Notice of Advances and Payments. (1) The Borrower shall give the Agent irrevocable written notice, in the form of Schedule A, of any request for any Advance to it under the Credit. The Borrower shall also give the Agent irrevocable written notice in the same form of any payment by it (whether resulting from a repayment, prepayment, rollover or conversion of any Advance under the Credit) and each such payment shall be for an amount no less than Cdn. $5,000,000 or the aggregate amount of the Advances outstanding, whichever is less. (2) Notice in respect of a Prime Rate Advance or payment thereof shall be given on the Business Day prior to any such Advance or payment. Notices in respect of Advances by way of Banker’s Acceptance shall be given two Business Days prior to any such Advance. Any permanent reduction of the Credit shall only be effective on three Business Days notice as required by Section 5.4. (3) Notices shall be given not later than 11:00 a.m. (Toronto time) on the date for notice. Payments (other than those being made solely from the proceeds of rollovers and conversions) must be made 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 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: Restricted Stock Unit Award Agreement, Credit Agreement (Waste Management Inc)
Notice of Advances and Payments. (1) The Each Borrower shall give the Agent irrevocable written notice, in the form of Schedule A, of any request for any Advance to it under the Creditapplicable Credit (other than for any Advance under the Swingline Availability). The Each Borrower shall also give the Agent irrevocable written notice in the same form of any payment by it (whether resulting from a repayment, prepayment, rollover or conversion of any Advance under the a Credit) and each such payment shall be for an amount no less than than, as applicable, Cdn. $5,000,000 or U.S. $5,000,000 or the aggregate amount of the Advances outstanding, whichever is less.
(2) Notice in respect of a Prime Rate LIBOR Advance or payment thereof shall be given on the third Business Day prior to the date of any such LIBOR Advance or payment. Notice in respect of an Advance by way of Banker’s Acceptance or payment thereof shall be given two Business Days before any such Advance or payment. Notices in respect of Advances by way of Banker’s Acceptance shall be given two Business Days prior to any such Advance. Any permanent reduction of the a Credit shall only be effective on three Business Days notice as required by Section 5.46.4.
(3) Notices shall be given not later than 11:00 a.m. (Toronto time) on the date for notice. Payments (other than those being made solely from the proceeds of rollovers and conversions) must be made 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 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 (Convergys Corp)
Notice of Advances and Payments. (1) The Borrower shall give the Agent irrevocable written notice, in the form of Schedule A, of any request for any Advance to it under the CreditCredit (other than for any Advance under the Swingline Availability). The Borrower shall also give the Agent irrevocable written notice in the same form of any payment by it (whether resulting from a repayment, prepayment, rollover or conversion of any Advance under the Credit) and each such payment shall be for an amount no less than than, as applicable, Cdn. $5,000,000 or U.S. $5,000,000 or the aggregate amount of the Advances outstanding, whichever is less.
(2) Notice in respect of a Prime Rate LIBOR Advance or payment thereof shall be given on the third Business Day prior to the date of any such LIBOR Advance or payment. Notices Notice in respect of Advances an Advance by way of Banker’s Acceptance or payment thereof shall be given two Business Days prior to before any such AdvanceAdvance or payment. Any permanent reduction of the Credit shall only be effective on three Business Days notice as required by Section 5.4.
(3) Notices shall be given not later than 11:00 a.m. (Toronto time) on the date for notice. Payments (other than those being made solely from the proceeds of rollovers and conversions) must be made 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 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 (Convergys Corp)
Notice of Advances and Payments. (1) The Borrower shall give the Agent irrevocable written notice, in the form of attached as Schedule AD, of any request for any Advance to it under the Creditit. The 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 of any Advance under the Credit) and each such payment shall be for an amount no less than Cdn. $5,000,000 or the aggregate amount of the Advances outstanding, whichever is lessconversion).
(2) Notice in respect for B/As or LIBOR Advances shall be given not later than the third 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 Business Day before the Advance Date or at such earlier time as Issuing Bank may reasonably require so that it has sufficient time to review the proposed form of L/C. Notice for a Prime Rate Advance or payment thereof Base Rate Advance shall be given on or before the Business Day prior to any such before the Advance Date or date of payment. Notices in respect of Advances by way of Banker’s Acceptance shall be given two Business Days prior to any such Advance. Any permanent reduction of the Credit shall only be effective on three Business Days notice as required by Section 5.4.
(3) Notices shall be given not later than 11:00 10:00 a.m. (Toronto time) on the date for notice. Payments (other than except those being made solely from the proceeds of rollovers and conversions) must be made prior to before 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 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
Notice of Advances and Payments. (1) The A Borrower shall give the Agent irrevocable written notice, in the form of Schedule Aattached as SCHEDULE A to this Agreement, of any request for any Advance to it under the CreditCredits. The A Borrower shall also give the Agent irrevocable written notice in the same form of any payment by it (whether resulting from a repayment, repayment or prepayment), rollover or conversion by it of any Advance under the Credit) and each such payment Credits. Notice shall be for given on the third Business Day prior to the date of any Advance, payment, rollover or conversion, except that notice shall be given in respect of an amount no less than Cdn. $5,000,000 or Advance by way of L/C at such earlier time as the aggregate amount Issuing Bank may reasonably require so that it has sufficient time to review the proposed form of the Advances outstandingL/C, whichever is less.
(2) Notice and except that notice in respect of a Prime Rate Advance, Base Rate Advance or payment thereof shall may be given on the Business Day prior to before any such Advance or payment. Notices in respect of Advances by way of Banker’s Acceptance shall be given two Business Days prior to any such Advance. Any permanent reduction of the any Credit shall only be effective on three Business Days Days' notice as required by Section 5.4.
(3) 8.7. Notices shall be given not later than 11:00 a.m. 1:00 p.m. (Toronto timelocal time in the relevant office of the Agent) on the date for notice. Payments (other than those being made solely from the proceeds of rollovers and conversions) must be made prior to 11:00 a.m. 1:00 p.m. (Toronto timelocal time in the relevant office of the Agent) 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 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
Notice of Advances and Payments. (1) The Borrower shall give the Agent irrevocable written notice, in the form of attached as Schedule AD, of any request for any Advance to it under the Creditit. The 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 of any Advance under the Credit) and each such payment shall be for an amount no less than Cdn. $5,000,000 or the aggregate amount of the Advances outstanding, whichever is lessconversion).
(2) Notice in respect for B/As or SOFR Advances shall be given not later than the third 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 Business Day before the Advance Date or at such earlier time as Issuing Bank may reasonably require so that it has sufficient time to review the proposed form of L/C. Notice for a Prime Rate Advance or payment thereof Base Rate Advance shall be given on or before the Business Day prior to any such before the Advance Date or date of payment. Notices in respect of Advances by way of Banker’s Acceptance shall be given two Business Days prior to any such Advance. Any permanent reduction of the Credit shall only be effective on three Business Days notice as required by Section 5.4.
(3) Notices shall be given not later than 11:00 10:00 a.m. (Toronto time) on the date for notice. Payments (other than except those being made solely from the proceeds of rollovers and conversions) must be made prior to before 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 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 (Iamgold Corp)
Notice of Advances and Payments. (1) The Borrower shall give the Agent Lender irrevocable written notice, in the form of Schedule Aattached as Error! Reference source not found. to this Agreement, of any request for any Advance to it under the Credit. The Borrower shall also give the Agent Lender irrevocable written notice in the same form of any payment by it (whether resulting from a repayment, prepayment, rollover or conversion conversion) of any Advance under the Credit) and each such payment shall be for an amount no less than Cdn. $5,000,000 or the aggregate amount of the Advances outstanding, whichever is less.
(2) Notice in respect of a Prime Rate Advance or payment thereof shall be given on the third Business Day prior to before the date of any such Advance or payment. Notices , except that notice shall be given in respect of Advances a Silver Advance on the 14th day before the date of the Advance and notice shall be given in respect of an Advance by way of Banker’s Acceptance shall be given two Business Days prior L/C at such time as the Lender may reasonably require so that it has sufficient time to any such Advance. Any permanent reduction review the proposed form of the Credit shall only be effective on three Business Days notice as required by Section 5.4.
(3) L/C. Notices shall be given not later than 11:00 a.m. (Toronto time) on the date for notice. Payments (other than those being made solely from the proceeds of rollovers and conversions) must be made prior to before 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 Business Day, unless all Lenders affected by the late notice or payment agreeLender agrees, 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.
Appears in 1 contract
Samples: Credit Agreement (Glamis Gold LTD)
Notice of Advances and Payments. (1) The Borrower shall give the Agent irrevocable written notice, in the form of attached as Schedule AJ, of any request for any Advance to it under the Creditit. The 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 of any Advance under the Credit) and each such payment shall be for an amount no less than Cdn. $5,000,000 or the aggregate amount of the Advances outstanding, whichever is lessconversion).
(2) Notice in respect 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 Issuing Bank may reasonably require so that it has sufficient time to review the proposed form of L/C. Notice for a Prime Rate Advance or payment thereof Base Rate Advance shall be given on or before the Business Banking Day prior to any such before the Advance Date or date of payment. Notices in respect of Advances by way of Banker’s Acceptance shall be given two Business Days prior to any such Advance. Any permanent reduction of the Credit shall only be effective on three Business Days notice as required by Section 5.4.
(3) Notices shall be given not later than 11:00 a.m. (Toronto time) on the date for notice. Payments (other than except those being made solely from the proceeds of rollovers and conversions) must be made prior to 11:00 a.m. (Toronto time) before 1:00 p.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 Business 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
Notice of Advances and Payments. (1) The Borrower shall give the Agent irrevocable written notice, in the form of attached as Schedule AA to this Agreement, of any request for any Advance to it under the Credit. The Borrower shall also give the Agent irrevocable written notice in the same form of any payment by it (whether resulting from a repayment, prepayment, rollover or conversion conversion) of any Advance under the Credit) and each such . Notice in respect of a LIBOR Advance or payment thereof shall be for given on the third Business Day before the date of Advance or payment. Notice in respect of an amount no less than CdnAdvance by way of Bankers' Acceptance or payment thereof shall be given on the second Business Day before the date of Advance or payment. $5,000,000 or the aggregate amount of the Advances outstanding, whichever is less.
(2) Notice in respect of a Prime Rate Advance, Base Rate Advance or payment thereof shall be given on the Business Day prior to before any such Advance or payment. Notices in respect of Advances by way of Banker’s Acceptance shall be given two Business Days prior to any such Advance. Any permanent reduction of the Credit shall only be effective on three Business Days Days' notice as required by Section 5.4.
(3) 4.4. Notices shall be given not later than 11:00 a.m. 1:00 p.m. (Toronto time) on the date for notice. Payments (other than those being made solely from the proceeds of rollovers and conversions) must be made prior to 11:00 a.m. before 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 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: Bridge Credit Agreement (Rogers Communications Inc)
Notice of Advances and Payments. (1) The Borrower shall give the Agent irrevocable written notice, in the form of attached as Schedule AK, of any request for any Advance to it under the Creditit. The 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 of any Advance under the Credit) and each such payment shall be for an amount no less than Cdn. $5,000,000 or the aggregate amount of the Advances outstanding, whichever is lessconversion).
(2) Notice in respect 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 a Prime Rate Advance or payment thereof Base Rate Advance shall be given on or before the Business Banking Day prior to any such before the Advance Date or date of payment. Notices in respect of Advances by way of Banker’s Acceptance shall be given two Business Days prior to any such Advance. Any permanent reduction of the Credit shall only be effective on three Business Days notice as required by Section 5.4.
(3) Notices shall be given not later than 11:00 a.m. (Toronto time) on the date for notice. Payments (other than except those being made solely from the proceeds of rollovers and conversions) must be made prior to 11:00 a.m. (Toronto time) before 1 p.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 Business 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 (CRH Medical Corp)
Notice of Advances and Payments. (1) The Borrower shall give the Agent irrevocable written notice, in the form of attached as Schedule A6.4 to this Agreement, of any request for any Advance to it under the CreditCredits. The Borrower shall also give the Agent irrevocable written notice in the same form of any payment by it (whether resulting from a repayment, prepayment, rollover or conversion conversion) of any Advance under the Credit) and each such payment shall be for an amount no less than CdnCredits. $5,000,000 or the aggregate amount of the Advances outstanding, whichever is less.
(2) Notice in respect of a Prime Rate Advance or payment thereof shall be given on the Business Day prior to the date of any such Advance or payment. Notices Advance, except that notice shall be given in respect of Advances an Advance by way of Banker’s Acceptance shall be given L/C at such earlier time not exceeding two Business Days prior as CIBC may reasonably require so that it has sufficient time to any such Advance. Any permanent reduction review the proposed form of the Credit shall only be effective on three Business Days notice as required by Section 5.4.
(3) L/C. Notices shall be given not later than 11:00 a.m. 1:00 p.m. (Toronto Winnipeg time) on the date for notice. Payments (other than those being made solely from the proceeds of rollovers and conversions) must be made prior to 11:00 a.m. 1:00 p.m. (Toronto Winnipeg 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 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
Notice of Advances and Payments. (1) 4.3.1 The Borrower shall give the Agent irrevocable written notice, in the form of attached as Schedule A, of any request for any Advance to it under the any Credit. The Borrower shall also give the Agent irrevocable written notice in the same form of any payment by it (whether resulting from a repayment, prepayment, rollover or conversion conversion) of any Advance under the any Credit) and each such .
4.3.2 Notice in respect of a LIBOR Advance or payment thereof shall be for given on the third Business Day before the date of Advance or payment. Notice in respect of an amount no less than CdnAdvance by way of Bankers’ Acceptance or payment thereof shall be given on the second Business Day before the date of Advance or payment. $5,000,000 or the aggregate amount of the Advances outstanding, whichever is less.
(2) Notice in respect of a Prime Rate Advance, Base Rate Advance or payment thereof shall be given on the Business Day prior to before any such Advance or payment. Notices in respect of Advances by way of Banker’s Acceptance shall be given two Business Days prior to any such Advance. Any permanent reduction of the any Credit shall only be effective on three Business Days Days’ notice as required by Section 5.44.4.
(3) 4.3.3 Notices shall be given not later than 11:00 a.m. 1:00 p.m. (Toronto time) on the date for notice. Payments (other than those being made solely from the proceeds of rollovers and conversions) must be made prior to 11:00 a.m. before 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 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
Notice of Advances and Payments. (1) The Borrower shall give the Agent irrevocable written notice, in the form of Schedule Aattached as SCHEDULE D, of any request for any Advance to it under the Credit. The Borrower shall also give the Agent irrevocable written notice in the same form of any payment by it (whether resulting from a repayment, prepayment, rollover or conversion conversion) of any Advance under the Credit) and each such payment shall be for an amount no less than Cdn. $5,000,000 or the aggregate amount of the Advances outstanding, whichever is less.
(2) Notice shall be given on the third Banking Day before the date of any Advance or payment, except that notice shall be given in respect of an Advance by way of L/C at such earlier time as Issuing Bank may reasonably require so that it has sufficient time to review the proposed form of L/C, and except that notice in respect of a Prime Base Rate Advance or payment thereof shall may be given on the Business Banking Day prior to before any such Advance or payment. Notices in respect of Advances by way of Banker’s Acceptance shall be given two Business Days prior to any such Advance. Any permanent reduction of the Credit shall only be effective on three Business Days five Banking Days’ notice as required by Section 5.45.5(2).
(3) Notices shall be given not later than 11:00 10:00 a.m. (Toronto time) on the date for notice. Payments (other than those being made solely from the proceeds of rollovers and conversions) must be made prior to before 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 Business 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. (1) The A Borrower shall give the Agent irrevocable written notice, in the form of attached as Schedule AA to this Agreement, of any request for any Advance to it under the CreditCredits. The A Borrower shall also give the Agent irrevocable written notice in the same form of any payment by it (whether resulting from a repayment, repayment or prepayment), rollover or conversion by it of any Advance under the Credit) and each such payment Credits. Notice shall be for given on the third Business Day prior to the date of any Advance, payment, rollover or conversion, except that notice shall be given in respect of an amount no less than Cdn. $5,000,000 or Advance by way of L/C at such earlier time as the aggregate amount Issuing Bank may reasonably require so that it has sufficient time to review the proposed form of the Advances outstandingL/C, whichever is less.
(2) Notice and except that notice in respect of a Prime Rate Advance, Base Rate (US) Advance or payment thereof shall may be given on the Business Day prior to before any such Advance or payment. Notices in respect of Advances by way of Banker’s Acceptance shall be given two Business Days prior to any such Advance. Any permanent reduction of the any Credit shall only be effective on three Business Days Days' notice as required by Section 5.4.
(3) 8.7. Notices shall be given not later than 11:00 a.m. 1:00 p.m. (Toronto timelocal time in the relevant office of the Agent) on the date for notice. Payments (other than those being made solely from the proceeds of rollovers and conversions) must be made prior to 11:00 a.m. 1:00 p.m. (Toronto timelocal time in the relevant office of the Agent) 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 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
Notice of Advances and Payments. (1) The Borrower shall give the Agent Lender irrevocable written notice, in the form of attached as Schedule A, of any request for any Advance to it under the Credit. The Borrower shall also give the Agent Lender irrevocable written notice in the same form of any payment by it (whether resulting from a repayment, prepayment, renewal, rollover or conversion conversion) of any Advance under the Credit) and each such payment . Notice shall be for an amount given no less later than Cdn. $5,000,000 or the aggregate amount Business Day of the Advances outstanding, whichever is less.
(2) Notice in respect of a Advance for any Prime Rate Advance or payment thereof Base Rate Advance, the second Business Day before any Advance by way of Bankers’ Acceptances, the third Business Day before the date of any LIBOR Advance and, in respect of an Advance by way of L/C, at such time as the Lender may reasonably require so that it has sufficient time to review the proposed form of L/C. Notice shall be given on no later than the third Business Day prior to before any such Advance or paymentrepayment. Notices in respect of Advances by way of Banker’s Acceptance shall be given two Business Days prior to any such Advance. Any permanent reduction of the Credit shall only be effective on three Business Days notice as required by Section 5.4.
(3) Notices shall be given not later than 11:00 a.m. (Toronto time) on the date for notice. Payments (other than those being made solely from the proceeds of renewals, rollovers and conversions) must be made prior to before 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 Business Day, unless all Lenders affected by the late notice or payment agreeLender agrees, 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.
Appears in 1 contract