Common use of Acceptance and Notice by Borrower Clause in Contracts

Acceptance and Notice by Borrower. Not later than, in the case of Eurocurrency Rate Competitive Bid Loans, 11:00 a.m. (New York time) three (3) Business Days prior to the proposed Drawdown Date and, in the case of Absolute Competitive Bid Loans, 11:00 a.m. (New York time) on the requested Drawdown Date, the Borrower shall notify the Administrative Agent, and the Administrative Agent shall promptly notify each Lender with respect to its offer, of the Borrower’s acceptance or non-acceptance of the offers of which it was notified pursuant to subsection (e) of this §2.3.1. In the case of an acceptance, such notice shall (i) be substantially in the form of Exhibit D-2 attached hereto (a “Notice of Competitive Bid Borrowing”), (ii) be irrevocable by the Borrower, and (iii) specify the aggregate principal amount of offers for each Interest Period that are accepted. Each acceptance by the Borrower of Competitive Bid Loans hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §§9 and 10 hereof have been satisfied on the date of such acceptance. The Borrower may accept any Competitive Bid Quote in whole or in part; provided that:

Acceptance and Notice by Borrower. Not later than, in the case of Eurocurrency Rate Competitive Bid Loans, than (a) 11:00 a.m. (New York time) at least three (3) Business Days prior to the proposed Drawdown Date andBorrowing Date, in the case of Absolute Competitive Bid Loans, a Eurodollar Auction or (b) 11:00 a.m. (New York time) on the requested Drawdown proposed Borrowing Date, in the case of an Absolute Rate Auction (or, in either case upon reasonable prior notice to the Lenders, such other time and date as the Requesting Borrower and the Agent may agree), the Requesting Borrower shall notify the Administrative Agent, and the Administrative Agent shall promptly notify each Lender with respect to of its offer, of the Borrower’s acceptance or non-acceptance rejection of the offers of which so notified to it was notified pursuant to subsection (e) Section 2.3.5; provided, however, that the failure by the Requesting Borrower to give such notice to the Agent shall be deemed to be a rejection of this §2.3.1all such offers. In the case of an acceptance, such notice shall (i) be substantially in the form of Exhibit D-2 attached hereto (a “Notice of Competitive Bid BorrowingBorrowing Notice”), (ii) be irrevocable by the Borrower, and (iii) shall specify the aggregate principal amount of offers for each Interest Period that are accepted. Each acceptance by the Borrower of Competitive Bid Loans hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §§9 and 10 hereof have been satisfied on the date of such acceptance. The Requesting Borrower may accept any Competitive Bid Quote in whole or in partpart (subject to the terms of Section 2.3.4(b)(iv)); provided that:

Acceptance and Notice by Borrower. Not later than, in the case of Eurocurrency Rate Competitive Bid Loans, 11:00 than (a) 10:00 a.m. (New York Chicago time) at least three (3) Business Days prior to the proposed Drawdown Date andBorrowing Date, in the case of Absolute Competitive Bid Loans, 11:00 a Eurodollar Auction or (b) 10:00 a.m. (New York Chicago time) on the requested Drawdown proposed Borrowing Date, in the case of an Absolute Rate Auction (or, in either case upon reasonable prior notice to the Lenders, such other time and date as the Borrower and the Administrative Agent may agree), the Borrower shall notify the Administrative AgentAgent of its acceptance or rejection of the offers so notified to it pursuant to Section 2.3.5; provided, and however, that the failure by the Borrower to give such notice to the Administrative Agent shall promptly notify each Lender with respect be deemed to its offer, be a rejection of the Borrower’s acceptance or non-acceptance of the offers of which it was notified pursuant to subsection (e) of this §2.3.1all such offers. In the case of an acceptance, such notice shall (i) be substantially in the form of Exhibit D-2 attached hereto (a “Notice of Competitive åCompetitive Bid Borrowing”), (iiBorrowing Noticeæ) be irrevocable by the Borrower, and (iii) shall specify the aggregate principal amount of offers for each Interest Period that are accepted. Each acceptance by the Borrower of Competitive Bid Loans hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §§9 and 10 hereof have been satisfied on the date of such acceptance. The Borrower may accept any Competitive Bid Quote in whole or in partpart (subject to the terms of Section 2.3.4(b)(iv)); provided that:

Acceptance and Notice by Borrower. Not later than, in the case of Eurocurrency Rate Competitive Bid Loans, 11:00 than (i) 10:00 a.m. (New York San Francisco time) at least three (3) Business Days prior to the proposed Drawdown Date andBorrowing Date, in the case of Absolute Competitive Bid Loans, 11:00 a Eurodollar Auction or (ii) 10:00 a.m. (New York San Francisco time) on the requested Drawdown proposed Borrowing Date, in the case of an Absolute Rate Auction (or, in either case upon reasonable prior notice to the Banks, such other time and date as the Company and the Agent may agree), the Borrower shall notify the Administrative Agent, and the Administrative Agent shall promptly notify each Lender with respect to of its offer, of the Borrower’s acceptance or non-acceptance rejection of the offers of which so notified to it was notified pursuant to subsection (e) Section 2.3.5; provided, however, that the failure by the Borrower to give such notice to the Agent shall be deemed to be a rejection of this §2.3.1all such offers. In the case of an acceptance, such notice shall (i) be substantially in the form of Exhibit D-2 attached hereto (a “Notice of "Competitive Bid Borrowing”), (iiBorrowing Notice") be irrevocable by the Borrower, and (iii) shall specify the aggregate principal amount of offers for each Interest Period that are accepted. Each acceptance by the Borrower of Competitive Bid Loans hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §§9 and 10 hereof have been satisfied on the date of such acceptance. The Borrower may accept any Competitive Bid Quote in whole or in partpart (subject to the terms of Section 2.3.4(ii)(d)); provided that:: (a) the aggregate principal amount of each Competitive Bid Advance may not exceed the applicable amount set forth in the related Competitive Bid Quote Request; (b) acceptance of offers may only be made on the basis of ascending Eurodollar Bid Rates or Absolute Rates, as the case may be; and (c) the Borrower may not accept any offer that is described in Section 2.3.4(iii) or that otherwise fails to comply with the requirements of this Agreement for the purpose of obtaining a Competitive Bid Loan under this Agreement.

Acceptance and Notice by Borrower. Not later than, in the case of Eurocurrency Rate Competitive Bid Loans, than 11:00 a.m. (New York time) three (3) Business Days prior to the proposed Drawdown Date and, in the case of Absolute Competitive Bid Loans, 11:00 a.m. (New York Boston time) on the requested Drawdown Date, the Borrower shall notify the Administrative Agent, and the Administrative Agent shall promptly notify each Lender Bank with respect to its offer, of the Borrower’s 's acceptance or non-acceptance of the offers of which it was notified pursuant to subsection (ef) of this §2.3.1Section 2.9.1. In the case of an acceptance, such notice shall (i) be substantially in the form of Exhibit D-2 D-5 attached hereto (a “"Notice of Competitive Bid Borrowing”"), (ii) be irrevocable by the Borrower, and (iii) specify the aggregate principal amount of offers for each Interest Period that are accepted. Each acceptance by the Borrower of Competitive Bid Loans hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §§9 Sections 10 and 10 11 hereof have been satisfied on the date of such acceptance. The Borrower may accept any Competitive Bid Quote in whole or in part; provided that:: (A) the aggregate principal amount of each Competitive Bid Loan may not exceed the applicable amount set forth in the related Competitive Bid Quote Request, (B) the aggregate principal amount of each Competitive Bid Loan must be $2,000,000 or a larger multiple of $1,000,000, and (C) acceptance of offers may only be made on the basis of ascending Competitive Bid Rates.

Acceptance and Notice by Borrower. Not later than, in the case of Eurocurrency Rate Competitive Bid Loans, 11:00 than ------------------------------------- (a) 10:00 a.m. (New York Chicago time) at least three (3) Business Days prior to the proposed Drawdown Date andBorrowing Date, in the case of Absolute Competitive Bid Loans, 11:00 a Eurodollar Auction or (b) 10:00 a.m. (New York Chicago time) on the requested Drawdown proposed Borrowing Date, in the case of an Absolute Rate Auction (or, in either case upon reasonable prior notice to the Lenders, such other time and date as the Borrower and the Agent may agree), the Borrower shall notify the Administrative Agent, and the Administrative Agent shall promptly notify each Lender with respect to of its offer, of the Borrower’s acceptance or non-acceptance rejection of the offers of which so notified to it was notified pursuant to subsection (e) Section 2.3.5; provided, however, ------------- -------- ------- that the failure by the Borrower to give such notice to the Agent shall be deemed to be a rejection of this §2.3.1all such offers. In the case of an acceptance, such notice shall (i) be substantially in the form of Exhibit D-2 attached hereto (a “Notice of "Competitive Bid Borrowing”), (iiBorrowing Notice") be irrevocable by the Borrower, and (iii) shall specify the aggregate principal amount of offers for each Interest Period that are accepted. Each acceptance by the Borrower of Competitive Bid Loans hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §§9 and 10 hereof have been satisfied on the date of such acceptance. The Borrower may accept any Competitive Bid Quote in whole or in partpart (subject to the terms of Section 2.3.4(b)(iv)); provided that:: --------------------- --------

Acceptance and Notice by Borrower. Not later than, in the case of Eurocurrency Rate Competitive Bid Loans, 11:00 than (i) 10:00 a.m. (New York San Francisco time) at least three (3) Business Days prior to the proposed Drawdown Date andBorrowing Date, in the case of Absolute Competitive Bid Loansa Eurodollar Auction, 11:00 or (ii) 10:00 a.m. (New York San Francisco time) on the requested Drawdown proposed Borrowing Date, in the case of an Absolute Rate Auction (or, in either case upon reasonable prior notice to the Applicable Banks, such other time and date as the Borrower and the Administrative Agent may agree), the Borrower shall notify the Administrative AgentAgent of its acceptance or rejection of the offers so notified to it pursuant to Section 2.3.5; provided, and however, that the failure by the Borrower to give such notice to the Administrative Agent shall promptly notify each Lender with respect be deemed to its offer, be a rejection of the Borrower’s acceptance or non-acceptance of the offers of which it was notified pursuant to subsection (e) of this §2.3.1all such offers. In the case of an acceptance, such notice shall (i) be substantially in the form of Exhibit D-2 attached hereto (a “Notice of "Competitive Bid Borrowing”), (iiBorrowing Notice") be irrevocable by the Borrower, and (iii) shall specify the aggregate principal amount of offers for each Interest Period that are accepted. Each acceptance by the Borrower of Competitive Bid Loans hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §§9 and 10 hereof have been satisfied on the date of such acceptance. The Borrower may accept any Competitive Bid Quote in whole or in partpart (subject to the terms of Section 2.3.4(b)(v)); provided that:: (a) the aggregate principal amount of each Competitive Bid Advance may not exceed the applicable amount set forth in the related Competitive Bid Quote Request; (b) acceptance of offers may only be made on the basis of ascending Eurodollar Bid Rates or Absolute Rates, as the case may be; and (c) the Borrower may not accept any offer that is described in Section 2.3.4(c) or that otherwise fails to comply with the requirements of this Agreement for the purpose of obtaining a Competitive Bid Loan under this Agreement. 2.3.7.

Acceptance and Notice by Borrower. Not later than, in the case of Eurocurrency Rate Competitive Bid Loans, 11:00 than (a) 10:00 a.m. (New York Chicago time) at least three (3) Business Days prior to the proposed Drawdown Date andBorrowing Date, in the case of Absolute Competitive Bid Loans, 11:00 a Eurodollar Auction or (b) 10:00 a.m. (New York Chicago time) on the requested Drawdown proposed Borrowing Date, in the case of an Absolute Rate Auction (or, in either case, upon reasonable prior notice to the Lenders, such earlier time and date as the Borrower and the Administrative Agent may agree), the Borrower shall notify the Administrative AgentAgent of its acceptance or rejection of the offers so notified to it pursuant to Section 2.3.5; provided, and however, that the failure by the Borrower to give such notice to the Administrative Agent shall promptly notify each Lender with respect be deemed to its offer, be a rejection of the Borrower’s acceptance or non-acceptance of the offers of which it was notified pursuant to subsection (e) of this §2.3.1all such offers. In the case of an acceptance, such notice shall (i) be substantially in the form of Exhibit D-2 attached hereto (a “Notice of "Competitive Bid Borrowing”), (iiBorrowing Notice") be irrevocable by the Borrower, and (iii) shall specify the aggregate principal amount of offers for each Interest Period that are accepted. Each acceptance by the Borrower of Competitive Bid Loans hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §§9 and 10 hereof have been satisfied on the date of such acceptance. The Borrower may accept any Competitive Bid Quote in whole or in partpart (subject to the terms of Section 2.3.4(b)(iv)); provided that:

Acceptance and Notice by Borrower. Not later than, in the case of Eurocurrency Rate Competitive Bid Loans, --------------------------------- than (a) 11:00 a.m. (New York Chicago time) at least three (3) Business Days prior to the proposed Drawdown Date andBorrowing Date, in the case of Absolute Competitive Bid Loans, a Eurodollar Auction or (b) 11:00 a.m. (New York Chicago time) on the requested Drawdown proposed Borrowing Date, in the case of an Absolute Rate Auction (or, in either case upon reasonable prior notice to the Lenders, such other time and date as the Borrower and the Agent may agree), the Borrower shall notify the Administrative Agent, and the Administrative Agent shall promptly notify each Lender with respect to of its offer, of the Borrower’s acceptance or non-acceptance rejection of the offers of which so notified to it was notified pursuant to subsection (e) Section 2.3.5; provided, however, that ------------- the failure by the Borrower to give such notice to the Agent shall be deemed to be a rejection of this §2.3.1all such offers. In the case of an acceptance, such notice shall (i) be substantially in the form of Exhibit D-2 attached hereto (a “Notice of "Competitive Bid Borrowing”), (iiBorrowing Notice") be irrevocable by the Borrower, and (iii) -------------------------------- shall specify the aggregate principal amount of offers for each Interest Period that are accepted. Each acceptance by the Borrower of Competitive Bid Loans hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §§9 and 10 hereof have been satisfied on the date of such acceptance. The Borrower may accept any Competitive Bid Quote in whole or in part; provided that:any