to U Clause Samples

to U. S. Credit Agreement and the Second Amending Agreement to Canadian Credit Agreement, as applicable, and the performance by the Loan Parties of the Existing U.S. Credit Agreement and the Existing Canadian Credit Agreement in connection with such amendments, (d) the consummation of the Acquisition and the related transactions, including the delivery by the Seller to the Initial Guarantor of the BofM NIL (as defined in the Acquisition Agreement as in effect on the Signing Date), and (e) the payment of fees and expenses in connection with the foregoing.

to U. S. Dollars (USD), if you withdraw the funds by electronically transferring them to your bank account in the United States of America. You will be charged the Withdrawing Balance Fee described in Exhibit A. In addition, if you withdraw the balance in a currency other than the one in which your balance is maintained, you will be charged the Currency Conversion Fee also described in Exhibit A.

to U. S. Holdco Sub at the time of the First Contribution and (c) to U.S. Holdco Sub 2 at the time of the Second Contribution, each for nil consideration and (B) subsequent repurchase by Orca (no earlier than one day after the Orca Conversion) for nil consideration, and subsequent cancellation, of the 50,001 deferred shares of £1.00 each in the share capital of Orca (the “Deferred Shares”), and directing Orca’s officers to take such actions within their control to effect such transfers, repurchase and cancellation.

to U. S. Borrower in an aggregate principal amount at any one time outstanding (including its Commitment Percentage of all U.S. Swing Line Loans and all Letter of Credit Liabilities relating to U.S. Letters of Credit at such time) up to but not exceeding such U.S. Lender's Commitment Percentage of the Maximum U.S. Available Amount. Notwithstanding anything herein to the contrary, in no event shall any U.S. Lender be obligated to make any loan or purchase any participation in a Letter of Credit to the extent that the making of such loan and/or purchase of such participation in a Letter of Credit, as applicable, would cause such Lender's U.S. Loan and Letter of Credit Liabilities relating to U.S. Letters of Credit to exceed its U.S. Commitment. Subject to the conditions in this Agreement, any such U.S. Loan repaid prior to the Termination Date may be reborrowed pursuant to the terms of this Agreement; provided, that any and all such U.S. Loans shall be due and payable in full at the end of the Availability Period. Loans made under this Section 2.1(a) shall be made and denominated in Dollars. The aggregate of all U.S. Loans to be made by the U.S. Lenders in connection with a particular borrowing shall be equal to the lesser of (i) the unutilized portion of the U.S. Commitments or (ii) (x) for a Base Rate Borrowing at least US$500,000 or any integral multiple of US$100,000 in excess thereof, or (y) for a LIBOR Borrowing, at least US$5,000,000 or any integral multiple of US$1,000,000 in excess thereof.

to U. S. $1.00. Any cash payments by the Buyer to a Seller pursuant to this ARTICLE II or pursuant to Section 10.03 hereof shall be in an amount equal to such Seller's "Percentage of Interest", as set forth on Schedule A hereto.

to U. S. $1.00; failing which the Fee payment will be increased in U.S. dollars to make up such Cdn. to U.S. currency exchange deficiency at that time.

to U. S. Borrower in an aggregate principal amount at any one time outstanding (including its Commitment Percentage of all Letter of Credit Liabilities relating to U.S. Letters of Credit at such time) up to but not exceeding such U.S. Lender's Commitment Percentage of the Maximum U.S. Available Amount.