Alberta Treasury Branches Clause Samples

Alberta Treasury Branches as a Lender

Alberta Treasury Branches. ATB Financial Debt — a fixed asset revolving term loan facility to be made by ATB Financial in favour of the Borrower and its Subsidiaries, in the aggregate amount of $15,000,000 (the “ATB Principal”), and to be secured by the Borrower’s Real Estate and fixed assets only, the whole in form and in substance and on terms and conditions satisfactory to the Agent. At all times after the execution of the ATB Financial Debt, and for so long as any Commitments or Obligations are outstanding, each Obligor shall not, and shall cause each Subsidiary not to, agree to the increase of the principal amount of the ATB Financial Debt in excess of the ATB Principal, nor agree to the increase of any interest rates or any fees, premiums, commissions or other payments except as provided for in the initial ATB Financial Debt or make any covenants and terms more restrictive than those provided for in the initial ATB Financial Debt, unless the Agent’s prior written consent, in its discretion, has been obtained in each such case. ATB Intelcreditor Agreement — an Intercreditor Agreement among the Agent, ATB Financial and the Borrower to be executed concurrently with the execution of the ATB Financial Debt in form and in substance and on terms and conditions satisfactory to the Agent (such terms and conditions to include, inter alia, standstill provisions and grant to Agent of a licence to use the Equipment in an enforcement scenario). ATB Principal — as defined in the definition of ATB Financial Debt. Availability — determined as of any date, the amount that Borrower is entitled to borrow as Revolver Loans, being the Borrowing Base minus the principal balance of all Revolver Loans. Availability Reserve — the sum (without duplication) of (a) the Rent and Charges Reserve; (b) the LC Reserve; (c) the aggregate amount of liabilities secured by Liens upon Collateral that are senior to Agent’s Liens (but imposition of any such reserve shall not waive an Event of Default arising therefrom); (d) the Priority Payable Reserve, (e) the 331562 Reserve, and (f) such additional reserves, in such amounts and with respect to such matters, as Agent in its discretion may elect to impose from time to time. Average Daily Availability — the amount obtained by adding the difference between the Borrowing Base and the aggregate unpaid balance of the Revolver Loans and Swingline Loans owing by Borrower to Agent and Lenders at the end of each day during the period in question and by dividing such sum by th...

Alberta Treasury Branches. The Alberta Union of Provincial Employees Local 20