Execution of Canadian BAs. To facilitate the acceptance of Canadian BAs hereunder, the Canadian Borrower hereby appoints each Canadian Lender as its attorney to sign and endorse on its behalf, as and when considered necessary by the Canadian Lender, an appropriate number of drafts in the form prescribed by that Canadian Lender. Each Canadian Lender may, at its option, execute any draft in handwriting or by the facsimile or mechanical signature of any of its authorized officers, and the Canadian Lenders are hereby authorized to accept or pay, as the case may be, any draft of the Canadian Borrower which purports to bear such a signature notwithstanding that any such individual has ceased to be an authorized officer of the Canadian Lender, in which case any such draft or Canadian BA shall be as valid as if he or she were an authorized officer at the date of issue of the draft or Canadian BA. Any drafts or Canadian BA signed by a Canadian Lender as attorney for the Canadian Borrower, whether signed in handwriting or by the facsimile or mechanical signature of an authorized officer of a Canadian Lender, may be dealt with by the Canadian Administrative Agent or any Canadian Lender to all intents and purposes and shall bind the Canadian Borrower as if duly signed and issued by the Canadian Borrower. The receipt by the Canadian Administrative Agent of a request for a Borrowing by way of Canadian BAs shall be each applicable Canadian Lender's sufficient authority to execute, and each applicable Canadian Lender shall, subject to the terms and conditions of this Agreement, execute drafts in accordance with such request and the advice of the Canadian Administrative Agent given pursuant to this Section 2.9.2, and the drafts so executed shall thereupon be deemed to have been presented for acceptance.
Appears in 3 contracts
Samples: Credit Agreement (Associated Materials Inc), Credit Agreement (AMH Holdings, Inc.), Credit Agreement (AMH Holdings, Inc.)
Execution of Canadian BAs. (a) To facilitate the acceptance of Canadian BAs BA’s hereunder, the Canadian Borrower PMCULC hereby appoints each Canadian Lender as its attorney to sign and endorse on its behalf, as and when considered necessary by the Canadian such Lender, an appropriate number of drafts Canadian BA’s in the form prescribed by that Canadian such Lender. .
(b) Each Canadian Lender may, at its option, execute any draft Canadian BA in handwriting or by the facsimile or mechanical signature of any of its authorized officers, and the Canadian Lenders are each Lender is hereby authorized to accept or pay, as the case may be, any draft Canadian BA of the Canadian Borrower which PMCULC that purports to bear such a signature signature, notwithstanding that any such individual has ceased to be an authorized officer of the Canadian such Lender, in which case any . Any such draft or Canadian BA shall be as valid as if he or she such individual were an authorized officer at the date of issue of the draft or Canadian BA. .
(c) Any drafts or Canadian BA signed by a Canadian Lender as attorney for the Canadian BorrowerPMCULC, whether signed in handwriting or by the facsimile or mechanical signature of an authorized officer of a Canadian Lender, may be dealt with by the Canadian Administrative Agent or any Canadian such Lender to for all intents and purposes purposes, and shall bind the Canadian Borrower PMCULC, as if duly signed and issued by the Canadian Borrower. PMCULC.
(d) The receipt by the Canadian Administrative Agent a Lender of a request for a Borrowing by way of Canadian BAs BA’s shall be each applicable Canadian such Lender's ’s sufficient authority to execute, and each applicable Canadian Lender shall, subject to the terms and conditions of this Agreement, execute drafts Canadian BA’s in accordance with such request and the advice of the Canadian Administrative Agent given pursuant to Section 4 of this Section 2.9.2Schedule, and the drafts Canadian BA’s so executed shall thereupon be deemed to have been presented for acceptance.
Appears in 2 contracts
Samples: Credit Agreement (Plains Gp Holdings Lp), Third Amended and Restated Credit Agreement (Plains All American Pipeline Lp)
Execution of Canadian BAs. To facilitate the acceptance of Canadian BAs hereunder, the Canadian Borrower hereby appoints each Canadian Revolving Loan Lender as its attorney to sign and endorse on its behalf, as and when considered necessary by the Canadian Revolving Loan Lender, an appropriate number of drafts in the form prescribed by that Canadian Revolving Loan Lender. Each Canadian Revolving Loan Lender may, at its option, execute any draft in handwriting or by the facsimile or mechanical signature of any of its authorized officers, and the Canadian Revolving Loan Lenders are hereby authorized to accept or pay, as the case may be, any draft of the Canadian Borrower which purports to bear such a signature notwithstanding that any such individual has ceased to be an authorized officer of the Canadian Revolving Loan Lender, in which case any such draft or Canadian BA shall be as valid as if he or she were an authorized officer at the date of issue of the draft or Canadian BA. Any drafts or Canadian BA signed by a Canadian Revolving Loan Lender as attorney for the Canadian Borrower, whether signed in handwriting or by the facsimile or mechanical signature of an authorized officer of a Canadian Revolving Loan Lender, may be dealt with by the Canadian Administrative Agent or any Canadian Revolving Loan Lender to for all intents and purposes and shall bind the Canadian each Borrower as if duly signed and issued by the Canadian Borrower. The receipt by the Canadian Administrative Agent of a request for a Borrowing by way of Canadian BAs shall be constitute each applicable Canadian Revolving Loan Lender's ’s sufficient authority to execute, and each applicable Canadian Revolving Loan Lender shall, subject to the terms and conditions of this Agreement, execute drafts in accordance with such request and the advice of the Canadian Administrative Agent given pursuant to this Section 2.9.2request, and the drafts so executed shall thereupon be deemed to have been presented for acceptance.
Appears in 1 contract
Execution of Canadian BAs. (a) To facilitate the acceptance of Canadian BAs hereunder, the Canadian Revolver Borrower hereby appoints each Canadian Lender as its attorney to sign and endorse on its behalf, as and when considered necessary by the Canadian Lenderin accordance with clause (d) of Section 2.8.3, an appropriate number of drafts in the form prescribed by that Canadian Lender. .
(b) Each Canadian Lender may, at its option, execute any draft in handwriting or by the facsimile or mechanical signature of any of its authorized officers, and the Canadian Lenders are hereby authorized to accept or pay, as the case may be, any draft of the Canadian Revolver Borrower which purports to bear such a signature notwithstanding that any such individual has ceased to be an authorized officer of the Canadian Lender, in which case any such .
(c) Any draft or Canadian BA shall be as valid as if he or she were an authorized officer at the date of issue of the draft or Canadian BA. Any drafts or Canadian BA signed by a Canadian Lender as attorney for the Canadian Borrower, Revolver Borrower whether signed in handwriting or by the facsimile or mechanical signature of an authorized officer of a Canadian Lender, may be dealt with by the Canadian Administrative Agent or any Canadian Lender to all intents and purposes and shall bind the Canadian Revolver Borrower as if duly signed and issued by the Canadian Revolver Borrower. .
(d) The receipt by the Canadian Administrative Agent of a request for a Borrowing Credit Extension by way of Canadian BAs shall be each applicable Canadian Lender's ’s sufficient authority to execute, and each applicable Canadian Lender shall, subject to the terms and conditions of this Agreement, execute drafts in accordance with such request and the advice of the Canadian Administrative Agent given pursuant to this Section 2.9.22.8.1, and the drafts so executed shall thereupon be deemed to have been presented for acceptance.
(e) No Canadian Lender shall be liable for any damage, loss or other claim arising by reason of any loss or improper use of any such Canadian BA except to the extent caused by gross negligence or willful misconduct of such Lender or its officers, agents or representatives.
(f) Each Canadian Lender shall maintain a record with respect to Canadian BAs (i) received by it in blank hereunder, (ii) voided by it for any reason, (iii) accepted and purchased by it hereunder and (iv) cancelled at their respective maturities. Each Canadian Lender agrees to retain such records in the manner and for the statutory periods provided in the various Canadian provincial or federal statutes and regulations which apply to such Lender. On request by or on behalf of the Canadian Revolver Borrower, a Canadian Lender shall cancel all forms of Canadian BAs which have been pre-signed or pre-endorsed on behalf of the Canadian Revolver Borrower and which are held by such Canadian Lender and are not required to be issued in accordance with the Canadian Revolver Borrower’s irrevocable notice.
Appears in 1 contract
Execution of Canadian BAs. To facilitate the acceptance of Canadian BAs hereunder, the Canadian Borrower hereby appoints each Canadian Revolving Loan Lender as its attorney to sign and endorse on its behalf, as and when considered necessary by the Canadian Revolving Loan Lender, an appropriate number of drafts in the form prescribed by that Canadian Revolving Loan Lender. Each Canadian Revolving Loan Lender may, at its option, execute any draft in handwriting or by the facsimile or mechanical signature of any of its authorized officers, and the Canadian Revolving Loan Lenders are hereby authorized to accept or pay, as the case may be, any draft of the Canadian Borrower which purports to bear such a signature notwithstanding that any such individual has ceased to be an authorized officer of the Canadian Revolving Loan Lender, in which case any such draft or Canadian BA shall be as valid as if he or she were an authorized officer at the date of issue of the draft or Canadian BA. Any drafts or Canadian BA signed by a Canadian Revolving Loan Lender as attorney for the Canadian Borrower, whether signed in handwriting or by the facsimile or mechanical signature of an authorized officer of a Canadian Revolving Loan Lender, may be dealt with by the Canadian Administrative Agent or any Canadian Revolving Loan Lender to for all intents and purposes and shall bind the Canadian each Borrower as if duly signed and issued by the Canadian Borrower. The receipt by the Canadian Administrative Agent of a request for a Borrowing by way of Canadian BAs shall be constitute each applicable Canadian Revolving Loan Lender's ’s sufficient authority to execute, and each applicable Canadian Revolving Loan Lender shall, subject to the terms and conditions of this Agreement, execute drafts in accordance with such request and the advice of the Canadian Administrative Agent given pursuant to this Section 2.9.2request, and the drafts so executed shall thereupon be deemed to have been presented for acceptance.
Appears in 1 contract
Execution of Canadian BAs. To facilitate the acceptance of Canadian BAs hereunder, the each Canadian Revolving Loan Borrower hereby appoints each Canadian Revolving Loan Lender as its attorney to sign and endorse on its behalf, as and when considered necessary by the Canadian Revolving Loan Lender, an appropriate number of drafts in the form prescribed by that Canadian Revolving Loan Lender. Each Canadian Revolving Loan Lender may, at its option, execute any draft in handwriting or by the facsimile or mechanical signature of any of its authorized officers, and the Canadian Revolving Loan Lenders are hereby authorized to accept or pay, as the case may be, any draft of the any Canadian Revolving Loan Borrower which purports to bear such a signature notwithstanding that any such individual has ceased to be an authorized officer of the Canadian Revolving Loan Lender, in which case any such draft or Canadian BA shall be as valid as if he or she were an authorized officer at the date of issue of the draft or Canadian BA. Any drafts or Canadian BA signed by a Canadian Revolving Loan Lender as attorney for the any Canadian Revolving Loan Borrower, whether signed in handwriting or by the facsimile or mechanical signature of an authorized officer of a Canadian Revolving Loan Lender, may be dealt with by the Canadian Administrative Agent or any Canadian Revolving Loan Lender to all intents and purposes and shall bind the Canadian each Borrower as if duly signed and issued by the a Canadian Revolving Loan Borrower. The receipt by the Canadian Administrative Agent of a request for a Borrowing by way of Canadian BAs shall be constitute each applicable Canadian Revolving Loan Lender's ’s sufficient authority to execute, and each applicable Canadian Revolving Loan Lender shall, subject to the terms and conditions of this Agreement, execute drafts in accordance with such request and the advice of the Canadian Administrative Agent given pursuant to this Section 2.9.2Section, and the drafts so executed shall thereupon be deemed to have been presented for acceptance.
Appears in 1 contract
Execution of Canadian BAs. To facilitate the acceptance of Canadian BAs hereunder, the Canadian Borrower hereby appoints each Canadian Revolving Loan Lender as its attorney to sign and endorse on its behalf, as and when considered necessary by the Canadian Revolving Loan Lender, an appropriate number of drafts in the form prescribed by that Canadian Revolving Loan Lender. Each Canadian Revolving Loan Lender may, at its option, execute any draft in handwriting or by the facsimile or mechanical signature of any of its authorized officers, and the Canadian Revolving Loan Lenders are hereby authorized to accept or pay, as the case may be, any draft of the Canadian Borrower which purports to bear such a signature notwithstanding that any such individual has ceased to be an authorized officer of the Canadian Revolving Loan Lender, in which case any such draft or Canadian BA shall be as valid as if he or she were an authorized officer at the date of issue of the draft or Canadian BA. Any drafts or Canadian BA signed by a Canadian Revolving Loan Lender as attorney for the Canadian Borrower, whether signed in handwriting or by the facsimile or mechanical signature of an authorized officer of a Canadian Revolving Loan Lender, may be dealt with by the Canadian Administrative Agent or any Canadian Revolving Loan Lender to all intents and purposes and shall bind the Canadian each Borrower as if duly signed and issued by the Canadian Borrower. The receipt by the Canadian Administrative Agent of a request for a Borrowing by way of Canadian BAs shall be constitute each applicable Canadian Revolving Loan Lender's ’s sufficient authority to execute, and each applicable Canadian Revolving Loan Lender shall, subject to the terms and conditions of this Agreement, execute drafts in accordance with such request and the advice of the Canadian Administrative Agent given pursuant to this Section 2.9.2request, and the drafts so executed shall thereupon be deemed to have been presented for acceptance.
Appears in 1 contract
Execution of Canadian BAs. To facilitate the acceptance of Canadian BAs hereunder, the Canadian Borrower hereby appoints each Canadian Lender as its attorney to sign and endorse on its behalf, as and when considered necessary by the Canadian Lender, an appropriate number of drafts in the form prescribed by that Canadian Lender. Each Canadian Lender may, at its option, execute any draft in handwriting or by the facsimile or mechanical signature of any of its authorized officers, and the Canadian Lenders are hereby authorized to accept or pay, as the case may be, any draft of the Canadian Borrower which purports to bear such a signature notwithstanding that any such individual has ceased to be an authorized officer of the Canadian Lender, in which case any such draft or Canadian BA shall be as valid as if he or she were an authorized officer at the date of issue of the draft or Canadian BA. Any drafts or Canadian BA signed by a Canadian Lender as attorney for the Canadian Borrower, whether signed in handwriting or by the facsimile or mechanical signature of an authorized officer of a Canadian Lender, may be dealt with by the Canadian Revolving Administrative Agent or any Canadian Lender to all intents and purposes and shall bind the Canadian Borrower as if duly signed and issued by the Canadian Borrower. The receipt by the Canadian Revolving Administrative Agent of a request for a Borrowing by way of Canadian BAs shall be each applicable Canadian Lender's sufficient authority to execute, and each applicable Canadian Lender shall, subject to the terms and conditions of this Agreement, execute drafts in accordance with such request and the advice of the Canadian Revolving Administrative Agent given pursuant to this Section 2.9.22.9, and the drafts so executed shall thereupon be deemed to have been presented for acceptance.
Appears in 1 contract