Common use of Acceptance and Notice by the Borrower Clause in Contracts

Acceptance and Notice by the Borrower. Not later than (a) 2:00 p.m. (Chicago time) at least three Business Days prior to the proposed Borrowing Date, in the case of a Eurocurrency Auction denominated in Dollars, (b) 2:00 p.m. (Chicago time) at least five Business Days prior to the proposed Borrowing Date, in the case of a Eurocurrency Auction denominated in an Alternative Currency or (c) 10:00 a.m. (Chicago time) on the proposed Borrowing Date, in the case of an Absolute Rate Auction, the Borrower shall notify each Lender of its acceptance or rejection of the offers so notified to it pursuant to Section 2.3.3; Provided, however, that the failure by the Borrower to give such notice to any Lender shall be deemed to be a rejection by the Borrower of all such offers made by such Lender. 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 Borrower may accept or reject any Competitive Bid Quote in whole or in part (subject to the terms of Section 2.3.3(ii)(d)); provided that:

Appears in 2 contracts

Samples: Credit Agreement (Servicemaster LTD Partnership), Credit Agreement (Servicemaster LTD Partnership)

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Acceptance and Notice by the Borrower. Not later than (ax) 2:00 p.m. 10:00 a.m. (Chicago time) at least three two Business Days prior to the proposed Borrowing Date, in the case of a Eurocurrency Auction denominated in Dollars, (b) 2:00 p.m. (Chicago time) at least five Business Days prior to the proposed Borrowing Date, in the case of or a Eurocurrency EURIBOR Auction denominated in an Alternative Currency or (cy) 10:00 a.m. (Chicago time) on the proposed Borrowing Date, in the case of an Absolute Rate AuctionAuction (or, in either case upon reasonable prior notice to the Banks, such other time and date as the Borrower and the Administrative Agent may agree), the Borrower shall notify each Lender the Administrative Agent of its acceptance or rejection non-acceptance of any or all of the offers so notified to it pursuant to Section 2.3.33.05; Providedprovided, however, that the failure by the Borrower to give such notice to the Administrative Agent with respect to any Lender such offer shall be deemed to be a rejection by the Borrower of all such offers made by such Lenderoffer. In the case of acceptance, such notice (a "“Notice of Competitive Bid Borrowing Notice"Borrowing”) shall be substantially in the form of Exhibit 3.06 hereto and shall specify the aggregate principal amount of offers for each Interest Period that are accepted. The Borrower may accept or reject any Competitive Bid Quote in whole or in part (subject to the terms of Section 2.3.3(ii)(d))part; provided that:

Appears in 2 contracts

Samples: Credit Agreement (Baxter International Inc), Credit Agreement (Baxter International Inc)

Acceptance and Notice by the Borrower. Not later than (ax) 2:00 p.m. 10:00 a.m. (Chicago timeLocal Time) at least three two Business Days prior to the proposed Borrowing Date, in the case of a Eurocurrency Auction denominated in Dollars, (b) 2:00 p.m. (Chicago time) at least five Business Days prior to the proposed Borrowing Date, in the case of or a Eurocurrency EURIBOR Auction denominated in an Alternative Currency or (cy) 10:00 a.m. (Chicago time) on the proposed Borrowing Date, in the case of an Absolute Rate AuctionAuction (or, in either case upon reasonable prior notice to the Banks, such other time and date as the Borrower and the Administrative Agent may agree), the Borrower shall notify each Lender the Administrative Agent of its acceptance or rejection non-acceptance of any or all of the offers so notified to it pursuant to Section 2.3.33.05; Providedprovided, however, that the failure by the Borrower to give such notice to the Administrative Agent with respect to any Lender such offer shall be deemed to be a rejection by the Borrower of all such offers made by such Lenderoffer. In the case of acceptance, such notice (a "“Notice of Competitive Bid Borrowing Notice"Borrowing”) shall be substantially in the form of Exhibit 3.06 hereto and shall specify the aggregate principal amount of offers for each Interest Period that are accepted. The Borrower may accept or reject any Competitive Bid Quote in whole or in part (subject to the terms of Section 2.3.3(ii)(d))part; provided that:

Appears in 1 contract

Samples: Credit Agreement (Baxter International Inc)

Acceptance and Notice by the Borrower. Not Subject to the receipt of the notice from the Administrative Agent referred to in Section 2.3.5, not later than (ai) 2:00 p.m. 10:45 a.m. (Chicago time) at least three Business Days prior to the proposed Borrowing Date, in the case of a Eurocurrency Eurodollar Auction denominated in Dollars, (b) 2:00 p.m. (Chicago time) at least five Business Days prior to the proposed Borrowing Date, in the case of a Eurocurrency Auction denominated in an Alternative Currency or (cii) 10:00 a.m. (Chicago time) on the proposed Borrowing Date, in the case of an Absolute Rate Auction, the Borrower shall notify each Lender the Administrative Agent of its acceptance or rejection of the offers so notified to it pursuant to Section 2.3.32.3.5; Providedprovided, however, that the failure by the Borrower to give such notice to any Lender the Administrative Agent shall be deemed to be a rejection by the Borrower of all such offers made by such Lenderoffers. 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 Borrower may accept or reject any Competitive Bid Quote in whole or in part (subject to the terms of Section 2.3.3(ii)(d2.3.4(ii)(d)); provided that:

Appears in 1 contract

Samples: Credit Agreement (Northern Border Partners Lp)

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Acceptance and Notice by the Borrower. Not later than (ai) 2:00 p.m. (Chicago time) at least three Business Days prior to the proposed Borrowing Date, in the case of a Eurocurrency Auction denominated in Dollars, (bii) 2:00 p.m. (Chicago time) at least five Business Days prior to the proposed Borrowing Date, in the case of a Eurocurrency Auction denominated in an Alternative Currency or (ciii) 10:00 a.m. (Chicago time) on the proposed Borrowing Date, in the case of an Absolute Rate Auction, the Borrower shall notify each Lender of its acceptance or rejection of the offers so notified submitted to it pursuant to Section 2.3.32.03(c); Providedprovided, however, that the failure by the Borrower to give such notice to any Lender shall be deemed to be a rejection by the Borrower of all such offers made by such Lender. 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 Borrower may accept or reject any Competitive Bid Quote in whole or in part (subject to the terms of Section 2.3.3(ii)(d2.03(c)(ii)(D)); provided that:

Appears in 1 contract

Samples: Assignment Agreement (Servicemaster Co)

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