Common use of Outstanding Bankers’ Acceptances Clause in Contracts

Outstanding Bankers’ Acceptances. (a) The parties hereby acknowledge that, on the date hereof, Bankers' Acceptances under the Syndicated Facility having terms to maturity ending after the date hereof may be outstanding (the "Outstanding BAs"). Notwithstanding any provision of the Credit Agreement or this Agreement to the contrary, it is acknowledged and agreed by the parties hereto that all rights and interests of the Lenders in respect of, and any obligation of the Borrower to pay or reimburse the Lenders in respect of, the Outstanding BAs are solely a risk and for the account of the Lenders based upon their respective Rateable Portions under the Syndicated Facility as in effect prior to and without regard to the provisions of this Agreement. (b) Notwithstanding the foregoing, from time to time, as the Outstanding BAs mature and Rollovers and Conversions are made by the Borrower in respect thereof, each of the Lenders shall participate in the Loans effecting such Rollovers and Conversions to the full extent of its Syndicated Facility Commitment and Rateable Portion therein after giving effect to the provisions of this Agreement.

Appears in 1 contract

Samples: Consent and Second Amending Agreement (Hammerhead Energy Inc.)

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Outstanding Bankers’ Acceptances. (a) The parties hereby acknowledge that, on the date hereof, Bankers' Acceptances under the Syndicated Facility having terms to maturity ending after the date hereof may be are outstanding (the "Outstanding BAs"). Notwithstanding any provision of the Credit Agreement or this Agreement to the contrary, the New Lender shall not have any right, title, benefit or interest in or to any Outstanding BAs nor any obligation or liability to the other Lenders in respect thereof, it is being acknowledged and agreed by the parties hereto that all rights and interests of the Lenders in respect of, and any obligation of the Borrower to pay or reimburse the Lenders in respect of, of the Outstanding BAs are is solely a risk and for the account of the initial Lenders based upon their respective Rateable Portions under the Syndicated Facility Commitments as in effect prior to and without regard to the provisions of this Agreement. (b) Notwithstanding the foregoing, from time to time, as the Outstanding BAs mature and Rollovers and Conversions are made by the Borrower in respect thereof, each of the Lenders shall participate in the Loans effecting such Rollovers and Conversions to the full extent of its Syndicated Facility Commitment and Rateable Portion therein after giving effect to the provisions of this Agreement.

Appears in 1 contract

Samples: Loan Agreement (Baytex Energy Trust)

Outstanding Bankers’ Acceptances. (a) The parties hereby acknowledge that, on the date hereof, Bankers' Acceptances under the Syndicated Facility having terms to maturity ending after the date hereof may be are outstanding (the "Outstanding BAs"). Notwithstanding any provision of the Credit Agreement or this Agreement to the contrary, it It is acknowledged and agreed by the parties hereto that all rights and interests of the Lenders in respect of, and any obligation of the Borrower to pay or reimburse the Lenders in respect of, the Outstanding BAs are solely a risk and for the account of the Lenders based upon their respective Rateable Portions under the Syndicated Facility as in effect prior to and without regard to the provisions of this Agreement. (b) Notwithstanding the foregoing, from time to time, as the Outstanding BAs mature and Rollovers and Conversions are made by the Borrower in respect thereof, each of the Lenders shall participate in the Loans effecting such Rollovers and Conversions to the full extent of its Syndicated Facility Commitment and Rateable Portion therein after giving effect to the provisions of this Agreement.

Appears in 1 contract

Samples: Amending Agreement (Baytex Energy Corp.)

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Outstanding Bankers’ Acceptances. (a) The parties hereby acknowledge that, on the date hereof, Bankers' Acceptances under the Syndicated Facility having terms to maturity ending after the date hereof may be outstanding (the "Outstanding BAs"). Notwithstanding any provision of the Credit Agreement or this Agreement to the contrary, it is acknowledged and agreed by the parties hereto that all rights and interests of the Lenders in respect of, and any obligation of the Borrower to pay or reimburse the Lenders in respect of, the Outstanding BAs are solely a risk and for the account of the Lenders based upon their respective Rateable Portions under the Syndicated Facility as in effect prior to and without regard to the provisions of this Agreement. (b) Notwithstanding the foregoing, from time to time, as the Outstanding BAs mature and Rollovers and Conversions are made by the Borrower in respect thereof, each of the Lenders shall participate in the Loans effecting such Rollovers and Conversions to the full extent of its Syndicated Facility Commitment and Rateable Portion therein after giving effect to the provisions of this Agreement.

Appears in 1 contract

Samples: Consent and Second Amending Agreement (Hammerhead Energy Inc.)

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