Common use of Pro-Rata Treatment of Canadian Advances Clause in Contracts

Pro-Rata Treatment of Canadian Advances. (A) In the event it is not practicable to allocate Canadian Bankers’ Acceptances to each Canadian Bank such that the aggregate amount of Canadian Bankers’ Acceptances required to be purchased by such Canadian Bank hereunder is in a whole multiple of C$100,000, the Canadian Administrative Agent is authorized by the Canadian Borrower and each Canadian Bank to make such allocation as the Canadian Administrative Agent determines in its sole and unfettered discretion may be equitable in the circumstances and, if the aggregate amount of such Canadian Bankers’ Acceptances is not a whole multiple of C$100,000, then the Canadian Administrative Agent may allocate (on a basis considered by it to be equitable) the excess of such Canadian Bankers’ Acceptances over the next lowest whole multiple of C$100,000 to one Canadian Bank, which shall purchase a Canadian Bankers’ Acceptance with a face amount equal to the excess and having the same term as the corresponding Canadian Bankers’ Acceptances. In no event shall the portion of the outstanding Canadian Borrowings by way of Canadian Bankers’ Acceptances of a Canadian Bank exceed such Canadian Bank’s Pro Rata Share of the aggregate Canadian Borrowings by way of Canadian Bankers’ Acceptances by more than C$100,000 as a result of such exercise of discretion by the Canadian Administrative Agent. (B) If during the term of any Canadian Bankers’ Acceptance accepted by a Canadian Bank hereunder the Canadian Stamping Fee Rate changes as a result of a change in the Applicable Margin or an Event of Default occurs and is continuing, the fee paid to such Canadian Bank by the Canadian Borrower pursuant to Section 2A.3(c) (in this paragraph called the “Initial Fee”) with respect to such Canadian Bankers’ Acceptance shall be recalculated based upon such change in the Canadian Stamping Fee Rate or the existence of such Event of Default for the number of days during the term of such Canadian Bankers’ Acceptance that such change is applicable or such Event of Default exists. If such recalculated amount is in excess of the Initial Fee then the Canadian Borrower shall pay to such Canadian Bank the amount of such excess, and if such recalculated amount is less than the Initial Fee, then the amount of such reduction shall be credited to other amounts payable by the Canadian Borrower to such Canadian Bank.

Pro-Rata Treatment of Canadian Advances. (Ai) Each Canadian Advance shall be made available by each Canadian Lender and all repayments and reductions in respect thereof shall be made and applied in a manner so that the Canadian Advances outstanding hereunder to each Canadian Lender will, to the extent possible, thereafter be pro rata in accordance with such Canadian Lender’s Percentage Share. The Canadian Administrative Agent is authorized by Canadian Working Capital Borrower and each Canadian Lender to determine, in its sole and unfettered discretion, the portion of each Canadian Advance and each Type of Canadian Advance to be made available by each Canadian Lender and the application of repayments and reductions of Canadian Advances to give effect to the provisions of this section, provided that no Canadian Lender shall, as a result of any such determination, have a Percentage Share of the Canadian Advances which is in excess of its Percentage Share of the Canadian Working Capital Commitment. (ii) In the event it is not practicable to allocate Canadian Bankers’ Acceptances to each Canadian Bank Lender such that the aggregate amount of Canadian Bankers’ Acceptances required to be purchased by such Canadian Bank Lender hereunder is in a whole multiple of C$100,000, the Canadian Administrative Agent is authorized by the each Canadian Working Capital Borrower and each Canadian Bank Lender to make such allocation as the Canadian Administrative Agent determines in its sole and unfettered discretion may be equitable in the circumstances and, if the aggregate amount of such Canadian Bankers’ Acceptances is not a whole multiple of C$100,000, then the Canadian Administrative Agent may allocate (on a basis considered by it to be equitable) the excess of such Canadian Bankers’ Acceptances Advance over the next lowest whole multiple of C$100,000 to one Canadian BankLender, which shall purchase a Canadian Bankers’ Acceptance with a face amount equal to the excess and having the same term as the corresponding Canadian Bankers’ Acceptances. In no event shall the portion of the outstanding Canadian Borrowings by way of Canadian Bankers’ Acceptances of a Canadian Bank Lender exceed such Canadian Bank’s Pro Rata Lenders’ Percentage Share of the aggregate Canadian Borrowings by way of Canadian Bankers’ Acceptances by more than C$100,000 as a result of such exercise of discretion by the Canadian Administrative Agent. (B) If during the term of any Canadian Bankers’ Acceptance accepted by a Canadian Bank hereunder the Canadian Stamping Fee Rate changes as a result of a change in the Applicable Margin or an Event of Default occurs and is continuing, the fee paid to such Canadian Bank by the Canadian Borrower pursuant to Section 2A.3(c) (in this paragraph called the “Initial Fee”) with respect to such Canadian Bankers’ Acceptance shall be recalculated based upon such change in the Canadian Stamping Fee Rate or the existence of such Event of Default for the number of days during the term of such Canadian Bankers’ Acceptance that such change is applicable or such Event of Default exists. If such recalculated amount is in excess of the Initial Fee then the Canadian Borrower shall pay to such Canadian Bank the amount of such excess, and if such recalculated amount is less than the Initial Fee, then the amount of such reduction shall be credited to other amounts payable by the Canadian Borrower to such Canadian Bank.

Pro-Rata Treatment of Canadian Advances. (Ai) Each Canadian Advance shall be made available by each Lender and all repayments and reductions in respect thereof shall be made and applied in a manner so that the Canadian Advances outstanding hereunder to each Lender will, to the extent possible, thereafter be pro rata in accordance with such Lender's Percentage Share. The Canadian Agent is authorized by each Canadian Borrower and each Lender to determine, in its sole and unfettered discretion, the portion of each Canadian Advance and each Type of Canadian Advance to be made available by each Lender and the application of repayments and reductions of Canadian Advances to give effect to the provisions of this Section, provided that no Lender shall, as a result of any such determination, have a Percentage Share of the Canadian Advances which is in excess of its Percentage Share of the Canadian Maximum Credit Amount. (ii) In the event it is not practicable to allocate Canadian Bankers’ ' Acceptances to each Canadian Bank Lender such that the aggregate amount of Canadian Bankers’ ' Acceptances required to be purchased by such Canadian Bank Lender hereunder is in a whole multiple of C$C $100,000, the Canadian Administrative Agent is authorized by the each Canadian Borrower and each Canadian Bank Lender to make such allocation as the Canadian Administrative Agent determines in its sole and unfettered discretion may be equitable in the circumstances and, if the aggregate amount of such Canadian Bankers’ ' Acceptances is not a whole multiple of C$C $100,000, then the Canadian Administrative Agent may allocate (on a basis considered by it to be equitable) the excess of such Canadian Bankers’ Acceptances Advance over the next lowest whole multiple of C$C $100,000 to one Canadian BankLender, which shall purchase a Canadian Bankers’ ' Acceptance with a face amount equal to the excess and having the same term as the corresponding Canadian Bankers’ ' Acceptances. In no event shall the portion of the outstanding Canadian Borrowings by way of Canadian Bankers’ ' Acceptances of a Canadian Bank Lender exceed such Canadian Bank’s Pro Rata Lenders' Percentage Share of the aggregate Canadian Aggregate Borrowings by way of Canadian Bankers’ ' Acceptances by more than C$C $100,000 as a result of such exercise of discretion by the Canadian Administrative Agent. (B) If during the term of any Canadian Bankers’ Acceptance accepted by a Canadian Bank hereunder the Canadian Stamping Fee Rate changes as a result of a change in the Applicable Margin or an Event of Default occurs and is continuing, the fee paid to such Canadian Bank by the Canadian Borrower pursuant to Section 2A.3(c) (in this paragraph called the “Initial Fee”) with respect to such Canadian Bankers’ Acceptance shall be recalculated based upon such change in the Canadian Stamping Fee Rate or the existence of such Event of Default for the number of days during the term of such Canadian Bankers’ Acceptance that such change is applicable or such Event of Default exists. If such recalculated amount is in excess of the Initial Fee then the Canadian Borrower shall pay to such Canadian Bank the amount of such excess, and if such recalculated amount is less than the Initial Fee, then the amount of such reduction shall be credited to other amounts payable by the Canadian Borrower to such Canadian Bank.

Pro-Rata Treatment of Canadian Advances. (Ai) Each Canadian Advance shall be made available by each Canadian Lender and all repayments and reductions in respect thereof shall be made and applied in a manner so that the Canadian Advances outstanding hereunder to each Canadian Lender will, to the extent possible, thereafter be pro rata in accordance with such Canadian Lender’s Canadian Percentage Share. The Canadian Administrative Agent is authorized by Canadian Borrowers and each Canadian Lender to determine, in its sole and unfettered discretion, the portion of each Canadian Advance and each Type of Canadian Advance to be made available by each Canadian Lender to such Canadian Borrower and the application of repayments and reductions of Canadian Advances to give effect to the provisions of this section, provided that no Canadian Lender shall, as a result of any such determination, have a Canadian Percentage Share of the aggregate Canadian Advances which is in excess of its Canadian Percentage Share of the Canadian Total Committed Amount. (ii) In the event it is not practicable to allocate Canadian Bankers’ Acceptances to each Canadian Bank Lender such that the aggregate amount of Canadian Bankers’ Acceptances required to be purchased by such Canadian Bank Lender hereunder is in a whole multiple of C$100,000, the Canadian Administrative Agent is authorized by the each Canadian Borrower and each Canadian Bank Lender to make such allocation as the Canadian Administrative Agent determines in its sole and unfettered discretion may be equitable in the circumstances and, if the aggregate amount of such Canadian Bankers’ Acceptances is not a whole multiple of C$100,000, then the Canadian Administrative Agent may allocate (on a basis considered by it to be equitable) the excess of such Canadian Bankers’ Acceptances Advance over the next lowest whole multiple of C$100,000 to one Canadian BankLender, which shall purchase a Canadian Bankers’ Acceptance with a face amount equal to the excess and having the same term as the corresponding Canadian Bankers’ Acceptances. In no event shall the portion of the outstanding Canadian Borrowings by way of Canadian Bankers’ Acceptances of a Canadian Bank Lender exceed such Canadian Bank’s Pro Rata Lenders’ Canadian Percentage Share of the aggregate Canadian Borrowings by way of Canadian Bankers’ Acceptances by more than C$100,000 as a result of such exercise of discretion by the Canadian Administrative Agent. (B) If during the term of any Canadian Bankers’ Acceptance accepted by a Canadian Bank hereunder the Canadian Stamping Fee Rate changes as a result of a change in the Applicable Margin or an Event of Default occurs and is continuing, the fee paid to such Canadian Bank by the Canadian Borrower pursuant to Section 2A.3(c) (in this paragraph called the “Initial Fee”) with respect to such Canadian Bankers’ Acceptance shall be recalculated based upon such change in the Canadian Stamping Fee Rate or the existence of such Event of Default for the number of days during the term of such Canadian Bankers’ Acceptance that such change is applicable or such Event of Default exists. If such recalculated amount is in excess of the Initial Fee then the Canadian Borrower shall pay to such Canadian Bank the amount of such excess, and if such recalculated amount is less than the Initial Fee, then the amount of such reduction shall be credited to other amounts payable by the Canadian Borrower to such Canadian Bank.

Pro-Rata Treatment of Canadian Advances. (Ai) Each Canadian Advance shall be made available by each Canadian Lender and all repayments and reductions in respect thereof shall be made and applied in a manner so that the Canadian Advances outstanding hereunder to each Canadian Lender will, to the extent possible, thereafter be pro rata in accordance with such Canadian Lender’s Canadian Percentage Share. Canadian Administrative Agent is authorized by Canadian Borrowers and each Canadian Lender to determine, in its sole and unfettered discretion, the portion of each Canadian Advance and each Type of Canadian Advance to be made available by each Canadian Lender to such Canadian Borrower and the application of repayments and reductions of Canadian Advances to give effect to the provisions of this section, provided that no Canadian Lender shall, as a result of any such determination, have a Canadian Percentage Share of the aggregate Canadian Advances which is in excess of its Canadian Percentage Share of the Canadian Total Committed Amount. (ii) In the event it is not practicable to allocate Canadian Bankers’ Acceptances to each Canadian Bank Lender such that the aggregate amount of Canadian Bankers’ Acceptances required to be purchased by such Canadian Bank Lender hereunder is in a whole multiple of C$100,000, the Canadian Administrative Agent is authorized by the each Canadian Borrower and each Canadian Bank Lender to make such allocation as the Canadian Administrative Agent determines in its sole and unfettered discretion may be equitable in the circumstances and, if the aggregate amount of such Canadian Bankers’ Acceptances is not a whole multiple of C$100,000, then the Canadian Administrative Agent may allocate (on a basis considered by it to be equitable) the excess of such Canadian Bankers’ Acceptances Advance over the next lowest whole multiple of C$100,000 to one Canadian BankLender, which shall purchase a Canadian Bankers’ Acceptance with a face amount equal to the excess and having the same term as the corresponding Canadian Bankers’ Acceptances. In no event shall the portion of the outstanding Canadian Borrowings by way of Canadian Bankers’ Acceptances of a Canadian Bank Lender exceed such Canadian Bank’s Pro Rata Lenders’ Canadian Percentage Share of the aggregate Canadian Borrowings by way of Canadian Bankers’ Acceptances by more than C$100,000 as a result of such exercise of discretion by the Canadian Administrative Agent. (B) If during the term of any Canadian Bankers’ Acceptance accepted by a Canadian Bank hereunder the Canadian Stamping Fee Rate changes as a result of a change in the Applicable Margin or an Event of Default occurs and is continuing, the fee paid to such Canadian Bank by the Canadian Borrower pursuant to Section 2A.3(c) (in this paragraph called the “Initial Fee”) with respect to such Canadian Bankers’ Acceptance shall be recalculated based upon such change in the Canadian Stamping Fee Rate or the existence of such Event of Default for the number of days during the term of such Canadian Bankers’ Acceptance that such change is applicable or such Event of Default exists. If such recalculated amount is in excess of the Initial Fee then the Canadian Borrower shall pay to such Canadian Bank the amount of such excess, and if such recalculated amount is less than the Initial Fee, then the amount of such reduction shall be credited to other amounts payable by the Canadian Borrower to such Canadian Bank.

Pro-Rata Treatment of Canadian Advances. (Ai) Each Canadian Advance shall be made available by each Canadian Lender and all repayments and reductions in respect thereof shall be made and applied in a manner so that the Canadian Advances outstanding hereunder to each Canadian Lender will, to the extent possible, thereafter be pro rata in accordance with such Lender's Percentage Share. The Canadian Agent is authorized by each Canadian Borrower and each Lender to determine, in its sole and unfettered discretion, the portion of each Canadian Advance and each Type of Canadian Advance to be made available by each Canadian Lender and the application of repayments and reductions of Canadian Advances to give effect to the provisions of this Section, provided that no Lender shall, as a result of any such determination, have a Percentage Share of the Canadian Advances which is in excess of its Percentage Share of the Canadian Maximum Credit Amount. (ii) In the event it is not practicable to allocate Canadian Bankers’ ' Acceptances to each Canadian Bank Lender such that the aggregate amount of Canadian Bankers’ ' Acceptances required to be purchased by such Canadian Bank Lender hereunder is in a whole multiple of C$C $100,000, the Canadian Administrative Agent is authorized by the each Canadian Borrower and each Canadian Bank Lender to make such allocation as the Canadian Administrative Agent determines in its sole and unfettered discretion may be equitable in the circumstances and, if the aggregate amount of such Canadian Bankers’ ' Acceptances is not a whole multiple of C$C $100,000, then the Canadian Administrative Agent may allocate (on a basis considered by it to be equitable) the excess of such Canadian Bankers’ Acceptances Advance over the next lowest whole multiple of C$C $100,000 to one Canadian BankLender, which shall purchase a Canadian Bankers’ ' Acceptance with a face amount equal to the excess and having the same term as the corresponding Canadian Bankers’ ' Acceptances. In no event shall the portion of the outstanding Canadian Borrowings by way of Canadian Bankers’ ' Acceptances of a Canadian Bank Lender exceed such Canadian Bank’s Pro Rata Lenders' Percentage Share of the aggregate Canadian Aggregate Borrowings by way of Canadian Bankers’ ' Acceptances by more than C$C $100,000 as a result of such exercise of discretion by the Canadian Administrative Agent. (B) If during the term of any Canadian Bankers’ Acceptance accepted by a Canadian Bank hereunder the Canadian Stamping Fee Rate changes as a result of a change in the Applicable Margin or an Event of Default occurs and is continuing, the fee paid to such Canadian Bank by the Canadian Borrower pursuant to Section 2A.3(c) (in this paragraph called the “Initial Fee”) with respect to such Canadian Bankers’ Acceptance shall be recalculated based upon such change in the Canadian Stamping Fee Rate or the existence of such Event of Default for the number of days during the term of such Canadian Bankers’ Acceptance that such change is applicable or such Event of Default exists. If such recalculated amount is in excess of the Initial Fee then the Canadian Borrower shall pay to such Canadian Bank the amount of such excess, and if such recalculated amount is less than the Initial Fee, then the amount of such reduction shall be credited to other amounts payable by the Canadian Borrower to such Canadian Bank.

Pro-Rata Treatment of Canadian Advances. (Ai) Each Canadian Advance shall be made available by each Canadian Lender and all repayments and reductions in respect thereof shall be made and applied in a manner so that the Canadian Advances outstanding hereunder to each Canadian Lender will, to the extent possible, thereafter be pro rata in accordance with such Canadian Lender's Canadian Percentage Share. The Canadian Administrative Agent is authorized by Canadian Borrowers and each Canadian Lender to determine, in its sole and unfettered discretion, the portion of each Canadian Advance and each Type of Canadian Advance to be made available by each Canadian Lender to such Canadian Borrower and the application of repayments and reductions of Canadian Advances to give effect to the provisions of this section, provided that no Canadian Lender shall, as a result of any such determination, have a Canadian Percentage Share of the aggregate Canadian Advances which is in excess of its Canadian Percentage Share of the Canadian Total Committed Amount. (ii) In the event it is not practicable to allocate Canadian Bankers’ ' Acceptances to each Canadian Bank Lender such that the aggregate amount of Canadian Bankers’ ' Acceptances required to be purchased by such Canadian Bank Lender hereunder is in a whole multiple of C$100,000, the Canadian Administrative Agent is authorized by the each Canadian Borrower and each Canadian Bank Lender to make such allocation as the Canadian Administrative Agent determines in its sole and unfettered discretion may be equitable in the circumstances and, if the aggregate amount of such Canadian Bankers’ ' Acceptances is not a whole multiple of C$100,000, then the Canadian Administrative Agent may allocate (on a basis considered by it to be equitable) the excess of such Canadian Bankers’ Acceptances Advance over the next lowest whole multiple of C$100,000 to one Canadian BankLender, which shall purchase a Canadian Bankers’ ' Acceptance with a face amount equal to the excess and having the same term as the corresponding Canadian Bankers’ ' Acceptances. In no event shall the portion of the outstanding Canadian Borrowings by way of Canadian Bankers’ ' Acceptances of a Canadian Bank Lender exceed such Canadian Bank’s Pro Rata Lenders' Canadian Percentage Share of the aggregate Canadian Borrowings by way of Canadian Bankers’ ' Acceptances by more than C$100,000 as a result of such exercise of discretion by the Canadian Administrative Agent. (B) If during the term of any Canadian Bankers’ Acceptance accepted by a Canadian Bank hereunder the Canadian Stamping Fee Rate changes as a result of a change in the Applicable Margin or an Event of Default occurs and is continuing, the fee paid to such Canadian Bank by the Canadian Borrower pursuant to Section 2A.3(c) (in this paragraph called the “Initial Fee”) with respect to such Canadian Bankers’ Acceptance shall be recalculated based upon such change in the Canadian Stamping Fee Rate or the existence of such Event of Default for the number of days during the term of such Canadian Bankers’ Acceptance that such change is applicable or such Event of Default exists. If such recalculated amount is in excess of the Initial Fee then the Canadian Borrower shall pay to such Canadian Bank the amount of such excess, and if such recalculated amount is less than the Initial Fee, then the amount of such reduction shall be credited to other amounts payable by the Canadian Borrower to such Canadian Bank.

Pro-Rata Treatment of Canadian Advances. (A) In the event it is not practicable to allocate Canadian Bankers’ ' Acceptances to each Canadian Bank such that the aggregate amount of Canadian Bankers’ ' Acceptances required to be purchased by such Canadian Bank hereunder is in a whole multiple of C$100,000, the Canadian Administrative Agent is authorized by the Canadian Borrower and each Canadian Bank to make such allocation as the Canadian Administrative Agent determines in its sole and unfettered discretion may be equitable in the circumstances and, if the aggregate amount of such Canadian Bankers’ ' Acceptances is not a whole multiple of C$100,000, then the Canadian Administrative Agent may allocate (on a basis considered by it to be equitable) the excess of such Canadian Bankers’ ' Acceptances over the next lowest whole multiple of C$100,000 to one Canadian Bank, which shall purchase a Canadian Bankers’ ' Acceptance with a face amount equal to the excess and having the same term as the corresponding Canadian Bankers’ ' Acceptances. In no event shall the portion of the outstanding Canadian Borrowings by way of Canadian Bankers’ ' Acceptances of a Canadian Bank exceed such Canadian Bank’s 's Pro Rata Share of the aggregate Canadian Borrowings by way of Canadian Bankers’ ' Acceptances by more than C$100,000 as a result of such exercise of discretion by the Canadian Administrative Agent. (B) If during the term of any Canadian Bankers’ ' Acceptance accepted by a Canadian Bank hereunder the Canadian Stamping Fee Rate changes as a result of a change in the Applicable Margin or an Event of Default occurs and is continuing, the fee paid to such Canadian Bank by the Canadian Borrower pursuant to Section 2A.3(c) (in this paragraph called the “"Initial Fee”") with respect to such Canadian Bankers’ ' Acceptance shall be recalculated based upon such change in the Canadian Stamping Fee Rate or the existence of such Event of Default for the number of days during the term of such Canadian Bankers’ ' Acceptance that such change is applicable or such Event of Default exists. If such recalculated amount is in excess of the Initial Fee then the Canadian Borrower shall pay to such Canadian Bank the amount of such excess, and if such recalculated amount is less than the Initial Fee, then the amount of such reduction shall be credited to other amounts payable by the Canadian Borrower to such Canadian Bank.