Common use of Procedure with respect to Advances Clause in Contracts

Procedure with respect to Advances. Subject to the applicable provisions of this Agreement, upon receipt of a Notice of Borrowing from the Borrower, the Agent shall, without delay, advise each Lender of the receipt of such notice, of the Drawdown Date, of its Applicable Percentage of the amount of such Advance and of the relevant details of the Agent’s account(s). Subject to the applicable provisions of this Agreement, each Lender shall disburse its Applicable Percentage of each Advance, and shall make it available to the Agent (no later than 10:00 a.m.) on the Drawdown Date, by depositing its Applicable Percentage of the Advance in the Agent’s account in the applicable currency, as the case may be. The Agent will make such amounts available to the Borrower on the Drawdown Date, at the Branch, and, in the absence of other arrangements made in writing between the Agent and the Borrower, by transferring or causing to be transferred an equivalent amount in the case of a Prime Rate Advance, US Base Rate Advance, Libor Advance and the Available Proceeds in the case of Bankers’ Acceptances, in accordance with the instructions of the Borrower which appear in the Notice of Borrowing with respect to each Advance; however, the obligation of the Agent with respect hereto is limited to taking the steps judged commercially reasonable in order to follow such instructions, and once undertaken, such steps shall constitute prima facie evidence that the amounts have been disbursed in accordance with the applicable provisions. Subject to the foregoing sentence, the Agent shall not be liable for damages, claims or costs imputed to the Borrower and resulting from the fact that the amount of an Advance did not arrive at its agreed-upon destination.

Procedure with respect to Advances. Subject to the applicable provisions of this Agreement, upon receipt of a Notice of Borrowing from the Borrower, the Agent shall, without delay, advise each Lender of the receipt of such notice, of the Drawdown Datedate of such Advance, of its Applicable Percentage proportionate share of the amount of such each Advance and of the relevant details of the Agent’s account(s). Subject to the applicable provisions of this Agreement, each Each Lender shall disburse its Applicable Percentage proportionate share of each Advance, taking into account its Commitment, and shall make it available to the Agent (no later than 10:00 a.m.A.M.) on the Drawdown Datedate of the Advance fixed by the Borrower, by depositing its Applicable Percentage proportionate share of the Advance in the Agent’s account in the applicable currencyCanadian Dollars or US Dollars, as the case may be. The Once the Borrower has fulfilled the conditions stipulated in this Agreement, the Agent will make such amounts available to the Borrower on the Drawdown Datedate of the Advance, at the Branch, and, in the absence of other arrangements made in writing between the Agent and the Borrower, by transferring or causing to be transferred an equivalent amount in the case of a Prime Rate direct Advance, US Base Rate Advance, Libor Advance and the Available Proceeds (as defined in subsection 6.2.4 (d)) in the case of Bankers’ Banker’s Acceptances, in accordance with the instructions of the Borrower which appear in the Notice of Borrowing with respect to each Advance; however, the obligation of the Agent with respect hereto is limited to taking the steps judged commercially reasonable in order to follow such instructions, and once undertaken, such steps shall constitute prima facie conclusive evidence that the amounts have been disbursed in accordance with the applicable provisions. Subject to the foregoing sentence, the The Agent shall not be liable for damages, claims or costs imputed to the Borrower and resulting from the fact that the amount of an Advance did not arrive at its agreed-upon destination.

Procedure with respect to Advances. Subject to the applicable provisions of this Agreement, upon receipt of a Notice of Borrowing from the Borrower, the Agent shall, without delay, advise each Lender of the receipt of such notice, of the Drawdown Datedate of such Advance, of its Applicable Percentage proportionate share of the amount of such each Advance and of the relevant details of the Agent’s account(s). Subject to the applicable provisions of this Agreement, each Each Lender shall disburse its Applicable Percentage proportionate share of each Advance, taking into account its Commitment, and shall make it available to the Agent (no later than 10:00 a.m.A.M.) on the Drawdown Datedate of the Advance fixed by the Borrower, by depositing its Applicable Percentage proportionate share of the Advance in the Agent’s account in the applicable currencyCanadian Dollars or US Dollars, as the case may be. The Once the Borrower has fulfilled the conditions stipulated in this Agreement, the Agent will make such amounts available to the 105. Borrower on the Drawdown Datedate of the Advance, at the Branch, and, in the absence of other arrangements made in writing between the Agent and the Borrower, by transferring or causing to be transferred an equivalent amount in the case of a Prime Rate direct Advance, US Base Rate Advance, Libor Advance and the Available Proceeds (as defined in subsection 6.2.4(d)) in the case of Bankers’ Banker’s Acceptances, in accordance with the instructions of the Borrower which appear in the Notice of Borrowing with respect to each Advance; however, the obligation of the Agent with respect hereto is limited to taking the steps judged commercially reasonable in order to follow such instructions, and once undertaken, such steps shall constitute prima facie conclusive evidence that the amounts have been disbursed in accordance with the applicable provisions. Subject to the foregoing sentence, the The Agent shall not be liable for damages, claims or costs imputed to the Borrower and resulting from the fact that the amount of an Advance did not arrive at its agreed-upon destination.

Procedure with respect to Advances. Subject to the applicable provisions of this Agreement, upon receipt of a Notice of Borrowing from the Borrower, the Agent shall, without delay, advise each Lender of the receipt of such notice, of the Drawdown Datedate of such Advance, of its Applicable Percentage proportionate share of the amount of such each Advance and of the relevant details of the Agent’s 's account(s). Subject to the applicable provisions of this Agreement, each Each Lender shall disburse its Applicable Percentage proportionate share of each Advance, taking into account its Commitment, and shall make it available to the Agent (no later than 10:00 a.m.A.M.) on the Drawdown Datedate of the Advance fixed by the Borrower, by depositing its Applicable Percentage proportionate share of the Advance in the Agent’s 's account in the applicable currencyCanadian Dollars or US Dollars, as the case may be. The Once the Borrower has fulfilled the conditions stipulated in this Agreement, the Agent will make such amounts available to the Borrower on the Drawdown Datedate of the Advance, at the Branch, and, in the absence of other arrangements made in writing between the Agent and the Borrower, by transferring or causing to be transferred an equivalent amount in the case of a Prime Rate direct Advance, US Base Rate Advance, Libor Advance and the Available Proceeds (as defined in subsection 6.2.3 (d)) in the case of Bankers’ Banker's Acceptances, in accordance with the instructions of the Borrower which appear in the Notice of Borrowing with respect to each Advance; however, the obligation of the Agent with respect hereto is limited to taking the steps judged commercially reasonable in order to follow such instructions, and once undertaken, such steps shall constitute prima facie conclusive evidence that the amounts have been disbursed in accordance with the applicable provisions. Subject to the foregoing sentence, the The Agent shall not be liable for damages, claims or costs imputed to the Borrower and resulting from the fact that the amount of an Advance did not arrive at its agreed-upon destination.

Procedure with respect to Advances. Subject to the applicable provisions of this Agreement, including those with respect to Swing Line Advances, upon receipt of a Notice of Borrowing from the a Borrower, the Agent shall, without delay, advise each Lender of the receipt of such notice, of the Drawdown Date, and of its Applicable Percentage proportionate share of the amount of such each Advance and of the relevant details of the Agent’s 's account(s). Subject to the applicable provisions of this Agreement, each Each Lender shall disburse its Applicable Percentage proportionate share of each Advance, taking into account its Commitment, and shall make it available to the Agent (no later than 10:00 a.m.) on the Drawdown Datedate of the Advance fixed by such Borrower, by depositing its Applicable Percentage proportionate share of the Advance in the Agent’s 's account in the applicable currencyCanadian Dollars or US Dollars, as the case may be. The Once such Borrower has fulfilled the conditions stipulated in this Agreement, the Agent will make such amounts available to the such Borrower on the Drawdown Datedate of the Advance, at the Branch, and, in the absence of other arrangements made in writing between the Agent and the such Borrower, by transferring or causing to be transferred an equivalent amount in the case of a Prime Rate AdvanceLoan, US Base Rate Advance, Libor Advance and the Available Proceeds (as defined in subsection 6.2.3(d)) in the case of Bankers’ ' Acceptances, in accordance with the instructions of the such Borrower which appear in the Notice of Borrowing with respect to each the Advance; however, the obligation of the Agent with respect hereto is limited to taking the steps judged commercially reasonable in order to follow such instructions, and once undertaken, such steps shall constitute prima facie conclusive evidence that the amounts have been disbursed in accordance with the applicable provisions. Subject to In the foregoing sentenceabsence of its gross negligence or willful misconduct, the Agent shall not be liable for damages, claims or costs imputed to the such Borrower and resulting from the fact that the amount of an Advance did not arrive at its agreed-upon destination.

Procedure with respect to Advances. Subject to the applicable provisions of this Agreement, upon receipt of a Notice of Borrowing Advance (in the form of Schedule D) from the Borrower, the Agent shall, without delay, advise each Lender of the receipt of such notice, of the Drawdown Datedate of such Advance, of its Applicable Percentage of the amount of such Advance and of the relevant details of the Agent’s account(s). Subject to the applicable provisions of this Agreement, each Each Lender shall disburse its Applicable Percentage of each Advance, taking into account its Commitment, and shall make it available to the Agent (no later than 10:00 a.m.A.M. (EST)) on the Drawdown Datedate of the Advance fixed by the Borrower, by depositing its Applicable Percentage of the Advance in the Agent’s account 's account. Once the Borrower has fulfilled the conditions stipulated in this Agreement, the applicable currency, as the case may be. The Agent will make such amounts available to the Borrower on the Drawdown Datedate of the Advance, at the BranchBranch of Account, and, in the absence of other arrangements made in writing between the Agent and the Borrower, by transferring or causing to be transferred an equivalent amount in the case of a Prime Rate Advance, US Base Rate Advance, Libor an Advance and the Available Proceeds in the case of Bankers’ Acceptances, in accordance with the instructions of the Borrower which appear in the Notice of Borrowing Advance with respect to each Advance; however, the obligation of the Agent with respect hereto is limited to taking the steps judged commercially reasonable in order to follow such instructions, and once undertaken, such steps shall constitute prima facie conclusive evidence that the amounts have been disbursed in accordance with the applicable provisions. Subject to the foregoing sentence, the The Agent shall not be liable for damages, claims or costs imputed to the Borrower and resulting from the fact that the amount of an Advance did not arrive at its agreed-upon destination.

Procedure with respect to Advances. Subject to the applicable provisions of this Agreement, including those with respect to Swing Line Advances, upon receipt of a Notice of Borrowing from the Borrower, the Agent shall, without delay, advise each Lender of the receipt of such notice, of the Drawdown Datedate of such Advance, of its Applicable Percentage proportionate share of the amount of such Advance and of the relevant details of the Agent’s 's account(s). Subject to the applicable provisions of this Agreement, each Each Lender shall disburse its Applicable Percentage proportionate share of each Advance, taking into account its Commitment, and shall make it available to the Agent (no later than 10:00 a.m.A.M.) on the Drawdown Datedate of the Advance fixed by the Borrower, by depositing its Applicable Percentage proportionate share of the Advance in the Agent’s 's account in the applicable currencyCanadian Dollars or US Dollars, as the case may be. The Once the Borrower has fulfilled the conditions stipulated in this Agreement, the Agent will make such amounts available to the Borrower on the Drawdown Datedate of the Advance, at the Branch, and, in the absence of other arrangements made in writing between the Agent and the Borrower, by transferring or causing to be transferred an equivalent amount in the case of a Prime Rate AdvanceLoan, US Base Rate Advance, Libor Advance and the Available Proceeds (as defined in subsection 6.2.3(d)) in the case of Bankers’ Banker's Acceptances, in accordance with the instructions of the Borrower which appear in the Notice of Borrowing with respect to each Advance; however, the obligation of the Agent with respect hereto is limited to taking the steps judged commercially reasonable in order to follow such instructions, and once undertaken, such steps shall constitute prima facie conclusive evidence that the amounts have been disbursed in accordance with the applicable provisions. Subject to the foregoing sentence, the The Agent shall not be liable for damages, claims or costs imputed to the Borrower and resulting from the fact that the amount of an Advance did not arrive at its agreed-upon destination. In any case where a Termed-Out Lender exists, on the Conversion Date applicable to such Termed-Out Lender, the Agent shall have the right to reallocate the type of Advances attributable to each of the Lenders, including such Termed-Out Lender, so as to minimize, to the extent possible, the Termed-Out Lender's Advances by Letter of Credit on the Conversion Date. Any portion of an Advance by Letter of Credit which, following such reallocation, remains a Loan owing to such Termed-Out Lender will, if undrawn and canceled or expired, reduce the Commitment of the Termed-Out Lender by an amount equal to the amount of its portion of the Letter of Credit so canceled or expired.

Procedure with respect to Advances. Subject to the applicable provisions of this Agreement, upon receipt of a Notice of Borrowing Advance (in the form of Schedule D) from the Borrower, the Agent shall, without delay, advise each Lender of the receipt of such notice, of the Drawdown Datedate of such Advance, of its Applicable Percentage of the amount of such Advance and of the relevant details of the Agent’s account(s). Subject to the applicable provisions of this Agreement, each Each Lender shall disburse its Applicable Percentage of each Advance, taking into account its Commitment, and shall make it available to the Agent (no later than 10:00 a.m.A.M. (EST)) on the Drawdown Datedate of the Advance fixed by the Borrower, by depositing its Applicable Percentage of the Advance in the Agent’s account account. Once the Borrower has fulfilled the conditions stipulated in this Agreement, the applicable currency, as the case may be. The Agent will make such amounts available to the Borrower on the Drawdown Datedate of the Advance, at the BranchBranch of Account, and, in the absence of other arrangements made in writing between the Agent and the Borrower, by transferring or causing to be transferred an equivalent amount in the case of a Prime Rate Advance, US Base Rate Advance, Libor an Advance and the Available Proceeds in the case of Bankers’ Acceptances, in accordance with the instructions of the Borrower which appear in the Notice of Borrowing Advance with respect to each Advance; however, the obligation of the Agent with respect hereto is limited to taking the steps judged commercially reasonable in order to follow such instructions, and once undertaken, such steps shall constitute prima facie conclusive evidence that the amounts have been disbursed in accordance with the applicable provisions. Subject to the foregoing sentence, the The Agent shall not be liable for damages, claims or costs imputed to the Borrower and resulting from the fact that the amount of an Advance did not arrive at its agreed-upon destination.

Procedure with respect to Advances. Subject to the applicable provisions of this Agreement, upon receipt of a Notice of Borrowing from the Borrower, the Agent shall, without delay, advise each Lender of the receipt of such notice, of the Drawdown Datedate of such Advance, of its Applicable Percentage proportionate share of the amount of such each Advance and of the relevant details of the Agent’s 's account(s). Subject to the applicable provisions of this Agreement, each Each Lender shall disburse its Applicable Percentage proportionate share of each Advance, taking into account its Commitment, and shall make it available to the Agent (no later than 10:00 a.m.A.M.) on the Drawdown Datedate of the Advance fixed by the Borrower, by depositing its Applicable Percentage proportionate share of the Advance in the Agent’s 's account in the applicable currencyCanadian Dollars or US Dollars, as the case may be. The Once the Borrower has fulfilled the conditions stipulated in this Agreement, the Agent will make such amounts available to the Borrower on the Drawdown Datedate of the Advance, at the Branch, and, in the absence of other arrangements made in writing between the Agent and the Borrower, by transferring or causing to be transferred an equivalent amount in the case of a Prime Rate direct Advance, US Base Rate Advance, Libor Advance and the Available Proceeds (as defined in subsection 6.2.4 (d)) in the case of Bankers’ Banker's Acceptances, in accordance with the instructions of the Borrower which appear in the Notice of Borrowing with respect to each Advance; however, the obligation of the Agent with respect hereto is limited to taking the steps judged commercially reasonable in order to follow such instructions, and once undertaken, such steps shall constitute prima facie conclusive evidence that the amounts have been disbursed in accordance with the applicable provisions. Subject to the foregoing sentence, the The Agent shall not be liable for damages, claims or costs imputed to the Borrower and resulting from the fact that the amount of an Advance did not arrive at its agreed-upon destination.