Common use of Notice of Advances and Payments Clause in Contracts

Notice of Advances and Payments. The Borrower shall give the Agent irrevocable written notice, in the form attached as Schedule A to this Agreement, of any request for any Advance to it under the Credits. The Borrower shall also give the Agent irrevocable written notice in the same form of any payment by it (whether resulting from repayment, prepayment, rollover or conversion) of any Advance under the Credits. Notice shall be given on or before the third Business Day (but not earlier than the fifth Business Day) prior to the date of any Advance or payment, except that notice shall be given in respect of an Advance by way of L/C at such earlier time as the Issuing Bank may reasonably require so that it has sufficient time to review the proposed form of L/C, and except that notice in respect of a Prime Rate Advance, Base Rate Advance or payment thereof may be given on the Business Day before any such Advance or payment. Any cancellation of part or all of any Credit shall only be effective on three Business Days' notice as required by Section 5.7. Notices shall be given not later than 1:00 p.m. (Toronto time) on the date for notice. Payments (other than those being made solely from the proceeds of rollovers and conversions) must be made prior to 1:00 p.m. (Toronto time) on the date for payment. If a notice or payment is not given or made by those times, it shall be deemed to have been given or made on the next Business Day, unless all Lenders affected by the late notice or payment agree, in their sole discretion, to accept a notice or payment at a later time as being effective on the date it is given or made.

Appears in 2 contracts

Samples: Assignment Agreement (Norske Skog Canada LTD), Assignment Agreement (Norske Skog Canada LTD)

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Notice of Advances and Payments. The Borrower shall give the Agent irrevocable written notice, in the form attached as Schedule A to this AgreementA, of any request for any Advance to it under the CreditsCredit, except as provided in Sections 4.2 and 4.30. The Borrower shall also give the Agent irrevocable written notice in the same form of any payment by it (whether resulting from repayment, prepayment, rollover or conversion) of any Advance under the CreditsCredit. Notice in respect of a LIBOR Advance or payment thereof shall be given on or before the third Business Day (but not earlier than the fifth Business Day) prior to before the date of any Advance or payment. Notice in respect of an Advance by way of Bankers' Acceptance or payment thereof shall be given on the second Business Day before the date of Advance or payment. Notice in respect of a Prime Rate Advance, except that notice Base Rate Advance or payment thereof shall be given on the Business Day before any such Advance or payment. Notice shall be given in respect of an Advance by way of L/C at such earlier time as the Issuing Bank may reasonably require so that it has sufficient time to review the proposed form of L/C, and except that notice in respect of a Prime Rate Advance, Base Rate Advance or payment thereof may be given on the Business Day before any such Advance or paymentaccordance with Section 4.30. Any cancellation permanent reduction of part or all of any the Credit shall only be effective on three Business Days' notice as required by Section 5.74.6. Notices shall be given not later than 1:00 p.m. (Toronto time) on the date for notice. Payments (other than those being made solely from the proceeds of rollovers and conversions) must be made prior to before 1:00 p.m. (Toronto time) on the date for payment. If a notice or payment is not given or made by those times, it shall be deemed to have been given or made on the next Business Day, unless all Lenders affected by the late notice or payment agree, in their sole discretion, to accept a notice or payment at a later time as being effective on the date it is given or made.

Appears in 1 contract

Samples: Agreement (Rogers Communications Inc)

Notice of Advances and Payments. The Borrower shall give the Agent irrevocable written notice, in the form attached as Schedule A 6.4 to this Agreement, of any request for any Advance to it under the Credits. The Borrower shall also give the Agent irrevocable written notice in the same form of any payment by it (whether resulting from repayment, prepayment, rollover or conversion) of any Advance under the Credits. Notice shall be given on or before the third Business Day (but not earlier than the fifth Business Day) prior to the date of any Advance or paymentAdvance, except that notice shall be given in respect of an Advance by way of L/C at such earlier time not exceeding two Business Days as the Issuing Bank CIBC may reasonably require so that it has sufficient time to review the proposed form of L/C, and except that notice in respect of a Prime Rate Advance, Base Rate Advance or payment thereof may be given on the Business Day before any such Advance or payment. Any cancellation of part or all of any Credit shall only be effective on three Business Days' notice as required by Section 5.7. C. Notices shall be given not later than 1:00 p.m. (Toronto Winnipeg time) on the date for notice. Payments (other than those being made solely from the proceeds of rollovers and conversions) must be made prior to 1:00 p.m. (Toronto Winnipeg time) on the date for payment. If a notice or payment is not given or made by those times, it shall be deemed to have been given or made on the next Business Day, unless all Lenders affected by the late notice or payment agree, in their sole discretion, to accept a notice or payment at a later time as being effective on the date it is given or made.

Appears in 1 contract

Samples: Credit Agreement (Omega Cabinets LTD)

Notice of Advances and Payments. The Borrower shall give the Agent irrevocable written notice, in the form attached as Schedule A to this Agreement, of any request for any Advance to it under the CreditsCredit. The Borrower shall also give the Agent irrevocable written notice in the same form of any payment by it (whether resulting from repayment, prepayment, rollover or conversion) of any Advance under the CreditsCredit. Notice in respect of a LIBOR Advance or payment thereof shall be given on or before the third Business Day (but not earlier than the fifth Business Day) prior to before the date of any Advance or payment, except that notice shall be given . Notice in respect of an Advance by way of L/C at such earlier time as Bankers' Acceptance or payment thereof shall be given on the Issuing Bank may reasonably require so that it has sufficient time to review second Business Day before the proposed form date of L/C, and except that notice Advance or payment. Notice in respect of a Prime Rate Advance, Base Rate Advance or payment thereof may shall be given on the Business Day before any such Advance or payment. Any cancellation permanent reduction of part or all of any the Credit shall only be effective on three Business Days' notice as required by Section 5.74.4. Notices shall be given not later than 1:00 p.m. (Toronto time) on the date for notice. Payments (other than those being made solely from the proceeds of rollovers and conversions) must be made prior to before 1:00 p.m. (Toronto time) on the date for payment. If a notice or payment is not given or made by those times, it shall be deemed to have been given or made on the next Business Day, unless all Lenders affected by the late notice or payment agree, in their sole discretion, to accept a notice or payment at a later time as being effective on the date it is given or made.

Appears in 1 contract

Samples: Credit Agreement (Rogers Communications Inc)

Notice of Advances and Payments. The Borrower shall give the Agent irrevocable written notice, in the form attached as Schedule A to this Agreement, of any request for any Advance to it under the Credits. The Borrower shall also give the Agent irrevocable written notice in the same form of any payment by it (whether resulting from repayment, prepayment, rollover or conversion) of any Advance under the Credits. , other than a scheduled repayment under Term Credit A or Term Credit B. Notice shall be given on or before the third Business Day (but not earlier than the fifth Business Day) prior to the date of any Advance or payment, except that notice shall be given in respect of an Advance by way of L/C at such earlier time as the Issuing Bank may reasonably require so that it has sufficient time to review the proposed form of L/C, and except that notice in respect of a Prime Rate Advance, Base Rate Advance, US Prime Rate Advance or payment thereof may be given on the Business Day before any such Advance or payment. Any cancellation of part or all of any Credit shall only be effective on three Business Days' notice as required by Section 5.78.7. Notices shall be given not later than 1:00 p.m. (Toronto time) on the date for notice. Payments (other than those being made solely from the proceeds of rollovers and conversions) must be made prior to 1:00 p.m. (Toronto time) on the date for payment. If a notice or payment is not given or made by those times, it shall be deemed to have been given or made on the next Business Day, unless all Lenders affected by the late notice or payment agree, in their sole discretion, to accept a notice or payment at a later time as being effective on the date it is given or made.

Appears in 1 contract

Samples: Assignment Agreement (Norske Skog Canada LTD)

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Notice of Advances and Payments. The Borrower shall give the Agent Lender irrevocable written notice, in the form attached as Schedule A Error! Reference source not found. to this Agreement, of any request for any Advance to it under the CreditsCredit. The Borrower shall also give the Agent Lender irrevocable written notice in the same form of any payment by it (whether resulting from repayment, prepayment, rollover or conversion) of any Advance under the CreditsCredit. Notice shall be given on or before the third Business Day (but not earlier than the fifth Business Day) prior to before the date of any Advance or payment, except that notice shall be given in respect of a Silver Advance on the 14th day before the date of the Advance and notice shall be given in respect of an Advance by way of L/C at such earlier time as the Issuing Bank Lender may reasonably require so that it has sufficient time to review the proposed form of L/C, and except that notice in respect of a Prime Rate Advance, Base Rate Advance or payment thereof may be given on the Business Day before any such Advance or payment. Any cancellation of part or all of any Credit shall only be effective on three Business Days' notice as required by Section 5.7. C. Notices shall be given not later than 1:00 p.m. 11:00 a.m. (Toronto time) on the date for notice. Payments (other than those being made solely from the proceeds of rollovers and conversions) must be made prior to 1:00 p.m. before 11:00 a.m. (Toronto time) on the date for payment. If a notice or payment is not given or made by those times, it shall be deemed to have been given or made on the next Business Day, unless all Lenders affected by the late notice or payment agreeLender agrees, in their its sole discretion, to accept a notice or payment at a later time as being effective on the date it is given or made.

Appears in 1 contract

Samples: Credit Agreement (Glamis Gold LTD)

Notice of Advances and Payments. The Borrower shall give the Agent irrevocable written notice, in the form attached as Schedule A to this AgreementA, of any request for any Advance to it under the CreditsCredit, except as provided in Sections 4.2 and 4.28. The Borrower shall also give the Agent irrevocable written notice in the same form of any payment by it (whether resulting from repayment, prepayment, rollover or conversion) of any Advance under the CreditsCredit. Notice in respect of a LIBOR Advance or payment thereof shall be given on or before the third Business Day (but not earlier than the fifth Business Day) prior to before the date of any Advance or payment. Notice in respect of an Advance by way of Bankers’ Acceptance or payment thereof shall be given on the second Business Day before the date of Advance or payment. Notice in respect of a Prime Rate Advance, except that notice Base Rate Advance or payment thereof shall be given on the Business Day before any such Advance or payment. Notice shall be given in respect of an Advance by way of L/C at such earlier time as the Issuing Bank may reasonably require so that it has sufficient time to review the proposed form of L/C, and except that notice in respect of a Prime Rate Advance, Base Rate Advance or payment thereof may be given on the Business Day before any such Advance or paymentaccordance with Section 4.28. Any cancellation permanent reduction of part or all of any the Credit shall only be effective on three Business Days' notice as required by Section 5.74.6. Notices shall be given not later than 1:00 p.m. (Toronto time) on the date for notice. Payments (other than those being made solely from the proceeds of rollovers and conversions) must be made prior to before 1:00 p.m. (Toronto time) on the date for payment. If a notice or payment is not given or made by those times, it shall be deemed to have been given or made on the next Business Day, unless all Lenders affected by the late notice or payment agree, in their sole discretion, to accept a notice or payment at a later time as being effective on the date it is given or made.

Appears in 1 contract

Samples: Assignment and Assumption (Rogers Communications Inc)

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