Common use of Notice of Advances and Payments Clause in Contracts

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 (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, as applicable, Cdn. $1,000,000 or U.S. $1,000,000 or the aggregate amount of the Advances outstanding, whichever is less. (2) Notice in respect of a LIBOR Advance or payment thereof shall be given on the third Business Day prior to the date of any LIBOR Advance or payment, notice shall be given in respect of an Advance by way of L/C at such time prior to the date of any Advance by way of L/C as the 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 and notice in respect of a Prime Rate Advance, Base Rate Advance or Advance by way of Banker's Acceptance or payment thereof may be given on the Business Day before any such Advance 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.

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 Credit (other than for any Advance excluding Advances under the Swingline AvailabilityCredit which are made in accordance with Section 9.6(2)). The Borrower shall also give the Agent irrevocable written notice in the same form of any payment by it of any Advance under the Credits (whether resulting from a repayment, prepayment, rollover or conversion conversion), other than payment of any an Advance under the Credit and each such payment shall be Swingline Credit, which for an amount greater certainty, requires no less than, as applicable, Cdn. $1,000,000 or U.S. $1,000,000 or the aggregate amount of the Advances outstanding, whichever is lessrepayment notice. (2) Notice To request an Advance under the Swingline Credit, the Borrower shall notify the Agent of such request by telephone (to be confirmed in respect writing), not later than 11:00a.m., on the day of a LIBOR Advance or payment thereof shall be given on the third Business Day prior to the date of any LIBOR Advance or payment, proposed Advance. Each such notice shall be given in respect irrevocable and shall specify the requested date, which shall be a Banking Day, and amount of an the requested Advance. The Agent shall promptly advise the Swingline Lender of any such notice received from the Borrower. The Swingline Lender shall make each Advance by way of L/C at such time prior available to the Borrower by means of a credit to the disbursement account of the Borrower with the Swingline Lender by 3:00 p.m., on the requested date of any Advance by way of L/C as such Advance. Advances under the Issuing Bank may reasonably require (but not less than three Business Days) so that it has sufficient time Swingline Credit shall bear interest at a rate per annum equal to review the proposed form of L/C and notice in respect of rate applicable to a Prime Rate Advance, Advance (if in Canadian Dollars) or at a rate per annum equal to the rate applicable to a Base Rate Advance or Advance by way of Banker's Acceptance or payment thereof (if in US Dollars). Interest shall be payable on such dates, not more frequent than monthly, as may be given specified by the Swingline Lender and in any event on the Business Day before any such Advance or payment. Any permanent reduction earlier 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 Maturity Date and the date for notice. Payments (other than those being made solely from that 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.Credits are terminated pursuant to

Notice of Advances and Payments. (1a) The Borrower Except as set out in Section 6.6(b), the Borrowers shall give the Agent irrevocable written notice, in the form of attached as Schedule A6.6(a), of any request for any Advance to it under the Credit (other than for any Advance under the Swingline Availability)them. The Borrower Borrowers 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, as applicable, Cdn. $1,000,000 or U.S. $1,000,000 or the aggregate amount of the Advances outstanding, whichever is lessconversion). (2b) Notice Each Swingline Advance may (i) be made on the same day’s telephone request made on or before 10:00 a.m. (Toronto time) on such day and in such amount, as requested by either Borrower to the Swingline Lender, providing the same information to the Swingline Lender (and in such confirmation) as would be contained in a notice referred to in Section 6.6(a) (which shall be deemed to have been so provided); or (ii) shall be made by the Swingline Lender, without notice from or to either of the Borrowers, in respect of a any overdraft in any one or more of the Borrowers’ accounts with the Swingline Lender by deposit to such account of an amount equal to such overdraft. (c) Notice for B/As or LIBOR Advance or payment thereof Advances shall be given on not later than the third Business Banking Day prior to before the Advance Date or date of any LIBOR Advance or payment, notice shall be given in respect of . 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 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 and C. In the case of the notice in respect of for an L/C, such notice shall, inter alia, stipulate which Issuing Bank shall be the issuing bank. Notice for a Prime Rate Advance, Advance or Base Rate Advance or Advance by way of Banker's Acceptance or payment thereof may shall be given on or before the Business Banking Day before any such the Advance Date or date of payment. Any permanent reduction of the Credit shall only be effective on three Business Days notice as required by Section 5.4. (3d) 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 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.

Notice of Advances and Payments. (1) 5.6.1 The applicable Borrower shall give the Agent irrevocable written notice, in the form of attached as Schedule AE, of any request for any Advance to it under the Credit (other than for any Advance under the Swingline Availability)Credit. The applicable 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 thanCredit. The Borrowers may give notice in a form other than Schedule E if authorized by the Agent from time to time, as applicable, Cdn. $1,000,000 or U.S. $1,000,000 or the aggregate amount including using BNS’s Trade Express program in connection with Advances by way of the Advances outstanding, whichever is lesscommercial letters of credit. (2) 5.6.2 Notice in respect of a LIBOR Advance or payment thereof shall be given on the third Business Banking Day prior to before the date of any LIBOR Advance or payment, except that (i) notice shall be given in respect of an Advance by way of L/C at such earlier time prior to the date of any Advance by way of L/C as the 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 and C, (ii) notice in respect of a Prime Rate Advance, Base Rate Advance or payment thereof may be given on the Banking Day before any such Advance by way or payment and in respect of Banker's a Bankers’ Acceptance or payment thereof may be given on the Business 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 the fifth Banking Day before the date of any such Advance in accordance with Section 5.2.1. Any (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, (v) notice in respect of a LIBOR Advance in Swiss Francs shall be given on the fifth Banking Day before the date of any such Advance; and (viand (v) any permanent reduction of the Credit shall only be effective on three Business Days Banking Days’ notice as required by Section 5.45.7.2. (3) 5.6.3 Notices shall be given not later than 11:00 a.m. (Toronto time) 12:00 noon 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) before 3:00 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.

Notice of Advances and Payments. (1) 5.6.1 The applicable Borrower shall give the Agent irrevocable written notice, in the form of attached as Schedule AE, of any request for any Advance to it under the Credit (other than for any Advance under the Swingline Availability)Credit. The applicable 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 thanCredit. The Borrowers may give notice in a form other than Schedule E if authorized by the Agent from time to time, as applicable, Cdn. $1,000,000 or U.S. $1,000,000 or the aggregate amount including using BNS’s Trade Express program in connection with Advances by way of the Advances outstanding, whichever is lesscommercial letters of credit. (2) 5.6.2 Notice in respect of a LIBOR Advance or payment thereof shall be given on the third Business Banking Day prior to before the date of any LIBOR Advance or payment, except that (i) notice shall be given in respect of an Advance by way of L/C at such earlier time prior to the date of any Advance by way of L/C as the 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 and C, (ii) notice in respect of a Prime Rate Advance, Base Rate Advance or payment thereof may be given on the Banking Day before any such Advance by way or payment and in respect of Banker's a Bankers’ Acceptance or payment thereof may be given on the Business 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 the fifth Banking Day before the date of any such Advance in accordance with Section 5.2.1. Any (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, (v) notice in respect of a LIBOR Advance in Swiss Francs shall be given on the fifth Banking Day before the date of any such Advance; and (vi) any permanent reduction of the Credit shall only be effective on three Business Days Banking Days’ notice as required by Section 5.45.7.2. (3) 5.6.3 Notices shall be given not later than 11:00 a.m. (Toronto time) 12:00 noon 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) before 3:00 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.