Common use of Outstanding Bankers’ Acceptances Clause in Contracts

Outstanding Bankers’ Acceptances. (a) The parties hereby acknowledge that, on the date hereof, Bankers’ Acceptances and BA Equivalent Advances 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, each of the New Lenders and the Lenders which are increasing their respective Commitments shall not (but in the case of the Lenders increasing their respective Commitments only with respect to the increased amounts of their respective Commitments) 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 being acknowledged and agreed by the parties hereto that any obligation of the Borrower to pay or reimburse the Lenders in respect of the Outstanding BAs is solely a risk and for the account of the initial Lenders based upon their respective 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 revised or new, as applicable, Commitment after giving effect to the provisions of this Agreement.

Appears in 1 contract

Samples: First Amending Agreement (Potash Corp of Saskatchewan Inc)

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Outstanding Bankers’ Acceptances. (a) The parties hereby acknowledge that, on the date hereof, Bankers’ Acceptances and BA Equivalent Advances 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, each of the New Lenders Lender and the Lenders Lender which are is increasing their respective Commitments its Commitment shall not (but in the case of the Lenders Lender increasing their respective Commitments its Commitment only with respect to the increased amounts amount of their respective Commitmentsits Commitment) 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 being acknowledged and agreed by the parties hereto that any obligation of the Borrower to pay or reimburse the Lenders in respect of the Outstanding BAs is solely a risk and for the account of the initial Lenders based upon their respective 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 revised or new, as applicable, Commitment after giving effect to the provisions of this Agreement.

Appears in 1 contract

Samples: First Amending Agreement (Potash Corp of Saskatchewan Inc)

Outstanding Bankers’ Acceptances. (a) The parties hereby acknowledge that, on the date hereof, Bankers' Acceptances and BA Equivalent Advances 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, each of the New Lenders and the Lenders which are increasing their respective Commitments Lender shall not (but in the case of the Lenders increasing their respective Commitments only not, with respect to the increased amounts of their respective Syndicated Facility Commitments) , 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 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 is are solely a risk and for the account of the initial Lenders based upon their respective Commitments Rateable Portions 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 revised or new, as applicable, Syndicated Facility Commitment and Rateable Portion therein after giving effect to the provisions of this Agreement.

Appears in 1 contract

Samples: Third Amending Agreement (Baytex Energy Corp.)

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Outstanding Bankers’ Acceptances. (a) The parties hereby acknowledge that, on the date hereof, Bankers' Acceptances and BA Equivalent Advances 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, each of the New Lenders and the Lenders which who are increasing their respective Syndicated Facility Commitments shall not (but in the case of the Lenders increasing their respective Syndicated Facility Commitments only with respect to the increased amounts amount of their respective Syndicated Facility Commitments) 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 being acknowledged and agreed by the parties hereto that any obligation of the Borrower to pay or reimburse the Lenders in respect of the Outstanding BAs is solely a risk and for the account of the initial Lenders based upon their respective Commitments Rateable Portions 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 revised or new, as applicable, Syndicated Facility Commitment and Rateable Portion therein after giving effect to the provisions of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Baytex Energy Corp.)

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