Bankers’ Acceptances created for a Borrower, such Borrower shall pay to each Non-Acceptance Lender the amount of its BA Equivalent Advance plus interest calculated thereon at the applicable BA Discount Rate.

BA Equivalent Advances. (i) Notwithstanding the foregoing provisions of this Section 2.05Article, a Non-Acceptance Lender shall, in lieu of accepting Bankers’ Acceptances of a BorrowerAcceptances, make a BA Equivalent Advance to such BorrowerAdvance. The amount of each such BA Equivalent Advance shall be equal to the BA Discount Proceeds which would be realized from a hypothetical sale of those Bankers’ Acceptances which, but for this Section, such Tranche 2 Lender would otherwise be required to accept as part of such a Drawdown, Conversion or Rollover of Bankers’ Acceptances. To determine the amount of such BA Discount Proceeds, the hypothetical sale shall be deemed to take place at the BA Discount Rate for such Loan. Any BA Equivalent Advance shall be made on the relevant Drawdown Date, Rollover Date or Conversion Date, Date as the case may be, be and shall remain outstanding for the term of the relevant Bankers’ Acceptances. Concurrent with the making of a BA Equivalent Advance, a Non-Acceptance Lender shall be entitled to deduct therefrom an amount equal to the acceptance fee which, but for this Section 2.05(m)Section, such Tranche 2 Lender would otherwise be entitled to receive as part of such Loan. Subject to Section 2.05(g), upon Upon the maturity date for such Bankers’ Acceptances created for a Borrower, such Borrower shall pay to each Non-Acceptance Lender the amount of its BA Equivalent Advance plus interest calculated thereon at the applicable BA Discount Rate.date

BA Equivalent Advances. (i) Notwithstanding the foregoing provisions of this Section 2.05Article, a Non-Acceptance Lender shall, in lieu of accepting Bankers’ Acceptances of a Borrower' Acceptances, make a BA Equivalent Advance to such BorrowerAdvance. The amount of each such BA Equivalent Advance shall be equal to the BA Discount Proceeds which would be realized from a hypothetical sale of those Bankers’ ' Acceptances which, but for this Section, such Tranche 2 Lender would otherwise be required to accept as part of such a Drawdownborrowing, Conversion or Rollover of Bankers’ ' Acceptances. To determine the amount of such BA Discount Proceeds, the hypothetical sale shall be deemed to take place at the BA Discount Rate for such Loan. Any BA Equivalent Advance shall be made on the relevant Drawdown Funding Date, or Rollover Date or Conversion Date, date as the case may be, be and shall remain outstanding for the term of the relevant Bankers’ ' Acceptances. Concurrent with the making of a BA Equivalent Advance, a Non-Acceptance Lender shall be entitled to deduct therefrom an amount equal to the acceptance stamping fee which, but for this Section 2.05(m)Section, such Tranche 2 Lender would otherwise be entitled to receive as part of such Loan. Subject to Section 2.05(g), upon Upon the maturity date for such Bankers’ Acceptances created for a Borrower' Acceptances, such Borrower Company shall pay to each Non-Acceptance Lender an amount equal to the face amount of its BA Equivalent Advance plus interest calculated thereon at the applicable BA Discount RateBankers' Acceptances which such Lender would have accepted as part of such Loan if it was not a Non-Acceptance Lender.

BA Equivalent Advances. (i) Notwithstanding the foregoing provisions of this Section 2.05, a Each Non-Acceptance BA Lender shallmay, in lieu of accepting a BA on the date of any Borrowing by way of Bankers’ Acceptances of a BorrowerAcceptances, make a BA Equivalent Advance to such BorrowerAdvance. The amount of each such BA Equivalent Advance shall be equal to the Discount Proceeds (with reference to the applicable BA Discount Rate applicable to such Non-BA Lender) which would be realized from a hypothetical sale of those Bankers’ Acceptances BAs which, but for this Sectionsubsection, would have been sold to such Tranche 2 Non-BA Lender. If such Non-BA Lender would does not otherwise be required to accept as part of such have a Drawdown, Conversion or Rollover of Bankers’ Acceptances. To determine the amount of such Discount Proceeds, the hypothetical sale shall be deemed to take place at the BA Discount Rate for applicable to it, the applicable BA Discount Rate will be calculated as though such LoanNon-BA Lender was listed on Schedule II or Schedule III of the Bank Act (Canada). Any BA Equivalent Advance shall be made on the relevant Drawdown Date, Rollover Date or Conversion Date, as the case may bedate of any Borrowing by way of Bankers’ Acceptances, and shall remain outstanding for the term of the relevant Bankers’ Acceptancescorresponding BA. Concurrent with On the making maturity date of a the corresponding BA, such BA Equivalent Advance, a Non-Acceptance Lender Advance shall be entitled to deduct therefrom repaid in an amount equal to the acceptance fee which, but for this Section 2.05(m), face amount of a draft that would have been accepted by such Tranche 2 Lender would otherwise be entitled to receive as part of such Loan. Subject to Section 2.05(g), upon the maturity date for such Bankers’ Acceptances created for a Borrower, such Borrower shall pay to each Non-Acceptance BA Lender the amount of its if such Non-BA Lender had accepted and purchased a BA hereunder. Each BA Equivalent Advance plus interest calculated thereon at made pursuant to this subsection shall be deemed to be a BA accepted and purchased by such Non-BA Lender pursuant to the applicable terms hereof, and except in this subsection, any reference to a BA Discount Rateshall include such BA Equivalent Advance.

BA Equivalent Advances. (i) Notwithstanding the foregoing provisions of this Section 2.052.3, a Non-Acceptance Lender shall, in lieu of accepting Bankers’ Acceptances of a Borrower' Acceptances, make a BA Equivalent Advance to such BorrowerAdvance. The amount of each such BA Equivalent Advance shall be equal to the BA Discount Proceeds which would be realized from a hypothetical sale of those Bankers’ ' Acceptances which, but for this SectionSection 2.3(i), such Tranche 2 Lender would otherwise be required to accept as part of such a Drawdownborrowing, Conversion or Rollover of Bankers’ ' Acceptances. To determine the amount of such BA Discount Proceeds, the hypothetical sale shall be deemed to take place at the BA Discount Rate for such Loan. Any BA Equivalent Advance shall be made on the relevant Drawdown Funding Date, or Rollover Date or Conversion Datedate, as the case may be, and shall remain outstanding for the term of the relevant Bankers’ ' Acceptances. Concurrent with the making of a BA Equivalent Advance, a Non-Acceptance Lender shall be entitled to deduct therefrom an amount equal to the acceptance stamping fee which, but for this Section 2.05(m2.3(i), such Tranche 2 Lender would otherwise be entitled to receive as part of such Loan. Subject to Section 2.05(g), upon Upon the maturity date for such Bankers’ Acceptances created for a Borrower' Acceptances, such Borrower Company shall pay to each Non-Acceptance Lender an amount equal to the face amount of its BA Equivalent Advance plus interest calculated thereon at the applicable BA Discount Rate.Bankers' Acceptances which such Lender would have accepted as part of such Loan if it were not a Non-

BA Equivalent Advances. (i) Notwithstanding the foregoing provisions of this Section 2.056.11, a Non-Acceptance Lender shall, in lieu of accepting Bankers’ Acceptances of a BorrowerAcceptances, make a BA Equivalent Advance to such BorrowerAdvance. The amount of each such BA Equivalent Advance shall be equal to the Discount Proceeds which would be realized from a hypothetical sale of those Bankers’ Acceptances which, but for this Section, such Tranche 2 Lender would otherwise be required to accept as part of such a Drawdown, Conversion or Rollover of Bankers’ Acceptances. To determine the amount of such Discount Proceeds, the hypothetical sale shall be deemed to take place at the BA Discount Rate for such Loan. Any BA Equivalent Advance shall be made on the relevant Drawdown Date, Rollover Date or Conversion Date, Date as the case may be, be and shall remain outstanding for the term of the relevant Bankers’ Acceptances. Concurrent with the making of a BA Equivalent Advance, a Non-Acceptance Lender shall be entitled to deduct therefrom an amount equal to the acceptance fee which, but for this Section 2.05(m)Section, such Tranche 2 Lender would otherwise be entitled to receive as part of such Loan. Subject to Section 2.05(g), upon the maturity date for such Bankers’ Acceptances created for a Borrower, such Borrower shall pay to each Non-Acceptance Lender the amount of its BA Equivalent Advance plus interest calculated thereon at the applicable BA Discount Rate.to

BA Equivalent Advances. (i) Notwithstanding the foregoing provisions of this Section 2.05Article, a Non-Non Acceptance Lender shallwill, in lieu of accepting Bankers’ Acceptances of a Borrower' Acceptances, make a BA Equivalent Advance Advance. BA Equivalent Advances should be effected or maintained as Loans by a Non Acceptance Lender in an amount equal to such Borrower. The its nominal pro rata share of the face amount of each such BA Equivalent Advance shall be Bankers' Acceptance and not equal to the Discount Proceeds which would be realized from a hypothetical sale of those Bankers’ Acceptances which, but for this Section, such Tranche 2 Lender would otherwise be required to accept as part of such a Drawdown, Conversion or Rollover of Bankers’ Acceptances. To determine the amount of such Discount Proceeds, the hypothetical sale shall be deemed to take place at the BA Discount Rate for such Loan. Any BA Equivalent Advance shall will be made on the relevant Drawdown Date, Rollover Date or Conversion Date, Date as the case may be, be and shall will remain outstanding for the term of the relevant Bankers’ ' Acceptances. Concurrent with the making of a BA Equivalent Advance, a Non-Non Acceptance Lender shall will be entitled to deduct therefrom an amount equal to the acceptance fee which, but for this Section 2.05(m)Section, such Tranche 2 Lender would otherwise be entitled to receive as part of such LoanBorrowing and the applicable Discount. Subject to Section 2.05(g)3.5, upon the maturity date for such Bankers’ Acceptances created for a Borrower' Acceptances, such the Borrower shall will pay to each Non-Non Acceptance Lender the amount of its BA Equivalent Advance plus interest calculated thereon at Advance. All references herein to "Loans", "Borrowings", "Acceptances", "BAs" and "Bankers' Acceptances" will, unless otherwise expressly provided herein or unless the applicable context otherwise requires, be deemed to include BA Discount RateEquivalent Advances made by a Non Acceptance Lender as part of a Drawdown, Conversion or Rollover of Bankers' Acceptances.