Canadian Agent. Bank of America, N.A. (acting through its Canada branch), as the Canadian Agent under the Credit Agreement.
Canadian Agent. ..46 Section 9.1. Appointment, Powers, and Immunities...................................................46 Section 9.2. Reliance by Canadian Agent............................................................47 Section 9.3. Defaults..............................................................................47 Section 9.4. Rights as Lender......................................................................47 Section 9.5. Indemnification.......................................................................48 Section 9.6. Non-Reliance on Canadian Agent and Other Lenders......................................48 Section 9.7. Rights as Lender......................................................................48 Section 9.8. Sharing of Set-Offs and Other Payments................................................48 Section 9.9. Investments...........................................................................49 Section 9.10. Benefit of Article IX.................................................................49 Section 9.11. Resignation...........................................................................49 Section 9.12. Lenders to Remain Pro Rata............................................................50
Canadian Agent. With respect to local funding procedures described herein, Bank of America-Canada Branch in its capacity as Canadian agent under any of the Loan Documents, and with respect to any other provisions set forth herein, Bank of America, and in each case, any successor Canadian Agent.
Canadian Agent. INCLUDE ONLY IF ASSIGNOR IS CANADIAN AGENT
Canadian Agent. All rights to indemnification, exculpation, expense reimbursement and other rights of the Agent provided for in this Article 10 and elsewhere in this Agreement and the other Loan Documents shall apply also to the Canadian Agent.
Canadian Agent. For the purposes of Section 10.1 and Section 10.2 only, all references to the Administrative Agent shall include the Canadian Agent in the case of the Canadian Borrowers.
Canadian Agent. 141 9.2 Rights as a Bank. 141 9.3 Exculpatory Provisions. 142 9.4 Reliance by Administrative Agent and Canadian Agent. 143 9.5 Delegation of Duties. 143 Section Page
Canadian Agent. Unless the Canadian Agent shall have received notice from the Canadian Borrower prior to the date on which any payment is due to the Canadian Agent for the account of the Canadian Banks hereunder that the Canadian Borrower will not make such payment, the Canadian Agent may assume that the Canadian Borrower has made such payment on such date in accordance herewith and may, in reliance upon such assumption, distribute to the Canadian Banks the amount due. In such event, if the Canadian Borrower has not in fact made such payment, then each of the Canadian Banks severally agrees to repay to the Canadian Agent forthwith on demand the amount so distributed to such Canadian Bank, with interest thereon, for each day from and including the date such amount is distributed to it to but excluding the date of payment to the Canadian Agent, at the greater of the Canadian Prime Rate and a rate determined by the Canadian Agent in accordance with banking industry rules on interbank compensation.
Canadian Agent. Each of the Canadian Banks, the Administrative Agent and the Canadian Issuing Banks hereby irrevocably appoints PNC Bank Canada Branch to act on its behalf as the Canadian Agent hereunder and under the other Loan Documents and authorizes the Canadian Agent to take such actions on its behalf and to exercise such powers as are delegated to the Canadian Agent by the terms hereof or thereof, together with such actions and powers as are reasonably incidental thereto. The provisions of this Section 9 are solely for the benefit of the Administrative Agent, the Canadian Agent, the Banks and the Issuing Banks, and neither any Borrower nor any other Loan Party shall have rights as a third party beneficiary of any of such provisions.
Canadian Agent. The Canadian Agent has been appointed to act as the Canadian Agent hereunder by the Canadian Lenders and, by their acceptance of the benefits hereof, the other Canadian Secured Parties. The Canadian Agent shall be obligated, and shall have the right hereunder, to make demands, to give notices, to exercise or refrain from exercising any rights, and to take or refrain from taking any action (including, without limitation, the release or substitution of Collateral), solely in accordance with this Agreement and the Credit Agreement. In furtherance of the foregoing provisions of this Section, each Canadian Secured Party, by its acceptance of the benefits hereof, agrees that it shall have no right individually to realize upon any of the Collateral hereunder, it being understood and agreed by such Canadian Secured Party that all rights and remedies hereunder may be exercised solely by the Canadian Agent for the benefit of Canadian Secured Parties in accordance with the terms of this Section. The Canadian Agent may resign at any time by giving thirty (30) days’ prior written notice thereof to Canadian Lenders and the Grantors, and the Canadian Agent may be removed at any time with or without cause by an instrument or concurrent instruments in writing delivered to the Grantors and the Canadian Agent signed by the Requisite Lenders holding more than 50% of the outstanding Commitments under the Credit Agreement. Upon any such notice of resignation or any such removal, Requisite Lenders shall have the right, upon five (5) Business Days’ notice to the Canadian Agent, following receipt of the Grantors’ consent (which shall not be unreasonably withheld or delayed and which shall not be required while an Event of Default exists), to appoint a successor Canadian Agent. Upon the acceptance of any appointment as Canadian Agent hereunder by a successor Canadian Agent, that successor Canadian Agent shall thereupon succeed to and become vested with all the rights, powers, privileges and duties of the retiring or removed Canadian Agent under this Agreement, and the retiring or removed Canadian Agent under this Agreement shall promptly (i) transfer to such successor Canadian Agent all sums, Securities and other items of Collateral held hereunder, together with all records and other documents necessary or appropriate in connection with the performance of the duties of the successor Canadian Agent under this Agreement, and (ii) execute and deliver to such successor Canadian Agent o...
