Facility C Sample Clauses

Facility C. (a) Facility C may only be utilised by way of Letters of Credit. (b) Clause 5 (Utilisation – Loans) does not apply to Utilisations by way of Letters of Credit. (c) In determining the amount of the Available Facility for the purposes of this Agreement, the Available Commitment of a Lender will be calculated ignoring any cash cover or any back-to-back letter of credit provided for outstanding Letters of Credit. (d) The Borrower must use its best endeavours to manage its utilisation of Facility C such that: (i) to the maximum extent practicable, Letters of Credit in respect of any relevant underlying obligation are issued by all Issuing Persons pro rata according to their Commitment under Facility C; and (ii) if it is not possible to comply with paragraph (i), then so that the overall participations in Utilisations under Facility C are distributed among the Lenders according to their Commitment under Facility C.
Facility C. Each Lender agrees to lend to Borrower its Pro Rata Part of one or more Loans under Facility C, which Borrower may borrow, repay and reborrow under this Agreement. Loans under Facility C are subject to the following conditions: (a) Each Loan under Facility C must occur on a Business Day and no later than the Business Day immediately preceding the Facility C Termination Date; (b) Each Loan under Facility C must be in an amount not less than (i) $500,000 or a greater integral multiple of $100,000 (if a Base Rate Loan), or (ii) $5,000,000 or a greater integral multiple of $1,000,000 (if a Eurodollar Loan); and (c) When determined, (i) the Facility C Principal Debt may not exceed the Facility C Commitment, (ii) no Lender's Pro Rata Part of the Facility C Principal Debt may exceed such Lender's Commitment for Facility C, and (iii) the Facility C Principal Debt, when aggregated with the Facility A Commitment Usage and the Facility B Principal Debt, may not exceed the Total Commitment.
Facility C. Subject to the terms of this Agreement, the Lender makes available to the Borrower a US dollar term loan facility in an aggregate amount equal to the Facility C Commitment.
Facility C. Each Lender severally agrees, subject to the terms and conditions of this Agreement, to make a term Loan to the Borrower not to exceed its Facility C Commitment. Such Loan shall be made by way of a single borrowing made on the Closing Date. Any portion of each Lender's Facility C Commitment not utilized by such borrowing on such date shall be permanently canceled.
Facility C. The proceeds of the single Advance made by the Lenders under Facility C was used by LP primarily to indirectly refinance certain term indebtedness of LP.
Facility C. Until the Revolving Credit Termination Date, each Lender agrees, on the terms and conditions set forth in this Agreement, to make loans (each, a "Facility C Loan" and, collectively, the "Facility C Loans") to the Borrowers from time to time in a principal amount requested by either Borrower. The maximum amount of the Facility C Commitment which each Lender agrees to extend to the Borrowers shall be as set forth opposite such Lender's signature hereto under the heading "Facility C Commitment" or as otherwise provided in Section 10.13 hereof, as such amount may be reduced pursuant hereto. The Borrowers may use the Facility C Commitments by borrowing, repaying and reborrowing Facility C Loans in whole or in part as more fully set forth herein, provided that the aggregate principal amount of Facility C Loans outstanding at any one time shall not exceed the Facility C Commitments. The obligations of the Lenders hereunder are several and not joint, and no Lender shall under any circumstances be obligated to extend credit under the Facility C Commitments in excess of its Facility C Commitment. Each Borrowing of Facility C Loans shall be made ratably by the Lenders in accordance with their Facility C Commitments. On each June 15 occurring after the earlier to occur of (i) the date two years after the date hereof and (ii) the date on which the Borrowers shall have borrowed more than 50% of the Facility C Commitments (without giving effect to any repayments thereof), the Borrowers shall repay one-seventh (1/7th) of the original principal amount of each Facility C Loan outstanding on the immediately preceding March 31 with the aggregate principal amount of all Facility C Loans not sooner paid due and payable on the Revolving Credit Termination Date. In order to so repay the Facility C Loans in accordance with clauses (i) and (ii) of the preceding sentence, the Borrowers shall select Eurodollar Interest Periods that end on or before the dates for such payments or have outstanding Domestic Rate Loans in an amount sufficient so that all such required payments may be made on or before the required payment dates through repayments of Domestic Rate Loans or repayments of Eurodollar Loans on the last day of their Interest Periods, without refunding such Eurodollar Loans with new Facility C Loans, and not through repayments of Eurodollar Loans before the last day of their then applicable Interest Periods.
Facility C. Only one Advance has been made available under Facility C. No further Advances are available under Facility C and the principal amount outstanding under Facility C as at the date hereof is US $45,000,000.
Facility C. Facility C shall be governed by the terms of the relevant Ancillary Facilities Letter and this Agreement, save that in the event of any conflict between this Agreement and the relevant Ancillary Facilities Letter (insofar as they relate to matters specifically set out in this Agreement in relation to Facility C) the terms of this Agreement shall prevail. Utilisations may be requested by the Borrower and shall be made by the relevant Facility C Lender in accordance with the terms of the relevant Ancillary Facilities Letter. Reference to “this Agreement” shall, insofar as they relate to Facility C, be deemed to include the relevant Ancillary Facilities Letter.
Facility C. The proceeds of the single Advance made by the Lenders under Facility C shall be used by SunOpta Food Group primarily to lend such amount to LP to facilitate the payment by LP of certain term indebtedness of LP under the Original Agreement.
Facility C. Subject to the terms and conditions hereof, up to and including November 30, 2001, Bank hereby agrees to make such loans (individually, a "Facility C Loan" and collectively, the "Facility C Loans") to Borrowers, jointly and severally, as any of the Borrowers may from time to time request pursuant to Section 3.2. The aggregate principal amount of Facility C Loans which Bank, cumulatively, shall be required to have outstanding hereunder at any one time shall not exceed One Million Dollars ($1,000,000.00) from April 4, 2001 until August 30, 2001 which amount shall be reduced on August 31, 2001 to the new maximum Facility C amount of Seven Hundred Fifty Thousand Dollars ($750,000.00) for the period up to and including September 29, 2001, further reducing on September 30, 2001 to the new maximum Facility C amount of Five Hundred Thousand Dollars ($500,000.00) for the period up to and including October 30, 2001, further reducing on October 31, 2001 to the new maximum Facility C amount of Two Hundred Fifty Thousand Dollars ($250,000.00) for the period up to and including November 29, 2001, with all Facility C Loans to be repaid in full and the Bank's Facility C Commitment to terminate on November 30,