Canadian Obligations. All amounts received by or with respect to, and all proceeds of Collateral, if any, coming from, any Canadian Borrower or any other Canadian Credit Party shall be applied:
Canadian Obligations. All payments under this Agreement with respect to the Canadian Obligations shall be made to the Canadian Administrative Branch of the Global Agent not later than 11:00 A.M. (local time at the Canadian Payment Office) on the date when due and shall be made at the Canadian Payment Office in immediately available funds and in Canadian Dollars.
Canadian Obligations. Notwithstanding anything in any Loan Document to the contrary, the parties hereto acknowledge that (a) the Canadian Borrowing Base Obligors are only obligated with respect to the Canadian Obligations and costs and expenses associated therewith and (b) any realization of Collateral owned by any Canadian Borrowing Base Obligor under the Security Documents shall only be with respect to the Canadian Obligations (with the application of funds as set forth in Section 5.5.1 hereof (including the last sentence thereof)). Notwithstanding anything in any Loan Document to the contrary, the parties hereto acknowledge that all amounts with respect to fees and expenses owing to the Agent (in its capacities as agent or collateral agent hereunder and not in their capacity as a Lender hereunder) for its own account (as opposed to for the account or benefit of any other Secured Party) are owed exclusively by the U.S. Obligors and not the Canadian Borrowing Base Obligors.
Canadian Obligations. All indebtedness, obligations and liabilities of the Canadian Borrower, to any of the Lenders, the Administrative Agent and the Collateral Agent, individually or collectively, existing on the date of this Credit Agreement or arising thereafter, direct or indirect, joint or several, absolute or contingent, matured or unmatured, liquidated or unliquidated, secured or unsecured, arising by contract, operation of law or otherwise, arising or incurred under this Credit Agreement or any of the other Loan Documents or any Interest Rate Agreement or in respect of any of the Canadian Loans made or any of the Canadian Loan Notes or other instruments at any time evidencing any thereof; and the obligations of the Domestic Borrower and each of the Guarantors in their respective capacities as joint and several obligor or guarantor in respect of any of the foregoing obligations.
Canadian Obligations. All indebtedness, obligations and liabilities of the Canadian Borrower to the Lenders and the Administrative Agent (a) under or in respect of or in connection with the Canadian Term Loan and the Canadian Term Notes and including any interest thereon or fees or expenses in respect thereof, (b) under any Hedging Agreement between the Canadian Borrower and any Lender (including the Swingline Lender and Issuing Lender) or any Lender Affiliate, and (c) under any of the other Loan Documents to which the Canadian Borrower or the Canadian Guarantors are a party.
Canadian Obligations. After the exercise of remedies provided for in Section 8.02 (or after the Canadian Loans have automatically become immediately due and payable and the Canadian L/C Obligations have automatically been required to be Cash Collateralized as set forth in the proviso to Section 8.02), any amounts received on account of the Canadian Obligations shall be applied by Canadian Agent in the following order:
Canadian Obligations. All indebtedness, obligations and liabilities of the Canadian Borrower to the Canadian Lenders, the Canadian Swingline Lender, the Issuing Lender and the Canadian Agent, individually or collectively existing on the date of this Credit Agreement or arising thereafter (a) under or in respect of or in connection with any of the Canadian Notes, Letters of Credit or Letter of Credit Applications in respect of the Canadian Borrower, or Canadian Loans or Canadian Swingline Loans made, or Reimbursement Obligations incurred and including any interest thereon, Canadian Commitment Fees or other fees or expenses in respect thereof, (b) under any Hedging Agreement between the Canadian Borrower and any Canadian Lender, the Canadian Swingline Lender, the Issuing Lender, or any Lender Affiliate, and (c) under the Loan Documents.
Canadian Obligations. US Borrower and, subject to the provisions of Section 3 below, each US Guarantor (collectively, the “Canadian Guarantors” and individually, a “Canadian Guarantor”) hereby irrevocably, absolutely and unconditionally guarantees, jointly with the other Canadian Guarantors and severally, as a primary obligor and not merely as a surety, the full and punctual payment or performance when due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise, and at all times thereafter, all of the following debts, liabilities and obligations (collectively, the “Canadian Guaranteed Obligations”): (i) all advances to, and debts, liabilities, obligations, covenants and duties of, any Canadian Borrower owing to the Canadian Lender arising under the Credit Agreement and each other Loan Document or otherwise with respect to any Canadian Loan, Canadian Letter of Credit or Canadian L/C Obligation; and (ii) any and all fees, costs or out-of-pocket expenses (including Attorney Costs) incurred by the Administrative Agent or the Canadian Lender in enforcing any rights of the Canadian Lender or the Administrative Agent under the Loan Documents in respect of the Canadian Guaranteed Obligations, in each case whether direct or indirect (including those acquired by assumption), absolute or contingent, due or to become due, now existing or hereafter arising and including interest and fees that accrue after the commencement by or against any Canadian Loan Party or any Affiliate thereof of any proceeding under any Debtor Relief Laws naming such Person as the debtor in such proceeding, regardless of whether such interest and fees are allowed claims in such proceeding. Without limiting the generality of the foregoing, each Canadian Guarantor’s liability hereunder shall extend to all amounts that constitute part of the Canadian Guaranteed Obligations and would be owed by any Canadian Loan Party to the Canadian Lender under the Loan Documents but for the operation of the automatic stay under Section 362(a) of the Bankruptcy Code or the operation of Sections 502(b) and 506(b) of the Bankruptcy Code.
Canadian Obligations all (a) principal of and premium, if any, on the Canadian Revolver Loans, (b) Canadian LC Obligations, (c) principal of and premium, if any, on any Specified Refinancing Debt borrowed or payable by the Canadian Obligors, (d) interest, expenses, fees, indemnification obligations, Extraordinary Expenses and other amounts payable by Canadian Obligors, in each case pursuant to the Canadian Sub-Facility, (e) other monetary obligations owing by the Canadian Obligors with respect to the Canadian Sub-Facility and (f) the German Secured Obligations (solely in such Loan Party’s capacity as a German Guarantor), each pursuant to the terms and provisions of the Loan Documents, whether now existing or hereafter arising, whether evidenced by a note or other writing, whether direct or indirect, absolute or contingent, due or to become due, primary or secondary, or joint or several, including interest, expenses and fees which, but for the filing of a petition in bankruptcy or commencement of any other Insolvency Proceeding with respect to any Canadian Obligor, would have accrued on any Obligations, whether or not a claim is allowed against such Canadian Obligor for such interest, expenses or fees in the Insolvency Proceeding. Canadian Obligor: the Canadian Borrower and each Canadian Guarantor.
Canadian Obligations. Following an Event of Default and acceleration of the Canadian Obligations, the Agent shall apply proceeds of Canadian Collateral as follows: First, to payment of that portion of the Canadian Secured Obligations constituting fees, expenses (including expenses relating to attorneys’ fees and other professionals’ fees), indemnities and other amounts due to the Agent in its capacity as such; Second, to payment of that portion of the Canadian Secured Obligations constituting accrued and unpaid fees, ratably amongst the Secured Parties in proportion to the respective amounts described in this clause “Second” due to them; Third, to payment of that portion of the Canadian Secured Obligations constituting unpaid principal of the Loans and reimbursement obligations under Letters of Credit for which the Canadian Borrower was a co-applicant, ratably amongst the Lenders in proportion to the respective amounts described in this clause “Third” due to them; Fourth, to payment of all other Canadian Secured Obligations, ratably amongst the Secured Parties in proportion to the respective amounts described in this clause “Fourth” due to them; and Finally, the balance, if any, after all of the Canadian Secured Obligations have been satisfied, to the Canadian Borrower or its applicable Subsidiary or as otherwise required by Law.
