Common use of Acceptance and Notice by Borrower Clause in Contracts

Acceptance and Notice by Borrower. Not later than (a) 11:00 a.m. (New York time) at least three Business Days prior to the proposed Borrowing Date, in the case of a Eurodollar Auction or (b) 11:00 a.m. (New York time) on the 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 Agent of its acceptance or rejection of the offers so notified to it pursuant to 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 all such offers. In the case of acceptance, such notice (a “Competitive Bid Borrowing Notice”) shall specify the aggregate principal amount of offers for each Interest Period that are accepted. The Requesting Borrower may accept any Competitive Bid Quote in whole or in part (subject to the terms of Section 2.3.4(b)(iv)); 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 Requesting 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.

Appears in 2 contracts

Samples: Five Year Credit Agreement (Nationwide Financial Services Inc/), Five Year Credit Agreement (Nationwide Financial Services Inc/)

AutoNDA by SimpleDocs

Acceptance and Notice by Borrower. Not later than (a) 11:00 a.m. (New York time) at least three Business Days prior to the proposed Borrowing Date, in the case of a Eurodollar Auction or (b) 11:00 a.m. (New York time) Detroit time on the proposed Borrowing Date, in the case date 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)a Borrowing, the Requesting Borrower Treasury Manager shall notify the Agent of its the Designated Borrower's acceptance or rejection non-acceptance of the offers so notified to it pursuant to subsection (e) of this Section 2.3.5; providedand the Agent shall, however, that the failure by the Requesting Borrower to give promptly upon receiving such notice to from the Agent shall be deemed to be a rejection of all such offersTreasury Manager, notify each Bank whose Bid-Option Quote has been accepted. In the case of acceptance, such notice (a “Competitive Bid Borrowing Notice”"Notice of Bid-Option Loan") shall specify the aggregate principal amount of offers for each the applicable Interest Period Period(s) that are have been accepted. The Requesting Borrower may accept any Competitive Bid Bid-Option Quote in whole or in part (subject to the terms of Section 2.3.4(b)(iv))part; provided that: (ai) the aggregate principal amount of each Competitive Bid Advance Bid-Option Loan may not exceed the applicable amount set forth in the related Competitive Bid Bid-Option Quote Request,Request for the applicable Bid-Option Interest Period; (bii) the principal amount of each Bid-Option Loan must be $5,000,000 or a larger multiple of $1,000,000; (iii) acceptance of offers may only be made on the basis of ascending Eurodollar Bid Rates or Absolute Bid-Option Rates, as the case may be, ; and (civ) the Requesting Borrower may not accept any offer that is described in Section 2.3.4(c2.2(d)(iii) or that otherwise fails to comply with the requirements of this Agreement.

Appears in 2 contracts

Samples: Loan Agreement (Invacare Corp), Loan Agreement (Invacare Corp)

Acceptance and Notice by Borrower. Not later than (a) 11:00 a.m. (New York time) at least three Business Days prior to the proposed Borrowing Date, in the case of a Eurodollar Auction or (b) 11:00 a.m. (New York time) Detroit time on the proposed Borrowing Date, in the case date 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)a Borrowing, the Requesting Borrower Treasury Manager shall notify the Agent of its the Designated Borrower's acceptance or rejection non-acceptance of the offers so notified to it pursuant to subsection (e) of this Section 2.3.5; providedand the Agent shall, however, that the failure by the Requesting Borrower to give promptly upon receiving such notice to from the Agent shall be deemed to be a rejection of all such offersTreasury Manager, notify each Bank whose Bid-Option Quote has been accepted. In the case of acceptance, such notice (a “Competitive Bid Borrowing Notice”"Notice of Bid-Option Loan") shall specify the aggregate principal amount of offers for each the applicable Interest Period Period(s) that are have been accepted. The Requesting Borrower may accept any Competitive Bid Bid-Option Quote in whole or in part (subject to the terms of Section 2.3.4(b)(iv))part; provided that: (ai) the aggregate principal amount of each Competitive Bid Advance Bid-Option Loan may not exceed the applicable amount set forth in the related Competitive Bid Bid-Option Quote Request,Request for the applicable Bid-Option Interest Period; (bii) the principal amount of each Bid-Option Loan must be $5,000,000 or a larger multiple of $1,000,000; (iii) acceptance of offers may only be made on the basis of ascending Eurodollar Bid Rates or Absolute Bid-Option Rates, as the case may be, ; and (civ) the Requesting Borrower may not accept any offer that is described in Section 2.3.4(c) or 2.2(d)(iii)or that otherwise fails to comply with the requirements of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Invacare Corp)

Acceptance and Notice by Borrower. Not later than (ai) 11:00 10:00 a.m. (New York San Francisco time) at least three Business Days prior to the proposed Borrowing Date, in the case of a Eurodollar Auction Auction, or (bii) 11:00 10:00 a.m. (New York San Francisco time) on the proposed Borrowing Date, in the case of an Absolute Rate Auction (or, in either case upon reasonable prior notice to the LendersApplicable Banks, such other time and date as the Requesting Borrower and the Administrative Agent may agree), the Requesting Borrower shall notify the Administrative Agent of its acceptance or rejection of the offers so notified to it pursuant to Section 2.3.5; provided, however, that the failure by the Requesting Borrower to give such notice to the Administrative Agent shall be deemed to be a rejection of all such offers. In the case of acceptance, such notice (a "Competitive Bid Borrowing Notice") shall specify the aggregate principal amount of offers for each Interest Period that are accepted. The Requesting Borrower may accept any Competitive Bid Quote in whole or in part (subject to the terms of Section 2.3.4(b)(iv2.3.4(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 ; and (c) the Requesting 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.

Appears in 1 contract

Samples: Credit Agreement (Nike Inc)

Acceptance and Notice by Borrower. Not later than (a) 11:00 9:00 a.m. (New York time) at least three Business Days prior to the proposed Borrowing Date, in the case of a Eurodollar Auction or (b) 11:00 a.m. (New York time) Chicago time on the proposed Borrowing Date, in the case date 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)a Borrowing, the Requesting Borrower shall notify the Administrative Agent of its the Borrower's acceptance or rejection non-acceptance of the offers so notified to it pursuant to subsection (e) of this Section 2.3.5; providedand the Administrative Agent shall, however, that the failure by the Requesting Borrower to give promptly upon receiving such notice to from the Agent shall be deemed to be a rejection of all such offersBorrower, notify each Lender whose Bid-Option Quote has been accepted. In the case of acceptance, such notice (a “Competitive Bid Borrowing Notice”"Notice of Bid-Option Loan") shall specify the aggregate principal amount of offers for each the applicable Interest Period Period(s) that are have been accepted. The Requesting Borrower may accept any Competitive Bid Bid-Option Quote in whole or in part (subject to the terms of Section 2.3.4(b)(iv))part; provided that: (ai) the aggregate principal amount of each Competitive Bid Advance Bid-Option Loan may not exceed the applicable amount set forth in the related Competitive Bid Bid-Option Quote Request,Request for the applicable Bid-Option Interest Period; (bii) the principal amount of each Bid-Option Loan must be $3,000,000 or a larger multiple of $500,000; (iii) acceptance of offers may only be made on the basis of ascending Eurodollar Bid Rates or Absolute Bid-Option Rates, as the case may be, ; and (civ) the Requesting Borrower may not accept any offer that is described in Section 2.3.4(c2.2(d)(iii) or that otherwise fails to comply with the requirements of this Agreement.

Appears in 1 contract

Samples: Short Term Credit Agreement (National Auto Credit Inc /De)

AutoNDA by SimpleDocs

Acceptance and Notice by Borrower. Not later than (ai) 11:00 10:30 a.m. (New York time) Chicago time at least three Eurocurrency Business Days prior to the proposed Borrowing Datedate, in the case of a Eurodollar Eurocurrency Auction or (bii) 11:00 10:30 a.m. (New York time) Chicago time on the proposed Borrowing Datedate, 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)Auction, the Requesting Borrower Treasury Manager shall notify the Agent of its the Designated Borrower's acceptance or rejection non-acceptance of the offers so notified to it pursuant to subsection (e) of this Section 2.3.5; provided, however, that the failure by the Requesting Borrower Treasury Manager to give such notice to the Agent shall be deemed to be a rejection of all such offers. In the case of acceptance, such notice (a “Competitive Bid Borrowing Notice”"Notice of Bid-Option Loan") shall specify the aggregate principal amount of offers for each the applicable Interest Period Period(s) that are have been accepted. The Requesting Borrower may accept any Competitive Bid Bid-Option Quote in whole or in part (subject to the terms of Section 2.3.4(b)(iv))part; provided that: (ai) the aggregate principal amount of each Competitive Bid Advance Bid-Option Loan may not exceed the applicable amount set forth in the related Competitive Bid Bid-Option Quote Request,Request for the applicable Bid-Option Interest Period; (bii) the principal amount of each Bid-Option Loan must be $5,000,000 or a larger multiple of $1,000,000; (iii) acceptance of offers may only be made on the basis of ascending Eurodollar Eurocurrency Bid Rates or Absolute Rates, as the case may be, ; and (civ) the Requesting Borrower may not accept any offer that is described in Section 2.3.4(c2.2(d)(iii) or that otherwise fails to comply with the requirements of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Invacare Corp)

Acceptance and Notice by Borrower. Not later than (a) 11:00 a.m. (New York time) at least three Business Days prior to the proposed Borrowing DateCleveland, in the case of a Eurodollar Auction or (b) 11:00 a.m. (New York time) Ohio, time on the proposed Borrowing Date, in the case date 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)Offshore Currency Loan, the Requesting Borrower Authorized Officer shall notify the Agent of its Borrower's acceptance or rejection non-acceptance of the any offers so notified to it pursuant to Section 2.3.5; providedsubsection (e) of this SECTION 2.7 and Agent shall, howeverpromptly upon receiving notice from the Authorized Officer, that the failure by the Requesting Borrower to give such notice to the Agent shall be deemed to be a rejection of all such offersnotify each Lender whose Bid-Option Quote has been accepted. In the case of acceptance, such notice (a “Competitive Bid Borrowing Notice”"Notice of Offshore Currency Loan") shall specify the aggregate principal amount of offers for each the applicable LIBOR Interest Period that are Period(s) have been accepted. The Requesting Borrower may accept any Competitive Bid Bid-Option Quote in whole or in part (subject to the terms of Section 2.3.4(b)(iv))part; provided that: (ai) the aggregate principal amount of each Competitive Bid Advance Offshore Currency Loan may not exceed the applicable amount set forth in the related Competitive Bid Bid-Option Quote Request,Request for the applicable LIBOR Interest Period; (bii) the principal amount of each Offshore Currency Loan must be the Dollar Equivalent of $3,000,000 or a larger multiple of the Dollar Equivalent of $1,000,000; (iii) acceptance of offers may only be made on the basis of ascending Eurodollar Bid Rates or Absolute Bid-Option Rates, as the case may be, ; and (civ) the Requesting Borrower may not accept any offer that is described in Section 2.3.4(cSECTION 2.7(d) (iii) or that otherwise fails to comply with the requirements of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Duriron Co Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!