Place of Payment of Principal, Interest and Fees. (1) The Canadian Borrower undertakes at all times that any Advance is outstanding to it or any other amount is owed by it under any Credit Document to maintain at the Agent’s Cdn. Payment Branch an account in Cdn. Dollars and an account in US Dollars, which the Agent will be entitled to debit with such amounts as are from time to time required to be paid by the Canadian Borrower under the Credit Documents, as and when such amounts are due, and that each such account will contain sufficient funds, or sufficient funds will be available under the Canadian Swingline Facility, for such purpose. Without in any way limiting the rights of the Agent pursuant to the foregoing, unless otherwise specifically agreed between the Canadian Borrower and the Agent, the Canadian Borrower hereby directs the Agent to debit the aforesaid accounts with such amounts as are from time to time required to be paid by the Canadian Borrower pursuant to Article 4, Article 5 and Article 6 of this Agreement. Following any such debit for non-scheduled fees, costs or expenses, the Agent will provide to the Canadian Borrower notice of the debit of such fees, costs or expenses and the reasons therefor.
(2) The US Borrower undertakes at all times that any Advance is outstanding to it or any other amount is owed by it under any Credit Document to maintain at the Agent’s US Payment Branch an account in US Dollars which the Agent will be entitled to debit with such amounts as are from time to time required to be paid by the US Borrower under the Credit Documents, as and when such amounts are due, and that such account will contain sufficient funds, or sufficient funds will be available under the US Swingline Facility, for such purpose. Without in any way limiting the rights of the Agent pursuant to the foregoing, unless otherwise specifically agreed between the US Borrower and the Agent, the US Borrower hereby directs the Agent to debit the aforesaid accounts with such amounts as are from time to time required to be paid by the US Borrower pursuant to Article 4 and Article 6 of this Agreement. Following any such debit for non-scheduled fees, costs or expenses, the Agent will provide to the US Borrower notice of the debit of such fees, costs or expenses and the reasons therefor.
(3) All payments by the Canadian Borrower under any Credit Document, unless otherwise expressly provided in such Credit Document, will be made to the Agent at the Agent’s Cdn. Payment Branch, or at such other location as m...
Place of Payment of Principal, Interest and Fees. All payments by the Borrower under any Loan Document, unless otherwise expressly provided in such Loan Document, shall be made to the Lender at the Lender’s Payment Office, or at such other location as may be agreed upon by the Lender and the Borrower, for the account of the Lender, not later than 12:00 p.m. (Toronto time) for value on the date when due, and shall be made in immediately available funds without set-off or counterclaim.
Place of Payment of Principal, Interest and Fees. (1) The Borrower undertakes at all times when any Advance is outstanding or any other amount is owed by it under any Loan Document to maintain at the Agent’s Payment Branch an account in Cdn. Dollars and an account in US Dollars, which the Agent shall be entitled to debit with such amounts as are from time to time required to be paid by the Borrower under the Loan Documents, as and when such amounts are due. Without in any way limiting the rights of the Agent pursuant to the foregoing, unless otherwise specifically agreed between the Borrower and the Agent, the Borrower hereby directs the Agent to debit the aforesaid accounts with such amounts as are from time to time required to be paid by the Borrower pursuant to this Agreement.
(2) All payments by the Borrower under any Loan Document, unless otherwise expressly provided in such Loan Document, shall be made to the Agent at the Agent’s Payment Branch, or at such other location as may be agreed upon by the Agent and the Borrower, for the account of the Lenders entitled to such payment, not later than 12:00 noon (Toronto time) for value on the date when due, and shall be made in immediately available funds without set-off or counterclaim.
(3) Unless the Agent shall have been notified by the Borrower not later than 12:00 noon (Toronto time) of the Business Day prior to the date on which any payment to be made by the Borrower under a Loan Document is due that the Borrower does not intend to remit such payment, the Agent shall be entitled to assume that the Borrower has remitted or will remit such payment when so due and the Agent may (but shall not be obliged to), in reliance upon such assumption, make available to each applicable Lender on such payment date such Lender’s share of such assumed payment. If the Borrower does not in fact remit such payment to the Agent as required by such Loan Document, each applicable Lender shall immediately repay to the Agent on demand the amount so made available to such Lender, together with interest on such amount at the Interbank Reference Rate, in respect of each day from and including the date such amount was made available by the Agent to such Lender to the date such amount is repaid in immediately available funds to the Agent, and the Borrower shall immediately pay to the Agent on demand such amounts as are sufficient to compensate the Agent and the Lenders for all costs and expenses (including, without limitation, any interest paid to lenders of funds without duplica...
Place of Payment of Principal, Interest and Fees. (1) All payments by the Borrower under any Loan Document, unless otherwise expressly provided in such Loan Document, will be made to the Agent in US Dollars at the Agent’s Payment Location, or at such other location as may be agreed upon by the Agent and the Borrower, for the account of the Lenders entitled to such payment, not later than 10:00 (Toronto time) for value on the date when due, and will be made in immediately available funds without set-off or counterclaim.
Place of Payment of Principal, Interest and Fees. 5.6.1 All payments by the Borrower under any Loan Document, unless otherwise expressly provided in such Loan Document, will be made by bank transfer to the Lender in Canadian Dollars to the Payment Account, or at such other location as may be agreed upon by the Lender and the Borrower, not later than 12:00 p.m. (Ottawa time) for value on the date when due, and will be made in immediately available funds without set-off, deduction or counterclaim.
5.6.2 The Borrower shall pay to the Lender on written demand any amounts required to compensate the Lender for any actual loss suffered or incurred by it as a result of (i) the failure of the Borrower to give any notice in the manner and at the times required by this Agreement; (ii) the failure of the Borrower to effect an Advance in the manner and at the time specified in any Advance Notice; or (iii) the failure of the Borrower to make 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 the Lender to the Borrower shall be prima facie evidence of such amount.
Place of Payment of Principal, Interest and Fees. (1) All payments of principal, interest, fees and other amounts to be made by the Borrowers to the Lender pursuant to this Agreement shall be made in immediately available funds at the Lender’s Office in Toronto or to such other address as the Lender may direct in writing from time to time. All such payments received by the Lender on a Business Day before 2:00 p.m. (Toronto time) shall be treated as having been received by the Lender on that day; payments made after such time on a Business Day shall be treated as having been received by the Lender on the next Business Day.
(2) Whenever any payment shall be due on a day which is not a Business Day, the date for payment thereof shall be extended to the next succeeding Business Day. Interest shall continue to accrue and be payable thereon as provided herein, until the date on which such payment is received by the Lender.
Place of Payment of Principal, Interest and Fees. All payments of principal, interest, fees and other amounts to be made by the Borrower to the Lender pursuant to this Agreement will be made by deposit or transfer thereof to the account designated from time to time in writing by the Lender, or by such other means or at such other place as the Borrower and the Lender may from time to time agree.
Place of Payment of Principal, Interest and Fees. All payments of principal, interest, fees and other amounts to be made by the Construction Receiver to the Lender pursuant to this Agreement will be made in the currency in which the Loan is outstanding for value on the day such amount(s) are distributed by the Construction Receiver in accordance with the Settlement Approval Order, by payment thereof to the Lender at the Lender’s Office or at such other place and by such other method as the Construction Receiver and the Lender may from time to time agree.
Place of Payment of Principal, Interest and Fees. Each payment of principal, interest, fees and other amounts owing by the Borrower under or otherwise in respect of any Loan Document shall be made by the Borrower in the currency in which such amount owing is denominated no later than 10:00 a.m. (local time in the place of payment), in each case in immediately available and freely transferable funds for value on the due date (or if such due date is not a Business Day on the Business Day next following) to the credit of the Administration Agent’s Accounts or Swing Line Lender’s Accounts, as applicable.
Place of Payment of Principal, Interest and Fees. All payments of principal, interest, fees and other amounts to be made by the Borrower to the Lender pursuant to this Agreement shall be made to the Lender in Canadian Dollars for value on the day such amount is due, and if such day is not a Banking Day, on the Banking Day next following, by deposit or transfer thereof to such account as the Borrower and the Lender may from time to time agree.
