Common use of Payments - General Clause in Contracts

Payments - General. (a) Unless expressly provided otherwise under this Agreement, all payments of principal, interest, fees and other Obligations owing from time to time by the Borrower to the Agent and the Lenders under this Agreement shall be made in immediately available, freely transferable same day funds in the currency in which the related Advance is outstanding (or in Canadian Dollars if such payment does not relate to any Advance) by deposit or transfer to the appropriate Designated Account in the appropriate currency by no later than noon (Calgary time) on the relevant date for payment. All payments received after noon (Calgary time) shall be deemed to be received on the next following Business Day. (b) Except as otherwise provided herein, all payments made by the Borrower under this Agreement, whether principal, interest, fees or other Obligations, shall be made to the Agent, and the Agent shall receive those payments for and on behalf of the Lenders for distribution to the Lenders in accordance with the terms of this Agreement. (c) The Borrower authorizes and directs the Agent (for so long as BNS is the Agent), in its discretion, to automatically debit, by mechanical, electronic or manual means, the appropriate Designated Account or any other of the Borrower’s Accounts for all payments of principal, interest, fees and other Obligations owing from time to time hereunder (including, for greater certainty, all charges for the keeping of the Designated Account or any other of the Borrower’s Accounts). (d) The Borrower shall make all payments required hereunder, whether by way of principal, interest, fees, expenses or otherwise, without regard to any defence, counterclaim or right of set off available to the Borrower. (e) Unless otherwise specifically provided for herein, if any payment required hereunder shall become due and payable on a day which is not a Business Day, such payment shall be made on the next following Business Day and any extension of time shall in such case be included in computing interest payable hereunder relating to such payment. (f) A repayment or prepayment of a LIBOR Loan may occur only on the last day of the relevant LIBOR Period for such LIBOR Loan (unless the Borrower pays LIBOR breakage costs to the Lenders in accordance with Section 6.5). (g) A repayment or prepayment of a Bankers’ Acceptance may occur only on the maturity date for such Bankers’ Acceptance.

Appears in 2 contracts

Sources: Syndicated Credit Agreement (Advantage Oil & Gas Ltd.), Syndicated Credit Agreement (Advantage Oil & Gas Ltd.)

Payments - General. (a) Unless expressly provided otherwise under this Agreement, all All payments of principal, interest, fees and other Obligations amounts owing from time to time by the Borrower to the Agent and the Lenders under pursuant to this Agreement shall be made in immediately available, freely transferable same day funds in the currency in which the related Advance is outstanding (or in Canadian Cdn. Dollars if such payment does not relate to any Advance) by deposit or transfer to the appropriate Designated Account in the appropriate currency by no later than noon (Calgary time) on the relevant date for payment. All payments received after noon (Calgary time) shall be deemed to be received on the next following Business Day). (b) Except as otherwise provided herein, all payments made by the Borrower under this Agreement, whether principal, interest, fees or other Obligations, shall be made to the Agent, and the Agent shall receive those payments for and on behalf of the Lenders for distribution to the Lenders in accordance with the terms of this Agreement. (c) The Borrower authorizes and directs the Agent (for so long as BNS is the Agent), in its discretion, to automatically debit, by mechanical, electronic or manual means, the appropriate Designated Account or any other of debit the Borrower’s Accounts for all payments amounts payable by the Borrower under this Agreement, including the repayment of principal, interest, principal and the payment of interest and fees and other Obligations owing from time to time hereunder (including, for greater certainty, all charges agreed to by the Borrower for the keeping of the Designated Account or any other maintaining of the Borrower’s Accounts); provided that the Agent shall, at least one Banking Day prior to making any such debit, inform the Borrower of the amount thereof and provide reasonable details of the calculation thereof. (c) All payments by the Borrower hereunder shall be made in same day funds. (d) The Borrower shall make all payments required hereunder, whether by way of principal, interest, fees, expenses interest or otherwise, without regard to any defence, counterclaim or right of set set-off available to the Borrower. (e) Unless otherwise specifically provided for herein, if any payment required hereunder shall become due and payable on a day which is not a Business Banking Day, such payment shall be made on the next following Business Banking Day and any extension of time shall in such case be included in computing interest payable hereunder relating to such payment. (f) A repayment or prepayment of a LIBOR Loan may occur only on the last day of the relevant LIBOR Period for such LIBOR Loan (unless early termination of such LIBOR Loan can be effected by the Lenders and the Borrower pays LIBOR breakage costs to the Lenders in accordance with Section 6.513.2). (g) A repayment or prepayment of a Bankers’ Acceptance BA Issue may occur only on the maturity date for such Bankers’ AcceptanceBA Issue. (h) A repayment or prepayment of an LC Issue may occur only on the expiration date of the relevant Letters of Credit or if the relevant Letters of Credit are returned for cancellation.

Appears in 2 contracts

Sources: Credit Agreement (Nova Chemicals Corp /New), Credit Agreement (Nova Chemicals Corp /New)

Payments - General. (a) Unless expressly provided otherwise under this Agreement, all All payments of principal, interest, fees and other Obligations owing from time amounts to time be made by the Borrower pursuant to the Agent and the Lenders under this Agreement shall be made in immediately availableunconditionally and without set-off, freely transferable same day funds defence, counterclaim or other reduction of any type, in the currency in which the related Advance Loan is outstanding (or in Canadian Dollars if for value on the day such payment does not relate to any Advance) amount is due, by deposit or transfer thereof to the appropriate Designated Account Agent’s Accounts (in the appropriate currency case of payments under the Revolving Facility or the Term Loan Facility) or the account designated by the Operating Lender (in the case of payments under the Operating Facility). Notwithstanding anything to the contrary expressed or implied in this Agreement, the receipt by the Agent in accordance with this Agreement of any payment made by the Borrower for the account of any of the Lenders shall, insofar as the Borrower’s obligations to the relevant Lenders are concerned, be deemed also to be receipt by such Lenders and the Borrower shall have no later than noon (Calgary time) liability in respect of any failure or delay on the part of the Agent in disbursing and/or accounting to the relevant date for payment. All payments received after noon (Calgary time) shall be deemed to be received on the next following Business DayLenders in regard thereto. (b) Except as otherwise provided herein, all All payments made by the Borrower under this Agreement, whether of principal, interest, fees or other Obligations, amounts to be made by the Agent to the Lenders pursuant to this Agreement shall be made for value on the day required hereunder, provided that the Agent receives funds from the Borrower for value on such day, by deposit or transfer thereof at the time specified herein to the Agent, and account of each Lender designated by such Lender to the Agent shall receive those payments for and on behalf of such purpose or to such other place or account as the Lenders for distribution may from time to time notify the Lenders in accordance with the terms of this AgreementAgent. (c) The Borrower authorizes and directs the Agent (for so long as BNS is the Agent), in its discretion, to automatically debit, by mechanical, electronic or manual means, the appropriate Designated Account or any other of debit the Borrower’s Accounts for all payments amounts payable by the Borrower under this Agreement, including the repayment of principal, interest, principal and the payment of interest and fees and other Obligations owing from time to time hereunder (including, for greater certainty, all charges agreed to by the Borrower for the keeping of the Designated Account or any other maintaining of the Borrower’s Accounts). The Agent shall, as soon as is practical after making any such debit, inform the Borrower of the amount thereof and provide reasonable details of the calculation thereof. (d) The Borrower shall make all payments required hereunder, whether by way of principal, interest, fees, expenses or otherwise, without regard to any defence, counterclaim or right of set off available to the Borrower. (e) Unless otherwise specifically provided for herein, if any payment required hereunder shall become due and payable on a day which is not a Business Banking Day, such payment shall be made on the next following Business Banking Day and any extension of time shall in such case be included in computing interest payable hereunder relating to such payment. (f) A repayment or prepayment of a LIBOR Loan may occur only on the last day of the relevant LIBOR Period for such LIBOR Loan (unless the Borrower pays LIBOR breakage costs to the Lenders in accordance with Section 6.5). (g) A repayment or prepayment of a Bankers’ Acceptance may occur only on the maturity date for such Bankers’ Acceptance.

Appears in 2 contracts

Sources: Credit Agreement (SemGroup Corp), Credit Agreement (SemGroup Corp)

Payments - General. (a) Unless expressly provided otherwise under this Agreement, all payments of principal, interest, fees and other Obligations owing from time to time by the Borrower to the Agent and the Lenders under this Agreement shall be made in immediately available, freely transferable same day funds in the currency in which the related Advance is outstanding (or in Canadian Dollars if such payment does not relate to any Advance) by deposit or transfer to the appropriate Designated Account in the appropriate currency by no later than noon (Calgary time) on the relevant date for payment. All payments received after noon (Calgary time) shall be deemed to be received on the next following Business Day. (b) Except as otherwise provided herein, all payments made by the Borrower under this Agreement, whether principal, interest, fees or other Obligations, shall be made to the Agent, and the Agent shall receive those payments for and on behalf of the Lenders for distribution to the Lenders in accordance with the terms of this Agreement. (c) The Borrower authorizes and directs the Agent (for so long as BNS is the Agent), in its discretion, to automatically debit, by mechanical, electronic or manual means, the appropriate Designated Account or any other of the Borrower’s Accounts for all payments of principal, interest, fees and other Obligations owing from time to time hereunder (including, for greater certainty, all charges for the keeping of the Designated Account or any other of the Borrower’s Accounts). (d) The Borrower shall make all payments required hereunder, whether by way of principal, interest, fees, expenses or otherwise, without regard to any defence, counterclaim or right of set off available to the Borrower. (e) Unless otherwise specifically provided for herein, if any payment required hereunder shall become due and payable on a day which is not a Business Day, such payment shall be made on the next following Business Day and any extension of time shall in such case be included in computing interest payable hereunder relating to such payment. (f) A repayment or prepayment of a LIBOR Loan may occur only on the last day of the relevant LIBOR Period for such LIBOR Loan (unless the Borrower pays LIBOR breakage costs to the Lenders in accordance with Section 6.57.5). (g) A repayment or prepayment of a Bankers’ Acceptance may occur only on the maturity date for such Bankers’ Acceptance. (h) A repayment or prepayment of Letter of Credit may only occur if such Letter of Credit is returned to the Operating Lender for cancellation or if it is cash collateralized in accordance with Section 5.7.

Appears in 1 contract

Sources: Syndicated Credit Agreement (Advantage Oil & Gas Ltd.)

Payments - General. (a) Unless expressly provided otherwise under this AgreementExcept for fees and interest pursuant to Section 4.5(b) (which are payable to the Fronting Lender for its own account) and principal and interest for Swing Line Advances (which are payable to the Swing Line Lender for its own account), all payments of principal, interest, fees and other Obligations owing from time amounts to time be made by the Borrower to the Agent and the Lenders under pursuant to this Agreement shall be made in immediately availableto the Agent (for, freely transferable same day funds as applicable, the account of the Lenders or its own account) in the currency in which the related Advance Loan is outstanding (or in Canadian Dollars for value on the day such amount is due, and if such payment does day is not relate to any Advance) a Banking Day on the Banking Day next following, by deposit or transfer thereof to the appropriate Designated Account accounts of the Agent maintained at the Agent’s Branch and designated by the Agent for such purpose or at such other place as the Borrower and the Agent may from time to time agree. Notwithstanding anything to the contrary expressed or implied in this Agreement, the appropriate currency receipt by the Agent in accordance with this Agreement of any payment made by the Borrower for the account of any of the Lenders shall, insofar as the Borrower’s obligations to the relevant Lenders are concerned, be deemed also to be receipt by such Lenders and the Borrower shall have no later than noon (Calgary time) liability in respect of any failure or delay on the part of the Agent in disbursing and/or accounting to the relevant date for payment. All payments received after noon (Calgary time) shall be deemed to be received on the next following Business DayLenders in regard thereto. (b) Except as otherwise provided herein, all All payments made by the Borrower under this Agreement, whether of principal, interest, fees or other Obligations, amounts to be made by the Agent to the Lenders pursuant to this Agreement shall be made for value on the day required hereunder, provided the Agent receives funds from the Borrower for value on such day, and if such funds are not so received from the Borrower or if such day is not a Banking Day, on the Banking Day next following, by deposit or transfer thereof at the time specified herein to the Agent, and account of each Lender designated by such Lender to the Agent shall receive those payments for and on behalf of such purpose or to such other place or account as the Lenders for distribution may from time to time notify the Lenders in accordance with the terms of this AgreementAgent. (c) The Borrower authorizes and directs the Agent (for so long as BNS is the Agent), in its discretion, to automatically debit, by mechanical, electronic or manual means, the appropriate Designated Account or any other of debit the Borrower’s Accounts for all payments amounts payable by the Borrower under this Agreement, including the repayment of principal, interest, principal and the payment of interest and fees and other Obligations owing from time to time hereunder (including, for greater certainty, all charges agreed to by the Borrower for the keeping of the Designated Account or any other maintaining of the Borrower’s Accounts). The Agent shall, as soon as is practical after making any such debit, inform the Borrower of the amount thereof and provide reasonable details of the calculation thereof. (d) The Borrower shall make all payments required hereunder, whether by way of principal, interest, fees, expenses interest or otherwise, without regard to any defence, counterclaim or right of set set-off available to the BorrowerBorrower and without withholding any Taxes (excluding Taxes imposed on the income or capital of the Agent or any Lender). If the Borrower is required by Applicable Law to deduct any withholding Taxes (excluding Taxes imposed on the income or capital of the Agent or any Lender) from or in respect of any amounts payable under this Agreement (i) the amounts payable by the Borrower hereunder will be increased by the amount necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Section 7.5(d)) the Agent and the Lenders will receive an amount equal to the sum they would have received had no such deductions been made, (ii) the Borrower will make such deductions and (iii) the Borrower will pay the full amount deducted to the relevant taxing authority or other Governmental Authority in accordance with Applicable Law. Notwithstanding the foregoing, unless a Lender is an assignee in circumstances where an Event of Default has occurred and is continuing, the Borrower shall have no obligation to gross-up or indemnify for Taxes withheld or deducted solely because a Lender is a non-resident of Canada within the meaning of the Income Tax Act (Canada). (e) Unless otherwise specifically provided for herein, if any payment required hereunder shall become due and payable on a day which is not a Business Banking Day, such payment shall be made on the next following Business Banking Day and any extension of time shall in such case be included in computing interest payable hereunder relating to such payment. (f) A repayment or prepayment of a LIBOR Loan may occur only on the last day of the relevant LIBOR Period for such LIBOR Loan (unless the Borrower pays LIBOR breakage costs to the Lenders in accordance with Section 6.5). (g) A repayment or prepayment of a Bankers’ Acceptance may occur only on the maturity date for such Bankers’ Acceptance.

Appears in 1 contract

Sources: Credit Agreement (North American Energy Partners Inc.)

Payments - General. (a) Unless expressly provided otherwise In anticipation of any repayment or prepayment of any Loan under this Agreementa Credit Facility, all the Borrower shall deliver to the Agent or the Operating Facility Lender, as applicable, a Notice of Rollover/Conversion/Repayment with the same prior notice that would apply if the Borrower was obtaining a Drawdown of such Loan. (b) All payments of principal, interest, fees and other Obligations amounts owing from time to time by the Borrower to the Agent and the Lenders under pursuant to this Agreement shall be made in immediately available, freely transferable same day funds in the currency in which the related Advance Loan is outstanding (or in Canadian Cdn. Dollars if such payment does not relate to any AdvanceLoan) by deposit or transfer to from the appropriate Designated Account in the appropriate currency by Borrower’s Accounts no later than noon (Calgary time) on the relevant date for payment. All payments Any payment received after noon (Calgary time) shall be deemed to be received on the next following Business Banking Day. (b) Except as otherwise provided herein, all payments made by the Borrower under this Agreement, whether principal, interest, fees or other Obligations, shall be made to the Agent, and the Agent shall receive those payments for and on behalf of the Lenders for distribution to the Lenders in accordance with the terms of this Agreement. (c) The Borrower authorizes and directs the Agent and the Operating Facility Lender (for so long as BNS is the Agent), in its discretion, applicable) to automatically debit, by mechanical, electronic or manual means, the appropriate Designated Account or any other of debit the Borrower’s Accounts for all payments amounts payable by the Borrower under this Agreement, including the repayment of principal, interest, principal and the payment of interest and fees and other Obligations owing from time to time hereunder (including, for greater certainty, all charges agreed to by the Borrower for the keeping of the Designated Account or any other maintaining of the Borrower’s Accounts), and to credit the Borrower’s Accounts for amounts, if any, to be repaid to the Borrower by the Lenders under this Agreement. The Agent shall, as soon as is practical after making any such debit or credit, inform the Borrower of the amount thereof and provide reasonable details of the calculation thereof. (d) All payments by the Borrower hereunder shall be made in immediately available freely transferable funds. (e) The Borrower shall make all payments required hereunder, whether by way of principal, interest, fees, expenses interest or otherwise, without regard to any defence, counterclaim or right of set off available to the BorrowerBorrower and without withholding any Taxes. If the Borrower is required by Law to deduct any withholding Taxes from or in respect of any amounts payable under this Agreement (i) the amounts payable by the Borrower hereunder will be increased by the amount necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Section 6.2(e)) the Agent and the Lenders will receive an amount equal to the sum they would have received had no such deductions been made, (ii) the Borrower will make such deductions and (iii) the Borrower will pay the full amount deducted to the relevant taxing authority or other Governmental Authority in accordance with applicable Law. Notwithstanding the foregoing, unless a Lender is an assignee in the circumstances contemplated in Section 15.2, the Borrower shall have no obligation to gross up for Taxes withheld wholly because a Lender is a non resident of Canada within the meaning of the Income Tax Act (Canada). (ef) Unless otherwise specifically provided for herein, if any payment required hereunder shall become due and payable on a day which is not a Business Banking Day, such payment shall be made on the next following Business Banking Day and any extension of time shall in such case be included in computing interest payable hereunder relating to such payment. (fg) A repayment or prepayment of a LIBOR Loan may occur only on the last day of the relevant LIBOR Period for such LIBOR Loan (unless the Borrower pays LIBOR breakage costs to the Lenders in accordance with Section 6.513.2). (gh) A repayment or prepayment of a Bankers’ Acceptance BA Issue may occur only on the maturity date for such Bankers’ AcceptanceBA Issue.

Appears in 1 contract

Sources: Credit Agreement (Bellatrix Exploration Ltd.)

Payments - General. (a) Unless expressly provided otherwise under this Agreement, all All payments of principal, interest, fees and other Obligations owing amounts to be made by the Borrower pursuant to this Agreement shall be made unconditionally and without set off, defense, counterclaim or other reduction of any type, in Canadian Dollars for value on the day such amount is due, and if such day is not a Banking Day, on the Banking Day next following, by deposit or transfer thereof to the Agent’s Accounts in the proportions set out in the definition of such term in Section 1.1 (or such other proportions as may be specified in writing from time to time by the Borrower Agent to the Borrower). Notwithstanding anything to the contrary expressed or implied in this Agreement, the receipt by the Agent in accordance with this Agreement of any payment made by the Borrower for the account of any of the Lenders shall, insofar as the Borrower’s obligations to the relevant Lenders are concerned, be deemed also to be receipt by such Lenders and the Lenders under this Agreement Borrower shall be made have no liability in immediately available, freely transferable same day funds respect of any failure or delay on the part of the Agent in the currency in which the related Advance is outstanding (or in Canadian Dollars if such payment does not relate to any Advance) by deposit or transfer disbursing and/or accounting to the appropriate Designated Account relevant Lenders in the appropriate currency by no later than noon (Calgary time) on the relevant date for payment. All payments received after noon (Calgary time) shall be deemed to be received on the next following Business Dayregard thereto. (b) Except as otherwise provided herein, all All payments made by the Borrower under this Agreement, whether of principal, interest, fees or other Obligations, amounts to be made by the Agent to the Lenders pursuant to this Agreement shall be made for value on the day required hereunder, provided the Agent receives funds from the Borrower for value on such day, by deposit or transfer thereof at the time specified herein to the Agent, and account of each Lender designated by such Lender to the Agent shall receive those payments for and on behalf of such purpose or to such other place or account as the Lenders for distribution may from time to time notify the Lenders in accordance with the terms of this AgreementAgent. (c) The Borrower authorizes and directs the Agent (for so long as BNS is the Agent), in its discretion, to automatically debit, by mechanical, electronic or manual means, the appropriate Designated Account or any other of the Borrower’s Accounts for all payments of principal, interest, fees and other Obligations owing from time to time hereunder (including, for greater certainty, all charges for the keeping of the Designated Account or any other of the Borrower’s Accounts). (d) The Borrower shall make all payments required hereunder, whether by way of principal, interest, fees, expenses or otherwise, without regard to any defence, counterclaim or right of set off available to the Borrower. (e) Unless otherwise specifically provided for herein, if any payment required hereunder shall become due and payable on a day which is not a Business Banking Day, such payment shall be made on the next following Business Banking Day and any extension of time shall in such case be included in computing interest payable hereunder relating to such payment. (f) A repayment or prepayment of a LIBOR Loan may occur only on the last day of the relevant LIBOR Period for such LIBOR Loan (unless the Borrower pays LIBOR breakage costs to the Lenders in accordance with Section 6.5). (g) A repayment or prepayment of a Bankers’ Acceptance may occur only on the maturity date for such Bankers’ Acceptance.

Appears in 1 contract

Sources: Credit Agreement

Payments - General. (a) Unless expressly provided otherwise under this Agreement, all payments of principal, interest, fees and other Obligations owing from time to time by the Borrower to the Agent and the Lenders under this Agreement shall be made in immediately available, freely transferable same day funds in the currency in which the related Advance is outstanding (or in Canadian Dollars if such payment does not relate to any Advance) by deposit or transfer to the appropriate Designated Account in the appropriate currency by no later than noon (Calgary time) on the relevant date for payment. All payments received after noon (Calgary time) shall be deemed to be received on the next following Business Day. (b) Except as otherwise provided herein, all payments made by the Borrower under this Agreement, whether principal, interest, fees or other Obligations, shall be made to the Agent, and the Agent shall receive those payments for and on behalf of the Lenders for distribution to the Lenders in accordance with the terms of this Agreement. (c) The Borrower authorizes and directs the Agent (for so long as BNS is the Agent), in its discretion, to automatically debit, by mechanical, electronic or manual means, the appropriate Designated Account or any other of the Borrower’s 's Accounts for all payments of principal, interest, fees and other Obligations owing from time to time hereunder (including, for greater certainty, all charges for the keeping of the Designated Account or any other of the Borrower’s 's Accounts). (d) The Borrower shall make all payments required hereunder, whether by way of principal, interest, fees, expenses or otherwise, without regard to any defence, counterclaim or right of set off available to the Borrower. (e) Unless otherwise specifically provided for herein, if any payment required hereunder shall become due and payable on a day which is not a Business Day, such payment shall be made on the next following Business Day and any extension of time shall in such case be included in computing interest payable hereunder relating to such payment. (f) A repayment or prepayment of a LIBOR Loan may occur only on the last day of the relevant LIBOR Period for such LIBOR Loan (unless the Borrower pays LIBOR breakage costs to the Lenders in accordance with Section 6.5). (g) A repayment or prepayment of a Bankers' Acceptance may occur only on the maturity date for such Bankers' Acceptance.

Appears in 1 contract

Sources: Syndicated Credit Agreement (Enterra Energy Trust)

Payments - General. (a) Unless expressly provided otherwise In anticipation of any repayment or prepayment of any Loan under this Agreementa Credit Facility, all the Borrower shall deliver to the Agent or the Operating Facility Lender, as applicable, a Notice of Rollover/Conversion/Repayment with the same prior notice that would apply if the Borrower was obtaining a Drawdown of such Loan. (b) All payments of principal, interest, fees and other Obligations amounts owing from time to time by the Borrower to the Agent and the Lenders under pursuant to this Agreement shall be made in immediately available, freely transferable same day funds in the currency in which the related Advance Loan is outstanding (or in Canadian Cdn. Dollars if such payment does not relate to any AdvanceLoan) by deposit or transfer to from the appropriate Designated Account in the appropriate currency by Borrower's Accounts no later than noon (Calgary time) on the relevant date for payment. All payments Any payment received after noon (Calgary time) shall be deemed to be received on the next following Business Banking Day. (b) Except as otherwise provided herein, all payments made by the Borrower under this Agreement, whether principal, interest, fees or other Obligations, shall be made to the Agent, and the Agent shall receive those payments for and on behalf of the Lenders for distribution to the Lenders in accordance with the terms of this Agreement. (c) The Borrower authorizes and directs the Agent and the Operating Facility Lender (for so long as BNS is the Agent), in its discretion, applicable) to automatically debitdebit the Borrower's Accounts for all amounts payable by the Borrower under this Agreement, including the repayment of principal and the payment of interest and fees and all charges agreed to by mechanical, electronic or manual means, the appropriate Designated Account or any other Borrower for the maintaining of the Borrower’s 's Accounts, and to credit the Borrower's Accounts for all payments of principalamounts, interestif any, fees and other Obligations owing from time to time hereunder (includingbe repaid to the Borrower by the Lenders under this Agreement. The Agent shall, for greater certaintyas soon as is practical after making any such debit or credit, all charges for inform the keeping Borrower of the Designated Account or any other amount thereof and provide reasonable details of the Borrower’s Accounts)calculation thereof. (d) All payments by the Borrower hereunder shall be made in immediately available freely transferable funds. (e) The Borrower shall make all payments required hereunder, whether by way of principal, interest, fees, expenses interest or otherwise, without regard to any defence, counterclaim or right of set off available to the BorrowerBorrower and without withholding any Taxes. If the Borrower is required by Law to deduct any withholding Taxes from or in respect of any amounts payable under this Agreement (i) the amounts payable by the Borrower hereunder will be increased by the amount necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Section 6.2(e)) the Agent and the Lenders will receive an amount equal to the sum they would have received had no such deductions been made, (ii) the Borrower will make such deductions and (iii) the Borrower will pay the full amount deducted to the relevant taxing authority or other Governmental Authority in accordance with applicable Law. Notwithstanding the foregoing, unless a Lender is an assignee in the circumstances contemplated in Section 15.2, the Borrower shall have no obligation to gross up for Taxes withheld wholly because a Lender is a non resident of Canada within the meaning of the Income Tax Act (Canada). (ef) Unless otherwise specifically provided for herein, if any payment required hereunder shall become due and payable on a day which is not a Business Banking Day, such payment shall be made on the next following Business Banking Day and any extension of time shall in such case be included in computing interest payable hereunder relating to such payment. (fg) A repayment or prepayment of a LIBOR Loan may occur only on the last day of the relevant LIBOR Period for such LIBOR Loan (unless the Borrower pays LIBOR breakage costs to the Lenders in accordance with Section 6.513.2). (gh) A repayment or prepayment of a Bankers’ Acceptance BA Issue may occur only on the maturity date for such Bankers’ AcceptanceBA Issue.

Appears in 1 contract

Sources: Credit Agreement (Bellatrix Exploration Ltd.)

Payments - General. (a) Unless expressly provided otherwise In anticipation of any repayment or prepayment of any Loan under this Agreementthe Facility, all payments of principal, interest, fees and other Obligations owing from time to time by the Borrower shall deliver to the Agent and a Notice of Rollover/Conversion/Repayment with the Lenders under this Agreement shall be made in immediately available, freely transferable same day funds in prior notice that would apply if the currency in which the related Advance is outstanding (Borrower was making a Rollover or in Canadian Dollars if Conversion of such payment does not relate to any Advance) by deposit or transfer to the appropriate Designated Account in the appropriate currency by no later than noon (Calgary time) on the relevant date for payment. All payments received after noon (Calgary time) shall be deemed to be received on the next following Business DayLoan. (b) Except as otherwise provided herein, all payments made by the Borrower under this Agreement, whether principal, interest, fees or other Obligations, shall be made to the Agent, and the Agent shall receive those payments for and on behalf of the Lenders for distribution to the Lenders in accordance with the terms of this Agreement. (c) The Borrower authorizes and directs the Agent (for so long as BNS is the Agent), in its discretion, to automatically debitdebit the applicable Borrower's Accounts for all amounts payable by the Borrower under this Agreement when due, including the repayment of principal and the payment of interest and fees and all charges agreed to by mechanical, electronic or manual means, the appropriate Designated Account or any other Borrower for the maintaining of the Borrower’s 's Accounts, and to credit the Borrower's Accounts for all payments of principalamounts, interestif any, fees and other Obligations owing from time to time hereunder (includingbe repaid to the Borrower by the Lenders under this Agreement. The Agent shall, for greater certaintyas soon as is practical after making any such debit or credit, all charges for inform the keeping Borrower of the Designated Account or any other amount thereof and provide reasonable details of the Borrower’s Accounts)calculation thereof. (c) All payments by the Borrower hereunder shall be made in immediately available freely transferable funds. (d) The Borrower shall make all payments required hereunder, whether by way of principal, interest, fees, expenses interest or otherwise, without regard to any defence, counterclaim or right of set set-off available to the Borrower and without withholding any Taxes. If the Borrower is required by Law to deduct any withholding Taxes from or in respect of any amounts payable under this Agreement (i) the amounts payable by the Borrower hereunder will be increased by the amount necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Section 6.2(d)) the Agent and the Lenders will receive an amount equal to the sum they would have received had no such deductions been made, (ii) the Borrower will make such deductions and (iii) the Borrower will pay the full amount deducted to the relevant taxing authority or other Governmental Authority in accordance with applicable Law. Notwithstanding the foregoing, unless a Lender is an assignee in the circumstances contemplated in Section 15.2, the Borrower shall have no obligation to gross-up for Taxes withheld wholly because a Lender is a non-resident of Canada within the meaning of the Income Tax Act (Canada). (e) The obligation of the Borrower to make all payments required hereunder shall be absolute and unconditional and shall not be limited or affected by any circumstance, including, without limitation, any insolvency, bankruptcy, reorganization or similar proceedings by or against the Borrower. (ef) Unless otherwise specifically provided for herein, if any payment required hereunder shall become due and payable on a day which is not a Business Banking Day, such payment shall be made on the next following Business Banking Day and any extension of time shall in such case be included in computing interest payable hereunder relating to such payment. (f) A repayment or prepayment of a LIBOR Loan may occur only on the last day of the relevant LIBOR Period for such LIBOR Loan (unless the Borrower pays LIBOR breakage costs to the Lenders in accordance with Section 6.5). (g) A repayment or prepayment of a Bankers’ Acceptance BA Issue may occur only on the maturity date for such Bankers’ AcceptanceBA Issue.

Appears in 1 contract

Sources: Credit Agreement (Baytex Energy Corp.)

Payments - General. (a) Unless expressly provided otherwise In anticipation of any repayment or prepayment of any Loan under this Agreementa Credit Facility, all the Borrower shall deliver to the Agent or the Operating Facility Lender, as applicable, a Notice of Rollover/Conversion/Repayment with the same prior notice that would apply if the Borrower was obtaining a Drawdown of such Loan. (b) All payments of principal, interest, fees and other Obligations amounts owing from time to time by the Borrower to the Agent and the Lenders under pursuant to this Agreement shall be made in immediately available, freely transferable same day funds in the currency in which the related Advance Loan is outstanding (or in Canadian Cdn. Dollars if such payment does not relate to any AdvanceLoan) by deposit or transfer to from the appropriate Designated Account in the appropriate currency by Borrower’s Accounts no later than noon (Calgary time) on the relevant date for payment. All payments Any payment received after noon (Calgary time) shall be deemed to be received on the next following Business Banking Day. (b) Except as otherwise provided herein, all payments made by the Borrower under this Agreement, whether principal, interest, fees or other Obligations, shall be made to the Agent, and the Agent shall receive those payments for and on behalf of the Lenders for distribution to the Lenders in accordance with the terms of this Agreement. (c) The Borrower authorizes and directs the Agent and the Operating Facility Lender (for so long as BNS is the Agent), in its discretion, applicable) to automatically debit, by mechanical, electronic or manual means, the appropriate Designated Account or any other of debit the Borrower’s Accounts for all payments amounts payable by the Borrower under this Agreement, including the repayment of principal, interest, principal and the payment of interest and fees and other Obligations owing from time to time hereunder (including, for greater certainty, all charges agreed to by the Borrower for the keeping of the Designated Account or any other maintaining of the Borrower’s Accounts), and to credit the Borrower’s Accounts for amounts, if any, to be repaid to the Borrower by the Lenders under this Agreement. The Agent shall, as soon as is practical after making any such debit or credit, inform the Borrower of the amount thereof and provide reasonable details of the calculation thereof. (d) All payments by the Borrower hereunder shall be made in immediately available freely transferable funds. (e) The Borrower shall make all payments required hereunder, whether by way of principal, interest, fees, expenses interest or otherwise, without regard to any defence, counterclaim or right of set off available to the BorrowerBorrower and without withholding any Taxes. If the Borrower is required by Law to deduct any withholding Taxes from or in respect of any amounts payable under this Agreement (i) the amounts payable by the Borrower hereunder will be increased by the amount necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Section 6.2(e)) the Agent and the Lenders will receive an amount equal to the sum they would have received had no such deductions been made, (ii) the Borrower will make such deductions and (iii) the Borrower will pay the full amount deducted to the relevant taxing authority or other Governmental Authority in accordance with applicable Law. Notwithstanding the foregoing, unless a Lender is an assignee in the circumstances contemplated in Section 15.2, the Borrower shall have no obligation to gross up for Taxes withheld wholly because a Lender is a non resident of Canada within the meaning of the Income Tax Act (Canada). (ef) Unless otherwise specifically provided for herein, if any payment required hereunder shall become due and payable on a day which is not a Business Banking Day, such payment shall be made on the next following Business Banking Day and any extension of time shall in such case be included in computing interest payable hereunder relating to such payment. (fg) A repayment or prepayment of a LIBOR Loan may occur only on the last day of the relevant LIBOR Period for such LIBOR Loan (unless the Borrower pays LIBOR breakage costs to the Lenders in accordance with Section 6.513.2). (g) A repayment or prepayment of a Bankers’ Acceptance may occur only on the maturity date for such Bankers’ Acceptance.

Appears in 1 contract

Sources: Credit Agreement (Bellatrix Exploration Ltd.)