Common use of BA Equivalent Advances Clause in Contracts

BA Equivalent Advances. Notwithstanding the foregoing provisions of this Article, a Non-Acceptance Lender shall, in lieu of accepting Bankers’ Acceptances, make a BA Equivalent Advance. The amount of each 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 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 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, such Lender would otherwise be entitled to receive as part of such Loan. Upon the maturity date

Appears in 1 contract

Samples: Credit Agreement (North American Energy Partners Inc.)

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BA Equivalent Advances. Notwithstanding the foregoing provisions of this Article, a Non-Non Acceptance Lender shallwill, in lieu of accepting Bankers' Acceptances, make a BA Equivalent Advance. The BA Equivalent Advances should be effected or maintained as Loans by a Non Acceptance Lender in an amount equal to its nominal pro rata share of the face amount of each BA Equivalent Advance shall be such Bankers' Acceptance and not equal to the BA Discount Proceeds which would be realized from a hypothetical sale of those Bankers’ Acceptances which, but for this Section, such 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 will be made on the relevant Drawdown Date, Rollover Date or Conversion Date as the case may 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, such Lender would otherwise be entitled to receive as part of such LoanBorrowing and the applicable Discount. Upon Subject to Section 3.5, upon the maturity datedate for such Bankers' Acceptances, the Borrower will pay to each Non Acceptance Lender the amount of its BA Equivalent Advance. All references herein to "Loans", "Borrowings", "Acceptances", "BAs" and "Bankers' Acceptances" will, unless otherwise expressly provided herein or unless the context otherwise requires, be deemed to include BA Equivalent Advances made by a Non Acceptance Lender as part of a Drawdown, Conversion or Rollover of Bankers' Acceptances.

Appears in 1 contract

Samples: Credit Agreement (Provident Energy Trust)

BA Equivalent Advances. Notwithstanding the foregoing provisions of this Article, a Each Non-Acceptance BA Lender shallmay, in lieu of accepting a BA on the date of any Borrowing by way of Bankers’ Acceptances, make a BA Equivalent Advance. The amount of each BA Equivalent Advance shall be equal to the Discount Proceeds (with reference to the applicable BA Discount Proceeds 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 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 BA 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 Datedate of any Borrowing by way of Bankers’ Acceptances, Rollover Date or Conversion Date as the case may be 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 whichface amount of a draft that would have been accepted by such Non-BA Lender if such Non-BA Lender had accepted and purchased a BA hereunder. Each BA Equivalent Advance made pursuant to this subsection shall be deemed to be a BA accepted and purchased by such Non-BA Lender pursuant to the terms hereof, but for and except in this Sectionsubsection, any reference to a BA shall include such Lender would otherwise be entitled to receive as part of such Loan. Upon the maturity dateBA Equivalent Advance.

Appears in 1 contract

Samples: Credit Agreement (Niska Gas Storage Partners LLC)

BA Equivalent Advances. Notwithstanding the foregoing provisions of this ArticleSection 6.11, a Non-Acceptance Lender shall, in lieu of accepting Bankers’ Acceptances, make a BA Equivalent Advance. The amount of each 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 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 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, such Lender would otherwise be entitled to receive as part of such Loan. Upon the maturity dateSubject to

Appears in 1 contract

Samples: Credit Facilities (Baytex Energy Corp.)

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BA Equivalent Advances. Notwithstanding the foregoing provisions of this ArticleSection 2.3, a Non-Acceptance Lender shall, in lieu of accepting Bankers' Acceptances, make a BA Equivalent Advance. The amount of each 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 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 SectionSection 2.3(i), such Lender would otherwise be entitled to receive as part of such Loan. Upon the maturity datedate for such Bankers' Acceptances, Company shall pay to each Non-Acceptance Lender an amount equal to the face amount of the Bankers' Acceptances which such Lender would have accepted as part of such Loan if it were not a Non-

Appears in 1 contract

Samples: Credit and Guaranty Agreement (MAAX Holding Co.)

BA Equivalent Advances. Notwithstanding the foregoing provisions of this Article, a Non-Acceptance Lender shall, in lieu of accepting Bankers' Acceptances, make a BA Equivalent Advance. The amount of each 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 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 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, such Lender would otherwise be entitled to receive as part of such Loan. Upon the maturity datedate for such Bankers' Acceptances, Company shall pay to each Non-Acceptance Lender an amount equal to the face amount of the Bankers' Acceptances which such Lender would have accepted as part of such Loan if it was not a Non-Acceptance Lender.

Appears in 1 contract

Samples: Credit Agreement (Nacg Finance LLC)

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