Creation of Acceptances. (a) The Canadian Borrower may request the creation of Acceptances hereunder by submitting to the Canadian Administrative Agent at its office specified in subsection 17.2 prior to 11:00 A.M., Toronto time, two Business Days prior to the requested Borrowing Date, (i) a request for acceptances (each, a "Request for Acceptances") completed in a manner and in form and substance reasonably satisfactory to the Canadian Administrative Agent and specifying, among other things, the Borrowing Date, maturity and face amount of the Drafts to be accepted and discounted, (ii) to the extent not theretofore supplied to each Canadian Lender, a sufficient number of Drafts to be drawn on the Canadian Lenders, to be appropriately completed in accordance with subsection 6.2(d) and (iii) such other certificates, documents and other papers and information as the Canadian Administrative Agent may reasonably request. Upon receipt of any such Request for Acceptances, the Canadian Administrative Agent shall promptly notify each Canadian Lender and the General Administrative Agent of its receipt thereof.
Creation of Acceptances. (a) The Canadian Borrower may request the creation of Acceptances hereunder by submitting to the Canadian Administrative Agent at its office in Canada specified in Section 14.2 prior to 11:00 a.m., Toronto time, two Business Days prior to the requested Borrowing Date, (i) a request for acceptances, substantially in the form of Exhibit A-2 (each, a "Request for Acceptances") completed in a manner and in form and substance reasonably satisfactory to the Canadian Administrative Agent and specifying, among other things, the Borrowing Date, term in months and amount of the Drafts to be accepted and discounted, and (ii) such other certificates, documents and other papers and information as the Canadian Administrative Agent may reasonably request. Upon receipt of any such Request for Acceptances, the Canadian Administrative Agent shall promptly notify each Canadian Lender of details thereof, including each Canadian Lender's share of the amount of Drafts to be accepted and discounted.
Creation of Acceptances. (i) A Borrower shall deliver to an Issuing Bank and the Administrative Agent a signed Request for Acceptance not later than 11:00 a.m. (New York time) on the third Business Day preceding the requested date for creation thereof under this Agreement, or such shorter notice as may be acceptable to such Issuing Bank and the Administrative Agent. Such notice shall be irrevocable.
Creation of Acceptances. (a) The Borrower may request the creation of Acceptances hereunder by submitting to the Administrative Agent at its office specified in Section 11.2 prior to 11:00 A.M., Toronto time, one Business Day prior to the requested Borrowing Date, (i) a request for acceptances (each, a "Request for Acceptances") completed in a manner and in form and substance reasonably satisfactory to the Administrative Agent and specifying, among other things, the Borrowing Date, maturity and amount of the Drafts to be accepted and discounted, (ii) to the extent not theretofore supplied to each Lender, a sufficient number of Drafts to be drawn on the Lenders, to be appropriately completed in accordance with subsection 3.2(d) and (iii) such other certificates, documents and other papers and information as the Administrative Agent may reasonably request. Upon receipt of any such Request for Acceptances, the Administrative Agent shall promptly notify each Lender of its receipt thereof.
Creation of Acceptances. (a) The Canadian Borrower may request the ----------------------- creation of Acceptances hereunder by submitting to the Canadian Administrative Agent at the Canadian Funding Office prior to 11:00 A.M., Toronto time, two Business Days prior to the requested Borrowing Date, (i) a request for acceptances (each, a "Request for Acceptances") completed in a manner and in ----------------------- form and substance reasonably satisfactory to the Canadian Administrative Agent and specifying, among other things, the Borrowing Date, maturity and face amount of the Drafts to be accepted and discounted, (ii) upon the request of the Canadian Administrative Agent on behalf of the Canadian Revolving Credit Lenders, a sufficient number of Drafts to be drawn on the Canadian Revolving Credit Lenders, to be appropriately completed in accordance with Section 5.7(d) and (iii) such other certificates, documents and other papers and information as the Canadian Administrative Agent may reasonably request. Upon receipt of any such Request for Acceptances, the Canadian Administrative Agent shall promptly notify each Canadian Revolving Credit Lender and the General Administrative Agent of its receipt thereof.
Creation of Acceptances. (a) All drafts presented by the Borrower to the Fronting Lender for acceptance by the Fronting Lender as Acceptances pursuant to this Agreement shall be properly executed and drawn by the Borrower. To facilitate the acceptance of Acceptances hereunder, the Borrower shall from time to time as required by the Fronting Lender provide to the Fronting Lender an appropriate number of executed drafts drawn in blank by the Borrower in the form prescribed by the Fronting Lender. The Borrower may, at its option, execute any draft so presented by the facsimile signature or signatures of any one or more designated signing officers of the Borrower, and the Fronting Lender is hereby authorized to accept or pay, as the case may be, any draft of the Borrower which purports to bear such facsimile signature or signatures notwithstanding that any such individual has ceased to be a designated signing officer of the Borrower and any such draft or Acceptance shall be as valid as if such individual were a designated signing officer of the Borrower at the date of issue of such Acceptance. Any such draft or Acceptance may be dealt with by the Fronting Lender for all intents and purposes and shall bind the Borrower as if duly signed in the signing officer's own handwriting and issued by the Borrower. Without limiting the effect of the indemnity provided under Section 11.5 but in addition to such provision, the Borrower will and hereby does undertake to hold the Fronting Lender harmless against, and to indemnify, and the Borrower hereby does agree to indemnify, the Fronting Lender from, all losses, costs, damages and expenses arising out of the payment or negotiation of any such draft or Acceptance on which a facsimile signature has been wrongly affixed, except to the extent caused by the gross negligence or willful misconduct of the Fronting Lender. The Fronting Lender shall not be liable for its failure to accept an Acceptance as required hereunder if the cause of such failure is, in whole or in part, due to the failure of the Borrower to provide executed drafts to the Fronting Lender on a timely basis. Without creating any obligation to effect such a purchase, Acceptances may be purchased by the Fronting Lender and may be held by it for its own account until maturity or sold by it at any time prior thereto in any relevant market therefor in the United States or elsewhere, in the Fronting Lender's sole discretion.
Creation of Acceptances. 46 3.4. Letter of Credit/Banker's Acceptance Participations, Drawings and Reimbursements. . . . . . . . . . . . . . . . . . . . . 47 3.5.
Creation of Acceptances. 19 2.7 Termination or Reduction of Commitment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 2.8 Repayment of Loans; Evidence of Debt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 2.9
Creation of Acceptances. (a) Subject to the terms and conditions hereof, Brookwood may from time to time during the Commitment Period request the Bank to create an Acceptance for the account of any Borrower. Each Acceptance shall be created by the Bank's acceptance and discounting of Drafts drawn on it in accordance with the terms of this Agreement; provided that no such Acceptance shall be created if (i) the amount of such requested Acceptance, together with the amount of the L/C Obligations outstanding at the time of such request, would exceed $1,500,000, (ii) the aggregate outstanding principal amount of the Loans plus the outstanding L/C Obligations (after giving effect to the creation of the requested Acceptance) would exceed the lesser of (1) the Maximum Amount and (2) the Borrowing Base then in effect, or (iii) subsection 2.1 would be violated thereby.
Creation of Acceptances. (a) The Company may request the creation of Acceptances hereunder by submitting to each Bank at its office specified in Schedule I hereto at least two Business Days prior to the requested date of acceptance, (i) a Request for Acceptances, with a copy to the Agent, completed in a manner in form and substance satisfactory to such Bank and specifying, among other things, the date (which must be a Business Day), maturity and amount of the Draft to be accepted, (ii) to the extent not previously supplied to such Bank in accordance with subsection 4.6, a Draft to be drawn on such Bank, appropriately completed in accordance with this subsection 4.2 and (iii) such other certificates, documents and other papers and information as such Bank may reasonably request. Notwithstanding the foregoing, the Company shall not make a Request for Acceptances or submit any Drafts for payment to any Bank hereunder unless (y) the Company shall have simultaneously provided to each other Bank a Request for Acceptances or a Draft, as the case may be, which has a maturity date identical to that provided to each other Bank and an undiscounted face amount equal to such Bank's Commitment Percentage of all Acceptances requested or drawn upon at such time and (z) the undiscounted face amount of all Acceptances requested or drawn upon at such time is the lesser of (i) $250,000 or any greater amount which is a whole multiple of $100,000 in excess thereof or (ii) the then Available Working Capital Commitment.
