Common use of Exceptions Regarding Particular Credits Clause in Contracts

Exceptions Regarding Particular Credits. Subject to the provisions of Section 5.1 regarding the assignment of interests under Credit 2 in the event of acceleration of payment of the Obligations, the provisions of this Agreement do not apply to Credit 2 to the extent that the provisions contemplate the participation in Advances and payments under Credit 2 by any Lender other than RBC. All Advances under Credit 2 shall be made solely by RBC and records concerning Advances shall be maintained solely by RBC, but RBC shall provide information concerning such Advances to the Agent from time to time upon request. All payments of principal, interest, fees and other amounts relating to Credit 2 shall be made solely to RBC. In addition, any notices by the Borrower in connection with Credit 2 shall be made to RBC, and notice and minimum amount requirements for Advances shall not apply to Advances by way of overdraft under Credit 2. In connection with Advances by way of overdraft, RBC shall ascertain the positions or net positions of the Borrower's Canadian Dollar and US Dollar accounts daily and, if the positions or net positions are debits in favour of RBC, the debits will (if the Borrower is entitled to an Advance) be deemed to be a Prime Rate Advance (in the case of Canadian Dollars) or a Base Rate Advance (in the case of US Dollars) under Credit 2 in the respective amounts of the debits. If the positions or net positions are credits in favour of the Borrower, the credits will be deemed to be repayments of Prime Rate Advances (in the case of Canadian Dollars) or Base Rate Advances (in the case of US Dollars) under Credit 2 in the respective amounts of the credits.

Exceptions Regarding Particular Credits. [Note: Section amended by Fourth Amending Agreement] Subject to the provisions of Section 5.1 8.1 regarding the assignment of interests under Credit 2 A2 in the event of acceleration of payment of the Obligations, the provisions of this Agreement do not apply to Credit 2 A2 to the extent that the provisions contemplate the participation in Advances and payments under Credit 2 A2 by any Lender other than RBCBNS. All Advances under Credit 2 A2 shall be made solely by RBC BNS and records concerning Advances shall be maintained solely by RBC, but RBC shall provide information concerning such Advances to the Agent from time to time upon requestBNS. All payments of principal, interest, fees and other amounts relating to Credit 2 A2 shall be made solely to RBCBNS. In addition, any Any notices by the Borrower CHC in connection with Credit 2 A2 shall be made to RBC, and notice BNS. Notice and minimum amount requirements for Advances shall not apply to Advances by way of overdraft under Credit 2A2. In connection with Advances by way of overdraft, RBC BNS shall ascertain the positions or net positions of the BorrowerCHC's Canadian Dollar and US Dollar accounts daily and, if the positions or net positions are debits in favour of RBCBNS, the debits will (if the Borrower CHC is entitled to an Advance) be deemed to be a Prime Rate Advance Advances (in the case of Canadian Dollars) or a Base Rate Advance (US) Advances (in the case of US Dollars) under Credit 2 A2 in the respective amounts of the debits. If the positions or net positions are credits in favour of the BorrowerCHC, the credits will be deemed to be repayments of Prime Rate Advances (in the case of Canadian Dollars) or Base Rate (US) Advances (in the case of US Dollars) under Credit 2 A2 in the respective amounts of the credits.. Subject to the provisions of Section 8.1 regarding the assignment of interests under Credit B2 in the event of acceleration of payment of the Obligations, the provisions of this Agreement do not apply to Credit B2 to the extent that the provisions contemplate the participation in Advances and payments under Credit B2 by any Lender other than BoS. All Advances under Credit B2 shall be made solely by BoS and records concerning Advances shall be maintained solely by BoS. All payments of principal, interest, fees and other amounts relating to Credit B2 shall be made solely to BoS. Any notices by the European Borrowers in connection with Credit B2 shall be made to BoS. Notice and minimum amount requirements for Advances shall not apply to Advances by way of overdraft under Credit B2. In connection with Advances by way of overdraft, BoS shall ascertain the positions or net positions of the respective European Borrowers' British Pound accounts daily and, if the positions or net positions are debits in favour of BoS, the debits will (if the European Borrowers are entitled to an Advance) be deemed to be Base Rate (UK) Advances in the respective amounts of the debits. If the positions or net positions are credits in favour of the respective European Borrowers, the credits will be deemed to be repayments of Base Rate (UK) Advances under Credit B2 in the respective amounts of the credits. Similarly, references in this Agreement to the Lenders generally shall, in the context of a particular Credit, be interpreted as referring only to the Lenders who have Commitments relating to that Credit. For example, no Lender other than a Credit C Lender shall have any right to receive payments in respect of Credit C or any obligation to make Advances under Credit C.

Exceptions Regarding Particular Credits. Subject to the provisions of Section 5.1 8.1 regarding the assignment of interests under Operating Credit 2 in the event of acceleration of payment of the Obligations, the provisions of this Agreement do not apply to Operating Credit 2 to the extent that the provisions contemplate the participation in Advances and payments under Operating Credit 2 by any Lender other than RBC. All Advances under Operating Credit 2 shall be made solely by RBC and records concerning Advances shall be maintained solely by RBC, but RBC shall provide information concerning such Advances to the Agent from time to time upon request. All payments of principal, interest, fees and other amounts relating to Operating Credit 2 shall be made solely to RBC. In addition, any notices by the Borrower in connection with Operating Credit 2 shall be made to RBC, and notice and minimum amount requirements for Advances shall not apply to Advances by way of overdraft under Operating Credit 2. In connection with Advances by way of overdraft, RBC shall ascertain the positions or net positions of the Borrower's Canadian Dollar and US Dollar accounts daily and, if the positions or net positions are debits in favour of RBC, the debits will (if the Borrower is entitled to an Advance) be deemed to be a Prime Rate Advance (in the case of Canadian Dollars) or a Base Rate Advance (in the case of US Dollars) under Operating Credit 2 in the respective amounts of the debits. If the positions or net positions are credits in favour of the Borrower, the credits will be deemed to be repayments of Prime Rate Advances (in the case of Canadian Dollars) or Base Rate Advances (in the case of US Dollars) under Operating Credit 2 in the respective amounts of the credits.. Subject to further notice by the Agent, the functions of the Agent that relate solely to Term Credit B are hereby delegated to the US Agent. Without limiting the foregoing, Advances under Term Credit B shall be funded by Term Credit B Lenders to the US Agent, payments of principal, interest, fees and other amounts relating to Term Credit B shall be made to the US Agent, notices by the Borrower in connection with Term Credit B shall be given to the US Agent and matters relating to assignments by Term Credit B Lenders shall be administered by the US Agent. Similarly, references in this Agreement to the Lenders generally shall, in the context of a particular Credit, be interpreted as referring only to the Lenders who have Commitments relating to that Credit. For example, no Lender other than a Term Credit A Lender shall have any right to receive payments in respect of Term Credit A or any obligation to make Advances under Term Credit A.

Exceptions Regarding Particular Credits. Subject to the provisions of Section 5.1 8.1 regarding the assignment of interests under Credit 2 A2 in the event of acceleration of payment of the Obligations, the provisions of this Agreement do not apply to Credit 2 A2 to the extent that the provisions contemplate the participation in Advances and payments under Credit 2 A2 by any Lender other than RBCBNS. All Advances under Credit 2 A2 shall be made solely by RBC BNS and records concerning Advances shall be maintained solely by RBC, but RBC shall provide information concerning such Advances to the Agent from time to time upon requestBNS. All payments of principal, interest, fees and other amounts relating to Credit 2 A2 shall be made solely to RBCBNS. In addition, any Any notices by the Borrower Borrowers in connection with Credit 2 A2 shall be made to RBC, and notice BNS. Notice and minimum amount requirements for Advances shall not apply to Advances by way of overdraft under Credit 2A2. In connection with Advances by way of overdraft, RBC BNS shall ascertain daily the positions or net positions of accounts of CHC and the Borrower's Overdraft Borrowers in Canadian Dollar Dollars, US Dollars and US Dollar accounts daily other Approved Currencies acceptable to BNS and, if the respective positions or net positions are debits in favour of RBCBNS, the debits will (if the Borrower is Borrowers are entitled to an Advance) be deemed to be a Prime Rate Advance Advances (in the case of Canadian Dollars) or a Base Rate Advance Advances (in the case of US Dollarsother Approved Currencies) under Credit 2 A2 in the respective amounts of the debits. If the respective positions or net positions are credits in favour of the Borrowerrespective Borrowers, the credits will be deemed to be repayments of Prime Rate Advances (in the case of Canadian Dollars) or Base Rate Advances (in the case of US Dollarsother Approved Currencies) under Credit 2 A2 in the respective amounts of the credits.. Subject to the provisions of Section 8.1 regarding the assignment of interests under Credit B2 in the event of acceleration of payment of the Obligations, the provisions of this Agreement do not apply to Credit B2 (or to Credit B1 if there is only one Credit B Lender) to the extent that the provisions contemplate the participation in Advances and payments under Credit B2 (or Credit B1 if there is only one Credit B Lender) by any Lender other than Nordea. All Advances under Credit B2 (and Credit B1 if there is only one Credit B Lender) shall be made solely by Nordea and records concerning Advances shall be maintained solely by Nordea. All payments of principal, interest, fees and other amounts relating to Credit B2 (and Credit B1 if there is only one Credit B Lender) shall be made solely to Nordea. Any notices by the European Borrowers in connection with Credit B2 (and Credit B1 if there is only one Credit B Lender) shall be made to Nordea. Notice and minimum amount requirements for Advances shall not apply to Advances by way of overdraft under Credit B2. In connection with Advances by way of overdraft, if any, Nordea shall ascertain the positions or net positions of the respective European Borrowers' accounts in the relevant Approved Currencies daily and, if the positions or net positions are debits in favour of Nordea, the debits will (if the European Borrowers are entitled to an Advance) be deemed to be Base Rate Advances in the respective amounts of the debits. If the positions or net positions are credits in favour of the respective European Borrowers, the credits will be deemed to be repayments of Base Rate Advances under Credit B2 in the respective amounts of the credits. Similarly, references in this Agreement to the Lenders generally shall, in the context of a particular Credit, be interpreted as referring only to the Lenders who have Commitments relating to that Credit. For example, no Lender other than a Credit C Lender shall have any right to receive payments in respect of Credit C or any obligation to make Advances under Credit C.