Common use of Payments under this Agreement Clause in Contracts

Payments under this Agreement. (1) Unless otherwise expressly provided in this Agreement, the applicable Borrower shall make any payment required to be made by it to the Administrative Agent or any Lender by depositing the amount of the payment in the relevant currency to the relevant Borrower’s Account not later than 10:00 a.m. (Toronto time) on the date the payment is due. The applicable Borrower shall make each such payment (i) in Canadian Dollars, if the Accommodation was originally made in Canadian Dollars; (ii) in U.S. Dollars, if the Accommodation was originally made in U.S. Dollars; and (iii) except as specifically otherwise provided, in the Equivalent U.S. $ Amount, if the Accommodation was originally made in any other currency. In respect of the Canadian Revolving Credit Facility, U.S. Revolving Credit Facility and Term Loan Facility, the Administrative Agent shall distribute to each applicable Lender, promptly on the date of receipt by the Administrative Agent of any payment, an amount equal to the amount then due each such Lender, and if such distribution is not made on that date, the Administrative Agent shall pay interest on the amount for each day, from the date the amount is received by the Administrative Agent until the date of distribution, at the prevailing interbank rate for late payments. (2) Unless otherwise expressly provided in this Agreement, the Administrative Agent shall make Accommodations under the Canadian Revolving Credit Facility, the U.S. Revolving Credit Facility and the Term Loan Facility and other payments to the applicable Borrower under this Agreement by crediting the applicable Borrower’s Account (or causing the applicable Borrower’s Account to be credited) with the amount of the payment in the relevant currency not later than 2:00 p.m. (Toronto time) on the date the payment is to be made. (3) Each Canadian Swing Line Lender shall make Canadian Swing Line Advances to the applicable Borrower by crediting the applicable Canadian Revolving Credit Borrower’s Account with the amount of such Canadian Swing Line Advance not later than 2:00 p.m. (Toronto time) on the date such Canadian Swing Line Advance is to be made. (4) Each Borrower hereby authorizes each Lender, if and to the extent any payment owed to such Lender by such Borrower is not made to the Administrative Agent when due, to charge from time to time any amount due against any or all of such Borrower’s accounts with such Lender upon notice to such Borrower.

Appears in 1 contract

Samples: Credit Agreement (Open Text Corp)

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Payments under this Agreement. (1a) Unless otherwise expressly provided in this Agreement, the applicable Borrower shall make any payment required to be made by it to the Administrative Agent for its own account or for the account of any other Lender by depositing the amount of the payment in the relevant currency to the relevant Borrower’s Account not later than 10:00 a.m. (Toronto Calgary time) on the date the payment is due. The applicable Borrower shall make each such payment payment: (i) in Canadian Dollars, if the Accommodation was originally made in or has been converted to Canadian Dollars; and (ii) in U.S. Dollars, if the Accommodation was originally made in or has been converted to U.S. Dollars; and (iii) except as specifically otherwise provided, in the Equivalent U.S. $ Amount, if the Accommodation was originally made in any other currency. In respect of the Canadian Revolving Credit Facility, U.S. Revolving Credit Facility and Term Loan Facility, the The Administrative Agent shall distribute to each applicable LenderLender under the Credit Facility, promptly on the date of receipt by the Administrative Agent of any payment, an amount equal to the amount then due each to such Lender, Lender under the Credit Facility. The Borrower hereby authorizes and if directs the Administrative Agent to automatically debit the Borrower’s Account to effect such distribution. If the distribution is not made on that date, the Administrative Agent shall pay interest to the Lenders entitled to receive such distribution on the amount for each day, from the date the amount is received by the Administrative Agent until the date of distribution, at the prevailing interbank rate for late payments. Any amount received by the Administrative Agent for the account of the Lenders shall be held in trust for their benefit until distributed. (2b) Unless otherwise expressly provided in this Agreement, the Administrative Agent shall make Accommodations under the Canadian Revolving Credit Facility, the U.S. Revolving Credit Facility and the Term Loan Facility amounts available and other payments to the applicable Borrower under this Agreement the Credit Facility by crediting the applicable Borrower’s Account (or causing the applicable Borrower’s Account to be credited) with the amount of the payment in the relevant currency not later than 2:00 p.m. 11:00 a.m. (Toronto Calgary time) on the date the payment is to be made. (3c) Each Canadian Swing Line Lender shall make Canadian Swing Line Advances to the applicable Borrower by crediting the applicable Canadian Revolving Credit Borrower’s Account with the amount of such Canadian Swing Line Advance not later than 2:00 p.m. (Toronto time) on the date such Canadian Swing Line Advance is to be made. (4) Each The Borrower hereby authorizes each Lender, if and to the extent any payment owed to such Lender by such the Borrower is not made to the Administrative Agent when due, to charge from time to time any amount due against any or all of such the Borrower’s accounts Accounts with the Administrative Agent. (d) If and whenever from time to time the Borrower intends to repay any Floating Rate Advance or any Fixed Rate Advance or Drawing which would otherwise become a Floating Rate Advance on the date of payment pursuant to Section 3.2(b) or Section 4.5(b), the Borrower shall: (i) in respect of such Lender upon repayments where the amount repaid is equal to or less than $25,000,000, give the Administrative Agent notice to of such Borrowerrepayment substantially in the form attached hereto as Schedule 8 on or before 10:00 a.m. (Calgary time) on the date of repayment; and (ii) in respect of such repayment where the amount repaid is in excess of $25,000,000, give the Administrative Agent one (1) day’s prior written notice of such repayment substantially in the form attached hereto as Schedule 8.

Appears in 1 contract

Samples: Credit Agreement (Canadian Pacific Railway LTD/Cn)

Payments under this Agreement. (1) Unless otherwise expressly provided in this Agreement, the applicable Borrower shall make any payment required to be made by it to the Administrative Agent or any Lender by depositing the amount of the such payment in the relevant currency to the relevant Borrower’s Payment Account not later than 10:00 a.m. 2:00 p.m. (Toronto time) on the date the such payment is due. The applicable Borrower shall make each such payment (i) to be made hereunder in respect of Accommodations in Canadian Dollars, if the Accommodation was originally made in Canadian Dollars; (ii) in U.S. Dollars, if the Accommodation was originally made in U.S. Dollars; and (iii) except as specifically otherwise provided, in the Equivalent U.S. $ Amount, if the Accommodation was originally made in any other currency. In respect of the Canadian Revolving Credit Facility, U.S. Revolving Credit Facility and Term Loan Facility, the Administrative The Agent shall distribute cause to be distributed to each applicable Lender, promptly on the date of receipt by the Administrative Agent of each payment on account of the Accommodations Outstanding or any paymentother amount due to the Lender hereunder, an amount equal to the amount then due each such LenderLender and, and if such distribution is not so made on that such date, the Administrative Agent shall pay interest on the amount thereon to such Lender for each day, from the date the such amount is received by by, the Administrative Agent until the date of distribution, at the prevailing interbank rate for late payments. Any amount received by the Agent for the account of the Lenders shall be held in trust for the benefit of the Lenders until such distribution. (2) Unless otherwise expressly provided in this Agreement, the Administrative Agent shall make Accommodations under the Canadian Revolving Credit Facility, the U.S. Revolving Credit Facility and the Term Loan Facility and any Accommodation or other payments payment to the applicable Borrower under this Agreement hereunder by crediting the applicable relevant Borrower’s 's Account (or causing of the applicable Borrower’s 's Account to be credited) with the amount of the such payment in the relevant currency not later than 2:00 1:00 p.m. (Toronto time) on the date the such payment is to be made. (3) Each Canadian Swing Line Lender shall make Canadian Swing Line Advances to the applicable Borrower by crediting the applicable Canadian Revolving Credit Borrower’s Account with the amount of such Canadian Swing Line Advance not later than 2:00 p.m. (Toronto time) on the date such Canadian Swing Line Advance is to be made. (4) Each The Borrower hereby authorizes each Lender, if and to the extent any payment owed to such Lender by such the Borrower is not made to the Administrative Agent when duedue hereunder, to charge from time to time any amount so due against any or all of such the Borrower’s 's accounts with such Lender upon notice to such BorrowerLender.

Appears in 1 contract

Samples: Credit Agreement (First Union Real Estate Equity & Mortgage Investments)

Payments under this Agreement. (1) Unless otherwise expressly provided in this Agreement, the applicable Borrower Borrowers shall make any payment required to be made by it to the Administrative Agent for its own account or for the account of any other Lender by depositing the amount of the payment in the relevant currency to the relevant applicable Borrower’s Account not later than 10:00 a.m. 12:00 noon (Toronto time) on the date the payment is duedue without deduction for set-off or counterclaim. The applicable Borrower Borrowers shall make each such payment (i) in Canadian Dollars, if the Accommodation was originally made in Canadian Dollars; (ii) in U.S. Dollars, if the Accommodation was originally made in U.S. Dollars; and (iii) except as specifically otherwise provided, in the Equivalent U.S. $ Amount, if the Accommodation was originally made in any other currency. In respect of the Canadian Revolving Credit Facility, U.S. Revolving Credit Facility and Term Loan Facility, the The Administrative Agent shall distribute to each applicable Lender, promptly on the date of receipt by the Administrative Agent of any payment, an amount equal to the amount then due each to such applicable Lender, . The Borrowers hereby authorize and if such distribution is not made on that date, direct the Administrative Agent shall pay interest on the to automatically debit either Borrower’s Account to effect such distribution. Any amount for each day, from the date the amount is received by the Administrative Agent for the account of the Lenders shall be held in trust for their benefit until the date of distribution, at the prevailing interbank rate for late paymentsdistributed. (2) Unless otherwise expressly provided in this Agreement, the Administrative Agent shall make Accommodations under the Canadian Revolving Credit Facility, the U.S. Revolving Credit Facility and the Term Loan Facility amounts available and other payments to the applicable Borrower Borrowers under this Agreement by crediting the applicable Borrower’s Account (or causing the applicable Borrower’s Account to be credited) with the amount of the payment in the relevant currency not later than 2:00 p.m. (Toronto time) with good value on the date the amount is to be made available or the payment is to be made. (3) Each Canadian Swing Line The Borrowers shall pay to each Lender shall on demand any amounts required to compensate the Lender for any loss suffered or incurred by it as a result of: (i) the failure of a Borrower to give any notice in the manner and at the times required by this Agreement; (ii) the failure of a Borrower to effect an Accommodation in the manner and at the time specified in any Accommodation Notice; (iii) any payment being made in respect of a BA Instrument other than on the maturity applicable to it; or (iv) the failure of a Borrower to make Canadian Swing Line Advances a payment or a mandatory repayment in the manner and at the time specified in this Agreement. Written notice as to the amount of any such loss submitted in good faith by a Lender to the applicable Borrower by crediting the applicable Canadian Revolving Credit Borrower’s Account with the amount shall be prima facie evidence of such Canadian Swing Line Advance not later than 2:00 p.m. (Toronto time) on the date such Canadian Swing Line Advance is to be madeamount. (4) Each Borrower hereby authorizes each Lender, if and to the extent any payment owed to such Lender by such Borrower is not made to the Administrative Agent when due, to charge from time to time any amount due against any or all of such Borrower’s accounts with such Lender upon notice to such Borrower.

Appears in 1 contract

Samples: Credit Agreement (Entertainment Properties Trust)

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Payments under this Agreement. (1a) Unless otherwise expressly provided in this Agreement, the applicable each Borrower shall make any payment required to be made by it to the Administrative Agent for its own account or for the account of any other Lender by depositing the amount of the payment in the relevant currency to the relevant applicable Borrower’s Account not later than 10:00 a.m. (Toronto Calgary time) on the date the payment is due. The applicable Borrower shall make each such payment payment: (i) in Canadian Dollars, if the Accommodation was originally made in or has been converted to Canadian Dollars; and (ii) in U.S. Dollars, if the Accommodation was originally made in or has been converted to U.S. Dollars; and (iii) except as specifically otherwise provided, in the Equivalent U.S. $ Amount, if the Accommodation was originally made in any other currency. In respect of the Canadian Revolving Credit Facility, U.S. Revolving Credit Facility and Term Loan Facility, the The Administrative Agent shall distribute to each applicable LenderLender under each Credit Facility, promptly on the date of receipt by the Administrative Agent of any payment, an amount equal to the amount then due each to such Lender, Lender under the applicable Credit Facility. Each Borrower hereby authorizes and if directs the Administrative Agent to automatically debit the applicable Borrower’s Account to effect such distribution. If the distribution is not made on that date, the Administrative Agent shall pay interest to the Lenders entitled to receive such distribution on the amount for each day, from the date the amount is received by the Administrative Agent until the date of distribution, at the prevailing interbank rate for late payments. Any amount received by the Administrative Agent for the account of the Lenders shall be held in trust for their benefit until distributed. (2b) Unless otherwise expressly provided in this Agreement, the Administrative Agent shall make Accommodations under the Canadian Revolving Credit Facility, the U.S. Revolving Credit Facility and the Term Loan Facility amounts available and other payments to the applicable Borrower under this Agreement the applicable Credit Facility by crediting the applicable relevant Borrower’s Account (or causing the applicable relevant Borrower’s Account to be credited) with the amount of the payment in the relevant currency not later than 2:00 p.m. 11:00 a.m. (Toronto Calgary time) on the date the payment is to be made. (3) Each Canadian Swing Line Lender shall make Canadian Swing Line Advances to the applicable Borrower by crediting the applicable Canadian Revolving Credit Borrower’s Account with the amount of such Canadian Swing Line Advance not later than 2:00 p.m. (Toronto time) on the date such Canadian Swing Line Advance is to be made. (4c) Each Borrower hereby authorizes each Lender, if and to the extent any payment owed to such Lender by such a Borrower is not made to the Administrative Agent when due, to charge from time to time any amount due against any or all of such the applicable Borrower’s accounts Accounts with the Administrative Agent. (d) If and whenever from time to time a Borrower intends to repay any Floating Rate Advance (including Swingline Advances made under 3.2(b)(i)) or any SOFR Loan or Drawing which would otherwise become a Floating Rate Advance on the date of payment pursuant to Section 3.3(b) or Section 4.5(b), such Lender upon Borrower shall: (i) in respect of such repayments where the amount repaid is equal to or less than $25,000,000, give the Administrative Agent notice to of such Borrowerrepayment substantially in the form attached hereto as Schedule 9 on or before 10:00 a.m. (Calgary time) on the date of repayment; and (ii) in respect of such repayment where the amount repaid is in excess of $25,000,000, give the Administrative Agent one (1) day’s prior written notice of such repayment substantially in the form attached hereto as Schedule 9.

Appears in 1 contract

Samples: Revolving Credit Facility (Canadian Pacific Kansas City LTD/Cn)

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