Common use of Request for Drawing Clause in Contracts

Request for Drawing. Each Drawing shall be made on notice, given not later than 11:00 A.M. (Montreal time) on a Canadian Business Day at least two Canadian Business Days prior to the date of the proposed Drawing, by TCCI to the Canadian Sub-Agent, which shall give each Tranche B Lender prompt notice thereof by telecopier. Each notice of a Drawing shall be in writing (including by telecopier), in substantially the form of Exhibit A-1 hereto, specifying therein the requested (i) date of such Drawing (which shall be a Canadian Business Day), (ii) aggregate Face Amount of such Drawing and (iii) initial BA Maturity Date for each Bankers’ Acceptance and Draft comprising part of such Drawing; provided, however, that, if the Canadian Sub-Agent determines in good faith (which determination shall be conclusive and binding upon TCCI) that the Drafts to be accepted and purchased (or purchased, as the case may be) as part of any Drawing cannot, due solely to the requested aggregate Face Amount thereof, be accepted and/or purchased ratably by the Tranche B Lenders in accordance with Section 2.1(b), then the aggregate Face Amount of such Bankers’ Acceptances to be created and purchased and Drafts to be purchased shall be reduced to such lesser amount as the Canadian Sub-Agent determines will permit such Drafts comprising part of such Drawing to be so accepted and purchased (or to be purchased, as the case may be). The Canadian Sub-Agent agrees that it will, as promptly as practicable, notify TCCI of the unavailability of Bankers’ Acceptances. Each Draft in connection with any requested Drawing (A) shall be in a minimum amount of CDN$5,000,000 or an integral multiple of CDN$1,000,000 in excess thereof, and (B) shall be dated the date of the proposed Drawing. Each Tranche B Lender shall, before 1:00 P.M. (Montreal time) on the date of each Drawing, (i) complete one or more Drafts in accordance with the related Committed Loan Notice, accept such Drafts and purchase the Bankers’ Acceptances created thereby for the Drawing Purchase Price; or (ii) complete one or more Drafts in accordance with the Drawing Notice and purchase such Drafts for the Drawing Purchase Price and shall, before 1:00 P.M. (Montreal time) on such date, make available for the account of its Applicable Lending Office to the Canadian Sub-Agent at its Canadian Sub-Agent’s Office, in same day funds, the Drawing Purchase Price payable by such Tranche B Lender for such Drafts less the Drawing Fee payable to such Tranche B Lender with respect thereto under Section 2.15(b). Upon the fulfillment of the applicable conditions set forth in Section 4.2, the Canadian Sub-Agent will make the funds it has received from the Tranche B Lenders available to TCCI by wire transfer in accordance with instructions provided to (and reasonably acceptable to) the Canadian Sub-Agent by the Canadian Borrower.

Appears in 8 contracts

Samples: 364 Day Credit Agreement (Toyota Motor Credit Corp), Credit Agreement (Toyota Motor Credit Corp), Credit Agreement (Toyota Motor Credit Corp)

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Request for Drawing. Each Drawing shall be made on notice, given not later than 11:00 A.M. a.m. (Montreal time) on a Canadian Business Day at least two Canadian Business Days prior to the date of the proposed Drawing, by TCCI to the Canadian Sub-Agent, which shall give each Tranche B Lender prompt notice thereof by telecopier. Each notice of a Drawing shall be in writing (including by telecopier), in substantially the form of Exhibit A-1 hereto, specifying therein the requested (i) date of such Drawing (which shall be a Canadian Business Day), (ii) aggregate Face Amount of such Drawing and (iii) initial BA Maturity Date for each Bankers’ Acceptance and Draft comprising part of such Drawing; provided, however, that, if the Canadian Sub-Agent determines in good faith (which determination shall be conclusive and binding upon TCCI) that the Drafts to be accepted and purchased (or purchased, as the case may be) as part of any Drawing cannot, due solely to the requested aggregate Face Amount thereof, be accepted and/or purchased ratably by the Tranche B Lenders in accordance with Section 2.1(b), then the aggregate Face Amount of such Bankers’ Acceptances to be created and purchased and Drafts to be purchased shall be reduced to such lesser amount as the Canadian Sub-Agent determines will permit such Drafts comprising part of such Drawing to be so accepted and purchased (or to be purchased, as the case may be). The Canadian Sub-Agent agrees that it will, as promptly as practicable, notify TCCI of the unavailability of Bankers’ Acceptances. Each Draft in connection with any requested Drawing (A) shall be in a minimum amount of CDN$5,000,000 or an integral multiple of CDN$1,000,000 in excess thereof, and (B) shall be dated the date of the proposed Drawing. Each Tranche B Lender shall, before 1:00 P.M. (Montreal time) on the date of each Drawing, (i) complete one or more Drafts in accordance with the related Committed Loan Notice, accept such Drafts and purchase the Bankers’ Acceptances created thereby for the Drawing Purchase Price; or (ii) complete one or more Drafts in accordance with the Drawing Committed Loan Notice and purchase such Drafts for the Drawing Purchase Price and shall, before 1:00 P.M. (Montreal time) on such date, make available for the account of its Applicable applicable Lending Office to the Canadian Sub-Agent at its Canadian Sub-Agent’s Office, in same day funds, the Drawing Purchase Price payable by such Tranche B Lender for such Drafts less the Drawing Fee payable to such Tranche B Lender with respect thereto under Section 2.15(b). Upon the fulfillment of the applicable conditions set forth in Section 4.2, the Canadian Sub-Agent will make the funds it has received from the Tranche B Lenders available to TCCI by wire transfer in accordance with instructions provided to (and reasonably acceptable to) the Canadian Sub-Agent by the Canadian Borrower.

Appears in 3 contracts

Samples: Credit Agreement (Toyota Motor Credit Corp), Five Year Credit Agreement (Toyota Motor Credit Corp), 364 Day Credit Agreement (Toyota Motor Credit Corp)

Request for Drawing. Each Drawing shall be made on notice, given not later than 11:00 A.M. a.m. (Montreal time) on a Canadian Business Day at least two Canadian Business Days prior to the date of the proposed Drawing, by TCCI to the Canadian Sub-Agent, which shall give each Tranche B Lender prompt notice thereof by telecopier. Each notice of a Drawing shall be in writing (including by telecopier), in substantially the form of Exhibit A-1 hereto, specifying therein the requested (i) date of such Drawing (which shall be a Canadian Business Day), (ii) aggregate Face Amount of such Drawing and (iii) initial BA Maturity Date for each Bankers’ Acceptance and Draft comprising part of such Drawing; provided, however, that, if the Canadian Sub-Agent determines in good faith (which determination shall be conclusive and binding upon TCCI) that the Drafts to be accepted and purchased (or purchased, as the case may be) as part of any Drawing cannot, due solely to the requested aggregate Face Amount thereof, be accepted and/or purchased ratably by the Tranche B Lenders in accordance with Section 2.1(b), then the aggregate Face Amount of such Bankers’ Acceptances to be created and purchased and Drafts to be purchased shall be reduced to such lesser amount as the Canadian Sub-Agent determines will permit such Drafts comprising part of such Drawing to be so accepted and purchased (or to be purchased, as the case may be). The Canadian Sub-Agent agrees that it will, as promptly as practicable, notify TCCI of the unavailability of Bankers’ Acceptances. Each Draft in connection with any requested Drawing (A) shall be in a minimum amount of CDN$5,000,000 or an integral multiple of CDN$1,000,000 in excess thereof, and (B) shall be dated the date of the proposed Drawing. Each Tranche B Lender shall, before 1:00 P.M. (Montreal time) on the date of each Drawing, (i) complete one or more Drafts in accordance with the related Committed Loan Notice, accept such Drafts and purchase the Bankers’ Acceptances created thereby for the Drawing Purchase Price; or (ii) complete one or more Drafts in accordance with the Drawing Notice and purchase such Drafts for the Drawing Purchase Price and shall, before 1:00 P.M. (Montreal time) on such date, make available for the account of its Applicable Lending Office to the Canadian Sub-Agent at its Canadian Sub-Agent’s Office, in same day funds, the Drawing Purchase Price payable by such Tranche B Lender for such Drafts less the Drawing Fee payable to such Tranche B Lender with respect thereto under Section 2.15(b). Upon the fulfillment of the applicable conditions set forth in Section 4.2, the Canadian Sub-Agent will make the funds it has received from the Tranche B Lenders available to TCCI by wire transfer in accordance with instructions provided to (and reasonably acceptable to) the Canadian Sub-Agent by the Canadian Borrower.

Appears in 3 contracts

Samples: Credit Agreement (Toyota Motor Credit Corp), 364 Day Credit Agreement (Toyota Motor Credit Corp), Credit Agreement (Toyota Motor Credit Corp)

Request for Drawing. Each Drawing shall be made on notice, given not later than 11:00 A.M. 12:00 noon (Montreal New York City time) on a Canadian Business Day at least two Canadian Business Days prior to the date of the proposed Drawing, by TCCI the Canadian Borrower to the Canadian Sub-Agent, which shall give each Tranche B Canadian Lender prompt notice thereof by telex or telecopier. Each notice of a Drawing (a "Notice of Drawing") shall be in writing (including by telex or telecopier), in substantially the form of Exhibit A-1 B-2 hereto, and shall be confirmed by telephone immediately by the Canadian Borrower, specifying therein the requested (i) date of such Drawing (which shall be a Canadian Business Day), (ii) aggregate Face Amount of such Drawing and (iii) initial BA Maturity Date for each Bankers' Acceptance and Draft comprising part of such Drawing; provided, however, that, if the Canadian Sub-Agent determines in good faith (which determination shall be conclusive and binding upon TCCIthe Canadian Borrower) that the Drafts to be accepted and purchased (or purchased, as the case may be) as part of any Drawing cannot, due solely to the requested aggregate Face Amount thereof, be accepted and/or purchased ratably by the Tranche B Canadian Lenders in accordance with Section 2.1(b2.01(f), then the aggregate Face Amount of such Drawing (or the Face Amount of Bankers' Acceptances to be created and purchased and Drafts to be purchased by any Canadian Lender) shall be reduced to such lesser amount as the Canadian Sub-Agent determines will permit such Drafts comprising part of such Drawing to be so accepted and purchased (or and, unless the Canadian Borrower shall have given written notice to the contrary to the Agent, each Canadian Lender shall fund the difference between such Lender's ratable portion of the original aggregate Face Amount of such Drawing and the Face Amount of the Bankers' Acceptances to be purchasedcreated by such Lender after giving effect to such reduction in the form of a Canadian Prime Rate Advance, as the case may bewhich shall be deemed for all purposes hereof to be a Canadian Borrower Advance made pursuant to Section 2.01(f). The Canadian Sub-Agent agrees that it will, as promptly as practicable, notify TCCI the Canadian Borrower of the unavailability of Bankers’ Acceptances' Acceptances and, if applicable, of the date and the amount of each Canadian Prime Rate Advance to be made or actually made in accordance with the immediately preceding sentence. Each Draft in connection with any requested Drawing (A) shall be in a minimum amount of CDN$5,000,000 CN$100,000 or an integral multiple of CDN$1,000,000 CN$100,000 in excess thereof, and (B) shall be dated the date of the proposed Drawing. Each Tranche B Canadian Lender shall, before 1:00 P.M. p.m. (Montreal Toronto time) on the date of each Drawing, (i) complete one or more Drafts in accordance with the related Committed Loan NoticeNotice of Drawing, accept such Drafts and purchase the Bankers' Acceptances created thereby for the Drawing Purchase Price; or (ii) complete one or more Drafts in accordance with the Drawing Notice and purchase such Drafts for the Drawing Purchase Price and shall, before 1:00 P.M. p.m. (Montreal Toronto time) on such date, make available for the account of its Applicable Lending Office to the Canadian Sub-Agent at its Canadian Sub-appropriate Agent’s Office's Account, in same day funds, the Drawing Purchase Price payable by such Tranche B Lender for such Drafts Drawing less the Drawing Fee payable to such Tranche B Lender with respect thereto under Section 2.15(b2.09(d). Upon the fulfillment of the applicable conditions set forth in Section 4.2Article III, the Canadian Sub-Agent will make the funds it has received from the Tranche B Canadian Lenders available to TCCI by wire transfer in accordance with instructions provided to (and reasonably acceptable to) the Canadian Sub-Agent Borrower by crediting the Canadian relevant Borrower's Account or at the applicable Payment Office, as the case may be.

Appears in 3 contracts

Samples: Credit Agreement (Uniroyal Chemical Co Inc), Credit Agreement (Crompton & Knowles Corp), Credit Agreement (Crompton & Knowles Corp)

Request for Drawing. Each Drawing shall be made on notice, given not later than 11:00 A.M. a.m. (Montreal time) on a Canadian Business Day at least two Canadian Business Days prior to the date of the proposed Drawing, by TCCI to the Canadian Sub-Agent, which shall give each Tranche B Lender prompt notice thereof by telecopier. Each notice of a Drawing shall be in writing (including by telecopier), in substantially the form of Exhibit A-1 hereto, specifying therein the requested (i) date of such Drawing (which shall be a Canadian Business Day), (ii) aggregate Face Amount of such Drawing and (iii) initial BA Maturity Date for each Bankers’ Acceptance and Draft comprising part of such Drawing; provided, however, that, if the Canadian Sub-Agent determines in good faith (which determination shall be conclusive and binding upon TCCI) that the Drafts to be accepted and purchased (or purchased, as the case may be) as part of any Drawing cannot, due solely to the requested aggregate Face Amount thereof, be accepted and/or purchased ratably by the Tranche B Lenders in accordance with Section 2.1(b), then the aggregate Face Amount of such Bankers’ Acceptances to be created and purchased and Drafts to be purchased shall be reduced to such lesser amount as the Canadian Sub-Agent determines will permit such Drafts comprising part of such Drawing to be so accepted and purchased (or to be purchased, as the case may be). The Canadian Sub-Agent agrees that it will, as promptly as practicable, notify TCCI of the unavailability of Bankers’ Acceptances. Each Draft in connection with any requested Drawing (A) shall be in a minimum amount of CDN$5,000,000 or an integral multiple of CDN$1,000,000 in excess thereof, and (B) shall be dated the date of the proposed Drawing. Each Tranche B Lender shall, before 1:00 P.M. (Montreal time) on the date of each Drawing, (i) complete one or more Drafts in accordance with the related Committed Loan Notice, accept such Drafts and purchase the Bankers’ Acceptances created thereby for the Drawing Purchase Price; or (ii) complete one or more Drafts in accordance with the Drawing Committed Loan Notice and purchase such Drafts for the Drawing Purchase Price and shall, before 1:00 P.M. (Montreal time) on such date, make available for the account of its Applicable Lending Office to the Canadian Sub-Agent at its Canadian Sub-Agent’s Office, in same day funds, the Drawing Purchase Price payable by such Tranche B Lender for such Drafts less the Drawing Fee payable to such Tranche B Lender with respect thereto under Section 2.15(b). Upon the fulfillment of the applicable conditions set forth in Section 4.2, the Canadian Sub-Agent will make the funds it has received from the Tranche B Lenders available to TCCI by wire transfer in accordance with instructions provided to (and reasonably acceptable to) the Canadian Sub-Agent by the Canadian Borrower.

Appears in 2 contracts

Samples: 364 Day Credit Agreement (Toyota Motor Credit Corp), Credit Agreement (Toyota Motor Credit Corp)

Request for Drawing. Each Drawing shall be made on notice, given not later than 11:00 A.M. (Montreal New York City time) on a Canadian Business Day at least two Canadian Business Days prior to the date of the proposed Drawing, by TCCI the Canadian Borrower to the Canadian Sub-Administrative Agent, which shall give each Tranche B Canadian Lender prompt notice thereof by telecopier. Each notice of a Drawing shall be in writing (including by telecopier), in substantially the form of Exhibit A-1 B-3 hereto, specifying therein the requested (i) date of such Drawing (which shall be a Canadian Business Day), (ii) aggregate Face Amount of such Drawing and (iii) initial BA Maturity Date for each Bankers’ Acceptance and Draft BA Equivalent Note comprising part of such Drawing; provided, however, that, if the Canadian Sub-Administrative Agent determines in good faith (which determination shall be conclusive and binding upon TCCIthe Canadian Borrower) that the Drafts to be accepted and purchased (or purchased, as the case may be) as part of any Drawing cannot, due solely to the requested aggregate Face Amount thereof, be accepted and/or purchased ratably by the Tranche B Canadian Lenders in accordance with Section 2.1(b2.01(c), then the aggregate Face Amount of such Drawing (or the Face Amount of Bankers’ Acceptances and BA Equivalent Notes to be created and purchased and Drafts to be purchased by any Canadian Lender) shall be reduced to such lesser amount as the Canadian Sub-Administrative Agent determines will permit such Drafts comprising part of such Drawing to be so accepted and purchased (or to be purchased, as the case may be). The Canadian Sub-Administrative Agent agrees that it will, as promptly as practicable, notify TCCI the Canadian Borrower of the unavailability of Bankers’ AcceptancesAcceptances in accordance with Section 2.16(e). Each Draft in connection with any requested Drawing (A) shall be in a minimum amount of CDN$5,000,000 CN$1,000,000 or an integral multiple of CDN$1,000,000 CN$100,000 in excess thereof, and (B) shall be dated the date of the proposed Drawing. Each Tranche B Canadian Lender that is a BA Lender shall, before 1:00 P.M. (Montreal Toronto time) on the date of each Drawing, (i) complete one or more Drafts in accordance with the related Committed Loan NoticeNotice of Borrowing, accept such Drafts and purchase the Bankers’ Acceptances created thereby for the Drawing Purchase Price; or (ii) complete one or more Drafts in accordance with the Drawing Notice and purchase such Drafts for the Drawing Purchase Price and shall, before 1:00 P.M. (Montreal Toronto time) on such date, make available for the account of its Applicable Lending Office to the Canadian Sub-Agent at its Canadian Sub-Administrative Agent, in the Administrative Agent’s OfficeAccount, in same day funds, the Drawing Purchase Price payable by such Tranche B Canadian Lender for such Drafts Drawing less the Drawing Stamping Fee payable to such Tranche B Canadian Lender with respect thereto under Section 2.15(b2.16(b). Each Non-BA Lender shall, in lieu of accepting its proportionate amount of Bankers Acceptances forming part of a Drawing, make available the Canadian Borrower a loan (a “BA Equivalent Note”) in Canadian Dollars in an amount equal to the Drawing Purchase Price of the Bankers’ Acceptances that such Non-BA Lender would have been required to accept if it were a BA Lender. Each Non-BA Lender shall, before 1:00 P.M. (Toronto time) on the date of each Drawing, make available for the account of its Applicable Lending Office to the Administrative Agent, in the Administrative Agent’s Account, in same day funds, the amount of the BA Equivalent Note, less an amount equal to the Stamping Fee that would have been applicable to the BA Equivalent Note had it been a Bankers’ Acceptance. Upon the fulfillment of the applicable conditions set forth in Section 4.23.03, the Canadian Sub-Administrative Agent will make the funds it has received from the Tranche B Canadian Lenders available to TCCI by wire transfer in accordance with instructions provided to (and reasonably acceptable to) the Canadian Sub-Agent by Borrower requesting such Drawing at the Canadian BorrowerAdministrative Agent’s address set forth on Schedule 10.02.

Appears in 2 contracts

Samples: Credit Agreement (Olin Corp), Credit Agreement (Olin Corp)

Request for Drawing. Each Drawing shall be made on notice, given not later than 11:00 A.M. (Montreal Toronto time) on a Canadian Business Day at least two Canadian Business Days prior to the date of the proposed Drawing, by TCCI to the Canadian Sub-Agent, which shall give each Tranche B C Lender prompt notice thereof by telecopier. Each notice of a Drawing shall be in writing (including by telecopier), in substantially the form of Exhibit A-1 hereto, specifying therein the requested (i) date of such Drawing (which shall be a Canadian Business Day), (ii) aggregate Face Amount of such Drawing and (iii) initial BA Maturity Date for each Bankers’ Acceptance and Draft comprising part of such Drawing; provided, however, that, if the Canadian Sub-Agent determines in good faith (which determination shall be conclusive and binding upon TCCI) that the Drafts to be accepted and purchased (or purchased, as the case may be) as part of any Drawing cannot, due solely to the requested aggregate Face Amount thereof, be accepted and/or purchased ratably by the Tranche B C Lenders in accordance with Section 2.1(b2.01(c), then the aggregate Face Amount of such Bankers’ Acceptances to be created and purchased and Drafts to be purchased shall be reduced to such lesser amount as the Canadian Sub-Agent determines will permit such Drafts comprising part of such Drawing to be so accepted and purchased (or to be purchased, as the case may be). The Canadian Sub-Agent agrees that it will, as promptly as practicable, notify TCCI of the unavailability of Bankers’ Acceptances. Each Draft in connection with any requested Drawing (A) shall be in a minimum amount of CDN$5,000,000 or an integral multiple of CDN$1,000,000 in excess thereof, and (B) shall be dated the date of the proposed Drawing. Each Tranche B C Lender shall, before 1:00 P.M. (Montreal Toronto time) on the date of each Drawing, (i) complete one or more Drafts in accordance with the related Committed Loan Notice, accept such Drafts and purchase the Bankers’ Acceptances created thereby for the Drawing Purchase Price; or (ii) complete one or more Drafts in accordance with the Drawing Notice and purchase such Drafts for the Drawing Purchase Price and shall, before 1:00 P.M. (Montreal Toronto time) on such date, make available for the account of its Applicable Lending Office to the Canadian Sub-Agent at its Canadian Sub-Agent’s Office, in same day funds, the Drawing Purchase Price payable by such Tranche B C Lender for such Drafts less the Drawing Fee payable to such Tranche B C Lender with respect thereto under Section 2.15(b). Upon the fulfillment of the applicable conditions set forth in Section 4.2, the Canadian Sub-Agent will make the funds it has received from the Tranche B C Lenders available to TCCI by wire transfer in accordance with instructions provided to (and reasonably acceptable to) at the applicable Canadian Sub-Agent by the Canadian BorrowerAgent’s Office.

Appears in 1 contract

Samples: Credit Agreement (Toyota Motor Credit Corp)

Request for Drawing. Each Drawing shall be made on notice, given not later than 11:00 A.M. a.m. (Montreal New York City time) on a Canadian Business Day at least two three Canadian Business Days prior to the date of the proposed Drawing, by TCCI any Canadian Borrower to the Canadian Sub-Administrative Agent, which shall give each Tranche B Canadian Lender prompt notice thereof by telecopier. Each notice of a Drawing (a “Notice of Drawing”) shall be in writing (including by telecopier), in substantially the form of Exhibit A-1 B-2 hereto, specifying therein the requested (i) date of such Drawing (which shall be a Canadian Business Day), (ii) aggregate Face Amount of such Drawing and (iii) initial BA Maturity Date for each Bankers’ Acceptance and Draft BA Equivalent Advances comprising part of such Drawing; provided, however, that, if the Canadian Sub-Administrative Agent determines in good faith (which determination shall be conclusive and binding upon TCCIsuch Canadian Borrower) that the Drafts to be accepted and purchased (or purchased, as the case may be) as part of any Drawing cannot, due solely to the requested aggregate Face Amount thereof, be accepted and/or purchased ratably by the Tranche B Canadian Lenders in accordance with Section 2.1(b2.01(e), then the aggregate Face Amount of such Drawing (or the Face Amount of Bankers’ Acceptances and Notional Bankers’ Acceptances to be created and purchased and Drafts to be purchased by any Canadian Lender) shall be reduced to such lesser amount as the Canadian Sub-Administrative Agent determines will permit such Drafts comprising part of such Drawing to be so accepted and purchased (or and, unless such Canadian Borrower shall have given written notice to the contrary to the Administrative Agent, each Canadian Lender shall fund the difference between such Lender’s ratable portion of the original aggregate Face Amount of such Drawing and the Face Amount of the Bankers’ Acceptances to be purchasedcreated by such Lender after giving effect to such reduction in the form of a Canadian Advance, as the case may bewhich shall be deemed for all purposes hereof to be a Canadian Advance made pursuant to Section 2.01(c). The Canadian Sub-Administrative Agent agrees that it will, as promptly as practicable, notify TCCI such Canadian Borrower of the unavailability of Bankers’ AcceptancesAcceptances and, if applicable, of the date and the amount of each Canadian Advance to be made or actually made in accordance with the immediately preceding sentence. Each Draft in connection with any requested Drawing (A) shall be in a minimum amount of CDN$5,000,000 CN$1,000,000 or an integral multiple of CDN$1,000,000 CN$100,000 in excess thereof, and (B) shall be dated the date of the proposed Drawing. Each Tranche B Canadian Lender that is a BA Lender shall, before 1:00 P.M. (Montreal Toronto time) on the date of each Drawing, (i) complete one or more Drafts in accordance with the related Committed Loan NoticeNotice of Drawing, accept such Drafts and purchase the Bankers’ Acceptances created thereby for the Drawing Purchase Price; or (ii) complete one or more Drafts in accordance with the Drawing Notice and purchase such Drafts for the Drawing Purchase Price and shall, before 1:00 P.M. (Montreal Toronto time) on such date, make available for the account of its Applicable Lending Office to the Canadian Sub-Administrative Agent at its Canadian Sub-appropriate Administrative Agent’s OfficeAccount, in same day funds, the Drawing Purchase Price payable by such Tranche B Lender for such Drafts Drawing less the Drawing Stamping Fee payable to such Tranche B Lender with respect thereto under Section 2.15(b2.09(d). Each Non-BA Lender shall, in lieu of accepting its proportionate amount of Bankers Acceptances forming part of a Drawing, make available to Borrower a loan (a “BA Equivalent Advance”) in Canadian Dollars in an amount equal to the Drawing Purchase Price of the Bankers’ Acceptances (which Bankers’ Acceptances are referred to herein collectively as the “Notional Bankers’ Acceptances”) that Non-BA Lender would have been required to accept if it were a BA Lender. Each Non-BA Lender shall, before 1:00 p.m. (Toronto time) on the date of each Drawing, make available for the account of its Applicable Lending Office to the Administrative Agent at its appropriate Administrative Agent’s Account, in same day funds, the amount of the BA Equivalent Advance, less an amount equal to the Stamping Fee that would have been applicable to the Notional Bankers’ Acceptance had it been a Bankers’ Acceptance. In this Agreement, for the purposes of calculating the outstanding amount of any BA Equivalent Advance, such outstanding amount will be equal to the Face Amount of the Notional Bankers’ Acceptance that corresponds to such BA Equivalent Advance. Upon the fulfillment of the applicable conditions set forth in Section 4.2Article III, the Canadian Sub-Administrative Agent will make the funds it has received from the Tranche B Canadian Lenders available to TCCI such Canadian Borrower by wire transfer in accordance with instructions provided to (and reasonably acceptable to) the Canadian Sub-Agent by crediting the Canadian Borrower’s Account.

Appears in 1 contract

Samples: Credit Agreement (Laidlaw International Inc)

Request for Drawing. Each Drawing shall be made on notice, given not later than 11:00 A.M. a.m. (Montreal New York City time) on a Canadian Business Day at least two Canadian three Business Days prior to the date of the proposed Drawing, by TCCI the Canadian Borrower to the Canadian Sub-Administrative Agent, which shall give each Tranche B Canadian Revolving Lender prompt notice thereof by telecopier. Each notice of a Drawing (each, a “Notice of Drawing”) shall be in writing (including by telecopier), in substantially the form of Exhibit A-1 A-2 hereto, with such changes thereto as may agreed to by the Administrative Agent, specifying therein the requested (i) date of such Drawing (which shall be a Canadian Business Day), (ii) aggregate Face Amount of such Drawing and (iii) initial BA Maturity Date for each Bankers’ Acceptance and Draft BA Equivalent Advance comprising part of such Drawing; provided, however, that, if the Canadian Sub-Administrative Agent determines in good faith (which determination shall be conclusive and binding upon TCCIthe Canadian Borrower) that the Drafts to be accepted and purchased (or purchased, as the case may be) as part of any Drawing cannot, due solely to the requested aggregate Face Amount thereof, be accepted and/or purchased ratably by the Tranche B Canadian Revolving Lenders in accordance with Section 2.1(b2.01(b), then the aggregate Face Amount of such Drawing (or the Face Amount of Bankers’ Acceptances and Notional Bankers’ Acceptances to be created and purchased and Drafts to be purchased by any Canadian Revolving Lender) shall be reduced to such lesser amount as the Canadian Sub-Administrative Agent determines will permit such Drafts comprising part of such Drawing to be so accepted and purchased (or and, unless the Canadian Borrower shall have given written notice to the contrary to the Administrative Agent, each Canadian Revolving Lender shall fund the difference between such Lender’s ratable portion of the original aggregate Face Amount of such Drawing and the Face Amount of the Bankers’ Acceptances to be purchasedcreated by such Lender after giving effect to such reduction in the form of a Canadian Revolving Loan, as the case may bewhich shall be deemed for all purposes hereof to be a Canadian Revolving Loan made pursuant to Section 2.01(a). The Canadian Sub-Administrative Agent agrees that it will, as promptly as practicable, notify TCCI the Canadian Borrower of the unavailability of Bankers’ AcceptancesAcceptances and, if applicable, of the date and the amount of each Canadian Revolving Loan to be made or actually made in accordance with the immediately preceding sentence. Each Draft in connection with any requested Drawing (A) shall be in a minimum amount of CDN$5,000,000 or an integral multiple of CDN$1,000,000 in excess thereof, and (B) shall be dated the date of the proposed DrawingCN$1,000,000. Each Tranche B Canadian Revolving Lender that is a BA Lender shall, before 1:00 P.M. (Montreal Toronto time) on the date of each Drawing, (i) complete one or more Drafts in accordance with the related Committed Loan NoticeNotice of Drawing, accept such Drafts and purchase the Bankers’ Acceptances created thereby for the Drawing Purchase Price; or (ii) complete one or more Drafts in accordance with the Drawing Notice and purchase such Drafts for the Drawing Purchase Price and shall, before 1:00 P.M. (Montreal Toronto time) on such date, make available for the account of its Applicable Lending Office to the Canadian Sub-Agent at its Canadian Sub-Administrative Agent’s Office, in same day funds, the Drawing Purchase Price payable by such Tranche B Lender for such Drafts Drawing less the Drawing Stamping Fee payable to such Tranche B Lender with respect thereto under Section 2.15(b2.14(f). Each Non-BA Lender shall, in lieu of accepting its proportionate amount of Bankers’ Acceptances forming part of a Drawing, make a loan to the Canadian Borrower (a “BA Equivalent Advance”) in Canadian Dollars in an amount equal to the Face Amount of the Bankers’ Acceptances (which Bankers’ Acceptances are referred to herein collectively as the “Notional Bankers’ Acceptances”) that such Non-BA Lender would have been required to accept if it were a BA Lender. Each Non-BA Lender shall, before 1:00 p.m. (Toronto time) on the date of each Drawing, make available to the Administrative Agent, in same day funds, the Face Amount of the Notional Bankers’ Acceptance less the sum of (A) an amount on account of interest in respect of such BA Equivalent Advance equal to the amount (adjusted to the nearest whole cent or, if there is no nearest whole cent, the next higher whole cent) obtained by multiplying the aggregate Face Amount of the Notional Bankers’ Acceptance by the product of (1) the BA Rate in effect on such date (expressed as a decimal) multiplied by (2) a fraction the numerator of which is the number of days in the term to maturity of such Notional Bankers’ Acceptance and the denominator of which is 365 days, and (B) the Stamping Fee payable to such Lender with respect thereto under Section 2.14(f). In this Agreement, for greater certainty for the purposes of calculating the outstanding amount of any BA Equivalent Advance, such outstanding amount will be equal to the Face Amount of the Notional Bankers’ Acceptance that corresponds to such BA Equivalent Advance. Upon the fulfillment of the applicable conditions set forth in Section 4.2Article IV, the Canadian Sub-Administrative Agent will make the funds it has received from the Tranche B Canadian Revolving Lenders available to TCCI by wire transfer in accordance with instructions provided to (and reasonably acceptable to) the Canadian Sub-Agent Borrower by crediting the Canadian Borrower’s account.

Appears in 1 contract

Samples: Credit Agreement (Intertape Woven Products Services S.A. De C.V.)

Request for Drawing. Each Drawing shall be made on notice, given not later than 11:00 A.M. (Montreal New York City time) on a Canadian Business Day at least two Canadian Business Days prior to the date of the proposed Drawing, by TCCI the Canadian Borrower to the Canadian Sub-Agent, which shall give each Tranche B Canadian Lender prompt notice thereof by telecopier. Each notice of a Drawing shall be in writing (including by telecopier), in substantially the form of Exhibit A-1 B hereto, specifying therein the requested (i) date of such Drawing (which shall be a Canadian Business Day), (ii) aggregate Face Amount of such Drawing and (iii) initial BA Maturity Date for each Bankers’ Acceptance and Draft BA Equivalent Notes comprising part of such Drawing; provided, however, that, if the Canadian Sub-Agent determines in good faith (which determination shall be conclusive and binding upon TCCIthe Canadian Borrower) that the Drafts to be accepted and purchased (or purchased, as the case may be) as part of any Drawing cannot, due solely to the requested aggregate Face Amount thereof, be accepted and/or purchased ratably by the Tranche B Canadian Lenders in accordance with Section 2.1(b2.01(c), then the aggregate Face Amount of such Drawing (or the Face Amount of Bankers’ Acceptances and BA Equivalent Notes to be created and purchased and Drafts to be purchased by any Canadian Lender) shall be reduced to such lesser amount as the Canadian Sub-Agent determines will permit such Drafts comprising part of such Drawing to be so accepted and purchased (or to be purchased, as the case may be). The Canadian Sub-Agent agrees that it will, as promptly as practicable, notify TCCI the Canadian Borrower of the unavailability of Bankers’ Acceptances. Each Draft in connection with any requested Drawing (A) shall be in a minimum amount of CDN$5,000,000 CN$1,000,000 or an integral multiple of CDN$1,000,000 CN$100,000 in excess thereof, and (B) shall be dated the date of the proposed Drawing. Each Tranche B Canadian Lender that is a BA Canadian Lender shall, before 1:00 P.M. (Montreal Toronto time) on the date of each Drawing, (i) complete one or more Drafts in accordance with the related Committed Loan NoticeNotice of Borrowing, accept such Drafts and purchase the Bankers’ Acceptances created thereby for the Drawing Purchase Price; or (ii) complete one or more Drafts in accordance with the Drawing Notice and purchase such Drafts for the Drawing Purchase Price and shall, before 1:00 P.M. (Montreal Toronto time) on such date, make available for the account of its Applicable Lending Office to the Canadian Sub-Agent at its Canadian appropriate Sub-Agent’s OfficeAccount, in same day funds, the Drawing Purchase Price payable by such Tranche B Canadian Lender for such Drafts Drawing less the Drawing Stamping Fee payable to such Tranche B Canadian Lender with respect thereto under Section 2.15(b2.16(b). Each Non-BA Canadian Lender shall, in lieu of accepting its proportionate amount of Bankers Acceptances forming part of a Drawing, make available the Canadian Borrower a loan (a “BA Equivalent Note”) in Canadian Dollars in an amount equal to the Drawing Purchase Price of the Bankers’ Acceptances that such Non-BA Canadian Lender would have been required to accept if it were a BA Canadian Lender. Each Non-BA Canadian Lender shall, before 1:00 P.M. (Toronto time) on the date of each Drawing, make available for the account of its Applicable Lending Office to the Sub-Agent at its appropriate Agent’s Account, in same day funds, the amount of the BA Equivalent Note, less an amount equal to the Stamping Fee that would have been applicable to the BA Equivalent Note had it been a Bankers’ Acceptance. Upon the fulfillment of the applicable conditions set forth in Section 4.23.03, the Canadian Sub-Agent will make the funds it has received from the Tranche B Canadian Lenders available to TCCI by wire transfer in accordance with instructions provided to (and reasonably acceptable to) the Canadian Borrower requesting such Drawing at the Sub-Agent by Agent’s address referred to in Section 10.02 or at the Canadian Borrowerapplicable Payment Office, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (Olin Corp)

Request for Drawing. Each Drawing shall be made on notice, given not later than 11:00 A.M. (Montreal Toronto time) on a Canadian Business Day at least two Canadian Business Days prior to the date of the proposed Drawing, by TCCI to the Canadian Sub-Administrative Agent, which shall give each Tranche B C Lender prompt notice thereof by telecopier. Each notice of a Drawing shall be in writing (including by telecopier), in substantially the form of Exhibit A-1 A hereto, specifying therein the requested (i) date of such Drawing (which shall be a Canadian Business Day), (ii) aggregate Face Amount of such Drawing and (iii) initial BA Maturity Date for each Bankers’ Acceptance and Draft comprising part of such Drawing; provided, however, that, if the Canadian Sub-Administrative Agent determines in good faith (which determination shall be conclusive and binding upon TCCI) that the Drafts to be accepted and purchased (or purchased, as the case may be) as part of any Drawing cannot, due solely to the requested aggregate Face Amount thereof, be accepted and/or purchased ratably by the Tranche B C Lenders in accordance with Section 2.1(b2.01(c), then the aggregate Face Amount of such Bankers’ Acceptances to be created and purchased and Drafts to be purchased shall be reduced to such lesser amount as the Canadian Sub-Administrative Agent determines will permit such Drafts comprising part of such Drawing to be so accepted and purchased (or to be purchased, as the case may be). The Canadian Sub-Administrative Agent agrees that it will, as promptly as practicable, notify TCCI of the unavailability of Bankers’ Acceptances. Each Draft in connection with any requested Drawing (A) shall be in a minimum amount of CDN$5,000,000 CDN$1,000,000 or an integral multiple of CDN$1,000,000 CDN$100,000 in excess thereof, and (B) shall be dated the date of the proposed Drawing. Each Tranche B C Lender shall, before 1:00 P.M. (Montreal Toronto time) on the date of each Drawing, (i) complete one or more Drafts in accordance with the related Committed Loan Notice, accept such Drafts and purchase the Bankers’ Acceptances created thereby for the Drawing Purchase Price; or (ii) complete one or more Drafts in accordance with the Drawing Notice and purchase such Drafts for the Drawing Purchase Price and shall, before 1:00 P.M. (Montreal Toronto time) on such date, make available for the account of its Applicable Lending Office to the Canadian Sub-Administrative Agent at its Canadian Sub-appropriate Administrative Agent’s Office, in same day funds, the Drawing Purchase Price payable by such Tranche B C Lender for such Drafts less the Drawing Fee payable to such Tranche B C Lender with respect thereto under Section 2.15(b). Upon the fulfillment of the applicable conditions set forth in Section 4.2, the Canadian Sub-Administrative Agent will make the funds it has received from the Tranche B C Lenders available to TCCI by wire transfer in accordance with instructions provided to (and reasonably acceptable to) at the Canadian Sub-Agent by the Canadian Borrowerapplicable Administrative Agent’s Office.

Appears in 1 contract

Samples: 364 Day Credit Agreement (Toyota Motor Credit Corp)

Request for Drawing. Each Drawing shall be made on notice, given not later than 11:00 A.M. (Montreal Toronto time) on a Canadian Business Day at least two Canadian Business Days prior to the date of the proposed Drawing, by TCCI to the Canadian Sub-Agent, which shall give each Tranche B C Lender prompt notice thereof by telecopier. Each notice of a Drawing shall be in writing (including by telecopier), in substantially the form of Exhibit A-1 hereto, specifying therein the requested (i) date of such Drawing (which shall be a Canadian Business Day), (ii) aggregate Face Amount of such Drawing and (iii) initial BA Maturity Date for each Bankers’ Acceptance and Draft comprising part of such Drawing; provided, however, that, if the Canadian Sub-Agent determines in good faith (which determination shall be conclusive and binding upon TCCI) that the Drafts to be accepted and purchased (or purchased, as the case may be) as part of any Drawing cannot, due solely to the requested aggregate Face Amount thereof, be accepted and/or purchased ratably by the Tranche B C Lenders in accordance with Section 2.1(b2.01(c), then the aggregate Face Amount of such Bankers’ Acceptances to be created and purchased and Drafts to be purchased shall be reduced to such lesser amount as the Canadian Sub-Agent determines will permit such Drafts comprising part of such Drawing to be so accepted and purchased (or to be purchased, as the case may be). The Canadian Sub-Agent agrees that it will, as promptly as practicable, notify TCCI of the unavailability of Bankers’ Acceptances. Each Draft in connection with any requested Drawing (A) shall be in a minimum amount of CDN$5,000,000 or an integral multiple of CDN$1,000,000 in excess thereof, and (B) shall be dated the date of the proposed Drawing. Each Tranche B C Lender shall, before 1:00 P.M. (Montreal Toronto time) on the date of each Drawing, (i) complete one or more Drafts in accordance with the related Committed Loan Notice, accept such Drafts and purchase the Bankers’ Acceptances created thereby for the Drawing Purchase Price; or (ii) complete one or more Drafts in accordance with the Drawing Notice and purchase such Drafts for the Drawing Purchase Price and shall, before 1:00 P.M. (Montreal Toronto time) on such date, make available for the account of its Applicable Lending Office to the Canadian Sub-Agent at its Canadian Sub-Agent’s Office, in same day funds, the Drawing Purchase Price payable by such Tranche B C Lender for such Drafts less the Drawing Fee payable to such Tranche B C Lender with respect thereto under Section 2.15(b). Upon the fulfillment of the applicable conditions set forth in Section 4.2, the Canadian Sub-Agent will make the funds it has received from the Tranche B C Lenders available to TCCI by wire transfer in accordance with instructions provided to (and reasonably acceptable to) at the applicable Canadian Sub-Agent by the Canadian Borrower.Agent’s Office. NYDOCS03/828370

Appears in 1 contract

Samples: 364 Day Credit Agreement (Toyota Motor Credit Corp)

Request for Drawing. Each Drawing shall be made on notice, given not later than 11:00 A.M. (Montreal time) on a Canadian Business Day at least two Canadian Business Days prior to the date of the proposed Drawing, by TCCI to the Canadian Sub-Agent, which shall give each Tranche B Lender prompt notice thereof by telecopier. Each notice of a Drawing shall be in writing (including by telecopier), in substantially the form of Exhibit A-1 A -1 hereto, specifying therein the requested (i) date of such Drawing (which shall be a Canadian Business Day), (ii) aggregate Face Amount of such Drawing and (iii) initial BA Maturity Date for each Bankers’ Acceptance and Draft comprising part of such Drawing; provided, however, that, if the Canadian Sub-Agent determines in good faith (which determination shall be conclusive and binding upon TCCI) that the Drafts to be accepted and purchased (or purchased, as the case may be) as part of any Drawing cannot, due solely to the requested aggregate Face Amount thereof, be accepted and/or purchased ratably by the Tranche B Lenders in accordance with Section 2.1(b), then the aggregate Face Amount of such Bankers’ Acceptances to be created and purchased and Drafts to be purchased shall be reduced to such lesser amount as the Canadian Sub-Agent determines will permit such Drafts comprising part of such Drawing to be so accepted and purchased (or to be purchased, as the case may be). The Canadian Sub-Agent agrees that it will, as promptly as practicable, notify TCCI of the unavailability of Bankers’ Acceptances. Each Draft in connection with any requested Drawing (A) shall be in a minimum amount of CDN$5,000,000 or an integral multiple of CDN$1,000,000 in excess thereof, and (B) shall be dated the date of the proposed Drawing. Each Tranche B Lender shall, before 1:00 P.M. (Montreal time) on the date of each Drawing, (i) complete one or more Drafts in accordance with the related Committed Loan Notice, accept such Drafts and purchase the Bankers’ Acceptances created thereby for the Drawing Purchase Price; or (ii) complete one or more Drafts in accordance with the Drawing Notice and purchase such Drafts for the Drawing Purchase Price and shall, before 1:00 P.M. (Montreal time) on such date, make available for the account of its Applicable Lending Office to the Canadian Sub-Agent at its Canadian Sub-Agent’s Office, in same day funds, the Drawing Purchase Price payable by such Tranche B Lender for such Drafts less the Drawing Fee payable to such Tranche B Lender with respect thereto under Section 2.15(b). Upon the fulfillment of the applicable conditions set forth in Section 4.2, the Canadian Sub-Agent will make the funds it has received from the Tranche B Lenders available to TCCI by wire transfer in accordance with instructions provided to (and reasonably acceptable to) the Canadian Sub-Agent by the Canadian Borrower.

Appears in 1 contract

Samples: 364 Day Credit Agreement (Toyota Motor Credit Corp)

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Request for Drawing. Each Drawing shall be made on notice, given not later than 11:00 A.M. a.m. (Montreal New York City time) on a Canadian Business Day at least two three Canadian Business Days prior to the date of the proposed Drawing, by TCCI any Canadian Borrower to the Canadian Sub-Administrative Agent, which shall give each Tranche B Canadian Lender prompt notice thereof by telecopier. Each notice of a Drawing (a "NOTICE OF DRAWING") shall be in writing (including by telecopier), in substantially the form of Exhibit A-1 B-2 hereto, specifying therein the requested (i) date of such Drawing (which shall be a Canadian Business Day), (ii) aggregate Face Amount of such Drawing and (iii) initial BA Maturity Date for each Bankers' Acceptance and Draft BA Equivalent Advances comprising part of such Drawing; provided, however, that, if the Canadian Sub-Administrative Agent determines in good faith (which determination shall be conclusive and binding upon TCCIsuch Canadian Borrower) that the Drafts to be accepted and purchased (or purchased, as the case may be) as part of any Drawing cannot, due solely to the requested aggregate Face Amount thereof, be accepted and/or purchased ratably by the Tranche B Canadian Lenders in accordance with Section 2.1(b2.01(e), then the aggregate Face Amount of such Drawing (or the Face Amount of Bankers' Acceptances and Notional Bankers' Acceptances to be created and purchased and Drafts to be purchased by any Canadian Lender) shall be reduced to such lesser amount as the Canadian Sub-Administrative Agent determines will permit such Drafts comprising part of such Drawing to be so accepted and purchased (or and, unless such Canadian Borrower shall have given written notice to the contrary to the Administrative Agent, each Canadian Lender shall fund the difference between such Lender's ratable portion of the original aggregate Face Amount of such Drawing and the Face Amount of the Bankers' Acceptances to be purchasedcreated by such Lender after giving effect to such reduction in the form of a Canadian Advance, as the case may bewhich shall be deemed for all purposes hereof to be a Canadian Advance made pursuant to Section 2.01(c). The Canadian Sub-Administrative Agent agrees that it will, as promptly as practicable, notify TCCI such Canadian Borrower of the unavailability of Bankers’ Acceptances' Acceptances and, if applicable, of the date and the amount of each Canadian Advance to be made or actually made in accordance with the immediately preceding sentence. Each Draft in connection with any requested Drawing (A) shall be in a minimum amount of CDN$5,000,000 CN$1,000,000 or an integral multiple of CDN$1,000,000 CN$100,000 in excess thereof, and (B) shall be dated the date of the proposed Drawing. Each Tranche B Canadian Lender that is a BA Lender shall, before 1:00 P.M. (Montreal Toronto time) on the date of each Drawing, (i) complete one or more Drafts in accordance with the related Committed Loan NoticeNotice of Drawing, accept such Drafts and purchase the Bankers' Acceptances created thereby for the Drawing Purchase Price; or (ii) complete one or more Drafts in accordance with the Drawing Notice and purchase such Drafts for the Drawing Purchase Price and shall, before 1:00 P.M. (Montreal Toronto time) on such date, make available for the account of its Applicable Lending Office to the Canadian Sub-Administrative Agent at its Canadian Sub-appropriate Administrative Agent’s Office's Account, in same day funds, the Drawing Purchase Price payable by such Tranche B Lender for such Drafts Drawing less the Drawing Stamping Fee payable to such Tranche B Lender with respect thereto under Section 2.15(b2.09(d). Each Non-BA Lender shall, in lieu of accepting its proportionate amount of Bankers Acceptances forming part of a Drawing, make available to Borrower a loan (a "BA EQUIVALENT ADVANCE") in Canadian Dollars in an amount equal to the Drawing Purchase Price of the Bankers' Acceptances (which Bankers' Acceptances are referred to herein collectively as the "NOTIONAL BANKERS' ACCEPTANCES") that Non-BA Lender would have been required to accept if it were a BA Lender. Each Non-BA Lender shall, before 1:00 p.m. (Toronto time) on the date of each Drawing, make available for the account of its Applicable Lending Office to the Administrative Agent at its appropriate Administrative Agent's Account, in same day funds, the amount of the BA Equivalent Advance, less an amount equal to the Stamping Fee that would have been applicable to the Notional Bankers' Acceptance had it been a Bankers' Acceptance. In this Agreement, for the purposes of calculating the outstanding amount of any BA Equivalent Advance, such outstanding amount will be equal to the Face Amount of the Notional Bankers' Acceptance that corresponds to such BA Equivalent Advance. Upon the fulfillment of the applicable conditions set forth in Section 4.2Article III, the Canadian Sub-Administrative Agent will make the funds it has received from the Tranche B Canadian Lenders available to TCCI such Canadian Borrower by wire transfer in accordance with instructions provided to (and reasonably acceptable to) the Canadian Sub-Agent by crediting the Canadian Borrower's Account.

Appears in 1 contract

Samples: Credit Agreement (Laidlaw International Inc)

Request for Drawing. Each Drawing shall be made on notice, given not later than 11:00 A.M. (Montreal Toronto time) on a Canadian Business Day at least two Canadian Business Days prior to the date of the proposed Drawing, by TCCI the Canadian Borrower to the Canadian Sub-Administrative Agent, which shall give each Tranche B Multicurrency Lender prompt notice thereof by telex or telecopier. Each notice of a Drawing (a "Notice of Drawing") shall be in writing (including by telex or telecopier), in substantially the form of Exhibit A-1 B-2 hereto, and shall be confirmed by telephone immediately by the Canadian Borrower, specifying therein the requested (i) date of such Drawing (which shall be a Canadian Business Day), (ii) aggregate Face Amount of such Drawing and (iii) initial BA Maturity Date for each Bankers' Acceptance and Draft comprising part of such Drawing; provided, however, that, if the Canadian Sub-Administrative Agent determines in good faith (which determination shall be conclusive and binding upon TCCIthe Canadian Borrower) that the Drafts to be accepted and purchased (or purchased, as the case may be) as part of any Drawing cannot, due solely to the requested aggregate Face Amount thereof, be accepted and/or purchased ratably by the Tranche B Multicurrency Lenders in accordance with Section 2.1(b2.01(h), (provided that the Multicurrency Lenders may otherwise agree to fund such Drawing disproportionately), then the aggregate Face Amount of such Drawing (or the Face Amount of Bankers' Acceptances to be created and purchased and Drafts to be purchased by any Multicurrency Lender) shall be reduced to such lesser amount as the Canadian Sub-Administrative Agent determines will permit such Drafts comprising part of such Drawing to be so accepted and purchased (or and, unless the Canadian Borrower shall have given written notice to the contrary to the Administrative Agent, each Multicurrency Lender shall fund the difference between such Lender's ratable portion of the original aggregate Face Amount of such Drawing and the Face Amount of the Bankers' Acceptances to be purchasedcreated by such Lender after giving effect to such reduction in the form of a Canadian Prime Rate Advance, as the case may bewhich shall be deemed for all purposes hereof to be a Multicurrency Advance made pursuant to Section 2.01(h). The Canadian Sub-Administrative Agent agrees that it will, as promptly as practicable, notify TCCI the Canadian Borrower of the unavailability of Bankers’ Acceptances' Acceptances and, if applicable, of the date and the amount of each Canadian Prime Rate Advance to be made or actually made in accordance with the immediately preceding sentence. Each Draft in connection with any requested Drawing (A) shall be in a minimum amount of CDN$5,000,000 CN$100,000 or an integral multiple of CDN$1,000,000 CN$100,000 in excess thereof, and (B) shall be dated the date of the proposed Drawing. Each Tranche B Multicurrency Lender shall, before 1:00 P.M. p.m. (Montreal Toronto time) on the date of each Drawing, (i) complete one or more Drafts in accordance with the related Committed Loan NoticeNotice of Drawing, accept such Drafts and purchase the Bankers' Acceptances created thereby for the Drawing Purchase Price; or (ii) complete one or more Drafts in accordance with the Drawing Notice and purchase such Drafts for the Drawing Purchase Price and shall, before 1:00 P.M. p.m. (Montreal Toronto time) on such date, make available for the account of its Applicable Lending Office to the Canadian Sub-Administrative Agent at its Canadian Sub-appropriate Administrative Agent’s Office's Account, in same day funds, the Drawing Purchase Price payable by such Tranche B Lender for such Drafts Drawing less the Drawing Fee payable to such Tranche B Lender with respect thereto under Section 2.15(b2.09(d). Upon the fulfillment of the applicable conditions set forth in Section 4.2Article III, the Canadian Sub-Administrative Agent will make the funds it has received from the Tranche B Multicurrency Lenders available to TCCI by wire transfer in accordance with instructions provided to (and reasonably acceptable to) the Canadian Sub-Agent Borrower by crediting the Canadian relevant Borrower's Account or at the applicable Payment Office, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (WHX Corp)

Request for Drawing. Each Drawing shall be made on notice, given not later than 11:00 A.M. a.m. (Montreal time) on a Canadian Business Day at least two Canadian Business Days prior to the date of the proposed Drawing, by TCCI to the Canadian Sub-Agent, which shall give each Tranche B Lender prompt notice thereof by telecopier. Each notice of a Drawing shall be in writing (including by telecopier), in substantially the form of Exhibit A-1 hereto, specifying therein the requested (i) date of such Drawing (which shall be a Canadian Business Day), (ii) aggregate Face Amount of such Drawing and (iii) initial BA Maturity Date for each Bankers’ Acceptance and Draft comprising part of such Drawing; provided, however, that, if the Canadian Sub-Agent determines in good faith (which determination shall be conclusive and binding upon TCCI) that the Drafts to be accepted and purchased (or purchased, as the case may be) as part of any Drawing cannot, due solely to the requested aggregate Face Amount thereof, be accepted and/or purchased ratably by the Tranche B Lenders in accordance with Section 2.1(b), then the aggregate Face Amount of such Bankers’ Acceptances to be created and purchased and Drafts to be purchased shall be reduced to such lesser amount as the Canadian Sub-Agent determines will permit such Drafts comprising part of such Drawing to be so accepted and purchased (or to be purchased, as the case may be). The Canadian Sub-Agent agrees that it will, as promptly as practicable, notify TCCI of the unavailability of Bankers’ Acceptances. Each Draft in connection with any requested Drawing (A) shall be in a minimum amount of CDN$5,000,000 or an integral multiple of CDN$1,000,000 in excess thereof, and (B) shall be dated the date of the proposed Drawing. Each Tranche B Lender shall, before 1:00 P.M. (Montreal time) on the date of each Drawing, (i) complete one or more Drafts in accordance with the related Committed Loan Notice, accept such Drafts and purchase the Bankers’ Acceptances created thereby for the Drawing Purchase Price; or (ii) complete one or more Drafts in accordance with the Drawing Committed Loan Notice and purchase such Drafts for the Drawing Purchase Price and shall, before 1:00 P.M. (Montreal time) on such date, make available for the account of its Applicable Lending Office to the Canadian Sub-Agent at its Canadian Sub-Agent’s Office, in same day funds, the Drawing Purchase Price payable by such Tranche B Lender for such Drafts less the Drawing Fee payable to such Tranche B Lender with respect thereto under Section 2.15(b). Upon the Toyota – Five Year Credit Agreement (2015) fulfillment of the applicable conditions set forth in Section 4.2, the Canadian Sub-Agent will make the funds it has received from the Tranche B Lenders available to TCCI by wire transfer in accordance with instructions provided to (and reasonably acceptable to) the Canadian Sub-Agent by the Canadian Borrower.

Appears in 1 contract

Samples: Credit Agreement (Toyota Motor Credit Corp)

Request for Drawing. Each Drawing shall be made on notice, given not later than 11:00 A.M. 12:00 noon (Montreal Toronto time) on a Canadian Business Day at least two Canadian Business Days prior to the date of the proposed Drawing, by TCCI Lafarge Canada to the Canadian Sub-Agent, which shall give each Tranche B Canadian Lender prompt notice thereof by telecopiertelecopier on such date. Each notice of a Drawing (a “Notice of Drawing”) shall be in writing (including by telecopier), in substantially the form of Exhibit A-1 B-3 hereto, and shall be confirmed by telephone immediately by Lafarge Canada, specifying therein the requested (i) date of such Drawing (which shall be a Canadian Business Day), (ii) aggregate Face Amount of such Drawing and (iii) initial BA Maturity Date for each Bankers’ Acceptance and Draft or Acceptance Note comprising part of such Drawing; provided, however, that, if the Canadian Sub-Agent determines in good faith (which determination shall be conclusive and binding upon TCCILafarge Canada) that the Drafts to be accepted and purchased (or purchased, as the case may be) as part of any Drawing cannot, due solely to the requested aggregate Face Amount thereof, be accepted and/or purchased ratably by the Tranche B Canadian Lenders in accordance with Section 2.1(b2.01(c), then the aggregate Face Amount of such Drawing (or the Face Amount of Bankers’ Acceptances or Acceptance Notes to be created and purchased and Drafts to be purchased by any Canadian Lender) shall be reduced to such lesser amount as the Canadian Sub-Agent determines will permit such Drafts comprising part of such Drawing to be so accepted and purchased (and, unless Lafarge Canada shall have given written notice to the contrary to the Agent, each Canadian Lender shall fund the difference between such Lender’s ratable portion of the original aggregate Face Amount of such Drawing and the Face Amount of the Bankers’ Acceptances or Acceptance Notes to be purchasedcreated by such Lender after giving effect to such reduction in the form of a Canadian Prime Rate Advance, as the case may bewhich shall be deemed for all purposes hereof to be a Committed Advance made pursuant to Section 2.01(b). The Canadian Sub-Agent agrees that it will, as promptly as practicable, notify TCCI Lafarge Canada of the unavailability of Bankers’ AcceptancesAcceptances or Acceptance Notes and, if applicable, of the date and the amount of each Canadian Prime Rate Advance made or to be made in accordance with the immediately preceding sentence. Each Draft in connection with any requested Drawing (A) shall be in a minimum amount of CDN$5,000,000 CN$1,000,000 or an integral multiple of CDN$1,000,000 CN$100,000 in excess thereof, and (B) shall be dated the date of the proposed Drawing. Each Tranche B Canadian Lender shall, before 1:00 P.M. p.m. (Montreal Toronto time) on the date of each Drawing, (i) complete one or more Drafts in accordance with the related Committed Loan NoticeNotice of Drawing, accept such Drafts and purchase the Bankers’ Acceptances or Acceptance Notes created thereby for the Drawing Purchase Price; or (ii) complete one or more Drafts in accordance with the Drawing Notice and purchase such Drafts for the Drawing Purchase Price and shall, before 1:00 P.M. p.m. (Montreal Toronto time) on such date, make available for the account of its Applicable Lending Office to the Canadian Sub-Agent at its Canadian Sub-applicable Agent’s OfficeAccount, in same day funds, the Drawing Purchase Price payable by such Tranche B Lender for such Drafts Drawing less the Drawing Fee payable to such Tranche B Lender with respect thereto under Section 2.15(b2.05(c). Upon the fulfillment of the applicable conditions set forth in Section 4.2Article III, the Canadian Sub-Agent will make the funds it has received from the Tranche B Lenders available to TCCI Lafarge Canada by wire transfer in accordance with instructions provided to (and reasonably acceptable to) crediting Lafarge Canada’s Account or at the Canadian Sub-Agent by the Canadian Borrowerapplicable Agent’s Account.

Appears in 1 contract

Samples: Credit Agreement (Lafarge North America Inc)

Request for Drawing. Each Drawing shall be made on notice, given not later than 11:00 A.M. (Montreal New York City time) on a Canadian Business Day at least two Canadian Business Days prior to the date of the proposed Drawing, by TCCI any Canadian Borrower to the Canadian Sub-Agent, which shall give each Tranche B Canadian Lender prompt notice thereof by telecopier. Each notice of a Drawing shall be in writing (including by telecopier), in substantially the form of Exhibit A-1 B hereto, specifying therein the requested (i) date of such Drawing (which shall be a Canadian Business Day), (ii) aggregate Face Amount of such Drawing and (iii) initial BA Maturity Date for each Bankers’ Acceptance and Draft BA Equivalent Notes comprising part of such Drawing; provided, however, that, if the Canadian Sub-Agent determines in good faith (which determination shall be conclusive and binding upon TCCIsuch Canadian Borrower) that the Drafts to be accepted and purchased (or purchased, as the case may be) as part of any Drawing cannot, due solely to the requested aggregate Face Amount thereof, be accepted and/or purchased ratably by the Tranche B Canadian Lenders in accordance with Section 2.1(b2.01(c), then the aggregate Face Amount of such Drawing (or the Face Amount of Bankers’ Acceptances and BA Equivalent Notes to be created and purchased and Drafts to be purchased by any Canadian Lender) shall be reduced to such lesser amount as the Canadian Sub-Agent determines will permit such Drafts comprising part of such Drawing to be so accepted and purchased (or to be purchased, as the case may be). The Canadian Sub-Agent agrees that it will, as promptly as practicable, notify TCCI such Canadian Borrower of the unavailability of Bankers’ Acceptances. Each Draft in connection with any requested Drawing (A) shall be in a minimum amount of CDN$5,000,000 CN$1,000,000 or an integral multiple of CDN$1,000,000 CN$100,000 in excess thereof, and (B) shall be dated the date of the proposed Drawing. Each Tranche B Canadian Lender that is a BA Canadian Lender shall, before 1:00 P.M. (Montreal New York City time) on the date of each Drawing, (i) complete one or more Drafts in accordance with the related Committed Loan NoticeNotice of Borrowing, accept such Drafts and purchase the Bankers’ Acceptances created thereby for the Drawing Purchase Price; or (ii) complete one or more Drafts in accordance with the Drawing Notice and purchase such Drafts for the Drawing Purchase Price and shall, before 1:00 P.M. (Montreal New York City time) on such date, make available for the account of its Applicable Lending Office to the Canadian Sub-Agent at its Canadian Sub-appropriate Agent’s OfficeAccount, in same day funds, the Drawing Purchase Price payable by such Tranche B Canadian Lender for such Drafts Drawing less the Drawing Stamping Fee payable to such Tranche B Canadian Lender with respect thereto under Section 2.15(b2.19(b). Each Non-BA Canadian Lender shall, in lieu of accepting its proportionate amount of Bankers Acceptances forming part of a Drawing, make available such Canadian Borrower a loan (a “BA Equivalent Note”) in Canadian Dollars in an amount equal to the Drawing Purchase Price of the Bankers’ Acceptances that such Non-BA Canadian Lender would have been required to accept if it were a BA Canadian Lender. Each Non-BA Canadian Lender shall, before 1:00 P.M. (New York City time) on the date of each Drawing, make available for the account of its Applicable Lending Office to the Agent at its appropriate Agent’s Account, in same day funds, the amount of the BA Equivalent Note, less an amount equal to the Stamping Fee that would have been applicable to the BA Equivalent Note had it been a Bankers’ Acceptance. Upon the fulfillment of the applicable conditions set forth in Section 4.23.03, the Canadian Sub-Agent will make the funds it has received from the Tranche B Canadian Lenders available to TCCI by wire transfer such Canadian Borrower requesting such Drawing at the Agent’s address referred to in accordance with instructions provided to (and reasonably acceptable to) Section 9.02 or at the Canadian Sub-Agent by applicable Payment Office, as the Canadian Borrowercase may be.

Appears in 1 contract

Samples: Credit Agreement (Chemtura CORP)

Request for Drawing. Each Drawing shall be made on noticenotice (which may be given by telephone, which shall be promptly followed up by notice thereof by telecopier), given not later than 11:00 A.M. (Montreal time) the Applicable Time on a Canadian Business Day at least two Canadian Business Days prior to the date of the proposed Drawing (or, in the case of a proposed Drawing with a BA Maturity Date that is greater than one, two, three or six months from the date of Drawing as provided in the definition of “BA Maturity Date”, at least three Business Days prior to the date of the proposed Drawing), by TCCI the applicable Canadian Borrower to the Canadian Sub-Administrative Agent, which shall give each Tranche B Canadian Revolving Credit Lender prompt notice thereof by telecopier. Each notice of a Drawing (a “Notice of Drawing”) shall be in writing (including by telecopier), in substantially the form of Exhibit A-1 H hereto, specifying therein the requested (i) date of such Drawing (which shall be a Canadian Business Day), (ii) aggregate Face Amount of such Drawing and (iii) initial BA Maturity Date for each Bankers’ Acceptance and Draft BA Equivalent Advance comprising part of such Drawing; provided, however, that, if the Canadian Sub-Agent determines in good faith (which determination shall be conclusive and binding upon TCCI) that the Drafts to be accepted and purchased (or purchased, as the case may be) as part of any Drawing cannot, due solely to the requested aggregate Face Amount thereof, be accepted and/or purchased ratably by the Tranche B Lenders in accordance with Section 2.1(b), then the aggregate Face Amount of such Bankers’ Acceptances to be created and purchased and Drafts to be purchased shall be reduced to such lesser amount as the Canadian Sub-Agent determines will permit such Drafts comprising part of such Drawing to be so accepted and purchased (or to be purchased, as the case may be). The Canadian Sub-Administrative Agent agrees that it will, as promptly as practicable, notify TCCI such Canadian Borrower of the unavailability of Bankers’ Acceptances. Each Draft in connection with any requested Drawing (A) shall be in a minimum amount Face Amount of CDN$5,000,000 C$2,500,000 or an integral multiple of CDN$1,000,000 C$100,000 in excess thereofthereof (or such lesser amount to the extent representing the remaining Outstanding Amount under the Canadian Revolving Credit Facility). The Face Amount of the Bankers’ Acceptances and Notional Bankers’ Acceptances to be created and purchased by any Canadian Revolving Credit Lender shall equal each Canadian Revolving Credit Lender’s Applicable Percentage of such Face Amount, and (B) rounded to the nearest Canadian Dollar. Each Draft shall be dated the date of the proposed Drawing. Each Tranche B Canadian Revolving Credit Lender that is a BA Lender shall, before 1:00 P.M. p.m. (Montreal New York time) on the date of each Drawing, (i) complete one or more Drafts in accordance with the related Committed Loan NoticeNotice of Drawing, accept such Drafts and purchase the Bankers’ Acceptances created thereby for the Drawing Purchase Price; or (ii) complete one or more Drafts in accordance with the Drawing Notice and purchase such Drafts for the Drawing Purchase Price and shall, before 1:00 P.M. p.m. (Montreal New York time) on such date, make available for the account of its Applicable Lending Office to the Canadian Sub-Administrative Agent in immediately available funds at its Canadian Sub-the Administrative Agent’s Office, in same day funds, the Drawing Purchase Price payable by such Tranche B Lender for such Drafts Drawing less the Drawing BA Acceptance Fee payable to such Tranche B Lender with respect thereto under Section 2.15(b2.10(b)(iii). Each Non-BA Lender shall, in lieu of accepting its proportionate amount of Bankers Acceptances forming part of a Drawing, make available to such Canadian Borrower a loan (a “BA Equivalent Advance”) in Canadian Dollars in an amount equal to the Drawing Purchase Price of the Bankers’ Acceptances (which loans are referred to herein as “Notional Bankers’ Acceptances”) that such Non-BA Lender would have been required to accept if it were a BA Lender. Each Non-BA Lender shall, before 1:00 p.m. (New York time) on the date of each Drawing, make available to the Administrative Agent in immediately available funds at the Administrative Agent’s Office, the amount of the BA Equivalent Advance, less an amount equal to the BA Acceptance Fee that would have been applicable to the Notional Bankers’ Acceptance had it been a Bankers’ Acceptance. In this Agreement, for the purposes of calculating the Outstanding Amount of any BA Equivalent Advance, such Outstanding Amount will be equal to the Face Amount of the Notional Bankers’ Acceptance that corresponds to such BA Equivalent Advance. Upon the fulfillment of the applicable conditions set forth in Section 4.2Article IV, the Canadian Sub-Administrative Agent will make the funds it has received from the Tranche B such Canadian Revolving Credit Lenders available to TCCI such Canadian Borrower by wire transfer in accordance with instructions provided to (and reasonably acceptable to) crediting the Canadian Sub-Agent by account of the relevant Canadian Borrower.

Appears in 1 contract

Samples: Credit Agreement (Ipsco Inc)

Request for Drawing. Each Drawing shall be made on notice, given not later than 11:00 A.M. 12:00 noon (Montreal Toronto time) on a Canadian Business Day at least two Canadian Business Days prior to the date of the proposed Drawing, by TCCI a Borrower to the Canadian Sub-Agent, which shall give each Tranche B Lender prompt notice thereof by telecopier. Each notice of a Drawing (a “Notice of Drawing”) shall be in writing (including by telecopier), in substantially the form of Exhibit A-1 B-2 hereto, and shall be confirmed by telephone immediately by the applicable Borrower, specifying therein the requested (i) date of such Drawing (which shall be a Canadian Business Day), (ii) aggregate Face Amount of such Drawing and (iii) initial BA Maturity Date for each Bankers’ Acceptance and Draft comprising part of such Drawing; provided, however, that, if the Canadian Sub-Agent determines in good faith (which determination shall be conclusive and binding upon TCCIthe applicable Borrower) that the Drafts to be accepted and purchased (or purchased, as the case may be) as part of any Drawing cannot, due solely to the requested aggregate Face Amount thereof, be accepted and/or purchased ratably by the Tranche B Lenders in accordance with Section 2.1(b2.01(b), then the aggregate Face Amount of such Drawing (or the Face Amount of Bankers’ Acceptances to be created and purchased and Drafts to be purchased by any Lender) shall be reduced to such lesser amount as the Canadian Sub-Agent determines will permit such Drafts comprising part of such Drawing to be so accepted and purchased (or and, unless the applicable Borrower shall have given written notice to the contrary to the Agent, each Lender shall fund the difference between such Lender’s ratable portion of the original aggregate Face Amount of such Drawing and the Face Amount of the Bankers’ Acceptances to be purchasedcreated by such Lender after giving effect to such reduction in the form of a Prime Rate Advance, as the case may bewhich shall be deemed for all purposes hereof to be an Advance made pursuant to Section 2.01(a). The Canadian Sub-Agent agrees that it will, as promptly as practicable, notify TCCI the applicable Borrower of the unavailability of Bankers’ AcceptancesAcceptances and, if applicable, of the date and the amount of each Prime Rate Advance to be made or actually made in accordance with the immediately preceding sentence. Each Draft in connection with any requested Drawing (A) shall be in a minimum amount of CDN$5,000,000 CN$100,000 or an integral multiple of CDN$1,000,000 CN$100,000 in excess thereof, and (B) shall be dated the date of the proposed Drawing. If the Agent receives from a Borrower a Notice of Drawing requesting a BA Advance, the Agent shall notify each of the Lenders, prior to 11:00 a.m. on the first Business Day prior to the date of such Advance, of such request and each Lender’s Ratable Share of such Advance except that, if the face amount of a draft Bankers’ Acceptance that would otherwise be accepted by a Lender would not be CN$ 100,000, or an integral multiple thereof, such face amount shall be increased or reduced by the Paying Agent in its sole and unfettered discretion to the nearest integral multiple of CN$100,000. On the date specified in a Notice of Drawing on which Bankers’ Acceptances are to be accepted, the Agent shall advise the relevant Borrower and the Lenders as to the Agent’s determination of the BA Rate. Each Tranche B Lender shall, before 1:00 P.M. p.m. (Montreal Toronto time) on the date of each Drawing, (i) complete one or more Drafts in accordance with the related Committed Loan NoticeNotice of Drawing, accept such Drafts and purchase the Bankers’ Acceptances created thereby for the Drawing Purchase Price; or (ii) complete one or more Drafts in accordance with the Drawing Notice and purchase such Drafts for the Drawing Purchase Price and shall, before 1:00 P.M. p.m. (Montreal Toronto time) on such date, make available for the account of its Applicable Lending Office to the Canadian Sub-Agent at its Canadian Sub-the Agent’s OfficeAccount, in same day funds, the Drawing Purchase Price payable by such Tranche B Lender for such Drafts Drawing less the Drawing Fee payable to such Tranche B Lender with respect thereto under Section 2.15(b2.04(b). Upon the fulfillment of the applicable conditions set forth in Section 4.2Article III, the Canadian Sub-Agent will make the funds it has received from the Tranche B Lenders available to TCCI by wire transfer in accordance with instructions provided to (and reasonably acceptable to) the Canadian Sub-Agent by applicable Borrower at the Canadian BorrowerAgent’s Account.

Appears in 1 contract

Samples: 364 Day Credit Agreement (Honeywell International Inc)

Request for Drawing. Each Drawing shall be made on notice, given not later than 11:00 A.M. (Montreal New York City time) on a Canadian Business Day at least two Canadian Business Days prior to the date of the proposed Drawing, by TCCI any Canadian Borrower to the Canadian Sub-Agent, which shall give each Tranche B Canadian Lender prompt notice thereof by telecopier. Each notice of a Drawing shall be in writing (including by telecopier), in substantially the form of Exhibit A-1 B hereto, specifying therein the requested (i) date of such Drawing (which shall be a Canadian Business Day), (ii) aggregate Face Amount of such Drawing and (iii) initial BA Maturity Date for each Bankers' Acceptance and Draft BA Equivalent Notes comprising part of such Drawing; provided, however, that, if the Canadian Sub-Agent determines in good faith (which determination shall be conclusive and binding upon TCCIsuch Canadian Borrower) that the Drafts to be accepted and purchased (or purchased, as the case may be) as part of any Drawing cannot, due solely to the requested aggregate Face Amount thereof, be accepted and/or purchased ratably by the Tranche B Canadian Lenders in accordance with Section 2.1(b2.01(c), then the aggregate Face Amount of such Drawing (or the Face Amount of Bankers' Acceptances and BA Equivalent Notes to be created and purchased and Drafts to be purchased by any Canadian Lender) shall be reduced to such lesser amount as the Canadian Sub-Agent determines will permit such Drafts comprising part of such Drawing to be so accepted and purchased (or to be purchased, as the case may be). The Canadian Sub-Agent agrees that it will, as promptly as practicable, notify TCCI such Canadian Borrower of the unavailability of Bankers' Acceptances. Each Draft in connection with any requested Drawing (A) shall be in a minimum amount of CDN$5,000,000 CN$1,000,000 or an integral multiple of CDN$1,000,000 CN$100,000 in excess thereof, and (B) shall be dated the date of the proposed Drawing. Each Tranche B Canadian Lender that is a BA Canadian Lender shall, before 1:00 P.M. (Montreal New York City time) on the date of each Drawing, (i) complete one or more Drafts in accordance with the related Committed Loan NoticeNotice of Borrowing, accept such Drafts and purchase the Bankers' Acceptances created thereby for the Drawing Purchase Price; or (ii) complete one or more Drafts in accordance with the Drawing Notice and purchase such Drafts for the Drawing Purchase Price and shall, before 1:00 P.M. (Montreal New York City time) on such date, make available for the account of its Applicable Lending Office to the Canadian Sub-Agent at its Canadian Sub-appropriate Agent’s Office's Account, in same day funds, the Drawing Purchase Price payable by such Tranche B Canadian Lender for such Drafts Drawing less the Drawing Stamping Fee payable to such Tranche B Canadian Lender with respect thereto under Section 2.15(b2.19(b). Each Non-BA Canadian Lender shall, in lieu of accepting its proportionate amount of Bankers Acceptances forming part of a Drawing, make available such Canadian Borrower a loan (a "BA Equivalent Note") in Canadian Dollars in an amount equal to the Drawing Purchase Price of the Bankers' Acceptances that such Non-BA Canadian Lender would have been required to accept if it were a BA Canadian Lender. Each Non-BA Canadian Lender shall, before 1:00 P.M. (New York City time) on the date of each Drawing, make available for the account of its Applicable Lending Office to the Agent at its appropriate Agent's Account, in same day funds, the amount of the BA Equivalent Note, less an amount equal to the Stamping Fee that would have been applicable to the BA Equivalent Note had it been a Bankers' Acceptance. Upon the fulfillment of the applicable conditions set forth in Section 4.23.03, the Canadian Sub-Agent will make the funds it has received from the Tranche B Canadian Lenders available to TCCI by wire transfer such Canadian Borrower requesting such Drawing at the Agent's address referred to in accordance with instructions provided to (and reasonably acceptable to) Section 9.02 or at the Canadian Sub-Agent by applicable Payment Office, as the Canadian Borrowercase may be.

Appears in 1 contract

Samples: Credit Agreement (Chemtura CORP)

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