Common use of Remittance of Payments Clause in Contracts

Remittance of Payments. Except for amounts payable to the Agent or the Operating Facility Lender for its own account and except where this Agreement otherwise requires or contemplates payments to be made on a non-Pro Rata Basis, forthwith after receipt of any repayment of principal, interest or fees pursuant hereto, the Agent shall remit to the Designated Lending Branch of each Lender its Pro Rata Share of such payment; provided that, if the Agent, on the assumption that it will receive on any particular date a payment of principal, interest or fees hereunder, remits to a Lender its share of such payment and the Borrower fails to make such payment, each of the Lenders on receipt of such remittance from the Agent agrees to repay to the Agent forthwith on demand an amount equal to the remittance together with all reasonable costs and expenses incurred by the Agent in connection therewith and interest thereon at the rate and calculated in the manner customarily applicable to interbank payments for each day from the date such amount is remitted to the Lenders without prejudice to any right such Lender may have against the Borrower. The exact amount of the repayment required to be made by the Lenders pursuant hereto shall be as set forth in a certificate delivered by the Agent to each Lender, which certificate shall be conclusive and binding for all purposes in the absence of manifest error.

Appears in 3 contracts

Sources: Credit Agreement (Bellatrix Exploration Ltd.), Credit Agreement (Bellatrix Exploration Ltd.), Credit Agreement (Bellatrix Exploration Ltd.)

Remittance of Payments. Except for amounts payable to the Agent or the Operating Facility Lender for its own account and except where this Agreement otherwise requires or contemplates payments subject to be made on a non-Pro Rata BasisSection 2.23, forthwith after receipt of any repayment pursuant hereto or payment of principal, interest or fees pursuant heretoto Article 5 or payment pursuant to Article 7, the Agent shall remit to the Designated Lending Branch of each Lender its Pro Rata Share Rateable Portion of such payment; provided that, if the Agent, on the assumption that it will receive on any particular date a payment of principal, interest or fees hereunder, remits to a Lender its share Rateable Portion of such payment and the Borrower fails to make such payment, each of the Lenders on receipt of such remittance from the Agent agrees to repay to the Agent forthwith on demand an amount equal to the remittance together with all reasonable costs and expenses incurred by the Agent in connection therewith and interest thereon at the rate and calculated in the manner customarily applicable to interbank payments the Loan in respect of which such payment is made, or, in the case of a remittance in respect of Bankers’ Acceptances, at the rate of interest applicable to Canadian Prime Rate Loans for each day from the date such amount is remitted to the Lenders without prejudice to any right such Lender may have against the Borrower. The exact amount of the repayment required to be made by the Lenders pursuant hereto shall be as set forth in a certificate delivered by the Agent to each Lender, which certificate shall be conclusive and binding for all purposes in the absence of manifest error.

Appears in 1 contract

Sources: Credit Agreement (Enbridge Inc)

Remittance of Payments. Except for amounts payable to the applicable Agent or the Operating Facility Lender for its own account and except where this Agreement otherwise requires or contemplates payments to be made on a non-Pro Rata Basisaccount, forthwith after receipt of any repayment pursuant hereto or payment of principal, interest or fees pursuant heretoto Article 5 or payment pursuant to Article 8, the applicable Agent shall remit to the Designated Lending Branch of each Lender its Pro Rata Share Rateable Portion of such payment; provided that, if the applicable Agent, on the assumption that it will receive on any particular date a payment of principal, interest or fees hereunder, remits to a Lender its share Rateable Portion of such payment and the applicable Borrower fails to make such payment, each of the Lenders on receipt of such remittance from the applicable Agent agrees to repay to the applicable Agent forthwith on demand an amount equal to the remittance together with all reasonable costs and expenses incurred by the applicable Agent in connection therewith and interest thereon at the rate and calculated in the manner customarily applicable to interbank payments the Loan in respect of which such payment is made, or, in the case of a remittance in respect of Bankers’ Acceptances, at the rate of interest applicable to Canadian Prime Rate Loans for each day from the date such amount is remitted to the Lenders without prejudice to any right such Lender may have against the applicable Borrower. The exact amount of the repayment required to be made by the Lenders pursuant hereto shall be as set forth in a certificate delivered by the applicable Agent to each Lender, which certificate shall be conclusive and binding for all purposes in the absence of manifest error.

Appears in 1 contract

Sources: Credit Agreement (Nexen Inc)

Remittance of Payments. Except for amounts payable to the Agent or for its own account, to the Operating Facility Fronting Lender for its own account and except where this Agreement otherwise requires or contemplates payments to be made on a non-Pro Rata Basisthe Swing Line Lender for its own account, forthwith after receipt of any repayment pursuant hereto or payment of principal, interest or fees pursuant heretoto Article 4 or payment pursuant to ARTICLE 7, the Agent shall remit to the Designated Lending Branch of each Lender its Pro Rata Share of such payment; provided that, if the Agent, on the assumption that it will receive on any particular date a payment of principal, interest or fees hereunder, remits to a Lender its share Pro Rata Share of such payment and the Borrower fails to make such payment, each of the Lenders on receipt of such remittance from the Agent agrees to repay to the Agent forthwith on demand an amount equal to the remittance together with all reasonable costs and expenses incurred by the Agent in connection therewith and interest thereon at the rate and calculated in the manner customarily applicable to interbank payments the Loan in respect of which such payment is made, or, in the case of a remittance in respect of Bankers’ Acceptances, at the rate of interest applicable to Prime Loans for each day from the date such amount is remitted to the Lenders without prejudice to any right such Lender may have against the Borrower. The exact amount of the repayment required to be made by the Lenders pursuant hereto shall be as set forth in a certificate delivered by the Agent to each Lender, which certificate shall be conclusive and binding for all purposes in the absence of manifest error.

Appears in 1 contract

Sources: Credit Agreement (North American Energy Partners Inc.)

Remittance of Payments. Except for amounts payable to the Agent or the Operating Facility Lender for its own account and except where this Agreement otherwise requires or contemplates payments subject to be made on a non-Pro Rata BasisSection 2.18, forthwith after receipt of any repayment pursuant hereto or payment of principal, interest or fees pursuant heretoto Article 5 or payment pursuant to Article 7, the Agent shall remit to the Designated Lending Branch of each Lender its Pro Rata Share Rateable Portion of such payment; provided that, if the Agent, on the assumption that it will receive on any particular date a payment of principal, interest or fees hereunder, remits to a Lender its share Rateable Portion of such payment and the Borrower fails to make such payment, each of the Lenders on receipt of such remittance from the Agent agrees to repay to the Agent forthwith on demand an amount equal to the remittance together with all reasonable costs and expenses incurred by the Agent in connection therewith and interest thereon at the rate and calculated in the manner customarily applicable to interbank payments the Loan in respect of which such payment is made, or, in the case of a remittance in respect of Bankers’ Acceptances, at the rate of interest applicable to Canadian Prime Rate Loans for each day from the date such amount is remitted to the Lenders without prejudice to any right such Lender may have against the Borrower. The exact amount of the repayment required to be made by the Lenders pursuant hereto shall be as set forth in a certificate delivered by the Agent to each Lender, which certificate shall be conclusive and binding for all purposes in the absence of manifest error.

Appears in 1 contract

Sources: Credit Agreement (Enbridge Inc)

Remittance of Payments. Except for amounts payable to the Agent or the Operating Facility Lender for its own account and except where this Agreement otherwise requires or contemplates payments subject to be made on a non-Pro Rata BasisSections 2.20 and 2.21, forthwith after receipt of any repayment pursuant hereto or payment of principal, interest or fees pursuant heretoto Article 5 or payment pursuant to Article 7, the Agent shall remit to the Designated Lending Branch of each Lender its Pro Rata Share Rateable Portion of such payment; provided that, if the Agent, on the assumption that it will receive on any particular date a payment of principal, interest or fees hereunder, remits to a Lender its share Rateable Portion of such payment and the Borrower fails to make such payment, each of the Lenders on receipt of such remittance from the Agent agrees to repay to the Agent forthwith on demand an amount equal to the remittance together with all reasonable costs and expenses incurred by the Agent in connection therewith and interest thereon at the rate and calculated in the manner customarily applicable to interbank payments the Loan in respect of which such payment is made, or, in the case of a remittance in respect of Bankers’ Acceptances, at the rate of interest applicable to Canadian Prime Rate Loans for each day from the date such amount is remitted to the Lenders without prejudice to any right such Lender may have against the Borrower. The exact amount of the repayment required to be made by the Lenders pursuant hereto shall be as set forth in a certificate delivered by the Agent to each Lender, which certificate shall be conclusive and binding for all purposes in the absence of manifest error.

Appears in 1 contract

Sources: Credit Agreement (Enbridge Inc)

Remittance of Payments. Except for amounts payable to the Agent or the Operating Facility Lender for its own account and except where this Agreement otherwise requires or contemplates payments to be made on a non-Pro Rata Basis, forthwith after receipt of any repayment of principal, interest or fees pursuant hereto, the Agent shall remit to the Designated Lending Branch of each Lender its Pro Rata Share of such paymentpayment (or, if Section 6.1 applies, the applicable Lender's share of such payment as specified in such Section); provided that, if the Agent, on the assumption that it will receive on any particular date a payment of principal, interest or fees hereunder, remits to a Lender its share of such payment and the Borrower fails to make such payment, each of the Lenders on receipt of such remittance from the Agent agrees to repay to the Agent forthwith on demand an amount equal to the remittance together with all reasonable costs and expenses incurred by the Agent in connection therewith and interest thereon at the rate and calculated in the manner customarily applicable to interbank payments for each day from the date such amount is remitted to the Lenders without prejudice to any right such Lender may have against the Borrower. The exact amount of the repayment required to be made by the Lenders pursuant hereto shall be as set forth in a certificate delivered by the Agent to each Lender, which certificate shall be conclusive and binding for all purposes in the absence of manifest error.

Appears in 1 contract

Sources: Credit Agreement (Baytex Energy Corp.)