Common use of Acceptances and Drafts Clause in Contracts

Acceptances and Drafts. (1) Each Domestic Lender, in respect of such Lender's Canadian Operating Commitment (if any), Canadian Acquisition Commitment and Canadian Term Commitment, severally agrees, on the terms and conditions of this Agreement and from time to time on any Business Day prior to the Relevant Repayment Date (i) in the case of a Domestic Lender which is willing and able to accept Drafts, to create acceptances ("Bankers' Acceptances") by accepting Drafts and to purchase such Bankers' Acceptances in accordance with Section 4.03(2), and (ii) in the case of a Domestic Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts (which have not and will not be accepted by the Lender or any other Lender) in accordance with Section 4.03(2). (2) Each Drawing shall consist of the creation and purchase of Bankers' Acceptances or the purchase of Drafts on the same day, in each case for the Drawing Price, effected or arranged by the relevant Domestic Lenders in accordance with Section 4.03 and their respective Lender's Commitment. (3) If the Administrative Agent determines that the Bankers' Acceptances to be created and purchased or Drafts to be purchased on any Drawing (upon a conversion or otherwise) will not be created and purchased rateably by the relevant Domestic Lenders in accordance with Sections 4.01(2) and 4.03, then the requested Face Amount of Bankers' Acceptances and Drafts shall be reduced to such lesser amount as the Administrative Agent determines will permit rateable sharing and the amount by which the requested Face Amount shall have been so reduced shall be converted or continued, as the case may be, as a Canadian Prime Rate Advance under the Canadian Operating Facility, Canadian Acquisition Facility or Canadian Term Facility, as the case may be, to be made contemporaneously with the Drawing.

Appears in 2 contracts

Sources: Credit Agreement (Bracknell Corp), Credit Agreement (Bracknell Corp)

Acceptances and Drafts. (1) Each Domestic Operating Lender and each Term A Lender, in respect of such Lender's Canadian Operating Commitment (if any), Canadian Acquisition Commitment and Canadian Term Commitment, severally agrees, on the terms and conditions of this Agreement and from time to time on any Business Day prior to the Relevant Repayment Date in respect of the Operating Facility and the Term A Facility, as applicable, (i) in the case of a Domestic Lender which is willing and able to accept Draftsdrafts, to create acceptances ("Bankers' Acceptances") by accepting Drafts and to purchase such Bankers' Acceptances in accordance with Section 4.03(2), ; and (ii) in the case of a Domestic Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts (which have not and will not be accepted by the Lender or any other Lender) in accordance with Section 4.03(2). Drawings may only be requested by SGC. (2) Each Drawing shall be in a minimum Face Amount and in an integral multiple of the amount in Schedule 5 and shall consist of the creation and purchase of Bankers' Acceptances or the purchase of Drafts on the same day, in each case for the Drawing Price, effected or arranged by the relevant Domestic Lenders in accordance with Section 4.03 and their respective Lender's Commitment4.03. (3) If the Administrative Agent determines in good faith, which determination shall be final, conclusive and binding on SGC and the applicable Lenders, that the Bankers' Acceptances to be created and purchased or Drafts to be purchased on any Drawing under the Operating Facility or the Term A Facility, as the case may be, (upon a conversion or otherwise) will not be created and purchased rateably by the relevant Domestic applicable Lenders in accordance with Sections Section 4.01(2) and Section 4.03, then the requested Face Amount of Bankers' Acceptances and Drafts shall be increased or reduced to such greater or lesser amount as the Administrative Agent determines will permit rateable sharing and the any resulting amount by which the requested Face Amount shall have been so reduced shall be advanced, converted or continued, as the case may be, as a Canadian Prime Rate Advance under the Canadian Operating Facility, Canadian Acquisition Facility or Canadian the Term A Facility, as the case may be, to be made contemporaneously with the Drawing.

Appears in 1 contract

Sources: Credit Agreement (Stratos Funding, LP)

Acceptances and Drafts. (1) Each Domestic Operating Lender and Term Lender, in respect of such Lender's Canadian Operating Commitment (if any), Canadian Acquisition Commitment and Canadian Term Commitmentagrees, severally agreesand not jointly and severally, on the terms and conditions of this Agreement and from time to time on any Business Day prior to the Relevant Repayment Date in respect of the Operating Facility or Term Facilities, as the case may be, (i) in the case of a Domestic Lender which is willing and able to accept Draftsdrafts, to create acceptances ("Bankers' Acceptances") by accepting Drafts and to purchase such Bankers' Acceptances in accordance with Section 4.03(2), ; and (ii) in the case of a Domestic Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts (which have not and will not be accepted by the Lender or any other Lender) in accordance with Section 4.03(2). (2) Each Drawing shall be in a minimum Face Amount and in an integral multiple of the amount in Schedule 5 and shall consist of the creation and purchase of Bankers' Acceptances or the purchase of Drafts on the same day, in each case for the Drawing Price, effected or arranged by the relevant Domestic Lenders in accordance with Section 4.03 and their respective Lender's Commitment4.03. (3) If the Administrative Agent determines in good faith, which determination shall be final, conclusive and binding on the Borrower and the applicable Lenders, that the Bankers' Acceptances to be created and purchased or Drafts to be purchased on any Drawing under the applicable Credit Facility (upon a conversion or otherwise) will not be created and purchased rateably by the relevant Domestic applicable Lenders in accordance with Sections Section 4.01(2) and Section 4.03, then the requested Face Amount of Bankers' Acceptances and Drafts shall be increased or reduced to such greater or lesser amount as the Administrative Agent determines will permit rateable sharing and the any resulting amount by which the requested Face Amount shall have been so reduced shall be advanced, converted or continued, as the case may be, as (i) a Canadian Prime Rate Advance under the Canadian Operating Facility, or (ii) a Canadian Acquisition Facility Prime Rate Advance, a Base Rate (Canada) Advance or Canadian a Eurodollar Rate Advance under the Term FacilityFacilities, as the case may be, to be made contemporaneously with the Drawing.

Appears in 1 contract

Sources: Credit Agreement (Marsulex Inc)

Acceptances and Drafts. (1) Each Domestic LenderCanadian Revolving Credit Lender individually, in respect of such Lender's Canadian Operating Commitment and not jointly and severally (if any), Canadian Acquisition Commitment and Canadian Term Commitment, severally or solidarily) agrees, on the terms and conditions of this Agreement and from time to time on any Business Day prior to the Relevant Repayment Date (i) in the case of a Domestic Lender which is willing and able to accept Drafts, to create in the form of acceptances ("Bankers' Acceptances") by accepting Drafts and to purchase such Bankers' Acceptances in accordance with Section 4.03(2), ; and (ii) in the case of a Domestic Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts (which have not and will not be accepted by the Lender or any other Lender) in accordance with Section 4.03(2). (2) Each Drawing shall be in a minimum amount of Cdn. $1,000,000 and in an integral multiple of Cdn. $100,000 and shall consist of the creation acceptance and purchase of Bankers' Acceptances or the purchase of Drafts on the same day, in each case for the Drawing Price, effected or arranged by the relevant Domestic applicable Canadian Revolving Credit Lenders in accordance with Section 4.03 and their respective Lender's ’s Commitment. (3) If the Administrative Agent determines that the Bankers' Acceptances to be created accepted and purchased or Drafts to be purchased on any Drawing (upon a conversion or otherwise) will not be created accepted and purchased rateably by the relevant Domestic applicable Lenders (or any of their respective Participants) in accordance with Sections 4.01(2) and 4.03, then the requested Face Amount of Bankers' Acceptances and Drafts shall be reduced to such lesser amount as the Administrative Agent determines will permit rateable sharing and the amount by which the requested Face Amount shall have been so reduced shall be converted or continued, as the case may be, as a Canadian Prime Rate Advance under the Canadian Operating Facility, Canadian Acquisition Revolving Credit Facility or Canadian Term Facility, as the case may be, to be made contemporaneously with the Drawing.

Appears in 1 contract

Sources: Credit Agreement (Open Text Corp)