Common use of Repayment by Lenders to Agent Clause in Contracts

Repayment by Lenders to Agent. (a) Unless the Agent has been notified in writing by the Borrower no later than the Business Day prior to the date on which any payment to be made by the Borrower hereunder is due that the Borrower does not intend to remit such payment, the Agent may, in its discretion, assume that the Borrower has remitted such payment when so due and the Agent may, in its discretion and in reliance upon such assumption, make available to each Lender on such payment date an amount equal to the amount of such payment which is due to such Lender pursuant to this Agreement. If the Borrower does not in fact remit such payment to the Agent, the Agent shall promptly notify each Lender and each such Lender shall forthwith on demand repay to the Agent the amount of such assumed payment made available to such Lender, together with interest thereon until the date of repayment thereof at a rate determined by the Agent (such rate to be conclusive and binding on such Lender) in accordance with the Agent’s usual banking practice for similar advances to financial institutions of like standing to such Lender.

Appears in 2 contracts

Samples: Credit Agreement (Columbia Pipeline Group, Inc.), Credit Agreement (Transcanada Corp)

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Repayment by Lenders to Agent. (a) Unless the Agent has been notified in writing by the Borrower no later than the at least one (1) Business Day prior to the date on which any payment to be made by the Borrower hereunder under this Agreement is due that the Borrower does not intend to remit such payment, the Agent may, in its discretion, assume that the Borrower has remitted shall remit such payment when so due and the Agent may, in its discretion and in reliance upon such assumption, make available to each Lender on such payment date an amount equal to the amount such Lender's ratable portion of such payment which is due to such Lender pursuant to this Agreementpayment. If the Borrower does not in fact remit such payment to the Agent, without restricting the obligation of the Borrower to make such payment, the Agent shall promptly notify each Lender and each such Lender shall forthwith on demand by the Agent repay to the Agent the amount of such assumed payment made available to such Lender, together with interest thereon until the date of repayment thereof at a rate determined by the Agent (such rate to be conclusive and binding on such Lender) in accordance with the Agent’s 's usual banking practice for similar such advances to financial institutions of like standing to such Lender, but in any event at a rate no greater than the usual interbank offered rate for the sale of deposits in the applicable currency. Section 13.18 shall not apply to this Section 13.11(a).

Appears in 2 contracts

Samples: Syndicated Credit Agreement (Enterra Energy Trust), Syndicated Credit Agreement (Enterra Energy Trust)

Repayment by Lenders to Agent. (a) Unless the Agent has been notified in writing by the Borrower no later than the at least one (1) Business Day prior to the date on which any payment to be made by the Borrower hereunder under this Agreement is due that the Borrower does not intend to remit such payment, the Agent may, in its discretion, assume that the Borrower has remitted shall remit such payment when so due and the Agent may, in its discretion and in reliance upon such assumption, make available to each Lender on such payment date an amount equal to the amount such Lender’s Pro Rata Share of such payment which is due to such Lender pursuant to this Agreementpayment. If the Borrower does not in fact remit such payment to the Agent, without restricting the obligation of the Borrower to make such payment, the Agent shall promptly notify each Lender and each such Lender shall forthwith on demand by the Agent repay to the Agent the amount of such assumed payment made available to such Lender, together with interest thereon until the date of repayment thereof at a rate determined by the Agent (such rate to be conclusive and binding on such Lender) in accordance with the Agent’s usual banking practice for similar such advances to financial institutions of like standing to such Lender, but in any event at a rate no greater than the usual interbank offered rate for the sale of deposits in the applicable currency. Section 13.17 shall not apply to this Section 13.11(a).

Appears in 2 contracts

Samples: Syndicated Credit Agreement (Advantage Oil & Gas Ltd.), Syndicated Credit Agreement (Advantage Oil & Gas Ltd.)

Repayment by Lenders to Agent. (a) Where Borrower Fails to Pay: Unless the Agent has been notified in writing by the Borrower no later than the at least 1 Business Day prior to the date on which any payment to be made by the Borrower hereunder is due that the Borrower does not intend to remit such payment, the Agent may, in its discretion, assume that the Borrower has remitted such payment when so due and the Agent may, in its discretion and in reliance upon such assumption, make available to each Lender on such payment date an amount equal to the amount of such payment which is due to such Lender pursuant to this Agreement. If the Borrower does not in fact remit such payment to the Agent, the Agent shall promptly notify each Lender and each such Lender shall forthwith on demand repay to the Agent the amount of such assumed payment made available to such Lender, together with interest thereon until the date of repayment thereof at a rate determined by the Agent (such rate to be conclusive and binding on such Lender) in accordance with the Agent’s 's usual banking practice for similar advances to financial institutions of like standing to such Lender.

Appears in 1 contract

Samples: Credit Agreement (Keyspan Corp)

Repayment by Lenders to Agent. (a) Where the Borrower Fails to Pay: Unless the Agent has been notified in writing by the Borrower no later than the at least one (1) Business Day prior to the date on which any payment to be made by the such Borrower hereunder is due that the such Borrower does not intend to remit such payment, the Agent maymay (but shall not be obligated to), in its discretion, assume that the Borrower has remitted such payment when so due and the Agent may, in its discretion and in reliance upon such assumption, make available to each Lender on such payment date an amount equal to the amount of such payment which is due to such Lender pursuant to this Agreement. If the Borrower does not in fact remit such payment to the Agent, the Agent shall promptly notify each Lender and each such Lender shall forthwith on demand repay to the Agent the amount of such assumed payment made available to such Lender, together with interest thereon until the date of repayment thereof at a rate determined by the Agent (such rate to be conclusive and binding on such Lender) in accordance with the Agent’s usual banking practice for similar advances to financial institutions of like standing to such Lender.

Appears in 1 contract

Samples: Credit Agreement (Precision Diversified Oilfield Services Corp.)

Repayment by Lenders to Agent. (a1) Unless the Agent has been notified in writing by the Borrower no later than the at least one Business Day prior to the date on which any payment to be made by the Borrower hereunder with respect to Credit A under this Agreement is due that the Borrower does not intend to remit such payment, the Agent may, in its discretion, assume that the Borrower has remitted such payment when so due and the Agent may, in its discretion and in reliance upon on such assumption, make available to each Lender on such payment date an amount equal to the amount such Lender's rateable portion of such payment which is due to such Lender pursuant to this Agreementassumed payment. If the Borrower does not in fact remit such payment to the Agent, without restricting the obligation of the Borrower to make such payment, the Agent shall promptly notify each Lender and each such Lender shall forthwith on demand repay to the Agent the amount of such assumed payment made available to such Lender, together with interest thereon until the date of repayment thereof at a rate determined by the Agent (such rate to be conclusive and binding on such Lender) in accordance with the Agent’s 's usual banking practice for similar such advances to financial institutions of like standing to such Lender, but in any event at a rate no greater than the usual interbank offered rate for the sale of deposits in the applicable currency.

Appears in 1 contract

Samples: Credit Agreement (International Multifoods Corp)

Repayment by Lenders to Agent. (a) Where Borrower Fails to Pay: Unless the Agent has been notified in writing by the Borrower no later than the at least one (1) Business Day prior to the date on which any payment to be made by the Borrower hereunder is due that the Borrower does not intend to remit such payment, the Agent may, in its discretion, assume that the Borrower has remitted such payment when so due and the Agent may, in its discretion and in reliance upon such assumption, make available to each Lender on such payment date an amount equal to the amount of such payment which is due to such Lender pursuant to this Agreement. If the Borrower does not in fact remit such payment to the Agent, the Agent shall promptly notify each Lender and each such Lender shall forthwith on demand repay to the Agent the amount of such assumed payment made available to such Lender, together with interest thereon until the date of repayment thereof at a rate determined by the Agent (such rate to be conclusive and binding on such Lender) in accordance with the Agent’s 's usual banking practice for similar advances to financial institutions of like standing to such Lender.

Appears in 1 contract

Samples: Credit Agreement (Prima Energy Corp)

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Repayment by Lenders to Agent. (a) Unless the Agent has been notified in writing by the Borrower no later Borrower, not less than the one Business Day prior to the date on which any payment to be made by the Borrower hereunder is due due, that the Borrower does not intend to remit such payment, the Agent may, in at its discretion, assume that the Borrower has remitted such payment when so due and the Agent may, in at its discretion and in reliance upon such assumption, make available to each Lender on such payment date an amount equal to the amount such Lender's Proportion of such payment which is due to such Lender pursuant to this Agreementassumed payment. If it proves to be the case that the Borrower does has not in fact remit remitted such payment to the Agent, the Agent shall promptly notify each Lender and each such Lender shall forthwith on demand repay to the Agent the amount of such assumed payment made available to such Lender, together with interest thereon until the date of repayment thereof at a rate determined by the Agent (such rate to be conclusive and binding on such Lender) in accordance with the Agent’s usual banking practice for similar advances in the currency in which such payment is due to financial institutions banks of like standing to such Lender.

Appears in 1 contract

Samples: Credit Agreement (Microcell Telecommunications Inc)

Repayment by Lenders to Agent. (a1) Unless the Agent has been notified in writing by the Borrower no later than the Business at least one (1) Banking Day prior to the date on which any payment to be made by the Borrower hereunder under this Agreement is due that the Borrower does not intend to remit such payment, the Agent may, in its discretion, assume that the Borrower has remitted such payment when so due and the Agent may, in its discretion and in reliance upon such assumption, make available to each Lender on such payment date an amount equal to the amount such Lender's rateable portion of such payment which is due to such Lender pursuant to this Agreementassumed payment. If the Borrower does not in fact remit such payment to the Agent, without restricting the obligation of the Borrower to make such payment, the Agent shall will promptly notify each Lender and each such Lender shall will forthwith on demand repay to the Agent the amount of such assumed payment made available to such Lender, together with interest thereon until the date of repayment thereof at a rate determined by the Agent (such rate to be conclusive and binding on such Lender) in accordance with the Agent’s 's usual banking practice for similar such advances to financial institutions of like standing to such Lender, but in any event at a rate no greater than the usual interbank offered rate for the sale of deposits in the applicable currency.

Appears in 1 contract

Samples: Credit Agreement (Millar Western Forest Products LTD)

Repayment by Lenders to Agent. (a) Unless the Agent has been notified in writing by the Borrower no later than the at least one (1) Business Day prior to the date on which any payment to be made by the Borrower hereunder under this Agreement is due that the Borrower does not intend to remit such payment, the Agent may, in its discretion, assume that the Borrower has remitted shall remit such payment when so due and the Agent may, in its discretion and in reliance upon such assumption, make available to each Lender on such payment date an amount equal to the amount such Lender’s Pro Rata Share of such payment which is due to such Lender pursuant to this Agreementpayment. If the Borrower does not in fact remit such payment to the Agent, without restricting the obligation of the Borrower to make such payment, the Agent shall promptly notify each Lender and each such Lender shall forthwith on demand by the Agent repay to the Agent the amount of such assumed payment made available to such Lender, together with interest thereon until the date of repayment thereof at a rate determined by the Agent (such rate to be conclusive and binding on such Lender) in accordance with the Agent’s usual banking practice for similar such advances to financial institutions of like standing to such Lender, but in any event at a rate no greater than the usual interbank offered rate for the sale of deposits in the applicable currency. Section 14.17 shall not apply to this Section 14.11(a).

Appears in 1 contract

Samples: Syndicated Credit Agreement (Advantage Oil & Gas Ltd.)

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