Common use of OUTSTANDING LIBOR LOANS AND ASSIGNOR BAs Clause in Contracts

OUTSTANDING LIBOR LOANS AND ASSIGNOR BAs. (a) The parties hereby acknowledge that, on the date hereof, Libor Loans and Bankers’ Acceptances accepted by the Assignor and each having terms to maturity ending on or after the date hereof may be outstanding (collectively, the “Outstanding Libor Loans and Assignor BAs”). Notwithstanding any provision of the Credit Agreement or this Agreement, the Assignee shall have no right, title, benefit or interest in or to any Outstanding Libor Loans and Assignor BAs. The Assignee shall assume no liability or obligation to the Assignor in respect of such Outstanding Libor Loans and Assignor BAs, including in respect of the failure of the Borrower to reimburse the Assignor for any such Bankers’ Acceptances accepted by the Assignor on the maturity thereof or any fees or other amounts due in respect thereof. (b) From time to time, as the Outstanding Libor Loans and Assignor BAs mature and Rollovers and Conversions are made by the Borrower in respect thereof, the Assignee shall participate in the Loans effecting such Rollovers and Conversions to the full extent of its Assigned Commitment in its capacity as a Lender.

Appears in 5 contracts

Samples: Credit Agreement (Enbridge Inc), Credit Agreement (Enbridge Inc), Credit Agreement (Potash Corp of Saskatchewan Inc)

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OUTSTANDING LIBOR LOANS AND ASSIGNOR BAs. (a) The parties hereby acknowledge that, on the date hereof, Libor Loans [and Bankers’ Acceptances ' Acceptances] accepted by the Assignor and each having terms to maturity ending on or after the date hereof may be outstanding (collectively, the "Outstanding Libor Loans [and Assignor BAs]"). Notwithstanding any provision of the Credit Agreement or this Agreement, the Assignee shall have no right, title, benefit or interest in or to any Outstanding Libor Loans [and Assignor BAs]. The Assignee shall assume no liability or obligation to the Assignor in respect of such Outstanding Libor Loans [and Assignor BAs, including in respect of the failure of the Canadian Borrower to reimburse the Assignor for any such Bankers' Acceptances accepted by the Assignor on the maturity thereof or any fees or other amounts due in respect thereof]. (b) From time to time, as the Outstanding Libor Loans [and Assignor BAs BAs] mature and Rollovers and Conversions are made by the [Canadian Borrower OR U.S. Borrower] in respect thereof, the Assignee shall participate in the Loans effecting such Rollovers and Conversions to the full extent of its Assigned Commitment in its capacity as a Lender.

Appears in 1 contract

Samples: Credit Agreement (Baytex Energy Corp.)

OUTSTANDING LIBOR LOANS AND ASSIGNOR BAs. (a) The parties hereby acknowledge that, on the date hereof, Libor Loans and Bankers’ Acceptances accepted by the Assignor and each having terms to maturity ending on or after the date hereof may be outstanding (collectively, the “Outstanding Libor Loans Loans” and “Outstanding Assignor BAs”, respectively). Notwithstanding any provision of the Credit Agreement or this Agreement, the Assignee shall have no right, title, benefit or interest in or to any Outstanding Libor Loans and Outstanding Assignor BAs. The Assignee shall assume no liability or obligation to the Assignor in respect of such Outstanding Libor Loans and Assignor BAs, including in respect of the failure of the Borrower to reimburse the Assignor for any such Bankers’ Acceptances accepted by the Assignor on the maturity thereof or any fees or other amounts due in respect thereof. (b) From time to time, as the Outstanding Libor Loans and Outstanding Assignor BAs mature and Rollovers and Conversions are made by the Borrower in respect thereof, the Assignee shall participate in the Loans effecting such Rollovers and Conversions to the full extent of its Assigned Commitment in its capacity as a Lender.

Appears in 1 contract

Samples: Credit Agreement (Trident Resources Corp)

OUTSTANDING LIBOR LOANS AND ASSIGNOR BAs. (a) The parties hereby acknowledge that, on the date hereof, Libor Loans and Bankers’ Acceptances accepted by the Assignor and each having terms to maturity ending on or after the date hereof may be outstanding (collectively, the “Outstanding Libor Loans and Assignor BAs”). Notwithstanding any provision of the Credit Agreement or this Agreement, the Assignee shall have no right, title, benefit or interest in or to any Outstanding Libor Loans and Assignor BAs. The Assignee shall assume no liability or obligation to the Assignor in respect of such Outstanding Libor Loans and Assignor BAs, including in respect of the failure of the Borrower to reimburse the Assignor for any such Bankers’ Acceptances accepted by the Assignor on the maturity thereof or any fees or other amounts due in respect thereof. (b) From time to time, as the Outstanding Libor Loans and Assignor BAs mature and Rollovers and Conversions are made by the Borrower in respect thereof, the Assignee shall participate in the Loans effecting such Rollovers and Conversions to the full extent of its Assigned Commitment in its capacity as a Lender.

Appears in 1 contract

Samples: Lender Assignment Agreement (Baytex Energy Trust)

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OUTSTANDING LIBOR LOANS AND ASSIGNOR BAs. (a) The parties hereby acknowledge that, on the date hereof, Libor Loans and Bankers’ Acceptances accepted by the Assignor and each having terms to maturity ending on or after the date hereof may be outstanding (collectively, the “Outstanding Libor Loans and Assignor BAs”). Notwithstanding any provision of the Credit Agreement or this Agreement, the Assignee shall have no right, title, benefit or interest in or to any Outstanding Libor Loans and Assignor BAs. The Assignee shall assume no liability or obligation to the Assignor in respect of such Outstanding Libor Loans and Assignor BAs, including in respect of the failure of the Borrower to reimburse the Assignor for any such Bankers’ Acceptances accepted by the Assignor on the maturity thereof or any fees or other amounts due in respect thereof. (b) From time to time, as the Outstanding Libor Loans and Assignor BAs mature and Rollovers and Conversions are made by the Borrower in respect ·thereof, the Assignee shall participate in the Loans effecting such Rollovers and Conversions to the full extent of its Assigned Commitment in its capacity as a Lender.

Appears in 1 contract

Samples: Credit Agreement (Enbridge Inc)

OUTSTANDING LIBOR LOANS AND ASSIGNOR BAs. (a) The parties hereby acknowledge that, on the date hereof, Libor Loans [and Bankers’ Acceptances ' Acceptances] accepted by the Assignor and each having terms to maturity ending on or after the date hereof may be outstanding (collectively, the "Outstanding Libor Loans [and Assignor BAs]"). Notwithstanding any provision of the Credit Agreement or this Agreement, the Assignee shall have no right, title, benefit or interest in or to any Outstanding Libor Loans [and Assignor BAs]. The Assignee shall assume no liability or obligation to the Assignor in respect of such Outstanding Libor Loans [and Assignor BAs, including in respect of the failure of the Canadian Borrower to reimburse the Assignor for any such Bankers' Acceptances accepted by the Assignor on the maturity thereof or any fees or other amounts due in respect thereof]. (b) From time to time, as the Outstanding Libor Loans [and Assignor BAs BAs] mature and Rollovers and Conversions are made by the [Canadian Borrower OR U.S. Borrower] in respect thereof, the Assignee shall participate in the Loans effecting such Rollovers and Conversions to the full extent of its Assigned Commitment Commitment[s] in its capacity as a Lender.

Appears in 1 contract

Samples: Credit Agreement (Baytex Energy Corp.)

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