Acceptance and Purchase. Subject to the terms and conditions hereof, the Canadian Fronting Bank (and, for purposes of this ss.2A, the "BA Lenders") agrees to accept and purchase Bankers' Acceptances, drawn upon such BA Lender by Rival Canada and denominated in Canadian Dollars, provided that it is understood and agreed that the Applicable BA Discount Rate shall be that rate calculated for the Business Day of issuance and purchase by such BA Lender of the requested Bankers Acceptance(s), and not any rate quoted on and for the date of notice of such request. Rival Canada shall notify the applicable BA Lender by irrevocable written notice (each, a "Bankers' Acceptance Notice") (such notice being addressed to applicable BA Lender with a copy sent to the Agent) at least two (2) Business Days prior to the date of any borrowing by way of Bankers' Acceptances. Each borrowing by way of Bankers' Acceptances shall be in a minimum aggregate undiscounted face amount of C$100,000 or an integral multiple thereof. The undiscounted face amount of each Bankers' Acceptance shall be C$100,000 or any integral multiple thereof. Each request for a Bankers' Acceptance shall constitute a representation and warranty by the Company and by Rival Canada that the conditions set forth in ss.ss.11 and 12 have been satisfied on the date of the issuance of such Bankers' Acceptance. Each Bankers' Acceptance Notice shall be in the form of Exhibit G. In no event shall the aggregate face amount of all outstanding Bankers' Acceptances and Revolving Credit Loans made to Rival Canada exceed the lesser of (i) $15,000,000 and (ii) the amount the Canadian Fronting Bank has agreed to fund in such capacity. Furthermore, in no event shall the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested), plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, plus the Dollar Equivalent of the aggregate face amount of all outstanding Bankers' Acceptances at any time exceed the Total Commitment.
Appears in 1 contract
Sources: Revolving Credit and Term Loan Agreement (Holmes Products Corp)
Acceptance and Purchase. Subject to the terms and conditions hereof, the Canadian Hunter Fronting Bank and any other Lender that, pursuant to an amendment hereto, agrees to issue Bankers' Acceptances (and, for purposes of this ss.2A, the "BA Lenders") agrees agree to accept and purchase Bankers' Acceptances, drawn upon such BA Lender by Rival Canada Hunter and denominated in Canadian Dollars, provided that it is understood and agreed that the Applicable BA Discount Rate shall be that rate calculated for the Business Day of issuance and purchase by such BA Lender of the requested Bankers Acceptance(s), and not any rate quoted on and for the date of notice of such request. Rival Canada Hunter shall notify the applicable BA Lender by irrevocable written notice (each, a "Bankers' Acceptance Notice") (such notice being addressed to applicable BA Lender with a copy sent to the Agent) at least two one (21) Business Days Day prior to the date of any borrowing by way of Bankers' Acceptances. Each borrowing by way of Bankers' Acceptances shall be in a minimum aggregate undiscounted face amount of C$100,000 or an integral multiple thereof. The undiscounted face amount of each Bankers' Acceptance shall be C$100,000 or any integral multiple thereof. Each request for a Bankers' Acceptance shall constitute a representation and warranty by the Company ▇▇▇▇▇▇▇-▇▇▇▇▇▇▇ and by Rival Canada Hunter that the conditions set forth in ss.ss.11 Section 13 and 12 14 have been satisfied on the date of the issuance of such Bankers' Acceptance. Each Bankers' Acceptance Notice shall be in the form of Exhibit G. I. Any Bankers' Acceptances accepted and/or purchased hereunder shall be accepted and/or purchased, in the first instance, by the Hunter Fronting Bank (without reference to subsequent transfer). In no event shall the aggregate face amount of all outstanding Bankers' Acceptances and Revolving Credit Loans made to Rival Canada exceed the lesser Hunter Line minus the outstanding amount of (i) $15,000,000 and (ii) the amount the Canadian Fronting Bank has agreed to fund in such capacityall Hunter Revolver Loans. Furthermore, in no event shall the sum of the outstanding amount of the Revolving Credit Domestic Revolver Loans and Swing Line Loans (after giving effect to all amounts requested), plus the Dollar Equivalent of the sum of the outstanding amount of the Hunter Revolver Loans, plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, plus the Dollar Equivalent of the aggregate face amount of all outstanding Bankers' Acceptances at any time exceed the Total Revolving Credit Commitment.
Appears in 1 contract
Sources: Revolving Credit and Term Loan Agreement (Russell-Stanley Holdings Inc)