Common use of Deficiency Advances Clause in Contracts

Deficiency Advances. No Canadian Facility Lender shall be responsible for any default of any other Canadian Facility Lender in respect to such other Canadian Facility Lender's obligation to make any Canadian Facility Loan hereunder nor shall the Canadian Facility Fronting Commitment of any Canadian Facility Lender or the Canadian Facility Commitment of any Lender be increased as a result of such default of any other Canadian Facility Lender. Without limiting the generality of the foregoing, in the event any Canadian Facility Lender shall fail to advance funds to the Canadian Facility Borrower as herein provided, the Canadian Facility Agent may in its discretion, but shall not be obligated to, make a Canadian Facility Advance hereunder as a Canadian Facility Lender of all or any portion of such amount or amounts (each, a "deficiency advance") and shall thereafter be entitled to payments of principal of and interest on such deficiency advance in the same manner and at the same interest rate or rates to which such other Canadian Facility Lender would have been entitled had it made such advance hereunder; provided that, upon payment to the Canadian Facility Agent from such other Canadian Facility Lender of the entire outstanding amount of each such deficiency advance, together with accrued and unpaid interest thereon, from the most recent date or dates interest was paid to the Canadian Facility Agent by the Canadian Facility Borrower on each Canadian Facility Loan comprising the deficiency advance, at the interest rate per annum equal to the Canadian Overnight Rate, then such payment shall be credited against the applicable Canadian Facility Outstanding owing to the Canadian Facility Agent in full payment of such deficiency advance and the Canadian Facility Borrower shall be deemed to have borrowed the amount of such deficiency advance from such other Canadian Facility Lender as of the most recent date or dates, as the case may be, upon which any payments of interest were made by the Canadian Facility Borrower thereon.

Deficiency Advances. No Canadian Facility Facilities Lender shall be responsible for any default of any other Canadian Facility Facilities Lender in respect to such other Canadian Facility Facilities Lender's obligation to make any Canadian Facility Loan hereunder nor shall the Canadian Facility Fronting Revolving Credit Commitment of any Canadian Facility Facilities Lender or the Canadian Facility Commitment of any Lender hereunder be increased as a result of such default of any other Canadian Facility Facilities Lender. Without limiting the generality of the foregoing, in the event any Canadian Facility Facilities Lender shall fail to advance funds to the Canadian Facility Borrower TD Canada as herein provided, the Canadian Facility Agent may in its discretion, but shall not be obligated to, make a Canadian Facility Advance hereunder advance in its favor as a Canadian Facility Facilities Lender of all or any portion of such amount or amounts (each, a "deficiency advance") and shall thereafter be entitled to payments of principal of and interest on such deficiency advance in the same manner and at the same interest rate or rates to which such other Canadian Facility Facilities Lender would have been entitled had it made such advance hereunder; provided that, upon payment to the Canadian Facility Agent from such other Canadian Facility Facilities Lender of the entire outstanding amount of each such deficiency advance, together with accrued and unpaid interest thereon, from the most recent date or dates interest was paid to the Canadian Facility Agent by the Canadian Facility Borrower TD Canada on each Canadian Facility Loan comprising the deficiency advance, advance at the interest rate per annum equal to for overnight borrowing by the Canadian Overnight RateAgent, then such payment shall be credited against the applicable Canadian Facility Outstanding owing Obligation owed to the Canadian Facility Agent in full payment of such deficiency advance and the Canadian Facility Borrower TD Canada shall be deemed to have borrowed the amount of such deficiency advance from such other Canadian Facility Facilities Lender as of the most recent date or dates, as the case may be, upon which any payments of interest were made by the Canadian Facility Borrower TD Canada thereon.