Common use of Canadian Protective Advances Clause in Contracts

Canadian Protective Advances. Agent (acting through its Canada branch) shall be authorized, in its discretion, at any time that any conditions in Section 6 are not satisfied, to make Canadian Prime Rate Revolver Loans ("Canadian Protective Advances") (a) up to an aggregate amount of 10% of the Canadian Borrowing Base outstanding at any time, if Agent deems such Canadian Revolver Loans necessary or desirable to preserve or protect Canadian Collateral, or to enhance the collectability or repayment of Canadian Obligations, as long as such Canadian Revolver Loans do not cause (i) Canadian Revolver Usage to exceed the aggregate Canadian Revolver Commitments or (ii) Revolver Usage to exceed the aggregate Revolver Commitments; or (b) to pay any other amounts chargeable to Canadian Obligors under any Loan Documents, including interest, costs, fees and expenses. Canadian Lenders shall participate on a Pro Rata basis in Canadian Protective Advances outstanding from time to time. Canadian Required Lenders may at any time revoke Agent's authority to make further Canadian Protective Advances under clause (a) by written notice to Agent. Absent such revocation, Agent's determination that funding of a Canadian Protective Advance is appropriate shall be conclusive.

Appears in 2 contracts

Samples: Loan, Guaranty and Security Agreement (Guess Inc), Loan, Guaranty and Security Agreement (Guess Inc)

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Canadian Protective Advances. Agent (including acting through its Canada branch) shall be authorized, in its discretion, at any time that any conditions in Section 6 are not satisfied, to make Canadian Prime Rate Revolver Loans or Canadian Base Rate Revolver Loans ("Canadian Protective Advances") (aA) up to an aggregate amount of 10% ten (10)% of the Canadian Borrowing Base outstanding at any time, if Agent deems such Canadian Revolver Loans necessary or desirable to preserve or protect Canadian Collateral, or to enhance the collectability or repayment of Canadian Obligations, as long as such Canadian Revolver Loans do not cause (i) Canadian Revolver Usage to exceed the aggregate Canadian Revolver Commitments or (ii) the Revolver Usage to exceed the aggregate Revolver Commitments; or (bB) to pay any other amounts chargeable to Canadian Obligors under any Loan Documents, including interest, costs, fees and expenses. Canadian Lenders shall participate on a Pro Rata basis in Canadian Protective Advances outstanding from time to time. Canadian Required Lenders may at any time revoke Agent's ’s authority to make further Canadian Protective Advances under clause (aA) by written notice to Agent. Absent such revocation, Agent's ’s determination that funding of a Canadian Protective Advance is appropriate shall be conclusive.

Appears in 1 contract

Samples: Loan and Security Agreement (Hydrofarm Holdings Group, Inc.)

Canadian Protective Advances. The Canadian Agent (acting through its Canada branch) shall be authorized, in its discretion, at any time that any conditions in Section 6 are not satisfied, to make Canadian Prime Loans as BA Equivalent Rate Revolver Loans ("Canadian Protective Advances") ”), (ai) up to an aggregate amount of 10% of the Canadian Borrowing Base Dollar Equivalent of U.S.$5,000,000 outstanding at any time, if the Canadian Agent deems such Canadian Revolver Loans necessary or desirable to preserve or protect Canadian Collateral, or to enhance the collectability collectibility or repayment of Canadian Obligations, as long as such Canadian Revolver Loans do not cause (i) the Total Canadian Revolver Usage Outstandings to exceed the aggregate Aggregate Canadian Revolver Commitments or (ii) Revolver Usage to exceed the aggregate Revolver Commitments; or (bii) to pay any other amounts chargeable to the Canadian Obligors Borrower under any Loan Documents, including interest, costs, fees and expenses. Each Canadian Lenders Lender shall participate in each Canadian Protective Advance made to the Canadian Borrower on a Pro Rata basis in Canadian Protective Advances outstanding from time to timebasis. Canadian Required Lenders may at any time revoke Canadian Agent's ’s authority to make further Canadian Protective Advances under clause (ai) by written notice to Canadian Agent. Absent such revocation, the Canadian Agent's ’s determination that funding of a Canadian Protective Advance is appropriate shall be conclusive.

Appears in 1 contract

Samples: First Amendment Agreement (United Natural Foods Inc)

Canadian Protective Advances. Agent (acting through its Canada branch) shall be authorized, in its discretion, at any time that any conditions in Section 6 are not satisfied, to make Canadian Prime Rate Revolver Loans ("Canadian Protective Advances") (a) up to an aggregate amount of 10% of the Canadian Borrowing Base outstanding at any time, if Agent deems such Canadian Revolver Loans necessary or desirable to preserve or protect Canadian Collateral, or to enhance the collectability or repayment of Canadian Obligations, as long as such Canadian Revolver Loans do not cause (i) Canadian Revolver Usage to exceed the aggregate Canadian Revolver Commitments or (ii) Revolver Usage to exceed the aggregate Revolver Commitments; or (b) to pay any other amounts chargeable to Canadian Obligors under any Loan Documents, including interest, costs, fees and expenses. Canadian Lenders shall participate on a Pro Rata basis in Canadian Protective Advances outstanding from time to time. Canadian Required Lenders may at any time revoke Agent's ’s authority to make further Canadian Protective Advances under clause (a) by written notice to Agent. Absent such revocation, Agent's ’s determination that funding of a Canadian Protective Advance is appropriate shall be conclusive.

Appears in 1 contract

Samples: Loan Agreement (Guess Inc)

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Canadian Protective Advances. Agent (acting through its Canada branch) shall be authorized, in its discretion, at any time that any conditions in Section 6 are not satisfied, to make Canadian Prime Rate Revolver Loans ("Canadian Protective Advances") (a) up to an aggregate amount of 10% of the Canadian Borrowing Base outstanding at any time, if Agent deems such Canadian Revolver Loans necessary or desirable to preserve or protect Canadian Collateral, or to enhance the collectability or repayment of Canadian Obligations, as long as such Canadian Revolver Loans do not cause (i) Canadian Revolver Usage to exceed the aggregate Canadian Revolver Commitments or (ii) Revolver Usage to exceed the aggregate Revolver Commitments; or (b) to pay any other amounts chargeable to Canadian Obligors under any Loan Documents, including interest, costs, fees and expenses. Canadian Lenders shall participate on a Pro Rata basis in Canadian Protective Advances outstanding from time to time. Canadian Required Lenders Xxxxxxx may at any time revoke Agent's ’s authority to make further Canadian Protective Advances under clause (a) by written notice to Agent. Absent such revocation, Agent's ’s determination that funding of a Canadian Protective Advance is appropriate shall be conclusive.

Appears in 1 contract

Samples: Loan Agreement (Guess Inc)

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