Remittance of Payments. Except for amounts payable to the Agent or the Operating Facility Lender for its own account and except where this Agreement otherwise requires or contemplates payments to be made on a non-Pro Rata Basis, forthwith after receipt of any repayment of principal, interest or fees pursuant hereto, the Agent shall remit to the Designated Lending Branch of each Lender its Pro Rata Share of such payment; provided that, if the Agent, on the assumption that it will receive on any particular date a payment of principal, interest or fees hereunder, remits to a Lender its share of such payment and the Borrower fails to make such payment, each of the Lenders on receipt of such remittance from the Agent agrees to repay to the Agent forthwith on demand an amount equal to the remittance together with all reasonable costs and expenses incurred by the Agent in connection therewith and interest thereon at the rate and calculated in the manner customarily applicable to interbank payments for each day from the date such amount is remitted to the Lenders without prejudice to any right such Lender may have against the Borrower. The exact amount of the repayment required to be made by the Lenders pursuant hereto shall be as set forth in a certificate delivered by the Agent to each Lender, which certificate shall be conclusive and binding for all purposes in the absence of manifest error.
Appears in 3 contracts
Samples: Credit Agreement (Bellatrix Exploration Ltd.), Credit Agreement (Bellatrix Exploration Ltd.), Credit Agreement (Bellatrix Exploration Ltd.)
Remittance of Payments. Except for amounts payable If from time to time the Agent or the Operating Facility Lender for its own account and except where this Agreement otherwise requires or contemplates payments to be made on a non-Pro Rata Basis, forthwith after receipt of accepts any repayment payment of principal, interest interest, fees or fees pursuant heretoother amounts due under this Agreement for the benefit of the Lenders, then forthwith after its receipt of such payment the Agent shall remit to the Designated Lending Branch of each Lender its Lender, in immediately available funds, such Lender’s Pro Rata Share of such payment; provided that, that if the Agent, on the assumption that it will receive receive, on any particular date date, a payment of principalprincipal (including, interest a prepayment), interest, fees or fees hereunderother amount under the Facility, remits to a each Lender its share Pro Rata Share of such payment and the Borrower fails to make such payment, each of the Lenders on receipt of such remittance from the Agent Lender agrees to repay to the Agent Agent, forthwith on demand an amount equal demand, to the remittance together with all extent that such amount is not recovered from the Borrower on demand and after reasonable costs and expenses incurred efforts by the Agent to collect such amount (without in connection therewith and any way obligating the Agent to take any legal action with respect to such collection), such Lender’s Pro Rata Share of the payment made to it pursuant hereto together with interest thereon at the rate and applicable to the Facility, calculated in the manner customarily applicable to interbank payments accordance with Section 2.4 for each day from the date such amount is remitted to the Lenders without prejudice Lender until the date such amount is paid or repaid to any right such Lender may have against the Borrower. The Agent, the exact amount of the repayment required to be made by the Lenders Lender pursuant hereto shall to be as set forth in a certificate delivered by the Agent to each Lender, which certificate shall be conclusive and binding for all purposes in the absence constitute prima facie evidence of manifest errorsuch amount of repayment.
Appears in 2 contracts
Samples: Credit Agreement (Platinum Group Metals LTD), Second Lien Credit Agreement (Platinum Group Metals LTD)
Remittance of Payments. Except for amounts payable to the Agent or the Operating Facility Lender for its own account and except where this Agreement otherwise requires or contemplates payments subject to be made on a non-Pro Rata BasisSection 2.23, forthwith after receipt of any repayment pursuant hereto or payment of principal, interest or fees pursuant heretoto Article 5 or payment pursuant to Article 7, the Agent shall remit to the Designated Lending Branch of each Lender its Pro Rata Share Rateable Portion of such payment; provided that, if the Agent, on the assumption that it will receive on any particular date a payment of principal, interest or fees hereunder, remits to a Lender its share Rateable Portion of such payment and the Borrower fails to make such payment, each of the Lenders on receipt of such remittance from the Agent agrees to repay to the Agent forthwith on demand an amount equal to the remittance together with all reasonable costs and expenses incurred by the Agent in connection therewith and interest thereon at the rate and calculated in the manner customarily applicable to interbank payments the Loan in respect of which such payment is made, or, in the case of a remittance in respect of Bankers’ Acceptances, at the rate of interest applicable to Canadian Prime Rate Loans for each day from the date such amount is remitted to the Lenders without prejudice to any right such Lender may have against the Borrower. The exact amount of the repayment required to be made by the Lenders pursuant hereto shall be as set forth in a certificate delivered by the Agent to each Lender, which certificate shall be conclusive and binding for all purposes in the absence of manifest error.
Appears in 1 contract
Samples: Credit Agreement (Enbridge Inc)
Remittance of Payments. Except for amounts payable to the Agent or the Operating Facility Lender for its own account and except where this Agreement otherwise requires or contemplates payments to be made on a non-Pro Rata Basis, forthwith after receipt of any repayment of principal, interest or fees pursuant hereto, the Agent shall remit to the Designated Lending Branch of each Lender its Pro Rata Share of such paymentpayment (or, if Section 6.1 applies, the applicable Lender's share of such payment as specified in such Section); provided that, if the Agent, on the assumption that it will receive on any particular date a payment of principal, interest or fees hereunder, remits to a Lender its share of such payment and the Borrower fails to make such payment, each of the Lenders on receipt of such remittance from the Agent agrees to repay to the Agent forthwith on demand an amount equal to the remittance together with all reasonable costs and expenses incurred by the Agent in connection therewith and interest thereon at the rate and calculated in the manner customarily applicable to interbank payments for each day from the date such amount is remitted to the Lenders without prejudice to any right such Lender may have against the Borrower. The exact amount of the repayment required to be made by the Lenders pursuant hereto shall be as set forth in a certificate delivered by the Agent to each Lender, which certificate shall be conclusive and binding for all purposes in the absence of manifest error.
Appears in 1 contract
Remittance of Payments. Except for amounts payable to the Agent or for its own account, to the Operating Facility Fronting Lender for its own account and except where this Agreement otherwise requires or contemplates payments to be made on a non-Pro Rata Basisthe Swing Line Lender for its own account, forthwith after receipt of any repayment pursuant hereto or payment of principal, interest or fees pursuant heretoto Article 4 or payment pursuant to ARTICLE 7, the Agent shall remit to the Designated Lending Branch of each Lender its Pro Rata Share of such payment; provided that, if the Agent, on the assumption that it will receive on any particular date a payment of principal, interest or fees hereunder, remits to a Lender its share Pro Rata Share of such payment and the Borrower fails to make such payment, each of the Lenders on receipt of such remittance from the Agent agrees to repay to the Agent forthwith on demand an amount equal to the remittance together with all reasonable costs and expenses incurred by the Agent in connection therewith and interest thereon at the rate and calculated in the manner customarily applicable to interbank payments the Loan in respect of which such payment is made, or, in the case of a remittance in respect of Bankers’ Acceptances, at the rate of interest applicable to Prime Loans for each day from the date such amount is remitted to the Lenders without prejudice to any right such Lender may have against the Borrower. The exact amount of the repayment required to be made by the Lenders pursuant hereto shall be as set forth in a certificate delivered by the Agent to each Lender, which certificate shall be conclusive and binding for all purposes in the absence of manifest error.
Appears in 1 contract
Samples: Credit Agreement (North American Energy Partners Inc.)
Remittance of Payments. Except for amounts payable to the Agent or the Operating Facility Lender for its own account and except where this Agreement otherwise requires or contemplates payments subject to be made on a non-Pro Rata BasisSections 2.20 and 2.21, forthwith after receipt of any repayment pursuant hereto or payment of principal, interest or fees pursuant heretoto Article 5 or payment pursuant to Article 7, the Agent shall remit to the Designated Lending Branch of each Lender its Pro Rata Share Rateable Portion of such payment; provided that, if the Agent, on the assumption that it will receive on any particular date a payment of principal, interest or fees hereunder, remits to a Lender its share Rateable Portion of such payment and the Borrower fails to make such payment, each of the Lenders on receipt of such remittance from the Agent agrees to repay to the Agent forthwith on demand an amount equal to the remittance together with all reasonable costs and expenses incurred by the Agent in connection therewith and interest thereon at the rate and calculated in the manner customarily applicable to interbank payments the Loan in respect of which such payment is made, or, in the case of a remittance in respect of Bankers’ Acceptances, at the rate of interest applicable to Canadian Prime Rate Loans for each day from the date such amount is remitted to the Lenders without prejudice to any right such Lender may have against the Borrower. The exact amount of the repayment required to be made by the Lenders pursuant hereto shall be as set forth in a certificate delivered by the Agent to each Lender, which certificate shall be conclusive and binding for all purposes in the absence of manifest error.
Appears in 1 contract
Samples: Credit Agreement (Enbridge Inc)
Remittance of Payments. Except for amounts payable to the Agent or the Operating Facility Lender for its own account and except where this Agreement otherwise requires or contemplates payments subject to be made on a non-Pro Rata BasisSection 2.19, forthwith after receipt of any repayment pursuant hereto or payment of principal, interest or fees pursuant heretoto Article 5 or payment pursuant to Article 6, the Agent shall remit to the Designated Lending Branch of each Lender its Pro Rata Share Rateable Portion of such payment; provided that, if the Agent, on the assumption that it will receive on any particular date a payment of principal, interest or fees hereunder, remits to a Lender its share Rateable Portion of such payment and the Borrower fails to make such payment, each of the Lenders on receipt of such remittance from the Agent agrees to repay to the Agent forthwith on demand an amount equal to the remittance together with all reasonable costs and expenses incurred by the Agent in connection therewith and interest thereon at the rate and calculated in the manner customarily applicable to interbank payments the Loan in respect of which such payment is made for each day from the date such amount is remitted to the Lenders without prejudice to any right such Lender may have against the Borrower. The exact amount of the repayment required to be made by the Lenders pursuant hereto shall be as set forth in a certificate delivered by the Agent to each Lender, which certificate shall be conclusive and binding for all purposes in the absence of manifest error.. Enbridge Inc. – 3 Year – Amended and Restated Credit Agreement
Appears in 1 contract
Samples: Credit Agreement (Enbridge Inc)
Remittance of Payments. Except for amounts payable to the Agent or the Operating Facility Lender for its own account and except where this Agreement otherwise requires or contemplates payments subject to be made on a non-Pro Rata BasisSection 2.18, forthwith after receipt of any repayment pursuant hereto or payment of principal, interest or fees pursuant heretoto Article 5 or payment pursuant to Article 7, the Agent shall remit to the Designated Lending Branch of each Lender its Pro Rata Share Rateable Portion of such payment; provided that, if the Agent, on the assumption that it will receive on any particular date a payment of principal, interest or fees hereunder, remits to a Lender its share Rateable Portion of such payment and the Borrower fails to make such payment, each of the Lenders on receipt of such remittance from the Agent agrees to repay to the Agent forthwith on demand an amount equal to the remittance together with all reasonable costs and expenses incurred by the Agent in connection therewith and interest thereon at the rate and calculated in the manner customarily applicable to interbank payments the Loan in respect of which such payment is made, or, in the case of a remittance in respect of Bankers’ Acceptances, at the rate of interest applicable to Canadian Prime Rate Loans for each day from the date such amount is remitted to the Lenders without prejudice to any right such Lender may have against the Borrower. The exact amount of the repayment required to be made by the Lenders pursuant hereto shall be as set forth in a certificate delivered by the Agent to each Lender, which certificate shall be conclusive and binding for all purposes in the absence of manifest error.
Appears in 1 contract
Samples: Credit Agreement (Enbridge Inc)
Remittance of Payments. Except for amounts payable to the applicable Agent or the Operating Facility Lender for its own account and except where this Agreement otherwise requires or contemplates payments to be made on a non-Pro Rata Basisaccount, forthwith after receipt of any repayment pursuant hereto or payment of principal, interest or fees pursuant heretoto Article 5 or payment pursuant to Article 8, the applicable Agent shall remit to the Designated Lending Branch of each Lender its Pro Rata Share Rateable Portion of such payment; provided that, if the applicable Agent, on the assumption that it will receive on any particular date a payment of principal, interest or fees hereunder, remits to a Lender its share Rateable Portion of such payment and the applicable Borrower fails to make such payment, each of the Lenders on receipt of such remittance from the applicable Agent agrees to repay to the applicable Agent forthwith on demand an amount equal to the remittance together with all reasonable costs and expenses incurred by the applicable Agent in connection therewith and interest thereon at the rate and calculated in the manner customarily applicable to interbank payments the Loan in respect of which such payment is made, or, in the case of a remittance in respect of Bankers’ Acceptances, at the rate of interest applicable to Canadian Prime Rate Loans for each day from the date such amount is remitted to the Lenders without prejudice to any right such Lender may have against the applicable Borrower. The exact amount of the repayment required to be made by the Lenders pursuant hereto shall be as set forth in a certificate delivered by the applicable Agent to each Lender, which certificate shall be conclusive and binding for all purposes in the absence of manifest error.
Appears in 1 contract
Samples: Credit Agreement (Nexen Inc)