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

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shall have no further liability in respect of such Bankers’ Acceptance (except to the extent that any such payment is rescinded or reclaimed by operation of law or otherwise) and such Syndicated Canadian Bank shall be entitled to all benefits of, and be responsible for all payments due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

Appears in 2 contracts

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

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Waiver of Presentment and Other Conditions. The Canadian Borrower waives presentment for payment and any other defence defense to payment of any amounts due to a Syndicated Canadian Bank Facility B Lender in respect of a Bankers’ Acceptance accepted and purchased by it pursuant to this Addendum Agreement which might exist solely by reason of the Bankers’ Acceptance being held, at the maturity thereof, by the Syndicated Canadian Bank such Facility B Lender in its own right and the Canadian Borrower agrees not to claim any days of grace if the Syndicated Canadian Bank such Facility B Lender as holder sues the Canadian Borrower on the Bankers’ Acceptance for payment of the amount payable by the Canadian Borrower thereunder. On the specified maturity date of a Bankers’ Acceptance B/A, or the date of any prepayment thereof in accordance with this AddendumAgreement, if earlier, the Canadian Borrower shall pay to the Syndicated Canadian Bank such Facility B Lender that has accepted such Bankers’ Acceptance B/A the full face amount of such Bankers’ Acceptance B/A (or shall make provision for payment by way of conversion or continuation in accordance with Section 2.08) in full and absolute satisfaction of its obligations with respect to such B/A, and after such payment, the Canadian Borrower shall have no further liability in respect of such Bankers’ Acceptance B/A (except to the extent that any such payment is rescinded or reclaimed by operation of law or otherwise) and such Syndicated Canadian Bank Facility B 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’ Acceptance.B/A.

Appears in 2 contracts

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

Waiver of Presentment and Other Conditions. The Canadian Borrower waives presentment for payment and any other defence defense to payment of any amounts due to a Syndicated Canadian Bank Revolving Lender in respect of a Bankers’ Acceptance accepted and purchased by it pursuant to this Addendum Agreement which might exist solely by reason of the Bankers’ Acceptance being held, at the maturity thereof, by the Syndicated Canadian Bank such Revolving Lender in its own right and the Canadian Borrower agrees not to claim any days of grace if the Syndicated Canadian Bank such Revolving Lender as holder sues the Canadian Borrower on the Bankers’ Acceptance for payment of the amount payable by the Canadian Borrower thereunder. On the specified maturity date of a Bankers’ Acceptance B/A, or the date of any prepayment thereof in accordance with this AddendumAgreement, if earlier, the Canadian Borrower shall pay to the Syndicated Canadian Bank such Revolving Lender that has accepted such Bankers’ Acceptance B/A the full face amount of such Bankers’ Acceptance B/A (or shall make provision for payment by way of conversion or continuation in accordance with Sections 2.14(c) or (d) in full and absolute satisfaction of its obligations with respect to such B/A, and after such payment, the Canadian Borrower shall have no further liability in respect of such Bankers’ Acceptance B/A (except to the extent that any such payment is rescinded or reclaimed by operation of law or otherwise) and such Syndicated Canadian Bank 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’ Acceptance.B/A.

Appears in 2 contracts

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

Waiver of Presentment and Other Conditions. The Canadian Borrower waives presentment for payment and any other defence defense to payment of any amounts due to a Syndicated Canadian Bank Facility B Lender in respect of a Bankers’ Acceptance accepted and purchased by it pursuant to 119 this Addendum Agreement which might exist solely by reason of the Bankers’ Acceptance being held, at the maturity thereof, by the Syndicated Canadian Bank such Facility B Lender in its own right and the Canadian Borrower agrees not to claim any days of grace if the Syndicated Canadian Bank such Facility B Lender as holder sues the Canadian Borrower on the Bankers’ Acceptance for payment of the amount payable by the Canadian Borrower thereunder. On the specified maturity date of a Bankers’ Acceptance B/A, or the date of any prepayment thereof in accordance with this AddendumAgreement, if earlier, the Canadian Borrower shall pay to the Syndicated Canadian Bank such Facility B Lender that has accepted such Bankers’ Acceptance B/A the full face amount of such Bankers’ Acceptance B/A (or shall make provision for payment by way of conversion or continuation in accordance with Section 2.08) in full and absolute satisfaction of its obligations with respect to such B/A, and after such payment, the Canadian Borrower shall have no further liability in respect of such Bankers’ Acceptance B/A (except to the extent that any such payment is rescinded or reclaimed by operation of law or otherwise) and such Syndicated Canadian Bank Facility B 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’ Acceptance.B/A.

Appears in 1 contract

Samples: Credit Agreement (Claiborne Liz Inc)

Waiver of Presentment and Other Conditions. The Canadian Borrower waives presentment for payment and any other defence defense to payment of any amounts due to a Syndicated Canadian Bank Revolving Lender in respect of a Bankers’ Acceptance accepted and purchased by it pursuant to this Addendum Agreement which might exist solely by reason of the Bankers’ Acceptance being held, at the maturity thereof, by the Syndicated Canadian Bank such Revolving Lender in its own right and the Canadian Borrower agrees not to claim any days of grace if the Syndicated Canadian Bank such Revolving Lender as holder sues the Canadian Borrower on the Bankers’ Acceptance for payment of the amount payable by the Canadian Borrower thereunder. On the specified maturity date of a Bankers’ Acceptance BA, or the date of any prepayment thereof in accordance with this AddendumAgreement, if earlier, the Canadian Borrower shall pay to the Syndicated Canadian Bank 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 Canadian 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 Syndicated Canadian Bank 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 1 contract

Samples: Credit Agreement (Domtar CORP)

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Waiver of Presentment and Other Conditions. The Canadian Borrower waives presentment for payment and any other defence defense to payment of any amounts due to a Syndicated Canadian Bank Revolving Lender in respect of a Bankers' Acceptance accepted and purchased by it pursuant to this Addendum Agreement which might exist solely by reason of the Bankers' Acceptance being held, at the maturity thereof, by the Syndicated Canadian Bank Revolving Lender in its own right and the Canadian Borrower agrees not to claim any days of grace if the Syndicated Canadian Bank Revolving Lender as holder sues the Canadian Borrower on the Bankers' Acceptance for payment of the amount payable by the Canadian Borrower thereunder. On the specified maturity date of a Bankers' Acceptance or the date of any prepayment thereof in accordance with this AddendumAgreement, if earlier, the Canadian Borrower shall pay to the Syndicated Canadian Bank Revolving Lender that has accepted such Bankers' Acceptance the full face amount of such Bankers' Acceptance and after such payment, the Canadian 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 Syndicated Canadian Bank Revolving Lender shall be entitled to all benefits of, and be responsible for all payments due to third parties under, such Bankers' Acceptance.

Appears in 1 contract

Samples: Credit Agreement (Cott Corp /Cn/)

Waiver of Presentment and Other Conditions. The Canadian Each Borrower waives presentment for payment and any other defence to payment of any amounts due to a Syndicated Canadian Bank in respect of a Bankers’ Acceptance accepted and purchased by it pursuant to this Addendum which might exist solely by reason of the Bankers’ Acceptance being held, at the maturity thereof, by the Syndicated Canadian Bank in its own right and the Canadian each Borrower agrees not to claim any days of grace if the Syndicated Canadian Bank as holder sues the Canadian any Borrower on the Bankers’ Acceptance for payment of the amount payable by the Canadian such Borrower thereunder. On the specified maturity date of a Bankers’ Acceptance or the date of any prepayment thereof in accordance with this Addendum, if earlier, the Canadian applicable Borrower shall pay to the Syndicated Canadian Bank that has accepted such Bankers’ Acceptance the full face amount of such Bankers’ Acceptance and after such payment, the Canadian such 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 Syndicated Canadian Bank shall be entitled to all benefits of, and be responsible for all payments due to third parties under, such Bankers’ Acceptance.

Appears in 1 contract

Samples: Credit Agreement (Harley Davidson Inc)

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