Common use of BA Equivalent Advances Clause in Contracts

BA Equivalent Advances. If an Operating Lender is not permitted by Applicable Law to, or does not by virtue of customary market practice, accept Drafts for the purpose of subsequent sale as bankers’ acceptances (a “Non-Acceptance Lender”), each time the Borrower gives a Borrowing Request for an issue of Acceptances, such Non-Acceptance Lender shall, in lieu of accepting and purchasing Acceptances pursuant to Section 4.6, either purchase Discount Notes pursuant to Section 4.12 or make a loan advance in Canadian Dollars for the account of the Borrower (a “BA Equivalent Advance”) in the amount equal to the Acceptance Proceeds which would be derived from a hypothetical sale of Drafts accepted by it (“Notional Acceptances”) in the aggregate face amount of its Rateable Share of such requested issue of Acceptances at a discount rate that yields to such Non-Acceptance Lender (excluding the Stamping Fee) an interest rate per annum equal to such Non-Acceptance Lender’s BA Reference Rate for the applicable Term of such Acceptances. Any BA Equivalent Advance shall be repayable on the maturity of such issue of Acceptances. A Non-Acceptance Lender shall be entitled to deduct from the amount of its BA Equivalent Advance to be remitted to the Administration Agent pursuant to Section 4.6(b) an amount equal to the Stamping Fee determined in accordance with Section 4.7 that would have been payable to it with respect to the Notional Acceptances corresponding to the BA Equivalent Advance. For the purposes of this Agreement each reference to an issue of Acceptances shall be deemed to include, where relevant, BA Equivalent Advances, with the necessary changes being made to fit the context.

BA Equivalent Advances. If an Operating a Lender is not permitted by Applicable Law to, or does not by virtue of customary market practice, customarily accept Drafts for the purpose of subsequent sale as a bankers’ acceptances ' acceptance (a “"Non-Acceptance Lender”"), each time the Borrower gives a Borrowing Request for an issue of Acceptances, such Non-Acceptance Lender shall, in lieu of accepting and purchasing Acceptances pursuant to Section 4.65.5, either purchase Discount Notes pursuant to Section 4.12 5.11 or make a loan advance in Canadian Dollars for the account of to the Borrower (a “"BA Equivalent Advance”") in the amount equal to the Net Acceptance Proceeds which would be derived from a hypothetical sale of Drafts accepted by it (“"Notional Acceptances”") in the aggregate face amount of its Rateable Share of such requested issue of Acceptances at a discount rate that yields to such Non-Acceptance Lender (excluding the Stamping Fee) an interest rate per annum equal to such Non-Acceptance Lender’s 's BA Reference Rate for the applicable Term of such AcceptancesRate. Any BA Equivalent Advance shall be repayable on the maturity Period End Date of such issue of Acceptances. A Non-Acceptance Lender shall be entitled to deduct from the amount of its BA Equivalent Advance to be remitted to the Administration Agent pursuant to Section 4.6(b) Subsection 5.5.2 an amount equal to the Stamping Fee determined in accordance with Section 4.7 5.6 that would have been payable to it with respect to the Notional Acceptances corresponding to the BA Equivalent Advance. For the purposes of this Agreement each reference to an issue of Acceptances shall be deemed to include, where relevant, BA Equivalent Advances, with the necessary changes being made to fit the context.

BA Equivalent Advances. If an Operating a Canadian Revolving Lender is not permitted by Applicable Law to, or does not by virtue of customary market practice, customarily accept Drafts for the purpose of subsequent sale as a bankers’ acceptances acceptance (a “Non-Acceptance Lender”), each time the Borrower Cognos gives a Borrowing Request for an issue of Acceptances, such Non-Acceptance Lender shall, in lieu of accepting and purchasing Acceptances pursuant to Section 4.66.6, either purchase Discount Notes pursuant to Section 4.12 6.12 or make a loan advance in Canadian Dollars for the account of the Borrower to Cognos (a “BA Equivalent Advance”) on the proposed Borrowing Date in the amount equal to the Net Acceptance Proceeds which would be derived from a hypothetical sale of Drafts accepted by it that Non-Acceptance Lender (“Notional Acceptances”) in the aggregate face amount of equal to its Rateable Share of such requested issue of Acceptances at a discount rate that yields to such that Non-Acceptance Lender (excluding the Stamping Fee) an interest rate per annum equal to such that Non-Acceptance Lender’s BA Reference Rate for the applicable Term of such Notional Acceptances. Any BA Equivalent Advance shall be repayable on the maturity Period End Date of such issue of Acceptances. A Non-Acceptance Lender shall be entitled to deduct from the amount of its BA Equivalent Advance to be remitted to the Administration Canadian Agent pursuant to Section 4.6(b) Subsection 6.6.2 an amount equal to the Stamping Fee determined in accordance with Section 4.7 6.7 that would have been payable to it with respect to had it accepted the Notional Acceptances corresponding to the BA Equivalent Advance. For the purposes of this Agreement each reference to an issue of Acceptances shall be deemed to include, where relevant, BA Equivalent Advances, with the necessary changes being made to fit the context.