Examples of Existing BAs in a sentence
The Canadian Lenders and the Canadian Borrower acknowledge that the Canadian Borrower has obligations in the principal sum of C$15,000,000 in connection with the Existing BAs. The Existing BAs will be deemed to be outstanding as Bankers’ Acceptances under this Agreement, will reduce the availability under this Agreement by the principal amount thereof outstanding at any time and will otherwise be subject to the terms and conditions of this Agreement.
At the Effective Time, each outstanding Advance (other than Existing LCs and Existing BAs) shall be deemed to be outstanding as an Advance hereunder and each Lender agrees to make such adjustments thereto as may be required in order to reflect the new Rateable Partners under the Revolving Facility (as determined by the Agent in accordance with its customary practice).
The Borrower, the Administrative Agent and the Lenders acknowledge and agree that the Existing BA's shall be deemed to be Advances made or issued, respectively, and outstanding under the Syndicated Facility from and after the Closing Date and that the Existing Hedging Agreements shall be considered to be Permitted Xxxxxx for the purposes of this Agreement.
The Borrowers, Agent and Lenders hereby acknowledge that the Existing BAs may be outstanding on the Effective Date.
Notwithstanding any provision hereof or in any other Credit Document to the contrary, it is acknowledged and agreed that all rights and interests of the Lenders in respect of, and any obligation of the Borrowers (or any of them) to pay or reimburse the Lenders in respect of, the Existing BAs are solely a risk and for the account of the Lenders based upon their respective Proportionate Shares as in effect prior to and without regard to the increases Commitments contemplated by this Agreement.
EXISTING BA's and EXISTING HEDGING AGREEMENTS Existing BA's: EnerMark Inc.
The Existing B/As are deemed to constitute Loans by way of B/As issued and outstanding under the Credit Facility for all purposes of this Agreement.
The Canadian Borrower undertakes to repay the holders of the Existing BAs in full the amounts outstanding in connection with the Existing BAs on the applicable maturity dates, which repayment the Canadian Borrower may make from the proceeds of a Canadian Loan obtained by it in accordance with the terms of this Agreement.
The parties hereto acknowledge and confirm that (i) the B/A Maturity Dates, with respect to Existing B/As, remain un- amended under this Agreement, and (ii) notwithstanding that each Lender’s Commitment under this Agreement may not equal its Commitment under the Original Credit Agreement prior to the Effective Date, each Lender’s pro rata share of Existing B/As under this Agreement shall remain identical to such pro rata share until the B/A Maturity Dates with respect to such Existing B/As expire.
This Agreement constitutes the entire agreement between the Shareholder and the Company relative to the subject matter hereof and thereof.