Existing BAs definition
Examples of Existing BAs in a sentence
The Borrower, the Agent and the Lenders further acknowledge that on the Effective Date there will be Banker’s Acceptances outstanding in the principal amount of $190,000,000 maturing June 25, 2007 (the “Existing BAs”), and agree that each Lender (an “Existing BA Lender”) who accepted the Existing BAs shall remain liable for its obligations thereunder, and for greater certainty, the Lenders shall have no obligation to indemnify the Existing BA Lenders in respect of the Existing BAs.
Notwithstanding the foregoing, from time to time, as the Existing BAs mature and Rollovers and Conversions are made by the Borrowers (or any of them) in respect thereof, each of the Lenders shall participate in the Advances effecting such Rollovers and Conversions to the full extent of its Proportionate Share therein after giving effect to the increase in Commitments contemplated by this Agreement.
It is understood that, as a result of such Existing B/As continuing to remain outstanding as B/As under this Agreement as set forth in the previous sentence, as of the Effective Date utilization of the Total Canadian Revolving Commitment will not be pro rata based upon each Canadian Revolving Lender’s Canadian Revolving Commitment.
The Canadian Borrower undertakes to repay the holders of the Existing BAs in full the amounts outstanding in connection with the Existing BAs on the applicable maturity dates, which repayment the Canadian Borrower may make from the proceeds of a Canadian Loan obtained by it in accordance with the terms of this Agreement.
The Existing B/As are deemed to constitute Loans by way of B/As issued and outstanding under the Credit Facility for all purposes of this Agreement.
Notwithstanding any provision of this Agreement to the contrary, it is acknowledged and agreed by the parties hereto that all rights and interests of the Lenders in respect of, and any obligation of the Borrower to pay or reimburse the Lenders in respect of, the Existing BA's are solely a risk and for the account of the Lenders based upon their respective Rateable Portions as in effect prior to and without regard to the provisions of this Agreement.
Notwithstanding any provision hereof or in any other Credit Document to the contrary, it is acknowledged and agreed that all rights and interests of the Lenders in respect of, and any obligation of the Borrowers (or any of them) to pay or reimburse the Lenders in respect of, the Existing BAs are solely a risk and for the account of the Lenders based upon their respective Proportionate Shares as in effect prior to and without regard to the increases Commitments contemplated by this Agreement.
The Borrowers, Agent and Lenders hereby acknowledge that the Existing BAs may be outstanding on the Effective Date.
This Agreement constitutes the entire agreement between the Shareholder and the Company relative to the subject matter hereof and thereof.
At the Effective Time, each outstanding Advance (other than Existing LCs and Existing BAs) shall be deemed to be outstanding as an Advance hereunder and each Lender agrees to make such adjustments thereto as may be required in order to reflect the new Rateable Partners under the Revolving Facility (as determined by the Agent in accordance with its customary practice).