Common use of Acceptance and Notice by Company Clause in Contracts

Acceptance and Notice by Company. Not later than (x) 2:00 p.m. Chicago time at least three Business Days prior to the proposed Borrowing Date, in the case of a Eurodollar Auction or (y) 10:00 a.m. Chicago time on the 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 Administrative Agent may agree), the Company shall notify the Administrative Agent of its acceptance or non-acceptance of the offers so notified to it pursuant to Section 2.3.5; provided, however, that the failure by the Company 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 Company may accept any Competitive Bid Quote in whole or in part; 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 Competitive Bid Margins or Absolute Rates, as the case may be, and (c) the Company may not accept any offer of the type described in Section 2.3.4(c) or that otherwise fails to comply with the requirements of this Agreement.

Acceptance and Notice by Company. Not later than (xi) 2:00 p.m. 11:00 a.m. (Chicago time time) at least three Business Days prior to the proposed Borrowing Date, in the case of a Eurodollar Auction or (yii) 10:00 11:00 a.m. (Chicago time time) on the 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 Administrative Agent may agree), the Company shall notify the Administrative Agent of its acceptance or non-acceptance rejection of the offers so notified to it pursuant to Section 2.3.52.19(E); provided, however, that the failure by the Company 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 Company may accept any Competitive Bid Quote in whole or in partpart (subject to the terms of Section 2.19(D)(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 Competitive Eurodollar Bid Margins Rates or Absolute Rates, as the case may be, and (c) the Company may not accept any offer of the type that is described in Section 2.3.4(c2.19(D)(iii) or that otherwise fails to comply with the requirements of this Agreement.. Sidley Xxxxxx Xxxxx & Xxxx -23-

Acceptance and Notice by Company. Not later than (xi) 2:00 p.m. noon (Chicago time time) at least three (3) Business Days prior to the proposed Borrowing Date, in the case of a Eurodollar Auction or (yii) 10:00 a.m. (Chicago time time) on the proposed Borrowing Date, in the case of an Absolute a Floating Rate Auction (or, in either case upon reasonable prior notice to the BanksU.S. Lenders, such other time and date as the Company and the Global Administrative Agent may agree), the Company shall notify the Global Administrative Agent of its acceptance or non-acceptance rejection of the offers so notified to it pursuant to Section 2.3.53.4(d); provided, however, that the failure by the Company to give such notice to the Global 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 and the Interest Period and Stated Maturity Date of each offer that are is accepted. The Company may accept any Competitive Bid Quote in whole or in partpart (subject to the terms of Section 3.4(c)(ii)(D)); provided that: (ai) the aggregate principal amount of each Competitive Bid Advance may not exceed the applicable amount set forth in the related Competitive Bid Quote Request,; (bii) acceptance of offers may only be made on the basis of ascending Competitive Eurodollar Bid Margins Rates or Absolute Floating Bid Rates, as the case may be, ; and (ciii) the Company may not accept any offer of the type that is described in Section 2.3.4(c3.4(c)(iii) or that otherwise fails to comply with the requirements of this Agreement.

Acceptance and Notice by Company. Not later than (xi) 2:00 p.m. 11:00 a.m. -------------------------------- (Chicago time time) at least three Business Days prior to the proposed Borrowing Date, in the case of a Eurodollar Auction or (yii) 10:00 11:00 a.m. (Chicago time time) on the 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 Administrative Agent may agree), the Company shall notify the Administrative Agent of its acceptance or non-acceptance rejection of the offers so notified to it pursuant to Section 2.3.52.19(E); provided, however, that the failure by the Company 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 Company may accept any Competitive Bid Quote in whole or in partpart (subject to the terms of Section 2.19(D)(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 Competitive Eurodollar Bid Margins Rates or Absolute Rates, as the case may be, and (c) the Company may not accept any offer of the type that is described in Section 2.3.4(c2.19(D)(iii) or that otherwise fails to comply with the requirements of this Agreement.