Nothing in this Agreement shall be interpreted as authorizing the Borrower to borrow by way of Libor Advances for a Designated Period or Bankers Acceptances having a contract maturity expiring on a date which results in a situation where Term Facility B or Term Facility C cannot be reduced as required by this Agreement, or on a date which is after the expiry of the relevant Term.
The Facility A Lenders and Term Facility C Lenders are also authorized to issue depository bills as replacements for previously issued Bankers Acceptances, on the same terms as those replaced, and deposit them with a clearing house against cancellation of the previously issued Bankers Acceptances.
The Borrower hereby agrees to repay the Loan as follows: 8.1.1 with respect to the amount of the Loan outstanding under the Revolving Facility, on the last day of the Term; 8.1.2 with respect to the amount of the Loan outstanding under Term Facility C, by way of 20 quarterly instalments, payable on the first day of each of March, June, September and December of each year of the Term, in the amount of Cdn.
Each Facility A Lender and each Term Facility C Lender shall (i) maintain a record with respect to any BA Instrument completed in accordance herewith, voided by it for any reason, accepted and purchased by it hereunder, and canceled at their respective maturities; and (ii) retain such records in the manner and for the statutory periods provided in the various provincial or federal statutes and regulations which apply to such Facility A Lender or Term Facility C Lender.
No Facility A Lender or Term Facility C Lender shall be liable for any Claim or Loss arising by reason of any loss or improper use of any such BA Instruments, except arising out of the gross negligence or willful misconduct of such Lender.