Common use of Drawing Notice Clause in Contracts

Drawing Notice. Bankers' Acceptances shall be created on two Business Days' prior written notice given not later than 11:00 A.M. (Toronto time), by Canadian Borrower to Canadian Administrative Agent, which shall give each Canadian Lender prompt notice thereof and of such Canadian Lender's ratable portion of the aggregate Face Amount of the Drafts to be accepted (and purchased) by such Canadian Lender. Each such notice (a "Drawing Notice") shall be in substantially the form of Exhibit III-B annexed hereto or by telephone confirmed promptly in writing, containing the same information as would be contained in a Drawing Notice, and shall specify therein (i) the Drawing Date; (ii) the aggregate Face Amount of Drafts to be accepted (and purchased); and (iii) the maturity date for such Drafts (it being agreed and understood that Canadian Borrower shall not request a maturity date for Drafts which would be subsequent to the Commitment Termination Date). Neither Canadian Administrative Agent nor any Canadian Lender shall incur any liability to Company or any Borrower in acting on any telephonic notice referred to above that Canadian Administrative Agent or such Canadian Lender believes in good faith to have been given by a duly authorized officer or other person authorized to borrow on behalf of Canadian Borrower or for otherwise acting in good faith under this subsection 2.8, and upon the creation and purchase of Bankers' Acceptances pursuant to any such telephonic notice, Canadian Borrower shall be liable with respect thereto as provided herein. Each Drawing Notice shall be irrevocable and binding on Canadian Borrower. Canadian Borrower shall indemnify each Canadian Lender against any loss or expense incurred by such Canadian Lender as a result of any failure by Canadian Borrower to fulfill or honor before the applicable Drawing Date the applicable conditions set forth in this subsection 2.8 or subsection 3.4 if as a result of such failure, the requested Bankers' Acceptances are not created and/or purchased on such Drawing Date.

Appears in 2 contracts

Samples: Credit Agreement (Homestake Mining Co /De/), Credit Agreement (Homestake Mining Co /De/)

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Drawing Notice. Bankers' Acceptances Each Drawing shall be created made on two (2) Business Days' Days prior written notice specified in relation to Acceptances, given not later than 11:00 A.M. 12:00 noon (Toronto time), by Canadian Borrower Canada Safeway to Canadian Administrative Agent, which shall give each Canadian Lender prompt notice thereof and of such Canadian Lender's ’s ratable portion of the aggregate Face Amount of the Drafts to be accepted (and purchased) by such Canadian Lenderunder the Drawing. Each such notice of a Drawing (a "Drawing Notice") shall be given in substantially the form of Exhibit III-B VIII annexed hereto or by telephone confirmed promptly in writing, containing the same information as would be contained in a Drawing Notice, and shall specify therein (i) the Drawing Date; (ii) the aggregate Face Amount of Drafts to be accepted (and purchased)accepted; and (iii) the maturity date for such Drafts (it being agreed and understood that Canadian Borrower Canada Safeway shall not request a maturity date for Drafts which would be subsequent to the Commitment Termination Date); and (iv) whether the Acceptances are to be delivered to or to the order of the applicable Borrower or to be purchased by the Canadian Lenders. Neither Canadian Administrative Agent nor any Canadian Lender shall incur any liability to Company or any Borrower in acting on any the telephonic notice referred to above that which Canadian Administrative Agent or such Canadian Lender believes in good faith to have been given by a duly authorized officer or other person authorized to borrow on behalf of Canadian Borrower Canada Safeway or for otherwise acting in good faith under this subsection 2.8Section 4, and upon the creation and purchase or delivery of Bankers' Acceptances pursuant to any such telephonic notice, Canadian Borrower Canada Safeway shall be liable with respect thereto as provided herein. Each Drawing Notice shall be irrevocable and binding on Canadian BorrowerCanada Safeway. Canadian Borrower Canada Safeway shall indemnify each Canadian Lender against any loss or expense incurred by such Canadian Lender as a result of any failure by Canadian Borrower Canada Safeway to fulfill or honor before the applicable Drawing Date date specified for any Drawing, the applicable conditions set forth in this subsection 2.8 Section 4 or subsection 3.4 6.4, if the Drawing, as a result of such failure, the requested Bankers' Acceptances are is not created and/or purchased made on such Drawing Datedate.

Appears in 1 contract

Samples: Credit Agreement (Safeway Inc)

Drawing Notice. Bankers' Acceptances Each Drawing shall be created made on two Business Days' Days prior written notice specified in relation to Acceptances, given not later than 11:00 A.M. 12:00 noon (Toronto time), by Canadian Borrower Canada Safeway to Canadian Administrative Agent, which shall give each Canadian Lender prompt notice thereof and of such Canadian Lender's ’s ratable portion of the aggregate Face Amount of the Drafts to be accepted (and purchased) by such Canadian Lenderunder the Drawing. Each such notice of a Drawing (a "Drawing Notice") shall be given in substantially the form of Exhibit III-B X annexed hereto or by telephone confirmed promptly in writing, containing the same information as would be contained in a Drawing Notice, and shall specify therein (i) the Drawing Date; (ii) the aggregate Face Amount of Drafts to be accepted (and purchased)accepted; and (iii) the maturity date for such Drafts (it being agreed and understood that Canadian Borrower Canada Safeway shall not request a maturity date for Drafts which would be subsequent to the Commitment Termination Date); and (iv) whether the Acceptances are to be delivered to or to the order of the applicable Borrower or to be purchased by the Canadian Lenders. Neither Canadian Administrative Agent nor any Canadian Lender shall incur any liability to Company or any Borrower in acting on any the telephonic notice referred to above that Canadian which Administrative Agent or such Canadian Lender believes in good faith to have been given by a duly authorized officer or other person authorized to borrow on behalf of Canadian Borrower Canada Safeway or for otherwise acting in good faith under this subsection 2.8Section 4, and upon the creation and purchase or delivery of Bankers' Acceptances pursuant to any such telephonic notice, Canadian Borrower Canada Safeway shall be liable with respect thereto as provided herein. Each Drawing Notice shall be irrevocable and binding on Canadian BorrowerCanada Safeway. Canadian Borrower Canada Safeway shall indemnify each Canadian Lender against any loss or expense incurred by such Canadian Lender as a result of any failure by Canadian Borrower Canada Safeway to fulfill or honor before the applicable Drawing Date date specified for any Drawing, the applicable conditions set forth in this subsection 2.8 Section 4 or subsection 3.4 6.4, if the Drawing, as a result of such failure, the requested Bankers' Acceptances are is not created and/or purchased made on such Drawing Datedate.

Appears in 1 contract

Samples: Credit Agreement (Safeway Inc)

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Drawing Notice. Bankers' Acceptances Each Drawing shall be created made on two Business Days' Days prior written notice specified in relation to Acceptances, given not later than 11:00 A.M. 12:00 noon (Toronto time), by Canadian Borrower Canada Safeway to Canadian Administrative Agent, which shall give each Canadian Lender prompt notice thereof and of such Canadian Lender's ratable portion of the aggregate Face Amount of the Drafts to be accepted (and purchased) by such Canadian Lenderunder the Drawing. Each such notice of a Drawing (a "Drawing NoticeDRAWING NOTICE") shall be given in substantially the form of Exhibit III-B XII annexed hereto or by telephone confirmed promptly in writing, containing the same information as would be contained in a Drawing Notice, and shall specify therein (i) the Drawing Date; (ii) the aggregate Face Amount of Drafts to be accepted (and purchased)accepted; and (iii) the maturity date for such Drafts (it being agreed and understood that Canadian Borrower Canada Safeway shall not request a maturity date for Drafts which would be subsequent to the Commitment Tranche A Termination Date or the Tranche B Revolving Termination Date, as the case may be); and (iv) whether the Acceptances are to be delivered to or to the order of the applicable Borrower or to be purchased by the Canadian Lenders. Neither Canadian Administrative Agent nor any Canadian Lender shall incur any liability to Company or any Borrower in acting on any the telephonic notice referred to above that Canadian which Administrative Agent or such Canadian Lender believes in good faith to have been given by a duly authorized officer or other person authorized to borrow on behalf of Canadian Borrower Canada Safeway or for otherwise acting in good faith under this subsection 2.8Section 4, and upon the creation and purchase or delivery of Bankers' Acceptances pursuant to any such telephonic notice, Canadian Borrower Canada Safeway shall be liable with respect thereto as provided herein. Each Drawing Notice shall be irrevocable and binding on Canadian BorrowerCanada Safeway. Canadian Borrower Canada Safeway shall indemnify each Canadian Lender against any loss or expense incurred by such Canadian Lender as a result of any failure by Canadian Borrower Canada Safeway to fulfill or honor before the applicable Drawing Date date specified for any Drawing, the applicable conditions set forth in this subsection 2.8 Section 4 or subsection 3.4 6.4, if the Drawing, as a result of such failure, the requested Bankers' Acceptances are is not created and/or purchased made on such Drawing Datedate.

Appears in 1 contract

Samples: Credit Agreement (Safeway Inc)

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