Common use of Sale of Bankers’ Acceptances Clause in Contracts

Sale of Bankers’ Acceptances. It shall be the responsibility of each Lender unless otherwise requested by the Borrower, to purchase its Bankers’ Acceptances at a discount rate equal to the BA Discount Rate. In accordance with the procedures set forth in Sections 2.8(c)(i) and 2.8(c)(iii), unless the Borrower requests the Lenders not to purchase the subject Bankers’ Acceptances, the Agent will make BA Discount Proceeds received by it from the Lenders available to the Borrower on the Borrowing Date by wiring such amount to the bank account of the Borrower identified to the Agent. Notwithstanding the foregoing, if in the determination of the Majority Lenders acting reasonably a market for Bankers’ Acceptances does not exist at any time, or the Lenders collectively cannot for other reasons readily sell Bankers’ Acceptances or perform their other obligations under this Agreement with respect to Bankers’ Acceptances, then upon at least two Business Days’ written notice by the Agent to the Borrower, the Borrower’s right to request Accommodation by way of Bankers’ Acceptances shall be and remain suspended until the Agent notifies the Borrower that any condition causing such determination no longer exists.

Appears in 3 contracts

Samples: Assignment and Assumption (Midamerican Funding LLC), Assignment and Assumption (Midamerican Funding LLC), Credit Agreement (Pacificorp /Or/)

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Sale of Bankers’ Acceptances. It shall be the responsibility of each Lender unless otherwise requested by the Borrower, to purchase its Bankers’ Acceptances at a discount rate equal to the BA Discount Rate. In accordance with the procedures set forth in Sections 2.8(c)(i) and 2.8(c)(iiiparagraph 2.7(c)(iii), unless the Borrower requests the Lenders not to purchase the subject Bankers’ Acceptances, the Agent will make BA Discount Proceeds received by it from the Lenders available to the Borrower on the Borrowing Date by wiring crediting the Borrower’s Account with such amount to the bank account of the Borrower identified to the Agentamount. Notwithstanding the foregoing, if in the determination of the Majority Lenders acting reasonably a market for Bankers’ Acceptances does not exist at any time, or the Lenders collectively cannot for other reasons readily sell Bankers’ Acceptances or perform their other obligations under this Agreement with respect to Bankers’ Acceptances, then upon at least two (2) Business Days’ written notice by the Agent to the Borrower, the Borrower’s right to request Accommodation by way of Bankers’ Acceptances shall be and remain suspended until the Agent notifies the Borrower that any condition causing such determination no longer exists.

Appears in 2 contracts

Samples: Credit Agreement (Midamerican Funding LLC), Credit Agreement (Pacificorp /Or/)

Sale of Bankers’ Acceptances. It shall be the responsibility of each Lender unless otherwise requested to arrange, in accordance with normal market practice, for the sale on each Drawdown Date of the Bankers' Acceptances issued by the BorrowerBorrower and to be accepted by that Lender, to failing which the Lender shall purchase its Bankers’ Acceptances at a discount rate equal to the BA Discount Rate' Acceptances. In accordance with the procedures set forth in Sections 2.8(c)(i) and 2.8(c)(iii), unless the Borrower requests the Lenders not to purchase the subject Bankers’ AcceptancesSection 5.15, the Agent will make BA Discount Proceeds the net proceeds of the requested Advance by way of Bankers' Acceptances received by it from the Lenders available to the Borrower on the Borrowing Drawdown Date by wiring transferring such amount to the bank account of the Borrower identified to the AgentDesignated Account. Notwithstanding the foregoing, if in the determination of the Majority Lenders acting reasonably a market for Bankers' Acceptances does not exist at any time, or the Lenders collectively cannot for other reasons reasons, after reasonable efforts, readily sell Bankers' Acceptances or perform their other obligations under this Agreement with respect to Bankers' Acceptances, then upon at least two Business Days’ written notice by the Agent to the Borrower, the Borrower’s 's right to request Accommodation Advances by way of Bankers' Acceptances shall be and remain suspended until the Agent notifies the Borrower that any condition causing such determination no longer exists.

Appears in 2 contracts

Samples: Assignment Agreement (Norske Skog Canada LTD), Assignment Agreement (Norske Skog Canada LTD)

Sale of Bankers’ Acceptances. It shall be the responsibility of each Lender unless otherwise requested by the Borrower, to purchase its Bankers' Acceptances at a discount rate equal to the BA Discount Rate. LEGAL_1 :28825770.9 In accordance with the procedures set forth in Sections 2.8(c)(i) and 2.8(c)(iiiParagraph 2.7(c)(iii), unless the Borrower requests the Lenders not to purchase the subject Bankers' Acceptances, the Administrative Agent will make BA Discount Proceeds received by it from the Lenders available to the Borrower on the Borrowing Date by wiring crediting the Borrower's Account with such amount to the bank account of the Borrower identified to the Agentamount. Notwithstanding the foregoing, if in the determination of the Majority Lenders acting reasonably a market for Bankers' Acceptances does not exist at any time, or the Lenders collectively cannot for other reasons readily sell Bankers' Acceptances or perform their other obligations under this Agreement with respect to Bankers' Acceptances, then upon at least two (2) Business Days' written notice by the Administrative Agent to the Borrower, the Borrower’s 's right to request Accommodation by way of Bankers' Acceptances shall be and remain suspended until the Administrative Agent notifies the Borrower that any condition causing such determination no longer exists.

Appears in 1 contract

Samples: Credit Agreement (Berkshire Hathaway Energy Co)

Sale of Bankers’ Acceptances. It shall be the responsibility of each Lender unless otherwise requested by the Borrower, to purchase its Bankers' Acceptances at a discount rate equal to the BA Discount Rate. In accordance with the procedures set forth in Sections 2.8(c)(i) and 2.8(c)(iii), unless the Borrower requests the Lenders not to purchase the subject Bankers' Acceptances, the Agent will make BA Discount Proceeds received by it from the Lenders available to the Borrower on the Borrowing Date by wiring such amount to the bank account of the Borrower identified to the Agent. Notwithstanding the foregoing, if in the determination of the Majority Lenders acting reasonably a market for Bankers' Acceptances does not exist at any time, or the Lenders collectively cannot for other reasons readily sell Bankers' Acceptances or perform their other obligations under this Agreement with respect to Bankers' Acceptances, then upon at least two Business Days' written notice by the Agent to the Borrower, the Borrower’s 's right to request Accommodation by way of Bankers' Acceptances shall be and remain suspended until the Agent notifies the Borrower that any condition causing such determination no longer exists.

Appears in 1 contract

Samples: Credit Agreement (Berkshire Hathaway Energy Co)

Sale of Bankers’ Acceptances. It shall be the responsibility of each Lender unless otherwise requested to arrange, in accordance with normal market practice, for the sale on each Drawdown Date of the Bankers' Acceptances issued by any Borrower and to be accepted by that Lender, failing which the Borrower, to Lender shall purchase its Bankers’ Acceptances at a discount rate equal to the BA Discount Rate' Acceptances. In accordance with the procedures set forth in Sections 2.8(c)(i) and 2.8(c)(iii), unless the Borrower requests the Lenders not to purchase the subject Bankers’ AcceptancesSection 8.16, the Agent will make BA Discount Proceeds the net proceeds of the requested Advance by way of Bankers' Acceptances received by it from the Lenders available to the relevant Borrower on the Borrowing Drawdown Date by wiring crediting the Designated Account with such amount to the bank account of the Borrower identified to the Agentamount. Notwithstanding the foregoing, if in the determination of the Majority Lenders acting reasonably a market for Bankers' Acceptances does not exist at any time, or the Lenders collectively cannot for other reasons reasons, after reasonable efforts, readily sell Bankers' Acceptances or perform their other obligations under this Agreement with respect to Bankers' Acceptances, then upon at least two Business Days’ four days' written notice by the Agent to the BorrowerCHC, the Borrower’s Borrowers' right to request Accommodation Advances by way of Bankers' Acceptances shall be and remain suspended until the Agent notifies the Borrower CHC that any condition causing such determination no longer exists.

Appears in 1 contract

Samples: Credit Agreement (CHC Helicopter Corp)

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Sale of Bankers’ Acceptances. It shall be the responsibility of each Lender unless otherwise requested to arrange, in accordance with normal market practice, for the sale on each Drawdown Date of the Bankers' Acceptances issued by the BorrowerBorrower and to be accepted by that Lender, to failing which the Lender shall purchase its Bankers’ Acceptances at a discount rate equal to the BA Discount Rate' Acceptances. In accordance with the procedures set forth in Sections 2.8(c)(i) and 2.8(c)(iii), unless the Borrower requests the Lenders not to purchase the subject Bankers’ AcceptancesSection 8.15, the Agent will make BA Discount Proceeds the net proceeds of the requested Advance by way of Bankers' Acceptances received by it from the Lenders available to the Borrower on the Borrowing Drawdown Date by wiring transferring such amount to the bank account of the Borrower identified to the AgentDesignated Account. Notwithstanding the foregoing, if in the determination of the Majority Lenders acting reasonably a market for Bankers' Acceptances does not exist at any time, or the Lenders collectively cannot for other reasons reasons, after reasonable efforts, readily sell Bankers' Acceptances or perform their other obligations under this Agreement with respect to Bankers' Acceptances, then upon at least two Business Days’ written notice by the Agent to the Borrower, the Borrower’s 's right to request Accommodation Advances by way of Bankers' Acceptances shall be and remain suspended until the Agent notifies the Borrower that any condition causing such determination no longer exists.

Appears in 1 contract

Samples: Assignment Agreement (Norske Skog Canada LTD)

Sale of Bankers’ Acceptances. It shall be the responsibility of each Lender unless otherwise requested by the Borrower, to purchase its Bankers’ Acceptances at a discount rate equal to the BA Discount Rate. In accordance with the procedures set forth in Sections 2.8(c)(i) and 2.8(c)(iiiParagraph 2.7(c)(iii), unless the Borrower requests the Lenders not to purchase the subject Bankers’ Acceptances, the Administrative Agent will make BA Discount Proceeds received by it from the Lenders available to the Borrower on the Borrowing Date by wiring crediting the Borrower’s Account with such amount to the bank account of the Borrower identified to the Agentamount. Notwithstanding the foregoing, if in the determination of the Majority Lenders acting reasonably a market for Bankers’ Acceptances does not exist at any time, or the Lenders collectively cannot for other reasons readily sell Bankers’ Acceptances or perform their other obligations under this Agreement with respect to Bankers’ Acceptances, then upon at least two (2) Business Days’ written notice by the Administrative Agent to the Borrower, the Borrower’s right to request Accommodation by way of Bankers’ Acceptances shall be and remain suspended until the Administrative Agent notifies the Borrower that any condition causing such determination no longer exists.

Appears in 1 contract

Samples: Credit Agreement (Pacificorp /Or/)

Sale of Bankers’ Acceptances. It shall be the responsibility of each Lender unless otherwise requested by the Borrower, to purchase its Bankers' Acceptances at a discount rate equal to the BA Discount Rate. In accordance with the procedures set forth in Sections 2.8(c)(i) and 2.8(c)(iiiparagraph 2.7(c)(iii), unless the Borrower requests the Lenders not to purchase the subject Bankers' Acceptances, the Agent will make BA Discount Proceeds received by it from the Lenders available to the Borrower on the Borrowing Date by wiring crediting the Borrower's Account with such amount to the bank account of the Borrower identified to the Agentamount. Notwithstanding the foregoing, if in the determination of the Majority Lenders acting reasonably a market for Bankers' Acceptances does not exist at any time, or the Lenders collectively cannot for other reasons readily sell Bankers' Acceptances or perform their other obligations under this Agreement with respect to Bankers' Acceptances, then upon at least two (2) Business Days' written notice by the Agent to the Borrower, the Borrower’s 's right to request Accommodation by way of Bankers' Acceptances shall be and remain suspended until the Agent notifies the Borrower that any condition causing such determination no longer exists.

Appears in 1 contract

Samples: Credit Agreement (Berkshire Hathaway Energy Co)

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