Common use of Presigned Draft Forms Clause in Contracts

Presigned Draft Forms. To enable the Lenders and Participants to create Bankers' Acceptances or complete Drafts in the manner specified in this Article 4, the Borrower shall in accordance with the request of each Lender either (i) provide a power of attorney to complete, sign, endorse and issue Bankers' Acceptances, substantially in the form of Exhibit M; or (ii) supply each Lender with such number of Drafts as it may reasonably request, duly endorsed and executed on behalf of the Borrower. Each Lender will exercise such care in the custody and safekeeping of Drafts as it would exercise in the custody and safekeeping of similar property owned by it and will, upon request by the Borrower, promptly advise the Borrower of the number and designations, if any, of uncompleted Drafts held by it for the Borrower. The signature of any officer of the Borrower on a Draft may be mechanically reproduced and BA Instruments bearing facsimile signature shall be binding upon the Borrower as if they had been manually signed. Even if the individuals whose manual or facsimile signature appears on any BA Instrument no longer hold office at the date of signature, at the date of its acceptance by the Lender or at any time after such date, any BA Instrument so signed shall be valid and binding upon the Borrower.

Presigned Draft Forms. To enable the Lenders and Participants Banks to create Bankers' ’ Acceptances or complete Drafts in the manner specified in this Article 4Section 2.4, the Borrower shall in accordance with the request of each Lender either (i) provide a power of attorney to complete, sign, endorse and issue Bankers' Acceptances, substantially in the form of Exhibit M; or (ii) supply each Lender Bank with such number of Drafts as it may reasonably request, duly endorsed and executed on behalf of the Borrower. The Borrower hereby appoints each Bank as its attorney to sign and endorse on its behalf as and when deemed necessary by such Bank, blank forms of Drafts in the form required by such Bank. All Drafts signed or endorsed by a Bank on behalf of the Borrower shall bind the Borrower as fully and effectually as if signed in the handwriting of and duly issued by the proper signing officers of the Borrower. Each Lender Bank will exercise such care in the custody and safekeeping of Drafts as it would exercise in the custody and safekeeping of similar property owned by it and will, upon request by the Borrower, promptly advise the Borrower of the number and designations, if any, of uncompleted Drafts held by it for the Borrower. The signature of any officer of the Borrower on a Draft may be mechanically reproduced and BA Instruments bearing facsimile signature shall be binding upon the Borrower as if they had been manually signed. Even if the individuals whose manual or facsimile signature appears on any BA Instrument no longer hold office at the date of signature, at the date of its acceptance by the Lender a Bank or at any time after such date, any BA Instrument so signed shall be valid and binding upon the Borrower.

Presigned Draft Forms. To (1) Subject to paragraph (2) of this Section 4.04, in order to enable the Lenders and Participants to create Bankers' Banker’s Acceptances or complete Drafts in the manner specified in this Article 4, the each Borrower shall in accordance with the request of each Lender either (i) provide a power of attorney to complete, sign, endorse and issue Bankers' Acceptances, substantially in the form of Exhibit M; or (ii) supply each Lender or its agent with such number of Drafts as it may reasonably request, duly endorsed and executed signed on behalf of the Borrower. Each Lender hereby indemnifies the applicable Borrower against any loss or improper use thereof by such Lender or its agents, will exercise and cause its agents to exercise such care in the custody and safekeeping of Drafts as it would exercise in the custody and safekeeping of similar property owned by it and will, upon request by the applicable Borrower, promptly advise the Borrower of the number and designations, if any, of uncompleted Drafts held by it or its agents for the Borrower. The signature of any officer of the applicable Borrower on a Draft may be mechanically reproduced and any BA Instruments Instrument bearing a facsimile signature shall be binding upon the Borrower as if they it had been manually signed. Even if the individuals whose manual or facsimile signature appears on any BA Instrument no longer hold office at the date of signature, at the date of its acceptance by the Lender or at any time after such date, any BA Instrument so signed shall be valid and binding upon the applicable Borrower. No Lender shall be liable for its failure to accept a Draft as required hereby if the cause of such failure is, in whole or in part, due to the failure of the applicable Borrower to provide Drafts to such Lender on a timely basis.

Presigned Draft Forms. To enable the Lenders and Participants to create Bankers' Acceptances or complete Drafts make Drawings in the manner specified in this Article 4, the Borrower shall in accordance with the request of each Lender either (i) provide a power of attorney to complete, sign, endorse and issue Bankers' Acceptances, substantially in the form of Exhibit M; or (ii) supply each Lender with such number of Drafts as it such Lenders may reasonably request, duly endorsed and executed on behalf of the Borrower. Each Lender will shall exercise such care in the custody and safekeeping of Drafts as it would exercise in the custody and safekeeping of similar property owned by it and it. Each Lender will, upon request by the Borrower, promptly advise the Borrower of the number and designations, if any, of the uncompleted Drafts then held by it for the Borrowerit. The signature of any duly authorized officer of the Borrower on a Draft may be mechanically reproduced in facsimile and BA Instruments Drafts and Bankers' Acceptances bearing such facsimile signature shall be binding upon the Borrower as if they had been manually signedsigned by such officer. Even if Notwithstanding that any of the individuals whose manual or facsimile signature appears on any BA Instrument Draft as one of such officers may no longer hold office at the date of signature, thereof or at the date of its acceptance by the Lender hereunder or at any time after such datethereafter, any BA Instrument Draft or Bankers' Acceptance so signed shall be valid and binding upon the relevant Borrower.

Presigned Draft Forms. (1) To enable the Lenders and Participants Lender to create Bankers' Acceptances or complete Drafts in the manner specified in this Article 4, the Borrower shall in accordance with the request of each Lender either (i) provide a power of attorney to complete, sign, endorse and issue Bankers' Acceptances, substantially in shall supply the form of Exhibit M; or (ii) supply each Lender with such number of Drafts as it may reasonably request, duly endorsed and executed on behalf of the Borrower. Each Borrower and (ii) hereby appoints the Lender, as its attorney by any authorized signatory of the Lender: (a) To execute, for and on behalf and in the name of the Borrower as drawer, and to endorse on its behalf, Drafts in a form in accordance with Section 4.2 and which constitute both bills of exchange for the purpose of the BILLS OF EXCHANGE ACT (Canada) and depository bills for the purpose of the DBNA; (b) To complete the amount, date and maturity date of such Bankers' Acceptances; and (c) To deposit such Bankers' Acceptances which have been accepted by the Lender with a clearing house (as defined in the DBNA); Provided that such acts in each case are to be undertaken by the Lender in accordance with instructions given to the Lender by the instructing Borrower as provided in Section 4.3(1). (2) The Lender will exercise such care in the custody and safekeeping of Drafts as it would exercise in the custody and safekeeping of similar property owned by it and will, upon request by the Borrower, promptly advise the Borrower of the number and designations, if any, of uncompleted Drafts held by it for the Borrower. The signature of any officer of the Borrower on a Draft may be mechanically reproduced and BA Instruments bearing facsimile signature shall be binding upon the Borrower as if they had been manually signed. Even if the individuals whose manual or facsimile signature appears on any BA Instrument no longer hold office at the date of signature, at the date of its acceptance by the Lender or at any time after such date, any BA Instrument so signed shall be valid and binding upon the Borrower.

Presigned Draft Forms. (1) To enable the Domestic Lenders and Participants to create Bankers' Acceptances or complete Drafts in the manner specified in this Article 4, the Borrower Bracknell and State shall in accordance with the request of each Lender either (i) provide a power of attorney to complete, sign, endorse and issue Bankers' Acceptances, substantially in the form of Exhibit M; or (ii) supply each Domestic Lender with such number of Drafts as it may reasonably request, duly endorsed and executed on behalf of the such Borrower. Each Lender will exercise such care in the custody and safekeeping of Drafts as it would exercise in the custody and safekeeping of similar property owned by it and will, upon request by the a Borrower, promptly advise the Borrower of the number and 51 -50- designations, if any, of uncompleted Drafts held by it for the Borrower. The signature of any officer of the a Borrower on a Draft may be mechanically reproduced and BA Instruments bearing facsimile signature shall be binding upon the such Borrower as if they had been manually signed. Even if the individuals whose manual or facsimile signature appears on any BA Instrument no longer hold office at the date of signature, at the date of its acceptance by the Lender or at any time after such date, any BA Instrument so signed shall be valid and binding upon the Borrower. (2) Each of Bracknell and State hereby irrevocably appoints each Domestic Lender as its attorney to sign and endorse on its behalf, manually or by facsimile or mechanical signature, any Drafts necessary to enable such Lender to make Drawings in the manner specified in this Article 4. All Bankers' Acceptances signed or endorsed on a Borrower's behalf by a Lender shall be binding on such Borrower, all as if duly executed and issued by the Borrower.

Presigned Draft Forms. To enable the Lenders and Participants Lender to create Bankers' Acceptances or complete Drafts make Drawings in the manner specified in this Article 42, the Borrower shall in accordance with supply the request of each Lender either (i) provide a power of attorney to complete, sign, endorse and issue Bankers' Acceptances, substantially in the form of Exhibit M; or (ii) supply each Lender with such number of Drafts as it the Lender may reasonably request, duly endorsed and executed on behalf of the Borrower. Each The Lender will shall exercise such care in the custody and safekeeping of Drafts as it would exercise in the custody and safekeeping of similar property owned by it and it. The Lender will, upon request by the Borrower, promptly advise the Borrower of the number and designations, if any, of the uncompleted Drafts then held by it for the Borrowerit. The signature of any daily authorized officer of the Borrower on a Draft may be mechanically reproduced in facsimile and BA Instruments Drafts and Bankers' Acceptances bearing such facsimile signature shall be binding upon the Borrower as if they had been manually signedsigned by such officers. Even if Notwithstanding that any of the individuals whose manual or facsimile signature appears on any BA Instrument Draft as one of such officers may no longer hold office at the date of signature, thereof or at the date of its acceptance by the Lender hereunder or at any time after such datethereafter, any BA Instrument Draft or Bankers' Acceptance so signed shall be valid and binding upon the relevant Borrower.