Common use of Bankers' Acceptances in Blank Clause in Contracts

Bankers' Acceptances in Blank. To facilitate the acceptance by the Canadian Lenders of Drafts as contemplated by the Credit Agreement and this Schedule III, each Canadian Revolving Loan Borrower that wishes to incur Bankers’ Acceptance Loans shall, on the Effective Date and from time to time as required, supply each Canadian Lender with such numbers of Drafts as it may request, each executed and endorsed in blank by such Canadian Revolving Loan Borrower. Each Canadian Lender shall exercise such care in the custody and safekeeping of such Drafts as they give to similar property owned by them. Each Canadian Lender is hereby authorized to issue such Bankers’ Acceptances endorsed in blank in such Face Amounts as may be determined by such Canadian Lender, provided that the aggregate amount thereof is equal to the aggregate amount of Bankers’ Acceptances required to be accepted by such Canadian Lender. No Canadian Lender shall be responsible or liable for its failure to accept a Bankers’ Acceptance if the cause of such failure is, in whole or in part, due to the failure of any Canadian Revolving Loan Borrower to provide duly executed and endorsed Drafts to such Canadian Lender on a timely basis, nor shall any Canadian Lender be liable for any damage, loss or other claim arising by reason of any loss or improper use of any such instrument except loss or improper use to the extent the same has been finally judicially determined to have arisen by reason of the gross negligence or willful misconduct of such Canadian Lender, its officers, employees, agents or representatives.

Bankers' Acceptances in Blank. To facilitate the acceptance by of Bankers’ Acceptances under this Agreement, the Canadian Lenders of Drafts as contemplated by the Credit Agreement and this Schedule III, each Canadian Revolving Loan Borrower that wishes to incur Bankers’ Acceptance Loans Borrowers shall, on the Effective Date upon execution of this Agreement and from time to time as required, supply each provide to the Canadian Lender with such numbers Agent bills of Drafts as it may requestexchange or depository bills, each in form satisfactory to the Canadian Agent, duly executed and endorsed in blank by the Canadian Borrowers in quantities sufficient for each Canadian Lender to fulfill its obligations hereunder. In addition, the Canadian Borrowers hereby appoint each Canadian Lender as its attorney to sign and endorse on its behalf, in handwriting or by facsimile or mechanical signature as and when deemed necessary by such Canadian Revolving Loan BorrowerLender, blank forms of Bankers’ Acceptances. Each The Canadian Borrowers recognize and agree that all Bankers’ Acceptances signed and/or endorsed on its behalf by a Canadian Lender shall exercise such care bind the Canadian Borrowers as fully and effectually as if signed in the custody handwriting of and safekeeping duly issued by the proper signing officers of such Drafts as they give to similar property owned by themthe Canadian Borrowers. Each Canadian Lender is hereby authorized to issue such Bankers’ Acceptances endorsed in blank in such Face Amounts face amounts as may be determined by such Canadian Lender; provided, provided that that, the aggregate amount thereof is equal to the aggregate amount of Bankers’ Acceptances required to be accepted and purchased by such Canadian LenderLender pursuant to Section 2.19(a)(iv). No Canadian Lender shall be responsible or liable for its failure to accept a Bankers’ Acceptance if the cause of such failure is, in whole or in part, due to the failure of any the Canadian Revolving Loan Borrower Borrowers to provide duly executed and endorsed Drafts bills of exchange or depository bills to such the Canadian Lender Agent on a timely basis, basis nor shall any Canadian Lender or the Canadian Agent be liable for any damage, loss or other claim arising by reason of any loss or improper use of any such instrument except loss or improper use to the extent the same has been finally judicially determined to have arisen arising by reason of the gross negligence or willful misconduct of such Canadian LenderLender or the Canadian Agent, its officers, employees, agents or representatives. Each Canadian Lender shall maintain a record with respect to Bankers’ Acceptances (A) received by it from the Canadian Agent in blank hereunder, (B) voided by it for any reason, (C) accepted by it hereunder, (D) purchased by it hereunder, and (E) cancelled at their respective maturities. Each Canadian Lender further agrees to retain such records in the manner and for the statutory periods provided in the various Canadian provincial or federal statutes and regulations which apply to such Canadian Lender.

Bankers' Acceptances in Blank. To facilitate the acceptance by of ----------------------------- Bankers' Acceptances under this Agreement, the Canadian Lenders of Drafts as contemplated by the Credit Agreement and this Schedule III, each Canadian Revolving Loan Borrower that wishes to incur Bankers’ Acceptance Loans shall, on the Effective Date and from time to time as required, supply each provide to the Canadian Lender with such numbers of Administrative Agent Drafts as it may request, each duly executed and endorsed in blank by such the Canadian Revolving Loan BorrowerBorrower in quantities sufficient for each C$ Lender to fulfill its obligations hereunder. Each Canadian Lender shall exercise such care in the custody and safekeeping of such Drafts as they give to similar property owned by them. Each Canadian C$ Lender is hereby authorized to issue accept such Bankers’ Acceptances Drafts endorsed in blank in such Face Amounts face amounts as may be determined by such Canadian LenderC$ Lender in accordance with the terms of this Agreement, provided that the -------- aggregate amount thereof is less than or equal to the aggregate amount of Bankers’ ' Acceptances required to be accepted by such Canadian C$ Lender. No Canadian C$ Lender shall be responsible or liable for its failure to accept a Bankers’ ' Acceptance if the cause of such failure is, in whole or in part, due to the failure of any the Canadian Revolving Loan Borrower to provide duly executed and endorsed Drafts to such the Canadian Lender Administrative Agent on a timely basis, nor shall any Canadian C$ Lender be liable for any damage, loss or other claim arising by reason of any loss or improper use of any such instrument except loss or improper use to the extent the same has been finally judicially determined to have arisen arising by reason of the gross negligence or willful misconduct of such Canadian C$ Lender, its officers, employees, agents or representatives. The Canadian Administrative Agent and each C$ Lender shall exercise such care in the custody and safekeeping of Drafts as it would exercise in the custody and safekeeping of similar property owned by it. Each C$ Lender will, upon the request of the Canadian Borrower, promptly advise the Canadian Borrower of the number and designation, if any, of Drafts then held by it for the Canadian Borrower. Each C$ Lender shall maintain a record with respect to Drafts and Bankers' Acceptances (i) received by it from the Canadian Administrative Agent in blank hereunder, (ii) voided by it for any reason, (iii) accepted by it hereunder, (iv) purchased by it hereunder and (v) cancelled at their respective maturities. Each C$ Lender further agrees to retain such records in the manner and for the statutory periods provided in the various Canadian provincial or federal statutes and regulations which apply to such C$ Lender.

Bankers' Acceptances in Blank. To facilitate the acceptance by of Bankers’ Acceptances under this Agreement, the Canadian Lenders of Drafts as contemplated by the Credit Agreement and this Schedule III, each Canadian Revolving Loan Borrower that wishes to incur Bankers’ Acceptance Loans Borrowers shall, on the Effective Date upon execution of this Agreement and from time to time as required, supply each provide to the Canadian Lender with such numbers Agent bills of Drafts as it may requestexchange or depository bills, each in form satisfactory to the Canadian Agent, duly executed and endorsed in blank by the Canadian Borrowers in quantities sufficient for each Canadian Bank to fulfill its obligations hereunder. In addition, the Canadian Borrowers hereby appoint each Canadian Bank as its attorney to sign and endorse on its behalf, in handwriting or by facsimile or mechanical signature as and when deemed necessary by such Canadian Revolving Loan BorrowerBank, blank forms of Bankers’ Acceptances. The Canadian Borrowers recognize and agree that all Bankers’ Acceptances signed and/or endorsed on its behalf by a Canadian Bank shall bind the Canadian Borrowers as fully and effectually as if signed in the handwriting of and duly issued by the proper signing officers of the Canadian Borrowers. Each Canadian Lender shall exercise such care in the custody and safekeeping of such Drafts as they give to similar property owned by them. Each Canadian Lender Bank is hereby authorized to issue such Bankers’ Acceptances endorsed in blank in such Face Amounts face amounts as may be determined by such Canadian Lender, Bank; provided that the aggregate amount thereof is equal to the aggregate amount of Bankers’ Acceptances required to be accepted and purchased by such Canadian LenderBank pursuant to clause (d) below. No Canadian Lender Bank shall be responsible or liable for its failure to accept a Bankers’ Acceptance if the cause of such failure is, in whole or in part, due to the failure of any the Canadian Revolving Loan Borrower Borrowers to provide duly executed and endorsed Drafts bills of exchange or depository bills to such the Canadian Lender Agent on a timely basis, basis nor shall any Canadian Lender Bank or the Canadian Agent be liable for any damage, loss or other claim arising by reason of any loss or improper use of any such instrument except loss or improper use to the extent the same has been finally judicially determined to have arisen arising by reason of the gross negligence or willful misconduct of such Bank or the Canadian LenderAgent, its officers, employees, agents or representatives. Each Canadian Bank shall maintain a record with respect to Bankers’ Acceptances (i) received by it from the Canadian Agent in blank hereunder, (ii) voided by it for any reason, (iii) accepted by it hereunder, (iv) purchased by it hereunder, and (v) cancelled at their respective maturities. Each Canadian Bank further agrees to retain such records in the manner and for the statutory periods provided in the various Canadian provincial or federal statutes and regulations which apply to such Canadian Bank.

Bankers' Acceptances in Blank. To facilitate the acceptance by of Bankers' Acceptances under this Agreement, the Canadian Lenders of Drafts as contemplated by the Credit Agreement and this Schedule III, each Canadian Revolving Loan Borrower that wishes to incur Bankers’ Acceptance Loans Borrowers shall, on the Effective Date upon execution of this Agreement and from time to time as required, supply each provide to the Canadian Lender with such numbers of Drafts as it may requestAgent drafts, each in form satisfactory to the Canadian Agent, duly executed and endorsed in blank by the Canadian Borrowers in quantities sufficient for each Canadian Bank to fulfill its obligations hereunder. In addition, the Canadian Borrowers hereby appoint each Canadian Bank as its attorney to sign and endorse on its behalf, in handwriting or by facsimile or mechanical signature as and when deemed necessary by such Canadian Revolving Loan BorrowerBank, blank forms of Bankers' Acceptances. The Canadian Borrowers recognize and agree that all Bankers' Acceptances signed and/or endorsed on their behalf by a Canadian Bank shall bind the Canadian Borrowers as fully and effectually as if signed in the handwriting of and duly issued by the proper signing officers of the Canadian Borrowers. Each Canadian Lender shall exercise such care in the custody and safekeeping of such Drafts as they give to similar property owned by them. Each Canadian Lender Bank is hereby authorized to issue such Bankers’ ' Acceptances endorsed in blank in such Face Amounts face amounts as may be determined by such Canadian Lender, Bank provided that the aggregate amount thereof is equal to the aggregate amount of Bankers’ ' Acceptances required to be accepted by such Canadian LenderBank pursuant to clause (d) below. No Canadian Lender Bank shall be responsible or liable for its failure to accept a Bankers’ ' Acceptance if the cause of such failure is, in whole or in part, due to the failure of any the Canadian Revolving Loan Borrower Borrowers to provide duly executed and endorsed Drafts drafts to such the Canadian Lender Agent on a timely basis, basis nor shall any Canadian Lender Bank or the Canadian Agent be liable for any damage, loss or other claim arising by reason of any loss or improper use of any such instrument except loss or improper use to the extent the same has been finally judicially determined to have arisen arising by reason of the gross negligence or willful misconduct of such Bank or the Canadian LenderAgent, its officers, employees, agents or representatives. Each Canadian Bank shall maintain a record with respect to Bankers' Acceptances (A) received by it from the Canadian Agent in blank hereunder, (B) voided by it for any reason, (C) accepted by it hereunder, (D) purchased by it hereunder and (E) cancelled at their respective maturities. Each Canadian Bank further agrees to retain such records in the manner and for the statutory periods provided in the various Canadian provincial or federal statutes and regulations which apply to such Bank.

Bankers' Acceptances in Blank. To facilitate the acceptance by of Bankers’ Acceptances under this Agreement, the Canadian Lenders of Drafts as contemplated by the Credit Agreement and this Schedule III, each Canadian Revolving Loan Borrower that wishes to incur Bankers’ Acceptance Loans Borrowers shall, on the Effective Date upon execution of this Agreement and from time to time as required, supply each provide to the Canadian Lender with such numbers Agent bills of Drafts as it may requestexchange or depository bills, each in form satisfactory to the Canadian Agent, duly executed and endorsed in blank by the Canadian Borrowers in quantities sufficient for each Canadian Bank to fulfill its obligations hereunder. In addition, the Canadian Borrowers hereby appoint each Canadian Bank as its attorney to sign and endorse on its behalf, in handwriting or by facsimile or mechanical signature as and when deemed necessary by such Canadian Revolving Loan BorrowerBank, blank forms of Bankers’ Acceptances. The Canadian Borrowers recognize and agree that all Bankers’ Acceptances signed and/or endorsed on its behalf by a Canadian Bank shall bind the Canadian Borrowers as fully and effectually as if signed in the handwriting of and duly issued by the proper signing officers of the Canadian Borrowers. Each Canadian Lender shall exercise such care in the custody and safekeeping of such Drafts as they give to similar property owned by them. Each Canadian Lender Bank is hereby authorized to issue such Bankers’ Acceptances endorsed in blank in such Face Amounts face amounts as may be determined by such Canadian Lender, Bank provided that the aggregate amount thereof is equal to the aggregate amount of Bankers’ Acceptances required to be accepted and purchased by such Canadian LenderBank pursuant to clause (d) below. No Canadian Lender Bank shall be responsible or liable for its failure to accept a Bankers’ Acceptance if the cause of such failure is, in whole or in part, due to the failure of any the Canadian Revolving Loan Borrower Borrowers to provide duly executed and endorsed Drafts bills of exchange or depository bills to such the Canadian Lender Agent on a timely basis, basis nor shall any Canadian Lender Bank or the Canadian Agent be liable for any damage, loss or other claim arising by reason of any loss or improper use of any such instrument except loss or improper use to the extent the same has been finally judicially determined to have arisen arising by reason of the gross negligence or willful misconduct of such Bank or the Canadian LenderAgent, its officers, employees, agents or representatives. Each Canadian Bank shall maintain a record with respect to Bankers’ Acceptances (i) received by it from the Canadian Agent in blank hereunder, (ii) voided by it for any reason, (iii) accepted by it hereunder, (iv) purchased by it hereunder, and (v) cancelled at their respective maturities. Each Canadian Bank further agrees to retain such records in the manner and for the statutory periods provided in the various Canadian provincial or federal statutes and regulations which apply to such Canadian Bank.

Bankers' Acceptances in Blank. To facilitate the acceptance by of Drafts under this Agreement, the Canadian Lenders of Drafts as contemplated by the Credit Agreement and this Schedule III, each Canadian Revolving Loan Borrower that wishes to incur Bankers’ Acceptance Loans shall, on the Effective Date and from time to time as required, supply each provide to the Canadian Lender with such numbers of Lenders Drafts as it may request, each duly executed and endorsed in blank by such the Canadian Revolving Loan Borrower. Each Borrower in quantities sufficient for each Canadian Lender shall exercise such care in the custody and safekeeping of such Drafts as they give to similar property owned by themfulfill its obligations hereunder. Each Canadian Lender is hereby authorized to issue accept such Bankers’ Acceptances Drafts endorsed in blank in such Face Amounts face amounts as may be determined by such Canadian LenderLender in accordance with the terms of this Agreement, provided that the aggregate amount thereof is less than or equal to the aggregate amount of Bankers’ Acceptances required to be accepted by such Canadian Lender. No Canadian Lender shall be responsible or liable for its failure to accept a Bankers’ Acceptance Draft if the cause of such failure is, in whole or in part, due to the failure of any the Canadian Revolving Loan Borrower to provide duly executed and endorsed Drafts to such Canadian Lender on a timely basis, nor shall any Canadian Lender be liable for any damage, loss or other claim arising by reason of any loss or improper use of any such instrument except loss or improper use to the extent the same has been finally judicially determined to have arisen arising by reason of the gross negligence or willful misconduct of such Canadian Lender, its officers, employees, agents or representatives. Each Canadian Lender shall exercise such care in the custody and safekeeping of Drafts as it would exercise in the custody and safekeeping of similar property owned by it. Each Canadian Lender will, upon the request of the Canadian Borrower, promptly advise the Canadian Borrower of the number and designation, if any, of Drafts then held by it for the Canadian Borrower. Each Canadian Lender shall maintain a record with respect to Drafts and Bankers’ Acceptances (A) received by it from the Canadian Borrower in blank hereunder, (B) voided by it for any reason, (C) accepted by it hereunder, (D) purchased by it hereunder and (E) canceled at their respective maturities. Each Canadian Lender further agrees to retain such records in the manner and for the statutory periods provided in the various Canadian provincial or federal statutes and regulations which apply to such Canadian Lender.

Bankers' Acceptances in Blank. To facilitate the acceptance by the Canadian Lenders of Drafts as contemplated by the Credit Agreement and this Schedule III, each Canadian Revolving Loan Borrower that wishes to incur Bankers’ Acceptance Loans shall, on the Effective Date and from time to time as required, supply each Canadian Lender with such numbers of Drafts as it may request, each executed and endorsed in blank by such Canadian Revolving Loan Borrower. Each Canadian Lender shall exercise such care in the custody and safekeeping of such Drafts as they give to similar property owned by them. Each Canadian Lender is hereby authorized to issue such Bankers’ Acceptances endorsed in blank in such Face Amounts as may be determined by such Canadian Lender, provided that the aggregate amount thereof is equal to the aggregate amount of Bankers’ Acceptances required to be accepted by such Canadian Lender. No Canadian Lender shall be responsible or liable for its failure to accept a Bankers’ ' Acceptance if the cause of such failure is, in whole or in part, due to the failure of any the Canadian Revolving Loan Borrower to provide duly executed and endorsed Drafts to such the Canadian Lender Administrative Agent on a timely basis, nor shall any Canadian C$ Lender be liable for any damage, loss or other claim arising by reason of any loss or improper use of any such instrument except loss or improper use to the extent the same has been finally judicially determined to have arisen arising by reason of the gross negligence or willful misconduct of such Canadian C$ Lender, its officers, employees, agents or representatives. Each C$ Lender shall exercise such care in the custody and safekeeping of Drafts as it would exercise in the custody and safekeeping of similar property owned by it. Each C$ Lender will, upon the request of the Canadian Borrower, promptly advise the Canadian Borrower of the number and designation, if any, of Drafts then held by it for the Canadian Borrower. Each C$ Lender shall maintain a record with respect to Drafts and Bankers' Acceptances (i) received by it from the Canadian Borrower in blank hereunder, (ii) voided by it for any reason, (iii) accepted by it hereunder, (iv) purchased by it hereunder and (v) cancelled at their respective maturities. Each C$ Lender further agrees to retain such records in the manner and for the statutory periods provided in the various Canadian provincial or federal statutes and regulations which apply to such C$ Lender.

Bankers' Acceptances in Blank. To facilitate the acceptance by of Bankers' Acceptances under this Agreement, the Canadian Lenders of Drafts as contemplated by the Credit Agreement and this Schedule III, each Canadian Revolving Loan Borrower that wishes to incur Bankers’ Acceptance Loans shall, on the Canadian Facility Effective Date and from time to time as required, supply each provide to the Canadian Lender with such numbers Agent bills of Drafts as it may requestexchange, each in form satisfactory to the Canadian Agent, duly executed and endorsed in blank by the Canadian Borrower in quantities sufficient for each Canadian Bank to fulfill its obligations hereunder. In addition, the Canadian Borrower hereby appoints each Canadian Bank as its attorney to sign and endorse on its behalf, in handwriting or by facsimile or mechanical signature as and when deemed necessary by such Canadian Revolving Loan Bank, blank forms of Bankers' Acceptances. The Canadian Borrower recognizes and agrees that all Bankers' Acceptances signed and/or endorsed on its behalf by a Canadian Bank shall bind the Canadian Borrower as fully and effectually as if signed in the handwriting of and duly issued by the proper signing officers of the Canadian Borrower. Each Canadian Lender shall exercise such care in the custody and safekeeping of such Drafts as they give to similar property owned by them. Each Canadian Lender Bank is hereby authorized to issue such Bankers’ ' Acceptances endorsed in blank in such Face Amounts face amounts as may be determined by such Canadian Lender, Bank provided that the aggregate amount thereof is equal to the aggregate amount of Bankers’ ' Acceptances required to be accepted by such Bank pursuant to clause (d) below. Neither any Canadian Lender. No Bank nor the Canadian Lender Agent shall be responsible or liable for its failure to accept a Bankers’ ' Acceptance if the cause of such failure is, in whole or in part, due to the failure of any the Canadian Revolving Loan Borrower to provide duly executed and endorsed Drafts bills of exchange to such the Canadian Lender Agent on a timely basis, basis nor shall any Canadian Lender Bank or the Canadian Agent be liable for any damage, loss or other claim arising by reason of any loss or improper use of any such instrument except loss or improper use to the extent the same has been finally judicially determined to have arisen arising by reason of the gross negligence or willful misconduct of such Bank or the Canadian LenderAgent, its officers, employees, agents or representatives. Each Canadian Bank shall maintain a record with respect to Bankers' Acceptances (i) received by it from the Canadian Agent in blank hereunder, (ii) voided by it for any reason, (iii) accepted by it hereunder, (iv) purchased by it hereunder, and (v) cancelled at their respective maturities. Each Canadian Bank further agrees to retain such records in the manner and for the statutory periods provided in the various Canadian provincial or federal statutes and regulations which apply to such Bank.

Bankers' Acceptances in Blank. To facilitate the acceptance by of Bankers' Acceptances under this Agreement, the Canadian Lenders of Drafts as contemplated by the Credit Agreement and this Schedule III, each Canadian Revolving Loan Borrower that wishes to incur Bankers’ Acceptance Loans shall, on the Effective Date and from time to time as required, supply provide to each Canadian C$ Lender with such numbers of Drafts as it may requestin form satisfactory to the C$ Lenders, each duly executed and endorsed in blank by such the Canadian Revolving Loan BorrowerBorrower in quantities sufficient for each C$ Lender to fulfill its obligations hereunder. Each Canadian Lender shall exercise such care in the custody and safekeeping of such Drafts as they give to similar property owned by them. Each Canadian C$ Lender is hereby authorized to issue accept such Bankers’ Acceptances Drafts endorsed in blank in such Face Amounts face amounts as may be determined by such Canadian LenderC$ Lender in accordance with the provisions of this Agreement, provided that the aggregate amount thereof is equal to the aggregate amount of Bankers’ ' Acceptances required to be accepted by such Canadian C$ Lender. No Canadian C$ Lender shall be responsible or liable for its failure to accept a 48 43 Bankers’ ' Acceptance if the cause of such failure is, in whole or in part, due to the failure of any the Canadian Revolving Loan Borrower to provide duly executed and endorsed Drafts to such the Canadian Lender Administrative Agent on a timely basis, nor shall any Canadian C$ Lender be liable for any damage, loss or other claim arising by reason of any loss or improper use of any such instrument except loss or improper use to the extent the same has been finally judicially determined to have arisen arising by reason of the gross negligence or willful misconduct of such Canadian C$ Lender, its officers, employees, agents or representatives. Each C$ Lender shall exercise such care in the custody and safekeeping of Drafts as it would exercise in the custody and safekeeping of similar property owned by it. Each C$ Lender will, upon the request of the Canadian Borrower, promptly advise the Canadian Borrower of the number and designation, if any, of Drafts then held by it for the Canadian Borrower. Each C$ Lender shall maintain a record with respect to Drafts and Bankers' Acceptances (i) received by it from the Canadian Borrower in blank hereunder, (ii) voided by it for any reason, (iii) accepted by it hereunder, (iv) purchased by it hereunder and (v) cancelled at their respective maturities. Each C$ Lender further agrees to retain such records in the manner and for the statutory periods provided in the various Canadian provincial or federal statutes and regulations which apply to such C$ Lender.