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: (i) the aggregate principal amount of each Competitive Bid Loan may not exceed the applicable amount set forth in the related Competitive Bid Quote Request, (ii) the aggregate principal amount of each Competitive Bid Loan must be $10,000,000 or a larger multiple of $5,000,000, and (iii) 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, 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 (e) of this §Section 2. 3.1. In the case of an acceptance, such notice shall (i) be substantially in the form of Exhibit D-2 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: (iA) the aggregate principal amount of each Competitive Bid Loan may not exceed the applicable amount set forth in the related Competitive Bid Quote Request, (iiB) the aggregate principal amount of each Competitive Bid Loan must be $10,000,000 1,000,000 or a larger multiple of $5,000,000500,000, and (iiiC) 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 a.m. than (New York i) 2:00 p.m. (Chicago time) at least three (3) Business Days prior to the proposed Drawdown Borrowing Date andin the case of a request for a Competitive LIBOR Margin or (ii) 10:00 a.m. (Chicago time) on the proposed Borrowing Date, in the case of a request for an Absolute Competitive Bid LoansRate (or, 11:00 a.m. (New York time) on in either case upon reasonable prior notice to the requested Drawdown DateLenders, such other time and date as the Borrower and the Administrative Agent may agree), the Borrower shall notify the Lenders and Administrative AgentAgent of its acceptance or rejection of the offers submitted to it pursuant to Section 2.23(b); provided, however, that the failure by the Borrower to give such notice to the Lenders and Administrative Agent shall be deemed to be a rejection of all such offers. In the case of acceptance, such notice to each Lender 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 accepted and 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 acceptanceapplicable interest rate. The Borrower may accept any Competitive Bid Quote in whole or in partpart (subject to the terms of Section 2.23(b)(iii)); provided that: (i) the aggregate principal amount of each all Competitive Bid Loan Loans to be disbursed on a given Borrowing Date may not exceed the applicable amount set forth in the related Invitation for Competitive Bid Quote RequestQuote, (ii) the aggregate principal amount of each Competitive Bid Loan must be $10,000,000 or a larger multiple of $5,000,000, and (iii) acceptance of offers may only be made on the basis of ascending Competitive Bid LIBOR Margins or Absolute Rates, as the case may be, and (iii) the Borrower may not accept any offer that is described in Section 2.23(b)(iii) or that otherwise fails to comply with the requirements of this Agreement.

Acceptance and Notice by Borrower. Not later than, in the case of Eurocurrency Rate Competitive Bid Loans, 11:00 a.m. than (New York i) 6:00 p.m. (Chicago time) three (3) at least four Business Days prior to the proposed Drawdown Borrowing Date andin the case of a request for a Competitive LIBOR Margin or (ii) 10:00 a.m. (Chicago time) on the proposed Borrowing Date, in the case of a request for an Absolute Competitive Bid LoansRate (or, 11:00 a.m. (New York time) on in either case upon reasonable prior notice to the requested Drawdown DateLenders, such other time and date as the Borrower and the Administrative Agent may agree), the Borrower shall notify the Lenders and Administrative AgentAgent of its acceptance or rejection of the offers submitted to it pursuant to Section 2.23(b); provided, however, that the failure by the Borrower to give such notice to the Lenders and Administrative Agent shall be deemed to be a rejection of all such offers. In the case of acceptance, such notice to each Lender 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 accepted and 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 acceptanceapplicable interest rate. The Borrower may accept any Competitive Bid Quote in whole or in partpart (subject to the terms of Section 2.23(b)(iii)); provided that: (i) the aggregate principal amount of each all Competitive Bid Loan Loans to be disbursed on a given Borrowing Date may not exceed the applicable amount set forth in the related Invitation for Competitive Bid Quote RequestQuote, (ii) the aggregate principal amount of each Competitive Bid Loan must be $10,000,000 or a larger multiple of $5,000,000, and (iii) acceptance of offers may only be made on the basis of ascending Competitive Bid LIBOR Margins or Absolute Rates, as the case may be, and (iii) the Borrower may not accept any offer that is described in Section 2.23(b)(iii) or that otherwise fails to comply with the requirements of this Agreement.

Acceptance and Notice by Borrower. Not later thanthan 10:30 a.m. (Chicago, Illinois time) on (x) the third Business Day prior to the proposed date of Borrowing, in the case of Eurocurrency Rate Competitive Bid Loans, 11:00 a.m. a LIBOR Auction or (New York timey) three (3) Business Days prior to the proposed Drawdown Date anddate of Borrowing, in the case of an Absolute Rate Auction (or, in either case, such other time or date as the Borrower and the Administrative Agent shall have mutually agreed and shall have notified to the Banks not later than the date of the Competitive Bid Loans, 11:00 a.m. (New York time) on Quote Request for the requested Drawdown Datefirst LIBOR Auction or Absolute Rate Auction for which such change is to be effective), 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 of the offers of which so notified to 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) 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: (i) 1. the aggregate principal amount of each Competitive Bid Loan Borrowing may not exceed the applicable amount set forth in the related Competitive Bid Quote Request,; (ii) 2. the aggregate principal amount of each Competitive Bid Loan Borrowing must be $10,000,000 3,000,000 or a larger multiple of $5,000,000, and100,000; (iii) 3. acceptance of offers may only be made on the basis of ascending Competitive Bid Margins or Competitive Bid Absolute Rates, as the case may be; and 4. the Borrower may not accept any offer that is described in subsection (d)(3) or that otherwise fails to comply with the requirements of 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 (e) of this §2sect. 3.12.3.1. In the case of an acceptance, such notice shall (i) be substantially in the form of Exhibit D-2 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 §§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: : (iA) the aggregate principal amount of each Competitive Bid Loan may not exceed the applicable amount set forth in the related Competitive Bid Quote Request, , (iiB) the aggregate principal amount of each Competitive Bid Loan must be $10,000,000 1,000,000 or a larger multiple of $5,000,000500,000, and and (iiiC) acceptance of offers may only be made on the basis of ascending Competitive Bid Rates.