Common use of Acceptances and Drafts Clause in Contracts

Acceptances and Drafts. (i) Each Revolving Lender severally agrees, on the terms and conditions of this Agreement and from time to time on any Business Day prior to the applicable Maturity Date (A) in the case of a Revolving Lender which is able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.24(c)(ii)(A) hereof, and (B) in the case of a Revolving Lender that is unable to accept Drafts (each, a “BA Equivalent Lender”), to purchase completed Drafts (which have not and will not be accepted by such Revolving Lender or any other Revolving Lender) in accordance with Section 2.24(c)(ii)(B) hereof. (ii) 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 ratably by the applicable Revolving Lenders in accordance with clause (a)(i) above, then the requested face amount of Bankers’ Acceptances and Drafts shall be reduced to such lesser amount as the Administrative Agent determines will permit ratable 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 Loan to be made contemporaneously with the Drawing by the applicable Revolving Lenders.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Concordia Healthcare Corp.)

Acceptances and Drafts. (i) Each Revolving Lender severally agrees, on the terms and conditions of this Agreement and from time to time on any Business Day prior to the applicable Maturity Date (A) in the case of a Revolving Lender which is able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.24(c)(ii)(A) hereof, and (B) in the case of a Revolving Lender that is unable to accept Drafts (each, a “BA Equivalent Lender”), to purchase completed Drafts (which have not and will not be accepted by such Revolving Lender or any other Revolving Lender) in accordance with Section 2.24(c)(ii)(B) hereof. (ii) 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 ratably by the applicable Revolving Lenders in accordance with clause (a)(iclause(a)(i) above, then the requested face amount of Bankers’ Acceptances and Drafts shall be reduced to such lesser amount as the Administrative Agent determines will permit ratable 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 Loan to be made contemporaneously with the Drawing by the applicable Revolving Lenders.

Appears in 1 contract

Sources: Credit Agreement (DHX Media Ltd.)

Acceptances and Drafts. (i1) Each Revolving Lender Bank severally agrees, on the terms and conditions of this Agreement and from time to time on any Business Day prior to the applicable Maturity Date Termination Date, (Ai) in the case of a Revolving Lender Bank which is willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”"BANKERS' ACCEPTANCES") by accepting Drafts and to purchase such Bankers' Acceptances in accordance with Section 2.24(c)(ii)(A) hereof3.3(2), and (Bii) in the case of a Revolving Lender that Bank which is unwilling or unable to accept Drafts (each, a “BA Equivalent Lender”)Drafts, to purchase completed Drafts (which have not and will not be accepted by such Revolving Lender the Bank or any other Revolving Lender) Bank in accordance with Section 2.24(c)(ii)(B) hereof3.3(2)). (ii2) Each Drawing shall be in a minimum aggregate Face Amount of $10,000,000 and in an integral multiple of $1,000,000 thereafter 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 Purchase Price, effected or arranged by the Banks in accordance with Section 3.3 and their respective Bank's Commitment. (3) If the Administrative Agent determines determines, in good faith, which determination shall be final, conclusive and binding upon the Company and the Banks, 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 ratably by the applicable Revolving Lenders Banks in accordance with clause (a)(iSection 3.1(2) aboveand Section 3.3(3), then the requested face amount Face Amount of Bankers' Acceptances and Drafts BA Equivalent Notes relating to such Drawing shall be reduced to such lesser amount as the Administrative Agent determines will permit ratable such rateable sharing and the amount by which the requested face amount Face Amount shall have been so reduced shall be converted or continued, as the case may be, as a Canadian Prime Rate Loan under the Agreement to be made contemporaneously with the Drawing by the applicable Revolving LendersDrawing.

Appears in 1 contract

Sources: 364 Day Credit Agreement (Cit Group Inc)