Drawdowns – Notices and Limitations. The Borrower may request Drawdowns only upon the following terms and conditions: (a) the Borrower may request a Drawdown as follows: (i) in the case of a Prime Loan, USBR Loan or BA Issue not greater than U.S. $50,000,000 or an amount in Cdn. Dollars that has a U.S. Equivalent not greater than U.S. $50,000,000 (as applicable), by delivering a Notice of Drawdown to the Agent before 10:00 a.m. (Calgary, Alberta local time) at least one Banking Day prior to the requested Drawdown Date; (ii) in the case of a Prime Loan, USBR Loan or BA Issue greater than U.S. $50,000,000 or an amount in Cdn. Dollars that has a U.S. Equivalent greater than U.S. $50,000,000 (as applicable), by delivering a Notice of Drawdown to the Agent before 10:00 a.m. (Calgary, Alberta local time) at least two Banking Days prior to the requested Drawdown Date; (iii) in the case of a LIBOR Loan, by delivering a Notice of Drawdown to the Agent before 10:00 a.m. (Calgary, Alberta local time) at least three Banking Days prior to the requested Drawdown Date; and (iv) in the case of an LC Issue, by delivering a Notice of Drawdown to the Agent (which shall promptly deliver same to the LC Issuer) before 10:00 a.m. (Calgary, Alberta local time) at least three Banking Days prior to the requested Drawdown Date; (b) each Drawdown by the Borrower shall be requested and made available in minimum amounts of not less than: (i) in the case of a Prime Loan or USBR Loan, Cdn. or U.S. $5,000,000, as applicable, and in multiples of Cdn. or U.S. $100,000, as applicable, thereafter; (ii) in the case of a LIBOR Loan, U.S. $5,000,000 and in multiples of U.S. $100,000 thereafter; (iii) in the case of a BA Issue, Cdn. or U.S. $5,000,000 and in multiples of Cdn. or U.S. $100,000 thereafter, as applicable; and (iv) in the case of an LC Issue or a Swing Line Advance, there shall be no minimum dollar amount; and (c) Drawdowns will only be made available if all applicable conditions precedent referred to in Article 9 are or will be satisfied on or before the requested Drawdown Date.
Appears in 3 contracts
Samples: Credit Agreement (Nova Chemicals Corp /New), Credit Agreement (Nova Chemicals Corp /New), Credit Agreement (Nova Chemicals Corp /New)
Drawdowns – Notices and Limitations. The A Borrower may request Drawdowns only upon the following terms and conditions:
(a) the a Borrower may request a Drawdown as follows:
(i) in the case of a Prime Loan, USBR Loan or BA Issue not greater than U.S. $50,000,000 or an amount in Cdn. Dollars that has a U.S. Equivalent not greater than U.S. $50,000,000 (as applicable)USBR Loan, by delivering a Drawdown Notice of Drawdown to the Agent before 10:00 a.m. 12:00 noon (Calgary, Alberta local Toronto time) at least one 1 Banking Day prior to the requested Drawdown Date;
(ii) in the case of a Prime Loan, USBR Loan Bankers’ Acceptance or BA Issue greater than U.S. $50,000,000 or an amount in Cdn. Dollars that has a U.S. Equivalent greater than U.S. $50,000,000 (as applicable)Advance, by delivering a Drawdown Notice of Drawdown to the Agent before 10:00 a.m. 12:00 noon (Calgary, Alberta local Toronto time) at least two 2 Banking Days prior to the requested Drawdown Date;
(iii) in the case of a LIBOR LIBO Rate Loan, by delivering a Drawdown Notice of Drawdown to the Agent before 10:00 a.m. 12:00 noon (Calgary, Alberta local Toronto time) at least three 3 Banking Days prior to the requested Drawdown Date; and
(iv) in the case of an LC Issuea Letter of Credit, by delivering a complying with Section 6.2, and provided that notwithstanding the foregoing, for any Drawdown in excess of Cdn.$650,000,000 (or the Equivalent Amount thereof in US Dollars), the Drawdown Notice of Drawdown to the Agent (which shall promptly deliver same to the LC Issuer) before 10:00 a.m. (Calgary, Alberta local time) must be delivered at least three 3 Banking Days prior to the requested Drawdown Date;
(b) each Drawdown by the Principal Borrower under the Working Capital Facility shall be requested and made available in minimum amounts of not less than:
(i) in the case of a Prime Loan or USBR Loan, Cdn. Cdn.$ or U.S. $5,000,000, as applicable, and in multiples of Cdn. or U.S. $100,000, as applicable, thereafterUS$1,000,000;
(ii) in the case of a LIBOR LIBO Rate Loan, U.S. $5,000,000 and in multiples of U.S. $100,000 thereafterUS$1,000,000;
(iii) in the case of a Bankers’ Acceptances or BA IssueEquivalent Advances, Cdn. or U.S. $5,000,000 Cdn.$1,000,000 and in multiples of Cdn. or U.S. $100,000 Cdn.$100,000 thereafter, as applicable; and
(iv) in the case of an LC Issue or a Swing Line AdvanceLetter of Credit, there no minimum amount applies;
(c) each NEB Reserve Drawdown shall be no minimum dollar amountmade by way of a Prime Loan or USBR Loan; and
(cd) Drawdowns will only be made available if all applicable conditions precedent referred to in Article 9 3 are or will be satisfied on or before the requested Drawdown Date.
Appears in 3 contracts
Samples: Credit Agreement (Kinder Morgan, Inc.), Credit Agreement (Kinder Morgan, Inc.), Credit Agreement
Drawdowns – Notices and Limitations. The Borrower may request Drawdowns only upon the following terms and conditions:
(a) for Syndicated Facility Advances, the Borrower may request a Drawdown as follows:
(i) in the case of a Prime Loan, USBR Loan or BA Issue not greater than U.S. $50,000,000 or an amount in Cdn. Dollars that has a U.S. Equivalent not greater than U.S. $50,000,000 (as applicable)USBR Loan, by delivering a Notice of Drawdown to the Agent before 10:00 a.m. (Calgary, Alberta local Calgary time) at least one Banking Day prior to the requested Drawdown Date;
(ii) in the case of a Prime Loan, USBR Loan or BA Issue greater than U.S. $50,000,000 or an amount in Cdn. Dollars that has a U.S. Equivalent greater than U.S. $50,000,000 (as applicable)Issue, by delivering a Notice of Drawdown to the Agent before 10:00 a.m. (CalgaryCalgary time) at least two Banking Days prior to the requested Drawdown Date; and
(iii) in the case of a LIBOR Loan, Alberta local by delivering a Notice of Drawdown to the Agent before 10:00 a.m. (Calgary time) at least three Banking Days prior to the requested Drawdown Date;
(b) for Operating Facility Advances, the Borrower may request a Drawdown as follows:
(i) in the case of a Prime Loan or a USBR Loan, by complying with those applicable agreements entered into by the Operating Facility Lender and the Borrower from time to time;
(ii) in the case of a BA Issue, by delivering a Notice of Drawdown to the Operating Facility Lender before 10:00 a.m. (Calgary time) at least two Banking Days prior to the requested Drawdown Date;
(iii) in the case of a LIBOR Loan, by delivering a Notice of Drawdown to the Agent Operating Facility Lender before 10:00 a.m. (Calgary, Alberta local Calgary time) at least three Banking Days prior to the requested Drawdown Date; and
(iv) in the case of an LC Issue, by delivering a Notice of Drawdown to the Agent (which shall promptly deliver same to the LC Issuer) before 10:00 a.m. (Calgary, Alberta local time) at least three Banking Days prior to the requested Drawdown Datecomplying with Section 5.1;
(bc) for Syndicated Facility Advances, each Drawdown by the Borrower shall be requested and made available in minimum amounts of not less than:
(i) in the case of a Prime Loan or USBR Loan, Cdn. or U.S. $5,000,000, as applicable, and in multiples of Cdn. or U.S. $100,000, as applicable, thereafter1,000,000;
(ii) in the case of a LIBOR Loan, U.S. $5,000,000 and in multiples of U.S. $100,000 thereafter;; and
(iii) in the case of a BA Issue, Cdn. or U.S. $5,000,000 and in multiples of Cdn. or U.S. $100,000 thereafter, as applicable; and;
(ivd) for Operating Facility Advances, each Drawdown by the Borrower shall be requested and made available in minimum amounts of not less than:
(i) in the case of an a Prime Loan, USBR Loan or LC Issue or a Swing Line AdvanceIssue, there shall be no minimum dollar amountapplies;
(ii) in the case of a LIBOR Loan, U.S. $500,000 and in multiples of U.S. $100,000 thereafter; and
(ciii) in the case of a BA Issue, Cdn. $500,000 and in multiples of Cdn. $100,000 thereafter;
(e) Drawdowns under the Syndicated Facility and the Operating Facility may only be requested prior to the Term Out Date and will only be made available if all applicable conditions precedent referred to in Article 9 Section 10.2 are or will be satisfied on or before the requested Drawdown Date.
Appears in 2 contracts
Samples: Credit Agreement (Bellatrix Exploration Ltd.), Credit Agreement (Bellatrix Exploration Ltd.)
Drawdowns – Notices and Limitations. The Borrower may request Drawdowns only upon 2.3.1 Until the following terms and conditionsFinal Availability Date, Borrowings under the Term A Facility up to the Maximum Term A Loan Amount:
(a) will be made available to the Borrower may request a Drawdown as follows:
by the Term A Lenders, by no later than by the last Business Day of the calendar month for which the Borrowing is requested, provided that (i) the Term A Lenders have received a borrowing notice from the Borrower specifying the principal amount of the Borrowing desired for such month in accordance with the case limitations of a Prime Loanthe Table in Section 2.1.1, USBR Loan or BA Issue not greater than U.S. $50,000,000 or an amount in Cdn. Dollars that has a U.S. Equivalent not greater than U.S. $50,000,000 (as applicable), by delivering a Notice of Drawdown to the Agent before 10:00 a.m. (Calgary, Alberta local time) at least one Banking Day prior to the requested Drawdown Date;
and (ii) in the case of a Prime Loan, USBR Loan or BA Issue greater than U.S. $50,000,000 or an amount in Cdn. Dollars that has a U.S. Equivalent greater than U.S. $50,000,000 (as applicable), by delivering a Notice of Drawdown such borrowing notice is given to the Agent before 10:00 a.m. (Calgary, Alberta local time) at least two Banking Term A Lenders not less than ten Business Days prior to the requested Drawdown Date;
(iii) date the Borrowing is desired by the Borrower, the Parties noting that in respect of any borrowing for a particular month set forth in the case of a LIBOR LoanTable in Section 2.1.1, the amount will be advanced by delivering a Notice of Drawdown the Lenders, severally and not jointly or jointly and severally according to the Agent before 10:00 a.m. (Calgary, Alberta local time) at least three Banking Days prior to the requested Drawdown Date; and
(iv) in the case of an LC Issue, by delivering a Notice of Drawdown to the Agent (which shall promptly deliver same to the LC Issuer) before 10:00 a.m. (Calgary, Alberta local time) at least three Banking Days prior to the requested Drawdown Datetheir Pro Rata Shares;
(b) each Drawdown by the Borrower shall will be requested and made available in a minimum amounts amount of not less than:
(i) in the case of a Prime Loan or USBR Loan, Cdn. or U.S. $5,000,000, as applicable, 500,000 and in multiples of Cdn. or U.S. $100,000, as applicable, thereafter;
(ii) up to the maximum aggregate amount set forth in the case of a LIBOR Loan, U.S. $5,000,000 and Table in multiples of U.S. $100,000 thereafter;
(iii) in the case of a BA Issue, Cdn. or U.S. $5,000,000 and in multiples of Cdn. or U.S. $100,000 thereafter, as applicable; and
(iv) in the case of an LC Issue or a Swing Line Advance, there shall be no minimum dollar amountSection 2.1.1 for any particular month set out therein; and
(c) Drawdowns will only not be made available to the Borrower unless, in the Required Term A Lenders’ sole determination, the Borrower shall meet the requirements of Section 2.1.1; provided that no Lender shall be responsible for advancing the Pro Rata Share of any Borrowing which is to be advanced by another Lender, according to their Pro Rata Shares thereof.
2.3.2 No further Borrowings will be permitted or available under the Term B Facility.
2.3.3 Notwithstanding anything in this Agreement to the contrary, no Borrowing may be made or Loan occur if a Default or Event of Default is subsisting at the time of the Borrowing request, or would be existing after the Borrowing is made, or if all applicable of the conditions precedent referred to in Article 9 are 6 have not been satisfied, or will be satisfied on or before the requested Drawdown Dateif all other terms and conditions of this Agreement have not been met.
Appears in 1 contract
Samples: Credit Agreement (Frankly Inc)
Drawdowns – Notices and Limitations. The Borrower may request Drawdowns only upon the following terms and conditions:
(a) the Borrower may request a Drawdown under the Term Loan Facility (where applicable) or the Revolving Facility as follows:
(i) in the case of a Prime Loan, USBR Loan or BA Issue not greater than U.S. $50,000,000 or an amount in Cdn. Dollars that has a U.S. Equivalent not greater than U.S. $50,000,000 (as applicable)USBR Loan, by delivering a Drawdown Notice of Drawdown to the Agent before 10:00 a.m. 1:00 p.m. (Calgary, Alberta local Toronto time) at least one (1) Banking Day prior to the requested Drawdown Date;
(ii) in the case of a Prime Loan, USBR Loan Bankers’ Acceptance or BA Issue greater than U.S. $50,000,000 or an amount in Cdn. Dollars that has a U.S. Equivalent greater than U.S. $50,000,000 (as applicable)Advance, by delivering a Drawdown Notice of Drawdown to the Agent before 10:00 a.m. 1:00 p.m. (Calgary, Alberta local Toronto time) at least two one (1) Banking Days Day prior to the requested Drawdown Date;
(iii) in the case of a LIBOR LIBO Rate Loan, by delivering a Drawdown Notice of Drawdown to the Agent before 10:00 a.m. 1:00 p.m. (Calgary, Alberta local Toronto time) at least three (3) Banking Days prior to the requested Drawdown Date; and
(iv) in the case of an LC Issuea Letter of Credit, by complying with Section 6.2;
(b) the Borrower may request a Drawdown under the Operating Facility as follows:
(i) in the case of a Prime Loan or a USBR Loan (other than by way of Overdraft), by delivering a Drawdown Notice of Drawdown to the Agent Operating Lender before 1:00 p.m. (which shall promptly deliver same Toronto time) on the requested Drawdown Date;
(ii) in the case of a Bankers’ Acceptance or BA Equivalent Advance, by delivering a Drawdown Notice to the LC IssuerOperating Lender before 12:00 noon (Toronto time) at least one (1) Banking Day prior to the requested Drawdown Date;
(iii) in the case of a LIBO Rate Loan, by delivering a Drawdown Notice to the Operating Lender before 10:00 a.m. 12:00 noon (Calgary, Alberta local Toronto time) at least three (3) Banking Days prior to the requested Drawdown Date;
(biv) in the case of a Letter of Credit, by complying with Section 6.2; and
(v) in the case of a Prime Loan or a USBR Loan by way of Overdraft, no Drawdown Notice is required;
(c) the Borrower may request a Drawdown under the KAPS Facility as follows:
(i) in the case of Prime Loan, by delivering a Drawdown Notice to the Agent before 1:00 p.m. (Toronto time) at least one (1) Banking Day prior to the requested Drawdown Date; and
(ii) in the case of a Bankers’ Acceptance or BA Equivalent Advance, by delivering a Drawdown Notice to the Agent before 1:00 p.m. (Toronto time) at least one (1) Banking Day prior to the requested Drawdown Date;
(d) each Drawdown by the Borrower shall be requested and made available in minimum amounts of not less than:
(i) in the case of a Prime Loan or USBR LoanLoan under the Revolving Facility, Cdn. Cdn.$1,000,000 or U.S. $5,000,000, as applicable, US$1,000,000 and in multiples of Cdn. Cdn.$100,000 or U.S. $US$100,000, as applicable, thereafter;
(ii) in the case of a LIBOR LoanPrime Loan or USBR Loan under the Operating Facility, U.S. $5,000,000 Cdn.$ or US$500,000 and in multiples of U.S. $100,000 Cdn.$ or US$100,000, as applicable, thereafter;
(iii) in the case of a BA IssuePrime Loan under the KAPS Facility, Cdn. or U.S. $5,000,000 Cdn.$1,000,000 and in multiples of Cdn. or U.S. $100,000 Cdn.$100,000 thereafter, as applicable; and;
(iv) in the case of an LC Issue a LIBO Rate Loan, US$1,000,000 and in multiples of US$100,000 thereafter;
(v) in the case of Bankers’ Acceptances or a Swing Line AdvanceBA Equivalent Advances under the Term Loan Facility, there shall be no minimum dollar amountthe Revolving Facility or the KAPS Facility, Cdn.$1,000,000 and in multiples of Cdn.$100,000 thereafter;
(vi) in the case of Bankers’ Acceptances or BA Equivalent Advances under the Operating Facility, Cdn.$500,000 and in multiples of Cdn.$100,000 thereafter; and
(cvii) in the case of a Letter of Credit or an Operating Loan by way of Overdraft, no minimum amount applies; and
(e) Drawdowns will only be made available if all applicable conditions precedent referred to in Article 9 3 are or will be satisfied on or before the requested Drawdown Date.
Appears in 1 contract
Samples: Credit Agreement (SemGroup Corp)
Drawdowns – Notices and Limitations. The Borrower may request Drawdowns only upon the following terms and conditions:
(a) the Borrower may request a Drawdown as follows:
(i) in the case of a Prime Loan, USBR Loan or BA Issue not greater than U.S. $50,000,000 or an amount in Cdn. Dollars that has a U.S. Equivalent not greater than U.S. $50,000,000 (as applicable)Bankers’ Acceptances, by delivering a Drawdown Notice of Drawdown to the Agent before 10:00 11:00 a.m. (Calgary, Alberta local Toronto time) at least one Banking Day prior to the requested Drawdown Date;,
(ii) in the case of a Prime Loan, USBR Loan or BA Issue greater than U.S. $50,000,000 or an amount in Cdn. Dollars that has a U.S. Equivalent greater than U.S. $50,000,000 (as applicable), by delivering a Notice of Drawdown to the Agent before 10:00 a.m. (Calgary, Alberta local time) at least two Banking Days prior to the requested Drawdown Date;
(iii) in the case of a LIBOR Libor Loan, by delivering a Drawdown Notice of Drawdown to the Agent before 10:00 11:00 a.m. (Calgary, Alberta local Toronto time) at least three Banking Days prior to the requested Drawdown Date; , and
(iviii) in the case of an LC Issueissuance of a Letter of Credit, by delivering a Drawdown Notice of Drawdown to the Agent (which shall promptly deliver same and a letter of credit application and indemnity to the LC Issuer) Fronting Bank in the Fronting Bank’s customary form before 10:00 11:00 a.m. (Calgary, Alberta local Toronto time) at least three five Banking Days prior to the requested Drawdown Date;.
(b) each Drawdown by (other than the Borrower issuance of a Letter of Credit) shall be requested and made available in minimum amounts of not less than:
(i) in the case of a Prime Loan or USBR Loan, Cdn. or U.S. $5,000,000, as applicable, and in multiples of Cdn. or U.S. $100,000, as applicable, thereafter;,
(ii) in the case of a LIBOR Libor Loan, U.S. $5,000,000 and in multiples of U.S. $100,000 1,000,000 thereafter;,
(iii) in the case of a BA IssueBankers’ Acceptances, Cdn. or U.S. $5,000,000 and in multiples of Cdn. or U.S. $100,000 thereafter, as applicable; and
(iv) in the case of an LC Issue a Letter of Credit, Cdn. or a Swing Line Advance, there shall be no minimum dollar amount; andU.S. $25,000.
(c) Drawdowns will only be made available if all applicable conditions precedent referred to in Article 9 ARTICLE 3 are or will be satisfied on or before the requested Drawdown Date.
Appears in 1 contract
Samples: Credit Agreement (North American Energy Partners Inc.)
Drawdowns – Notices and Limitations. The Borrower may request Drawdowns only upon the following terms and conditions:
(a) for Syndicated Facility Advances, the Borrower may request a Drawdown as follows:
(i) in the case of a Prime Loan, USBR Loan or BA Issue not greater than U.S. $50,000,000 or an amount in Cdn. Dollars that has a U.S. Equivalent not greater than U.S. $50,000,000 (as applicable)USBR Loan, by delivering a Notice of Drawdown to the Agent before 10:00 a.m. (Calgary, Alberta local Calgary time) at least one Banking Day prior to the requested Drawdown Date;,
(ii) in the case of a Prime Loan, USBR Loan or BA Issue greater than U.S. $50,000,000 or an amount in Cdn. Dollars that has a U.S. Equivalent greater than U.S. $50,000,000 (as applicable)Issue, by delivering a Notice of Drawdown to the Agent before 10:00 a.m. (CalgaryCalgary time) at least two Banking Days prior to the requested Drawdown Date, Alberta local and
(iii) in the case of a LIBOR Loan, by delivering a Notice of Drawdown to the Agent before 10:00 a.m. (Calgary time) at least three Banking Days prior to the requested Drawdown Date;
(b) for Operating Facility Advances, the Borrower may request a Drawdown as follows:
(i) in the case of a Prime Loan or a USBR Loan, by complying with those applicable agreements entered into by the Operating Facility Lender and the Borrower from time to time,
(ii) in the case of a BA Issue, by delivering a Notice of Drawdown to the Operating Facility Lender before 10:00 a.m. (Calgary time) at least two Banking Days prior to the requested Drawdown Date;
(iii) in the case of a LIBOR Loan, by delivering a Notice of Drawdown to the Agent Operating Facility Lender before 10:00 a.m. (Calgary, Alberta local Calgary time) at least three Banking Days prior to the requested Drawdown Date; and
(iv) in the case of an LC Issue, by delivering a Notice of Drawdown to the Agent (which shall promptly deliver same to the LC Issuer) before 10:00 a.m. (Calgary, Alberta local time) at least three Banking Days prior to the requested Drawdown Datecomplying with Section 5.1;
(bc) for the Term Facility Advance, no notice period shall apply;
(d) for Syndicated Facility Advances, each Drawdown by the Borrower shall be requested and made available in minimum amounts of not less than:
(i) in the case of a Prime Loan or USBR Loan, Cdn. or U.S. $5,000,000, as applicable, and in multiples of Cdn. or U.S. $100,000, as applicable, thereafter;1,000,000,
(ii) in the case of a LIBOR Loan, U.S. $5,000,000 and in multiples of U.S. $100,000 thereafter;, and
(iii) in the case of a BA Issue, Cdn. or U.S. $5,000,000 and in multiples of Cdn. $100,000 thereafter;
(e) for Operating Facility Advances, each Drawdown by the Borrower shall be requested and made available in minimum amounts of not less than:
(i) in the case of a Prime Loan, USBR Loan or LC Issue, no minimum applies;
(ii) in the case of a LIBOR Loan, U.S. $500,000 and in multiples of U.S. $100,000 thereafter; and
(iii) in the case of a BA Issue, Cdn. $500,000 and in multiples of Cdn. $100,000 thereafter;
(f) for the Term Facility Advance, the Drawdown by the Borrower shall be requested and made available in minimum amounts of not less than:
(i) in the case of a Prime Loan or USBR Loan, Cdn. or U.S. $1,000,000,
(ii) in the case of a LIBOR Loan, U.S. $5,000,000 and in multiples of U.S. $100,000 thereafter, as applicable; and
(iviii) in the case of an LC Issue or a Swing Line AdvanceBA Issue, there shall be no minimum dollar amountCdn. $5,000,000 and in multiples of Cdn. $100,000 thereafter; and
(cg) Drawdowns under the Syndicated Facility and the Operating Facility may only be requested prior to the Maturity Date and will only be made available if all applicable conditions precedent referred to in Article 9 10 are or will be satisfied on or before the requested Drawdown Date. The single Drawdown under the Term Facility will only be made available if all applicable conditions precedent in Article 10 are or will be satisfied on or before the Effective Date.
Appears in 1 contract
Drawdowns – Notices and Limitations. The Borrower may request Drawdowns only upon the following terms and conditions:
(a) the Borrower may request a Drawdown as follows:
(i) in the case of a Prime Loan, USBR Loan or BA Issue not greater than U.S. $50,000,000 or an amount in Cdn. Dollars that has a U.S. Equivalent not greater than U.S. $50,000,000 (as applicable)USBR Loan, by delivering a Drawdown Notice of Drawdown to the Agent before 10:00 a.m. 12:00 noon (Calgary, Alberta local Toronto time) at least one 1 Banking Day prior to the requested Drawdown Date;
(ii) in the case of a Prime Loan, USBR Loan Bankers’ Acceptance or BA Issue greater than U.S. $50,000,000 or an amount in Cdn. Dollars that has a U.S. Equivalent greater than U.S. $50,000,000 (as applicable)Advance, by delivering a Drawdown Notice of Drawdown to the Agent before 10:00 a.m. 12:00 noon (Calgary, Alberta local Toronto time) at least two 2 Banking Days prior to the requested Drawdown Date;
(iii) in the case of a LIBOR LIBO Rate Loan, by delivering a Drawdown Notice of Drawdown to the Agent before 10:00 a.m. 12:00 noon (Calgary, Alberta local Toronto time) at least three 3 Banking Days prior to the requested Drawdown Date; and
(iv) in the case of an LC Issuea Letter of Credit, by delivering a Notice of Drawdown to the Agent (which shall promptly deliver same to the LC Issuer) before 10:00 a.m. (Calgary, Alberta local time) at least three Banking Days prior to the requested Drawdown Datecomplying with Section 6.2;
(b) each Drawdown by the Borrower under the Credit Facility shall be requested and made available in minimum amounts of not less than:
(i) in the case of a Prime Loan or USBR Loan, Cdn. Cdn.$ or U.S. $5,000,000, as applicable, and in multiples of Cdn. or U.S. $100,000, as applicable, thereafterUS$1,000,000;
(ii) in the case of a LIBOR LIBO Rate Loan, U.S. $5,000,000 and in multiples of U.S. $100,000 thereafterUS$1,000,000;
(iii) in the case of a Bankers’ Acceptances or BA IssueEquivalent Advances, Cdn. or U.S. $5,000,000 Cdn.$1,000,000 and in multiples of Cdn. or U.S. $100,000 Cdn.$100,000 thereafter, as applicable; and
(iv) in the case of an LC Issue or a Swing Line AdvanceLetter of Credit, there shall be no minimum dollar amount; andamount applies;
(c) Drawdowns will only be made available if all applicable conditions precedent referred to in Article 9 3 are or will be satisfied on or before the requested Drawdown Date.
Appears in 1 contract
Drawdowns – Notices and Limitations. The Borrower may request Drawdowns only upon the following terms and conditions:
(a) the Borrower may request a Drawdown under the Revolving Facility or the Term Facility as follows:
(i) in the case of a Prime Loan, USBR Loan or BA Issue not greater than U.S. $50,000,000 or an amount in Cdn. Dollars that has a U.S. Equivalent not greater than U.S. $50,000,000 (as applicable)USBR Loan, by delivering a Drawdown Notice of Drawdown to the Agent before 10:00 9:00 a.m. (Calgary, Alberta local Calgary time) at least one Banking Day prior to the requested Drawdown Date;
; (ii) in the case of a Prime Loan, USBR Loan Bankers’ Acceptance or BA Issue greater than U.S. $50,000,000 or an amount in Cdn. Dollars that has a U.S. Equivalent greater than U.S. $50,000,000 (as applicable)Advance, by delivering a Drawdown Notice of Drawdown to the Agent before 10:00 9:00 a.m. (Calgary, Alberta local Calgary time) at least two Banking Days prior to the requested Drawdown Date;
; and (iii) in the case of a LIBOR LIBO Rate Loan, by delivering a Drawdown Notice of Drawdown to the Agent before 10:00 9:00 a.m. (Calgary, Alberta local time) at least three Banking Days prior to the requested Drawdown Date; and
(iv) in the case of an LC Issue, by delivering a Notice of Drawdown to the Agent (which shall promptly deliver same to the LC Issuer) before 10:00 a.m. (Calgary, Alberta local Calgary time) at least three Banking Days prior to the requested Drawdown Date;
(b) the Borrower may request a Drawdown under the Swingline Facility as follows
(i) in the case of a Prime Loan or a USBR Loan, on an overdraft basis or by delivering a Drawdown Notice to the Agent and the Swingline Lender before 9:00 a.m. (Calgary time) on the requested Drawdown Date; and (ii) in the case of a Letter of Credit, by delivering (A) a Drawdown Notice to the Swingline Lender and (B) a Letter of Credit Application to the Swingline Lender, in each case at least three Banking Days prior to the requested Drawdown Date (or such ...
(c) each Drawdown by the Borrower shall be requested and made available in minimum amounts of not less than:
(i) in the case of a Prime Loan or USBR Loan, Cdn. $1,000,000 or U.S. $5,000,000, as applicable, and in multiples of Cdn. 1,000,000 (other than Prime Loans or U.S. $100,000, as applicable, thereafter;
USBR Loans provided on an overdraft basis under the Swingline Facility); (ii) in the case of a LIBOR LIBO Rate Loan, U.S. $5,000,000 3,000,000 and in multiples of U.S. $100,000 thereafter;
; and (iii) in the case of a Bankers’ Acceptances or BA IssueEquivalent Advances, Cdn. or U.S. $5,000,000 1,000,000 and in multiples of Cdn. or U.S. $100,000 thereafter, as applicable; and.
(iv) in the case of an LC Issue or a Swing Line Advance, there shall be no minimum dollar amount; and
(cd) Drawdowns will only be made available if all applicable conditions precedent referred to in Article 9 Section 3.2 are or will be satisfied on or before the requested Drawdown Date.
Appears in 1 contract
Samples: Credit Agreement
Drawdowns – Notices and Limitations. The Borrower may request Drawdowns only upon the following terms and conditions:
(a) the Borrower may request a Drawdown under the Revolving Facility or the Term Facility as follows:
(i) in the case of a Prime Loan, USBR Loan or BA Issue not greater than U.S. $50,000,000 or an amount in Cdn. Dollars that has a U.S. Equivalent not greater than U.S. $50,000,000 (as applicable)USBR Loan, by delivering a Drawdown Notice of Drawdown to the Agent before 10:00 9:00 a.m. (Calgary, Alberta local Calgary time) at least one Banking Day prior to the requested Drawdown Date;
(ii) in the case of a Prime Loan, USBR Loan Bankers’ Acceptance or BA Issue greater than U.S. $50,000,000 or an amount in Cdn. Dollars that has a U.S. Equivalent greater than U.S. $50,000,000 (as applicable)Advance, by delivering a Drawdown Notice of Drawdown to the Agent before 10:00 9:00 a.m. (Calgary, Alberta local Calgary time) at least two Banking Days prior to the requested Drawdown Date;; and
(iii) in the case of a LIBOR LIBO Rate Loan, by delivering a Drawdown Notice of Drawdown to the Agent before 10:00 9:00 a.m. (Calgary, Alberta local time) at least three Banking Days prior to the requested Drawdown Date; and
(iv) in the case of an LC Issue, by delivering a Notice of Drawdown to the Agent (which shall promptly deliver same to the LC Issuer) before 10:00 a.m. (Calgary, Alberta local Calgary time) at least three Banking Days prior to the requested Drawdown Date;
(b) the Borrower may request a Drawdown under the Swingline Facility as follows
(i) in the case of a Prime Loan or a USBR Loan, on an overdraft basis or by delivering a Drawdown Notice to the Agent and the Swingline Lender before 9:00 a.m. (Calgary time) on the requested Drawdown Date; and
(ii) in the case of a Letter of Credit, by delivering (A) a Drawdown Notice to the Swingline Lender and (B) a Letter of Credit Application to the Swingline Lender, in each case at least three Banking Days prior to the requested Drawdown Date (or such shorter period as may be agreed to by the Swingline Lender in its sole discretion);
(c) each Drawdown by the Borrower shall be requested and made available in minimum amounts of not less than:
(i) in the case of a Prime Loan or USBR Loan, Cdn. $1,000,000 or U.S. $5,000,000, as applicable, and in multiples of Cdn. 1,000,000 (other than Prime Loans or U.S. $100,000, as applicable, thereafterUSBR Loans provided on an overdraft basis under the Swingline Facility);
(ii) in the case of a LIBOR LIBO Rate Loan, U.S. $5,000,000 3,000,000 and in multiples of U.S. $100,000 thereafter;; and
(iii) in the case of a Bankers’ Acceptances or BA IssueEquivalent Advances, Cdn. or U.S. $5,000,000 1,000,000 and in multiples of Cdn. or U.S. $100,000 thereafter, as applicable; and.
(iv) in the case of an LC Issue or a Swing Line Advance, there shall be no minimum dollar amount; and
(cd) Drawdowns will only be made available if all applicable conditions precedent referred to in Article 9 Section 3.2 are or will be satisfied on or before the requested Drawdown Date.
Appears in 1 contract
Samples: Credit Agreement
Drawdowns – Notices and Limitations. The Borrower may request Drawdowns only upon the following terms and conditions:
(a) the Borrower may request a Drawdown under the Term Loan Facility (where applicable) or the Revolving Facility as follows:
(i) in the case of a Prime Loan, USBR Loan or BA Issue not greater than U.S. $50,000,000 or an amount in Cdn. Dollars that has a U.S. Equivalent not greater than U.S. $50,000,000 (as applicable)USBR Loan, by delivering a Drawdown Notice of Drawdown to the Agent before 10:00 a.m. 1:00 p.m. (Calgary, Alberta local Toronto time) at least one (1) Banking Day prior to the requested Drawdown Date;
(ii) in the case of a Prime Loan, USBR Loan Bankers’ Acceptance or BA Issue greater than U.S. $50,000,000 or an amount in Cdn. Dollars that has a U.S. Equivalent greater than U.S. $50,000,000 (as applicable)Advance, by delivering a Drawdown Notice of Drawdown to the Agent before 10:00 a.m. 1:00 p.m. (Calgary, Alberta local Toronto time) at least two one (1) Banking Days Day prior to the requested Drawdown Date;
(iii) in the case of a LIBOR LIBO Rate Loan, by delivering a Drawdown Notice of Drawdown to the Agent before 10:00 a.m. 1:00 p.m. (Calgary, Alberta local Toronto time) at least three (3) Banking Days prior to the requested Drawdown Date; and
(iv) in the case of an LC Issuea Letter of Credit, by complying with Section 6.2;
(b) the Borrower may request a Drawdown under the Operating Facility as follows:
(i) in the case of a Prime Loan or a USBR Loan (other than by way of Overdraft), by delivering a Drawdown Notice of Drawdown to the Agent Operating Lender before 1:00 p.m. (which shall promptly deliver same Toronto time) on the requested Drawdown Date;
(ii) in the case of a Bankers’ Acceptance or BA Equivalent Advance, by delivering a Drawdown Notice to the LC IssuerOperating Lender before 12:00 noon (Toronto time) at least one (1) Banking Day prior to the requested Drawdown Date;
(iii) in the case of a LIBO Rate Loan, by delivering a Drawdown Notice to the Operating Lender before 10:00 a.m. 12:00 noon (Calgary, Alberta local Toronto time) at least three (3) Banking Days prior to the requested Drawdown Date;
(biv) in the case of a Letter of Credit, by complying with Section 6.2; and
(v) in the case of a Prime Loan or a USBR Loan by way of Overdraft, no Drawdown Notice is required;
(c) each Drawdown by the Borrower shall be requested and made available in minimum amounts of not less than:
(i) in the case of a Prime Loan or USBR LoanLoan under the Revolving Facility, Cdn. Cdn.$1,000,000 or U.S. $5,000,000, as applicable, US$1,000,000 and in multiples of Cdn. Cdn.$100,000 or U.S. $US$100,000, as applicable, thereafter;
(ii) in the case of a LIBOR LoanPrime Loan or USBR Loan under the Operating Facility, U.S. $5,000,000 Cdn.$ or US$500,000 and in multiples of U.S. $100,000 Cdn.$ or US$100,000, as applicable, thereafter;
(iii) in the case of a BA IssueLIBO Rate Loan, Cdn. or U.S. $5,000,000 US$1,000,000 and in multiples of Cdn. or U.S. $US$100,000 thereafter, as applicable; and;
(iv) in the case of an LC Issue Bankers’ Acceptances or a Swing Line AdvanceBA Equivalent Advances under the Term Loan Facility or the Revolving Facility, there shall be no minimum dollar amountCdn.$1,000,000 and in multiples of Cdn.$100,000 thereafter;
(v) in the case of Bankers’ Acceptances or BA Equivalent Advances under the Operating Facility, Cdn.$500,000 and in multiples of Cdn.$100,000 thereafter; and
(cvi) in the case of a Letter of Credit or an Operating Loan by way of Overdraft, no minimum amount applies; and
(d) Drawdowns will only be made available if all applicable conditions precedent referred to in Article 9 3 are or will be satisfied on or before the requested Drawdown Date.
Appears in 1 contract
Samples: Credit Agreement (SemGroup Corp)