Common use of Acceptance and Notice by Borrower Clause in Contracts

Acceptance and Notice by Borrower. Not later than 11:00 a.m. (Boston time) on the requested Drawdown Date, the Borrower shall notify the Agent, and the Agent shall promptly notify each Bank 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 Section 2. 3.1. In the case of an acceptance, such notice shall (i) be substantially in the form of Exhibit E-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 Section Section 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: (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 $1,000,000 or a larger multiple of $500,000, and (C) acceptance of offers may only be made on the basis of ascending Competitive Bid Rates.

Appears in 1 contract

Samples: Revolving Credit Agreement (New England Business Service Inc)

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Acceptance and Notice by Borrower. Not later than 11:00 a.m. (Boston time) on the requested Drawdown Date, the Borrower shall notify the Agent, and the Agent shall promptly notify each Bank with respect to its offerCompetitive Bid Quote, of the Borrower's acceptance or non-acceptance of the offers of which it was notified pursuant to subsection (e) of this Section 2. 3.1. In the case of an acceptance, such notice shall (i) be substantially in the form of Exhibit E-2 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 Competitive Bid Quote for each Interest Period that are accepted. Each acceptance by the Borrower of Competitive Bid Loans Quotes hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in Section Section 9 and 10 hereof 12 have been satisfied on the date of such acceptance. The Borrower may accept any Competitive Bid Quote in whole or in part; provided 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 $1,000,000 5,000,000 or a larger multiple of $500,0001,000,000, and (C) acceptance of offers the Borrower may only be made on the basis of ascending not accept a Competitive Bid RatesQuote made at a particular Competitive Bid Rate if the Borrower rejects a Competitive Bid Quote made at a lower Competitive Bid Rate.

Appears in 1 contract

Samples: Revolving Credit Agreement (Michaels Stores Inc)

Acceptance and Notice by Borrower. Not later than 11:00 a.m. (Boston time) on the requested Drawdown Date, the Borrower shall notify the Agent, and the Agent shall promptly notify each Bank with respect to its offerCompetitive Bid Quote, of the Borrower's acceptance or non-acceptance of the offers of which it was notified pursuant to subsection (e) of this Section 22.3. 3.11. In the case of an acceptance., such notice shall (i) be substantially in the form of Exhibit E-2 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 Competitive Bid Quote for each Interest Period that are accepted. Each acceptance by the Borrower of Competitive Bid Loans Quotes hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in Section Section 9 and 10 hereof 12 have been satisfied on the date of such acceptance. The Borrower may accept any Competitive Bid Quote in whole or in part; provided 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 $1,000,000 5,000,000 or a larger multiple of $500,0001,000,000, and (C) acceptance of offers the Borrower may only be made on the basis of ascending not accept a Competitive Bid RatesQuote made at a particular Competitive Bid Rate if the Borrower rejects a Competitive Bid Quote made at a lower Competitive Bid Rate.

Appears in 1 contract

Samples: Revolving Credit Agreement (Michaels Stores Inc)

Acceptance and Notice by Borrower. Not later than 11:00 a.m. (Boston time) on the requested Drawdown Date, the Borrower shall notify the Agent, and the Agent shall promptly notify each Bank 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 Section 2. 3.1. In the case of an acceptance, such notice shall (i) be substantially in the form of Exhibit E-2 EXHIBIT D-2 attached hereto (a "Notice of Competitive Bid BorrowingNOTICE 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 Section Section Sections 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 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 $1,000,000 2,000,000 or a larger multiple of $500,0001,000,000, and (C) acceptance of offers may only be made on the basis of ascending Competitive Bid Rates.

Appears in 1 contract

Samples: Revolving Credit Agreement (Staples Inc)

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Acceptance and Notice by Borrower. Not later than 11:00 a.m. (Boston time) on the requested Drawdown Date, the Borrower shall notify the Agent, and the Agent shall promptly notify each Bank 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 Section 2sect. 3.12.3.1. In the case of an acceptance, such notice shall (i) be substantially in the form of Exhibit E-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 Section Section 9 sect.sect.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: : (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 $1,000,000 or a larger multiple of $500,000, and and (C) acceptance of offers may only be made on the basis of ascending Competitive Bid Rates.

Appears in 1 contract

Samples: Revolving Credit Agreement (New England Business Service Inc)

Acceptance and Notice by Borrower. Not later than 11:00 a.m. 12:00 P.M. (Boston Eastern time) on the requested Drawdown Dateproposed date of Borrowing, the Borrower shall notify the Agent, and the Administrative Agent shall promptly notify each Bank with respect to of its offer, of the Borrower's acceptance or non-acceptance of the offers of which so notified to it was notified pursuant to subsection (ec) and, in the case of this Section 2. 3.1Competitive Bid Quotes solicited by the Administrative Agent, the Administrative Agent shall further notify each bidding U.S. Lender whether or not its Competitive Bid Quote has been accepted. In the case of an acceptance, each such notice shall (i) be substantially in the form of Exhibit E-2 attached hereto (a "β€œNotice of Competitive Bid Borrowing"), (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 Section Section 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: (Ai) the aggregate principal amount of each Competitive Bid Loan Borrowing may not exceed the applicable amount set forth in the related Invitation for Competitive Bid Quote RequestQuotes, (Bii) the aggregate principal amount of each Competitive Bid Loan Borrowing must be $1,000,000 5,000,000 or a larger multiple of $500,000, and1,000,000, (Ciii) acceptance of offers may only be made on the basis of ascending Competitive Bid RatesRates and without regard to any Competitive Bid Quote submitted by a U.S. Lender that amends, modifies or is otherwise inconsistent with a previous Competitive Bid Quote submitted by such Lender in response to the same Invitation for Competitive Bid Quotes, unless such subsequent Competitive Bid Quote is submitted solely to correct a manifest error in such former Competitive Bid Quote, (iv) the Borrower may not accept any offer that is described in subsection (c)(iii) or that otherwise fails to comply with the requirements of this Agreement, and (v) the absence of timely acceptance by the Borrower in accordance with this subsection (d) shall constitute rejection of all related Competitive Bid Quotes.

Appears in 1 contract

Samples: Credit Agreement (Aramark Corp/De)

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