Common use of Power of Attorney for the Execution of Bankers’ Acceptances Clause in Contracts

Power of Attorney for the Execution of Bankers’ Acceptances. To facilitate the availment of the Canadian Facility by Bankers’ Acceptances, each Canadian Borrower hereby appoints each Canadian Facility Lender as its attorney to sign and endorse on its behalf, in handwriting or by facsimile or mechanical signature as and when deemed necessary by such Canadian Facility Lender, blank forms of B/As. In this respect, it is each Canadian Facility Lender’s responsibility to maintain an adequate supply of blank forms of B/As for acceptance under this Agreement. Each Canadian Borrower recognizes and agrees that all B/As signed and/or endorsed on its behalf by a Canadian Facility Lender shall bind the applicable Canadian Borrower as fully and effectually as if signed in the handwriting of and duly issued by the proper signing officers of such Canadian Borrower. Each Canadian Facility Lender is hereby authorized to issue such B/As endorsed in blank in such face amounts as may be determined by such Canadian Facility Lender; provided that the aggregate amount thereof is equal to the aggregate amount of B/As required to be accepted and purchased by such Canadian Facility Lender. No Canadian Facility Lender shall be liable for any damage, loss or other claim arising by reason of any loss or improper use of any such instrument except the gross negligence or willful misconduct of the Canadian Facility Lender or its officers, employees, agents or representatives. Each Canadian Facility Lender shall maintain a record with respect to B/As held by it in blank hereunder, voided by it for any reason, accepted and purchased by it hereunder, and cancelled at their respective maturities. Each Canadian Facility Lender agrees to provide such records to any Canadian Borrower at such Canadian Borrower’s expense upon request.

Appears in 4 contracts

Samples: Credit Agreement (Hd Supply, Inc.), Credit Agreement (Hd Supply, Inc.), Credit Agreement (HSI IP, Inc.)

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Power of Attorney for the Execution of Bankers’ Acceptances. To facilitate the availment issuance of the Canadian Facility by Bankers’ Acceptances, each of the Canadian Borrower and the U.S. Borrower hereby appoints each Canadian Facility Revolving Lender as its attorney to sign and endorse on its behalf, in handwriting or by facsimile or mechanical signature as and when deemed necessary by such Canadian Facility Revolving Lender, blank forms of B/AsBankers’ Acceptances. In this respect, it is each Canadian Facility Revolving Lender’s responsibility to maintain an adequate supply of blank forms of B/As Bankers’ Acceptances for acceptance under this Agreement. Each of the Canadian Borrower and the U.S. Borrower recognizes and agrees that all B/As Bankers’ Acceptances signed and/or endorsed on its behalf by a Canadian Facility Revolving Lender in accordance with the provisions of this Agreement shall bind each of the applicable Canadian Borrower and the U.S. Borrower as fully and effectually as if signed in the handwriting of and duly issued by the proper signing officers of such the Canadian Borrower and the U.S. Borrower. Each Canadian Facility Revolving Lender is hereby authorized to issue such B/As Bankers’ Acceptance endorsed in blank in such face amounts as may be determined by such Canadian Facility Revolving Lender; provided that the aggregate amount thereof is equal to the aggregate amount of B/As Bankers’ Acceptances required to be accepted and purchased by such Canadian Facility Revolving Lender. No Canadian Facility Revolving Lender shall be liable for any damage, loss or other claim arising by reason of any loss or improper use of any such instrument except to the extent caused by the gross negligence or willful misconduct of the Canadian Facility such Lender or its officers, employees, agents or representatives. Each Canadian Facility Revolving Lender shall maintain a record with respect to B/As Bankers’ Acceptances held by it in blank hereunder, voided by it for any reason, accepted and purchased by it hereunder, and cancelled at their respective maturities. Each Canadian Facility Revolving Lender agrees to provide such records to any the Canadian Borrower and the U.S. Borrower at such the Canadian Borrower’s and the U.S. Borrower’s expense upon request.

Appears in 3 contracts

Samples: Credit Agreement (Cedar Fair L P), Credit Agreement (Cedar Fair L P), Credit Agreement (Cedar Fair L P)

Power of Attorney for the Execution of Bankers’ Acceptances. To facilitate the availment of the Canadian Facility by Bankers’ Acceptances, each Canadian Borrower hereby appoints each Canadian Facility Lender as its attorney to sign and endorse on its behalf, in handwriting or by facsimile or mechanical signature as and when deemed necessary by such Canadian Facility Lender, blank forms of B/As. In this respect, it is each Canadian Facility Lender’s responsibility to maintain an adequate supply of blank forms of B/As for acceptance under this Agreement. Each Canadian Borrower recognizes and agrees that all B/As signed and/or endorsed on its behalf by a Canadian Facility Lender shall bind the applicable Canadian Borrower as fully and effectually as if signed in the handwriting of and duly issued by the proper signing officers of such Canadian Borrower. Each Canadian Facility Lender is hereby authorized to issue such B/As endorsed in blank in such face amounts as may be determined by such Canadian Facility Lender; provided that the aggregate amount thereof is equal to the aggregate amount of B/As required to be accepted and purchased by such Canadian Facility Lender. No Canadian Facility Lender shall be liable for any damage, loss or other claim arising by reason of any loss or improper use of any such instrument except the gross negligence or willful misconduct of the Canadian Facility Lender or its officers, employees, agents or representatives. Each Canadian Facility Lender shall maintain a record with respect to B/As held by it in blank hereunder, voided by it for any reason, accepted and purchased by it hereunder, and cancelled at their respective maturities. Each Canadian Facility Lender agrees to provide such records to any Canadian Borrower at such Canadian Borrower’s expense upon request.

Appears in 3 contracts

Samples: Credit Agreement (Hertz Corp), Credit Agreement (Herc Holdings Inc), Credit Agreement (Hertz Global Holdings Inc)

Power of Attorney for the Execution of Bankers’ Acceptances. To facilitate the availment issuance of the Canadian Facility by Bankers’ Acceptances, each the Canadian Borrower hereby appoints each Canadian Facility Revolving Lender as its attorney to sign and endorse on its behalf, in handwriting or by facsimile or mechanical signature as and when deemed necessary by such Canadian Facility Revolving Lender, blank forms of B/AsBankers’ Acceptances. In this respect, it is each Canadian Facility Revolving Lender’s responsibility to maintain an adequate supply of blank forms of B/As Bankers’ Acceptances for acceptance under this Agreement. Each The Canadian Borrower recognizes and agrees that all B/As Bankers’ Acceptances signed and/or endorsed on its behalf by a Canadian Facility Revolving Lender shall bind the applicable Canadian Borrower as fully and effectually as if signed in the handwriting of and duly issued by the proper signing officers of such the Canadian Borrower. Each Canadian Facility Revolving Lender is hereby authorized to issue such B/As Bankers’ Acceptances endorsed in blank in such face amounts as may be determined by such Canadian Facility Revolving Lender; provided that the aggregate amount thereof is equal to the aggregate amount of B/As Bankers’ Acceptances required to be accepted and purchased by such Canadian Facility Revolving Lender. No Canadian Facility Revolving Lender shall be liable for any damage, loss or other claim arising by reason of any loss or improper use of any such instrument except for the gross negligence or willful misconduct of the such Canadian Facility Lender or its officers, employees, agents or representativesRevolving Lender. Each Canadian Facility Revolving Lender shall maintain a record with respect to B/As Bankers’ Acceptances held by it in blank hereunder, voided by it for any reason, accepted and purchased by it hereunder, and cancelled canceled at their respective maturities. Each Canadian Facility Lender agrees to provide such records to any Canadian Borrower at such Canadian Borrower’s expense upon request.

Appears in 3 contracts

Samples: Option Credit Agreement (Linens N Things Inc), Credit Agreement (Linens N Things Inc), Credit Agreement (Linens N Things Inc)

Power of Attorney for the Execution of Bankers’ Acceptances. To facilitate the availment of the Canadian Facility by Bankers’ AcceptancesAcceptance Loans, each the Canadian Borrower hereby appoints each Syndicated Canadian Facility Lender Bank as its attorney to sign and endorse on its behalf, in handwriting or by facsimile or mechanical signature as and when deemed necessary by such Canadian Facility LenderSyndicated Bank, blank forms of B/AsBankers’ Acceptances. In this respect, it is each Syndicated Canadian Facility LenderBank’s responsibility to maintain an adequate supply of blank forms of B/As Bankers’ Acceptances for acceptance under this Agreement. Each Syndicated Canadian Bank shall exercise the same degree of care in the custody and safekeeping of signed blank forms of Bankers’ Acceptance as it exercises in respect of its own bearer securities. The Canadian Borrower recognizes and agrees that all B/As Bankers’ Acceptances signed and/or endorsed on its behalf by a Syndicated Canadian Facility Lender Bank shall bind the applicable Canadian Borrower as fully and effectually as if signed in the handwriting of and duly issued by the proper signing officers of such the Canadian Borrower. Each Syndicated Canadian Facility Lender Bank is hereby authorized to issue such B/As Bankers’ Acceptances endorsed in blank in such face amounts as may be determined by such Syndicated Canadian Facility LenderBank; provided that the aggregate amount thereof is equal to the aggregate amount of B/As Bankers’ Acceptances required to be accepted and purchased by such Syndicated Canadian Facility LenderBank. No Syndicated Canadian Facility Lender Bank shall be liable for any damage, loss or other claim arising by reason of any loss or improper use of any such instrument except the gross negligence or willful wilful misconduct of the Syndicated Canadian Facility Lender Bank or its officers, employees, agents or representatives. On the repayment in full of all Obligations under the Credit Agreement or on request by the Canadian Borrower, a Syndicated Canadian Bank shall cancel all forms of Bankers’ Acceptances which have been pre-signed or pre-endorsed by or on behalf of the Canadian Borrower and which are held by such Syndicated Canadian Bank and have not yet been issued in accordance herewith. Each Syndicated Canadian Facility Lender Bank shall maintain a record with respect to B/As Bankers’ Acceptances held by it in blank hereunder, voided by it for any reason, accepted and purchased by it hereunder, and cancelled at their respective maturities. Each Syndicated Canadian Facility Lender Bank agrees to provide such records to any the Canadian Borrower at such the Canadian Borrower’s expense upon request.

Appears in 2 contracts

Samples: Credit Agreement (Harley Davidson Inc), Credit Agreement (Harley Davidson Inc)

Power of Attorney for the Execution of Bankers’ Acceptances. To facilitate borrowings under the availment Revolving Commitments by way of B/As, the Canadian Facility by Bankers’ Acceptances, each Canadian Borrower hereby appoints each Canadian Facility Revolving Lender as its attorney to sign and endorse on its behalf, in handwriting or by facsimile or mechanical signature as and when deemed necessary by such Canadian Facility Revolving Lender, blank forms of B/As. In this respect, it is each Canadian Facility Revolving Lender’s responsibility to maintain an adequate supply of blank forms of B/As for acceptance under this Agreement. Each The Canadian Borrower recognizes and agrees that all B/As required to be accepted and purchased by any Revolving Lender and which are signed and/or endorsed on its behalf by a Canadian Facility Revolving Lender shall bind the applicable Canadian Borrower as fully and effectually as if signed in the handwriting of and duly issued by the proper signing officers of such the Canadian Borrower. Each Canadian Facility Revolving Lender is hereby authorized to issue such B/As endorsed in blank in such face amounts as may be determined by such Canadian Facility Revolving Lender; provided that the aggregate amount thereof is equal to the aggregate amount of B/As required to be accepted and purchased by such Canadian Facility Revolving Lender. No Canadian Facility Revolving Lender shall be liable for any damage, loss or other claim arising by reason of any loss or improper use of any such instrument except the gross negligence or willful misconduct of the Canadian Facility such Revolving Lender or its officers, employees, agents or representatives. On request by the Canadian Borrower, a Revolving Lender shall cancel all forms of B/As which have been pre-signed or pre-endorsed by or on behalf of the Canadian Borrower and which are held by such Revolving Lender and have not yet been issued in accordance herewith. Each Canadian Facility Revolving Lender shall maintain a record with respect to B/As held by it in blank hereunder, voided by it for any reason, accepted and purchased by it hereunder, and cancelled at their respective maturities. Each Canadian Facility Revolving Lender agrees to provide such records to any the Canadian Borrower at such the Canadian Borrower’s expense upon request.

Appears in 2 contracts

Samples: Credit Agreement (Domtar CORP), Credit Agreement (Domtar CORP)

Power of Attorney for the Execution of Bankers’ Acceptances. To facilitate borrowings under the availment Facility B Commitments by way of B/As, the Canadian Facility by Bankers’ Acceptances, each Canadian Borrower hereby appoints each Canadian Facility B Lender as its attorney to sign and endorse on its behalf, in handwriting or by facsimile or mechanical signature as and when deemed necessary by such Canadian Facility B Lender, blank forms of B/As. In this respect, it is each Canadian Facility B Lender’s responsibility to maintain an adequate supply of blank forms of B/As for acceptance under this Agreement. Each The Canadian Borrower recognizes and agrees that all B/As required to be accepted and purchased by any Facility B Lender and which are signed and/or endorsed on its behalf by a Canadian Facility B Lender shall bind the applicable Canadian Borrower as fully and effectually as if signed in the handwriting of and duly issued by the proper signing officers of such the Canadian Borrower. Each Canadian Facility B Lender is hereby authorized to issue such B/As endorsed in blank in such face amounts as may be determined by such Canadian Facility B Lender; provided that the aggregate amount thereof is equal to the aggregate amount of B/As required to be accepted and purchased by such Canadian Facility B Lender. No Canadian Facility B Lender shall be liable for any damage, loss or other claim arising by reason of any loss or improper use of any such instrument except the gross negligence or willful misconduct of the Canadian such Facility B Lender or its officers, employees, agents or representatives. On request by the Canadian Borrower, a Facility B Lender shall cancel all forms of B/As which have been pre-signed or pre-endorsed by or on behalf of the Canadian Borrower and which are held by such Facility B Lender and have not yet been issued in accordance herewith. Each Canadian Facility B Lender shall maintain a record with respect to B/As held by it in blank hereunder, voided by it for any reason, accepted and purchased by it hereunder, and cancelled at their respective maturities. Each Canadian Facility B Lender agrees to provide such records to any the Canadian Borrower at such the Canadian Borrower’s expense upon request.

Appears in 2 contracts

Samples: Credit Agreement (Kate Spade & Co), Credit Agreement (Fifth & Pacific Companies, Inc.)

Power of Attorney for the Execution of Bankers’ Acceptances. To facilitate the availment issuance of the Canadian Facility by Bankers’ Acceptances, each the Canadian Borrower hereby appoints each Canadian Facility Term Loan Lender and each Revolving Credit Lender making Revolving Credit Loans denominated in Canadian Dollars as its attorney to sign and endorse on its behalf, in handwriting or by facsimile or mechanical signature as and when deemed necessary by such Canadian Facility LenderTerm Loan Lender or Revolving Credit Lender making Revolving Credit Loans denominated in Canadian Dollars, blank forms of B/AsBankers’ Acceptances. In this respect, it is the responsibility of each Canadian Facility Lender’s responsibility Term Loan Lender and each Revolving Credit Lender making Revolving Credit Loans denominated in Canadian Dollars to maintain an adequate supply of blank forms of B/As Bankers’ Acceptances for acceptance under this Agreement. Each Canadian The applicable Borrower recognizes and agrees that all B/As Bankers’ Acceptances signed and/or endorsed on its behalf by a Canadian Facility Term Loan Lender or a Revolving Credit Lender making Revolving Credit Loans denominated in Canadian Dollars shall bind the applicable Canadian such Borrower as fully and effectually as if signed in the handwriting of and duly issued by the proper signing officers of such Canadian Borrower. Each Canadian Facility Term Loan Lender and each Revolving Credit Lender making Revolving Credit Loans denominated in Canadian Dollars is hereby authorized to issue such B/As Bankers’ Acceptance endorsed in blank in such face amounts as may be determined by such Canadian Facility LenderTerm Loan Lender or Revolving Credit Lender making Revolving Credit Loans denominated in Canadian Dollars; provided that the aggregate amount thereof is equal to the aggregate amount of B/As Bankers’ Acceptances required to be accepted and purchased by such Canadian Facility LenderTerm Loan Lender or Revolving Credit Lender making Revolving Credit Loans denominated in Canadian Dollars. No Canadian Facility Term Loan Lender and no Revolving Credit Lender making Revolving Credit Loans denominated in Canadian Dollars shall be liable for any damage, loss or other claim arising by reason of any loss or improper use of any such instrument except the gross negligence or willful misconduct of the such Canadian Facility Term Loan Lender or such Revolving Credit Lender or its respective officers, employees, agents or representatives. Each Canadian Facility Term Loan Lender and each Revolving Credit Lender making Revolving Credit Loans denominated in Canadian Dollars shall maintain a record with respect to B/As Bankers’ Acceptances held by it in blank hereunder, voided by it for any reason, accepted and purchased by it hereunder, and cancelled at their respective maturities. Each Canadian Facility Term Loan Lender and each Revolving Credit Lender making Revolving Credit Loans denominated in Canadian Dollars agrees to provide such records to any Canadian the applicable Borrower at such Canadian Borrower’s expense upon request.

Appears in 2 contracts

Samples: Intellectual Property Security Agreement (Waste Services, Inc.), Credit Agreement (Waste Services, Inc.)

Power of Attorney for the Execution of Bankers’ Acceptances. To facilitate the availment issuance of the Canadian Facility by Bankers’ Acceptances, each the Canadian Borrower hereby appoints each Canadian Facility Lender as its attorney to sign and endorse on its behalf, in handwriting or by facsimile or mechanical signature as and when deemed necessary by such Canadian Facility Lender, blank forms of B/AsBankers’ Acceptances. In this respect, it is each Canadian Facility Lender’s responsibility to maintain an adequate supply of blank forms of B/As Bankers’ Acceptances for acceptance under this Agreement. Each The Canadian Borrower recognizes and agrees that all B/As Bankers’ Acceptances signed and/or endorsed on its behalf by a Canadian Facility Lender shall bind the applicable Canadian Borrower as fully and effectually as if signed in the handwriting of and duly issued by the proper signing officers of such the Canadian Borrower. Each Canadian Facility Lender is hereby authorized to issue such B/As Bankers’ Acceptance endorsed in blank in such face amounts as may be determined by such Canadian Facility Lender; provided that the aggregate amount thereof is equal to the aggregate amount of B/As Bankers’ Acceptances required to be accepted and purchased by such Canadian Facility Lender. No Canadian Facility Lender shall be liable for any damage, loss or other claim arising by reason of any loss or improper use of any such instrument except the gross negligence or willful misconduct of the Canadian Facility Lender or its officers, employees, agents or representatives. Each Canadian Facility Lender shall maintain a record with respect to B/As Bankers’ Acceptances held by it in blank hereunder, voided by it for any reason, accepted and purchased by it hereunder, and cancelled at their respective maturities. Each Canadian Facility Lender agrees to provide such records to any the Canadian Borrower at such the Canadian Borrower’s expense upon request.

Appears in 1 contract

Samples: Credit Agreement (LKQ Corp)

Power of Attorney for the Execution of Bankers’ Acceptances. To facilitate the availment issuance of the Canadian Facility by Bankers' Acceptances, each the Canadian Borrower hereby appoints each Canadian Facility Revolving Lender as its attorney to sign and endorse on its behalf, in handwriting or by facsimile or mechanical signature as and when deemed necessary by such Canadian Facility Revolving Lender, blank forms of B/AsBankers' Acceptances. In this respect, it is each Canadian Facility Revolving Lender’s 's responsibility to maintain an adequate supply of blank forms of B/As Bankers' Acceptances for acceptance under this Agreement. Each The Canadian Borrower recognizes and agrees that all B/As Bankers' Acceptances signed and/or endorsed on its behalf by a Canadian Facility Revolving Lender shall bind the applicable Canadian Borrower as fully and effectually as if signed in the handwriting of and duly issued by the proper signing officers of such the Canadian Borrower. Each Canadian Facility Revolving Lender is hereby authorized to issue such B/As Bankers' Acceptances endorsed in blank in such face amounts as may be determined by such Canadian Facility Revolving Lender; provided that the aggregate amount thereof is equal to the aggregate amount of B/As Bankers' Acceptances required to be accepted and purchased by such Canadian Facility Revolving Lender. No Canadian Facility Revolving Lender shall be liable for any damage, loss or other claim arising by reason of any loss or improper use of any such instrument except for the gross negligence or willful misconduct of the such Canadian Facility Lender or its officers, employees, agents or representativesRevolving Lender. Each Canadian Facility Revolving Lender shall maintain a record with respect to B/As Bankers' Acceptances held by it in blank hereunder, voided by it for any reason, accepted and purchased by it hereunder, and cancelled canceled at their respective maturities. Each Canadian Facility Lender agrees to provide such records to any Canadian Borrower at such Canadian Borrower’s expense upon request.

Appears in 1 contract

Samples: Credit Agreement (LNT Leasing II, LLC)

Power of Attorney for the Execution of Bankers’ Acceptances. To facilitate the availment of the Canadian Facility by Bankers’ AcceptancesAcceptance Loans, each Canadian Borrower hereby appoints each Syndicated Canadian Facility Lender Bank as its attorney to sign and endorse on its behalf, in handwriting or by facsimile or mechanical signature as and when deemed necessary by such Syndicated Canadian Facility LenderBank, blank forms of B/AsBankers’ Acceptances. In this respect, it is each Syndicated Canadian Facility LenderBank’s responsibility to maintain an adequate supply of blank forms of B/As Bankers’ Acceptances for acceptance under this Agreement. Each Syndicated Canadian Bank shall exercise the same degree of care in the custody and safekeeping of signed blank forms of Bankers’ Acceptance as it exercises in respect of its own bearer securities. Each Borrower recognizes and agrees that all B/As Bankers’ Acceptances signed and/or endorsed on its behalf by a Syndicated Canadian Facility Lender Bank shall bind the applicable Canadian such Borrower as fully and effectually as if signed in the handwriting of and duly issued by the proper signing officers of such Canadian Borrower. Each Syndicated Canadian Facility Lender Bank is hereby authorized to issue such B/As Bankers’ Acceptances endorsed in blank in such face amounts as may be determined by such Syndicated Canadian Facility LenderBank; provided that the aggregate amount thereof is equal to the aggregate amount of B/As Bankers’ Acceptances required to be accepted and purchased by such Syndicated Canadian Facility LenderBank. No Syndicated Canadian Facility Lender Bank shall be liable for any damage, loss or other claim arising by reason of any loss or improper use of any such instrument except the gross negligence or willful wilful misconduct of the Syndicated Canadian Facility Lender Bank or its officers, employees, agents or representatives. On the repayment in full of all Obligations under the Credit Agreement or on request by any Borrower, a Syndicated Canadian Bank shall cancel all forms of Bankers’ Acceptances which have been pre-signed or pre-endorsed by or on behalf of such Borrower and which are held by such Syndicated Canadian Bank and have not yet been issued in accordance herewith. Each Syndicated Canadian Facility Lender Bank shall maintain a record with respect to B/As Bankers’ Acceptances held by it in blank hereunder, voided by it for any reason, accepted and purchased by it hereunder, and cancelled at their respective maturities. Each Syndicated Canadian Facility Lender Bank agrees to provide such records to any Canadian Borrower at such Canadian Borrower’s expense upon request.

Appears in 1 contract

Samples: Credit Agreement (Harley Davidson Inc)

Power of Attorney for the Execution of Bankers’ Acceptances. To facilitate the availment issuance of the Canadian Facility by Bankers' Acceptances, each the Canadian Borrower hereby appoints each Canadian Facility Revolving Lender as its attorney to sign and endorse on its behalf, in handwriting or by facsimile or mechanical signature as and when deemed necessary by such Canadian Facility Revolving Lender, blank forms of B/AsBankers' Acceptances. In this respect, it is each Canadian Facility Revolving Lender’s 's responsibility to maintain an adequate supply of blank forms of B/As Bankers' Acceptances for acceptance under this Agreement. Each The Canadian Borrower recognizes and agrees that all B/As Bankers' Acceptances signed and/or endorsed on its behalf by a Canadian Facility Revolving Lender shall bind the applicable Canadian Borrower as fully and effectually as if signed in the handwriting of and duly issued by the proper signing officers of such the Canadian Borrower. Each Canadian Facility Revolving Lender is hereby authorized to issue such B/As Bankers' Acceptance endorsed in blank in such face amounts as may be determined by such Canadian Facility Revolving Lender; provided that the aggregate amount thereof is equal to the aggregate amount of B/As Bankers' Acceptances required to be accepted and purchased by such Canadian Facility Revolving Lender. No Canadian Facility Revolving Lender shall be liable for any damage, loss or other claim arising by reason of any loss or improper use of any such instrument except to the extent caused by the gross negligence or willful misconduct of the Canadian Facility such Lender or its officers, employees, agents or representatives. Each Canadian Facility Revolving Lender shall maintain a record with respect to B/As Bankers' Acceptances held by it in blank hereunder, voided by it for any reason, accepted and purchased by it hereunder, and cancelled at their respective maturities. Each Canadian Facility Revolving Lender agrees to provide such records to any the Canadian Borrower at such the Canadian Borrower’s 's expense upon request.

Appears in 1 contract

Samples: Credit Agreement (Cedar Fair L P)

Power of Attorney for the Execution of Bankers’ Acceptances. To facilitate the availment issuance of the Canadian Facility by Bankers’ Acceptances, each the Canadian Borrower hereby appoints each Canadian Facility Revolving Lender as its attorney to sign and endorse on its behalf, in handwriting or by facsimile or mechanical signature as and when deemed necessary by such Canadian Facility Revolving Lender, blank forms of B/AsBankers’ Acceptances. In this respect, it is each Canadian Facility Revolving Lender’s responsibility to maintain an adequate supply of blank forms of B/As Bankers’ Acceptances for acceptance under this Agreement. Each The Canadian Borrower recognizes and agrees that all B/As Bankers’ Acceptances signed and/or endorsed on its behalf by a Canadian Facility Revolving Lender shall bind the applicable Canadian Borrower as fully and effectually as if signed in the handwriting of and duly issued by the proper signing officers of such the Canadian Borrower. Each Canadian Facility Revolving Lender is hereby authorized to issue such B/As Bankers’ Acceptance endorsed in blank in such face amounts as may be determined by such Canadian Facility Revolving Lender; provided that the aggregate amount thereof is equal to the aggregate amount of B/As Bankers’ Acceptances required to be accepted and purchased by such Canadian Facility Revolving Lender. No Canadian Facility Revolving Lender shall be liable for any damage, loss or other claim arising by reason of any loss or improper use of any such instrument except to the extent caused by the gross negligence or willful misconduct of the Canadian Facility such Lender or its officers, employees, agents or representatives. Each Canadian Facility Revolving Lender shall maintain a record with respect to B/As Bankers’ Acceptances held by it in blank hereunder, voided by it for any reason, accepted and purchased by it hereunder, and cancelled at their respective maturities. Each Canadian Facility Revolving Lender agrees to provide such records to any the Canadian Borrower at such the Canadian Borrower’s expense upon request.

Appears in 1 contract

Samples: Credit Agreement (Cedar Fair L P)

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Power of Attorney for the Execution of Bankers’ Acceptances. To facilitate the availment of the Canadian Facility by Bankers’ Acceptances, each Canadian Borrower hereby appoints each Canadian Facility Lender as its attorney to sign and endorse on its behalf, in handwriting or by facsimile or mechanical signature as and when deemed necessary by such Canadian Facility Lender, blank forms of B/As. In this respect, it is each Canadian Facility Lender’s responsibility to maintain an adequate supply of blank forms of B/As for acceptance under this Agreement. Each Canadian Borrower recognizes and agrees that all B/As signed and/or endorsed on its behalf by a Canadian Facility Lender shall bind the applicable Canadian Borrower as fully and effectually as if signed in the handwriting of and duly issued by the proper signing officers of such Canadian Borrower. Each Canadian Facility Lender is hereby authorized to issue such B/As endorsed in blank in such face amounts as may be determined by such Canadian Facility Lender; provided that the aggregate amount thereof is equal to the aggregate amount of B/As required to be accepted and purchased by such Canadian Facility LenderLender . No Canadian Facility Lender shall be liable for any damage, loss or other claim arising by reason of any loss or improper use of any such instrument except the gross negligence or willful misconduct of the Canadian Facility Lender or its officers, employees, agents or representatives. Each Canadian Facility Lender shall maintain a record with respect to B/As held by it in blank hereunder, voided by it for any reason, accepted and purchased by it hereunder, and cancelled at their respective maturities. Each Canadian Facility Lender agrees to provide such records to any Canadian Borrower at such Canadian Borrower’s expense upon request.

Appears in 1 contract

Samples: Credit Agreement (New Sally Holdings, Inc.)

Power of Attorney for the Execution of Bankers’ Acceptances. To facilitate the availment issuance of the Canadian Facility by Bankers’ Acceptances, each Canadian Borrower WSCA hereby appoints each Canadian Facility Revolving Credit Lender as its attorney to sign and endorse on its behalf, in handwriting or by facsimile or mechanical signature as and when deemed necessary by such Canadian Facility Revolving Credit Lender, blank forms of B/AsBankers’ Acceptances. In this respect, it is each Canadian Facility Revolving Credit Lender’s responsibility to maintain an adequate supply of blank forms of B/As Bankers’ Acceptances for acceptance under this Agreement. Each Canadian Borrower WSCA recognizes and agrees that all B/As Bankers’ Acceptances signed and/or endorsed on its behalf by a Canadian Facility Revolving Credit Lender shall bind the applicable Canadian Borrower WSCA as fully and effectually as if signed in the handwriting of and duly issued by the proper signing officers of such Canadian BorrowerWSCA. Each Canadian Facility Revolving Credit Lender is hereby authorized to issue such B/As Bankers’ Acceptance endorsed in blank in such face amounts as may be determined by such Canadian Facility Revolving Credit Lender; provided that the aggregate amount thereof is equal to the aggregate amount of B/As Bankers’ Acceptances required to be accepted and purchased by such Canadian Facility Revolving Credit Lender. No Canadian Facility Revolving Credit Lender shall be liable for any damage, loss or other claim arising by reason of any loss or improper use of any such instrument except the gross negligence or willful misconduct of the Canadian Facility Revolving Credit Lender or its officers, employees, agents or representatives. Each Canadian Facility Revolving Credit Lender shall maintain a record with respect to B/As Bankers’ Acceptances held by it in blank hereunder, voided by it for any reason, accepted and purchased by it hereunder, and cancelled at their respective maturities. Each Canadian Facility Revolving Credit Lender agrees to provide such records to any Canadian Borrower WSCA at such Canadian BorrowerWSCA’s expense upon request.

Appears in 1 contract

Samples: Credit Agreement (Waste Services, Inc.)

Power of Attorney for the Execution of Bankers’ Acceptances. To facilitate the availment of the Canadian RC Facility by Bankers’ AcceptancesAcceptance Loans, each Canadian Borrower hereby appoints each Canadian Facility RCF Lender as its attorney to sign and endorse on its behalf, in handwriting or by facsimile or mechanical signature as and when deemed necessary by such Canadian Facility RCF Lender, blank forms of B/AsDrafts. In this respect, it is 104 each Canadian Facility RCF Lender’s responsibility to maintain an adequate supply of blank forms of B/As Drafts for acceptance under this Agreement. Each Canadian Borrower recognizes and agrees that all B/As Drafts signed and/or endorsed on its behalf by a Canadian Facility RCF Lender shall bind the applicable Canadian Borrower as fully and effectually as if signed in the handwriting of and duly issued by the proper signing officers of such Canadian Borrower. Each Canadian Facility RCF Lender is hereby authorized to issue such B/As Drafts endorsed in blank in such face amounts as may be determined by such Canadian Facility RCF Lender; provided that the aggregate amount thereof is equal to the aggregate amount of B/As Drafts required to be accepted and purchased by such Canadian Facility RCF Lender. No Canadian Facility RCF Lender shall be liable for any damage, loss or other claim arising by reason of any loss or improper use of any such instrument except the gross negligence or willful misconduct of the Canadian Facility RCF Lender or its officers, employees, agents or representativesrepresentatives (as determined in a final non-appealable decision issued by a court of competent jurisdiction). Each Canadian Facility RCF Lender shall maintain a record with respect to B/As Drafts held by it in blank hereunder, voided by it for any reason, accepted and purchased by it hereunder, and cancelled at their respective maturities. Each Canadian Facility RCF Lender agrees to provide such records to any Canadian Borrower at such Canadian Borrower’s expense upon request.

Appears in 1 contract

Samples: Credit Agreement (RSC Equipment Rental, Inc.)

Power of Attorney for the Execution of Bankers’ Acceptances. To facilitate the availment of the Canadian Facility RC Facilities by Bankers’ AcceptancesAcceptance Loans, each Canadian Borrower hereby appoints each Canadian Facility Lender as its attorney to sign and endorse on its behalf, in handwriting or by facsimile or mechanical signature as and when deemed necessary by such Canadian Facility Lender, blank forms of B/AsDrafts. In this respect, it is each Canadian Facility Lender’s responsibility to maintain an adequate supply of blank forms of B/As Drafts for acceptance under this Agreement. Each Canadian Borrower recognizes and agrees that all B/As Drafts signed and/or endorsed on its behalf by a Canadian Facility Lender shall bind the applicable Canadian Borrower as fully and effectually as if signed in the handwriting of and duly issued by the proper signing officers of such Canadian Borrower. Each Canadian Facility Lender is hereby authorized to issue such B/As Drafts endorsed in blank in such face amounts as may be determined by such Canadian Facility Lender; provided that the aggregate amount thereof is equal to the aggregate amount of B/As Drafts required to be accepted and purchased by such Canadian Facility Lender. No Canadian Facility Lender shall be liable for any damage, loss or other claim arising by reason of any loss or improper use of any such instrument except the gross negligence or willful misconduct of the Canadian Facility Lender or its officers, employees, agents or representativesrepresentatives (as determined in a final non-appealable decision issued by a court of competent jurisdiction). Each Canadian Facility Lender shall maintain a record with respect to B/As Drafts held by it in blank hereunder, voided by it for any reason, accepted and purchased by it hereunder, and cancelled at their respective maturities. Each Canadian Facility Lender agrees to provide such records to any Canadian Borrower at such Canadian Borrower’s expense upon request.

Appears in 1 contract

Samples: Credit Agreement (RSC Equipment Rental, Inc.)

Power of Attorney for the Execution of Bankers’ Acceptances. To facilitate the availment of the Canadian RC Facility by Bankers’ Acceptances' Acceptance Loans, each Canadian Borrower hereby appoints each Canadian Facility Lender as its attorney to sign and endorse on its behalf, in handwriting or by facsimile or mechanical signature as and when deemed necessary by such Canadian Facility Lender, blank forms of B/AsDrafts. In this respect, it is each Canadian Facility Lender’s 's responsibility to maintain an adequate supply of blank forms of B/As Drafts for acceptance under this Agreement. Each Canadian Borrower recognizes and agrees that all B/As Drafts signed and/or endorsed on its behalf by a Canadian Facility Lender shall bind the applicable Canadian Borrower as fully and effectually as if signed in the handwriting of and duly issued by the proper signing officers of such Canadian Borrower. Each Canadian Facility Lender is hereby authorized to issue such B/As Drafts endorsed in blank in such face amounts as may be determined by such Canadian Facility Lender; provided that the aggregate amount thereof is equal to the aggregate amount of B/As Drafts required to be accepted and purchased by such Canadian Facility Lender. No Canadian Facility Lender shall be liable for any damage, loss or other claim arising by reason of any loss or improper use of any such instrument except the gross negligence or willful misconduct of the Canadian Facility Lender or its officers, employees, agents or representativesrepresentatives (as determined in a final non-appealable decision issued by a court of competent jurisdiction). Each Canadian Facility Lender shall maintain a record with respect to B/As Drafts held by it in blank hereunder, voided by it for any reason, accepted and purchased by it hereunder, and cancelled at their respective maturities. Each Canadian Facility Lender agrees to provide such records to any Canadian Borrower at such Canadian Borrower’s 's expense upon request.

Appears in 1 contract

Samples: Credit Agreement (RSC Holdings Inc.)

Power of Attorney for the Execution of Bankers’ Acceptances. To facilitate the availment of the Canadian RC Facility by Bankers’ AcceptancesAcceptance Loans, each Canadian Borrower hereby appoints each Canadian Facility Lender as its attorney to sign and endorse on its behalf, in handwriting or by facsimile or mechanical signature as and when deemed necessary by such Canadian Facility Lender, blank forms of B/AsDrafts. In this respect, it is each Canadian Facility Lender’s responsibility to maintain an adequate supply of blank forms of B/As Drafts for acceptance under this Agreement. Each Canadian Borrower recognizes and agrees that all B/As Drafts signed and/or endorsed on its behalf by a Canadian Facility Lender shall bind the applicable Canadian Borrower as fully and effectually as if signed in the handwriting of and duly issued by the proper signing officers of such Canadian Borrower. Each Canadian Facility Lender is hereby authorized to issue such B/As Drafts endorsed in blank in such face amounts as may be determined by such Canadian Facility Lender; provided that the aggregate amount thereof is equal to the aggregate amount of B/As Drafts required to be accepted and purchased by such Canadian Facility Lender. No Canadian Facility Lender shall be liable for any damage, loss or other claim arising by reason of any loss or improper use of any such instrument except the gross negligence or willful misconduct of the Canadian Facility Lender or its officers, employees, agents or representativesrepresentatives (as determined in a final non-appealable decision issued by a court of competent jurisdiction). Each Canadian Facility Lender shall maintain a record with respect to B/As Drafts held by it in blank hereunder, voided by it for any reason, accepted and purchased by it hereunder, and cancelled at their respective maturities. Each Canadian Facility Lender agrees to provide such records to any Canadian Borrower at such Canadian Borrower’s expense upon request.

Appears in 1 contract

Samples: The Credit Agreement (RSC Holdings Inc.)

Power of Attorney for the Execution of Bankers’ Acceptances. To facilitate the availment issuance of the Canadian Facility by Bankers’ Acceptances, each Canadian Borrower hereby appoints each Canadian Facility Lender as its attorney to sign and endorse on its behalf, in handwriting or by facsimile or mechanical signature as and when deemed necessary by such Canadian Facility Lender, blank forms of B/AsBankers’ Acceptances. In this respect, it is each Canadian Facility Lender’s responsibility to maintain an adequate supply of blank forms of B/As Bankers’ Acceptances for acceptance under this Agreement. Each Canadian Borrower recognizes and agrees that all B/As Bankers’ Acceptances signed and/or endorsed on its behalf by a Canadian Facility Lender shall bind the applicable Canadian Borrower as fully and effectually as if signed in the handwriting of and duly issued by the proper signing officers of such Canadian Borrower. Each Canadian Facility Lender is hereby authorized to issue such B/As Bankers’ Acceptances endorsed in blank in such face amounts as may be determined by such Canadian Facility Lender; provided that the aggregate amount thereof is equal to the aggregate amount of B/As Bankers’ Acceptances required to be accepted and purchased by such Canadian Facility Lender. No Canadian Facility Lender shall be liable for any damage, loss or other claim arising by reason of any loss or improper use of any such instrument except for the gross negligence or willful misconduct of the such Canadian Facility Lender or its officers, employees, agents or representativesLender. Each Canadian Facility Lender shall maintain a record with respect to B/As Bankers’ Acceptances held by it in blank hereunder, voided by it for any reason, accepted and purchased by it hereunder, and cancelled canceled at their respective maturities. Each Canadian Facility Lender agrees to provide such records to any Canadian Borrower at such Canadian Borrower’s expense upon request.

Appears in 1 contract

Samples: Credit Agreement (SGS International, Inc.)

Power of Attorney for the Execution of Bankers’ Acceptances. To facilitate the availment of the Canadian Facility by Bankers’ Acceptances, each Canadian Borrower hereby appoints each Canadian Facility Lender as its attorney to sign and endorse on its behalf, in handwriting or by facsimile or mechanical signature as and when deemed necessary by such Canadian Facility Lender, blank forms of B/As. In this respect, it is each Canadian Facility Lender’s responsibility to maintain an adequate supply of blank forms of B/As for acceptance under this Agreement. Each Canadian Borrower recognizes and agrees that all B/As signed and/or endorsed on its behalf by a Canadian Facility Lender shall bind the applicable Canadian Borrower as fully and effectually as if signed in the handwriting of and duly issued by the proper signing officers of such Canadian Borrower. Each Canadian Facility Lender is hereby authorized to issue such B/As endorsed in blank in such face amounts as may be determined by such Canadian Facility Lender; provided that the aggregate amount thereof is equal to the aggregate amount of B/As required to be accepted and purchased by such Canadian Facility Lender. No Canadian Facility Lender shall be liable for any damage, loss or other claim arising by reason of any loss or improper use of any such instrument except the gross negligence or willful wilful misconduct of the Canadian Facility Lender or its officers, employees, agents or representatives. Each Canadian Facility Lender shall maintain a record with respect to B/As held by it in blank hereunder, voided by it for any reason, accepted and purchased by it hereunder, and cancelled at their respective maturities. Each Canadian Facility Lender agrees to provide such records to any Canadian Borrower at such Canadian Borrower’s expense upon request.

Appears in 1 contract

Samples: Mortgage, Security Agreement (Hertz Corp)

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