Sale of Bankers’ Acceptances. It shall be the responsibility of each Lender to arrange, in accordance with normal market practice, for the sale on each Drawdown Date of the Bankers' Acceptances issued by the Borrower and to be accepted by that Lender, failing which the Lender shall purchase its Bankers' Acceptances. In accordance with the procedures set forth in Section 5.15, the Agent will make the net proceeds of the requested Advance by way of Bankers' Acceptances received by it from the Lenders available to the Borrower on the Drawdown Date by transferring such amount to the Designated 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 cannot for other reasons, after reasonable efforts, readily sell Bankers' Acceptances or perform their other obligations under this Agreement with respect to Bankers' Acceptances, then upon written notice by the Agent to the Borrower, the Borrower's right to request 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: Credit Agreement (Norske Skog Canada LTD), Credit Agreement (Norske Skog Canada LTD)
Sale of Bankers’ Acceptances. (1) It shall be the responsibility of each Lender to arrange, in accordance with normal market practice, for the sale on each Drawdown Date of the Bankers' Banker’s Acceptances issued by the Borrower and to be accepted by that Lender, failing which the Lender shall purchase its Bankers' Banker’s Acceptances. .
(2) In accordance with the procedures set forth in Section 5.155.11, the Agent will make the net proceeds of the requested Advance by way of Bankers' Banker’s Acceptances received by it from the Lenders available to the Borrower on the Drawdown Date by transferring such amount to crediting the Designated Account. Account with such amount.
(3) Notwithstanding the foregoing, if in the determination of the Majority Lenders Required Lenders, acting reasonably reasonably, a market for Bankers' Banker’s Acceptances does not exist at any time, or the Lenders cannot for other reasons, after reasonable efforts, readily sell Bankers' Banker’s Acceptances or perform their other obligations under this Agreement with respect to Bankers' Banker’s Acceptances, then upon at least one Business Day’s written notice by the Agent to the Borrower, the Borrower's ’s right to request Advances by way of Bankers' Banker’s Acceptances shall be and remain suspended until the Agent notifies the Borrower that any condition causing such determination no longer existsexists (and the Agent shall be obligated to so notify the Borrower promptly following such occurrence).
Appears in 2 contracts
Samples: Credit Agreement (Canwest Mediaworks Inc), Credit Agreement (Convergys Corp)
Sale of Bankers’ Acceptances. (1) It shall be the responsibility of each Lender to arrange, in accordance with normal market practice, for the sale on each Drawdown Date of the Bankers' Banker’s Acceptances issued by the Borrower and to be accepted by that Lender, failing which the Lender shall purchase its Bankers' Banker’s Acceptances. .
(2) In accordance with the procedures set forth in Section 5.156.11, the Agent will make the net proceeds of the requested Advance by way of Bankers' Banker’s Acceptances received by it from the Lenders available to the Borrower on the Drawdown Date by transferring such amount to crediting the Designated Account. Account with such amount.
(3) Notwithstanding the foregoing, if in the determination of the Majority Required Lenders acting reasonably a market for Bankers' Banker’s Acceptances does not exist at any time, or the Lenders cannot for other reasons, after reasonable efforts, readily sell Bankers' Banker’s Acceptances or perform their other obligations under this Agreement with respect to Bankers' Banker’s Acceptances, then upon at least one Business Day’s written notice by the Agent to the Borrower, the Borrower's ’s right to request Advances by way of Bankers' Banker’s Acceptances shall be and remain suspended until the Agent notifies the Borrower that any condition causing such determination no longer existsexists (and the Agent shall be obligated to so notify the Borrower promptly following such occurrence).
Appears in 1 contract
Samples: Credit Agreement (PHH Corp)
Sale of Bankers’ Acceptances. It shall be the responsibility of each Lender to arrange, in accordance with normal market practice, for the sale on each Drawdown Date of the Bankers' Acceptances issued by the Borrower and to be accepted by that Lender, failing which the Lender shall purchase its Bankers' Acceptances. In accordance with the procedures set forth in Section 5.158.15, the Agent will make the net proceeds of the requested Advance by way of Bankers' Acceptances received by it from the Lenders available to the Borrower on the Drawdown Date by transferring such amount to the Designated 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 cannot for other reasons, after reasonable efforts, readily sell Bankers' Acceptances or perform their other obligations under this Agreement with respect to Bankers' Acceptances, then upon written notice by the Agent to the Borrower, the Borrower's right to request 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
Sale of Bankers’ Acceptances. (1) It shall be the responsibility of each Lender to arrange, in accordance with normal market practice, for the sale on each Drawdown Date of the Bankers' Banker’s Acceptances issued by the Borrower and to be accepted by that Lender, failing which the Lender shall purchase its Bankers' Banker’s Acceptances. .
(2) In accordance with the procedures set forth in Section 5.155.10, the Agent will make the net proceeds of the requested Advance by way of Bankers' Banker’s Acceptances received by it from the Lenders available to the Borrower on the Drawdown Date by transferring such amount to crediting the Designated Account. Account with such amount.
(3) Notwithstanding the foregoing, if in the determination of the Majority Lenders Required Lenders, acting reasonably reasonably, a market for Bankers' Banker’s Acceptances does not exist at any time, or the Lenders cannot for other reasons, after reasonable efforts, readily sell Bankers' Banker’s Acceptances or perform their other obligations under this Agreement with respect to Bankers' Banker’s Acceptances, then upon at least one Business Day’s written notice by the Agent to the Borrower, the Borrower's ’s right to request Advances by way of Bankers' Banker’s Acceptances shall be and remain suspended until the Agent notifies the Borrower that any condition causing such determination no longer existsexists (and the Agent shall be obligated to so notify the Borrower promptly following such occurrence).
Appears in 1 contract
Sale of Bankers’ Acceptances. (1) It shall be the responsibility of each Lender to arrange, in accordance with normal market practice, for the sale on each Drawdown Date of the Bankers' Banker's Acceptances issued by the Borrower and to be accepted by that Lender, failing which the Lender shall purchase its Bankers' Banker's Acceptances. .
(2) In accordance with the procedures set forth in Section 5.155.11, the Agent will make the net proceeds of the requested Advance by way of Bankers' Banker's Acceptances received by it from the Lenders available to the Borrower on the Drawdown Date by transferring such amount to crediting the Designated Account. Account with such amount.
(3) Notwithstanding the foregoing, if in the determination of the Majority Lenders Required Lenders, acting reasonably reasonably, a market for Bankers' Banker's Acceptances does not exist at any time, or the Lenders cannot for other reasons, after reasonable efforts, readily sell Bankers' Banker's Acceptances or perform their other obligations under this Agreement with respect to Bankers' Banker's Acceptances, then upon at least one Business Day's written notice by the Agent to the Borrower, the Borrower's right to request Advances by way of Bankers' Banker's Acceptances shall be and remain suspended until the Agent notifies the Borrower that any condition causing such determination no longer existsexists (and the Agent shall be obligated to so notify the Borrower promptly following such occurrence).
Appears in 1 contract
Sale of Bankers’ Acceptances. (1) It shall be the responsibility of each Lender to arrange, in accordance with normal market practice, for the sale on each Drawdown Date of the Bankers' Banker’s Acceptances issued by the Borrower and to be accepted by that Lender, failing which the Lender shall purchase its Bankers' Banker’s Acceptances. .
(2) In accordance with the procedures set forth in Section 5.156.11, the Agent will make the net proceeds of the requested Advance by way of Bankers' Banker’s Acceptances received by it from the Lenders available to the applicable Borrower on the Drawdown Date by transferring such amount to crediting the Designated Account. Account with such amount.
(3) Notwithstanding the foregoing, if in the determination of the Majority Lenders Required Lenders, acting reasonably reasonably, a market for Bankers' Banker’s Acceptances does not exist at any time, or the Lenders cannot for other reasons, after reasonable efforts, readily sell Bankers' Banker’s Acceptances or perform their other obligations under this Agreement with respect to Bankers' Banker’s Acceptances, then upon at least one Business Day’s written notice by the Agent to the BorrowerBorrowers, the Borrower's Borrowers’ right to request Advances by way of Bankers' Banker’s Acceptances shall be and remain suspended until the Agent notifies the Borrower Borrowers that any condition causing such determination no longer existsexists (and the Agent shall be obligated to so notify the Borrowers promptly following such occurrence).
Appears in 1 contract
Samples: Credit Agreement (Convergys Corp)