Common use of Waiver of Presentment and Other Conditions Clause in Contracts

Waiver of Presentment and Other Conditions. The Borrower waives presentment for payment and any other defense to payment of any amounts due to any Lender in respect of a Bankers’ Acceptance accepted and purchased by it pursuant to this Agreement which might exist solely by reason of the Bankers’ Acceptance being held, at the maturity thereof, by such Lender in its own right and the Borrower agrees not to claim any days of grace if such Lender as holder sues the Borrower on the Bankers’ Acceptance for payment of the amount payable by the Borrower thereunder. On the specified maturity date of a Bankers’ Acceptance or the date of any prepayment thereof in accordance with this Agreement, if earlier, the Borrower shall pay to the Lender that has accepted such Bankers’ Acceptance the full face amount of such Bankers’ Acceptance and after such payment, the Borrower shall have no further liability in respect of such Bankers’ Acceptance (except to the extent that any such payment is rescinded or reclaimed by operation of law or otherwise) and such Lender shall be entitled to all benefits of, and be responsible for all payments due to third parties under, such Bankers’ Acceptance.

Appears in 8 contracts

Samples: Fourth Amendment (AbitibiBowater Inc.), Credit Agreement (Bowater Inc), Third Amendment and Waiver (Bowater Inc)

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Waiver of Presentment and Other Conditions. The Borrower waives presentment for payment and any other defense to payment of any amounts due to any Lender in respect of a Bankers' Acceptance accepted and purchased by it pursuant to this Agreement which might exist solely by reason of the Bankers' Acceptance being held, at the maturity thereof, by such Lender in its own right and the Borrower agrees not to claim any days of grace if such Lender as holder sues the Borrower on the Bankers' Acceptance for payment of the amount payable by the Borrower thereunder. On the specified maturity date of a Bankers' Acceptance or the date of any prepayment thereof in accordance with this Agreement, if earlier, the Borrower shall pay to the Lender that has accepted such Bankers' Acceptance the full face amount of such Bankers' Acceptance and after such payment, the Borrower shall have no further liability in respect of such Bankers' Acceptance (except to the extent that any such payment is rescinded or reclaimed by operation of law or otherwise) and such Lender shall be entitled to all benefits of, and be responsible for all payments due to third parties under, such Bankers' Acceptance.

Appears in 4 contracts

Samples: Credit Agreement (AbitibiBowater Inc.), Credit Agreement (AbitibiBowater Inc.), Third Amendment and Waiver (AbitibiBowater Inc.)

Waiver of Presentment and Other Conditions. The Each Borrower waives presentment for payment and any other defense to payment of any amounts due to any a Revolving Lender in respect of a Bankers’ Acceptance accepted and purchased by it pursuant to this Agreement which might exist solely by reason of the Bankers’ Acceptance being held, at the maturity thereof, by such Revolving Lender in its own right and the each Borrower agrees not to claim any days of grace if such Revolving Lender as holder sues the such Borrower on the Bankers’ Acceptance for payment of the amount payable by the such Borrower thereunder. On the specified maturity date of a Bankers’ Acceptance BA, or the date of any prepayment thereof in accordance with this Agreement, if earlier, the applicable Borrower shall pay to the such Revolving Lender that has accepted such Bankers’ Acceptance BA the full face amount of such Bankers’ Acceptance BA (or shall make provision for payment by way of conversion or continuation in accordance with Sections 2.11(c) or (d)) in full and absolute satisfaction of its obligations with respect to such BA, and after such payment, the such Borrower shall have no further liability in respect of such Bankers’ Acceptance BA (except to the extent that any such payment is rescinded or reclaimed by operation of law or otherwise) and such Revolving Lender shall be entitled to all benefits of, and will make and otherwise be responsible for all payments due to the redeeming holder or any third parties under, such Bankers’ AcceptanceBA.

Appears in 4 contracts

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

Waiver of Presentment and Other Conditions. The Borrower waives presentment for payment and and, except to the extent of the gross negligence or willful misconduct of the Lenders referred to in the Power of Attorney Terms – Bankers' Acceptances set out in Schedule I, any other defense defence to payment of any amounts due to any Lender in respect of a Bankers' Acceptance accepted and and, if applicable, purchased by it pursuant to this Agreement which might exist solely by reason of the such Bankers' Acceptance being held, at the maturity thereof, by such Lender in its own right and the Borrower agrees not to claim any days of grace if such Lender as holder sues the Borrower on the Bankers' Acceptance for payment of the amount payable by the Borrower thereunder. On the specified maturity date of a Bankers’ Acceptance ' Acceptance, or such earlier date as may be required or permitted pursuant to the date provisions of any prepayment thereof in accordance with this Agreement, if earlier, the Borrower shall pay to the Agent on behalf of the Lender that has accepted such Bankers' Acceptance the full face amount of such Bankers' Acceptance and after such paymentor, the Borrower if applicable, shall have no further liability in respect effect a Conversion or Rollover of such Bankers’ Acceptance (except ' Acceptances and make such additional payments, if any, as are required pursuant to the extent that any such payment is rescinded or reclaimed by operation of law or otherwise) and such Lender shall be entitled to all benefits of, and be responsible for all payments due to third parties under, such Bankers’ AcceptanceSection 3.6(c).

Appears in 3 contracts

Samples: Credit Agreement (PENGROWTH ENERGY Corp), Credit Agreement (PENGROWTH ENERGY Corp), Credit Agreement (PENGROWTH ENERGY Corp)

Waiver of Presentment and Other Conditions. The Borrower waives presentment for payment and and, except to the extent of the gross negligence or willful misconduct of the Lenders referred to in the Power of Attorney Terms – Bankers’ Acceptances set out in Schedule H, any other defense defence to payment of any amounts due to any Lender in respect of a Bankers’ Acceptance accepted and and, if applicable, purchased by it pursuant to this Agreement which might exist solely by reason of the such Bankers’ Acceptance being held, at the maturity thereof, by such Lender in its own right and the Borrower agrees not to claim any days of grace if such Lender as holder sues the Borrower on the Bankers’ Acceptance for payment of the amount payable by the Borrower thereunder. On the specified maturity date of a Bankers’ Acceptance Acceptance, or such earlier date as may be required or permitted pursuant to the date provisions of any prepayment thereof in accordance with this Agreement, if earlier, the Borrower shall pay to the Agent on behalf of the Lender that has accepted such Bankers’ Acceptance the full face amount of such Bankers’ Acceptance and after such paymentor, the Borrower if applicable, shall have no further liability in respect effect a Conversion or Rollover of such Bankers’ Acceptance (except Acceptances and make such additional payments, if any, as are required pursuant to the extent that any such payment is rescinded or reclaimed by operation of law or otherwise) and such Lender shall be entitled to all benefits of, and be responsible for all payments due to third parties under, such Bankers’ AcceptanceSection 3.6(c).

Appears in 2 contracts

Samples: Credit Agreement (Pengrowth Energy Trust), Credit Agreement (Pengrowth Energy Trust)

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Waiver of Presentment and Other Conditions. The Borrower waives presentment for payment and any other defense to payment of any amounts due to any a Lender in respect of a Bankers' Acceptance accepted and purchased by it pursuant to this Agreement which might exist solely by reason of the such Bankers' Acceptance being held, at the maturity thereof, by such Lender in its own right and the Borrower agrees not to claim any days of grace if such Lender as holder sues the Borrower on the Bankers' Acceptance for payment of the amount payable by the Borrower thereunderhereunder. On the specified maturity date of a Bankers’ Acceptance ' Acceptance, or such earlier date as may be required or permitted pursuant to the date provisions of any prepayment thereof in accordance with this Agreement, if earlier, the Borrower shall pay to the Lender that has accepted and purchased such Bankers' Acceptance the full face amount of such Bankers' Acceptance and after such payment, the Borrower shall have no further liability in respect of such Bankers' Acceptance (except to the extent that any such payment is rescinded or reclaimed by operation of law or otherwise) and such Lender shall be entitled to all benefits of, and be responsible for all payments due to third parties under, such Bankers’ Acceptance.be

Appears in 1 contract

Samples: Credit and Acceptance Agreement (Trigen Energy Corp)

Waiver of Presentment and Other Conditions. The Borrower waives presentment for payment and and, except to the extent of the gross negligence or wilful misconduct of the Lenders referred to in the Power of Attorney Terms—Bankers' Acceptances as outlined in Schedule H hereto, any other defense defence to payment of any amounts due to any a Lender in respect of a Bankers' Acceptance accepted and and, if applicable, purchased by it pursuant to this Agreement which might exist solely by reason of the such Bankers' Acceptance being held, at the maturity thereof, by such Lender in its own right and the Borrower agrees not to claim any days of grace if such Lender as holder sues the Borrower on the Bankers' Acceptance for payment of the amount payable by the Borrower thereunder. On the specified maturity date of a Bankers’ Acceptance ' Acceptance, or such earlier date as may be required or permitted pursuant to the date provisions of any prepayment thereof in accordance with this Agreement, if earlier, the Borrower shall pay to the Agent on behalf of the Lender that has accepted such Bankers’ Acceptance ' Acceptance, the full face amount of such Bankers' Acceptance and after such paymentor, the Borrower if applicable, shall have no further liability in respect effect a Conversion or Rollover of such Bankers' Acceptance (except and make such additional payments, if any, as are required pursuant to the extent that any such payment is rescinded or reclaimed by operation of law or otherwise) and such Lender shall be entitled to all benefits of, and be responsible for all payments due to third parties under, such Bankers’ AcceptanceSection 3.7(c).

Appears in 1 contract

Samples: Credit Agreement (Prima Energy Corp)

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