Common use of Presigned Draft Forms/Power of Attorney Clause in Contracts

Presigned Draft Forms/Power of Attorney. To facilitate acceptance of the Borrowings by way of Bankers’ Acceptances, the Borrower hereby appoints each Revolving Lender as its attorney to sign and endorse on its behalf, in handwriting or by facsimile or mechanical or electronic signature as and when deemed necessary by such Revolving Lender, blank forms of Drafts. In this respect, it is each Revolving Lender’s responsibility to maintain an adequate supply of blank forms of Drafts for acceptance under this Agreement. The Borrower recognizes and agrees that all Drafts signed and/or endorsed on its behalf by a Revolving Lender in accordance with each Drawing Notice shall bind the Borrower fully and effectively as if signed in the handwriting of and duly issued by the proper signing officers of the Borrower. Each Revolving Lender is hereby authorized to issue such Drafts endorsed in blank in such face amounts as may be determined by such Revolving Lender; provided, that the aggregate amount thereof is equal to the aggregate amount of Bankers’ Acceptances required to be accepted and purchased by such Revolving Lender. No Revolving Lender shall be liable for any damage, loss or other claim arising by reason of any loss or improper use of any such instrument, except the bad faith, gross negligence or willful misconduct of such Revolving Lender. Each Revolving Lender shall maintain a record with respect to Bankers’ Acceptances held by it in blank hereunder, voided by it for any reason, accepted and purchased by it hereunder, and cancelled at the respective maturities. Each Revolving Lender agrees to provide such records to the Borrower at such Borrower’s expense upon written request.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Concordia International Corp.), Credit and Guaranty Agreement (Concordia Healthcare Corp.)

AutoNDA by SimpleDocs

Presigned Draft Forms/Power of Attorney. (1) To facilitate acceptance of enable the Borrowings by way of applicable Lenders to create Bankers’ Acceptances' Acceptances or complete Drafts in the manner specified in this Article 4, the Borrower shall supply each such Lender with such number of Drafts as it may reasonably request, duly endorsed and executed on behalf of the Borrower. Each such Lender will exercise such care in the custody and safekeeping of Drafts as it would exercise in the custody and safekeeping of similar property owned by it and will, upon request by the Borrower, promptly advise the Borrower of the number and designations, if any, of uncompleted Drafts held by it for the Borrower. The signature of any officer of the Borrower on a Draft may be mechanically reproduced and BA Instruments bearing facsimile signature shall be binding upon the Borrower as if they had been manually signed. Even if the individuals whose manual or facsimile signature appears on any BA Instrument no longer hold office at the date of its acceptance by such Lender or at any time after such date, any BA Instrument so signed shall be valid and binding upon the Borrower. No Lender shall be liable for its failure to accept a Draft as required hereby if the cause of such failure is, in whole or in part, due to the failure of the Borrower to provide Drafts to such Lender on a timely basis. (2) The Borrower hereby irrevocably appoints each Revolving Lender as its attorney to sign and endorse on its behalf, in handwriting manually or by facsimile or mechanical signatures any Drafts necessary to enable such Lender to make Drawings in the manner specified in this Article 4. All Bankers' Acceptances signed or electronic signature as and when deemed necessary by such Revolving Lender, blank forms of Drafts. In this respect, it is each Revolving Lender’s responsibility to maintain an adequate supply of blank forms of Drafts for acceptance under this Agreement. The Borrower recognizes and agrees that all Drafts signed and/or endorsed on its the Borrower's behalf by a Revolving Lender in accordance with each Drawing Notice shall bind be binding on the Borrower fully and effectively Borrower, all as if signed in the handwriting of duly executed and duly issued by the proper signing officers of the Borrower. Each Revolving Lender is hereby authorized to issue such Drafts endorsed in blank in such face amounts as may be determined by such Revolving Lender; provided, that the aggregate amount thereof is equal to the aggregate amount of Bankers’ Acceptances required to be accepted and purchased by such Revolving Lender. No Revolving Lender shall be liable for any damage, loss or other claim Claim arising by reason of any loss or improper use of any such instrumentBA Instruments, except for Claims arising out of the bad faithfraud, gross negligence or willful wilful misconduct of such Revolving Lender. Each Revolving Lender shall (i) maintain a record with respect to Bankers’ Acceptances held any Drafts received by it from the Administrative Agent in blank hereunder, voided by it for any reason, accepted and purchased by it hereunder, and cancelled at the their respective maturities. Each Revolving Lender agrees to provide ; and (ii) retain such records in the manner and for the statutory periods provided in the various provincial or federal statutes and regulations which apply to such Lender. On request by the Borrower, a Lender shall cancel all Drafts which have CA-47 been pre-signed or pre-endorsed on behalf of the Borrower and which are held by such Lender and are not required to make Drawings in accordance with this Article 4 and shall, if so requested, return such cancelled Drafts to the Borrower at such Borrower’s expense upon written request.

Appears in 1 contract

Samples: Credit Agreement (Marsulex Inc)

Presigned Draft Forms/Power of Attorney. (1) To facilitate acceptance enable the applicable Lenders to create Bankers’ Acceptances or complete Drafts in the manner specified in this Article 4, SGC shall supply each such Lender with such number of Drafts as it may reasonably request, duly endorsed and executed on behalf of SGC. Each such Lender will exercise such care in the custody and safekeeping of Drafts as it would exercise in the custody and safekeeping of similar property owned by it and will, upon request by SGC, promptly advise SGC of the Borrowings number and designations, if any, of uncompleted Drafts held by way it for SGC. The signature of Bankers’ Acceptancesany officer of SGC on a Draft may be mechanically reproduced and BA Instruments bearing facsimile signature shall be binding upon SGC as if they had been manually signed. Even if the individuals whose manual or facsimile signature appears on any BA Instrument no longer hold office at the date of its acceptance by such Lender or at any time after such date, any BA Instrument so signed shall be valid and binding upon SGC. No Lender shall be liable for its failure to accept a Draft as required hereby if the Borrower cause of such failure is, in whole or in part, due to the failure of SGC to provide Drafts to such Lender on a timely basis. (2) SGC hereby irrevocably appoints each Revolving Lender as its attorney to sign and endorse on its behalf, in handwriting manually or by facsimile or mechanical signatures any Drafts necessary to enable such Lender to make Drawings in the manner specified in this Article 4. All Bankers’ Acceptances signed or electronic signature as and when deemed necessary by such Revolving Lender, blank forms of Drafts. In this respect, it is each Revolving Lender’s responsibility to maintain an adequate supply of blank forms of Drafts for acceptance under this Agreement. The Borrower recognizes and agrees that all Drafts signed and/or endorsed on its SGC’s behalf by a Revolving Lender in accordance with each Drawing Notice shall bind the Borrower fully and effectively be binding on SGC, all as if signed in the handwriting of duly executed and duly issued by the proper signing officers of the Borrower. Each Revolving Lender is hereby authorized to issue such Drafts endorsed in blank in such face amounts as may be determined by such Revolving Lender; provided, that the aggregate amount thereof is equal to the aggregate amount of Bankers’ Acceptances required to be accepted and purchased by such Revolving LenderSGC. No Revolving Lender shall be liable for any damage, loss or other claim Claim arising by reason of any loss or improper use of any such instrumentBA Instruments, except for Claims arising out of the bad faithfraud, gross negligence or willful wilful misconduct of such Revolving Lender. Each Revolving Lender shall (i) maintain a record with respect to Bankers’ Acceptances held any Drafts received by it from the Agent in blank hereunder, voided by it for any reason, accepted and purchased by it hereunder, and cancelled at the their respective maturities. Each Revolving Lender agrees to provide ; and (ii) retain such records in the manner and for the statutory periods provided in the various provincial or federal statutes and regulations which apply to the Borrower at such Borrower’s expense upon written requestLender. On request by SGC, a Lender shall cancel all Drafts which have been pre-signed or pre-endorsed on behalf of SGC and which are held by such Lender and are not required to make Drawings in accordance with this Article 4 and shall, if so requested, return such cancelled Drafts to SGC.

Appears in 1 contract

Samples: Credit Agreement (Stratos Funding, LP)

Presigned Draft Forms/Power of Attorney. To facilitate acceptance of the Borrowings by way of Bankers’ Acceptances, the Borrower hereby appoints each Revolving Lender as its attorney to sign and endorse on its behalf, in handwriting or by facsimile or mechanical or electronic signature as and when deemed necessary by such Revolving Lender, blank forms of Drafts. In this respect, it is each Revolving Lender’s responsibility to maintain an adequate supply of blank forms of Drafts for acceptance under this Agreement. The Borrower recognizes and agrees that all Drafts signed and/or endorsed on its behalf by a Revolving Lender in accordance with each Drawing Notice shall bind the Borrower fully and effectively as if signed in the handwriting of and duly issued by the proper signing officers of the Borrower. Each Revolving Lender is hereby authorized to issue such Drafts endorsed in blank in such face amounts as may be determined by such Revolving Lender; provided, provided that the aggregate amount thereof is equal to the aggregate amount of Bankers’ Acceptances required to be accepted and purchased by such Revolving Lender. No Revolving Lender shall be liable for any damage, loss or other claim arising by reason of any loss or improper use of any such instrument, except the bad faith, gross negligence or willful misconduct of such Revolving Lender. Each Revolving Lender shall maintain a record with respect to Bankers’ Acceptances held by it in blank hereunder, voided by it for any reason, accepted and purchased by it hereunder, and cancelled at the respective maturities. Each Revolving Lender agrees to provide such records to the Borrower at such the Borrower’s expense upon written request. Drafts drawn by the Borrower to be accepted as Bankers’ Acceptances shall be signed by a duly authorized officer or officers of the Borrower or by its attorneys. Notwithstanding that any Person whose signature appears on any Bankers’ Acceptance may no longer be an authorized signatory for the Borrower at the time of issuance of a Bankers’ Acceptance; that signature shall nevertheless be valid and sufficient for all purposes as if the authority had remained in force at the time of issuance and any Bankers’ Acceptance so signed shall be binding on the Borrower. Each Revolving Lender will exercise such care in the custody and safekeeping of Drafts as it would exercise in the custody and safekeeping of similar property owned by it and will, upon request by the Borrower, promptly advise the Borrower of the number and designations, if any, of uncompleted Drafts held by it for the Borrower. The signature of any officer of the Borrower on a Draft may be mechanically or electronically reproduced and BA Instruments bearing a facsimile or electronic signature shall be binding upon the Borrower as if they had been manually signed.

Appears in 1 contract

Samples: Credit Agreement (DHX Media Ltd.)

AutoNDA by SimpleDocs

Presigned Draft Forms/Power of Attorney. To facilitate acceptance of the Borrowings by way of Bankers’ Acceptances, the Borrower hereby appoints each Revolving Lender as its attorney to sign and endorse on its behalf, in handwriting or by facsimile or mechanical or electronic signature as and when deemed necessary by such Revolving Lender, blank forms of Drafts. In this respect, it is each Revolving Lender’s responsibility to maintain an adequate supply of blank forms of Drafts for acceptance under this Agreement. The Borrower recognizes and agrees that all Drafts signed and/or endorsed on its behalf by a Revolving Lender in accordance with each Drawing Notice shall bind the Borrower fully and effectively as if signed in the handwriting of and duly issued by the proper signing officers of the Borrower. Each Revolving Lender is hereby authorized to issue such Drafts endorsed in blank in such face amounts as may be determined by such Revolving Lender; provided, that the aggregate amount thereof is equal to the aggregate amount of Bankers’ Acceptances required to be accepted and purchased by such Revolving Lender. No Revolving Lender shall be liable for any damage, loss or other claim arising by reason of any loss or improper use of any such instrument, except the bad faith, gross negligence or willful misconduct of such Revolving Lender. Each Revolving Lender shall maintain a record with respect to Bankers’ Acceptances held by it in blank hereunder, voided by it for any reason, accepted and purchased by it hereunder, and cancelled at the respective maturities. Each Revolving Lender agrees to provide such records to the Borrower at such Borrower’s expense upon written request. Drafts drawn by a Borrower to be accepted as Bankers’ Acceptances shall be signed by a duly authorized officer or officers of such Borrower or by its attorneys. Notwithstanding that any Person whose signature appears on any Bankers’ Acceptance may no longer be an authorized signatory for the Borrower at the time of issuance of a Bankers’ Acceptance; that signature shall nevertheless be valid and sufficient for all purposes as if the authority had remained in force at the time of issuance and any Bankers’ Acceptance so signed shall be binding on the Borrower. Each Revolving Lender will exercise such care in the custody and safekeeping of Drafts as it would exercise in the custody and safekeeping of similar property owned by it and will, upon request by the Borrower, promptly advise such Borrower of the number and designations, if any, of uncompleted Drafts held by it for such Borrower. The signature of any officer of a Borrower on a Draft may be mechanically or electronically reproduced and BA Instruments bearing a facsimile or electronic signature shall be binding upon such Borrower as if they had been manually signed.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Concordia Healthcare Corp.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!