Common use of BA Rate Loans Clause in Contracts

BA Rate Loans. If, in the sole judgment of a Lender, such Lender is unable to extend credit by way of Bankers’ Acceptances in accordance with this Agreement, such Lender shall give an irrevocable notice to such effect to the Agent and the Borrower prior to 9:00 a.m. (Toronto time) on the date of the requested credit extension and shall make available to the Borrower prior to 10:00 a.m. (Toronto time) on the date of such requested credit extension a Canadian dollar loan (a “BA Rate Loan”) in the principal amount equal to such Lender’s Pro Rata Share of the total credit to be extended by way of Bankers’ Acceptances, such BA Rate Loan to be funded in the same manner as a Prime Rate Loan is funded pursuant to Sections 3.2 and 3.3. Such BA Rate Loan shall have the same term as the Bankers’ Acceptances for which it is a substitute and shall bear such rate of interest per annum throughout the term thereof as shall permit such Lender to obtain the same effective rate as if such Lender had accepted and purchased a Bankers’ Acceptance at the same acceptance fee and pricing at which the Agent would have accepted and purchased, on the bid side of the market, such Bankers’ Acceptance at approximately 11:00 a.m. (Toronto time) on the date such BA Rate Loan is made, on the basis that, and the Borrower hereby agrees that, for such a BA Rate Loan, interest shall be payable in advance on the date of the extension of credit by the Lender deducting the interest payable in respect thereof from the principal amount of such BA Rate Loan. All terms of this Agreement applicable to Bankers’ Acceptances shall apply equally to BA Rate Loans with such changes as the Agent may in the context deem to be necessary.

BA Rate Loans. If, in the sole judgment judgement of a Lender, such Lender is unable to extend credit by way of Bankers’ Acceptances in accordance with this Agreementagreement, such Lender shall give an irrevocable notice to such effect to the Administrative Agent and the relevant Borrower prior to 9:00 10:00 a.m. (Toronto time) on the date of the requested credit extension and shall make available to the such Borrower prior to 10:00 11:00 a.m. (Toronto time) on the date of such requested credit extension a Canadian dollar loan (a “BA Rate Loan”) in the principal amount equal to such Lender’s Pro Rata Share of the total credit to be extended by way of Bankers’ Acceptances, such BA Rate Loan to be funded in the same manner as a Prime Rate Loan is funded pursuant to Sections Section 3.2 and 3.3. Such BA Rate Loan shall have the same term as the Bankers’ Acceptances for which it is a substitute and shall bear such rate of interest per annum throughout the term thereof as shall permit such Lender to obtain the same effective rate as if such Lender had accepted and purchased a Bankers’ Acceptance at the same acceptance fee and pricing at which the Agent a Schedule II Lender would have accepted and purchased, on the bid side of the market, purchased such Bankers’ Acceptance at approximately 11:00 a.m. (Toronto time) on the date such BA Rate Loan is made, on the basis that, and the each Borrower hereby agrees that, for such a BA Rate Loan, interest shall be payable in advance on the date of the extension of credit by the relevant Lender deducting the interest payable in respect thereof from the principal amount of such BA Rate Loan. All terms of this Agreement applicable to Bankers’ Acceptances shall apply equally to BA Rate Loans with to be made by a particular Lender shall, at the option of such changes as the Agent may Lender, be evidenced by a promissory note in the context deem form of a depository note made payable originally to be necessaryand deposited with The Canadian Depository for Securities Limited pursuant to the Depository Bills and Notes Act (Canada).

BA Rate Loans. If, in the sole judgment judgement of a Lender, such Lender is unable to extend credit by way of Bankers’ ' Acceptances in accordance with this Agreementagreement, such Lender shall give an irrevocable notice to such effect to the Administrative Agent and the Borrower Kinross Canada prior to 9:00 10:00 a.m. (Toronto time) on the date of the requested credit extension and shall make available to the Borrower Kinross Canada prior to 10:00 11:00 a.m. (Toronto time) on the date of such requested credit extension a Canadian dollar loan (a “"BA Rate Loan”") in the principal amount equal to such Lender’s 's Pro Rata Share of the total credit to be extended by way of Bankers’ ' Acceptances, such BA Rate Loan to be funded in the same manner as a Prime Rate Loan is funded pursuant to Sections 3.2 Section 3.02 and 3.33.03. Such BA Rate Loan shall have the same term as the Bankers’ ' Acceptances for which it is a substitute and shall bear such rate of interest per annum throughout the term thereof as shall permit such Lender to obtain the same effective rate as if such Lender had accepted and purchased a Bankers’ ' Acceptance at the same acceptance fee and pricing at which the Agent a Schedule II Lender would have accepted and purchased, on the bid side of the market, purchased such Bankers’ ' Acceptance at approximately 11:00 a.m. (Toronto time) on the date such BA Rate Loan is made, on the basis that, and the Borrower Kinross Canada hereby agrees that, for such a BA Rate Loan, interest shall be payable in advance on the date of the extension of credit by the Lender deducting the interest payable in respect thereof from the principal amount of such BA Rate Loan. All terms of this Agreement applicable to Bankers’ Acceptances shall apply equally to BA Rate Loans with to be made by a particular Lender shall, at the option of such changes as the Agent may Lender, be evidenced by a promissory note in the context deem form of a depository note made payable originally to be necessaryand deposited with The Canadian Depository for Securities Limited pursuant to the Depository Bills and Notes Act (Canada).

BA Rate Loans. If, in the sole judgment judgement of a Lender, such Lender is unable to extend credit by way of Bankers’ Acceptances in accordance with this Agreementagreement, such Lender shall give an irrevocable notice to such effect to the Administrative Agent and the Borrower prior to 9:00 10:00 a.m. (Toronto time) on the date of the requested credit extension and shall make available to the Borrower prior to 10:00 11:00 a.m. (Toronto time) on the date of such requested credit extension a Canadian dollar loan (a “BA Rate Loan”) in the principal amount equal to such Lender’s Pro Rata Share of the total credit to be extended by way of Bankers’ Acceptances, such BA Rate Loan to be funded in the same manner as a Prime Rate Loan is funded pursuant to Sections Section 3.2 and 3.3. Such BA Rate Loan shall have the same term as the Bankers’ Acceptances for which it is a substitute and shall bear such rate of interest per annum throughout the term thereof as shall permit such Lender to obtain the same effective rate as if such Lender had accepted and purchased a Bankers’ Acceptance at the same acceptance fee and pricing at which the Agent a Schedule II Lender would have accepted and purchased, on the bid side of the market, purchased such Bankers’ Acceptance at approximately 11:00 a.m. (Toronto time) on the date such BA Rate Loan is made, on the basis that, and the Borrower hereby agrees that, for such a BA Rate Loan, interest shall be payable in advance on the date of the extension of credit by the relevant Lender deducting the interest payable in respect thereof from the principal amount of such BA Rate Loan. All terms of this Agreement applicable to Bankers’ Acceptances shall apply equally to BA Rate Loans with to be made by a particular Lender shall, at the option of such changes as the Agent may Lender, be evidenced by a promissory note in the context deem form of a depository note made payable originally to be necessaryand deposited with The Canadian Depository for Securities Limited pursuant to the Depository Bills and Notes Act (Canada).

BA Rate Loans. If, in the sole judgment judgement of a Lender, such Lender is unable to extend credit by way of Bankers’ ' Acceptances in accordance with this Agreementagreement, such Lender shall give an irrevocable notice to such effect to the Agent and the Borrower Borrowers prior to 9:00 10:00 a.m. (Toronto time) on the date of the requested credit extension and shall make available to the applicable Borrower prior to 10:00 11:00 a.m. (Toronto time) on the date of such requested credit extension a Canadian dollar loan (a “BA Rate Loan”) in the principal amount equal to such Lender’s 's Pro Rata Share of the total credit to be extended by way of Bankers’ ' Acceptances, such BA Rate Loan to be funded in the same manner as a Prime Rate Loan is funded pursuant to Sections Section 3.2 and 3.3. Such BA Rate Loan shall have the same term as the Bankers’ ' Acceptances for which it is a substitute and shall bear such rate of interest per annum throughout the term thereof as shall permit such Lender to obtain the same effective rate as if such Lender had accepted and purchased a Bankers’ ' Acceptance at the same acceptance fee and pricing at which the Agent Reference Lenders would have accepted and purchased, on the bid side of the market, purchased such Bankers’ ' Acceptance at approximately 11:00 a.m. (Toronto time) on the date such BA Rate Loan is made, on the basis that, and the Borrower Borrowers hereby agrees agree that, for such a BA Rate Loan, interest shall be payable in advance on the date of the extension of credit by the Lender deducting the interest payable in respect thereof from the principal amount of such BA Rate Loan. All terms of this Agreement applicable to Bankers’ Acceptances shall apply equally to BA Rate Loans with such changes as the Agent may shall be evidenced by a promissory note in the context deem form of a depository note made payable originally to be necessaryand deposited with The Canadian Depository for Securities Limited pursuant to the Depository Bills and Notes Act (Canada).

BA Rate Loans. If, If in the sole judgment judgement of a Lender, such Lender is unable to extend credit by way of Bankers’ Acceptances in accordance with this Agreementagreement, such Lender shall give an irrevocable notice to such effect to the Administrative Agent and the Borrower prior to 9:00 10:00 a.m. (Toronto time) on the date of the requested credit extension and shall make available to the Borrower prior to 10:00 11:00 a.m. (Toronto time) on the date of such requested credit extension a Canadian dollar loan (a “BA Rate Loan”) in the principal amount equal to such Lender’s Pro Rata Share of the total credit to be extended by way of Bankers’ Acceptances, such BA Rate Loan to be funded in the same manner as a Prime Rate Loan is funded pursuant to Sections 3.2 and 3.3. Such If such BA Rate Loan is a substitute for Bankers’ Acceptances, such BA Rate Loan shall have the same term as the such Bankers’ Acceptances for which it is a substitute and Acceptances. A BA Rate Loan shall bear such rate of interest per annum throughout the term thereof as shall permit such Lender to obtain the same effective rate as if such Lender had accepted and purchased a Bankers’ Acceptance at the same acceptance fee and pricing at which the Agent a Schedule II Lender would have accepted and purchased, on the bid side of the market, purchased such Bankers’ Acceptance at approximately 11:00 a.m. (Toronto time) on the date such BA Rate Loan is made, on the basis that, and the Borrower hereby agrees that, for such a BA Rate Loan, interest shall be payable in advance on the date of the extension of credit by the relevant Lender deducting the interest payable in respect thereof from the principal amount of such BA Rate Loan. All terms of this Agreement applicable to Bankers’ Acceptances shall apply equally to BA Rate Loans with to be made by a particular Lender shall, at the option of such changes as the Agent may Lender, be evidenced by a promissory note in the context deem form of a depository note made payable originally to be necessaryand deposited with The Canadian Depository for Securities Limited pursuant to the Depository Bills and Notes Act (Canada).

BA Rate Loans. If, in the sole judgment judgement of a Lender, such Lender is unable to extend credit by way of Bankers’ ' Acceptances in accordance with this Agreementagreement, such Lender shall give an irrevocable notice to such effect to the Administrative Agent and the relevant Borrower prior to 9:00 10:00 a.m. (Toronto time) on the date of the requested credit extension and shall make available to the such Borrower prior to 10:00 11:00 a.m. (Toronto time) on the date of such requested credit extension a Canadian dollar loan (a “BA Rate Loan”) in the principal amount equal to such Lender’s 's Pro Rata Share of the total credit to be extended by way of Bankers’ ' Acceptances, such BA Rate Loan to be funded in the same manner as a Prime Rate Loan is funded pursuant to Sections Section 3.2 and 3.3. Such BA Rate Loan shall have the same term as the Bankers’ ' Acceptances for which it is a substitute and shall bear such rate of interest per annum throughout the term thereof as shall permit such Lender to obtain the same effective rate as if such Lender had accepted and purchased a Bankers’ ' Acceptance at the same acceptance fee and pricing at which the Agent a Schedule II Lender would have accepted and purchased, on the bid side of the market, purchased such Bankers’ ' Acceptance at approximately 11:00 a.m. (Toronto time) on the date such BA Rate Loan is made, on the basis that, and the each Borrower hereby agrees that, for such a BA Rate Loan, interest shall be payable in advance on the date of the extension of credit by the relevant Lender deducting the interest payable in respect thereof from the principal amount of such BA Rate Loan. All terms of this Agreement applicable to Bankers’ Acceptances shall apply equally to BA Rate Loans with to be made by a particular Lender shall, at the option of such changes as the Agent may Lender, be evidenced by a promissory note in the context deem form of a depository note made payable originally to be necessaryand deposited with The Canadian Depository for Securities Limited pursuant to the Depository Bills and Notes Act (Canada).

BA Rate Loans. If, in the sole judgment judgement of a Lender, such Lender is unable to extend credit by way of Bankers’ Acceptances in accordance with this Agreementagreement, such Lender shall give an irrevocable notice to such effect to the Agent and the Borrower Borrowers prior to 9:00 10:00 a.m. (Toronto time) on the date of the requested credit extension and shall make available to the applicable Borrower prior to 10:00 11:00 a.m. (Toronto time) on the date of such requested credit extension a Canadian dollar loan (a “BA Rate Loan”) in the principal amount equal to such Lender’s Pro Rata Share of the total credit to be extended by way of Bankers’ Acceptances, such BA Rate Loan to be funded in the same manner as a Prime Rate Loan is funded pursuant to Sections 3.2 Section 3.02 and 3.33.03. Such BA Rate Loan shall have the same term as the Bankers’ Acceptances for which it is a substitute and shall bear such rate of interest per annum throughout the term thereof as shall permit such Lender to obtain the same effective rate as if such Lender had accepted and purchased a Bankers’ Acceptance at the same acceptance fee and pricing at which the Agent Reference Lenders would have accepted and purchased, on the bid side of the market, purchased such Bankers’ Acceptance at approximately 11:00 a.m. (Toronto time) on the date such BA Rate Loan is made, on the basis that, and the Borrower Borrowers hereby agrees agree that, for such a BA Rate Loan, interest shall be payable in advance on the date of the extension of credit by the Lender deducting the interest payable in respect thereof from the principal amount of such BA Rate Loan. All terms of this Agreement applicable to Bankers’ Acceptances shall apply equally to BA Rate Loans with such changes as the Agent may shall be evidenced by a promissory note in the context deem form of a depository note made payable originally to be necessaryand deposited with The Canadian Depository for Securities Limited pursuant to the Depository Bills and Notes Act (Canada).

BA Rate Loans. If, in the sole judgment judgement of a Canadian Lender, such Canadian Lender is unable to extend credit by way of Bankers’ Acceptances in accordance with this Agreementagreement, such Canadian Lender shall give an irrevocable notice to such effect to the Agent and the Borrower prior to 9:00 10:00 a.m. (Toronto time) on the date of the requested credit extension and shall make available to the applicable Canadian Borrower prior to 10:00 11:00 a.m. (Toronto time) on the date of such requested credit extension a Canadian dollar loan (a “BA Rate Loan”) in the principal amount equal to such Canadian Lender’s Pro Rata Share of the total credit to be extended by way of Bankers’ Acceptances, such BA Rate Loan to be funded in the same manner as a Prime Rate Loan is funded pursuant to Sections 3.2 and 3.3. Such BA Rate Loan shall have the same term as the Bankers’ Acceptances for which it is a substitute and shall bear such rate of interest per annum throughout the term thereof as shall permit such Canadian Lender to obtain the same effective rate as if such Canadian Lender had accepted and purchased a Bankers’ Acceptance at the same acceptance fee and pricing at which the Agent Reference Lender would have accepted and purchased, on the bid side of the market, purchased such Bankers’ Acceptance at approximately 11:00 a.m. (Toronto time) on the date such BA Rate Loan is made, on the basis that, and the Borrower Canadian Borrowers hereby agrees agree that, for such a BA Rate Loan, interest shall be payable in advance Schedule O 35. on the date of the extension of credit by the Canadian Lender deducting the interest payable in respect thereof from the principal amount of such BA Rate Loan. All terms of this Agreement applicable to Bankers’ Acceptances shall apply equally to BA Rate Loans with such changes as the Agent may shall be evidenced by a promissory note in the context deem form of a depository note made payable originally to be necessaryand deposited with CDS Clearing and Depository Services Inc. pursuant to the Depository Bills and Notes Act (Canada).