Common use of Currency Fluctuations Clause in Contracts

Currency Fluctuations. (a) Not later than 1:00 p.m., Houston, Texas time, on each Calculation Date, the U.S. Administrative Agent shall determine the Exchange Rate as of such Calculation Date. The Exchange Rate so determined shall become effective on the first Business Day immediately following the relevant Calculation Date (a "Reset Date") and shall remain effective until the next succeeding Calculation Date. (b) Not later than 3:00 p.m., Houston, Texas time, on each Reset Date, the U.S. Administrative Agent shall consult with the Canadian Agent and the Agents shall determine the Total Canadian Exposure and the aggregate U.S. Obligations. (c) If, on any Reset Date or on the date of any reallocation of the U.S. Commitments and the Canadian Commitments pursuant to Section 2.04(c) hereof, the sum of the aggregate U.S. Obligations and the Total Canadian Exposure exceeds the aggregate of all of the U.S. Commitments and the Canadian Commitments (expressed in Dollars) by five percent (5%) or more, then (i) the Agents shall give notice thereof to the Lenders and the Borrowers and (ii) the Borrowers shall within two (2) Business Days thereafter, repay or prepay Loans (or provide Cover for Letter of Credit Liabilities or Bankers' Acceptance Liabilities) in accordance with this Agreement in an aggregate principal amount sufficient to reduce the sum of the aggregate U.S. Obligations and the Total Canadian Exposure to the aggregate of all of the U.S. Commitments and the Canadian Commitments (expressed in Dollars). (d) If, on any day prior to the Termination Date, the Total Canadian Exposure exceeds the aggregate of all of the Canadian Commitments (expressed in Dollars) by five percent (5%) or more, then (i) the Canadian Agent shall give notice thereof to the Canadian Borrower and the Canadian Lenders and (ii) within two Business Days thereafter, the Canadian Borrower shall repay or prepay the Canadian Loans (or provide Cover for Letter of Credit Liabilities relating to the Canadian Letters of Credit or Bankers' Acceptance Liabilities) in accordance with this Agreement in an aggregate principal amount such that, after giving effect thereto, the Total Canadian Exposure shall not exceed the aggregate of all of the Canadian Commitments (expressed in Dollars).

Appears in 2 contracts

Samples: Credit Agreement (Evi Inc), Credit Agreement (Evi Weatherford Inc)

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Currency Fluctuations. (a) Not later than 1:00 p.m., Houston, Texas p.m. (Boston time, ) on the last Business Day of each calendar month (the "Calculation Date"), the U.S. Administrative Agent shall determine the Exchange Rate as of such Calculation Datedate. The Exchange Rate so determined shall become effective on the first Business Day immediately following the relevant Calculation Date such determination (a "Reset Date") and shall remain effective until the next succeeding Calculation Reset Date. (b) Not later than 3:00 p.m., Houston, Texas 4:00 p.m. (Boston time, ) on each Reset Date, the U.S. Administrative Agent shall consult with the Canadian Agent and the Agents shall to determine the Total U.S. Dollar Equivalent of the outstanding Canadian Exposure Loans, Bankers' Acceptances and the aggregate U.S. ObligationsCanadian Letters of Credit denominated in Canadian Dollars. (c) If, on any Reset Date or and on the date Revolving Credit Maturity Date, the aggregate outstanding amount (expressed in U.S. Dollars) of any reallocation all Canadian Loans, the Maximum Drawing Amount with respect to Canadian Letters of the U.S. Commitments Credit, and the Canadian Commitments pursuant to Section 2.04(c) hereof, the sum aggregate face amount of the aggregate U.S. Obligations and all outstanding Bankers' Acceptances exceeds the Total Canadian Exposure exceeds the aggregate of all of the U.S. Commitments and the Canadian Commitments (expressed in Dollars) Commitment by five percent (5%) or moremore than $100,000, then (i) the Agents Canadian Agent shall give notice thereof to the Lenders Canadian Borrowers and the Borrowers Canadian Banks and (ii) the Borrowers shall within two (2) Business Days thereafter, the Canadian Borrowers shall repay or prepay Canadian Loans (or provide Cover for Letter of Credit Liabilities or Bankers' Acceptance Liabilities) in accordance with this Agreement in an aggregate principal amount sufficient to reduce the sum of such that, after giving effect thereto, the aggregate outstanding amount (expressed in U.S. Obligations Dollars) of all Canadian Loans, the Maximum Drawing Amount with respect to Canadian Letters of Credit and the aggregate face amount of all outstanding Bankers' Acceptances no longer exceeds the Total Canadian Exposure to the aggregate of all of the U.S. Commitments and the Canadian Commitments Commitment (expressed in U.S. Dollars). (d) IfWithout limiting subsection Section 5.11.1(c), if, on any day prior to the Termination Revolving Credit Maturity Date, the Total Canadian Exposure exceeds the aggregate of all of the Canadian Commitments outstanding amount (expressed in U.S. Dollars) of all Canadian Loans, the Maximum Drawing Amount with respect to Canadian Letters of Credit and the aggregate face amount of all outstanding Bankers' Acceptances exceeds the Total Canadian Commitment by five percent (5%) or more, then (i) the Canadian Agent shall give notice thereof to the Canadian Borrower Borrowers and the Canadian Lenders Banks and (ii) within two (2) Business Days thereafter, the Canadian Borrower Borrowers shall repay or prepay the Canadian Loans (or provide Cover for Letter of Credit Liabilities relating to the Canadian Letters of Credit or Bankers' Acceptance Liabilities) in accordance with this Agreement in an aggregate principal amount such that, after giving effect thereto, the Total Canadian Exposure shall not exceed the aggregate of all of the Canadian Commitments outstanding amount (expressed in U.S. Dollars) of all Canadian Loans, the Maximum Drawing Amount with respect to Canadian Letters of Credit and the aggregate face amount of all outstanding Bankers' Acceptances no longer exceeds the Total Canadian Commitment (expressed in U.S. Dollars). Nothing set forth in this Section 5.11 shall be construed to require any Bank Agent to calculate daily compliance under this Section 5.11 unless expressly requested to do so by a Bank. (e) To the extent the repayments and prepayments referenced in Section 5.11.1(c) and Section 5.11.1(d) are such that, after giving effect thereto, the Maximum Drawing Amount with respect to Canadian Letters of Credit and the aggregate face amount of all outstanding Bankers' Acceptances (expressed in U.S. Dollars) still exceeds the Total Canadian Commitment (expressed in U.S. Dollars), then the Canadian Borrowers shall within two (2) Business Days upon demand provide to the Canadian Agent cash collateral required to cover such remaining excess.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Kti Inc)

Currency Fluctuations. (a) Not later than 1:00 p.m., Houston, Texas p.m. (Boston time, ) on the last Business Day of each calendar month or upon the request of any Lender (the "Calculation Date"), the U.S. Administrative Agent shall determine the Exchange Rate as of such Calculation Datedate. The Exchange Rate so determined shall become effective on the first Business Day immediately following the relevant Calculation Date such determination (a "Reset Date") and shall remain effective until the next succeeding Calculation Reset Date. (b) Not later than 3:00 p.m., Houston, Texas 4:00 p.m. (Boston time, ) on each Reset Date, the U.S. Administrative Agent shall consult with the Canadian Agent and the Agents shall determine the Total U.S. Dollar Equivalent of the Outstanding Canadian Exposure and the aggregate U.S. ObligationsLoans. (c) If, on any Reset Date or and on the date of any reallocation of the U.S. Commitments and the Canadian Commitments pursuant to Section 2.04(c) hereofRevolving Credit Loan Maturity Date, the sum aggregate Outstanding amount (expressed in U.S. Dollars) of the aggregate U.S. Obligations and all Canadian Loans exceeds the Total Canadian Exposure exceeds the aggregate of all of the U.S. Commitments and the Canadian Commitments Commitment (expressed in U.S. Dollars) by five percent (5%) or moremore than $100,000, then (i) the Agents shall give notice thereof to the Lenders and the Borrowers and (ii) the Borrowers shall within two (2) Business Days thereafter, repay or prepay Loans (or provide Cover for Letter of Credit Liabilities or Bankers' Acceptance Liabilities) in accordance with this Agreement in an aggregate principal amount sufficient to reduce the sum of the aggregate U.S. Obligations and the Total Canadian Exposure to the aggregate of all of the U.S. Commitments and the Canadian Commitments (expressed in Dollars). (d) If, on any day prior to the Termination Date, the Total Canadian Exposure exceeds the aggregate of all of the Canadian Commitments (expressed in Dollars) by five percent (5%) or more, then (i) the Canadian Agent shall give notice thereof to the Canadian Borrower and the Canadian Lenders and (ii) within two (2) Business Days thereafter, the Canadian Borrower shall repay or prepay the Canadian Loans (or provide Cover for Letter of Credit Liabilities relating to the Canadian Letters of Credit or Bankers' Acceptance Liabilities) in accordance with this Credit Agreement in an aggregate principal amount such that, after giving effect thereto, the Total Canadian Exposure shall not exceed the aggregate of all of the Canadian Commitments Outstanding amount (expressed in U.S. Dollars) of all Canadian Loans no longer exceeds the Total Canadian Commitment (expressed in U.S. Dollars). (d) Without limiting subsection Section 6.12.1(c), if, on any day prior to the Revolving Credit Loan Maturity Date, the Outstanding Canadian Loans (expressed in U.S. Dollars using the Exchange Rate calculated on or around such day) exceed the Total Canadian Commitment (expressed in U.S. Dollars using the Exchange Rate calculated on or around such day) by five percent (5%) or more, then (i) the Agent shall give notice thereof to the Canadian Borrower and the Canadian Lenders and (ii) within two (2) Business Days thereafter, the Canadian Borrower shall repay or prepay Canadian Loans in accordance with this Credit Agreement in an aggregate principal amount such that, after giving effect thereto, the Outstanding Canadian Loans (expressed in U.S. Dollars) no longer exceed the Total Canadian Commitment (expressed in U.S. Dollars). Nothing set forth in this Section 6.12 shall be construed to require the Agent to calculate daily compliance under this Section 6.12 unless expressly requested to do so by a Lender.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Dave & Busters Inc)

Currency Fluctuations. (a) Not later than 1:00 p.m., p.m. (Houston, Texas time, ) on each Calculation Date, the U.S. Administrative Agent shall determine the Exchange Rate applicable to Canadian Dollars as of such Calculation Date. The For purposes of this Section, the Exchange Rate so determined shall become effective on the first Business Day immediately following the relevant Calculation Date (a "Reset Date") and shall remain effective until the next succeeding Calculation Date”). (b) Not later than 3:00 p.m., 4:00 p.m. (Houston, Texas time, ) on each Reset Date, the U.S. Administrative Agent shall consult with the Canadian Agent other Agents and the Agents shall determine the Total aggregate Canadian Exposure Obligations, the aggregate U.S. Obligations, the aggregate Singapore Obligations and the aggregate U.S. U.K. Obligations. (c) If, on any Reset Date or on the date of any reallocation of the U.S. Commitments and the Canadian Commitments pursuant to Section 2.04(c) hereofDate, the sum of the aggregate U.S. Obligations and the Total Canadian Exposure exceeds the aggregate of all of the U.S. Commitments and the Canadian Commitments (expressed in Dollars) by five percent (5%) or moreCommitments, then (i) the Agents shall give notice thereof to the Lenders and the Borrowers and (ii) the Borrowers shall within two (2) Business Days thereafter, repay or prepay Loans (or provide Cover for Letter of Credit Liabilities or Bankers' Acceptance Liabilities) in accordance with this Agreement in an aggregate principal amount sufficient to reduce the sum of the aggregate U.S. Obligations and the Total Canadian Exposure to the aggregate of all of the U.S. Commitments and the Canadian Commitments (expressed in Dollars)Commitments. (d) If, on any day prior to the Termination Date, the Total Canadian Exposure exceeds Obligations exceed the aggregate of all of the Canadian Commitments (expressed in Dollars) by five percent (5%) or moreCommitments, then (i) the Canadian Agent shall give notice thereof to the Canadian Borrower Borrowers and the Canadian Lenders and (ii) within two (2) Business Days thereafter, the Canadian Borrower Borrowers shall repay or prepay the Canadian Revolving Loans (or provide Cover for Letter of Credit Liabilities relating to the Canadian Letters of Credit or Bankers' Acceptance Liabilities) in accordance with this Agreement in an aggregate principal amount such that, after giving effect thereto, the Total Canadian Exposure Obligations shall not exceed the aggregate of all of the Canadian Commitments (expressed in Dollars)Commitments.

Appears in 1 contract

Samples: Loan Agreement (Veritas DGC Inc)

Currency Fluctuations. (a) Not later than 1:00 p.m., p.m. (Houston, Texas time, ) on each Calculation Date, the U.S. Administrative Agent shall determine the Exchange Rate as of such Calculation Date. The For purposes of this Section and Section 3.2(b)(4) hereof, the Exchange Rate so determined shall become effective on the first Business Day immediately following the relevant Calculation Date (a "Reset Date") and shall remain effective until the next succeeding Calculation Date). (b) Not later than 3:00 p.m., 4:00 p.m. (Houston, Texas time, ) on each Reset Date, the U.S. Administrative Agent shall consult with the Canadian Agent and the Agents shall determine the Total Canadian Exposure and the aggregate U.S. Revolving Loan Obligations. (c) If, on any Reset Date or on the date of any reallocation of the U.S. Commitments and the Canadian Commitments pursuant to Section 2.04(c2.4(c) hereof, the sum of the aggregate U.S. Revolving Loan Obligations and the Total Canadian Exposure exceeds the aggregate of all of the U.S. Commitments and the Canadian Commitments (expressed in Dollars) by five percent (5%) or more, then (i) the Agents shall give notice thereof to the Lenders and the Borrowers and (ii) the Borrowers shall within two (2) Business Days thereafter, repay or prepay Loans (or provide Cover for Letter of Credit Liabilities or Bankers' Acceptance Liabilities) in accordance with this Agreement in an aggregate principal amount sufficient to reduce the sum of the aggregate U.S. Revolving Loan Obligations and the Total Canadian Exposure to the aggregate of all of the U.S. Commitments and the Canadian Commitments (expressed in Dollars)Commitments. (d) If, on any day prior to the Termination Date, the Total Canadian Exposure exceeds the aggregate of all of the Canadian Commitments (expressed in Dollars) by five percent (5%) or more, then (i) the Canadian Agent shall give notice thereof to the Canadian Borrower and the Canadian Lenders and (ii) within two (2) Business Days thereafter, the Canadian Borrower shall repay or prepay the Canadian Revolving Loans (or provide Cover for Letter of Credit Liabilities relating to the Canadian Letters of Credit or Bankers' Acceptance Liabilities) in accordance with this Agreement in an aggregate principal amount such that, after giving effect thereto, the Total Canadian Exposure shall not exceed the aggregate of all of the Canadian Commitments (expressed in Dollars)Commitments.

Appears in 1 contract

Samples: Loan Agreement (Natco Group Inc)

Currency Fluctuations. (a) Not later than 1:00 p.m., p.m. (Houston, Texas time, ) on each Calculation Date, the U.S. Administrative Agent shall determine the Exchange Rate applicable to Canadian Dollars as of such Calculation Date. The For purposes of this Section and Section 3.2(b)(4) hereof, the Exchange Rate so determined shall become effective on the first Business Day immediately following the relevant Calculation Date (a "Reset Date") and shall remain effective until the next succeeding Calculation Date). (b) Not later than 3:00 p.m., 4:00 p.m. (Houston, Texas time, ) on each Reset Date, the U.S. Administrative Agent shall consult with the Canadian Agent and the Agents shall determine the Total aggregate Canadian Exposure Obligations, the aggregate U.S. Revolving Loan Obligations and the aggregate U.S. U.K. Obligations. (c) If, on any Reset Date or on the date of any reallocation of the U.S. Commitments, the Canadian Commitments and the Canadian U.K. Commitments pursuant to Section 2.04(c2.4(c) hereof, the sum of the aggregate U.S. Revolving Loan Obligations, the U.K. Obligations and the Total Canadian Exposure Obligations exceeds the aggregate of all of the U.S. Commitments, the Canadian Commitments and the Canadian Commitments (expressed in Dollars) by five percent (5%) or moreU.K. Commitments, then (i) the Agents shall give notice thereof to the Lenders and the Borrowers and (ii) the Borrowers shall within two (2) Business Days thereafter, repay or prepay Loans (or provide Cover for Letter of Credit Liabilities or Bankers' Acceptance Liabilities) in accordance with this Agreement in an aggregate principal amount sufficient to reduce the sum of the aggregate U.S. Revolving Loan Obligations, the U.K. Obligations and the Total Canadian Exposure Obligations to the aggregate of all of the U.S. Commitments, the Canadian Commitments and the Canadian Commitments (expressed in Dollars)U.K. Commitments. (d) If, on any day prior to the Termination Date, the Total Canadian Exposure exceeds Obligations exceed the aggregate of all of the Canadian Commitments (expressed in Dollars) by five percent (5%) or moreCommitments, then (i) the Canadian Agent shall give notice thereof to the Canadian Borrower and the Canadian Lenders and (ii) within two (2) Business Days thereafter, the Canadian Borrower shall repay or prepay the Canadian Revolving Loans (or provide Cover for Letter of Credit Liabilities relating to the Canadian Letters of Credit or Bankers' Acceptance Liabilities) in accordance with this Agreement in an aggregate principal amount such that, after giving effect thereto, the Total Canadian Exposure Obligations shall not exceed the aggregate of all of the Canadian Commitments (expressed in Dollars)Commitments.

Appears in 1 contract

Samples: Loan Agreement (Natco Group Inc)

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Currency Fluctuations. (a) Not later than 1:00 p.m., p.m. (Houston, Texas time, ) on each Calculation Date, the U.S. Administrative Agent shall determine the Exchange Rate applicable to Canadian Dollars as of such Calculation Date. The For purposes of this Section and Section 3.2(b)(4) hereof, the Exchange Rate so determined shall become effective on the first Business Day immediately following the relevant Calculation Date (a "Reset Date") and shall remain effective until the next succeeding Calculation Date). (b) Not later than 3:00 p.m., 4:00 p.m. (Houston, Texas time, ) on each Reset Date, the U.S. Administrative Agent shall consult with the Canadian Agent and the Agents shall determine the Total Canadian Exposure Exposure, the aggregate U.S. Revolving Loan Obligations and the aggregate U.S. U.K. Obligations. (c) If, on any Reset Date or on the date of any reallocation of the U.S. Commitments, the Canadian Commitments and the Canadian U.K. Commitments pursuant to Section 2.04(c2.4(c) hereof, the sum of the aggregate U.S. Revolving Loan Obligations, the U.K. Obligations and the Total Canadian Exposure exceeds the aggregate of all of the U.S. Commitments, the Canadian Commitments and the Canadian U.K. Commitments (expressed in Dollars) by five percent (5%) or more, then (i) the Agents shall give notice thereof to the Lenders and the Borrowers and (ii) the Borrowers shall within two (2) Business Days thereafter, repay or prepay Loans (or provide Cover for Letter of Credit Liabilities or Bankers' Acceptance Liabilities) in accordance with this Agreement in an aggregate principal amount sufficient to reduce the sum of the aggregate U.S. Revolving Loan Obligations, the U.K. Obligations and the Total Canadian Exposure to the aggregate of all of the U.S. Commitments, the Canadian Commitments and the Canadian Commitments (expressed in Dollars)U.K. Commitments. (d) If, on any day prior to the Termination Date, the Total Canadian Exposure exceeds the aggregate of all of the Canadian Commitments (expressed in Dollars) by five percent (5%) or more, then (i) the Canadian Agent shall give notice thereof to the Canadian Borrower and the Canadian Lenders and (ii) within two Business Days thereafter, the Canadian Borrower shall repay or prepay the Canadian Loans (or provide Cover for Letter of Credit Liabilities relating to the Canadian Letters of Credit or Bankers' Acceptance Liabilities) in accordance with this Agreement in an aggregate principal amount such that, after giving effect thereto, the Total Canadian Exposure shall not exceed the aggregate of all of the Canadian Commitments (expressed in Dollars).and

Appears in 1 contract

Samples: Loan Agreement (Natco Group Inc)

Currency Fluctuations. (a) Not later than 1:00 p.m., Houston, Texas p.m. (New York time, ) on the last Business Day of each calendar month (the "Calculation Date"), the U.S. Administrative Agent shall determine the Exchange Rate as of such Calculation Datedate. The Exchange Rate so determined shall become effective on the first Business Day immediately following the relevant Calculation Date such determination (a "Reset Date") and shall remain effective until the next succeeding Calculation Reset Date. (b) Not later than 3:00 p.m., Houston, Texas 4:00 p.m. (New York time, ) on each Reset Date, the U.S. Administrative Agent shall consult with the Canadian Agent and the Agents shall to determine the Total Dollar Equivalent of the outstanding Canadian Exposure Loans, Bankers' Acceptances and the aggregate U.S. ObligationsCanadian Letters of Credit denominated in Canadian Dollars. (c) If, on any Reset Date or and on the date Maturity Date, the aggregate outstanding amount (expressed in U.S. Dollars) of any reallocation all Canadian Loans, the Maximum Drawing Amount with respect to Canadian Letters of the U.S. Commitments Credit, and the Canadian Commitments pursuant to Section 2.04(c) hereof, the sum aggregate face amount of the aggregate U.S. Obligations and all outstanding Bankers' Acceptances exceeds the Total Canadian Exposure exceeds the aggregate of all of the U.S. Commitments and the Canadian Commitments (expressed in Dollars) Commitment by five percent (5%) or moremore than $100,000, then (i) the Agents Canadian Agent shall give notice thereof to the Lenders Canadian Borrowers and the Borrowers Canadian Banks and (ii) the Borrowers shall within two (2) Business Days thereafter, the Canadian Borrowers shall repay or prepay Canadian Loans (or provide Cover for Letter of Credit Liabilities or Bankers' Acceptance Liabilities) in accordance with this Agreement in an aggregate principal amount sufficient to reduce the sum of such that, after giving effect thereto, the aggregate outstanding amount (expressed in U.S. Obligations Dollars) of all Canadian Loans, the Maximum Drawing Amount with respect to Canadian Letters of Credit and the aggregate face amount of all outstanding Bankers' Acceptances no longer exceeds the Total Canadian Exposure to the aggregate of all of the U.S. Commitments and the Canadian Commitments Commitment (expressed in U.S. Dollars).. 63 -57- (d) IfWithout limiting subsection 6.14(c), if, on any day prior to the Termination Maturity Date, the Total Canadian Exposure exceeds the aggregate of all of the Canadian Commitments outstanding amount (expressed in U.S. Dollars) of all Canadian Loans, the Maximum Drawing Amount with respect to Canadian Letters of Credit and the aggregate face amount of all outstanding Bankers' Acceptances exceeds the Total Canadian Commitment by five percent (5%) or more, then (i) the Canadian Agent shall give notice thereof to the Canadian Borrower Borrowers and the Canadian Lenders Banks and (ii) within two (2) Business Days thereafter, the Canadian Borrower Borrowers shall repay or prepay the Canadian Loans (or provide Cover for Letter of Credit Liabilities relating to the Canadian Letters of Credit or Bankers' Acceptance Liabilities) in accordance with this Agreement in an aggregate principal amount such that, after giving effect thereto, the Total Canadian Exposure shall not exceed the aggregate of all of the Canadian Commitments outstanding amount (expressed in U.S. Dollars) of all Canadian Loans, the Maximum Drawing Amount with respect to Canadian Letters of Credit and the aggregate face amount of all outstanding Bankers' Acceptances no longer exceeds the Total Canadian Commitment (expressed in U.S. Dollars). Nothing set forth in this Section 6.14 shall be construed to require any Bank Agent to calculate daily compliance under this Section 6.14 unless expressly requested to do so by a Bank. (e) To the extent the repayments and prepayments referenced in Section 6.14(c) and Section 6.14(d) are such that, after giving effect thereto, the Maximum Drawing Amount with respect to Canadian Letters of Credit and the aggregate face amount of all outstanding Bankers' Acceptances (expressed in U.S. Dollars) still exceeds the Total Canadian Commitment (expressed in U.S. Dollars), then the Canadian Borrowers shall immediately upon demand provide cash collateral to the Canadian Agent required to obtain such results.

Appears in 1 contract

Samples: Revolving Credit Agreement (Usa Waste Services Inc)

Currency Fluctuations. (a) Not later than 1:00 p.m., Houston, Texas p.m. (Boston time, ) on the last Business Day of each calendar month or any other Business Day if requested by an Agent before 10:00 a.m. on such day (the "Calculation Date"), the U.S. Administrative Agent shall determine the Exchange Rate as of such Calculation Datedate. The Exchange Rate so determined shall become effective on the first Business Day immediately following the relevant Calculation Date such determination (a "Reset Date") and shall remain effective until the next succeeding Calculation Reset Date. Nothing contained in this Section 6.16 shall be construed to require the Administrative Agent to calculate compliance under this Section 6.16 more frequently than once each month, unless requested to do so by an Agent pursuant to the first sentence of this Section 6.16(a). (b) Not later than 3:00 p.m., Houston, Texas 4:00 p.m. (Boston time, ) on each Reset Date, the U.S. Administrative Agent shall consult shall, in consultation with the Canadian Agent and the Agents shall U.K. Agent, determine the Total Dollar Equivalent of the outstanding Canadian Exposure Loans denominated in Canadian Dollars, Bankers' Acceptances and the aggregate U.S. ObligationsU.K. Loans denominated in Sterling and Euros. (c) If, on any Reset Date or on Date, the date of any reallocation aggregate outstanding amount of the U.S. Commitments Dollar Equivalent of all Canadian Loans and the aggregate face amount of all Bankers' Acceptances, exceeds the Total Canadian Commitments pursuant Commitment (the amount of such excess referred to Section 2.04(cherein as the "Canadian Excess Amount") hereof, the sum by more than one percent (1%) of the aggregate U.S. Obligations and the Total Canadian Exposure exceeds the aggregate amount of all of the U.S. Commitments and the Canadian Commitments (expressed in Dollars) by five percent (5%) or moresuch Commitment, then (i) the Agents shall give notice thereof to the Lenders and the Borrowers and (ii) the Borrowers shall within two (2) Business Days thereafter, repay or prepay Loans (or provide Cover for Letter of Credit Liabilities or Bankers' Acceptance Liabilities) in accordance with this Agreement in an aggregate principal amount sufficient to reduce the sum of the aggregate U.S. Obligations and the Total Canadian Exposure to the aggregate of all of the U.S. Commitments and the Canadian Commitments (expressed in Dollars). (d) If, on any day prior to the Termination Date, the Total Canadian Exposure exceeds the aggregate of all of the Canadian Commitments (expressed in Dollars) by five percent (5%) or more, then (iA) the Canadian Agent shall give notice thereof to the Canadian Borrower Borrowers, the Issuing Bank and the Canadian Lenders Banks and (iiB) within two (2) Business Days thereafter, the Canadian Borrower Borrowers shall repay or prepay the Canadian Loans (or provide Cover for Letter of Credit Liabilities relating to the Canadian Letters of Credit or Bankers' Acceptance Liabilities) in accordance with this Agreement in an aggregate principal amount such that, after giving effect thereto, the aggregate outstanding amount of the Dollar Equivalent of all Canadian Loans and the aggregate face amount of all Bankers' Acceptances no longer exceeds the Total Canadian Exposure Commitment. Notwithstanding the foregoing, to avoid the incurrence of breakage costs with respect to Canadian Loans which are LIBOR Rate Loans, the Canadian Borrowers shall not exceed be obligated to repay any Canadian Loan that is a LIBOR Rate Loan until the aggregate end of all the Interest Period relating thereto to the extent that the unused amount of the Domestic Commitments of the Domestic Banks which are affiliates of the Canadian Banks shall be greater than or equal to the Canadian Excess Amount. On each Reset Date and until the Canadian Loans are repaid in accordance with the first sentence of this paragraph (c), the Total Domestic Commitment shall be automatically reduced by an amount equal to the Canadian Excess Amount. Such reduction shall be made by reducing the Domestic Commitments of each such Domestic Bank that is an affiliate of a Canadian Bank by an amount equal to such Domestic Bank's Domestic Commitment Percentage of the Canadian Excess Amount. (expressed d) If, on any Reset Date, the aggregate outstanding amount of the Dollar Equivalent of all U.K. Loans exceeds the Total U.K. Commitment (the amount of such excess referred to herein as the "U.K. Excess Amount") by more than one percent (1%) of the aggregate amount of such Commitment, then (A) the U.K. Agent shall give notice thereof to the U.K. Borrowers and the U.K. Banks and (B) within two (2) Business Days thereafter, the U.K. Borrowers shall repay or prepay U.K. Loans in Dollars).an aggregate principal amount such that, after giving effect thereto, the aggregate outstanding amount of the Dollar Equivalent of all U.K. Loans no longer exceeds the Total U.K.

Appears in 1 contract

Samples: Global Revolving Credit Agreement (Ryder System Inc)

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