Common use of Canadian Letter of Credit Commitment Clause in Contracts

Canadian Letter of Credit Commitment. Subject to the terms and conditions set forth herein, the Canadian Lender agrees (i) to issue letters of credit denominated in Canadian Dollars (each such letter of credit, a “Canadian Letter of Credit”) for the account of any Canadian Borrower, and to amend or extend Canadian Letters of Credit previously issued by it and (ii) to honor drawings under the Canadian Letters of Credit; provided that after giving effect to the issuance of such Canadian Letter of Credit or the increase of the amount thereof, (A) the Canadian Total Outstandings shall not exceed the amount of the Canadian Commitment and (B) the Outstanding Amount of the Canadian L/C Obligations shall not exceed the Canadian L/C Sublimit. Within the foregoing limits, and subject to the terms and conditions hereof, each Canadian Borrower’s ability to obtain Canadian Letters of Credit shall be fully revolving, and accordingly each Canadian Borrower may, during the foregoing period, obtain Canadian Letters of Credit to replace Canadian Letters of Credit that have expired or that have been drawn upon and reimbursed. (i) The Canadian Lender shall be under no obligation to issue, amend or extend any Canadian Letters of Credit, if: (A) the expiry date of such requested Canadian Letter of Credit would occur (x) more than twelve months after the date of issuance or last extension or (y) after the day that is seven days prior to the Maturity Date then in effect (or, if such day is not a Business Day, the next preceding Business Day). (B) any order, judgment or decree of any Governmental Authority or arbitrator shall by its terms purport to enjoin or restrain the Canadian Lender from issuing such Canadian Letter of Credit, or any Law applicable to the Canadian Lender or any request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over the Canadian Lender shall prohibit, or request that the Canadian Lender refrain from, the issuance of letters of credit generally or such Canadian Letter of Credit in particular or shall impose upon the Canadian Lender with respect to such Canadian Letter of Credit any restriction, reserve or capital requirement (for which the Canadian Lender is not otherwise compensated hereunder) not in effect on the Third Restatement Date, or shall impose upon the Canadian Lender any unreimbursed loss, cost or expense which was not applicable on the Third Restatement Date and which the Canadian Lender in good xxxxx xxxxx material to it; (C) the issuance of such Canadian Letter of Credit would violate one or more policies of the Canadian Lender applicable to letters of credit generally; or (D) such Letter of Credit is to be denominated in a currency other than Canadian Dollars. (ii) The Canadian Lender shall be under no obligation to amend any Canadian Letter of Credit if (A) the Canadian Lender would have no obligation at such time to issue such Canadian Letter of Credit in its amended form under the terms hereof, or (B) the beneficiary of such Canadian Letter of Credit does not accept the proposed amendment to such Canadian Letter of Credit.

Canadian Letter of Credit Commitment. (i) Subject to the terms and conditions set forth herein, (A) each Canadian L/C Issuer agrees, in reliance upon the agreements of the Canadian Lender agrees Revolving Credit Lenders set forth in this Section 2.01(d) and Section 2.03, (i1) from time to time on any Business Day during the period from the Closing Date until the Letter of Credit Expiration Date, to issue letters Canadian Letters of credit denominated in Canadian Dollars (each such letter of credit, a “Canadian Letter of Credit”) Credit for the account of the Canadian Borrower or any of its Canadian BorrowerSubsidiaries, and to amend or extend Canadian Letters of Credit previously issued by it it, in accordance with Section 2.03(a), and (ii2) to honor drawings under the Canadian Letters of Credit; and (B) the Canadian Revolving Credit Lenders severally agree to participate in Canadian Letters of Credit issued for the account of the Canadian Borrower or any of its Canadian Subsidiaries and any drawings thereunder; provided that after giving effect to the issuance of such any Canadian L/C Credit Extension with respect to any Canadian Letter of Credit or the increase of the amount thereofCredit, (Aw) the Canadian Total Revolving Credit Outstandings shall not exceed the amount lesser of (I) the Revolving Credit Facility and (II) the Total Borrowing Base at such time, (x) the aggregate Outstanding Amount of the Canadian Commitment Revolving Credit Loans of any Canadian Revolving Credit Lender, plus such Canadian Revolving Credit Lender’s Applicable Percentage of the Outstanding Amount of all Canadian L/C Obligations, plus such Canadian Revolving Credit Lender’s Applicable Percentage of the Outstanding Amount of all Canadian Swing Line Loans shall not exceed such Canadian Revolving Credit Lender’s Canadian Revolving Credit Commitment, (y) the Total Canadian Revolving Credit Outstandings shall not exceed the lesser of (I) the Canadian Revolving Credit Facility and (BII) the Canadian Borrowing Base, and (z) the Outstanding Amount of the Canadian L/C Obligations shall not exceed the Canadian Letter of Credit Sublimit. Each request by the Canadian Borrower for the issuance or amendment of a Canadian Letter of Credit shall be deemed to be a representation by the Canadian Borrower that the L/C SublimitCredit Extension so requested complies with the conditions set forth in the proviso to the preceding sentence. Within the foregoing limits, and subject to the terms and conditions hereof, each the Canadian Borrower’s ability to obtain Canadian Letters of Credit shall be fully revolving, and accordingly each the Canadian Borrower may, during the foregoing period, obtain Canadian Letters of Credit to replace Canadian Letters of Credit that have expired or that have been drawn upon and reimbursed. (iii) The No Canadian Lender L/C Issuer shall be under no obligation to issue, amend or extend issue any Canadian Letters Letter of Credit, Credit if: (A) subject to Section 2.03(a)(iii), the expiry date of such requested Canadian Letter of Credit would occur (x) more than twelve months after the date of issuance or last extension extension, unless the Required Canadian Lenders have approved such expiry date; (B) the expiry date of such requested Letter of Credit would occur after the Letter of Credit Expiration Date; or (C) (1) if at the time of such issuance, solvency deficiencies under the Canadian Pension Plans of the Canadian Loan Parties shall exist and after giving effect to such issuance, the Canadian Excess Availability would be less than 5050.0% of the Canadian Borrowing Base or (y2) after the day that is seven days prior to aggregate amount of solvency deficiencies under the Maturity Date then in effect (or, if such day is not Canadian Pension Plans of the Canadian Loan Parties which provide benefits on a Business Day, the next preceding Business Day)defined benefit basis shall exceed $20,000,000. (Biii) No Canadian L/C Issuer shall be under any obligation to issue any Canadian Letter of Credit if: (A) any order, judgment or decree of any Governmental Authority or arbitrator shall by its terms purport to enjoin or restrain the such Canadian Lender L/C Issuer from issuing such Canadian Letter of Credit, or any Law applicable to the such Canadian Lender L/C Issuer or any request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over the such Canadian Lender L/C Issuer shall prohibit, or request that the such Canadian Lender L/C Issuer refrain from, the issuance of letters of credit generally or such Canadian Letter of Credit in particular or shall impose upon the such Canadian Lender L/C Issuer with respect to such Canadian Letter of Credit any restriction, reserve or capital requirement (for which the such Canadian Lender L/C Issuer is not otherwise compensated hereunder) not in effect on the Third Restatement DateClosing Date and which such Canadian L/C Issuer in good xxxxx xxxxx applicable to it, or shall impose upon the such Canadian Lender L/C Issuer any unreimbursed loss, cost or expense which was not applicable on the Third Restatement Closing Date and which the such Canadian Lender L/C Issuer in good xxxxx xxxxx material to it; (CB) the issuance of such Canadian Letter of Credit would violate one or more policies of the such Canadian Lender L/C Issuer applicable to letters of credit generally; or; (C) [reserved]; (D) such Letter of Credit is to be denominated in a currency other than Dollars or Canadian Dollars; or (E) any Canadian Revolving Credit Lender is at that time a Defaulting Lender, unless such Canadian L/C Issuer has entered into arrangements, including reallocation of the Defaulting Lender’s Applicable Percentage of the outstanding Canadian L/C Obligations pursuant to Section 2.17(d2.18(a)(iv) or the delivery of Cash Collateral, in a manner satisfactory to such Canadian L/C Issuer (in its sole discretion) with the applicable Borrower or such Lender to eliminate such Canadian L/C Issuer’s actual or potential Fronting Exposure (after giving effect to Section 2.17(d2.18(a)(iv)) with respect to the Defaulting Lender arising from either the Letter of Credit then proposed to be issued or that Letter of Credit and all other Canadian L/C Obligations as to which such Canadian L/C Issuer has actual or potential Fronting Exposure, as it may elect in its sole discretion. (iiiv) The No Canadian Lender L/C Issuer shall amend any Letter of Credit if such Canadian L/C Issuer would not be permitted at such time to issue such Letter of Credit in its amended form under the terms hereof. (v) No Canadian L/C Issuer shall be under no any obligation to amend any Canadian Letter of Credit if (A) the such Canadian Lender L/C Issuer would have no obligation at such time to issue such Canadian Letter of Credit in its amended form under the terms hereof, or (B) the beneficiary of such Canadian Letter of Credit does not accept the proposed amendment to such Canadian Letter of Credit. (vi) Each Canadian L/C Issuer shall act on behalf of the Canadian Revolving Credit Lenders with respect to any Letters of Credit issued by it and the documents associated therewith, and each Canadian L/C Issuer shall have all of the benefits and immunities (A) provided to the Administrative Agent in Article IX with respect to any acts taken or omissions suffered by such Canadian L/C Issuer in connection with Letters of Credit issued by it or proposed to be issued by it and Issuer Documents pertaining to such Letters of Credit as fully as if the term “Administrative Agent” as used in Article IX included such Canadian L/C Issuer with respect to such acts or omissions, and (B) as additionally provided herein with respect to such Canadian L/C Issuer.

Canadian Letter of Credit Commitment. Subject to the terms and conditions set forth herein, the Canadian Lender agrees (i) to issue letters of credit denominated in Canadian Dollars (each such letter of credit, a “Canadian Letter of Credit”) for the account of any Canadian Borrower, and to amend or extend Canadian Letters of Credit previously issued by it and (ii) to honor drawings under the Canadian Letters of Credit; provided that after giving effect to the issuance of such Canadian Letter of Credit or the increase of the amount thereof, (A) the Canadian Total Outstandings shall not exceed the amount of the Canadian Commitment and (B) the Outstanding Amount of the Canadian L/C Obligations shall not exceed the Canadian L/C Sublimit. Within the foregoing limits, and subject to the terms and conditions hereof, each Canadian Borrower’s ability to obtain Canadian Letters of Credit shall be fully revolving, and accordingly each Canadian Borrower may, during the foregoing period, obtain Canadian Letters of Credit to replace Canadian Letters of Credit that have expired or that have been drawn upon and reimbursed. (i) The Canadian Lender shall be under no obligation to issue, amend or extend any Canadian Letters of Credit, if: (A) the expiry date of such requested Canadian Letter of Credit would occur (x) more than twelve months after the date of issuance or last extension or (y) after the day that is seven days prior to the Maturity Date then in effect (or, if such day is not a Business Day, the next preceding Business Day). (B) any order, judgment or decree of any Governmental Authority or arbitrator shall by its terms purport to enjoin or restrain the Canadian Lender from issuing such Canadian Letter of Credit, or any Law applicable to the Canadian Lender or any request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over the Canadian Lender shall prohibit, or request that the Canadian Lender refrain from, the issuance of letters of credit generally or such Canadian Letter of Credit in DWT 16166918v15 4900000-001225 particular or shall impose upon the Canadian Lender with respect to such Canadian Letter of Credit any restriction, reserve or capital requirement (for which the Canadian Lender is not otherwise compensated hereunder) not in effect on the Third Restatement Closing Date, or shall impose upon the Canadian Lender any unreimbursed loss, cost or expense which was not applicable on the Third Restatement Closing Date and which the Canadian Lender in good xxxxx xxxxx material faith deexx xxxxxxxx to it; (C) the issuance of such Canadian Letter of Credit would violate one or more policies of the Canadian Lender applicable to letters of credit generally; or (D) such Letter of Credit is to be denominated in a currency other than Canadian Dollars. (ii) The Canadian Lender shall be under no obligation to amend any Canadian Letter of Credit if (A) the Canadian Lender would have no obligation at such time to issue such Canadian Letter of Credit in its amended form under the terms hereof, or (B) the beneficiary of such Canadian Letter of Credit does not accept the proposed amendment to such Canadian Letter of Credit.

Canadian Letter of Credit Commitment. (i) Subject to the terms and conditions set forth herein, (A) the Canadian Lender agrees L/C Issuer agrees, in reliance upon the agreements of the Canadian Revolving Credit Lenders set forth in this Section 2.01(d) and Section 2.03, (i1) from time to time on any Business Day during the period from the Closing Date until the Letter of Credit Expiration Date, to issue letters Canadian Letters of credit denominated in Canadian Dollars (each such letter of credit, a “Canadian Letter of Credit”) Credit for the account of the Canadian Borrower or any of its Canadian BorrowerSubsidiaries, and to amend or extend Canadian Letters of Credit previously issued by it it, in accordance with Section 2.03(a), and (ii2) to honor drawings under the Canadian Letters of Credit; and (B) the Canadian Revolving Credit Lenders severally agree to participate in Canadian Letters of Credit issued for the account of the Canadian Borrower or any of its Canadian Subsidiaries and any drawings thereunder; provided that after giving effect to the issuance of such any Canadian L/C Credit Extension with respect to any Canadian Letter of Credit or the increase of the amount thereofCredit, (Aw) the Canadian Total Revolving Credit Outstandings shall not exceed the amount lesser of (I) the Revolving Credit Facility and (II) the Total Borrowing Base at such time, (x) the aggregate Outstanding Amount of the Canadian Commitment Revolving Credit Loans of any Canadian Revolving Credit Lender, plus such Canadian Revolving Credit Lender’s Applicable Percentage of the Outstanding Amount of all Canadian L/C Obligations, plus such Canadian Revolving Credit Lender’s Applicable Percentage of the Outstanding Amount of all Canadian Swing Line Loans shall not exceed such Canadian Revolving Credit Lender’s Canadian Revolving Credit Commitment, (y) the Total Canadian Revolving Credit Outstandings shall not exceed the lesser of (I) the Canadian Revolving Credit Facility and (BII) the Canadian Borrowing Base, and (z) the Outstanding Amount of the Canadian L/C Obligations shall not exceed the Canadian Letter of Credit Sublimit. Each request by the Canadian Borrower for the issuance or amendment of a Canadian Letter of Credit shall be deemed to be a representation by the Canadian Borrower that the L/C SublimitCredit Extension so requested complies with the conditions set forth in the proviso to the preceding sentence. Within the foregoing limits, and subject to the terms and conditions hereof, each the Canadian Borrower’s ability to obtain Canadian Letters of Credit shall be fully revolving, and accordingly each the Canadian Borrower may, during the foregoing period, obtain Canadian Letters of Credit to replace Canadian Letters of Credit that have expired or that have been drawn upon and reimbursed. The Canadian L/C Issuer’s Commitment to issue Canadian Letters of Credit shall automatically terminate on the earlier to occur of (x) the date of termination of the Canadian Revolving Credit Commitments pursuant to Section 2.06, and (y) the date 30 days prior to the Maturity Date. (iii) The Canadian Lender L/C Issuer shall be under no obligation to issue, amend or extend not issue any Canadian Letters Letter of Credit, Credit if: (A) subject to Section 2.03(a)(i), the expiry date of such requested Canadian Letter of Credit would occur (x) more than twelve months after the date of issuance or last extension or extension, unless the Required Canadian Lenders have approved such expiry date; or (yB) the expiry date of such requested Letter of Credit would occur after the day that is seven days prior to the Maturity Date then in effect (or, if such day is not a Business Day, the next preceding Business Day)Letter of Credit Expiration Date. (Biii) The Canadian L/C Issuer shall not be under any obligation to issue any Canadian Letter of Credit if: (A) any order, judgment or decree of any Governmental Authority or arbitrator shall by its terms purport to enjoin or restrain the Canadian Lender L/C Issuer from issuing such Canadian Letter of Credit, or any Law applicable to the Canadian Lender L/C Issuer or any request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over the Canadian Lender L/C Issuer shall prohibit, or request that the Canadian Lender L/C Issuer refrain from, the issuance of letters of credit generally or such Canadian Letter of Credit in particular or shall impose upon the Canadian Lender L/C Issuer with respect to such Canadian Letter of Credit any restriction, reserve or capital requirement (for which the Canadian Lender L/C Issuer is not otherwise compensated hereunder) not in effect on the Third Restatement DateClosing Date and which the Canadian L/C Issuer in good fxxxx xxxxx applicable to it, or shall impose upon the Canadian Lender L/C Issuer any unreimbursed loss, cost or expense which was not applicable on the Third Restatement Closing Date and which the Canadian Lender L/C Issuer in good xxxxx fxxxx xxxxx material to it; (CB) the issuance of such Canadian Letter of Credit would violate one or more policies of the Canadian Lender L/C Issuer applicable to letters of credit generally; or; (DC) such Letter of Credit is to be denominated in a currency other than Dollars or Canadian Dollars; or (D) a default of any Canadian Revolving Credit Lender’s obligations to fund under Section 2.03(b) exists or any Canadian Appropriate Lender is at such time a Defaulting Lender hereunder, unless the Canadian L/C Issuer has entered into reasonably satisfactory arrangements with the Canadian Borrower or such Lender to eliminate the Canadian L/C Issuer’s risk with respect to such Lender. (iiiv) The Canadian Lender L/C Issuer shall not amend any Letter of Credit if the Canadian L/C Issuer would not be permitted at such time to issue such Letter of Credit in its amended form under the terms hereof. (v) The Canadian L/C Issuer shall be under no obligation to amend any Canadian Letter of Credit if (A) the Canadian Lender L/C Issuer would have no obligation at such time to issue such Canadian Letter of Credit in its amended form under the terms hereof, or (B) the beneficiary of such Canadian Letter of Credit does not accept the proposed amendment to such Canadian Letter of Credit.

Canadian Letter of Credit Commitment. (i) Subject to the terms and conditions set forth herein, (A) each Canadian L/C Issuer agrees, in reliance upon the agreements of the Canadian Lender agrees Revolving Credit Lenders set forth in this Section 2.01(d) and Section 2.03, (i1) from time to time on any Business Day during the period from the Closing Date until the Letter of Credit Expiration Date, to issue letters Canadian Letters of credit denominated in Canadian Dollars (each such letter of credit, a “Canadian Letter of Credit”) Credit for the account of the Canadian Borrower or any of its Canadian BorrowerSubsidiaries, and to amend or extend Canadian Letters of Credit previously issued by it it, in accordance with Section 2.03(a), and (ii2) to honor drawings under the Canadian Letters of Credit; and (B) the Canadian Revolving Credit Lenders severally agree to participate in Canadian Letters of Credit issued for the account of the Canadian Borrower or any of its Canadian Subsidiaries and any drawings thereunder; provided that after giving effect to the issuance of such any Canadian L/C Credit Extension with respect to any Canadian Letter of Credit or the increase of the amount thereofCredit, (Aw) the Canadian Total Revolving Credit Outstandings shall not exceed the amount lesser of (I) the Revolving Credit Facility and (II) the Total Borrowing Base at such time, (x) the aggregate Outstanding Amount of the Canadian Commitment Revolving Credit Loans of any Canadian Revolving Credit Lender, plus such Canadian Revolving Credit Lender's Applicable Percentage of the Outstanding Amount of all Canadian L/C Obligations, plus such Canadian Revolving Credit Lender's Applicable Percentage of the Outstanding Amount of all Canadian Swing Line Loans shall not exceed such Canadian Revolving Credit Lender's Canadian Revolving Credit Commitment, (y) the Total Canadian Revolving Credit Outstandings shall not exceed the lesser of (I) the Canadian Revolving Credit Facility and (BII) the Canadian Borrowing Base, and (z) the Outstanding Amount of the Canadian L/C Obligations shall not exceed the Canadian Letter of Credit Sublimit. Each request by the Canadian Borrower for the issuance or amendment of a Canadian Letter of Credit shall be deemed to be a representation by the Canadian Borrower that the L/C SublimitCredit Extension so requested complies with the conditions set forth in the proviso to the preceding sentence. Within the foregoing limits, and subject to the terms and conditions hereof, each the Canadian Borrower’s 's ability to obtain Canadian Letters of Credit shall be fully revolving, and accordingly each the Canadian Borrower may, during the foregoing period, obtain Canadian Letters of Credit to replace Canadian Letters of Credit that have expired or that have been drawn upon and reimbursed. (iii) The No Canadian Lender L/C Issuer shall be under no obligation to issue, amend or extend issue any Canadian Letters Letter of Credit, Credit if: (A) subject to Section 2.03(a)(iii), the expiry date of such requested Canadian Letter of Credit would occur (x) more than twelve months after the date of issuance or last extension extension, unless the Required Canadian Lenders have approved such expiry date; or (B) the expiry date of such requested Letter of Credit would occur after the Letter of Credit Expiration Date.; or (C) (1) if at the time of such issuance, solvency deficiencies under the Canadian Pension Plans of the Canadian Loan Parties shall exist and after giving effect to such issuance, the Canadian Excess Availability would be less than 50% of the Canadian Borrowing Base or (y2) after the day that is seven days prior to aggregate amount of solvency deficiencies under the Maturity Date then in effect (or, if such day is not Canadian Pension Plans of the Canadian Loan Parties which provide benefits on a Business Day, the next preceding Business Day)defined benefit basis shall exceed $20,000,000. (Biii) No Canadian L/C Issuer shall be under any obligation to issue any Canadian Letter of Credit if: (A) any order, judgment or decree of any Governmental Authority or arbitrator shall by its terms purport to enjoin or restrain the such Canadian Lender L/C Issuer from issuing such Canadian Letter of Credit, or any Law applicable to the such Canadian Lender L/C Issuer or any request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over the such Canadian Lender L/C Issuer shall prohibit, or request that the such Canadian Lender L/C Issuer refrain from, the issuance of letters of credit generally or such Canadian Letter of Credit in particular or shall impose upon the such Canadian Lender L/C Issuer with respect to such Canadian Letter of Credit any restriction, reserve or capital requirement (for which the such Canadian Lender L/C Issuer is not otherwise compensated hereunder) not in effect on the Third Restatement DateClosing Date and which such Canadian L/C Issuer in good xxxxx xxxxx applicable to it, or shall impose upon the such Canadian Lender L/C Issuer any unreimbursed loss, cost or expense which was not applicable on the Third Restatement Closing Date and which the such Canadian Lender L/C Issuer in good xxxxx xxxxx material to it; (CB) the issuance of such Canadian Letter of Credit would violate one or more policies of the such Canadian Lender L/C Issuer applicable to letters of credit generally; or; (C) [reserved]; (D) such Letter of Credit is to be denominated in a currency other than Dollars or Canadian Dollars; or (E) any Canadian Revolving Credit Lender is at that time a Defaulting Lender, unless such Canadian L/C Issuer has entered into arrangements, including reallocation of the Defaulting Lender's Applicable Percentage of the outstanding Canadian L/C Obligations pursuant to Section 2.17(d) or the delivery of Cash Collateral, in a manner satisfactory to such Canadian L/C Issuer (in its sole discretion) with the applicable Borrower or such Lender to eliminate such Canadian L/C Issuer's actual or potential Fronting Exposure (after giving effect to Section 2.17(d)) with respect to the Defaulting Lender arising from either the Letter of Credit then proposed to be issued or that Letter of Credit and all other Canadian L/C Obligations as to which such Canadian L/C Issuer has actual or potential Fronting Exposure, as it may elect in its sole discretion. (iiiv) The No Canadian Lender L/C Issuer shall amend any Letter of Credit if such Canadian L/C Issuer would not be permitted at such time to issue such Letter of Credit in its amended form under the terms hereof. (v) No Canadian L/C Issuer shall be under no any obligation to amend any Canadian Letter of Credit if (A) the such Canadian Lender L/C Issuer would have no obligation at such time to issue such Canadian Letter of Credit in its amended form under the terms hereof, or (B) the beneficiary of such Canadian Letter of Credit does not accept the proposed amendment to such Canadian Letter of Credit. (vi) Each Canadian L/C Issuer shall act on behalf of the Canadian Revolving Credit Lenders with respect to any Letters of Credit issued by it and the documents associated therewith, and each Canadian L/C Issuer shall have all of the benefits and immunities (A) provided to the Administrative Agent in Article IX with respect to any acts taken or omissions suffered by such Canadian L/C Issuer in connection with Letters of Credit issued by it or proposed to be issued by it and Issuer Documents pertaining to such Letters of Credit as fully as if the term “Administrative Agent” as used in Article IX included such Canadian L/C Issuer with respect to such acts or omissions, and (B) as additionally provided herein with respect to such Canadian L/C Issuer.

Canadian Letter of Credit Commitment. (i) Subject to the terms and conditions set forth herein, (A) each Canadian L/C Issuer under the Canadian Lender agrees Revolving Credit Facility agrees, in reliance upon the agreements of the Canadian Revolving Credit Lenders under the Canadian Revolving Credit Facility set forth in this Section 2.01(e), (i1) from time to time on any Business Day during the period from the Closing Date until the Letter of Credit Expiration Date, to issue letters of credit denominated in Canadian Dollars (each such letter of credit, a the “Canadian Letter Letters of Credit”) in U.S. Dollars, Canadian Dollarsor such other currencies as any Canadian Borrower may request and which are reasonably available to the applicable Canadian L/C Issuer, for the account of any the Canadian BorrowerBorrowers or their respective Subsidiaries, and to amend or extend Canadian Letters of Credit previously issued by it it, in accordance with Section 2.03(b), and (ii2) to honor drawings under the Canadian Letters of CreditCredit issued by it; and (B) the Canadian Revolving Credit Lenders under the Canadian Revolving Credit Facility severally agree to participate in Canadian Letters of Credit issued under the Canadian Revolving Credit Facility for the account of the Canadian Borrowers and their respective Subsidiaries and any drawings thereunder; provided that after giving effect to the issuance of such any Canadian L/C Credit Extension with respect to any Canadian Letter of Credit or the increase of the amount thereofCredit, (Aw) the Canadian Total Revolving Credit Outstandings at such time shall not exceed the amount U.S. Revolving Credit Facility, (x) the Total Revolving Credit Outstandings in respect of the Canadian Commitment Revolving Credit Facility at such time shall not exceed the Canadian Revolving Credit Facility and (By) the aggregate Outstanding Amount of the Canadian Revolving Credit Loans of any Canadian Revolving Credit Lender, plus such Lender’s Applicable Revolving Credit Percentage of the Outstanding Amount of all Canadian L/C Obligations Obligations, plus such Lender’s Applicable Revolving Credit Percentage of the Outstanding Amount of all Canadian Swing Line Loans shall not exceed such Lender’s Canadian Revolving Credit Commitment. Each request by a Canadian Borrower for the issuance or amendment of a Canadian Letter of Credit shall be deemed to be a representation by such Borrower that the Canadian L/C SublimitCredit Extension so requested complies with the conditions set forth in the proviso to the preceding sentence. Within the foregoing limits, and subject to the terms and conditions hereof, each Canadian Borrower’s ability to obtain Canadian Letters of Credit shall be fully revolving, and accordingly each the Canadian Borrower Borrowers may, during the foregoing period, obtain Canadian Letters of Credit to replace Canadian Letters of Credit that have expired or that have been drawn upon and reimbursed. All Existing Letters of Credit issued for the account of Canadian Borrowers or their Subsidiaries shall be deemed to have been issued pursuant hereto, and from and after the Closing Date shall be subject to and governed by the terms and conditions hereof. (iii) The No Canadian Lender L/C Issuer shall be under no obligation to issue, amend or extend issue any Canadian Letters Letter of Credit, Credit if: (A) subject to Section 2.03(a)(iv), the expiry date of such requested Canadian Letter of Credit would occur more than twelve months after the date of issuance or last extension, unless the Required Revolving Lenders have approved such expiry date; or (B) the expiry date of such requested Canadian Letter of Credit would occur (x) more than twelve months after the date Letter of issuance or last extension or (y) after Credit Expiration Date, unless all the day that is seven days prior to the Maturity Date then in effect (or, if Revolving Credit Lenders have approved such day is not a Business Day, the next preceding Business Day)expiry date. (Biii) No Canadian L/C Issuer shall be under any obligation to issue any Canadian Letter of Credit if: (A) any order, judgment or decree of any Governmental Authority or arbitrator shall by its terms purport to enjoin or restrain the such Canadian Lender L/C Issuer from issuing such Canadian Letter of Credit, or any Law applicable to the such Canadian Lender L/C Issuer or any request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over the such Canadian Lender L/C Issuer shall prohibit, or request that the such Canadian Lender L/C Issuer refrain from, the issuance of letters of credit generally or such Canadian Letter of Credit in particular or shall impose upon the such Canadian Lender L/C Issuer with respect to such Canadian Letter of Credit any restriction, reserve or capital requirement (for which the such Canadian Lender L/C Issuer is not otherwise compensated hereunder) not in effect on the Third Restatement Closing Date, or shall impose upon the such Canadian Lender L/C Issuer any unreimbursed loss, cost or expense which was not applicable on the Third Restatement Closing Date (for which such Canadian L/C Issuer is not otherwise compensated hereunder) and which the such Canadian Lender L/C Issuer in good xxxxx xxxxx material to it; (CB) the issuance of such Canadian Letter of Credit would violate one or more policies of the such Canadian Lender L/C Issuer applicable to letters of credit generally; or; (C) except as otherwise agreed by the Administrative Agent and such Canadian L/C Issuer, such Canadian Letter of Credit is in an initial stated amount of less than $25,000; (D) such Letter Canadian L/C Issuer does not as of Credit is to be denominated in a currency other than Canadian Dollars. (ii) The Canadian Lender shall be under no obligation to amend any the issuance date of such requested Canadian Letter of Credit if (A) issue letters of credit in the Canadian Lender would have no obligation at such time to issue such Canadian Letter of Credit in its amended form under the terms hereof, or (B) the beneficiary of such Canadian Letter of Credit does not accept the proposed amendment to such Canadian Letter of Credit.requested currency;

Canadian Letter of Credit Commitment. Subject to the terms and conditions set forth herein, the Canadian Lender agrees (i) to issue letters of credit denominated in Canadian Dollars (each such letter of credit, a “Canadian Letter of Credit”) for the account of any Canadian Borrower, and to amend or extend Canadian Letters of Credit previously issued by it and (ii) to honor drawings under the Canadian Letters of Credit; provided that after giving effect to the issuance of such Canadian Letter of Credit or the increase of the amount thereof, (A) the Canadian Total Outstandings shall not exceed the amount of the Canadian Commitment and (B) the Outstanding Amount of the Canadian L/C Obligations shall not exceed the Canadian L/C Sublimit. Within the foregoing limits, and subject to the terms and conditions hereof, each Canadian Borrower’s ability to obtain Canadian Letters of Credit shall be fully revolving, and accordingly each Canadian Borrower may, during the foregoing period, obtain Canadian Letters of Credit to replace Canadian Letters of Credit that have expired or that have been drawn upon and reimbursed. (i) The Canadian Lender shall be under no obligation to issue, amend or extend any Canadian Letters of Credit, if: (A) the expiry date of such requested Canadian Letter of Credit would occur (x) more than twelve months after the date of issuance or last extension or (y) after the day that is seven days prior to the Maturity Date then in effect (or, if such day is not a Business Day, the next preceding Business Day). (B) any order, judgment or decree of any Governmental Authority or arbitrator shall by its terms purport to enjoin or restrain the Canadian Lender from issuing such Canadian Letter of Credit, or any Law applicable to the Canadian Lender or any request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over the Canadian Lender shall prohibit, or request that the Canadian Lender refrain from, the issuance of letters of credit generally or such Canadian Letter of Credit in particular or shall impose upon the Canadian Lender with respect to such Canadian Letter of Credit any restriction, reserve or capital requirement (for which the Canadian Lender is not otherwise compensated hereunder) not in effect on the Third Restatement Closing Date, or shall impose upon the Canadian Lender any unreimbursed loss, cost or expense which was not applicable on the Third Restatement Closing Date and which the Canadian Lender in good xxxxx xxxxx material to it; (C) the issuance of such Canadian Letter of Credit would violate one or more policies of the Canadian Lender applicable to letters of credit generally; or (D) such Letter of Credit is to be denominated in a currency other than Canadian Dollars. (ii) The Canadian Lender shall be under no obligation to amend any Canadian Letter of Credit if (A) the Canadian Lender would have no obligation at such time to issue such Canadian Letter of Credit in its amended form under the terms hereof, or (B) the beneficiary of such Canadian Letter of Credit does not accept the proposed amendment to such Canadian Letter of Credit.

Canadian Letter of Credit Commitment. (i) Subject to the terms and conditions set forth herein, (A) the Canadian Lender agrees L/C Issuer agrees, in reliance upon the agreements of the Canadian Revolving Credit Lenders set forth in this Section 2.01(d) and Section 2.03, (i1) from time to time on any Business Day during the period from the Closing Date until the Letter of Credit Expiration Date, to issue letters Canadian Letters of credit denominated in Canadian Dollars (each such letter of credit, a “Canadian Letter of Credit”) Credit for the account of any Canadian BorrowerBorrower or any of their Canadian Subsidiaries, and to amend or extend Canadian Letters of Credit previously issued by it it, in accordance with Section 2.03(a), and (ii2) to honor drawings under the Canadian Letters of Credit; and (B) the Canadian Revolving Credit Lenders severally agree to participate in Canadian Letters of Credit issued for the account of any Canadian Borrower or any of their Canadian Subsidiaries and any drawings thereunder; provided that after giving effect to the issuance of such any Canadian L/C Credit Extension with respect to any Canadian Letter of Credit or the increase of the amount thereofCredit, (Aw) the Canadian Total Revolving Credit Outstandings shall not exceed the amount lesser of (I) the Revolving Credit Facility and (II) the Total Borrowing Base at such time, (x) the aggregate Outstanding Amount of the Canadian Commitment Revolving Credit Loans of any Canadian Revolving Credit Lender, plus such Canadian Revolving Credit Lender’s Applicable Percentage of the Outstanding Amount of all Canadian L/C Obligations, plus such Canadian Revolving Credit Lender’s Applicable Percentage of the Outstanding Amount of all Canadian Swing Line Loans shall not exceed such Canadian Revolving Credit Lender’s Canadian Revolving Credit Commitment, (y) the Total Canadian Revolving Credit Outstandings shall not exceed the lesser of (I) the Canadian Revolving Credit Facility and (BII) the Canadian Borrowing Base, and (z) the Outstanding Amount of the Canadian L/C Obligations shall not exceed the Canadian Letter of Credit Sublimit. Each request by a Canadian Borrower for the issuance or amendment of a Canadian Letter of Credit shall be deemed to be a representation by such Canadian Borrower that the L/C SublimitCredit Extension so requested complies with the conditions set forth in the proviso to the preceding sentence. Within the foregoing limits, and subject to the terms and conditions hereof, each the Canadian Borrower’s Borrowers’ ability to obtain Canadian Letters of Credit shall be fully revolving, and accordingly each Canadian Borrower may, during the foregoing period, obtain Canadian Letters of Credit to replace Canadian Letters of Credit that have expired or that have been drawn upon and reimbursed. . The Canadian L/C Issuer’s Commitment to issue Canadian Letters of Credit shall automatically terminate on the earlier to occur of (ix) the date of termination of the Canadian Revolving Credit Commitments pursuant to Section 2.06, and (y) the date 30 days prior to the Maturity Date. Credit if: (ii) The Canadian Lender L/C Issuer shall be under no obligation to issue, amend or extend not issue any Canadian Letters of Credit, if:Letter of (A) subject to Section 2.03(a)(i), the expiry date of such requested Canadian Letter of Credit would occur (x) more than twelve months after the date of issuance or last extension or (y) after extension, unless the day that is seven days prior to the Maturity Date then in effect (Required Canadian Lenders have approved such expiry date; or, if such day is not a Business Day, the next preceding Business Day). (B) any order, judgment or decree of any Governmental Authority or arbitrator shall by its terms purport to enjoin or restrain the Canadian Lender from issuing such Canadian Letter of Credit, or any Law applicable to the Canadian Lender or any request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over the Canadian Lender shall prohibit, or request that the Canadian Lender refrain from, the issuance of letters of credit generally or such Canadian Letter of Credit in particular or shall impose upon the Canadian Lender with respect to such Canadian Letter of Credit any restriction, reserve or capital requirement (for which the Canadian Lender is not otherwise compensated hereunder) not in effect on the Third Restatement Date, or shall impose upon the Canadian Lender any unreimbursed loss, cost or expense which was not applicable on the Third Restatement Date and which the Canadian Lender in good xxxxx xxxxx material to it; (C) the issuance expiry date of such Canadian requested Letter of Credit would violate one or more policies of occur after the Canadian Lender applicable to letters of credit generally; or (D) such Letter of Credit is to be denominated in a currency other than Canadian DollarsExpiration Date. (ii) The Canadian Lender shall be under no obligation to amend any Canadian Letter of Credit if (A) the Canadian Lender would have no obligation at such time to issue such Canadian Letter of Credit in its amended form under the terms hereof, or (B) the beneficiary of such Canadian Letter of Credit does not accept the proposed amendment to such Canadian Letter of Credit.

Canadian Letter of Credit Commitment. (i) Subject to the terms and conditions set forth herein, (A) the Canadian Lender agrees L/C Issuer agrees, in reliance upon the agreements of the Canadian Revolving Credit Lenders set forth in this Section 2.01(d) and Section 2.03, (i1) from time to time on any Business Day during the period from the Closing Date until the Letter of Credit Expiration Date, to issue letters Canadian Letters of credit denominated in Canadian Dollars (each such letter of credit, a “Canadian Letter of Credit”) Credit for the account of any Canadian BorrowerBorrower or any of their Canadian Subsidiaries, and to amend or extend Canadian Letters of Credit previously issued by it it, in accordance with Section 2.03(a), and (ii2) to honor drawings under the Canadian Letters of Credit; and (B) the Canadian Revolving Credit Lenders severally agree to participate in Canadian Letters of Credit issued for the account of any Canadian Borrower or any of their Canadian Subsidiaries and any drawings thereunder; provided that after giving effect to the issuance of such any Canadian L/C Credit Extension with respect to any Canadian Letter of Credit or the increase of the amount thereofCredit, (Aw) the Canadian Total Revolving Credit Outstandings shall not exceed the amount lesser of (I) the Revolving Credit Facility and (II) the Total Borrowing Base at such time, (x) the aggregate Outstanding Amount of the Canadian Commitment Revolving Credit Loans of any Canadian Revolving Credit Lender, plus such Canadian Revolving Credit Lender’s Applicable Percentage of the Outstanding Amount of all Canadian L/C Obligations, plus such Canadian Revolving Credit Lender’s Applicable Percentage of the Outstanding Amount of all Canadian Swing Line Loans shall not exceed such Canadian Revolving Credit Lender’s Canadian Revolving Credit Commitment, (y) the Total Canadian Revolving Credit Outstandings shall not exceed the lesser of (I) the Canadian Revolving Credit Facility and (BII) the Canadian Borrowing Base, and (z) the Outstanding Amount of the Canadian L/C Obligations shall not exceed the Canadian Letter of Credit Sublimit. Each request by a Canadian Borrower for the issuance or amendment of a Canadian Letter of Credit shall be deemed to be a representation by such Canadian Borrower that the L/C SublimitCredit Extension so requested complies with the conditions set forth in the proviso to the preceding sentence. Within the foregoing limits, and subject to the terms and conditions hereof, each the Canadian Borrower’s Borrowers’ ability to obtain Canadian Letters of Credit shall be fully revolving, and accordingly each Canadian Borrower may, during the foregoing period, obtain Canadian Letters of Credit to replace Canadian Letters of Credit that have expired or that have been drawn upon and reimbursed. The Canadian L/C Issuer’s Commitment to issue Canadian Letters of Credit shall automatically terminate on the earlier to occur of (x) the date of termination of the Canadian Revolving Credit Commitments pursuant to Section 2.06, and (y) the date 30 days prior to the Maturity Date. (iii) The Canadian Lender L/C Issuer shall be under no obligation to issue, amend or extend not issue any Canadian Letters Letter of Credit, Credit if: (A) subject to Section 2.03(a)(i), the expiry date of such requested Canadian Letter of Credit would occur (x) more than twelve months after the date of issuance or last extension or extension, unless the Required Canadian Lenders have approved such expiry date; or (yB) the expiry date of such requested Letter of Credit would occur after the day that is seven days prior to the Maturity Date then in effect (or, if such day is not a Business Day, the next preceding Business Day)Letter of Credit Expiration Date. (Biii) The Canadian L/C Issuer shall not be under any obligation to issue any Canadian Letter of Credit if: (A) any order, judgment or decree of any Governmental Authority or arbitrator shall by its terms purport to enjoin or restrain the Canadian Lender L/C Issuer from issuing such Canadian Letter of Credit, or any Law applicable to the Canadian Lender L/C Issuer or any request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over the Canadian Lender L/C Issuer shall prohibit, or request that the Canadian Lender L/C Issuer refrain from, the issuance of letters of credit generally or such Canadian Letter of Credit in particular or shall impose upon the Canadian Lender L/C Issuer with respect to such Canadian Letter of Credit any restriction, reserve or capital requirement (for which the Canadian Lender L/C Issuer is not otherwise compensated hereunder) not in effect on the Third Restatement DateEffective Date and which the Canadian L/C Issuer in good xxxxx xxxxx applicable to it, or shall impose upon the Canadian Lender L/C Issuer any unreimbursed loss, cost or expense which was not applicable on the Third Restatement Effective Date and which the Canadian Lender L/C Issuer in good xxxxx xxxxx material to it; (CB) the issuance of such Canadian Letter of Credit would violate one or more policies of the Canadian Lender L/C Issuer applicable to letters of credit generally; or; (DC) such Letter of Credit is to be denominated in a currency other than Dollars or Canadian Dollars; or (D) a default of any Canadian Revolving Credit Lender’s obligations to fund under Section 2.03(b) exists or any Canadian Appropriate Lender is at such time a Defaulting Lender hereunder, unless the Canadian L/C Issuer has entered into reasonably satisfactory arrangements with the Canadian Borrowers or such Lender to eliminate the Canadian L/C Issuer’s risk with respect to such Lender. (iiiv) The Canadian Lender L/C Issuer shall not amend any Letter of Credit if the Canadian L/C Issuer would not be permitted at such time to issue such Letter of Credit in its amended form under the terms hereof. (v) The Canadian L/C Issuer shall be under no obligation to amend any Canadian Letter of Credit if (A) the Canadian Lender L/C Issuer would have no obligation at such time to issue such Canadian Letter of Credit in its amended form under the terms hereof, or (B) the beneficiary of such Canadian Letter of Credit does not accept the proposed amendment to such Canadian Letter of Credit.

Canadian Letter of Credit Commitment. (i) Subject to the terms and conditions set forth herein, (A) the Canadian Lender agrees L/C Issuer agrees, in reliance upon the agreements of the Canadian Revolving Credit Lenders set forth in this Section 2.01(d) and Section 2.03, (i1) from time to time on any Business Day during the period from the Closing Date until the Letter of Credit Expiration Date, to issue letters Canadian Letters of credit denominated in Canadian Dollars (each such letter of credit, a “Canadian Letter of Credit”) Credit for the account of the Canadian Borrower or any of its Canadian BorrowerSubsidiaries, and to amend or extend Canadian Letters of Credit previously issued by it it, in accordance with Section 2.03(a), and (ii2) to honor drawings under the Canadian Letters of Credit; and (B) the Canadian Revolving Credit Lenders severally agree to participate in Canadian Letters of Credit issued for the account of the Canadian Borrower or any of its Canadian Subsidiaries and any drawings thereunder; provided that after giving effect to the issuance of such any Canadian L/C Credit Extension with respect to any Canadian Letter of Credit or the increase of the amount thereofCredit, (Aw) the Canadian Total Revolving Credit Outstandings shall not exceed the amount lesser of (I) the Revolving Credit Facility and (II) the Total Borrowing Base at such time, (x) the aggregate Outstanding Amount of the Canadian Commitment Revolving Credit Loans of any Canadian Revolving Credit Lender, plus such Canadian Revolving Credit Lender’s Applicable Percentage of the Outstanding Amount of all Canadian L/C Obligations, plus such Canadian Revolving Credit Lender’s Applicable Percentage of the Outstanding Amount of all Canadian Swing Line Loans shall not exceed such Canadian Revolving Credit Lender’s Canadian Revolving Credit Commitment, (y) the Total Canadian Revolving Credit Outstandings shall not exceed the lesser of (I) the Canadian Revolving Credit Facility and (BII) the Canadian Borrowing Base, and (z) the Outstanding Amount of the Canadian L/C Obligations shall not exceed the Canadian Letter of Credit Sublimit; and provided further that, no Credit Extensions under the Canadian Revolving Credit Facility shall be permitted at any time prior to the satisfaction of the Canadian Availability Condition. Each request by the Canadian Borrower for the issuance or amendment of a Canadian Letter of Credit shall be deemed to be a representation by the Canadian Borrower that the L/C SublimitCredit Extension so requested complies with the conditions set forth in the proviso to the preceding sentence. Within the foregoing limits, and subject to the terms and conditions hereof, each the Canadian Borrower’s ability to obtain Canadian Letters of Credit shall be fully revolving, and accordingly each the Canadian Borrower may, during the foregoing period, obtain Canadian Letters of Credit to replace Canadian Letters of Credit that have expired or that have been drawn upon and reimbursed. (iii) The Canadian Lender L/C Issuer shall be under no obligation to issue, amend or extend not issue any Canadian Letters Letter of Credit, Credit if: (A) subject to Section 2.03(a)(iii), the expiry date of such requested Canadian Letter of Credit would occur (x) more than twelve months after the date of issuance or last extension or extension, unless the Required Canadian Lenders have approved such expiry date; or (yB) the expiry date of such requested Letter of Credit would occur after the day that is seven days prior to the Maturity Date then in effect (or, if such day is not a Business Day, the next preceding Business Day)Letter of Credit Expiration Date. (Biii) The Canadian L/C Issuer shall not be under any obligation to issue any Canadian Letter of Credit if: (A) any order, judgment or decree of any Governmental Authority or arbitrator shall by its terms purport to enjoin or restrain the Canadian Lender L/C Issuer from issuing such Canadian Letter of Credit, or any Law applicable to the Canadian Lender L/C Issuer or any request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over the Canadian Lender L/C Issuer shall prohibit, or request that the Canadian Lender L/C Issuer refrain from, the issuance of letters of credit generally or such Canadian Letter of Credit in particular or shall impose upon the Canadian Lender L/C Issuer with respect to such Canadian Letter of Credit any restriction, reserve or capital requirement (for which the Canadian Lender L/C Issuer is not otherwise compensated hereunder) not in effect on the Third Restatement DateClosing Date and which the Canadian L/C Issuer in good xxxxx xxxxx applicable to it, or shall impose upon the Canadian Lender L/C Issuer any unreimbursed loss, cost or expense which was not applicable on the Third Restatement Closing Date and which the Canadian Lender L/C Issuer in good xxxxx xxxxx material to it; (CB) the issuance of such Canadian Letter of Credit would violate one or more policies of the Canadian Lender L/C Issuer applicable to letters of credit generally; or; (C) [reserved]; (D) such Letter of Credit is to be denominated in a currency other than Dollars or Canadian Dollars; or (E) a default of any Canadian Revolving Credit Lender’s obligations to fund under Section 2.03(b) exists or any Canadian Appropriate Lender is at such time a Defaulting Lender hereunder, unless the Canadian L/C Issuer has entered into reasonably satisfactory arrangements with the Canadian Borrower or such Lender to eliminate the Canadian L/C Issuer’s risk with respect to such Lender. (iiiv) The Canadian Lender L/C Issuer shall not amend any Letter of Credit if the Canadian L/C Issuer would not be permitted at such time to issue such Letter of Credit in its amended form under the terms hereof. (v) The Canadian L/C Issuer shall be under no obligation to amend any Canadian Letter of Credit if (A) the Canadian Lender L/C Issuer would have no obligation at such time to issue such Canadian Letter of Credit in its amended form under the terms hereof, or (B) the beneficiary of such Canadian Letter of Credit does not accept the proposed amendment to such Canadian Letter of Credit. (vi) The Canadian L/C Issuer shall act on behalf of the Canadian Revolving Credit Lenders with respect to any Letters of Credit issued by it and the documents associated therewith, and the Canadian L/C Issuer shall have all of the benefits and immunities (A) provided to the Administrative Agent in Article IX with respect to any acts taken or omissions suffered by the Canadian L/C Issuer in connection with Letters of Credit issued by it or proposed to be issued by it and Issuer Documents pertaining to such Letters of Credit as fully as if the term “Administrative Agent” as used in Article IX included the Canadian L/C Issuer with respect to such acts or omissions, and (B) as additionally provided herein with respect to the Canadian L/C Issuer