Examples of Canada Borrower in a sentence
Notwithstanding anything to the contrary herein, for avoidance of doubt, any Letter of Credit requested by US Borrower (and all obligations of reimbursement with respect thereto, including on account of any L/C Borrowing) shall not be (or be deemed) guaranteed by Canada Borrower or subject to reimbursement by Canada Borrower in excess of the limitations set forth in Section 7.11.
Notwithstanding that a Letter of Credit issued or outstanding hereunder is in support of any obligations of, or is for the account of, a Restricted Operating Company Subsidiary or any other Affiliate of a Borrower, US Borrower or Canada Borrower (as applicable) (as applicant with respect to such Letter of Credit) shall be obligated to reimburse the applicable LC Issuing Bank hereunder for any and all drawings under such Letter of Credit.
US Borrower or Canada Borrower (as applicable) shall be conclusively deemed to have waived any such claim against the applicable LC Issuing Bank and its correspondents unless such notice is given as aforesaid.
Each of US Borrower and Canada Borrower (as applicable) hereby assumes all risks of the acts or omissions of any beneficiary or transferee with respect to its use of any Letter of Credit; provided, however, that this assumption is not intended to, and shall not, preclude US Borrower or Canada Borrower from pursuing such rights and remedies as it may have against the beneficiary or transferee at law or under any other agreement.
Such Notice of LC Activity and Certificate and Letter of Credit Application must be received by the applicable LC Issuing Bank and Administrative Agent not later than 1:00 p.m. (New York City time) at least three (3) Business Days (or such later date and time as Administrative Agent, such LC Issuing Bank and US Borrower or Canada Borrower may agree in a particular instance in their reasonable discretion) prior to the proposed issuance date or date of amendment, as the case may be.
Additionally, US Borrower or Canada Borrower (as applicable) shall furnish to the applicable LC Issuing Bank (with a copy to the Administrative Agent) such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any LC Issuer Documents, as such LC Issuing Bank may reasonably require in accordance with its customary practice, as applied to similarly-situated customers.
No such making of an L/C Advance shall relieve or otherwise impair the obligation of US Borrower or Canada Borrower (with respect to Letters of Credit issued at its request) to reimburse the applicable LC Issuing Bank for the amount of any payment made by such LC Issuing Bank under any Letter of Credit, together with interest as provided herein.
US Borrower or Canada Borrower shall not be required to make a specific request to such LC Issuing Bank for any such extension.
However, not all its characteristics need to be applied in a particular project for it to count, in Sida’s eyes, as KTS.Both Sida and this evaluation capture part of the elusive quality of this quarry by speaking of KTS as made up not of rules, but at best guidelines or ideal requisites, not to be theorised about too much, just applied wher- ever practicable, not necessarily all to be applied at once, and so forth.
Unless otherwise expressly agreed by an LC Issuing Bank and US Borrower or Canada Borrower (as applicable) when a Letter of Credit is issued, the rules of the ISP or UCP shall apply to each Letter of Credit.