Common use of Payments of Amounts Drawn Clause in Contracts

Payments of Amounts Drawn. (1) On the Business Day of a drawing, the Documentary Credit Lender shall notify the Documentary Credit Borrower and the Administrative Agent of such drawing. Within one Business Day following the date of such drawing under a Documentary Credit, the applicable Documentary Credit Borrower shall pay to such Documentary Credit Lender an amount in same day funds equal to the amount so drawn in the currency in which such Documentary Credit is payable. (2) If the applicable Documentary Credit Borrower fails to pay to the applicable Documentary Credit Lender an amount, in same day funds, equal to the amount of such drawing, then (i) such Documentary Credit Lender shall so notify the Administrative Agent, (ii) such Borrower shall be deemed to have given a Borrowing Notice to the Administrative Agent, requesting an ABR Advance under the Revolving Credit Facility in an amount equal to the amount of such drawing (a “Documentary Credit Borrowing”); (iii) the Revolving Credit Lenders shall on the date of such drawing make such Advance, ratably under the Revolving Credit Facility; and (iv) the Administrative Agent shall pay the proceeds thereof to the applicable Documentary Credit Lender as reimbursement for the amount of such drawing. (3) With respect to ABR Advances made pursuant to Section 4.06(2), the interest rate and Applicable Margin for such advances shall be applied until such advances are repaid in full. (4) Each applicable Revolving Credit Lender shall be required to make the Advances referred to in Section 4.06(2) notwithstanding (i) the amount of the Advance may not comply with the minimum amount required for Borrowings hereunder; (ii) whether any conditions specified in Article 5 are then satisfied; (iii) whether a Default or Event of Default has occurred and is continuing; (iv) the date of such Advance; and (v) any reduction in or termination of the Revolving Credit Commitment.

Payments of Amounts Drawn. (1) On the Business Day of a drawing, the Documentary Credit Lender shall notify the Documentary Credit Borrower and the Administrative Agent of such drawing. Within one Business Day following the date of such any drawing under a Documentary Credit, the applicable Documentary Credit Borrower shall pay to such Documentary Credit the Swing Line Lender an amount in same day funds equal to the amount so drawn in the currency in which such the Documentary Credit is payable. (2) If the applicable Documentary Credit Borrower fails to pay to the applicable Documentary Credit Swing Line Lender an amount, in same day funds, equal to the amount of such drawing, then (i) such Documentary Credit the Swing Line Lender shall so notify the Administrative Agent, (ii) such Borrower shall be deemed to have given made a Borrowing Notice Swing Line Advance to the Administrative Agentapplicable Borrower (in Canadian Dollars, requesting an ABR Advance under in the Revolving case of a Documentary Credit Facility denominated in Canadian Dollars, and in US Dollars, in the case of a Documentary Credit denominated in U.S. Dollars) in an amount equal to the amount of such drawing (a “Documentary Credit Borrowing”); (iii) the Revolving Credit Lenders shall on the date of such drawing make such Advance, ratably under the Revolving Credit Facility; and (iv) the Administrative Agent shall pay the proceeds thereof to the applicable Documentary Credit Lender as reimbursement for the amount of such drawing. (3) With respect to ABR Swing Line Advances deemed to be made pursuant to Section 4.06(25.06(2), the applicable interest rate and Applicable Margin for such advances shall be applied until such advances are repaid in full. (4) All Swing Line Advances deemed made pursuant to Section 5.06(2) shall be refinanced, with other Swing Line Advances, by a Borrowing in accordance with Section 3.06(4). If for any reason any such deemed Swing Line Advance cannot be refinanced by a Borrowing as contemplated by Section 3.06(4), the provisions of Section 3.06(5) regarding participation by each Lender in such Swing Line Advance shall be applicable thereto. (5) Each applicable Revolving Credit Lender shall be required to make the Advances referred to in Section 4.06(25.06(4) notwithstanding (i) the amount of the Advance may not comply with the minimum amount required for Borrowings hereunder; (ii) whether any conditions specified in Article 5 6 are then satisfied; (iii) whether a Default or Event of Default has occurred and is continuing; (iv) the date of such Advance; and (v) any reduction in or termination the Aggregate Commitment; and (vi) whether the Aggregate Commitment has been, or, after the making of the Revolving Credit Commitmentsuch Advance, will be, exceeded.

Payments of Amounts Drawn. (1) On the Business Day of a drawing, the Documentary Credit Lender shall notify the Documentary Credit Borrower and the Administrative Agent of such drawing. Within one Business Day following the date of such any drawing under a Documentary Credit, the applicable Documentary Credit Borrower shall pay to such Documentary Credit Lender an amount in same day funds equal to the amount so drawn in the currency in which such Documentary Credit is payable. (2) If the applicable Documentary Credit Borrower fails to pay to the applicable Documentary Credit Lender an amount, in same day funds, equal to the amount of such drawing, then (i) such Documentary Credit Lender shall so notify the Administrative Agent, (ii) such Borrower shall be deemed to have given a Borrowing Notice to the Administrative Agent, requesting an Advance (in the case of a Documentary Credit denominated in U.S. Dollars and issued under the Canadian Revolving Credit Facility, a U.S. Base Rate Advance, in the case of a Documentary Credit denominated in U.S. Dollars and issued under the U.S. Revolving Credit Facility, an ABR Advance or, in the case of a Documentary Credit denominated in Canadian Dollars, a Canadian Prime Rate Advance) under the Canadian Revolving Credit Facility or the U.S. Revolving Credit Facility, as the case may be, in an amount equal to the amount of such drawing (a “Documentary Credit Borrowing”)drawing; (iiiii) the Canadian Revolving Credit Lenders shall on the date of such drawing make such Advance, ratably rateably under the Canadian Revolving Credit Facility; (iii) the U.S. Revolving Credit Lenders shall on the date of such drawing make such Advance, rateably under the U.S. Revolving Credit Facility; and (iv) the Administrative Agent shall pay the proceeds thereof to the applicable Documentary Credit Lender as reimbursement for the amount of such drawing. (3) With respect to ABR Advances, U.S. Base Rate Advances made and Canadian Prime Rate Advances issued pursuant to Section 4.06(25.06(2), the interest rate and Applicable Margin for such advances shall be applied until such advances are repaid in full. (4) Each applicable Revolving Credit Lender shall be required to make the Advances referred to in Section 4.06(25.06(2) notwithstanding (i) the amount of the Advance may not comply with the minimum amount required for Borrowings hereunder; (ii) whether any conditions specified in Article 5 6 are then satisfied; (iii) whether a Default or Event of Default has occurred and is continuing; (iv) the date of such Advance; and (v) any reduction in or termination either of the Canadian Revolving Credit Commitment or U.S. Revolving Credit Commitment; and (vi) whether the Canadian Revolving Credit Commitment or U.S. Revolving Credit Commitment have been, or, after the making of such Advance, will be, exceeded.

Payments of Amounts Drawn. (1) On the Business Day of a drawing, the Documentary Credit Lender shall notify the Documentary Credit Borrower and the Administrative Agent of such drawing. Within one Business Day following the date of such drawing under a Documentary Credit, the applicable Documentary Credit Borrower shall pay to such Documentary Credit Lender an amount in same day funds equal to the amount so drawn in the currency in which such Documentary Credit is payable. (2) If the applicable Documentary Credit Borrower fails to pay to the applicable Documentary Credit Lender an amount, in same day funds, equal to the amount of such drawing, then (i) such Documentary Credit Lender shall so notify the Administrative Agent, (ii) such Borrower shall be deemed to have given a Borrowing Notice to the Administrative Agent, requesting an ABR Advance under the Revolving Credit Facility in an amount equal to the amount of such drawing (a “Documentary Credit Borrowing”); (iii) the Revolving Credit Lenders shall on the date of such drawing make such Advance, ratably under the Revolving Credit Facility; and (iv) the Administrative Agent shall pay the proceeds thereof to the applicable Documentary Credit Lender as reimbursement for the amount of such drawing. (3) With respect to ABR Advances made pursuant to Section 4.06(2), the interest rate and Applicable Margin for such advances shall be applied until such advances are repaid in full. - 77 - 1808964.02A-NYCSR03A - MSWLEGAL_1:80104430. (4) Each applicable Revolving Credit Lender shall be required to make the Advances referred to in Section 4.06(2) notwithstanding (i) the amount of the Advance may not comply with the minimum amount required for Borrowings hereunder; (ii) whether any conditions specified in Article 5 are then satisfied; (iii) whether a Default or Event of Default has occurred and is continuing; (iv) the date of such Advance; and (v) any reduction in or termination of the Revolving Credit Commitment.