Examples of BOA Canada in a sentence
If BOA Canada resigns as Swing Line Lender, it shall retain all the rights of the Swing Line Lender provided for hereunder with respect to Swing Line Loans made by it and outstanding as of the effective date of such resignation, including the right to require the Lenders to make Base Rate Loans or Canadian Prime Rate Loans, as applicable, or fund risk participations in outstanding Swing Line Loans pursuant to Section 2.04(c).
In the event of any such resignation as L/C Issuer or Swing Line Lender, the Borrower shall be entitled to appoint from among the Multicurrency Revolving Lenders a successor L/C Issuer or Swing Line Lender hereunder; provided, however, that no failure by the Borrower to appoint any such successor shall affect the resignation of Bank of America, BOA Canada and any other L/C Issuer as L/C Issuer or Swing Line Lender, as the case may be.
If and to the extent any Canadian Lender shall not have made its full amount available to BOA Canada in immediately available funds and BOA Canada in such circumstances has made available to the Canadian Company such amount, then such Canadian Lender shall on or before 10:00 a.m. (Toronto time) the next Business Day following the date of such Borrowing make such amount available to BOA Canada, together with interest at the CDOR Rate for and determined as of each day during such period.
In the event any Canadian Letters of Credit are outstanding on the Revolving Termination Date, the Canadian Company shall provide to BOA Canada cash collateral in the amount of such Canadian Letters of Credit to secure the Canadian Company’s reimbursement obligations with respect to such Canadian Letters of Credit, together with reasonably anticipated related fees, costs and expenses, which cash collateral shall be maintained in a Collateral Account — Canada.
If the Administrative Agent and BOA Canada shall resign as Administrative Agent and BOA Canada under this Agreement, the Majority Lenders, with the consent of the Company and the Canadian Company so long as no Default or Event of Default exists at such time, shall appoint from among the Lenders a successor administrative agent for the Lenders and a successor Canadian agent for the Canadian Lenders.
The Administrative Agent and BOA Canada shall each be fully justified in failing or refusing to take any action under this Agreement or any other Loan Document unless it shall first receive such advice or concurrence of the Majority Lenders as it deems appropriate and, if it so requests, it shall first be indemnified to its satisfaction by the Lenders against any and all liability and expense which may be incurred by it by reason of taking or continuing to take any such action.
If no successor administrative agent and Canadian agent is appointed prior to the effective date of the resignation of the Administrative Agent and BOA Canada, the Administrative Agent and BOA Canada, with the consent of the Company and the Canadian Company so long as no Default or Event of Default exists at such time, may appoint a successor administrative agent and Canadian agent from among the Lenders.
Except for purposes of financial statements delivered by Loan Parties hereunder or calculating financial covenants hereunder or except as otherwise provided herein, the applicable amount of any currency (other than Dollars) for purposes of the Loan Documents shall be such Dollar Equivalent amount as so determined by the Administrative Agent, BOA Canada or the Canadian Issuer, as applicable.
Each of the Administrative Agent and BOA Canada may execute any of its duties under this Agreement or any other Loan Document by or through agents, employees or attorneys-in-fact and shall be entitled to advice of counsel concerning all matters pertaining to such duties.
In the event that the Administrative Agent or BOA Canada receives such a notice, the Administrative Agent or BOA Canada shall give notice thereof to the Lenders.