Common use of Bankers' Acceptances in Blank Clause in Contracts

Bankers' Acceptances in Blank. To facilitate the acceptance of Bankers' Acceptances under this Agreement, CCCL shall, upon execution of this Agreement and from time to time as required, provide to the Canadian Administrative Agent drafts, in form satisfactory to the Canadian Administrative Agent, duly executed and endorsed in blank by CCCL in quantities sufficient for each C$ Bank to fulfill its obligations hereunder. In addition, CCCL hereby appoints each C$ 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 C$ Bank, blank forms of Bankers' Acceptances. CCCL recognizes and agrees that all Bankers' Acceptances signed and/or endorsed on its behalf by a C$ Bank shall bind CCCL as fully and effectually as if signed in the handwriting of and duly issued by the proper signing officers of CCCL. Each C$ Bank is hereby authorized to issue such Bankers' Acceptances endorsed in blank in such face amounts as may be determined by such Bank provided that the aggregate amount thereof is equal to the aggregate amount of Bankers' Acceptances required to be accepted by such Bank. No C$ 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 CCCL to provide duly executed and endorsed drafts to the Canadian Administrative Agent on a timely basis nor shall any C$ Bank 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 arising by reason of the gross negligence or willful misconduct of such Bank, its officers, employees, agents or representatives. Each C$ Bank shall maintain a record with respect to 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$ 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 of Bankers' Acceptances under this Agreement, CCCL the Borrowers shall, upon execution of this Agreement Agreement, if so requested by a Lender, and from time to time as required, provide to that Lender Bankers' Acceptances substantially in the Canadian Administrative Agent drafts, in form satisfactory as may be acceptable to the Canadian Administrative Agent, that Lender duly executed and endorsed in blank by CCCL the Borrower, in quantities sufficient for each C$ Bank that Lender to fulfill its obligations hereunderunder this Agreement or, if so requested by a Lender, provide to that Lender, with a copy to the Agent, a power of attorney substantially in the form of Schedule O executed by the Borrower in favour of that Lender authorizing that Lender to execute drafts in the form attached thereto. In addition, CCCL hereby appoints each C$ 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 C$ Bank, blank forms of Bankers' Acceptances. CCCL recognizes and agrees that all If Bankers' Acceptances signed and/or have been provided to a Lender duly executed and endorsed on its behalf by a C$ Bank shall bind CCCL as fully and effectually as if signed in the handwriting of and duly issued blank by the proper signing officers of CCCL. Each C$ Bank Borrower, that Lender is hereby authorized to issue such Bankers' Acceptances endorsed in blank in such face amounts as may be determined by such Bank the Borrower provided that the aggregate amount thereof is equal to the aggregate amount of Bankers' Acceptances required to be accepted by such Bankthe Lender. No C$ Bank Lender shall be responsible or liable for its failure to accept a Bankers' Acceptance as required under this Agreement if the cause of such the failure is, in whole or in part, due to the failure of CCCL the Borrower to provide duly executed and endorsed drafts to the Canadian Administrative Agent Lender on a timely basis a sufficient number of duly executed Bankers' Acceptances or a duly executed power of attorney, as applicable, nor shall any C$ Bank Lender be liable for any damage, loss or other claim arising by reason of any loss or improper use of any such instrument Bankers' Acceptance except a loss or improper use arising by reason of the gross negligence or willful wilful misconduct of such Bank, the Lender or its officers, employees, agents or representatives. Each C$ Bank shall maintain a record with respect to 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$ 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 of Bankers' ’ Acceptances under this Agreement, CCCL the Borrower shall, upon execution of this Agreement becoming a party hereto and from time to time as required, provide to the Canadian Administrative Agent draftseach Lender drafts (“Drafts”), in form satisfactory to the Canadian Administrative Agentsuch Lender, duly executed and endorsed in blank by CCCL the Borrower, in quantities sufficient for each C$ Bank Lender to fulfill fulfil its obligations hereunder. In addition, CCCL hereby appoints each C$ 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 C$ Bank, blank forms of Bankers' Acceptances. CCCL recognizes and agrees that all Bankers' Acceptances signed and/or endorsed on its behalf by a C$ Bank shall bind CCCL as fully and effectually as if signed in the handwriting of and duly issued by the proper signing officers of CCCL. Each C$ Bank Lender is hereby authorized to issue accept such Bankers' ’ Acceptances endorsed in blank in such face amounts as may be determined by such Bank Lender provided that the aggregate amount thereof is equal to the aggregate amount of Bankers' ’ Acceptances required to be accepted by such BankLender. No C$ Bank 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 CCCL the Borrower to provide duly executed and endorsed drafts Drafts to the Canadian Administrative Agent such Lender on a timely basis basis, nor shall any C$ Bank 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 arising by reason of the gross negligence or willful wilful misconduct of such BankLender, its officers, employees, agents or representatives. Each C$ Bank 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 Lender shall maintain a record with respect to 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$ Bank 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 BankLender.

Bankers' Acceptances in Blank. To facilitate the acceptance of Bankers' Acceptances under this AgreementAcceptances, CCCL the Borrower shall, upon execution of this Agreement and from time to time as required, provide to the Canadian Administrative Agent drafts, in form satisfactory to the Canadian Administrative Agent, Lender drafts duly executed and endorsed in blank by CCCL the Borrower. Upon receipt of a Notice of Borrowing for a Bankers Acceptance or a confirmation as set out in quantities sufficient for each C$ Bank to fulfill its obligations hereunder. In additionSection 4.6 (f) from the Borrower, CCCL hereby appoints each C$ 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 C$ Bank, blank forms of Bankers' Acceptances. CCCL recognizes and agrees that all Bankers' Acceptances signed and/or endorsed on its behalf by a C$ Bank shall bind CCCL as fully and effectually as if signed in the handwriting of and duly issued by the proper signing officers of CCCL. Each C$ Bank Lender is hereby authorized to issue such Bankers' Acceptances endorsed in blank in such aggregate face amounts amount as may be determined by such Bank provided that set out in the aggregate amount thereof is equal to the aggregate amount Notice of Bankers' Acceptances required to be accepted by such BankBorrowing or confirmation as applicable. No C$ Bank The Lender shall not be responsible or liable for its failure to accept a Bankers' Acceptance as required hereunder if the cause of such failure is, in whole or in part, due to the failure of CCCL the Borrower to provide duly executed and endorsed drafts to the Canadian Administrative Agent Lender on a timely basis nor shall any C$ Bank the 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 arising by reason instrument, it being understood and agreed that the Lender's responsibility is limited in exercising in regard to the drafts the same degree of care which it gives valuable property of the gross negligence Lender at the Lender's office, branch or willful misconduct of such Bank, its officers, employees, agents or representativesagency where the drafts are held. Each C$ Bank The Lender shall maintain a record with respect to Bankers' Acceptances (i) received by it from the Canadian Administrative Agent Borrower in blank hereunder, (ii) voided by it for any reason, (iii) accepted and purchased by it hereunder, and (iv) purchased by it hereunder and (v) cancelled at their respective maturities. Each C$ Bank The 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 Bankthe Lender.

Bankers' Acceptances in Blank. To facilitate the acceptance of Bankers' Acceptances under this Credit Agreement, CCCL the Company shall, upon execution of this Credit Agreement and from time to time as required, provide to the Canadian Administrative Agent draftsbills of exchange, in form satisfactory to the Canadian Administrative Agent, duly executed and endorsed in blank by CCCL the Company in quantities sufficient for each C$ Bank the Agent to fulfill its obligations hereunder. In addition, CCCL the Company hereby appoints each C$ Bank the Agent 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 C$ Bankthe Agent, blank forms of Bankers' Acceptances. CCCL The Company recognizes and agrees that all Bankers' Acceptances signed and/or endorsed on its behalf by a C$ Bank the Agent shall bind CCCL the Company as fully and effectually as if signed in the handwriting of and duly issued by the proper signing officers of CCCLthe Company. Each C$ Bank The Agent is hereby authorized to issue such Bankers' Acceptances endorsed in blank in such face amounts as may be determined by such Bank the Agent provided that the aggregate amount thereof is equal to the aggregate amount of Bankers' Acceptances required to be accepted by such Bankthe Agent pursuant to clause (d) below. No C$ Bank The Agent shall not 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 CCCL the Company to provide duly executed and endorsed drafts bills of exchange to the Canadian Administrative Agent on a timely basis nor shall any C$ Bank or the 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 arising by reason of the gross negligence or willful misconduct of such BankBank or the Agent, its officers, employees, agents or representatives. Each C$ Bank The Agent shall maintain a record with respect to 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 hereunder, and (v) cancelled at their respective maturities. Each C$ Bank The Agent further agrees to retain such records in the manner and for the statutory periods provided in the various Canadian provincial local or federal statutes and regulations which apply to such Bankthe Agent.

Bankers' Acceptances in Blank. To facilitate the acceptance of Bankers' Acceptances under this Credit Agreement, CCCL the Borrower shall, upon execution of this Credit Agreement and from time to time as required, provide to the Canadian Administrative Agent draftsbills of exchange, in form satisfactory to the Canadian Administrative Agent, duly executed and endorsed in blank by CCCL the Borrower in quantities sufficient for each C$ Bank the Agent to fulfill its obligations hereunder. In addition, CCCL the Borrower hereby appoints each C$ Bank the Agent 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 C$ Bankthe Agent, blank forms of Bankers' Acceptances. CCCL The Borrower recognizes and agrees that all Bankers' Acceptances signed and/or endorsed on its behalf by a C$ Bank the Agent shall bind CCCL the Borrower as fully and effectually as if signed in the handwriting of and duly issued by the proper signing officers of CCCLthe Borrower. Each C$ Bank The Agent is hereby authorized to issue such Bankers' Acceptances endorsed in blank in such face amounts as may be determined by such Bank the Agent provided that the aggregate amount thereof is equal to the aggregate amount of Bankers' Acceptances required to be accepted by such Bankthe Agent pursuant to clause (d) below. No C$ Bank The Agent shall not 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 CCCL the Borrower to provide duly executed and endorsed drafts bills of exchange to the Canadian Administrative Agent on a timely basis nor shall any C$ Bank or the 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 arising by reason of the gross negligence or willful misconduct of such BankBank or the Agent, its officers, employees, agents or representatives. Each C$ Bank The Agent shall maintain a record with respect to 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 hereunder, and (v) cancelled at their respective maturities. Each C$ Bank The Agent further agrees to retain such records in the manner and for the statutory periods provided in the various Canadian provincial local or federal statutes and regulations which apply to such Bankthe Agent.