BAUK definition
Examples of BAUK in a sentence
If either Borrower accepts any note or other instrument, except a cheque payable immediately, such note or instrument shall be considered as evidence of the Account and not payment thereof, and such Borrower will promptly upon request deliver such note or instrument to the Agent or BAUK appropriately endorsed.
Each of the Lenders authorizes and directs BAUK, the Agent and/or the Security Trustee to execute, deliver, do and perform such further instruments, documents and things as it or they may consider appropriate in their discretion to give effect to the foregoing releases and the other terms hereof, including, without limitation, by signing, registering or filing discharges and by releasing interests in insurance policies to the extent applicable to the UK Borrower or its property.
A Under the terms of a sale and purchase agreement entered into on 31 October 2019 (the “SPA”) between the Parties, subject to certain conditions being met, Spirit agreed to acquire the entire issued share capital of Short Brothers Plc (“SB PLC”) from BAUK (“Project Atlantic”).
BACAN, BAUK and its or their Affiliates may make, provided same does not conflict with any express duties hereunder, loans to , issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with the Borrowers and their Subsidiaries and Affiliates as though BACAN and BAUK were not the Agent and/or Issuing Lender hereunder and without notice to or consent of the Lenders.
Each Settlement Loan is a Canadian Revolving Loan or U.K. Revolving Loan, as the case may be, hereunder and shall be subject to all the terms and conditions applicable to other Revolving Loans except that all payments thereon shall be payable to BACAN or BAUK, as the case may be, solely for its own account (and for the account of the holder of any participation interest with respect to such Revolving Loan created pursuant to subsection (ii) of Section 2.2(j)).
The Agent shall not request BACAN or BAUK to make any Settlement Loan if (A) the Agent shall have received written notice from any Canadian Lender or U.K. Lender, as the case may be, that one or more of the applicable conditions precedent will not be satisfied on the requested Drawdown Date for the applicable Revolving Loan, or (B) the requested Revolving Loan would exceed the amount of Canadian Availability or U.K. Availability, as the case may be, on the Drawdown Date.
The foregoing termination fees payable to BACAN and BAUK in respect of BACAN's and BAUK's Commitments at the time shall be waived in the event that the Revolving Credit Facilities are refinanced by Bank of America NT&SA or any of its affiliates after the first anniversary of the Closing Date.
The UK Lenders are hereby released as "UK Lenders" and "Lenders" under the Loan Agreement and, for greater certainty, "Lenders" in Section 1.1 of the Loan Agreement will not include any UK Lenders provided, however, that no UK Lender is released from any obligations, liabilities or responsibilities it may have to any Issuing Lender, BAUK or Agent, including pursuant to Section 2.3 (d) and Article 14 of the Loan Agreement.
As of each Settlement Date, each of (a) BACAN and BAUK with respect to Settlement Loans, (b) the Agent with respect to Agent Advances, and (c) each Lender with respect to the Revolving Loans other than Settlement Loans and Agent Advances, shall be entitled to interest at the applicable rate or rates payable under this Agreement on the actual daily amount of funds employed by BACAN, BAUK, the Agent or such Lender since the immediately preceding Settlement Date.
BACAN and BAUK shall not otherwise be required to determine whether the applicable conditions precedent set forth herein have been satisfied or the requested Revolving Loan would exceed the amount of Canadian Availability or U.K. Availability, as the case may be, on the Drawdown Date applicable thereto prior to making, in its sole discretion, any Settlement Loan.