Common use of Waiver of Presentment and Other Conditions Clause in Contracts

Waiver of Presentment and Other Conditions. The Borrower waives presentment for payment and, except to the extent of the negligence or wilful misconduct of a Lender referred to in Section 3.6(g), any other defence to payment of any amounts due to a Lender in respect of a Bankers' Acceptance accepted and, if applicable, purchased by it pursuant to this Agreement which might exist solely by reason of such Bankers' Acceptance being held, at the maturity thereof, by such Lender in its own right and the Borrower agrees not to claim any days of grace if such Lender as holder sues the Borrower on the Bankers' Acceptance for payment of the amount payable by the Borrower thereunder. On the specified maturity date of a Bankers' Acceptance, or such earlier date as may be required or permitted pursuant to the provisions of this Agreement, the Borrower shall, subject to Section 3.6(f), pay the Administrative Agent on behalf of the Syndicated Lender that has accepted such Bankers' Acceptance, the full face amount of such Bankers' Acceptance through payment to the Administrative Agent or conversion of such Bankers' Acceptance into a Prime Loan pursuant to Section 3.11. 9617679.9

Appears in 1 contract

Samples: Credit Agreement (Sundial Growers Inc.)

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Waiver of Presentment and Other Conditions. The Borrower waives presentment for payment and, except to the extent of the gross negligence or wilful misconduct of a Lender referred to in Section 3.6(g3.8(h), any other defence to payment of any amounts due to a Lender in respect of a Bankers' Acceptance accepted and, if applicable, purchased by it pursuant to this Agreement which might exist solely by reason of such Bankers' Acceptance being held, at the maturity thereof, by such Lender in its own right and the Borrower agrees not to claim any days of grace if such Lender as holder sues the Borrower on the Bankers' Acceptance for payment of the amount payable by the Borrower thereunder. On the specified maturity date of a Bankers' Acceptance, or such earlier date as may be required or permitted pursuant to the provisions of this Agreement, the Borrower shall, subject to Section 3.6(f3.8(g), pay the Administrative Agent on behalf of the Syndicated Lender that has accepted such Bankers' Acceptance, the full face amount of such Bankers' Acceptance either through payment to the Administrative Agent or conversion of such Bankers' Acceptance into a Prime Loan pursuant to Section 3.11. 9617679.93.13, and shall make such additional payments, if any, as are required pursuant to Section 3.8(c).

Appears in 1 contract

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

Waiver of Presentment and Other Conditions. The Borrower waives presentment for payment and, except to the extent of the negligence or wilful misconduct of a Lender referred to in Section 3.6(g), any other defence to payment of any amounts due to a Lender in respect of a Bankers' Acceptance accepted and, if applicable, purchased by it pursuant to this Agreement which might exist solely by reason of such Bankers' Acceptance being held, at the maturity thereof, by such Lender in its own right and the Borrower agrees not to claim any days of grace if such Lender as holder sues the Borrower on the Bankers' Acceptance for payment of the amount payable by the Borrower thereunder. On the specified maturity date of a Bankers' Acceptance, or such earlier date as may be required or permitted pursuant to the provisions of this Agreement, the Borrower shall, subject to Section 3.6(f), pay the Administrative Agent on behalf of the Syndicated Lender that has accepted such Bankers' Acceptance, the full face amount of such Bankers' Acceptance through payment to the Administrative Agent or conversion of such Bankers' Acceptance into a Prime Loan pursuant to Section 3.11. 9617679.9.

Appears in 1 contract

Samples: Credit Agreement (Sundial Growers Inc.)

Waiver of Presentment and Other Conditions. The Borrower waives presentment for payment and, except to the extent of the gross negligence or wilful willful misconduct of a Lender the Lenders referred to in Section 3.6(g)the Power of Attorney Terms – Bankers’ Acceptances set out in Schedule G, any other defence to payment of any amounts due to a any Lender in respect of a Bankers' Acceptance accepted and, if applicable, purchased by it pursuant to this Agreement which might exist solely by reason of such Bankers' Acceptance being held, at the maturity thereof, by such Lender in its own right and the Borrower agrees not to claim any days of grace if such Lender as holder sues the Borrower on the Bankers' Acceptance for payment of the amount payable by the Borrower thereunder. On the specified maturity date of a Bankers' Acceptance, or such earlier date as may be required or permitted pursuant to the provisions of this Agreement, the Borrower shall, subject to Section 3.6(f), shall pay the Administrative Agent on behalf of the Syndicated Lender that has accepted such Bankers' Acceptance, ’ Acceptance the full face amount of such Bankers' Acceptance through payment to the Administrative Agent or, if applicable, shall effect a Conversion or conversion Rollover of such Bankers' Acceptance into a Prime Loan ’ Acceptances and make such additional payments, if any, as are required pursuant to Section 3.11. 9617679.93.5(c).

Appears in 1 contract

Samples: Credit Agreement (Pengrowth Energy Trust)

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Waiver of Presentment and Other Conditions. The Borrower waives presentment for payment and, except to the extent of the gross negligence or wilful misconduct of a Lender referred to in Section 3.6(g3.9(h), any other defence to payment of any amounts due to a Lender in respect of a Bankers' Acceptance accepted and, if applicable, purchased by it pursuant to this Agreement which might exist solely by reason of such Bankers' Acceptance being held, at the maturity thereof, by such Lender in its own right and the Borrower agrees not to claim any days of grace if such Lender as holder sues the Borrower on the Bankers' Acceptance for payment of the amount payable by the Borrower thereunder. On the specified maturity date of a Bankers' Acceptance, or such earlier date as may be required or permitted pursuant to the provisions of this Agreement, the Borrower shall, subject to Section 3.6(f3.9(g), pay the Administrative Agent on behalf of the Syndicated Lender that has accepted such Bankers' Acceptance, the full face amount of such Bankers' Acceptance either through payment to the Administrative Agent or conversion of such Bankers' Acceptance into a Prime Loan pursuant to Section 3.11. 9617679.93.14, and shall make such additional payments, if any, as are required pursuant to Section 3.9(c).

Appears in 1 contract

Samples: Credit Agreement (PRECISION DRILLING Corp)

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