Examples of Operating Borrower in a sentence
If a Contingent Payment Letter is returned to the Issuing Lender and the obligations of the Issuing Lender thereunder terminated prior to the stated expiry date of such Contingent Payment Letter, or the Face Amount of a Contingent Payment Letter is reduced, the Issuing Lender will refund to the Operating Borrower a pro rata portion of the fee paid to the Issuing Lender in respect of the Contingent Payment Letter.
Such fees shall be paid by the Operating Borrower to the Issuing Lender in advance of or upon the issue of the applicable Contingent Payment Letter, in Canadian Dollars if the Face Amount of the Contingent Payment Letter is in Canadian Dollars and in US Dollars if the Face Amount of the Contingent Payment Letter is in US Dollars.
In the event that, pursuant to Section 12.2, the obligations of the Operating Borrower to the Lenders hereunder shall be declared due and payable while any Contingent Payment Letter is outstanding, the Issuing Lender shall have the right to require the Operating Borrower to provide to the Issuing Lender cash collateral in an amount equal to the undrawn amount of, and in the currency of, all Contingent Payment Letters issued by the Issuing Lender then outstanding.
All Outstandings under the Operating Facility, together with all unpaid interest, fees and other amounts owing to the Lenders under or in respect of this Agreement shall be paid by the Operating Borrower on the Operating Facility Maturity Date, for the account of the Lenders, and the Commitments of the Lenders in respect of the Operating Facility reduced to nil.
If at any time the Outstandings under the Operating Facility exceed the then applicable Borrowing Base, the Operating Borrower shall immediately repay such amount as will result in the Outstandings under the Operating Facility being less than or equal to the Borrowing Base and provided that, following the Conversion Date, the aggregate Commitments of the Lenders in respect of the Operating Facility shall be permanently reduced by the amount of any such repayment.
The Issuing Lender shall furnish a copy of such Contingent Payment Letter to the Operating Borrower promptly following the issuance thereof.
The Operating Borrower agrees to provide such cash collateral to the Issuing Lender upon demand pursuant to this Section 5.8, together with such security agreements respecting such cash collateral as the Issuing Lender may, acting reasonably, deem advisable or necessary, including without limitation, assignments of credit balances in such cash collateral accounts.
The Issuing Lender shall forthwith give notice of such deemed Advance to the Operating Borrower.
The Operating Borrower acknowledges that it will not be entitled to any Accommodation under the Operating Facility if, on the requested date of the Accommodation, the Administration Agent and the Lenders have not received a Margin Report for the most recent month end.
At such time as there are no amounts due and outstanding hereunder, any amount remaining in the cash collateral accounts shall be paid to the Operating Borrower by the Issuing Lender.