Common use of Borrowings of Banker’s Acceptances and BA Equivalent Notes Clause in Contracts

Borrowings of Banker’s Acceptances and BA Equivalent Notes. (a) The Administrative Agent, promptly following receipt of a Notice of Borrowing requesting Banker’s Acceptances, shall (i) advise each BA Lender of the face amount and the term of the Draft to be accepted by it and (ii) advise each applicable Non BA Lender of the face amount and term of the BA Equivalent Note to be purchased by it. All Drafts to be accepted from time to time by each BA Lender that is a member of a clearing service shall be payable to such clearing service. The term of all Banker’s Acceptances and BA Equivalent Notes issued pursuant to any Notice of Borrowing shall be identical. Each Banker’s Acceptance and BA Equivalent Note shall be dated the date on which it is issued and shall be for a term of 1, 2, 3 or 6 months, subject to availability (or if available to all the BA Lenders accepting Banker’s Acceptances as determined by such BA Lenders in good faith based on prevailing market conditions, a twelve month period or a period shorter than one month), provided that in no event shall the term of a Banker’s Acceptance or a BA Equivalent Note extend beyond the Maturity Date applicable to such Borrowing. The face amount of the Draft (or the aggregate face amount of the Drafts) to be accepted at any time by each Lender which is a BA Lender, and the face amount of the BA Equivalent Notes to be purchased at any time by each Lender which is a Non BA Lender, shall be determined by the Administrative Agent based upon the amounts of their respective Commitments of the applicable Class. In determining a Lender’s Revolving Credit Commitment Percentage of the applicable Class in respect of a request for Banker’s Acceptances, the Administrative Agent, in its sole discretion, shall be entitled to increase or decrease the face amount of any Draft, or BA Equivalent Note to the nearest $1,000.

Appears in 2 contracts

Samples: Credit Agreement (Canada Goose Holdings Inc.), Credit Agreement (Canada Goose Holdings Inc.)

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Borrowings of Banker’s Acceptances and BA Equivalent Notes. (a) The Administrative Agent, promptly following receipt of a Notice of Borrowing requesting Banker’s Acceptances, shall (i) advise each BA Lender of the face amount and the term of the Draft to be accepted by it and (ii) advise each applicable Non BA Lender of the face amount and term of the BA Equivalent Note to be purchased by it. All Drafts to be accepted from time to time by each BA Lender that is a member of a clearing service shall be payable to such clearing service. The term of all Banker’s Acceptances and BA Equivalent Notes issued pursuant to any Notice of Borrowing shall be identical. Each Banker’s Acceptance and BA Equivalent Note shall be dated the date on which it is issued and shall be for a term of 15 days or 1, 2, 3 or 6 months, subject to availability (or if available to all the BA Lenders accepting Banker’s Acceptances as determined by such BA Lenders in good faith based on prevailing market conditions, a twelve month period or a period shorter than one monthperiod), provided that in no event shall the term of a Banker’s Acceptance or a BA Equivalent Note extend beyond the Maturity Date applicable to such Borrowing. The face amount of the Draft (or the aggregate face amount of the Drafts) to be accepted at any time by each Lender which is a BA Lender, and the face amount of the BA Equivalent Notes to be purchased at any time by each Lender which is a Non BA Lender, shall be determined by the Administrative Agent based upon the amounts of their respective Commitments of the applicable Class. In determining a Lender’s Revolving Credit Commitment Percentage of the applicable Class in respect of a request for Banker’s Acceptances, the Administrative Agent, in its sole discretion, shall be entitled to increase or decrease the face amount of any Draft, or BA Equivalent Note to the nearest $1,000.

Appears in 2 contracts

Samples: Credit Agreement (Canada Goose Holdings Inc.), Credit Agreement (Canada Goose Holdings Inc.)

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Borrowings of Banker’s Acceptances and BA Equivalent Notes. (a) The Administrative Agent, promptly following receipt of a Notice of Borrowing requesting Banker’s 's Acceptances, shall (i) advise each BA Lender of the face amount and the term of the Draft to be accepted by it and (ii) advise each applicable Non BA Lender of the face amount and term of the BA Equivalent Note to be purchased by it. All Drafts to be accepted from time to time by each BA Lender that is a member of a clearing service shall be payable to such clearing service. The term of all Banker’s 's Acceptances and BA Equivalent Notes issued pursuant to any Notice of Borrowing shall be identical. Each Banker’s 's Acceptance and BA 4125-0188-8327.12 Equivalent Note shall be dated the date on which it is issued and shall be for a term of 15 days or 1, 2, 3 or 6 months, subject to availability (or if available to all the BA Lenders accepting Banker’s 's Acceptances as determined by such BA Lenders in good faith based on prevailing market conditions, a twelve month period or a period shorter than one monthperiod), provided that in no event shall the term of a Banker’s 's Acceptance or a BA Equivalent Note extend beyond the Maturity Date applicable to such Borrowing. The face amount of the Draft (or the aggregate face amount of the Drafts) to be accepted at any time by each Lender which is a BA Lender, and the face amount of the BA Equivalent Notes to be purchased at any time by each Lender which is a Non BA Lender, shall be determined by the Administrative Agent based upon the amounts of their respective Commitments of the applicable Class. In determining a Lender’s 's Revolving Credit Commitment Percentage of the applicable Class in respect of a request for Banker’s 's Acceptances, the Administrative Agent, in its sole discretion, shall be entitled to increase or decrease the face amount of any Draft, or BA Equivalent Note to the nearest $1,000.

Appears in 1 contract

Samples: Credit Agreement (Canada Goose Holdings Inc.)

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