Examples of Canadian Operating Facility in a sentence
Neither Administrative Agents nor any Lender or the Canadian Operating Facility Lender shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for the Canadian Borrower Obligations, the Canadian Operating Facility Obligations or for the guarantee contained in this Section 13 or any property subject thereto.
The Company agrees that whenever, at any time, or from time to time, it shall make any payment to the Administrative Agents, any Lender or the Canadian Operating Facility Lender on account of its liability under this Section 13, it will notify the Administrative Agents and such lender in writing that such payment is made under the guarantee contained in this Section 13 for such purpose.
The provisions of this Section 13.2 shall survive the term of the guarantee contained in this Section 13 and the payment in full of the Canadian Borrower Obligations and the Canadian Operating Facility Obligations and the termination of the Canadian Term Loan Commitments and the Canadian Operating Facility.
The Company waives diligence, presentment, protest, demand for payment and notice of default or nonpayment to or upon the Canadian Borrower or the Company with respect to the Canadian Borrower Obligations and the Canadian Operating Facility Obligations.
The Company hereby agrees that any payments in respect of the Canadian Borrower Obligations and the Canadian Operating Facility Obligations pursuant to this Section 13 will be paid to the Canadian Administrative Agent without setoff or counterclaim in Canadian Dollars, at the office of the Canadian Administrative Agent specified in Section 14.2.
Accommodations shall be made available as (i) Advances pursuant to Article 3, (ii) Bankers' Acceptances pursuant to Article 4 under the Canadian Operating Facility, the Canadian Acquisition Facility and the Canadian Term Facility, and (iii) in the case of the Issuing Lenders only and pursuant to the Operating Facilities only, Documentary Credits pursuant to Article 5.
Subject to Section 12.2 and Article 8, each Borrower shall repay or pay, as the case may be, to the Agent, on behalf of the Lenders, or, in connection with the Canadian Operating Facility, to the Canadian Operating Facility Lender, or, in connection with the Australian Operating Facility, to the Australian Operating Facility Lender, all Loans and other Obligations outstanding under each Credit Facility on or before the Maturity Date applicable to each Credit Facility and applicable to each Lender.
In order to satisfy the continuing liability of the Canadian Borrower to the applicable Lenders for an amount equal to the aggregate face amount of the maturing Bankers’ Acceptances converted to another type of Loan, the Agent or the Canadian Operating Facility Lender, as applicable, shall record the obligation of the Canadian Borrower to the applicable Lenders as a Loan of the type into which such continuing liability has been converted.
The Canadian Borrower may give the Agent notice that Bankers’ Acceptances will be required under the Syndicated Facility pursuant to a Drawdown, Rollover or Conversion and may give the Canadian Operating Facility Lender notice that Bankers’ Acceptances will be required under the Canadian Operating Facility pursuant to a Drawdown, Rollover or Conversion.
Each determination by the Agent or the Canadian Operating Facility Lender, as applicable, of the U.S. Base Rate applicable from time to time during an Interest Period, in the absence of manifest error, shall be prima facie evidence thereof.