Common use of Currency, Type, Form and Expiry Clause in Contracts

Currency, Type, Form and Expiry. Letters of Credit issued pursuant hereto shall be denominated in Canadian Dollars or United States Dollars and amounts payable thereunder shall be paid in the currency in which the Letter of Credit is denominated. A Letter of Credit issued hereunder shall, at the option of a Borrower (as specified in the relevant Drawdown Notice or Rollover Notice), be issued (a) by the Operating Lender under the Operating Facility, (b) under the Canadian Syndicated Facility, (i) by a Fronting Lender as a Fronted LC or (ii) by the Agent on behalf of the Lenders (each as to their Rateable Portion thereof) as a POA LC or (c) under the U.S. Facility, by the U.S. Facility Fronting Lender as a Fronted LC. Letters of Credit shall be in a form satisfactory to the Operating Lender, applicable Fronting Lender, the U.S. Facility Fronting Lender or the Agent (as applicable), acting reasonably, and shall have an expiration date not in excess of one year from the date of issue and, in any event, with respect to Letters of Credit under the Canadian Syndicated Facility, not later than the then current Canadian Syndicated Facility Maturity Date and, with respect to Letters of Credit under the U.S. Facility, not later than the then current U.S. Facility Maturity Date; provided that Letters of Credit may contain customary automatic renewal provisions. On the Operating Facility Maturity Date, the Canadian Syndicated Facility Maturity Date or the U.S. Facility Maturity Date, as the case may be, the applicable Borrower shall provide or cause to be provided to, with respect to a Maturity Date in respect of a Canadian Credit Facility or the U.S. Facility, the Agent cash collateral or letters of credit (or any combination thereof) in accordance with the provisions of Section 2.17(2) in an amount equal to or greater than the aggregate undrawn amount of all unexpired Letters of Credit outstanding under the Operating Facility, the Canadian Syndicated Facility or the U.S. Facility, as the case may be; such cash collateral and letters of credit shall be held by the Agent and be applied in accordance with said Section 2.17(2) in satisfaction of and security for the Obligations of such Borrower for such unexpired Letters of Credit.

Appears in 1 contract

Samples: Credit Agreement (Baytex Energy Corp.)

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Currency, Type, Form and Expiry. Letters of Credit issued pursuant hereto shall be denominated in Canadian Dollars or United States Dollars and amounts payable thereunder shall be paid in the currency in which the Letter of Credit is denominated. A Letter of Credit issued hereunder shall, at the option of a Borrower (as specified in the relevant Drawdown Notice or Rollover Notice), be issued (a) by the an Operating Lender under the applicable Operating Facility, (b) under the Canadian Syndicated Facility, (i) by a Canadian Syndicated Facility Fronting Lender as a Fronted LC or (ii) by the Agent on behalf of the Canadian Syndicated Facility Lenders (each as to their Rateable Portion thereof) as a POA LC or (c) under the U.S. Syndicated Facility, by the U.S. Syndicated Facility Fronting Lender as a Fronted LC. Letters of Credit shall be in a form satisfactory to the applicable Operating Lender, applicable Fronting Lender, the U.S. Facility Fronting Lender or the Agent (as applicable), acting reasonably, and shall have an expiration date not in excess of one year from the date of issue and, in any event, with respect to Letters of Credit under the Canadian Syndicated Facility, not later than the then current Canadian Syndicated Facility Maturity Date and, with respect to Letters of Credit under the U.S. Syndicated Facility, not later than the then current U.S. Syndicated Facility Maturity Date; provided that Letters of Credit may contain customary automatic renewal provisions. On the Canadian Operating Facility Maturity Date, the U.S. Operating Facility Maturity Date, the Canadian Syndicated Facility Maturity Date or the U.S. Syndicated Facility Maturity Date, as the case may be, the applicable Borrower shall provide or cause to be provided to, with respect to a Maturity Date in respect of a Canadian Credit Facility or the a U.S. Credit Facility, the Agent cash collateral or letters of credit (or any combination thereof) in accordance with the provisions of Section 2.17(2) in an amount equal to or greater than the aggregate undrawn amount of all unexpired Letters of Credit outstanding under the Operating applicable Credit Facility, the Canadian Syndicated Facility or the U.S. Facility, as the case may be; such cash collateral and letters of credit shall be held by the Agent and be applied in accordance with said Section 2.17(2) in satisfaction of and security for the Obligations of such Borrower for such unexpired Letters of Credit.

Appears in 1 contract

Samples: Agreement (Baytex Energy Corp.)

Currency, Type, Form and Expiry. Letters of Credit issued pursuant hereto shall be denominated in Canadian Dollars or United States Dollars and amounts payable thereunder shall be paid in the currency in which the Letter of Credit is denominated. A Letter of Credit issued hereunder shall, at the option of a Borrower (as specified in the relevant Drawdown Notice or Rollover Notice), be issued (a) by the an Operating Lender under the applicable Operating Facility, (b) under the Canadian Revolving Syndicated Facility, (i) by a Canadian Fronting Lender as a Fronted LC or (ii) by the Agent on behalf of the Canadian Revolving Syndicated Facility Lenders (each as to their Rateable Portion thereof) as a POA LC or (c) under the U.S. Syndicated Facility, by the U.S. Facility Fronting Lender as a Fronted LC. Letters of Credit shall be in a form satisfactory to the applicable Operating Lender, applicable Fronting Lender, the U.S. Facility Fronting Lender or the Agent (as applicable), acting reasonably, and shall have an expiration date not in excess of one year from the date of issue and, in any event, with respect to Letters of Credit under the Canadian Revolving Syndicated Facility, not later than the then current Canadian Revolving Syndicated Facility Maturity Date and, with respect to Letters of Credit under the U.S. Syndicated Facility, not later than the then current U.S. Syndicated Facility Maturity Date; provided that Letters of Credit may contain customary automatic renewal provisions. On the Canadian Operating Facility Maturity Date, the U.S. Operating Facility Maturity Date, the Canadian Revolving Syndicated Facility Maturity Date or the U.S. Syndicated Facility Maturity Date, as the case may be, the applicable Borrower shall provide or cause to be provided to, with respect to a Maturity Date in respect of a Canadian Revolving Credit Facility or the U.S. Facility, the Agent cash collateral or letters of credit (or any combination thereof) in accordance with the provisions of Section 2.17(22.18(2) in an amount equal to or greater than the aggregate undrawn amount of all unexpired Letters of Credit outstanding under the Operating applicable Credit Facility, the Canadian Syndicated Facility or the U.S. Facility, as the case may be; such cash collateral and letters of credit shall be held by the Agent and be applied in accordance with said Section 2.17(22.18(2) in satisfaction of and security for the Obligations of such Borrower for such unexpired Letters of Credit.

Appears in 1 contract

Samples: Credit Agreement (Baytex Energy Corp.)

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Currency, Type, Form and Expiry. Letters of Credit issued pursuant hereto shall be denominated in Canadian Dollars or United States Dollars and amounts payable thereunder shall be paid in the currency in which the Letter of Credit is denominated. A Letter of Credit issued hereunder shall, at the option of a Borrower (as specified in the relevant Drawdown Notice or Rollover Notice), be issued (a) by the Operating 31150487.8 Lender under the Operating Facility, (b) under the Canadian Revolving Syndicated Facility, (i) by a Fronting Lender as a Fronted LC or (ii) by the Agent on behalf of the Lenders (each as to their Rateable Portion thereof) as a POA LC or (c) under the U.S. Facility, by the U.S. Facility Fronting Lender as a Fronted LC. Letters of Credit shall be in a form satisfactory to the Operating Lender, applicable Fronting Lender, the U.S. Facility Fronting Lender or the Agent (as applicable), acting reasonably, and shall have an expiration date not in excess of one year from the date of issue and, in any event, with respect to Letters of Credit under the Canadian Revolving Syndicated Facility, not later than the then current Canadian Revolving Syndicated Facility Maturity Date and, with respect to Letters of Credit under the U.S. Facility, not later than the then current U.S. Facility Maturity Date; provided that Letters of Credit may contain customary automatic renewal provisions. On the Operating Facility Maturity Date, the Canadian Revolving Syndicated Facility Maturity Date or the U.S. Facility Maturity Date, as the case may be, the applicable Borrower shall provide or cause to be provided to, with respect to a Maturity Date in respect of a Canadian Credit Facility or the U.S. Facility, the Agent cash collateral or letters of credit (or any combination thereof) in accordance with the provisions of Section 2.17(2) in an amount equal to or greater than the aggregate undrawn amount of all unexpired Letters of Credit outstanding under the Operating Facility, the Canadian Revolving Syndicated Facility or the U.S. Facility, as the case may be; such cash collateral and letters of credit shall be held by the Agent and be applied in accordance with said Section 2.17(2) in satisfaction of and security for the Obligations of such Borrower for such unexpired Letters of Credit.

Appears in 1 contract

Samples: Credit Agreement (Baytex Energy Corp.)

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