Common use of BA Equivalent Loans Clause in Contracts

BA Equivalent Loans. Whenever the Borrower requests an Advance that includes Banker's Acceptances, each Lender that is not permitted by Applicable Law or by customary market practice to accept a Banker's Acceptance (a "Non BA Lender") shall, in lieu of accepting its pro rata amount of such Banker's Acceptances, make available to the Borrower on the Borrowing Date a non‑interest bearing loan (a "BA Equivalent Loan") in Canadian Dollars in an amount equal to the BA Discount Proceeds of its pro rata amount of the Banker's Acceptances, based on the BA Discount Rate applicable to such Lender. Each Non BA Lender shall also be entitled to deduct from the BA Equivalent Loan an amount equal to the Banker's Acceptance Fee that would have been applicable had it been able to accept Banker's Acceptances. The BA Equivalent Loan shall have a term equal to the term of the Banker's Acceptances that the Non BA Lender would otherwise have accepted and the Borrower shall, at the end of that term, be obligated to pay the Non BA Lender an amount equal to the aggregate face amount of the Banker's Acceptances that it would otherwise have accepted. All provisions of this Agreement applicable to Banker's Acceptances and Lenders that accept Banker's Acceptances shall apply mutatis mutandis to BA Equivalent Loans and Non BA Lenders and, without limiting the foregoing, Accommodations shall include BA Equivalent Loans.

Appears in 2 contracts

Samples: Credit Agreement (Pacificorp /Or/), Credit Agreement (Pacificorp /Or/)

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BA Equivalent Loans. Whenever Notwithstanding the Borrower requests an Advance that includes Banker's Acceptancesother provisions of this Article 4, each a Non-BA Lender that is not permitted by Applicable Law or by customary market practice to accept a Banker's Acceptance (a "Non BA Lender") shall, in lieu of accepting its pro rata and, if applicable, purchasing Bankers’ Acceptances, make a BA Equivalent Loan. The amount of each BA Equivalent Loan shall be equal to the Discount Proceeds which would be realized from a hypothetical sale of those Bankers’ Acceptances to such Non-BA Lender which such Lender would otherwise be required to accept and, if applicable, purchase as part of such a Bankers’ Acceptance issue. To determine the amount of such Banker's AcceptancesDiscount Proceeds, make available the hypothetical sale shall be deemed to take place at the Borrower Discount Rate and using the applicable term of such Bankers’ Acceptance issue. Any BA Equivalent Loan shall be made on the Borrowing relevant Drawdown Date, Conversion Date or Rollover Date, as the case may be, and shall remain outstanding for the term of the relevant Accommodation of Bankers’ Acceptances issued concurrently therewith. Concurrently with the making of a non‑interest bearing loan (a "BA Equivalent Loan") in Canadian Dollars in , a Non-BA Lender shall be entitled to deduct therefrom an amount equal to the BA Discount Proceeds Stamping Fee which such Lender would otherwise be entitled to receive pursuant to Section 3.1(d) as part of its pro rata amount such issuance of the Banker's Bankers’ Acceptances if such Lender was accepting Bankers’ Acceptances, based on the amount payable on the maturity date of such BA Discount Rate applicable Equivalent Loan. Upon the maturity date for such Bankers’ Acceptances, the Borrower shall pay to such Lender. Each Non each Non-BA Lender shall also be entitled to deduct from in satisfaction of the BA Equivalent Loan and interest accrued thereon, an amount equal to the Banker's face amount of the Bankers’ Acceptance Fee that which, but for this Section 4.5, such Non-BA Lender would have been applicable had it been able required to accept Banker's Acceptancesaccept. The Interest shall accrue on an Advance under a BA Equivalent Loan shall have at a term rate per annum equal to the Discount Rate for the term of the Banker's Acceptances that the Non BA Lender would otherwise have accepted Equivalent Loan. All references in this Agreement to “Loans” and the Borrower “Bankers’ Acceptances” shall, at unless otherwise expressly provided herein or unless the end of that termcontext otherwise requires, be obligated deemed to pay the Non BA Lender an amount equal to the aggregate face amount of the Banker's Acceptances that it would otherwise have accepted. All provisions of this Agreement applicable to Banker's Acceptances and Lenders that accept Banker's Acceptances shall apply mutatis mutandis to include BA Equivalent Loans and Non made or to be made by a Non-BA Lenders and, without limiting Lender as part of any Accommodation of Bankers’ Acceptances. Each such Loan shall be evidenced by a Discount Note executed by the foregoing, Accommodations shall include Borrower made in favour of the relevant Non-BA Equivalent LoansLender.

Appears in 2 contracts

Samples: Syndicated Credit Agreement (Advantage Oil & Gas Ltd.), Syndicated Credit Agreement (Advantage Oil & Gas Ltd.)

BA Equivalent Loans. Whenever the Borrower requests an Advance that includes Banker's ’s Acceptances, each Lender that is not permitted by Applicable Law or by customary market practice to accept a Banker's ’s Acceptance (a "Non BA Lender") shall, in lieu of accepting its pro rata amount of such Banker's ’s Acceptances, make available to the Borrower on the Borrowing Date a non‑interest bearing loan (a "BA Equivalent Loan") in Canadian Dollars in an amount equal to the BA Discount Proceeds of its pro rata amount of the Banker's ’s Acceptances, based on the BA Discount Rate applicable to such Lender. Each Non BA Lender shall also be entitled to deduct from the BA Equivalent Loan an amount equal to the Banker's ’s Acceptance Fee that would have been applicable had it been able to accept Banker's ’s Acceptances. The BA Equivalent Loan shall have a term equal to the term of the Banker's ’s Acceptances that the Non BA Lender would otherwise have accepted and the Borrower shall, at the end of that term, be obligated to pay the Non BA Lender an amount equal to the aggregate face amount Face Amount of the Banker's ’s Acceptances that it would otherwise have accepted. All provisions of this Agreement applicable to Banker's ’s Acceptances and Lenders that accept Banker's ’s Acceptances shall apply mutatis mutandis to BA Equivalent Loans and Non BA Lenders and, without limiting the foregoing, Accommodations shall include BA Equivalent Loans.. RBC – AltaLink (AILP) – 2020 $200M Credit Agreement

Appears in 1 contract

Samples: Assignment and Assumption (Midamerican Funding LLC)

BA Equivalent Loans. Whenever the Borrower requests an Advance that includes Banker's ’s Acceptances, each Lender that is not permitted by Applicable Law or by customary market practice to accept a Banker's ’s Acceptance (a "Non BA Lender") shall, in lieu of accepting its pro rata amount of such Banker's ’s Acceptances, make available to the Borrower on the Borrowing Date a non‑interest bearing loan (a "BA Equivalent Loan") in Canadian Dollars in an amount equal to the BA Discount Proceeds of its pro rata amount of the Banker's ’s Acceptances, based on the BA Discount Rate applicable to such Lender. Each Non BA Lender shall also be entitled to deduct from the BA Equivalent Loan an amount equal to the Banker's ’s Acceptance Fee that would have been applicable had it been able to accept Banker's ’s Acceptances. The BA Equivalent Loan shall have a term equal to the term of the Banker's ’s Acceptances that the Non BA Lender would otherwise have accepted and the Borrower shall, at the end of that term, be obligated to pay the Non BA Lender an amount equal to the aggregate face amount Face Amount of the Banker's ’s Acceptances that it would otherwise have accepted. All provisions of this Agreement applicable to Banker's ’s Acceptances and Lenders that accept Banker's ’s Acceptances shall apply mutatis mutandis to BA Equivalent Loans and Non BA Lenders and, without limiting the foregoing, Accommodations shall include BA Equivalent Loans.

Appears in 1 contract

Samples: Assignment and Assumption (Midamerican Funding LLC)

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BA Equivalent Loans. Whenever If, in the sole judgement of a Lender, such Lender is unable to extend credit by way of Bankers’ Acceptances in accordance with this agreement, such Lender shall give an irrevocable notice to such effect to the Administrative Agent and the Borrower requests an Advance that includes Banker's Acceptances, each prior to 10:00 a.m. (Toronto time) on the date of the requested credit extension (such Lender that is not permitted by Applicable Law or by customary market practice being herein referred to accept as a Banker's Acceptance (a "Non “Non-BA Lender") shall, in lieu of accepting its pro rata amount of such Banker's Acceptances, and shall make available to the Borrower prior to 11:00 a.m. (Toronto time) on the Borrowing Date date of such requested credit extension a non‑interest bearing Canadian Dollar loan (a "BA Equivalent Loan") in Canadian Dollars in an the principal amount equal to the BA Discount Proceeds of its pro rata amount such Lender’s Pro Rata Share of the Banker's total credit to be extended by way of Bankers’ Acceptances, based on the BA Discount Rate applicable to such Lender. Each Non BA Lender shall also be entitled to deduct from the BA Equivalent Loan an amount equal to be funded in the Banker's Acceptance Fee that would have been applicable had it been able same manner as a Loan is funded pursuant to accept Banker's AcceptancesSections 3.2 and 3.3. The Such BA Equivalent Loan shall have the same term as the Bankers’ Acceptances for which it is a term equal to substitute and shall bear such rate of interest per annum throughout the term of the Banker's Acceptances that the Non thereof as shall permit such Non-BA Lender to obtain the same effective rate as if such Non-BA Lender had accepted and purchased a Bankers’ Acceptance at the same BA Acceptance Fee and pricing at which the Administrative Agent would otherwise have accepted and purchased such Bankers’ Acceptance at approximately 11:00 a.m. (Toronto time) on the date such BA Equivalent Loan is made, on the basis that, and the Borrower shallhereby agrees that, at for such a BA Equivalent Loan, interest shall be payable in advance on the end date of that term, be obligated to pay the Non extension of credit by the Non-BA Lender an amount equal to deducting the aggregate face interest payable in respect thereof from the principal amount of the Banker's Acceptances that it would otherwise have acceptedsuch BA Equivalent Loan. All provisions of this Agreement applicable to Banker's Acceptances and Lenders that accept Banker's Acceptances shall apply mutatis mutandis to BA Equivalent Loans and Non BA Lenders and, without limiting the foregoing, Accommodations shall include be evidenced by a BA Equivalent Loans.Note pursuant to Section 3.4(i), which shall be in the form of a depository note made payable originally to and deposited with The Canadian Depository for Securities Limited pursuant to the Depository Bills and Notes Act (Canada). Credit Agreement

Appears in 1 contract

Samples: Credit Agreement (CI Financial Corp.)

BA Equivalent Loans. Whenever the Borrower requests an Advance that includes Banker's Acceptances, each Lender that is not permitted by Applicable Law or by customary market practice to accept a Banker's Acceptance (a "Non BA Lender") shall, in lieu of accepting its pro rata amount of such Banker's Acceptances, make available to the Borrower on the Borrowing Date a non‑interest non-interest bearing loan (a "BA Equivalent Loan") in Canadian Dollars in an amount equal to the BA Discount Proceeds of its pro rata amount of the Banker's Acceptances, based on the BA Discount Rate applicable to such Lender. Each Non BA Lender shall also be entitled to deduct from the BA Equivalent Loan an amount equal to the Banker's Acceptance Fee that would have been applicable had it been able to accept Banker's Acceptances. The BA Equivalent Loan shall have a term equal to the term of the Banker's Acceptances that the Non BA Lender would otherwise have accepted and the Borrower shall, at the end of that term, be obligated to pay the Non BA Lender an amount equal to the aggregate face amount of the Banker's Acceptances that it would otherwise have accepted. All provisions of this Agreement applicable to Banker's Acceptances and Lenders that accept Banker's Acceptances shall apply mutatis mutandis to BA Equivalent Loans and Non BA Lenders and, without limiting the foregoing, Accommodations shall include BA Equivalent Loans.

Appears in 1 contract

Samples: Credit Agreement (Berkshire Hathaway Energy Co)

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