Reimbursements of Amounts Drawn. (1) At or before 10:00 a.m. (Toronto time) on the earlier of (i) the date specified by a beneficiary thereof (a "BENEFICIARY") as a drawing date under a Letter of Credit; and (ii) the last day of the Term of Facility A, the Borrower shall pay to the Issuing Lender an amount in same day funds equal to the amount to be drawn by the Beneficiary in Canadian Dollars. (2) If the Borrower fails to pay to the Issuing Lender an amount, in same day funds, equal to the amount of such drawing, then (i) the Borrower shall be deemed to have given a Borrowing Notice to the Administrative Agent, requesting a Prime Rate Advance under Facility A in an amount equal to the amount of such drawing; (ii) the Facility A Lenders shall, on the date of such drawing, make such Prime Rate Advance, rateably under Facility A; and (iii) the Administrative Agent shall pay the proceeds thereof to the Issuing Lender as reimbursement for the amount of such drawing. (3) Each Facility A Lender shall be required to make the Prime Rate Advances referred to in Section 5.02(2) notwithstanding (i) the amount of the Prime Rate Advance in question may not comply with the minimum amount required for Advances hereunder; (ii) whether any conditions specified in Article 6 are then satisfied; (iii) whether a Default has occurred and is continuing or whether an Event of Default has occurred; (iv) the date of such Prime Rate Advance; (v) any reduction in the Facility A Commitment; (vi) any set-off, counterclaim, recoupment, defense or other right which such Lender may have against the Issuing Lender, the Borrower or any other Person for any reason whatsoever; (vii) whether the Facility A Commitment has been, or, after the making of such Prime Rate Advance, will be, exceeded; and (viii) any other occurrence, event or condition, whether or not similar to any of the foregoing.
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Samples: Credit Agreement (Sun Media Corp)
Reimbursements of Amounts Drawn. (1) At or before 10:00 a.m. (Toronto time) on the earlier of (i) the date specified of any payment by a beneficiary thereof (a "BENEFICIARY") as a drawing date the Issuing Lender under a Letter of Credit; and (ii) the last day of the Term of Facility Athe Revolving Facility, the Borrower shall pay to the Issuing Lender Lender, through the Administrative Agent, an amount in same day funds equal to the amount to be drawn by the Beneficiary in Canadian Dollars or US Dollars.
(2) If the Borrower fails to pay to the Issuing Lender an amount, in same day funds, equal to the amount of such drawing, then (i) the Borrower shall be deemed to have given a Borrowing Notice to the Administrative Agent, requesting a Prime Rate Advance (if the applicable Letter of Credit is denominated in C$) or a US Prime Rate Advance (if the applicable Letter of Credit is denominated in US$) under the Revolving Facility A in an amount equal to the amount of such drawing; (ii) the Facility A Revolving Lenders shall, on the date of such drawing, make such Prime Rate Advance or US Prime Rate Advance, rateably ratably under Facility Athe Revolving Facility; and (iii) the Administrative Agent shall pay the proceeds thereof to the Issuing Lender as reimbursement for the amount of such drawing.
(3) Each Facility A Revolving Lender shall be required to make the Prime Rate Advances referred to in Section 5.02(2) notwithstanding (i) the amount of the Prime Rate Advance in question may not comply with the minimum amount required for Advances hereunder; (ii) whether any conditions specified in Article 6 are then satisfied; (iii) whether a Default has occurred and is continuing or whether an Event of Default has occurred; (iv) the date of such Prime Rate Advance; (v) any reduction in the Facility A Revolving Commitment; (vi) any set-off, counterclaim, recoupment, defense or other right which such Lender may have against the Issuing Lender, the Borrower or any other Person for any reason whatsoever; (vii) whether the Facility A Revolving Commitment has been, or, after the making of such Prime Rate Advance, will be, exceeded; and (viii) any other occurrence, event or condition, whether or not similar to any of the foregoing.
Appears in 1 contract
Reimbursements of Amounts Drawn. (1) At or before 10:00 a.m. (Toronto time) on the earlier of (i) the date specified by a beneficiary thereof (a "BENEFICIARY") Beneficiary as a drawing date under a Letter of Documentary Credit; and (ii) the last day of the Term of Facility A, the Borrower SGC shall pay to the Issuing Documentary Credit Lender an amount in same day funds equal to the amount to be drawn by the Beneficiary in Canadian Dollarsthe currency in which the Documentary Credit is payable.
(2) If the Borrower SGC fails to pay to the Issuing Lender Agent an amount, in same day funds, equal to the amount of such drawing, then (i) the Borrower SGC shall be deemed to have given a Borrowing Notice to the Administrative Agent, requesting a Canadian Prime Rate Advance or a Base Rate (Canada) Advance, as the case may be under the Operating Facility A based upon the amount and currency required on the date on which such drawing is honoured in an amount equal to the amount of such drawing; (ii) the Facility A Operating Lenders shall, shall on the date of such drawing, make such Canadian Prime Rate AdvanceAdvance or Base Rate (Canada) Advance to SGC, as applicable, rateably under Facility Athe Operating Facility; and (iii) the Administrative Agent shall pay the proceeds thereof to the Issuing Documentary Credit Lender as reimbursement for the amount of such drawing.
(3) Each Facility A Operating Lender shall be required to make the Prime Rate Advances referred to in Section 5.02(25.04(2) notwithstanding (i) the amount of the Prime Rate Advance in question may not comply with the minimum amount required for Advances Borrowings hereunder; (ii) whether any conditions specified in Article 6 are then satisfied; (iii) whether a Default or Event of Default has occurred and is continuing or whether an Event of Default has occurredcontinuing; (iv) the date of such Prime Rate Advance; (v) any reduction in the Facility A Operating Commitment; and (vi) any set-off, counterclaim, recoupment, defense or other right which such Lender may have against the Issuing Lender, the Borrower or any other Person for any reason whatsoever; (vii) whether the Facility A Operating Commitment has been, or, after the making of such Prime Rate Advance, will be, exceeded; and (viii) any other occurrence, event or condition, whether or not similar to any of the foregoing.
Appears in 1 contract
Reimbursements of Amounts Drawn. (1) At or before 10:00 a.m. (Toronto time) on the earlier of (i) the date specified by a beneficiary thereof (a "BENEFICIARY") Beneficiary as a drawing date under a Letter of Documentary Credit; and (ii) , subject to the last day of the Term of Facility Anext following sentence, the Borrower shall pay to the Issuing Documentary Credit Lender an amount in same day funds equal to the amount to be drawn by the Beneficiary in Canadian Dollarsthe currency in which the Documentary Credit is payable (the "Amount Drawn"). To the extent that amounts are held by the Administrative Agent in the Documentary Credit Account pursuant to Section 5.07(1) or Section 5.07(2) in respect of such Documentary Credit, the Administrative Agent shall pay the Amount Drawn to the Documentary Credit Lender at or before 10:00 a.m. (Toronto time) on the date specified by the Beneficiary as a drawing under such Documentary Credit.
(2) If the Borrower fails to pay to the Issuing Documentary Credit Lender is not paid an amount, in same day funds, equal to the amount of such drawingAmount Drawn in accordance with Section 5.04(1), then (i) the Borrower shall be deemed to have given a Borrowing Notice to the Administrative Agent, requesting a Canadian Prime Rate Advance or a Base Rate (Canada) Advance, as the case may be under the Operating Facility A based upon the amount and currency required on the date on which such drawing is honoured in an amount equal to the amount of such drawing; (ii) the Facility A Operating Lenders shall, shall on the date of such drawing, make such Canadian Prime Rate AdvanceAdvance or Base Rate (Canada) Advance to the Borrower, as applicable, rateably under Facility Athe Operating Facility; and (iii) the Administrative Agent shall pay the proceeds thereof to the Issuing Documentary Credit Lender as reimbursement for the amount of such drawing.
(3) Each Facility A Operating Lender shall be required to make the Prime Rate Advances referred to in Section 5.02(25.04(2) notwithstanding (i) the amount of the Prime Rate Advance in question may not comply with the minimum amount required for Advances Borrowings hereunder; (ii) whether any conditions specified in Article 6 are then satisfied; (iii) whether a Default or Event of Default has occurred and is continuing or whether an Event of Default has occurredcontinuing; (iv) the date of such Prime Rate Advance; (v) any reduction in the Facility A Operating Commitment; and (vi) any set-off, counterclaim, recoupment, defense or other right which such Lender may have against the Issuing Lender, the Borrower or any other Person for any reason whatsoever; (vii) whether the Facility A Operating Commitment has been, or, after the making of such Prime Rate Advance, will be, exceeded; and (viii) any other occurrence, event or condition, whether or not similar to any of the foregoing.
Appears in 1 contract
Samples: Credit Agreement (Marsulex Inc)