Facility E Commitment. Relying on each of the representations and warranties set out in ARTICLE 2 and subject to the terms of this Agreement, each Lender, severally and not jointly, (i) has made available the drawn portion of its Facility E Commitment prior to the date hereof and (ii) agrees to make available its Facility E Available Commitment to the Canadian Borrower, on a non-revolving basis, on the date hereof: 7.1.1.1 in CDollars by way of Canadian Rate Advances; and 7.1.1.2 in CDollars by way of Acceptance of Bankers’ Acceptances or, as the case may be, BA Equivalent Advances; provided that a Lender shall have no obligation (a) to make any Facility E Advance after the Facility E Termination Date; or (b) to make any Facility E Advance if at any time the amount thereof exceeds its then Facility E Available Commitment; or (c) to make any Advance, Conversion Advance or Rollover Advance under Facility E Credit at any time that a Default or an Event of Default has occurred and is continuing (without having been cured or waived as provided in this Agreement).
Appears in 2 contracts
Sources: Credit Agreement (GFL Environmental Inc.), Credit Agreement (GFL Environmental Inc.)