Canadian Interest Act. For the purposes of the Interest Act (Canada) and all any other applicable laws which may hereafter regulate the calculation or computation of interest on borrowed funds, the yearly rate of interest to which any rate for a period less than a year is equivalent is such rate, divided by the number of days in such period, and multiplied by the actual number of days in the year.
Canadian Interest Act. For the purposes of the Interest Act (Canada), (i) whenever any interest under this Agreement is calculated using a rate based on a year of 360 days or any other period of time that is less than a calendar year, the rate determined pursuant to such calculation, when expressed as an annual rate, is equivalent to (x) the applicable rate based on the number of days in the calendar year, (y) multiplied by the actual number of days in the calendar year in which the period for which such interest is payable (or compounded) ends, and (z) divided by 360, or such other period of time that is less than the calendar year, (ii) the principle of deemed reinvestment of interest does not apply to any interest calculation under this Agreement, and (iii) the rates of interest stipulated in this Agreement are intended to be nominal rates and not effective rates or yields.
Canadian Interest Act. 9596 3.11 Survival ......................................................................................9597 SECTION 4. LOAN ADMINISTRATION .........................................9597
Canadian Interest Act. For the purposes of the Interest Act (Canada) and disclosure thereunder, whenever any interest or any fee to be paid hereunder or in connection herewith is to be calculated on the basis of a 360-day or 365-day year, the yearly rate of interest to which the rate used in such calculation is equivalent is the rate so used multiplied by the actual number of days in the calendar year in which the same is to be ascertained and divided by 360 or 365, as applicable. The rates of interest under this Note are nominal rates, and not effective rates or yields. The principle of deemed reinvestment of interest does not apply to any interest calculation under this Note.
Canadian Interest Act. For the purposes of the Interest Act (Canada) and disclosure thereunder, whenever interest or a fee to be paid hereunder or under any Note or in connection herewith is to be calculated on the basis of a year of 360 days consisting of twelve 30-day months, the yearly rate of interest to which the rate or fee used in such calculation is equivalent during any particular period is the rate or fee so used multiplied by a fraction of which (a) the numerator is the product of (i) the actual number of days in the calendar year in which such period ends; and (ii) the sum of (A) the product of 30 and the number of complete months elapsed in the relevant period, and (B) the number of days elapsed in any incomplete month in the relevant period; and (b) the denominator is the product of 360 and the actual number of days in the relevant period. The Issuer acknowledges and confirms that (1) this paragraph satisfies the requirements of Section 4 of the Interest Act (Canada) to the extent it applies to the expression or statement of any interest or fees payable hereunder or any Notes; and (2) it is able to calculate the yearly rate or percentage of interest payable under any Note based upon the methodology set out above. If any provision of this Indenture would oblige a Canadian Obligor to make any payment of interest or other amount payable to any Noteholder in an amount or calculated at a rate which would be prohibited by applicable law or would result in a receipt by that Noteholder of “interest” at a “criminal rate” (as such terms are construed under the Criminal Code (Canada)), then, notwithstanding such provision, such amount or rate shall be deemed to have been adjusted with retroactive effect to the maximum amount or rate of interest, as the case may be, as would not be so prohibited by law or so result in a receipt by that Noteholder of “interest” at a “criminal rate”.
Canadian Interest Act. Work Wear and the Canadian Banks agree that for purposes of the Interest Act (Canada) (a) the principle of "deemed reinvestment of interest" shall not apply to any calculation of interest under this Agreement and (b) the rates of interest applicable to outstanding Canadian Floating Rate Advances or otherwise specified in this Agreement are intended to be nominal rates and not effective rates or yields.
Canadian Interest Act. For the purposes of the Interest Act (Canada), (i) whenever any interest under this Agreement is calculated using a rate based on a year of 360 days or any other period of time that is less than a calendar year, the rate determined pursuant to such calculation, when expressed as an annual rate, is equivalent to (x) the applicable rate based on the number of days in the calendar year, (y) multiplied by the actual number of days in the calendar year in which the period for which such interest is payable (or compounded) ends, and (z) divided by 360, or such other period of time that is less than the calendar year, (ii) the principle of deemed reinvestment of interest does not apply to any interest calculation under this Agreement, and (iii) the rates of interest stipulated in this Agreement are intended to be nominal rates and not effective rates or yields. The Canadian Obligors confirm that they fully understand and are able to calculate the rate of interest applicable to Canadian Revolver Loans and other Canadian Obligations based on the methodology for calculating per annum rates provided for in this Agreement. The Canadian Obligors hereby irrevocably agree not to plead or assert, whether by way of defense or otherwise, in any proceeding relating to this Agreement or any other Loan Document, that the interest payable under this Agreement and the calculation thereof has not been adequately disclosed to the Canadian Obligors as required pursuant to Section 4 of the Interest Act (Canada).
Canadian Interest Act. For purposes of the "Interest Act (Canadian)", (i) whenever any interest or fee under this Agreement is calculated using a rate based on a year of 360 days, the rate determined pursuant to such calculation, when expressed as an annual rate, is equivalent to (x) the applicable rate based on a year of 360 days, (y) multiplied by the actual number of days in the calendar year in which the period for which such interest or fee is payable (or compounded) ends, and (z) divided by 360, (ii) the principle of deemed reinvestment of interest does not apply to any interest calculation under this Agreement, and (iii) the rates of interest stipulated in this Agreement are intended to be nominal rates and not effective rates or yields.
