Common use of Non-Acceptance Lenders Clause in Contracts

Non-Acceptance Lenders. The parties acknowledge that a Lender (a “Non-Acceptance Lender”) may not be permitted by applicable Law to, or may not by virtue of customary market practices, stamp or accept drafts to create Bankers’ Acceptances. A Non-Acceptance Lender shall, in lieu of creating Bankers’ Acceptances, make a BA Equivalent Loan. The amount of each BA Equivalent Loan shall be equal to the Non-Acceptance Discount Proceeds which would be realized from a hypothetical sale of those Bankers’ Acceptances which that Non-Acceptance Lender would otherwise be required to create as part of a particular Drawing. Any BA Equivalent Loan shall be made on the relevant Drawing Date, and shall remain outstanding for the term of the relevant Bankers’ Acceptances. For greater certainty, concurrently with the making of a BA Equivalent Loan, a Non-Acceptance Lender shall be entitled to deduct therefrom an amount equal to the stamping fee which that Lender would otherwise be entitled to receive pursuant to Section 4.5 as part of the BA Equivalent Loan if the BA Equivalent Loan were a Bankers’ Acceptance, based on the amount of principal and interest payable on the maturity date of the BA Equivalent Loan. On the maturity date for the Bankers’ Acceptances required by a Borrower, the applicable Borrower shall pay to each Non-Acceptance Lender the amount of such Lender’s BA Equivalent Loan plus interest on the principal amount of the BA Equivalent Loan calculated at the applicable Non-Acceptance Discount Rate (in effect on the date such BA Equivalent Loan was made) from and including the date on which the BA Equivalent Loan was made to but excluding the maturity date of the BA Equivalent Loan.

Appears in 3 contracts

Samples: Credit Agreement (Pope & Talbot Inc /De/), Credit Agreement (Pope & Talbot Inc /De/), Credit Agreement (Pope & Talbot Inc /De/)

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Non-Acceptance Lenders. The parties acknowledge that a Lender (a "Non-Acceptance Lender") may not be permitted by applicable Law to, or may not by virtue of customary market practices, stamp or accept drafts to create Bankers’ Acceptancescommercial drafts. A Non-Acceptance Lender shall, in lieu of creating accepting and purchasing Bankers' Acceptances, make a BA Equivalent Loan. The amount of each BA Equivalent Loan shall be equal to the Non-Acceptance Discount Proceeds which would be realized from a hypothetical sale of those Bankers' Acceptances which that Non-Acceptance Lender would otherwise be required to create accept and purchase as part of a particular such Drawing. To determine the amount of those Discount Proceeds, the hypothetical sale shall be deemed to take place at the Non-Acceptance Discount Rate for that BA Equivalent Loan. Any BA Equivalent Loan shall be made on the relevant Drawing Date, and shall remain outstanding for the term of the relevant Bankers' Acceptances. For greater certainty, concurrently with the making of a BA Equivalent Loan, a Non-Acceptance Lender shall be entitled to deduct therefrom an amount equal to the stamping fee which that Lender would otherwise be entitled to receive pursuant to Section 4.5 section 4.6 as part of the that BA Equivalent Loan if the that BA Equivalent Loan were was a Bankers' Acceptance, based on the amount of principal and interest payable on the maturity date of the that BA Equivalent Loan. On the maturity date for the Bankers' Acceptances required by a the Borrower, the applicable Borrower shall pay to each Non-Acceptance Lender the amount of such Lender’s 's BA Equivalent Loan plus interest on the principal amount of the that BA Equivalent Loan calculated at the applicable Non-Acceptance Discount Rate (in effect on the date such BA Equivalent Loan was made) from and including the date on which the BA Equivalent Loan was made of acceptance to but excluding the maturity date of the that BA Equivalent Loan. Unless otherwise expressly provided herein or unless the context otherwise requires, all references in this agreement to "Bankers' Acceptances" shall be deemed to include BA Equivalent Loans made by a Non-Acceptance Lender as part of an Accommodation by way of Bankers' Acceptances, and all references to "Drawings" shall be deemed to include the making of one or more BA Equivalent Loans pursuant to an Accommodation Request.

Appears in 1 contract

Samples: Credit Agreement (Telus Corp)

Non-Acceptance Lenders. The parties acknowledge that a Lender (a "Non-Acceptance Lender") may not be permitted by applicable Applicable Law to, or may not by virtue of customary market practices, stamp or accept drafts to create Bankers’ Acceptancescommercial drafts. A Non-Acceptance Lender shall, in lieu of creating accepting and purchasing Bankers’ Acceptances, make a BA Equivalent Loan. The amount of each BA Equivalent Loan shall be equal to the Non-Acceptance Discount Proceeds which would be realized from a hypothetical sale of those Bankers’ Acceptances which that Non-Acceptance Lender would otherwise be required to create accept and purchase as part of a particular such Drawing. To determine the amount of those Discount Proceeds, the hypothetical sale shall be deemed to take place at the Non-Acceptance Discount Rate for that BA Equivalent Loan. Any BA Equivalent Loan shall be made on the relevant Drawing Date, and shall remain outstanding for the term of the relevant Bankers’ Acceptances. For greater certainty, concurrently with the making of a BA Equivalent Loan, a Non-Acceptance Lender shall be entitled to deduct therefrom an amount equal to the stamping fee which that Lender would otherwise be entitled to receive pursuant to Section 4.5 4.6 as part of the that BA Equivalent Loan if the that BA Equivalent Loan were was a Bankers’ Acceptance, based on the amount of principal and interest payable on the maturity date of the that BA Equivalent Loan. On the maturity date for the Bankers’ Acceptances required by a the Borrower, the applicable Borrower shall pay to each Non-Acceptance Lender the amount of such Lender’s BA Equivalent Loan plus interest on the principal amount of the that BA Equivalent Loan calculated at the applicable Non-Acceptance Discount Rate (in effect on the date such BA Equivalent Loan was made) from and including the date on which the BA Equivalent Loan was made of acceptance to but excluding the maturity date of the that BA Equivalent Loan.

Appears in 1 contract

Samples: Credit Agreement (Kinder Morgan Inc)

Non-Acceptance Lenders. The parties acknowledge that a Lender (a “Non-Acceptance Lender”) may not be permitted by applicable Law to, or may not by virtue of customary market practices, stamp or accept drafts to create Bankers’ Acceptancescommercial drafts. A Non-Acceptance Lender shall, in lieu of creating accepting and purchasing Bankers’ Acceptances, make a BA Equivalent Loan. The amount of each BA Equivalent Loan shall be equal to the Non-Acceptance Discount Proceeds which would be realized from a hypothetical sale of those the Bankers’ Acceptances which that Non-Acceptance Lender would otherwise be required to create accept and purchase as part of a particular such Drawing. To determine the amount of such Discount Proceeds, the hypothetical sale shall be deemed to take place at the Non-Acceptance Discount Rate for that BA Equivalent Loan. Any BA Equivalent Loan shall be made on the relevant Drawing Date, and shall remain outstanding for the term of the relevant Bankers’ Acceptances. For greater certainty, concurrently with the making of a BA Equivalent Loan, a Non-Acceptance Lender shall be entitled to deduct therefrom an amount equal to the stamping fee Stamping Fee which that Lender would otherwise be entitled to receive pursuant to Section 4.5 4.6 as part of the that BA Equivalent Loan if the that BA Equivalent Loan were a Bankers’ Acceptance, based on the amount of principal and interest payable on the maturity date of the that BA Equivalent Loan. On the maturity date for the relevant Bankers’ Acceptances required by a BorrowerAcceptances, the applicable Borrower WFT or Norbord, as applicable, shall pay to each Non-Acceptance Lender the amount of such Lender’s BA Equivalent Loan plus interest on the principal amount of the that BA Equivalent Loan calculated at the applicable Non-Acceptance Discount Rate (in effect on the date such BA Equivalent Loan was made) from and including the date on which the BA Equivalent Loan was made of acceptance to but excluding the maturity date of the that BA Equivalent Loan.

Appears in 1 contract

Samples: Credit Agreement (West Fraser Timber Co., LTD)

Non-Acceptance Lenders. The parties acknowledge that a Lender (a "Non-Acceptance Lender") may not be permitted by applicable Requirements of Law to, or may not by virtue of customary market practices, stamp or accept drafts to create Bankers’ Acceptancescommercial drafts. A Non-Acceptance Lender shall, in lieu of creating accepting and purchasing Bankers' Acceptances, make a BA Equivalent Loan. The amount of each BA Equivalent Loan shall be equal to the Non-Acceptance Discount Proceeds which would be realized from a hypothetical sale of those Bankers' Acceptances which that Non-Acceptance Lender would otherwise be required to create accept and purchase as part of a particular such Drawing. To determine the amount of those Discount Proceeds, the hypothetical sale shall be deemed to take place at the Non-Acceptance Discount Rate for that BA Equivalent Loan. Any BA Equivalent Loan shall be made on the relevant Drawing Date, and shall remain outstanding for the term of the relevant Bankers' Acceptances. For greater certainty, concurrently with the making of a BA Equivalent Loan, a Non-Acceptance Lender shall be entitled to deduct therefrom an amount equal to the stamping fee which that Lender would otherwise be entitled to receive pursuant to Section 4.5 4.6 as part of the that BA Equivalent Loan if the that BA Equivalent Loan were was a Bankers' Acceptance, based on the amount of principal and interest payable on the maturity date of the that BA Equivalent Loan. On the maturity date for the Bankers' Acceptances required by a the Borrower, the applicable Borrower shall pay to each Non-Acceptance Lender the amount of such Lender’s 's BA Equivalent Loan plus interest on the principal amount of the that BA Equivalent Loan calculated at the applicable Non-Acceptance Discount Rate (in effect on the date such BA Equivalent Loan was made) from and including the date on which the BA Equivalent Loan was made of acceptance to but excluding the maturity date of the that BA Equivalent Loan.

Appears in 1 contract

Samples: Credit Agreement (Kinder Morgan Inc)

Non-Acceptance Lenders. The parties acknowledge that a Lender (a “Non-Acceptance Lender”) may not be permitted by applicable Law to, or may not by virtue of customary market practices, stamp or accept drafts to create Bankers’ Acceptancescommercial drafts. A Non-Acceptance Lender shall, in lieu of creating accepting and purchasing Bankers’ AcceptancesAcceptances on a Drawing, make a BA Equivalent Loan. The amount of each BA Equivalent Loan shall be equal to the Non-Acceptance Discount Proceeds which would be realized from a hypothetical sale of those Bankers’ Acceptances which that Non-Acceptance Lender would otherwise be required to create accept and purchase as part of a particular such Drawing. To determine the amount of those Discount Proceeds, the hypothetical sale shall be deemed to take place at the Non-Acceptance Discount Rate for that BA Equivalent Loan. Any BA Equivalent Loan shall be made on the relevant Drawing Date, and shall remain outstanding for the term of the relevant Bankers’ Acceptances. For greater certainty, concurrently with the making of a BA Equivalent Loan, a Non-Acceptance Lender shall be entitled to deduct therefrom an amount equal to the stamping fee which that Lender would otherwise be entitled to receive pursuant to Section 4.5 4.6 as part of the that BA Equivalent Loan if the that BA Equivalent Loan were was a Bankers’ Acceptance, based on the amount of principal and interest payable on the maturity date of that BA Equivalent Loan. The parties acknowledge that, inasmuch as Discount Proceeds are net of the stamping fees, no further deduction from the BA Equivalent LoanLoan will be necessary on account of the amount equal to such stamping fee. On the maturity date for the Bankers’ Acceptances required by a the Borrower, the applicable Borrower shall pay to each Non-Acceptance Lender the amount of such Lender’s BA Equivalent Loan plus interest on the principal amount of the that BA Equivalent Loan calculated at the applicable Non-Acceptance Discount Rate (in effect on the date such BA Equivalent Loan was made) from and including the date on which the BA Equivalent Loan was made of acceptance to but excluding the maturity date of the that BA Equivalent Loan. All references in this Agreement to “Bankers’ Acceptances” shall, unless otherwise expressly provided herein or unless the context otherwise requires, be deemed to include BA Equivalent Loans made by a Non-Acceptance Lender as part of a Drawing.

Appears in 1 contract

Samples: Restated Credit Agreement (Maxar Technologies Ltd.)

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Non-Acceptance Lenders. The parties acknowledge that a Lender (a “Non-Acceptance Lender”) may not be permitted by applicable Law to, or may not by virtue of customary market practices, stamp or accept drafts to create Bankers’ Acceptancescommercial drafts. A Non-Acceptance Lender shall, in lieu of creating accepting and purchasing Bankers’ Acceptances, make a BA Equivalent Loan. The amount of each BA Equivalent Loan shall be equal to the Non-Acceptance Discount Proceeds which would be realized from a hypothetical sale of those Bankers’ Acceptances which that Non-Acceptance Lender would otherwise be required to create accept and purchase as part of a particular such Drawing. To determine the amount of those Discount Proceeds, the hypothetical sale shall be deemed to take place at the Non-Acceptance Discount Rate for that BA Equivalent Loan. Any BA Equivalent Loan shall be made on the relevant Drawing Date, and shall remain outstanding for the term of the relevant Bankers’ Acceptances. For greater certainty, concurrently with the making of a BA Equivalent Loan, a Non-Acceptance Lender shall be entitled to deduct therefrom an amount equal to the stamping fee which that Lender would otherwise be entitled to receive pursuant to Section 4.5 section 4.6 as part of the that BA Equivalent Loan if the that BA Equivalent Loan were was a Bankers’ Acceptance, based on the amount of principal and interest payable on the maturity date of the that BA Equivalent Loan. On the maturity date for the Bankers’ Acceptances required by a the Borrower, the applicable Borrower shall pay to each Non-Acceptance Lender the amount of such Lender’s BA Equivalent Loan plus interest on the principal amount of the that BA Equivalent Loan calculated at the applicable Non-Acceptance Discount Rate (in effect on the date such BA Equivalent Loan was made) from and including the date on which the BA Equivalent Loan was made of acceptance to but excluding the maturity date of the that BA Equivalent Loan. Unless otherwise expressly provided herein or unless the context otherwise requires, all references in this agreement to “Bankers’ Acceptances” shall be deemed to include BA Equivalent Loans made by a Non-Acceptance Lender as part of an Accommodation by way of Bankers’ Acceptances, and all references to “Drawings” shall be deemed to include the making of one or more BA Equivalent Loans pursuant to an Accommodation Request.

Appears in 1 contract

Samples: Third Amending Agreement (Telus Corp)

Non-Acceptance Lenders. The parties acknowledge that a Lender (a “Non-Acceptance Lender”) may not be permitted by applicable Law to, or may not by virtue of customary market practices, stamp or accept drafts to create Bankers’ Acceptancescommercial drafts. A Non-Acceptance Lender shall, in lieu of creating accepting and purchasing Bankers’ AcceptancesAcceptances on a Drawing, make a BA Equivalent Loan. The amount of each BA Equivalent Loan shall be equal to the Non-Acceptance Discount Proceeds which would be realized from a hypothetical sale of those Bankers’ Acceptances which that Non-Acceptance Lender would otherwise be required to create accept and purchase as part of a particular such Drawing. To determine the amount of those Discount Proceeds, the hypothetical sale shall be deemed to take place at the Non-Acceptance Discount Rate for that BA Equivalent Loan. Any BA Equivalent Loan shall be made on the relevant Drawing Date, and shall remain outstanding for the term of the relevant Bankers’ Acceptances. For greater certainty, concurrently with the making of a BA Equivalent Loan, a Non-Acceptance Lender shall be entitled to deduct therefrom an amount equal to the stamping fee which that Lender would otherwise be entitled to receive pursuant to Section 4.5 section 4.6 as part of the that BA Equivalent Loan if the that BA Equivalent Loan were was a Bankers’ Acceptance, based on the amount of principal and interest payable on the maturity date of that BA Equivalent Loan. The parties acknowledge that, inasmuch as Discount Proceeds are net of the stamping fees, no further deduction from the BA Equivalent LoanLoan will be necessary on account of the amount equal to such stamping fee. On the maturity date for the Bankers’ Acceptances required by a the Borrower, the applicable Borrower shall pay to each Non-Acceptance Lender the amount of such Lender’s BA Equivalent Loan plus interest on the principal amount of the that BA Equivalent Loan calculated at the applicable Non-Acceptance Discount Rate (in effect on the date such BA Equivalent Loan was made) from and including the date on which the BA Equivalent Loan was made of acceptance to but excluding the maturity date of the that BA Equivalent Loan.

Appears in 1 contract

Samples: Credit Agreement (Macdonald Dettwiler & Associates LTD)

Non-Acceptance Lenders. The parties acknowledge that a Lender (a “Non-Acceptance Lender”) may not be permitted by applicable Law to, or may not by virtue of customary market practices, stamp or accept drafts to create Bankers’ Acceptancescommercial drafts. A Non-Acceptance Lender shall, in lieu of creating accepting and purchasing Bankers’ Acceptances, make a BA Equivalent Loan. The amount of each BA Equivalent Loan shall be equal to the Non-Acceptance Discount Proceeds which would be realized from a hypothetical sale of those the Bankers’ Acceptances which that Non-Acceptance Lender would otherwise be required to create accept and purchase as part of a particular such Drawing. To determine the amount of such Discount Proceeds, the hypothetical sale shall be deemed to take place at the Non-Acceptance Discount Rate for that BA Equivalent Loan. Any BA Equivalent Loan shall be made on the relevant Drawing Date, and shall remain outstanding for the term of the relevant Bankers’ Acceptances. For greater certainty, concurrently with the making of a BA Equivalent Loan, a Non-Acceptance Lender shall be entitled to deduct therefrom an amount equal to the stamping fee Stamping Fee which that Lender would otherwise be entitled to receive pursuant to Section 4.5 4.6 as part of the that BA Equivalent Loan if the that BA Equivalent Loan were a Bankers’ Acceptance, based on the amount of principal and interest payable on the maturity date of the that BA Equivalent Loan. On the maturity date for the relevant Bankers’ Acceptances required by a BorrowerAcceptances, the applicable Borrower WFT shall pay to each Non-Acceptance Lender the amount of such Lender’s BA Equivalent Loan plus interest on the principal amount of the that BA Equivalent Loan calculated at the applicable Non-Acceptance Discount Rate (in effect on the date such BA Equivalent Loan was made) from and including the date on which the BA Equivalent Loan was made of acceptance to but excluding the maturity date of the that BA Equivalent Loan.

Appears in 1 contract

Samples: Credit Agreement (West Fraser Timber Co., LTD)

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