Drawdown Notice. Subject to Sections 2.01, 3.05 and 3.06 and provided that all of the applicable conditions precedent set forth in Article 12 have been fulfilled by the Borrowers or waived in accordance with Section 14.14, the Borrowers may have credit extended to them hereunder by giving to the Agent an irrevocable notice (“Drawdown Notice”) in substantially the form of Schedule E hereto and specifying (a) the applicable Borrower; (b) the Credit Facility under which the Credit is to be extended; (c) the date the credit is to be extended; (d) whether the credit is to be extended by way of a Prime Rate Loan, a Base Rate Canada Loan, a LIBOR Loan or a Bankers’ Acceptance; (e) if the credit is to be extended by way of a Loan, the principal amount of the Loan; (f) if the credit is to be extended by way of a LIBOR Loan, the applicable Interest Period; (g) if the credit is to be extended by way of Bankers’ Acceptances, the aggregate face amount of the Bankers’ Acceptances to be issued and the term of the Bankers’ Acceptances; (h) if the credit is to be obtained by way of Letter, the date of issuance of the Letter, whether the Letter is to be a letter of credit or a letter of guarantee, the named beneficiary of the Letter, the maturity date and amount of the Letter, the currency in which the Letter is to be denominated and all other terms of the Letter; (i) the details of any irrevocable authorization and direction pursuant to Section 3.02; and (j) any further information required pursuant to the Power of Attorney in the form attached as Schedule F hereto which the Borrowers may have delivered to the Lenders.
Appears in 1 contract
Sources: Credit Agreement (Vitran Corp Inc)
Drawdown Notice. Subject to Sections 2.01, 3.05 3.1 and 3.06 3.7 and provided that all of the applicable conditions precedent set forth in Article 12 have been fulfilled by the Borrowers or waived by the Lenders as provided in accordance with Section 14.14, the Borrowers may have either Borrower may, from time to time, obtain credit extended to them hereunder by giving to the Administrative Agent an irrevocable notice in substantially the form of Schedule D hereto (“Drawdown Notice”) in substantially the form of Schedule E hereto accordance with Section 3.12 and specifying:
(a) the applicable Borrower;
(b) the Credit Facility under which the Credit credit is to be extended;
(b) the applicable Borrower;
(c) the date the credit is to be extendedobtained;
(d) whether the credit is to be extended obtained by way of a Prime Rate Loan, a Base Rate Canada Loan, a LIBOR Loan or a Loan, Bankers’ AcceptanceAcceptances or Letter;
(e) if in the case of any credit is to be extended obtained by way of a Loan, the principal amount of the Loan;
(f) if the credit is to be extended by way of a LIBOR Loan, the applicable Interest Period;
(g) if the credit is to be extended obtained by way of Bankers’ Acceptances, the aggregate face amount of the Bankers’ Acceptances to be issued and the term of the Bankers’ Acceptances;
(g) if the credit is to be obtained by way of LIBOR Loan, the applicable Interest Period;
(h) if the credit is to be obtained by way of Letter, the date of issuance of the Letter, whether the Letter is to be a letter of credit or a letter of guarantee, the named beneficiary of the Letter, the maturity date and amount of the Letter, the currency in which the Letter is to be denominated and all other terms of the Letter;Letter (including, without limitation, (i) the proposed form of the Letter and (ii) if the Letter is to be issued on behalf of a Subsidiary of the relevant Borrower as well as on behalf of the relevant Borrower, the name of such Subsidiary); and
(i) the details of any irrevocable authorization and direction pursuant to Section 3.02; and
(j) any further information required pursuant 3.2. If credit is to be obtained by way of Letter and if such Letter is to be issued on behalf of a Subsidiary of the Power Parent as well as on behalf of Attorney the relevant Borrower, such Borrower shall ensure that accompanying such Drawdown Notice is an instrument, substantially in the form attached as of Schedule F hereto H hereto, and pursuant to which such Subsidiary shall agree, without qualification, to reimburse the Borrowers may have delivered Issuing Lender on demand for the full amount of each and any Draft presented to and paid by the LendersIssuing Lender in accordance with such Letter.
Appears in 1 contract
Sources: Loan Agreement (Lundin Mining CORP)
Drawdown Notice. Subject to Sections 2.01, 3.05 3.7 and 3.06 3.7 and provided that all of the applicable conditions precedent set forth in Article 12 have been fulfilled by the Borrowers or waived by the Lenders as provided in accordance with Section 14.14, the Borrowers may have either Borrower may, from time to time, obtain credit extended to them hereunder by giving to the Administrative Agent an irrevocable notice in substantially the form of Schedule D hereto (“Drawdown Notice”) in substantially the form of Schedule E hereto accordance with Section 3.12 and specifying:
(a) the applicable Borrower;
(b) the Credit Facility under which the Credit credit is to be extended;
(b) the applicable Borrower;
(c) the date the credit is to be extendedobtained;
(d) whether the credit is to be extended obtained by way of a Prime Rate Loan, a Base Rate Canada Loan, a LIBOR Loan Loan, Bankers' Acceptances or a Bankers’ AcceptanceLetter;
(e) if in the case of any credit is to be extended obtained by way of a Loan, the principal amount of the Loan;
(f) if the credit is to be extended obtained by way of a LIBOR LoanBankers' Acceptances, the applicable Interest Periodaggregate face amount of the Bankers' Acceptances to be issued and the term of the Bankers' Acceptances;
(g) if the credit is to be extended obtained by way of Bankers’ AcceptancesLIBOR Loan, the aggregate face amount of the Bankers’ Acceptances to be issued and the term of the Bankers’ Acceptancesapplicable Interest Period;
(h) if the credit is to be obtained by way of Letter, the date of issuance of the Letter, whether the Letter is to be a letter of credit or a letter of guarantee, the named beneficiary of the Letter, the maturity date and amount of the Letter, the currency in which the Letter is to be denominated and all other terms of the Letter;Letter (including, without limitation, (i) the proposed form of the Letter and (ii) if the Letter is to be issued on behalf of a Subsidiary of the relevant Borrower as well as on behalf of the relevant Borrower, the name of such Subsidiary); and
(i) the details of any irrevocable authorization and direction pursuant to Section 3.02; and
(j) any further information required pursuant 3.2. If credit is to be obtained by way of Letter and if such Letter is to be issued on behalf of a Subsidiary of the Power Parent as well as on behalf of Attorney the relevant Borrower, such Borrower shall ensure that accompanying such Drawdown Notice is an instrument, substantially in the form attached as of Schedule F hereto H hereto, and pursuant to which such Subsidiary shall agree, without qualification, to reimburse the Borrowers may have delivered Issuing Lender on demand for the full amount of each and any Draft presented to and paid by the LendersIssuing Lender in accordance with such Letter.
Appears in 1 contract
Sources: Loan Agreement (4352351 Canada Inc.)
Drawdown Notice. Subject to Sections 2.01, 3.05 3.1 and 3.06 3.7 and provided that all of the applicable conditions precedent set forth in Article 12 have been fulfilled by the Borrowers or waived by the Lenders as provided in accordance with Section 14.1414.4, the Borrowers may have a Borrower may, from time to time, obtain credit extended to them hereunder by giving to the Administrative Agent a duly executed and updated Multi-jurisdictional Mortgage Statement current to within 11 months of the date that the credit is to be obtained (unless previously provided and still current pursuant to Applicable Law), and an irrevocable notice in substantially the form of Schedule D hereto (“Drawdown Notice”) in substantially the form of Schedule E hereto accordance with Section 3.11 and specifying:
(a) the applicable Borrower;
(b) the Credit Facility under which the Credit is to be extended;
(c) the date the credit is to be extendedobtained;
(db) whether the credit is to be extended obtained by way of a Prime Rate Loan, a Base Rate Canada Loan, a LIBOR Loan or a Loan, Bankers’ AcceptanceAcceptances or Letter;
(ec) if in the case of any credit is to be extended obtained by way of a Loan, the principal amount of the Loan;
(fd) if the credit is to be extended by way of a LIBOR Loan, the applicable Interest Period;
(g) if the credit is to be extended obtained by way of Bankers’ Acceptances, the aggregate face amount of the Bankers’ Acceptances to be issued and the term of the Bankers’ Acceptances;
(he) if the credit is to be obtained by way of LIBOR Loan, the applicable Interest Period;
(f) if the credit is to be obtained by way of Letter, the date of issuance of the Letter, whether the Letter is to be a letter of credit or a letter of guarantee, the named beneficiary of the Letter, the maturity date and amount of the Letter, the currency in which the Letter is to be denominated and all other terms of the Letter (including, without limitation, the proposed form of the Letter;; and
(ig) the details of any irrevocable authorization and direction pursuant to Section 3.02; and
(j) any further information required pursuant to the Power of Attorney in the form attached as Schedule F hereto which the Borrowers may have delivered to the Lenders3.2.
Appears in 1 contract
Sources: Credit Agreement (New Gold Inc. /FI)
Drawdown Notice. Subject to Sections 2.01, 3.05 3.1 and 3.06 3.7 and provided that all of the applicable conditions precedent set forth in Article 12 have been fulfilled by the Borrowers Borrower or waived by the Lenders as provided in accordance with Section 14.14, the Borrowers may have Borrower may, from time to time, obtain credit extended to them hereunder by giving to the Administrative Agent an irrevocable notice in substantially the form of Schedule D hereto (“Drawdown Notice”) in substantially the form of Schedule E hereto accordance with Section 3.13 and specifying:
(a) the applicable Borrower;
(b) the Credit Facility under which the Credit is to be extended;
(c) the date the credit is to be extended;
(db) the date the credit is to be obtained;
(c) whether the credit is to be extended obtained by way of a Prime Rate Loan, a Base Rate Canada Loan, a LIBOR Loan or a Loan, Bankers’ AcceptanceAcceptances or Letter;
(ed) if in the case of any credit is to be extended obtained by way of a Loan, the principal amount of the Loan;
(fe) if the credit is to be extended by way of a LIBOR Loan, the applicable Interest Period;
(g) if the credit is to be extended obtained by way of Bankers’ Acceptances, the aggregate face amount of the Bankers’ Acceptances to be issued and the term of the Bankers’ Acceptances;
(hf) if the credit is to be obtained by way of LIBOR Loan, the applicable Interest Period;
(g) if the credit is to be obtained by way of Letter, the date of issuance of the Letter, whether the Letter is to be a letter of credit or a letter of guarantee, the named beneficiary of the Letter, the maturity date and amount of the Letter, the currency in which the Letter is to be denominated and all other terms of the Letter;Letter (including, without limitation, (i) the proposed form of the Letter and (ii) if the Letter is to be issued on behalf of a Subsidiary of the Borrower as well as on behalf of the Borrower, the name of such Subsidiary); and
(ih) the details of any irrevocable authorization and direction pursuant to Section 3.02; and
(j) any further information required pursuant 3.2. If credit is to be obtained by way of Letter and if such Letter is to be issued on behalf of a Subsidiary of the Power Borrower as well as on behalf of Attorney the Borrower, the Borrower shall ensure that accompanying such Drawdown Notice is an instrument, substantially in the form attached as of Schedule F hereto H hereto, and pursuant to which such Subsidiary shall agree, without qualification, to reimburse the Borrowers may have delivered Issuing Lender on demand for the full amount of each and any Draft presented to and paid by the LendersIssuing Lender in accordance with such Letter.
Appears in 1 contract
Sources: Credit Agreement (Yamana Gold Inc)
Drawdown Notice. Subject to Sections 2.01, 3.05 and 3.06 the provisions hereof and provided that all of the applicable conditions precedent set forth in Article 12 have been fulfilled by the Borrowers Borrower or waived by the Lenders as provided in accordance with Section 14.14, the Borrowers may have Borrower may, from time to time, obtain credit extended to them hereunder by giving to the Administrative Agent an irrevocable notice in substantially the form of Schedule D hereto (“Drawdown Notice”) in substantially the form of Schedule E hereto accordance with Section 3.10 and specifying, as applicable:
(a) the applicable Borrower;
(b) the Credit Facility under which the Credit is to be extended;
(c) the date the credit is to be extendedobtained;
(db) whether the credit is to be extended obtained by way of a Prime Rate Loan, a Base Rate Canada Loan, a LIBOR Loan or a Bankers’ AcceptanceAcceptance or Letter;
(ec) if in the case of any credit is to be extended obtained by way of a Loan, the principal amount of the Loanthereof;
(fd) if the credit is to be extended by way of a LIBOR Loan, the applicable Interest Period;
(g) if the credit is to be extended obtained by way of Bankers’ Acceptances, the aggregate face amount of the Bankers’ Acceptances to be issued and the term of the Bankers’ Acceptances;
(he) in the case of any credit to be extended by way of LIBOR Loan, the applicable Interest Period;
(f) if the credit is to be obtained by way of Letter, the date of issuance of the Letter, whether the Letter is to be a letter of credit or a letter of guarantee, the named beneficiary of the Letter and address of such beneficiary, the documents to be presented by such beneficiary in case of any drawing thereunder, the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder, the purpose and nature of the requested Letter, the maturity date date, amount and amount currency of the Letter, the currency in which the Letter is to be denominated and all other terms of the Letter;Letter (including the proposed form of the Letter and such other matters as the Issuing Lender may require); and
(ig) the details of any irrevocable authorization and direction pursuant to Section 3.02; and
(j) any further information required pursuant to the Power of Attorney in the form attached as Schedule F hereto which the Borrowers may have delivered to the Lenders3.2.
Appears in 1 contract
Sources: Loan Agreement (CI Financial Corp.)
Drawdown Notice. Subject to Sections 2.013.1, 3.05 3.8, 3.9 and 3.06 and 3.10 provided that all of the applicable conditions precedent set forth in Article 12 have been fulfilled by the Borrowers or waived by the relevant Lenders as provided in accordance with Section 14.14, the Borrowers may have any Borrower may, from time to time, obtain credit extended to them hereunder by giving to the Administrative Agent an irrevocable notice (“Drawdown Notice”) in substantially the form of Schedule E hereto ("DRAWDOWN NOTICE") in accordance with Section 3.15 and specifying
(a) the applicable Borrower;
(b) the Credit Facility under which the Credit is to be extended;
(c) the date the credit is to be extendedobtained;
(dc) whether the credit is to be extended obtained by way of a Prime Rate Loan, a Base Rate Canada Loan, a Base Rate New York Loan, LIBOR Loan Loan, Gold Loan, Bankers' Acceptance or a Bankers’ AcceptanceLetter;
(ed) if in the case of any credit is to be extended obtained by way of a Loan, the principal amount of the Loan;
(e) if the credit is to be obtained by way of LIBOR Loan, the applicable Interest Period;
(f) if the credit is to be extended obtained by way of a LIBOR Gold Loan, the applicable Interest Gold Funding Period, whether Gold Funding Fees are to be payable in U.S. dollars or Gold and, if the Gold Funding Fees are to be payable in U.S. dollars, the manner of calculating such Gold Funding Fees;
(g) if the credit is to be extended obtained by way of Bankers’ ' Acceptances, the aggregate face amount of the Bankers’ ' Acceptances to be issued and the term of the Bankers’ ' Acceptances;
(h) if the credit is to be obtained by way of Letter, the date of issuance of the Letter, whether the Letter is to be a letter of credit or a letter of guarantee, the named beneficiary of the Letter, the maturity date and amount of the Letter, the currency in which the Letter is to be denominated and all other terms of the Letter;Letter (including, without limitation, (i) the proposed form of the Letter and (ii) if the Letter is to be issued on behalf of a Subsidiary of the applicable Borrower as well as on behalf of the applicable Borrower, the name of such Subsidiary); and
(i) the details of any irrevocable authorization and direction pursuant to Section 3.02; and
(j) any further information required pursuant 3.2. If credit is to be obtained by way of Letter and if such Letter is to be issued on behalf of a Subsidiary of the Power applicable Borrower as well as on behalf of Attorney the applicable Borrower, such Borrower shall ensure that accompanying such Drawdown Notice is an instrument, substantially in the form attached as of Schedule F hereto I hereto, and pursuant to which such Subsidiary shall agree, without qualification, to reimburse the Borrowers may have delivered Issuing Lender on demand for the full amount of each and any Draft presented to and paid by the LendersIssuing Lender in accordance with such Letter.
Appears in 1 contract
Sources: Credit Agreement (Kinross Gold Corp)
Drawdown Notice. Subject to Sections 2.013.1, 3.05 3.6 and 3.06 3.7 and provided that all of the applicable conditions precedent set forth in Article 12 have been fulfilled by the Borrowers or waived in accordance with Section 14.14, the Borrowers may have credit extended to them hereunder by giving to the Agent an irrevocable notice (“Drawdown Notice”"DRAWDOWN NOTICE") in substantially the form of Schedule E ERROR! REFERENCE SOURCE NOT FOUND. hereto and specifying:
(a) the applicable Borrower;
(b) the Credit Facility under which the Credit is to be extended;
(c) the date the credit is to be extended;
(d) whether the credit is to be extended by way of a Prime Rate Loan, a Base Rate Canada Loan, a Base Rate New York Loan, a LIBOR Loan or a Bankers’ ' Acceptance;
(e) if the credit is to be extended by way of a Loan, the principal amount of the Loan;
(f) if the credit is to be extended by way of a LIBOR Loan, the applicable Interest Period;
(g) if the credit is to be extended by way of Bankers’ ' Acceptances, the aggregate face amount of the Bankers’ ' Acceptances to be issued and the term of the Bankers’ ' Acceptances;
(h) if the credit is to be obtained by way of Letter, the date of issuance of the Letter, whether the Letter is to be a letter of credit or a letter of guarantee, the named beneficiary of the Letter, the maturity date and amount of the Letter, the currency in which the Letter is to be denominated and all other terms of the Letter;; and
(i) the details of any irrevocable authorization and direction pursuant to Section 3.02; and
(j) any further information required pursuant to the Power of Attorney in the form attached as Schedule F hereto which the Borrowers may have delivered to the Lenders3.2.
Appears in 1 contract
Sources: Credit Agreement (Vitran Corp Inc)
Drawdown Notice. Subject to Sections 2.013.1, 3.05 3.7 and 3.06 3.8 and provided that all of the applicable conditions precedent set forth in Article 12 have been fulfilled by the Borrowers or waived by the relevant Lenders as provided in accordance with Section 14.14, the Borrowers may have any Borrower may, from time to time, obtain credit extended to them hereunder by giving to the Administrative Agent an irrevocable notice (“Drawdown Notice”) in substantially the form of Schedule E hereto ("Drawdown Notice") in accordance with Section 3.13 and specifying
(a) the applicable Borrower;
(b) the Credit Facility under which the Credit is to be extended;
(c) the date the credit is to be extendedobtained;
(dc) whether the credit is to be extended obtained by way of a Prime Rate Loan, a Base Rate Canada Loan, a Base Rate New York Loan, LIBOR Loan Loan, Bankers' Acceptance or a Bankers’ AcceptanceLetter;
(ed) if in the case of any credit is to be extended obtained by way of a Loan, the principal amount of the Loan;
(fe) if the credit is to be extended obtained by way of a LIBOR Loan, the applicable Interest Period;
(gf) if the credit is to be extended obtained by way of Bankers’ ' Acceptances, the aggregate face amount of the Bankers’ ' Acceptances to be issued and the term of the Bankers’ ' Acceptances;
(hg) if the credit is to be obtained by way of Letter, the date of issuance of the Letter, whether the Letter is to be a letter of credit or a letter of guarantee, the named beneficiary of the Letter, the maturity date and amount of the Letter, the currency in which the Letter is to be denominated and all other terms of the Letter;Letter (including, without limitation, (i) the proposed form of the Letter and (ii) if the Letter is to be issued on behalf of a Subsidiary of the applicable Borrower as well as on behalf of the applicable Borrower, the name of such Subsidiary); and
(ih) the details of any irrevocable authorization and direction pursuant to Section 3.02; and
(j) any further information required pursuant 3.2. If credit is to be obtained by way of Letter and if such Letter is to be issued on behalf of a Subsidiary of the Power applicable Borrower as well as on behalf of Attorney the applicable Borrower, such Borrower shall ensure that accompanying such Drawdown Notice is an instrument, substantially in the form attached as of Schedule F hereto I hereto, and pursuant to which such Subsidiary shall agree, without qualification, to reimburse the Borrowers may have delivered Issuing Lender on demand for the full amount of each and any Draft presented to and paid by the LendersIssuing Lender in accordance with such Letter.
Appears in 1 contract
Sources: Credit Agreement (Kinross Gold Corp)