Common use of Terms of Each Bankers' Acceptance Clause in Contracts

Terms of Each Bankers' Acceptance. Each Bankers’ Acceptance shall: (i) have a maturity date which shall be on a Business Day; (ii) subject to availability, have a Standard Term (excluding days of grace) or, with the consent of the Agent, such consent not to be unreasonably withheld, and subject to availability, have a term which is not a Standard Term; (iii) be denominated in the amount of Cdn. $100,000 and whole multiples thereof; and (iv) be in the standard form of each Lender; It is the intention of the parties that pursuant to the Depository Bills and Notes Act (Canada) (“DBNA”), all Bankers’ Acceptances accepted by the Lenders (other than the Old System Issuers) under this Agreement shall be issued in the form of a “depository bxxx” (as defined in the DBNA), deposited with the Canadian Depository for Securities Ltd. (“CDS”) and will be made payable to CDS & Co. In order to give effect to the foregoing, the Agent for the Lenders (other than the Old System Issuers) shall, subject to the approval of the Borrower and the Lenders (other than the Old System Issuers), establish and notify the Borrower and the Lenders (other than the Old System Issuers) of any additional procedures, consistent with the terms of this Agreement, as are reasonably necessary to accomplish such intention, including, without limitation: (A) any instrument held by the Agent for the purposes of Bankers’ Acceptances shall have marked prominently and legibly on its face and within its text, at or before the time of issue, the words “This is a depository bxxx subject to the Depository Bills and Notes Act (Canada)”; (B) any reference to the authentication of the Bankers’ Acceptance will be removed; and (C) any reference to “bearer” will be removed and such Bankers’ Acceptance shall not be marked with any words prohibiting negotiation, transfer or assignment of it or of an interest in it.

Appears in 3 contracts

Samples: Credit Agreement (Pengrowth Energy Trust), Credit Agreement (Pengrowth Energy Trust), Credit Agreement (Pengrowth Energy Trust)

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Terms of Each Bankers' Acceptance. Each Bankers' Acceptance shall: (i) have a maturity date which shall be on a Business Day; (ii) subject to availability, have a Standard Term (excluding days of grace) or, with the consent of the Agent, such consent not to be unreasonably withheld, and subject to availability, have a term which is not a Standard Term; (iii) be denominated in the amount of Cdn. $100,000 and whole multiples thereof; and (iv) be in the standard form of each Lender; It is the intention of the parties that pursuant to the Depository Bills and Notes Act (Canada) ("DBNA"), all Bankers' Acceptances accepted by the Lenders (other than the Old System Issuers) under this Agreement shall be issued in the form of a "depository bxxx” xxxx" (as defined in the DBNA), deposited with the Canadian Depository for Securities Ltd. ("CDS") and will be made payable to CDS & Co. In order to give effect to the foregoing, the Agent for the Lenders (other than the Old System Issuers) shall, subject to the approval of the Borrower and the Lenders (other than the Old System Issuers), establish and notify the Borrower and the Lenders (other than the Old System Issuers) of any additional procedures, consistent with the terms of this Agreement, as are reasonably necessary to accomplish such intention, including, without limitation: (A) any instrument held by the Agent for the purposes of Bankers' Acceptances shall have marked prominently and legibly on its face and within its text, at or before the time of issue, the words "This is a depository bxxx xxxx subject to the Depository Bills and Notes Act (Canada)"; (B) any reference to the authentication of the Bankers' Acceptance will be removed; and (C) any reference to "bearer" will be removed and such Bankers' Acceptance shall not be marked with any words prohibiting negotiation, transfer or assignment of it or of an interest in it.

Appears in 2 contracts

Samples: Credit Agreement (PENGROWTH ENERGY Corp), Credit Agreement (PENGROWTH ENERGY Corp)

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Terms of Each Bankers' Acceptance. Each Bankers' Acceptance shall: (i) have a maturity date which shall be on a Business DayDay and which shall not be after the Maturity Date; (ii) subject to availability, have a Standard Term (excluding days of grace) or, with the consent of all of the AgentLenders, such consent not to be unreasonably withheld, and subject to availability, have a term which is not a Standard Term; (iii) be denominated in the amount of Cdn. $100,000 and whole multiples thereof; and (iv) be in the standard form of each Lender; It is the intention of the parties that pursuant to the Depository Bills and Notes Act (Canada) ("DBNA"), all Bankers' Acceptances accepted by the Lenders (other than the Old System Issuers) under this Agreement shall be issued in the form of a "depository bxxx” xxxx" (as defined in the DBNA), deposited with the Canadian Depository for Securities Ltd. ("CDS") and will be made payable to CDS & Co. In order to give effect to the foregoing, the Agent for the Lenders (other than the Old System Issuers) shall, subject to the approval of the Borrower and the Lenders (other than the Old System Issuers), establish and notify the Borrower and the Lenders (other than the Old System Issuers) of any additional procedures, consistent with the terms of this Agreement, as are reasonably necessary to accomplish such intention, including, without limitation: (A) any instrument held by the Agent for the purposes of Bankers' Acceptances shall have marked prominently and legibly on its face and within its text, at or before the time of issue, the words "This is a depository bxxx xxxx subject to the Depository Bills and Notes Act (Canada)"; (B) any reference to the authentication of the Bankers' Acceptance will be removed; and (C) any reference to "bearer" will be removed and such Bankers' Acceptance shall not be marked with any words prohibiting negotiation, transfer or assignment of it or of an interest in it.

Appears in 1 contract

Samples: Credit Agreement (PENGROWTH ENERGY Corp)

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