Common use of Notice of Advances and Payments Clause in Contracts

Notice of Advances and Payments. (a) The Borrowers shall give the Agent irrevocable written notice, in the form attached as Schedule 6.5(a), of any request for any Advance to them. The Borrowers shall also give the Agent irrevocable written notice in the same form of any payment by it of any Advance (whether resulting from repayment, prepayment, rollover or conversion). (b) Notice for B/As or LIBOR Advances shall be given not later than the third Banking Day before the Advance Date or date of payment. Notice for an Advance by way of L/C shall be given not later than the third Banking Day before the Advance Date or at such earlier time as the relevant Issuing Bank may reasonably require so that it has sufficient time to review the proposed form of L/C. In the case of the notice for an L/C, such notice shall, inter alia, stipulate which Issuing Bank shall be the issuing bank. Notice for a Prime Rate Advance or Base Rate Advance shall be given on or before the Banking Day before the Advance Date or date of payment. (c) Notices shall be given not later than 10:00 a.m. on the date for notice. Payments (except those being made solely from the proceeds of rollovers and conversions) must be made before 11:00 a.m. on the date for payment. If a notice or payment is not given or made by those times, it shall be deemed to have been given or made on the next Banking Day, unless all Lenders affected by the late notice or payment agree, in their sole discretion, to accept a notice or payment at a later time as being effective on the date it is given or made.

Appears in 3 contracts

Samples: Credit Facility Agreement (HudBay Minerals Inc.), Credit Facility Agreement (HudBay Minerals Inc.), Credit Facility Agreement (HudBay Minerals Inc.)

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Notice of Advances and Payments. (a) The Borrowers Borrower shall give the Agent irrevocable written notice, in the form attached as Schedule 6.5(a)A to this Agreement, of any request for any Advance to themit under the Credits. The Borrowers Borrower shall also give the Agent irrevocable written notice in the same form of any payment by it of any Advance (whether resulting from repayment, prepayment, rollover or conversion). (b) of any Advance under the Credits. Notice for B/As or LIBOR Advances shall be given on or before the third Business Day (but not later earlier than the third Banking Day before fifth Business Day) prior to the Advance Date or date of any Advance or payment. Notice for , except that notice shall be given in respect of an Advance by way of L/C shall be given not later than the third Banking Day before the Advance Date or at such earlier time as the relevant Issuing Bank may reasonably require so that it has sufficient time to review the proposed form of L/C. In the case of the notice for an L/C, such and except that notice shall, inter alia, stipulate which Issuing Bank shall be the issuing bank. Notice for in respect of a Prime Rate Advance or Advance, Base Rate Advance shall or payment thereof may be given on or before the Banking Business Day before the any such Advance Date or date payment. Any cancellation of payment. (c) part or all of any Credit shall only be effective on three Business Days' notice as required by Section 5.7. Notices shall be given not later than 10:00 a.m. 1:00 p.m. (Toronto time) on the date for notice. Payments (except other than those being made solely from the proceeds of rollovers and conversions) must be made before 11:00 a.m. prior to 1:00 p.m. (Toronto time) on the date for payment. If a notice or payment is not given or made by those times, it shall be deemed to have been given or made on the next Banking Business Day, unless all Lenders affected by the late notice or payment agree, in their sole discretion, to accept a notice or payment at a later time as being effective on the date it is given or made.

Appears in 2 contracts

Samples: Credit Agreement (Norske Skog Canada LTD), Credit Agreement (Norske Skog Canada LTD)

Notice of Advances and Payments. (a1) The Borrowers Borrower shall give the Agent irrevocable written notice, in the form attached as Schedule 6.5(a)SCHEDULE D, of any request for any Advance to themit. The Borrowers Borrower shall also give the Agent irrevocable written notice in the same form of any payment by it of any Advance (whether resulting from repayment, prepayment, rollover or conversion). (b2) Notice for B/As or LIBOR Advances shall be given not later than the third Banking Day before the Advance Date or date of payment. Notice for an Advance by way of L/C shall be given not later than the third Banking Day before the Advance Date or at such earlier time as the relevant Issuing Bank may reasonably require so that it has sufficient time to review the proposed form of L/C. In the case of the notice for an L/C, such notice shall, inter alia, stipulate which Issuing Bank shall be the issuing bank. Notice for a Prime Rate Advance or Base Rate Advance shall be given on or before the Banking Day before the Advance Date or date of payment. (c3) Notices shall be given not later than 10:00 a.m. on the date for notice. Payments (except those being made solely from the proceeds of rollovers and conversions) must be made before 11:00 a.m. on the date for payment. If a notice or payment is not given or made by those times, it shall be deemed to have been given or made on the next Banking Day, unless all Lenders affected by the late notice or payment agree, in their sole discretion, to accept a notice or payment at a later time as being effective on the date it is given or made.

Appears in 2 contracts

Samples: Credit Agreement (Iamgold Corp), Credit Agreement (Iamgold Corp)

Notice of Advances and Payments. (a1) The Borrowers Borrower shall give the Agent irrevocable written notice, in the form attached as Schedule 6.5(a)D, of any request for any Advance to themit. The Borrowers Borrower shall also give the Agent irrevocable written notice in the same form of any payment by it of any Advance (whether resulting from repayment, prepayment, rollover or conversion). (b2) Notice for B/As or LIBOR Advances shall be given not later than the third Banking Day before the Advance Date or date of payment. Notice for an Advance by way of L/C shall be given not later than the third Banking Day before the Advance Date or at such earlier time as the relevant Issuing Bank may reasonably require so that it has sufficient time to review the proposed form of L/C. In the case of the notice for an L/C, such notice shall, inter alia, stipulate which Issuing Bank shall be the issuing bank. Notice for a Prime Rate Advance or Base Rate Advance shall be given on or before the Banking Day before the Advance Date or date of payment. (c3) Notices shall be given not later than 10:00 a.m. on the date for notice. Payments (except those being made solely from the proceeds of rollovers and conversions) must be made before 11:00 a.m. on the date for payment. If a notice or payment is not given or made by those times, it shall be deemed to have been given or made on the next Banking Day, unless all Lenders affected by the late notice or payment agree, in their sole discretion, to accept a notice or payment at a later time as being effective on the date it is given or made.

Appears in 2 contracts

Samples: Credit Agreement (Iamgold Corp), Credit Agreement (Iamgold Corp)

Notice of Advances and Payments. (a1) The Borrowers shall give the Agent irrevocable written notice, in the form attached as Schedule 6.5(a)A, of any request for any Advance to themit. The Borrowers shall also give the Agent irrevocable written notice in the same form of any payment by it of any Advance (whether resulting from repayment, prepayment, rollover or conversion). (b2) Notice for B/As shall be given not later than the second Business Day before the Advance Date or date of payment. Notice for LIBOR Advances shall be given not later than the third Banking Business Day before the Advance Date or date of payment. Notice for an Advance by way of L/C shall be given not later than the third Banking Business Day before the Advance Date or at such earlier time as the relevant Issuing Bank may reasonably require so that it has sufficient time to review the proposed form of L/C. In the case of the notice for an L/C, such notice shall, inter alia, stipulate which Issuing Bank shall be the issuing bank. Notice for a Prime Rate Advance or Base Rate Advance shall be given on or before the Banking Business Day before the Advance Date or date of payment. (c3) Notices shall be given not later than 10:00 11:00 a.m. on the date for notice. Payments (except those being made solely from the proceeds of rollovers and conversions) must be made before 11:00 11 a.m. on the date for payment. If a notice or payment is not given or made by those times, it shall be deemed to have been given or made on the next Banking Business Day, unless all Lenders affected by the late notice or payment agree, in their sole discretion, to accept a notice or payment at a later time as being effective on the date it is given or made. (4) Without limiting section 9 of the Provisions, the Borrowers shall indemnify the Agent and the Lenders for all costs that they incur if the Borrowers give notice requesting an Advance or notice of a payment and subsequently fails to complete the Advance or payment or the conditions of the Advance are not satisfied before the time specified in Section 9.10(5) on the proposed Advance Date.

Appears in 2 contracts

Samples: Credit Agreement (Waste Management Inc), Credit Agreement (Waste Management Inc)

Notice of Advances and Payments. (a) The Borrowers Other than in respect of an Overdraft Availment, each Borrower shall give the Agent irrevocable written notice, in the form attached as Schedule 6.5(a)H to this Agreement, of any request for any an Advance to themunder the Credit. The Borrowers Each Borrower shall also give the Agent irrevocable written notice in the same form of any payment by it repayment (other than a mandatory repayment) or prepayment of any Advance (whether resulting from repayment, prepayment, rollover or conversion)under the Credit. (b) Notice for B/As or LIBOR Advances Such notice shall be given not later than 2 Business Days prior to the third Banking Day before the Advance Date or date of any Advance and 1 Business Day prior to the date of any payment, except that notice shall be given three Business Days prior to the date of (i) any proposed LIBOR Advance or payment of LIBOR Advance; and (ii) any proposed Advance by way of Bankers' Acceptances or payment of Bankers' Acceptances. Notice for In addition, notice shall be given in respect of an Advance by way of L/C shall be given not later than on the third Banking Business Day before prior to the date of the proposed Advance Date or at such earlier time as the relevant Issuing Bank Lender may reasonably require so that it has sufficient time to review the proposed form of L/C. In the case Any permanent reduction, as contemplated by Section 2.7, of the notice for an L/C, such notice shall, inter alia, stipulate which Issuing Bank Credit (other than a reduction resulting from a mandatory repayment) shall only be the issuing bank. Notice for a Prime Rate Advance or Base Rate Advance shall be given effective on or before the Banking Day before the Advance Date or date of payment3 Business Days notice. (c) Notices Each such notice shall be given not later than 10:00 11:00 a.m. (Toronto time) on the date for notice. Payments (except other than those being made solely from the proceeds of rollovers and conversions) must be made before prior to 11:00 a.m. (Toronto time) on the date for payment. If a notice or payment is not given or made by those times, it shall be deemed to have been given or made on the next Banking Business Day, unless all Lenders each Lender affected by the late notice or payment agreeagrees, in their its sole discretion, to accept a notice or payment at a later time as being effective on the date it is given or made. (d) Notices given under this Section 5.28 shall be irrevocable.

Appears in 1 contract

Samples: Credit Agreement (MDC Partners Inc)

Notice of Advances and Payments. (a) 5.6.1 The Borrowers applicable Borrower shall give the Agent irrevocable written notice, in the form attached as Schedule 6.5(a)E, of any request for any Advance to themit under the Credit. The Borrowers applicable Borrower shall also give the Agent irrevocable written notice in the same form of any payment by it of any Advance (whether resulting from repayment, prepayment, rollover or conversion)) of any Advance under the Credit. The Borrowers may give notice in a form other than Schedule E if authorized by the Agent from time to time, including using BNS’s Trade Express program in connection with Advances by way of commercial letters of credit. (b) 5.6.2 Notice for B/As or LIBOR Advances shall be given not later than on the third Banking Day before the Advance Date or date of any Advance or payment. Notice for , except that (i) notice shall be given in respect of an Advance by way of L/C shall be given not later than the third Banking Day before the Advance Date or at such earlier time as the relevant Issuing Bank may reasonably require so that it has sufficient time to review the proposed form of L/C. In the case of the notice for an L/C, such (ii) notice shall, inter alia, stipulate which Issuing Bank shall be the issuing bank. Notice for in respect of a Prime Rate Advance or Advance, Base Rate Advance or payment thereof may be given on the Banking Day before any such Advance or payment and in respect of a Bankers’ Acceptance or payment thereof may be given on the second Banking Day before any such Advance or payment, (iii) notice in respect of any Advance requested in connection with a Hostile Acquisition that is a Permitted Acquisition shall be given on or before the fifth Banking Day before the Advance Date or date of paymentany such Advance in accordance with Section 5.2.1. (iv) notice in respect of any Advance requested in connection with any Optional Currency shall be given at such earlier time as the Agent may require by written notice to the Borrowers, and (v) any permanent reduction of the Credit shall only be effective on three Banking Days’ notice as required by Section 5.7.2. (c) 5.6.3 Notices shall be given not later than 10:00 a.m. 12:00 noon on the date for notice. Payments (except other than those being made solely from the proceeds of rollovers and conversions) must be made before 11:00 a.m. 3:00 p.m. on the date for payment. If a notice or payment is not given or made by those times, it shall beshall be deemed to have been given or made on the next Banking Day, unless all Lenders affected by the late notice or payment agree, in their sole discretion, to accept a notice or payment at a later time as being effective on the date it is given or made.

Appears in 1 contract

Samples: Third Amending Agreement (ATS Corp /ATS)

Notice of Advances and Payments. (a) The Borrowers Borrower shall give the Agent irrevocable written notice, in the form attached as Schedule 6.5(a), of any request for any Advance to them. The Borrowers Borrower shall also give the Agent irrevocable written notice in the same form of any payment by it of any Advance (whether resulting from repayment, prepayment, rollover or conversion). (b) Notice for B/As or LIBOR Advances shall be given not later than the third Banking Day before the Advance Date or date of payment. Notice for an Advance by way of L/C shall be given not later than the third Banking Day before the Advance Date or at such earlier time as the relevant Issuing Bank may reasonably require so that it has sufficient time to review the proposed form of L/C. In the case of the notice for an L/C, such notice shall, inter alia, stipulate which Issuing Bank shall be the issuing bank. Notice for a Prime Rate Advance or Base Rate Advance shall be given on or before the Banking Day before the Advance Date or date of payment. (c) Notices shall be given not later than 10:00 a.m. on the date for notice. Payments (except those being made solely from the proceeds of rollovers and conversions) must be made before 11:00 a.m. on the date for payment. If a notice or payment is not given or made by those times, it shall be deemed to have been given or made on the next Banking Day, unless all Lenders affected by the late notice or payment agree, in their sole discretion, to accept a notice or payment at a later time as being effective on the date it is given or made.

Appears in 1 contract

Samples: Credit Facility Agreement (Hudbay Minerals Inc.)

Notice of Advances and Payments. (a) The Borrowers Borrower shall give the Agent irrevocable written notice, in the form attached as Schedule 6.5(a), of any request for any Advance to them. The Borrowers Borrower shall also give the Agent irrevocable written notice in the same form of any payment by it of any Advance (whether resulting from repayment, prepayment, rollover or conversion). (b) Notice for B/As or LIBOR Advances shall be given not later than the third Banking Day before the Advance Date or date of payment. Notice for an Advance by way of L/C shall be given not later than the third Banking Day before the Advance Date or at such earlier time as the relevant Issuing Bank may reasonably require so that it has sufficient time to review the proposed form of L/C. In the case of the notice for an L/C, such notice shall, inter alia, stipulate which Issuing Bank shall be the issuing bank. Notice for a Prime Rate Advance or Base Rate Advance shall be given on or before the Banking Day before the Advance Date or date of payment. (c) Notices shall be given not later than 10:00 a.m. on the date for notice. Payments (except those being made solely from the proceeds of rollovers and conversions) must be made before 11:00 a.m. on the date for payment. If a notice or payment is not given or made by those times, it shall be deemed to have been given or made on the next Banking Day, unless all Lenders affected by the late notice or payment agree, in their sole discretion, to accept a notice or payment at a later time as being effective on the date it is given or made.

Appears in 1 contract

Samples: Credit Facility Agreement (HudBay Minerals Inc.)

Notice of Advances and Payments. (a1) The Borrowers Borrower shall give the Agent irrevocable written notice, in the form attached as Schedule 6.5(a)SCHEDULE C, of any request for any Advance to themit. The Borrowers Borrower shall also give the Agent irrevocable written notice in the same form of any payment by it of any Advance (whether resulting from repayment, prepayment, rollover or conversion). (b2) Notice for B/As or LIBOR Advances shall be given not later than the third Banking Day before the Advance Date or date of payment. Notice for an Advance by way of L/C shall be given not later than the third Banking Day before the Advance Date or at such earlier time as the relevant Issuing Bank may reasonably require so that it has sufficient time to review the proposed form of L/C. In the case of the notice for an L/C, such notice shall, inter alia, stipulate which Issuing Bank shall be the issuing bank. Notice for a Prime Rate Advance or Base Rate Advance shall be given on or before the Banking Day before the Advance Date or date of payment. (c3) Notices shall be given not later than 10:00 a.m. on the date for notice. Payments (except those being made solely from the proceeds of rollovers and conversions) must be made before 11:00 a.m. on the date for payment. If a notice or payment is not given or made by those times, it shall be deemed to have been given or made on the next Banking Day, unless all Lenders affected by the late notice or payment agree, in their sole discretion, to accept a notice or payment at a later time as being effective on the date it is given or made.

Appears in 1 contract

Samples: Credit Agreement (Iamgold Corp)

Notice of Advances and Payments. (a1) The Borrowers Borrower shall give the Agent irrevocable written notice, in the form attached as of Schedule 6.5(a)A, of any request for any Advance to themit under the Credits (other than for any Advance under the Swingline Availability). The Borrowers Borrower shall also give the Agent irrevocable written notice in the same form of any payment by it of any Advance (whether resulting from a repayment, prepayment, rollover or conversion), but not if resulting from repayment of an Advance on a scheduled repayment date that is not to be subject to a rollover or conversion) of any Advance under a Credit and each such payment shall be for an amount no less than, as applicable, Cdn. $5,000,000 or US $5,000,000 or the aggregate amount of the Advances outstanding, whichever is less. (b2) Notice for B/As in respect of a LIBOR Advance or LIBOR Advances payment thereof shall be given not later than on the third Banking Business Day before prior to the Advance Date or date of any LIBOR Advance or payment. Notice for , notice shall be given in respect of an Advance by way of L/C shall be given not later than the third Banking Day before the Advance Date or at such earlier time prior to the date of any Advance by way of L/C as the relevant Issuing Bank may reasonably require (but not less than three Business Days) so that it has sufficient time to review the proposed form of L/C. In the case C and notice in respect of the notice for an L/C, such notice shall, inter alia, stipulate which Issuing Bank shall be the issuing bank. Notice for a Prime Rate Advance or Advance, Base Rate Advance shall or Advance by way of Banker’s Acceptance or payment thereof may be given on or before the Banking Business Day before the any such Advance Date or date payment. Any permanent reduction of paymenta Credit shall only be effective on three Business Days notice as required by Section 5.4. (c3) Notices shall be given not later than 10:00 11:00 a.m. (Toronto time) on the date for notice. Payments (except other than those being made solely from the proceeds of rollovers and conversions) must be made before prior to 11:00 a.m. (Toronto time) on the date for payment. If a notice or payment is not given or made by those times, it shall be deemed to have been given or made on the next Banking Business Day, unless all Lenders affected by the late notice or payment agree, in their sole discretion, to accept a notice or payment at a later time as being effective on the date it is given or made.

Appears in 1 contract

Samples: Credit Agreement (Canwest Mediaworks Inc)

Notice of Advances and Payments. (a) The Borrowers Borrower shall give the Agent irrevocable written notice, in the form attached as Schedule 6.5(a), of any request for any Advance to themit. The Borrowers Borrower shall also give the Agent irrevocable written notice in the same form of any payment by it of any Advance (whether resulting from repayment, prepayment, rollover or conversion). (b) Notice for a Prime Rate Advance or Base Rate Advance shall be given not later than the first Banking Day before the Advance Date or date of payment. Notices for a B/As A shall be given not later than the second Banking Day before the Advance Date or date of payment. Notices for LIBOR Advances shall be given not later than the third Banking Day before the Advance Date or date of paymentDate. Notice for an Advance by way of L/C shall be given not later than the third Banking Day before the Advance Date or at such earlier time as the relevant Issuing Bank may reasonably require so that it has sufficient time to review the proposed form of L/C. In the case of the notice for an L/C, such notice shall, inter alia, stipulate which Issuing Bank shall be the issuing bank. Notice for a Prime Rate Advance or Base Rate Advance shall be given on or before the Banking Day before the Advance Date or date of payment.C. (c) Notices shall be given not later than 10:00 a.m. (Toronto time) on the date for notice. Payments (except those being made solely from the proceeds of rollovers and conversions) must be made before 11:00 a.m. a.m.(Toronto time) on the date for payment. If a notice or payment is not given or made by those times, it shall be deemed to have been given or made on the next Banking Day, unless all Lenders affected by the late notice or payment agree, in their sole discretion, to accept a notice or payment at a later time as being effective on the date it is given or made.

Appears in 1 contract

Samples: Credit Agreement (Maverix Metals Inc.)

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Notice of Advances and Payments. (a) The Borrowers Borrower shall give the Agent irrevocable written notice, in the form attached as Schedule 6.5(a), of any request for any Advance to them. The Borrowers Borrower shall also give the Agent irrevocable written notice in the same form of any payment by it of any Advance (whether resulting from repayment, prepayment, rollover or conversion). (b) Notice for Prime Rate Advances or Base Rate Advances shall be given not later than one Banking Day before the Advance Date. Notices for B/As or LIBOR Advances shall be given not later than the third Banking Day before the Advance Date or date of payment. Notice for an Advance by way of L/C shall be given not later than the third Banking Day before the Advance Date or at such earlier time as the relevant Issuing Bank may reasonably require so that it has sufficient time to review the proposed form of L/C. In the case of the notice for an L/C, such notice shall, inter alia, stipulate which Issuing Bank shall be the issuing bank. Notice for a Prime Rate Advance or Base Rate Advance shall be given on or before the Banking Day before the Advance Date or date of payment. (c) Notices shall be given not later than 10:00 a.m. on the date for notice. Payments (except those being made solely from the proceeds of rollovers and conversions) must be made before 11:00 a.m. on the date for payment. If a notice or payment is not given or made by those times, it shall be deemed to have been given or made on the next Banking Day, unless all Lenders affected by the late notice or payment agree, in their sole discretion, to accept a notice or payment at a later time as being effective on the date it is given or made.

Appears in 1 contract

Samples: Credit Facility Agreement (Hudbay Minerals Inc.)

Notice of Advances and Payments. (a) The Borrowers Borrower shall give the Agent irrevocable written notice, in the form attached as Schedule 6.5(a)A to this Agreement, of any request for any Advance to themit under the Credits. The Borrowers Borrower shall also give the Agent irrevocable written notice in the same form of any payment by it of any Advance (whether resulting from repayment, prepayment, rollover or conversion). (b) of any Advance under the Credits, other than a scheduled repayment under Term Credit A or Term Credit B. Notice for B/As or LIBOR Advances shall be given on or before the third Business Day (but not later earlier than the third Banking Day before fifth Business Day) prior to the Advance Date or date of any Advance or payment. Notice for , except that notice shall be given in respect of an Advance by way of L/C shall be given not later than the third Banking Day before the Advance Date or at such earlier time as the relevant Issuing Bank may reasonably require so that it has sufficient time to review the proposed form of L/C. In the case of the notice for an L/C, such and except that notice shallin respect of a Prime Rate Advance, inter aliaBase Rate Advance, stipulate which Issuing Bank shall be the issuing bank. Notice for a US Prime Rate Advance or Base Rate Advance shall payment thereof may be given on or before the Banking Business Day before the any such Advance Date or date payment. Any cancellation of payment. (c) part or all of any Credit shall only be effective on three Business Days' notice as required by Section 8.7. Notices shall be given not later than 10:00 a.m. 1:00 p.m. (Toronto time) on the date for notice. Payments (except other than those being made solely from the proceeds of rollovers and conversions) must be made before 11:00 a.m. prior to 1:00 p.m. (Toronto time) on the date for payment. If a notice or payment is not given or made by those times, it shall be deemed to have been given or made on the next Banking Business Day, unless all Lenders affected by the late notice or payment agree, in their sole discretion, to accept a notice or payment at a later time as being effective on the date it is given or made.

Appears in 1 contract

Samples: Credit Agreement (Norske Skog Canada LTD)

Notice of Advances and Payments. (a) The Borrowers Borrower shall give the Agent irrevocable written notice, in the form attached as Schedule 6.5(a), of any request for any Advance to them. The Borrowers Borrower shall also give the Agent irrevocable written notice in the same form of any payment by it of any Advance (whether resulting from repayment, prepayment, rollover or conversion). (b) Notice for B/As or LIBOR Base Rate Advances shall be given not later than one Banking Day before the Advance Date. Notices for SOFR Advances shall be given not later than the third Banking Day before the Advance Date or date of payment. Notice for an Advance by way of L/C shall be given not later than the third Banking Day before the Advance Date or at such earlier time as the relevant Issuing Bank may reasonably require so that it has sufficient time to review the proposed form of L/C. In the case of the notice for an L/C, such notice shall, inter alia, stipulate which Issuing Bank shall be the issuing bank. Notice for a Prime Rate Advance or Base Rate Advance shall be given on or before the Banking Day before the Advance Date or date of payment. (c) Notices shall be given not later than 10:00 a.m. on the date for notice. Payments (except those being made solely from the proceeds of rollovers and conversions) must be made before 11:00 a.m. on the date for payment. If a notice or payment is not given or made by those times, it shall be deemed to have been given or made on the next Banking Day, unless all Lenders affected by the late notice or payment agree, in their sole discretion, to accept a notice or payment at a later time as being effective on the date it is given or made.

Appears in 1 contract

Samples: Credit Agreement (Hudbay Minerals Inc.)

Notice of Advances and Payments. (a) The Borrowers Borrower shall give the Agent irrevocable written notice, in the form attached as Schedule 6.5(a), of any request for any Advance to them. The Borrowers Borrower shall also give the Agent irrevocable written notice in the same form of any payment by it of any Advance (whether resulting from repayment, prepayment, rollover or conversion). (b) Notice for B/As Prime Rate Advances or LIBOR Base Rate Advances shall be given not later than one Banking Day before the Advance Date. Notices for CORRA Advances or SOFR Advances shall be given not later than the third Banking Day before the Advance Date or date of payment. Notice for an Advance by way of L/C shall be given not later than the third Banking Day before the Advance Date or at such earlier time as the relevant Issuing Bank may reasonably require so that it has sufficient time to review the proposed form of L/C. In the case of the notice for an L/C, such notice shall, inter alia, stipulate which Issuing Bank shall be the issuing bank. Notice for a Prime Rate Advance or Base Rate Advance shall be given on or before the Banking Day before the Advance Date or date of payment. (c) Notices shall be given not later than 10:00 a.m. on the date for notice. Payments (except those being made solely from the proceeds of rollovers and conversions) must be made before 11:00 a.m. on the date for payment. If a notice or payment is not given or made by those times, it shall be deemed to have been given or made on the next Banking Day, unless all Lenders affected by the late notice or payment agree, in their sole discretion, to accept a notice or payment at a later time as being effective on the date it is given or made.

Appears in 1 contract

Samples: Credit Agreement (Hudbay Minerals Inc.)

Notice of Advances and Payments. (a) The Borrowers Borrower shall give the Agent irrevocable written notice, in the form attached as Schedule 6.5(a), of any request for any Advance to them. The Borrowers Borrower shall also give the Agent irrevocable written notice in the same form of any payment by it of any Advance (whether resulting from repayment, prepayment, rollover or conversion). (b) Notice for Prime Rate Advances or Base Rate Advances shall be given not later than one Banking Day before the Advance Date. Notices for B/As or LIBOR SOFR Advances shall be given not later than the third Banking Day before the Advance Date or date of payment. Notice for an Advance by way of L/C shall be given not later than the third Banking Day before the Advance Date or at such earlier time as the relevant Issuing Bank may reasonably require so that it has sufficient time to review the proposed form of L/C. In the case of the notice for an L/C, such notice shall, inter alia, stipulate which Issuing Bank shall be the issuing bank. Notice for a Prime Rate Advance or Base Rate Advance shall be given on or before the Banking Day before the Advance Date or date of payment. (c) Notices shall be given not later than 10:00 a.m. on the date for notice. Payments (except those being made solely from the proceeds of rollovers and conversions) must be made before 11:00 a.m. on the date for payment. If a notice or payment is not given or made by those times, it shall be deemed to have been given or made on the next Banking Day, unless all Lenders affected by the late notice or payment agree, in their sole discretion, to accept a notice or payment at a later time as being effective on the date it is given or made.

Appears in 1 contract

Samples: Amending Agreement (Hudbay Minerals Inc.)

Notice of Advances and Payments. (a) The Borrowers Borrower shall give the Agent irrevocable written notice, in the form attached as Schedule 6.5(a), of any request for any Advance to them. The Borrowers Borrower shall also give the Agent irrevocable written notice in the same form of any payment by it of any Advance (whether resulting from repayment, prepayment, rollover or conversion). (b) Notice for B/As or Base Rate Advances shall be given not later than one Banking Day before the Advance Date. Notices for LIBOR SOFR Advances shall be given not later than the third Banking Day before the Advance Date or date of payment. Notice for an Advance by way of L/C shall be given not later than the third Banking Day before the Advance Date or at such earlier time as the relevant Issuing Bank may reasonably require so that it has sufficient time to review the proposed form of L/C. In the case of the notice for an L/C, such notice shall, inter alia, stipulate which Issuing Bank shall be the issuing bank. Notice for a Prime Rate Advance or Base Rate Advance shall be given on or before the Banking Day before the Advance Date or date of payment. (c) Notices shall be given not later than 10:00 a.m. on the date for notice. Payments (except those being made solely from the proceeds of rollovers and conversions) must be made before 11:00 a.m. on the date for payment. If a notice or payment is not given or made by those times, it shall be deemed to have been given or made on the next Banking Day, unless all Lenders affected by the late notice or payment agree, in their sole discretion, to accept a notice or payment at a later time as being effective on the date it is given or made.

Appears in 1 contract

Samples: Amending Agreement (Hudbay Minerals Inc.)

Notice of Advances and Payments. (a) The Borrowers Borrower shall give the Agent irrevocable written notice, in the form attached as Schedule 6.5(a), of any request for any Advance to themit. The Borrowers Borrower shall also give the Agent irrevocable written notice in the same form of any payment by it of any Advance (whether resulting from repayment, prepayment, rollover or conversion). (b) Notice for B/As or for a Prime Rate Advance or Base Rate Advance shall be given not later than the first Banking Day before the Advance Date or date of payment. Notices for LIBOR Advances shall be given not later than the third Banking Day before the Advance Date or date of paymentDate. Notice for an Advance by way of L/C shall be given not later than the third Banking Day before the Advance Date or at such earlier time as the relevant Issuing Bank may reasonably require so that it has sufficient time to review the proposed form of L/C. In the case of the notice for an L/C, such notice shall, inter alia, stipulate which Issuing Bank shall be the issuing bank. Notice for a Prime Rate Advance or Base Rate Advance shall be given on or before the Banking Day before the Advance Date or date of payment.C. (c) Notices shall be given not later than 10:00 a.m. (Toronto time) on the date for notice. Payments (except those being made solely from the proceeds of rollovers and conversions) must be made before 11:00 a.m. a.m.(Toronto time) on the date for payment. If a notice or payment is not given or made by those times, it shall be deemed to have been given or made on the next Banking Day, unless all Lenders affected by the late notice or payment agree, in their sole discretion, to accept a notice or payment at a later time as being effective on the date it is given or made.

Appears in 1 contract

Samples: Credit Facility Agreement (Maverix Metals Inc.)

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