Common use of BA Equivalent Advances Clause in Contracts

BA Equivalent Advances. If a Canadian Revolving Lender does not customarily accept Drafts for the purpose of subsequent sale as a bankers’ acceptance (a “Non-Acceptance Lender”), each time Cognos gives a Borrowing Request for an issue of Acceptances, such Non-Acceptance Lender shall, in lieu of accepting and purchasing Acceptances pursuant to Section 6.6, either purchase Discount Notes pursuant to Section 6.12 or make a loan advance in Canadian Dollars to Cognos (a “BA Equivalent Advance”) on the proposed Borrowing Date in the amount equal to the Net Acceptance Proceeds which would be derived from a hypothetical sale of Drafts accepted by that Non-Acceptance Lender (“Notional Acceptances”) in the aggregate face amount equal to its Rateable Share of such requested issue of Acceptances at a discount rate that yields to that Non-Acceptance Lender (excluding the Stamping Fee) an interest rate per annum equal to that Non-Acceptance Lender’s BA Reference Rate for the applicable Term of such Notional Acceptances. Any BA Equivalent Advance shall be repayable on the Period End Date of such issue of Acceptances. A Non-Acceptance Lender shall be entitled to deduct from the amount of its BA Equivalent Advance to be remitted to the Canadian Agent pursuant to Subsection 6.6.2 an amount equal to the Stamping Fee determined in accordance with Section 6.7 that would have been payable to it had it accepted the Notional Acceptances corresponding to the BA Equivalent Advance.

BA Equivalent Advances. If a Canadian Revolving Lender does not customarily accept Drafts for the purpose of subsequent sale as a bankers’ ' acceptance (a “"Non-Acceptance Lender”"), each time Cognos the Borrower gives a Borrowing Request for an issue of Acceptances, such Non-Acceptance Lender shall, in lieu of accepting and purchasing Acceptances pursuant to Section 6.65.5, either purchase Discount Notes pursuant to Section 6.12 5.11 or make a loan advance in Canadian Dollars to Cognos the Borrower (a “"BA Equivalent Advance”") on the proposed Borrowing Date in the amount equal to the Net Acceptance Proceeds which would be derived from a hypothetical sale of Drafts accepted by that Non-Acceptance Lender it (“"Notional Acceptances”") in the aggregate face amount equal to of its Rateable Share of such requested issue of Acceptances at a discount rate that yields to that such Non-Acceptance Lender (excluding the Stamping Fee) an interest rate per annum equal to that such Non-Acceptance Lender’s 's BA Reference Rate for the applicable Term of such Notional AcceptancesRate. Any BA Equivalent Advance shall be repayable on the Period End Date of such issue of Acceptances. A Non-Acceptance Lender shall be entitled to deduct from the amount of its BA Equivalent Advance to be remitted to the Canadian Agent pursuant to Subsection 6.6.2 5.5.2 an amount equal to the Stamping Fee determined in accordance with Section 6.7 5.6 that would have been payable to it had it accepted with respect to the Notional Acceptances corresponding to the BA Equivalent Advance. For the purposes of this Agreement each reference to Acceptances shall be deemed to include, where relevant, BA Equivalent Advances, with the necessary changes being made to fit the context.

BA Equivalent Advances. If a Canadian Revolving an Operating Lender is not permitted by Applicable Law to, or does not customarily by virtue of customary market practice, accept Drafts for the purpose of subsequent sale as a bankers’ acceptance acceptances (a “Non-Acceptance Lender”), each time Cognos the Borrower gives a Borrowing Request for an issue of Acceptances, such Non-Acceptance Lender shall, in lieu of accepting and purchasing Acceptances pursuant to Section 6.64.6, either purchase Discount Notes pursuant to Section 6.12 4.12 or make a loan advance in Canadian Dollars to Cognos for the account of the Borrower (a “BA Equivalent Advance”) on the proposed Borrowing Date in the amount equal to the Net Acceptance Proceeds which would be derived from a hypothetical sale of Drafts accepted by that Non-Acceptance Lender it (“Notional Acceptances”) in the aggregate face amount equal to of its Rateable Share of such requested issue of Acceptances at a discount rate that yields to that such Non-Acceptance Lender (excluding the Stamping Fee) an interest rate per annum equal to that such Non-Acceptance Lender’s BA Reference Rate for the applicable Term of such Notional Acceptances. Any BA Equivalent Advance shall be repayable on the Period End Date maturity of such issue of Acceptances. A Non-Acceptance Lender shall be entitled to deduct from the amount of its BA Equivalent Advance to be remitted to the Canadian Administration Agent pursuant to Subsection 6.6.2 Section 4.6(b) an amount equal to the Stamping Fee determined in accordance with Section 6.7 4.7 that would have been payable to it had it accepted with respect to the Notional Acceptances corresponding to the BA Equivalent Advance. For the purposes of this Agreement each reference to an issue of Acceptances shall be deemed to include, where relevant, BA Equivalent Advances, with the necessary changes being made to fit the context.

BA Equivalent Advances. If In the event a Canadian Revolving Lender does not customarily is unable to accept Drafts for Banker's Acceptances other than under the purpose of subsequent sale as a bankers’ acceptance (a “Non-Acceptance Lender”circumstances set forth in Section 2.18(d), each such Canadian Lender shall have the right at the time Cognos gives of accepting drafts to require the Canadian Borrower to accept a Borrowing Request for an issue of Acceptances, Canadian Advance in Canadian Dollars from such Non-Acceptance Canadian Lender shall, in lieu of accepting the issue and purchasing Acceptances pursuant to Section 6.6, either purchase Discount Notes pursuant to Section 6.12 or make acceptance of a loan advance in Canadian Dollars to Cognos Banker's Acceptance (a “"BA Equivalent Advance”") on requested by the proposed Borrowing Date in Canadian Borrower to be accepted so that there shall be outstanding while the Banker's Acceptances are outstanding BA Equivalent Advances from such Canadian Lender as contemplated herein. The principal amount of each BA Equivalent Advance shall be that amount which, when added to the face amount of interest (calculated at the applicable Discount Rate) which will accrue during the BA Equivalent Interest Period shall be equal, at maturity, to the face amount of the drafts which would have been accepted by such applicable Canadian Lender had it accepted Banker's Acceptances (it being the intention of the parties that each such BA Equivalent Advance have the same economic consequences for the Canadian Lenders and the Canadian Borrower as the Banker's Acceptance which such BA Equivalent Advance replaces). The "BA Equivalent Interest Period" for each BA Equivalent Advance shall be equal to the Net term of the drafts presented for acceptance as Banker's Acceptances on the relevant date of Borrowing. On the relevant date of Borrowing, the Canadian Borrower shall pay to the Canadian Agent a fee equal to the Acceptance Proceeds Fee which would be derived from have been payable to such Canadian Lender if it were a hypothetical sale of Drafts accepted by that Non-Acceptance Canadian Lender (“Notional Acceptances”) in accepting drafts having a term to maturity equal to the applicable BA Equivalent Interest Period and an aggregate face amount equal to its Rateable Share the sum of such requested issue the principal amount of Acceptances at a discount rate that yields to that Non-Acceptance Lender (excluding the Stamping Fee) an BA Equivalent Advance and the interest rate per annum equal to that Non-Acceptance Lender’s BA Reference Rate payable thereon by the Canadian Borrower for the applicable Term of such Notional Acceptances. Any BA Equivalent Advance Interest Period. The provisions of this Agreement dealing with Banker's Acceptances shall be repayable on the Period End Date of such issue of Acceptances. A Non-Acceptance Lender shall be entitled apply, mutatis mutandis, to deduct from the amount of its BA Equivalent Advance to be remitted to the Canadian Agent pursuant to Subsection 6.6.2 an amount equal to the Stamping Fee determined in accordance with Section 6.7 that would have been payable to it had it accepted the Notional Acceptances corresponding to the BA Equivalent AdvanceAdvances.