Common use of Depository Bills Clause in Contracts

Depository Bills. It is the intention of the Borrower and CIBC that pursuant to the Depository Bills and Notes Act ("DBNA"), all bankers' acceptances accepted by CIBC under the Financing Commitment shall be issued in the form of a "depository ▇▇▇▇" (as defined in the DBNA), deposited with the Canadian Depository for Securities Ltd. ("CDS") and will be made payable to CDS & Co. In order to give effect to the foregoing, CIBC shall, subject to the approval of the Borrower, such approval not to be unreasonably withheld, establish and notify the Borrower of any additional procedures, consistent with the terms of the Financing Commitment and the requirements of the DBNA, as are reasonably necessary to accomplish such intention, including, without limitation: (i) any instrument held by CIBC for the purposes of bankers' acceptances shall have marked prominently, and legibly on its face and within its text, at or before the time of issue, the words "This is a depository ▇▇▇▇ subject to the Depository Bills and Notes Act (Canada)"; (ii) any reference to the authentication of the bankers' acceptance will be removed; and (iii) any reference to "bearer" will be removed and such bankers' acceptance shall not be marked with any words prohibiting negotiation, transfer or assignment of it or of an interest in it.

Depository Bills. It is the intention of the Borrower and CIBC that pursuant to the Depository Bills and Notes Act ("DBNAAct("DBNA"), all bankers' acceptances accepted by CIBC under the Financing Commitment shall be issued in the form of a "depository ▇▇▇▇" (as defined in the DBNA), deposited with the Canadian Depository for Securities Ltd. ("CDS") and will be made payable to CDS & Co. In order to give effect to the foregoing, CIBC shall, subject to the approval of the Borrower, such approval not to be unreasonably withheld, establish and notify the Borrower of any additional procedures, consistent with the terms of the Financing Commitment and the requirements of the DBNA, as are reasonably necessary to accomplish such intention, including, without limitation: (i) any instrument held by CIBC for the purposes of bankers' acceptances shall have marked prominently, and legibly on its face and within its text, at or before the time of issue, the words "This is a depository ▇▇▇▇ subject to the Depository Bills and Notes Act (Canada)"; (ii) any reference to the authentication of the bankers' acceptance will be removed; and (iii) any reference to "bearer" will be removed and such bankers' acceptance shall not be marked with any words prohibiting negotiation, transfer or assignment of it or of an interest in it.

Depository Bills. It is the intention of the Borrower and CIBC that pursuant to the Depository Bills and Notes Act ("“DBNA"”), all bankers' ’ acceptances accepted by CIBC under the Financing Commitment shall be issued in the form of a "“depository ▇▇▇▇" bill” (as defined in the DBNA), deposited with the Canadian Depository for Securities Ltd. ("“CDS"”) and will be made payable to CDS & Co. In order to give effect to the foregoing, CIBC shall, subject to the approval of the Borrower, such approval not to be unreasonably withheld, establish and notify the Borrower of any additional procedures, consistent with the terms of the Financing Commitment and the requirements of the DBNA, as are reasonably necessary to accomplish such intention, including, without limitation: (i) any instrument held by CIBC for the purposes of bankers' ’ acceptances shall have marked prominently, and legibly on its face and within its text, at or before the time of issue, the words "“This is a depository ▇▇▇▇ bill subject to the Depository Bills and Notes Act (Canada)"”; (ii) any reference to the authentication of the bankers' ’ acceptance will be removed; and (iii) any reference to "“bearer" ” will be removed and such bankers' ’ acceptance shall not be marked with any words prohibiting negotiation, transfer or assignment of it or of an interest in it.

Depository Bills. It is the intention of the Borrower and CIBC Parties that pursuant to the Depository Bills and Notes Act ("Canada) (“DBNA"”), all bankers' acceptances Bankers’ Acceptances accepted by CIBC the Lenders under the Financing Commitment shall this Agreement will be issued in the form of a "“depository ▇▇▇▇" ” (as defined in the DBNA), deposited with a “clearing house” (as defined in the DBNA), including The Canadian Depository for Securities Ltd. ("CDS") Limited or its nominee CDS Clearing and will be made payable to Depository Services Inc. or its nominee CDS & Co. (“CDS”). In order to give effect to the foregoing, CIBC shallthe Agent will, subject to the approval of the Borrower, such approval not to be unreasonably withheldBorrower and the Lenders, establish and notify the Borrower and the Lenders of any additional procedures, consistent with the terms of the Financing Commitment and the requirements of the DBNAthis Agreement, as are reasonably necessary to accomplish such intention, including, without limitation: (i) any instrument held by CIBC the Agent for the purposes of bankers' acceptances shall Bankers’ Acceptances will have marked prominently, prominently and legibly on its face and within its text, at or before the time of issue, the words "“This is a depository ▇▇▇▇ subject to the Depository Bills and Notes Act (Canada)"”; (ii) any reference to the authentication of the bankers' acceptance Bankers’ Acceptance will be removed; and (iii) any reference to "the “bearer" ” will be removed and such bankers' acceptance shall Bankers’ Acceptances will not be marked with any words prohibiting negotiation, transfer or assignment of it or of an interest in it.