MADE SUCH AMOUNT AVAILABLE TO BOA CANADA IN
IMMEDIATELY AVAILABLE FUNDS ON THE BORROWING DATE NO LATER THAN 10:00 A.M.
(TORONTO TIME) AND BOA CANADA MAY (BUT SHALL NOT BE SO REQUIRED), IN RELIANCE
UPON SUCH ASSUMPTION, MAKE AVAILABLE TO THE CANADIAN COMPANY ON SUCH DATE A
CORRESPONDING AMOUNT.
IF AND TO THE EXTENT ANY CANADIAN LENDER SHALL NOT HAVE
MADE ITS FULL AMOUNT AVAILABLE TO BOA CANADA IN IMMEDIATELY AVAILABLE FUNDS AND
BOA CANADA IN SUCH CIRCUMSTANCES HAS MADE AVAILABLE TO THE CANADIAN COMPANY SUCH
AMOUNT, THEN SUCH CANADIAN LENDER SHALL ON OR BEFORE 10:00 A.M. (TORONTO TIME)
THE NEXT BUSINESS DAY FOLLOWING THE DATE OF SUCH BORROWING MAKE SUCH AMOUNT
AVAILABLE TO BOA CANADA, TOGETHER WITH INTEREST AT THE CDOR RATE FOR AND
DETERMINED AS OF EACH DAY DURING SUCH PERIOD.
A NOTICE OF BOA CANADA SUBMITTED
TO ANY CANADIAN LENDER WITH RESPECT TO AMOUNTS OWING UNDER THIS SUBSECTION
2.13A(A) SHALL BE CONCLUSIVE, ABSENT MANIFEST ERROR.
IF SUCH AMOUNT IS SO MADE
AVAILABLE, SUCH PAYMENT TO BOA CANADA SHALL CONSTITUTE SUCH CANADIAN LENDER'S
LOAN ON THE DATE OF BORROWING FOR ALL PURPOSES OF THIS AGREEMENT.
IF SUCH
AMOUNT IS NOT MADE AVAILABLE TO BOA CANADA ON OR BEFORE 10:00 A.M. (TORONTO
TIME) THE NEXT BUSINESS DAY FOLLOWING THE DATE OF SUCH BORROWING, BOA CANADA
SHALL NOTIFY THE CANADIAN COMPANY OF SUCH FAILURE TO FUND AND, UPON DEMAND BY
BOA CANADA, THE CANADIAN COMPANY SHALL PAY SUCH AMOUNT TO BOA CANADA FOR BOA
CANADA'S ACCOUNT, TOGETHER WITH INTEREST THEREON FOR EACH DAY ELAPSED SINCE THE
DATE OF SUCH BORROWING, AT A RATE PER ANNUM EQUAL TO THE INTEREST RATE
APPLICABLE AT THE TIME TO THE LOANS COMPRISING SUCH BORROWING.
(B)
THE FAILURE OF ANY CANADIAN LENDER TO MAKE ANY LOAN ON ANY
BORROWING DATE, OR FUND ANY PARTICIPATION IN CANADIAN LETTERS OF CREDIT, SHALL
NOT RELIEVE ANY OTHER CANADIAN LENDER OF ANY OBLIGATION HEREUNDER TO MAKE A LOAN
ON SUCH BORROWING DATE OR FUND SUCH PARTICIPATIONS, BUT NO CANADIAN LENDER SHALL
BE RESPONSIBLE FOR THE FAILURE OF ANY OTHER CANADIAN LENDER TO MAKE THE LOAN TO
BE MADE BY SUCH OTHER CANADIAN LENDER ON THE DATE OF ANY BORROWING OR TO FUND
ANY SUCH PARTICIPATION.
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2.14.
SHARING OF PAYMENTS, ETC. FOR U.S. LENDERS
If, other than as expressly provided elsewhere herein, any U.S. Lender shall
receive on account of the Loans made by it, or the participations in Letters of
Credit or in Swing Line Loans held by it, any payment (whether voluntary,
involuntary, through the exercise of any right of set-off, or otherwise) in
excess of its Commitment Percentage of payments on account of the Loans or
participations received by all the U.S. Lenders, such U.S. Lender shall
forthwith (a) notify the Administrative Agent of such fact, and (b) purchase
from the other U.S. Lenders such participations in the Loans made by them and/or
subparticipations in Letters of Credit or Swing Line Loans held by them, as the
case may be, as shall be necessary to