Common use of Circumstances Making Bankers’ Acceptances Unavailable Clause in Contracts

Circumstances Making Bankers’ Acceptances Unavailable. (i) If, with respect to any proposed Drawing, the Administrative Agent determines in good faith that circumstances affecting the money markets at the time any related Notice of Borrowing is delivered or is outstanding will result in there being no market for the Bankers’ Acceptances to be created in connection with such Drawing or an insufficient demand for such Bankers’ Acceptances to allow the Canadian Lenders creating such Bankers’ Acceptances to sell or trade the Bankers’ Acceptances to be created and purchased or discounted by them hereunder in connection with such Drawing, then, upon notice to the Canadian Borrower and the Canadian Lenders thereof, (A) the Notice of Borrowing with respect to such proposed Drawing shall be cancelled and the Drawing requested therein shall not be made and (B) the right of the Canadian Borrower to request a Drawing shall be suspended until the Administrative Agent shall notify the Canadian Borrower that the circumstances causing such suspension no longer exist. The Administrative Agent agrees that it will, as promptly as practicable, notify the Canadian Borrower of the unavailability of Bankers’ Acceptances.

Circumstances Making Bankers’ Acceptances Unavailable. (i) If, with respect to any proposed Drawing, the Administrative Agent determines in good faith that circumstances affecting the money markets at the time any related Notice of Borrowing is delivered or is outstanding will result in there being no market for the Bankers’ Acceptances to be created in connection with such Drawing or an insufficient demand for such Bankers’ Acceptances to allow the Canadian Lenders creating such Bankers’ Acceptances to sell or trade the Bankers’ Acceptances to be created and purchased or discounted by them hereunder in connection with such Drawing, then, upon notice to the applicable Canadian Borrower and the Canadian Lenders thereof, (A) the Notice of Borrowing with respect to such proposed Drawing shall be cancelled and the Drawing requested therein shall not be made and (B) the right of the such Canadian Borrower to request a Drawing shall be suspended until the Administrative Agent shall notify the such Canadian Borrower that the circumstances causing such suspension no longer exist. The Administrative Agent agrees that it will, as promptly as practicable, notify the such Canadian Borrower of the unavailability of Bankers’ Acceptances.

Circumstances Making Bankers’ Acceptances Unavailable. (i) 15. If, for any reason a market for bankers’ acceptances does not exist at any time or the Canadian Revolving Lenders cannot for other reasons, after reasonable efforts, readily sell bankers’ acceptances or perform their other obligations under the Credit Agreement and this Schedule X with respect to any proposed Drawingbankers’ acceptances, in each case, as determined in good faith by the Administrative Agent determines or Canadian Sub-Agent acting reasonably and in good faith that circumstances affecting respect of which the money markets at the time any related Notice of Borrowing is delivered Administrative Agent or is outstanding will result in there being no market for the Bankers’ Acceptances to be created in connection with such Drawing or an insufficient demand for such Bankers’ Acceptances to allow the Canadian Lenders creating such Bankers’ Acceptances to sell or trade the Bankers’ Acceptances to be created and purchased or discounted by them hereunder in connection with such Drawing, then, upon Sub-Agent shall have given notice to the Canadian Borrower Revolving Borrowers of the occurrence and the Canadian Lenders particulars thereof, (A) the Notice of Borrowing with respect to such proposed Drawing shall be cancelled and the Drawing requested therein shall not be made and (Bi) the right of the each Canadian Revolving Borrower to request a Drawing Bankers’ Acceptance Loan shall be suspended until the Administrative Agent shall notify the Canadian Borrower that the circumstances causing such a suspension no longer exist. The , (ii) any applicable Notice of Borrowing which is outstanding shall either: (x) be cancelled and the requested Bankers’ Acceptance Loan shall not be made or (y) the Administrative Agent agrees that it willor Canadian Sub-Agent may, as promptly as practicable, notify acting reasonably and taking into account any circumstances then affecting the Canadian Borrower Revolving Lenders and the availability of Loans, at the unavailability direction of Bankers’ Acceptancessuch Canadian Revolving Borrower, deem the aforementioned Notice of Borrowing a Notice of Borrowing for Canadian Prime Rate Loans.

Circumstances Making Bankers’ Acceptances Unavailable. (i) 15. If, for any reason a market for bankers' acceptances does not exist at any time or the Canadian Revolving Lenders cannot for other reasons, after reasonable efforts, readily sell bankers' acceptances or perform their other obligations under this Agreement with respect to any proposed Drawingbankers' acceptances, in each case, as determined in good faith by the Administrative Agent determines or Canadian Sub-Agent acting reasonably and in good faith that circumstances affecting respect of which the money markets at the time any related Notice of Borrowing is delivered Administrative Agent or is outstanding will result in there being no market for the Bankers’ Acceptances to be created in connection with such Drawing or an insufficient demand for such Bankers’ Acceptances to allow the Canadian Lenders creating such Bankers’ Acceptances to sell or trade the Bankers’ Acceptances to be created and purchased or discounted by them hereunder in connection with such Drawing, then, upon Sub-Agent shall have given notice to the Canadian Borrower Revolving Borrowers of the occurrence and the Canadian Lenders particulars thereof, there is no market for Bankers' Acceptances, (A) the Notice of Borrowing with respect to such proposed Drawing shall be cancelled and the Drawing requested therein shall not be made and (Bi) the right of the each Canadian Revolving Borrower to request a Drawing Bankers' Acceptance Loan shall be suspended until the Administrative Agent shall notify the Canadian Borrower that the circumstances causing such a suspension no longer exist. The , (ii) any applicable Notice of Borrowing which is outstanding shall either: (x) be cancelled and the requested Bankers' Acceptance Loan shall not be made or (y) the Administrative Agent agrees that it willor Canadian Sub-Agent may, as promptly as practicable, notify acting reasonably and taking into account any circumstances then affecting the Canadian Borrower Revolving Lenders and the availability of Loans, at the unavailability direction of Bankers’ Acceptancessuch Canadian Revolving Borrower, deem the aforementioned Notice of Borrowing a Notice of Borrowing for Canadian Prime Rate Loans.

Circumstances Making Bankers’ Acceptances Unavailable. (i) If, with respect to any proposed Drawing, the Administrative Sub-Agent determines in good faith that circumstances affecting the money markets at the time any related Notice of Borrowing is delivered or is outstanding will result in there being no market for the Bankers’ Acceptances to be created in connection with such Drawing or an insufficient demand for such Bankers’ Acceptances to allow the Canadian Lenders creating such Bankers’ Acceptances to sell or trade the Bankers’ Acceptances to be created and purchased or discounted by them hereunder in connection with such Drawing, then, upon notice to the Canadian Borrower and the Canadian Lenders thereof, (A) the Notice of Borrowing with respect to such proposed Drawing shall be cancelled and the Drawing requested therein shall not be made and (B) the right of the Canadian Borrower to request a Drawing shall be suspended until the Administrative Sub-Agent shall notify the Canadian Borrower that the circumstances causing such suspension no longer exist. The Administrative Sub-Agent agrees that it will, as promptly as practicable, notify the Canadian Borrower of the unavailability of Bankers’ Acceptances.

Circumstances Making Bankers’ Acceptances Unavailable. (i) If, with respect to any proposed Drawing, the Administrative Agent determines in good faith that by reason of circumstances affecting the money markets at the time any related Notice of Borrowing is delivered or is outstanding will result market generally, as determined in there being no market for the Bankers’ Acceptances to be created in connection with such Drawing or an insufficient demand for such Bankers’ Acceptances to allow good faith by the Canadian Lenders creating such Bankers’ Acceptances to sell or trade Administrative Agent acting reasonably and in respect of which the Bankers’ Acceptances to be created and purchased or discounted by them hereunder in connection with such Drawing, then, upon Canadian Administrative Agent shall have given notice to the Canadian Borrower Borrowers of the occurrence and the particulars thereof, there is no market for Bankers’ Acceptances or Canadian Lenders thereof, (A) the Notice of Borrowing cannot readily sell bankers’ acceptances or perform their obligations under this Agreement with respect to such proposed Drawing shall be cancelled and the Drawing requested therein shall not be made and bankers’ acceptances (Bi) the right of the Canadian Borrower Borrowers to request a Drawing Bankers’ Acceptance Loan shall be suspended until the Administrative Agent shall notify the Canadian Borrower that the circumstances causing such a suspension no longer exist, (ii) any applicable notice of Borrowing which is outstanding shall either: (x) be cancelled and the requested Bankers’ Acceptance Loan shall not be made or (y) the Canadian Administrative Agent may, acting reasonably and taking into account any circumstances then affecting the Canadian Lenders and the availability of Loans, at the direction of the Canadian Borrowers, deem the aforementioned notice of Borrowing, a notice of Borrowing for ABR Loans under the Canadian RC Facility. The Canadian Administrative Agent agrees that it will, as shall promptly as practicable, notify the Canadian Borrower of the unavailability suspension of the Canadian Borrower’s right to request a Bankers’ AcceptancesAcceptance Loan and of the termination of any suspension.

Circumstances Making Bankers’ Acceptances Unavailable. (i) If, with respect to any proposed Drawing, the Administrative Agent determines in good faith that by reason of circumstances affecting the money markets at the time any related Notice of Borrowing is delivered or is outstanding will result market generally, as determined in there being no market for the Bankers’ Acceptances to be created in connection with such Drawing or an insufficient demand for such Bankers’ Acceptances to allow good faith by the Canadian Lenders creating such Bankers’ Acceptances to sell or trade Administrative Agent acting reasonably and in respect of which the Bankers’ Acceptances to be created and purchased or discounted by them hereunder in connection with such Drawing, then, upon Canadian Administrative Agent shall have given notice to the Canadian Borrower Borrowers of the occurrence and the particulars thereof, there is no market for Bankers’ Acceptances or Canadian Lenders thereof, (A) the Notice of Borrowing cannot readily sell bankers’ acceptances or perform their obligations under this Agreement with respect to such proposed Drawing shall be cancelled and the Drawing requested therein shall not be made and bankers’ acceptances (Bi) the right of the Canadian Borrower Borrowers to request a Drawing Bankers’ Acceptance Loan shall be suspended until the Administrative Agent shall notify the Canadian Borrower that the circumstances causing such a suspension no longer exist, (ii) any applicable notice of Borrowing which is outstanding shall either: (x) be cancelled and the requested Bankers’ Acceptance Loan shall not be made or (y) the Canadian Administrative Agent may, acting reasonably and taking into account any circumstances then affecting the Canadian Lenders and the availability of Loans, at the direction of the Canadian Borrowers, deem the aforementioned notice of Borrowing, a notice of Borrowing for ABR Loans under the applicable Canadian RC Facility. The Canadian Administrative Agent agrees that it will, as shall promptly as practicable, notify the Canadian Borrower of the unavailability suspension of the Canadian Borrower’s right to request a Bankers’ AcceptancesAcceptance Loan and of the termination of any suspension.

Circumstances Making Bankers’ Acceptances Unavailable. (i) If, with respect to any proposed Drawing, the Administrative Agent determines in good faith that circumstances affecting the money markets at the time any related Notice of Borrowing is delivered or is outstanding will result in there being no market for the Bankers’ ' Acceptances to be created in connection with such Drawing or an insufficient demand for such Bankers’ ' Acceptances to allow the Canadian Lenders creating such Bankers’ ' Acceptances to sell or trade the Bankers’ ' Acceptances to be created and purchased or discounted by them hereunder in connection with such Drawing, then, upon notice to the applicable Canadian Borrower and the Canadian Lenders thereof, (A) the Notice of Borrowing with respect to such proposed Drawing shall be cancelled and the Drawing requested therein shall not be made and (B) the right of the such Canadian Borrower to request a Drawing shall be suspended until the Administrative Agent shall notify the such Canadian Borrower that the circumstances causing such suspension no longer exist. The Administrative Agent agrees that it will, as promptly as practicable, notify the such Canadian Borrower of the unavailability of Bankers’ ' Acceptances.

Circumstances Making Bankers’ Acceptances Unavailable. (i) If, with respect to any proposed Drawing, the Administrative Agent determines in good faith that by reason of circumstances affecting the money markets at the time any related Notice of Borrowing is delivered or is outstanding will result market generally, as determined in there being no market for the Bankers’ Acceptances to be created in connection with such Drawing or an insufficient demand for such Bankers’ Acceptances to allow good faith by the Canadian Lenders creating such Bankers’ Acceptances to sell or trade Administrative Agent acting reasonably and in respect of which the Bankers’ Acceptances to be created and purchased or discounted by them hereunder in connection with such Drawing, then, upon Canadian Administrative Agent shall have given notice to the Canadian Borrower Borrowers of the occurrence and the Canadian Lenders particulars thereof, (A) the Notice of Borrowing there is no market for Bankers’ Acceptances or Canadian RCF Lenders cannot readily sell bankers’ acceptances or perform their obligations under this Agreement with respect to such proposed Drawing shall be cancelled and the Drawing requested therein shall not be made and bankers’ acceptances (Bi) the right of the Canadian Borrower Borrowers to request a Drawing Bankers’ Acceptance Loan shall be suspended until the Administrative Agent shall notify the Canadian Borrower that the circumstances causing such a suspension no longer exist. The , (ii) any applicable notice of Borrowing which is outstanding shall either: (x) be cancelled and the requested Bankers’ Acceptance Loan shall not be made or (y) the Canadian Administrative Agent agrees that it willmay, as acting reasonably and taking into account any circumstances then affecting the Canadian RCF Lenders and the availability of Loans, at the direction of the Canadian Borrowers, deem the aforementioned notice of Borrowing, a notice of Borrowing for ABR Loans under the Canadian RC Facility. 107 The Canadian Administrative Agent shall promptly as practicable, notify the Canadian Borrower of the unavailability suspension of the Canadian Borrower’s right to request a Bankers’ AcceptancesAcceptance Loan and of the termination of any suspension.