Common use of Specific Clause with Regard to Foreign Lenders Clause in Contracts

Specific Clause with Regard to Foreign Lenders. In the event of a suspension of the Borrower’s right to request Advances (including conversions and extensions) from one or more Foreign Lenders under Sections 4.9 and 4.10 hereof (each an “Affected Lender”), each Affected Lender shall, concurrently with the notice described in Section 4.9, seek alternative sources of funding Cdn. $ Advances and, if sufficient funds are obtained, shall notify the Borrower as to when such funds will be available for Advances. On the date indicated in such notice, the Affected Lender shall be deemed to have made an Advance with interest payable on the Prime Rate Basis. If within 5 Business Days following the notice described in Section 4.8, there remain one or more Affected Lenders who have not been deemed to have made an Advance on the Prime Rate Basis under the preceding paragraph, such Lender (an “Incapable Lender”) shall provide an additional notice to the Agent and the Borrower of such fact and the following provisions shall apply: 4.12.1 The Incapable Lender shall make US$ Advances on the Libor Basis, and the parties will negotiate such amendments hereto as may be required to give full effect to such intention, it being understood that the Borrower alone will bear all foreign exchange risks; and

Specific Clause with Regard to Foreign Lenders. In the event of a suspension of the Borrower’s 's right to request Advances (including conversions and extensions) from one or more Foreign Lenders under Sections 4.8 and 4.9 and 4.10 hereof (each an “Affected Lender”"AFFECTED LENDER"), each Affected Lender shall, concurrently with the notice described in Section 4.94.8, seek alternative sources of funding Cdn. $ Advances and, if sufficient funds are obtained, shall notify the Borrower as to when such funds will be available for Advances. On the date indicated in such notice, the Affected Lender shall be deemed to have made an Advance with interest payable on the Prime Rate Basis. If within 5 Business Days following the notice described in Section 4.8, there remain one or more Affected Lenders who have not been deemed to have made an Advance on the Prime Rate Basis under the preceding paragraph, such Lender (an “Incapable Lender”"INCAPABLE LENDER") shall provide an additional notice to the Agent and the Borrower of such fact and the following provisions shall apply: 4.12.1 4.11.1 The Incapable Lender shall make US$ Advances on the Libor Basis, and the parties will negotiate such amendments hereto as may be required to give full effect to such intention, it being understood that the Borrower alone will bear all foreign exchange risks; and 4.11.2 Sections 4.8 and 4.9 hereof shall apply without reference to this Section 4.11 and, upon the expiration of the Designated Period of any existing Libor Advance, the provisions of Section 5.8 hereof shall apply to such Libor Advances.

Specific Clause with Regard to Foreign Lenders. In the event of a suspension of the Borrower’s right to request Advances (including conversions and extensions) from one or more Foreign Lenders under Sections 4.9 and 4.10 hereof (each an “Affected Lender”), each Affected Lender shall, concurrently with the notice described in Section 4.9, seek alternative sources of funding Cdn. $ Advances and, if sufficient funds are obtained, shall notify the Borrower as to when such funds will be available for Advances. On the date indicated in such notice, the Affected Lender shall be deemed to have made an Advance with interest payable on the Prime Rate Basis. If within 5 Business Days following the notice described in Section 4.8, there remain one or more Affected Lenders who have not been deemed to have made an Advance on the Prime Rate Basis under the preceding paragraph, such Lender (an “Incapable Lender”) shall provide an additional notice to the Agent and the Borrower of such fact and the following provisions shall apply: 4.12.1 The Incapable Lender shall make US$ Advances on the Libor Basis, and the parties will negotiate such amendments hereto as may be required to give full effect to such intention, it being understood that the Borrower alone will bear all foreign exchange risks; and 4.12.2 Sections 4.9 and 4.10 hereof shall apply without reference to this Section 4.12 and, upon the expiration of the Designated Period of any existing Libor Advance, the provisions of Section 5.8 hereof shall apply to such Libor Advances.