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SWY » Topics » 4.9 Circumstances Making Acceptances Unavailable .

This excerpt taken from the SWY 8-K filed Jun 7, 2005.

4.9 Circumstances Making Acceptances Unavailable.

 

If Administrative Agent determines in good faith, which determination shall be final, conclusive and binding upon Canada Safeway, and notifies Canada Safeway and each Canadian Lender that, by reason of circumstances affecting the money market (i) there is no market for Acceptances; or (ii) the demand for Acceptances is insufficient to allow the sale or trading of the Acceptances created and purchased hereunder; then:

 

(a) the right of Canada Safeway to request a Drawing shall be suspended until Administrative Agent determines that the circumstances causing such suspension no longer exist and Administrative Agent so notifies Canada Safeway; and

 

(b) any Drawing Notice which is outstanding shall be cancelled and the Drawing requested therein shall not be made.

 

Administrative Agent shall promptly notify Canada Safeway of the suspension of its right to request a Drawing and of the termination of any such suspension.

 

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