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

Acceptance and Notice by the Borrower. Not later than (x) 9:30 a.m., Los Angeles time on the third Business Day prior to the proposed date of the borrowing, in the case of a LIBOR Auction or (y) 8:00 a.m., Los Angeles time on the proposed date of the borrowing, in the case of a Base Rate Auction, CD Rate Auction or an Absolute Rate Auction (or, in either case upon reasonable prior notice to the Lenders, such other time and date as the Borrower and the Administrative Agent may agree), the Borrower shall notify the Administrative Agent by telecopy at its Office of its acceptance or nonacceptance of the Competitive Bid Loan Quotes so notified to it pursuant to Section 2.03(e) hereof (and the failure of the Borrower to give such notice by such time shall constitute nonacceptance) and the Administrative Agent shall promptly notify each affected Lender in accordance with Section 2.03(h) hereof. In the case of acceptance, such notice shall specify the aggregate principal amount of Competitive Bid Loan Quotes for each Interest Period that are accepted. The Borrower may accept one or more Competitive Bid Loan Quotes in whole or in part (provided that any Competitive Bid Loan Quote accepted in part shall be a Dollar Equivalent of at least $5,000,000 or a higher integral multiple of $1,000,000, to the extent practical in the case of Eurocurrency Loans); provided that: (i) The aggregate principal amount of each Competitive Bid Borrowing may not exceed the applicable amount set forth in the related Competitive Bid Loan Quote Request; (ii) The aggregate principal amount of each Competitive Bid Borrowing shall be a Dollar Equivalent of at least $5,000,000 (or a higher integral multiple of $1,000,000); (iii) Acceptance of offers may be made only in ascending yield order of LIBOR-based Margins, CD Rate Margins, Base Rate Margins or Absolute Rates, as the case may be; and

Acceptance and Notice by the Borrower. Not Subject to the receipt of the notice from the Agent referred to in Section 2.2.5, not later than (xi) 9:30 a.m., Los Angeles time on the third 3:00 p.m. (New York time) at least three Business Day Days prior to the proposed date of the borrowingBorrowing Date, in the case of a LIBOR Eurodollar Auction or (yii) 8:00 a.m., Los Angeles time 11:00 a.m. (New York time) on the proposed date of the borrowingBorrowing Date, in the case of a Base Rate Auction, CD Rate Auction or an Absolute Rate Auction (or, in either case upon reasonable prior notice to the Lenders, such other time and date as the Borrower and the Administrative Agent may agree)Auction, the Borrower shall notify the Administrative Agent by telecopy at its Office of its acceptance or nonacceptance rejection of the Competitive Bid Loan Quotes offers so notified to it pursuant to Section 2.03(e) hereof (and 2.2.5; provided, however, that the failure of by the Borrower to give such notice by such time shall constitute nonacceptance) and to the Administrative Agent shall promptly notify each affected Lender in accordance with Section 2.03(h) hereofbe deemed to be a rejection of all such offers. In the case of acceptance, such notice (a "Competitive Bid Borrowing Notice") shall be irrevocable and shall specify the aggregate principal amount of Competitive Bid Loan Quotes offers for each Interest Period that are accepted. The Borrower may accept one or more reject any Competitive Bid Loan Quotes Quote in whole or in part (provided that any Competitive Bid Loan Quote accepted in part shall be a Dollar Equivalent of at least $5,000,000 or a higher integral multiple of $1,000,000, subject to the extent practical in the case terms of Eurocurrency LoansSection 2.2.4(b)(iv)); provided that: that (ia) The the aggregate principal amount of each Competitive Bid Borrowing Advance may not exceed the applicable amount set forth in the related Competitive Bid Loan Quote Request; (iib) The aggregate principal amount acceptance of each offers for any Competitive Bid Borrowing shall be a Dollar Equivalent of at least $5,000,000 (or a higher integral multiple of $1,000,000); (iii) Acceptance of offers Advance with otherwise identical terms may only be made only in on the basis of ascending yield order of LIBOR-based Margins, CD Rate Margins, Base Rate Competitive Bid Margins or Absolute Rates, as the case may be; and(c) the Borrower may not accept any offer of the type described in Section 2.2.4(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; and (d) after giving effect to such Competitive Bid Advance, the sum of the aggregate principal amount of all outstanding Revolving Loans plus all Competitive Bid Advances shall not exceed the Commitment Amount.

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 (xi) 9:30 a.m., Los Angeles time on the third 10:00 a.m. (Chicago time) at least three Business Day Days prior to the proposed date of the borrowingBorrowing Date, in the case of a LIBOR Eurodollar Auction or (yii) 8:00 a.m., Los Angeles time 10:00 a.m. (Chicago time) on the proposed date of the borrowingBorrowing Date, in the case of a Base Rate Auction, CD Rate Auction or an Absolute Rate Auction (or, in either case upon reasonable prior notice to the Lenders, such other time and date as the Borrower and the Administrative Agent may agree)Auction, the Borrower shall notify the Administrative Agent by telecopy at its Office of its acceptance or nonacceptance rejection of the Competitive Bid Loan Quotes offers so notified to it pursuant to Section 2.03(e) hereof (and 2.3.5; provided, however, that the failure of by the Borrower to give such notice by such time shall constitute nonacceptance) and to the Administrative Agent shall promptly notify each affected Lender in accordance with Section 2.03(h) hereofbe 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 Competitive Bid Loan Quotes offers for each Interest Period that are accepted. The Borrower may accept one or more reject any Competitive Bid Loan Quotes Quote in whole or in part (provided that any Competitive Bid Loan Quote accepted in part shall be a Dollar Equivalent of at least $5,000,000 or a higher integral multiple of $1,000,000, subject to the extent practical in the case terms of Eurocurrency LoansSection 2.3.4(ii)(d)); provided that: (ia) The the aggregate principal amount of each Competitive Bid Borrowing Advance may not exceed the applicable amount set forth in the related Competitive Bid Loan Quote Request; ; (iib) The aggregate principal amount acceptance of each offers for any Competitive Bid Borrowing shall be a Dollar Equivalent of at least $5,000,000 (or a higher integral multiple of $1,000,000); (iii) Acceptance of offers Advance with otherwise identical terms may only be made only in on the basis of ascending yield order of LIBOR-based Margins, CD Rate Margins, Base Rate Competitive Bid Margins or Absolute Rates, as the case may be; (c) the Borrower may not accept any offer of the type described in Section 2.3.4(iii) or that otherwise fails to comply with the requirements of this Agreement for the purpose of obtaining a Competitive Bid Loan under this Agreement; and (d) after giving effect to such Competitive Bid Advance, the sum of the Letter of Credit Liabilities plus the aggregate principal amount of all outstanding Committed Advances plus all Competitive Bid Advances shall not exceed the Aggregate Commitment.

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 (xi) 9:30 a.m., Los Angeles time on the third 10:45 a.m. (Chicago time) at least three Business Day Days prior to the proposed date of the borrowingBorrowing Date, in the case of a LIBOR Eurodollar Auction or (yii) 8:00 a.m., Los Angeles time 10:00 a.m. (Chicago time) on the proposed date of the borrowingBorrowing Date, in the case of a Base Rate Auction, CD Rate Auction or an Absolute Rate Auction (or, in either case upon reasonable prior notice to the Lenders, such other time and date as the Borrower and the Administrative Agent may agree)Auction, the Borrower shall notify the Administrative Agent by telecopy at its Office of its acceptance or nonacceptance rejection of the Competitive Bid Loan Quotes offers so notified to it pursuant to Section 2.03(e) hereof (and 2.3.5; provided, however, that the failure of by the Borrower to give such notice by such time shall constitute nonacceptance) and to the Administrative Agent shall promptly notify each affected Lender in accordance with Section 2.03(h) hereofbe 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 Competitive Bid Loan Quotes offers for each Interest Period that are accepted. The Borrower may accept one or more reject any Competitive Bid Loan Quotes Quote in whole or in part (provided that any Competitive Bid Loan Quote accepted in part shall be a Dollar Equivalent of at least $5,000,000 or a higher integral multiple of $1,000,000, subject to the extent practical in the case terms of Eurocurrency LoansSection 2.3.4(ii)(d)); provided that: (ia) The the aggregate principal amount of each Competitive Bid Borrowing Advance may not exceed the applicable amount set forth in the related Competitive Bid Loan Quote Request; ; (iib) The aggregate principal amount acceptance of each offers for any Competitive Bid Borrowing shall be a Dollar Equivalent of at least $5,000,000 (or a higher integral multiple of $1,000,000); (iii) Acceptance of offers Advance with otherwise identical terms may only be made only in on the basis of ascending yield order of LIBOR-based Margins, CD Rate Margins, Base Rate Competitive Bid Margins or Absolute Rates, as the case may be; (c) the Borrower may not accept any offer of the type described in Section 2.3.4(iii) or that otherwise fails to comply with the requirements of this Agreement for the purpose of obtaining a Competitive Bid Loan under this Agreement; and (d) after giving effect to such Competitive Bid Advance, the aggregate principal amount of all outstanding Advances shall not exceed the Aggregate Commitment and the requirements of the provisos of the last sentences of Sections 2.1.1 and 2.2.1 shall be satisfied.

Acceptance and Notice by the Borrower. Not later than 2:00 p.m. (xAtlanta time) 9:30 a.m., Los Angeles time on the third at least three Business Day Days prior to the proposed date of the borrowingBorrowing Date, in the case of a LIBOR Eurocurrency Auction or denominated in Dollars, (yii) 8:00 a.m., Los Angeles time on 2:00 p.m. (Atlanta time) at least five Business Days prior to the proposed date of the borrowingBorrowing Date, in the case of a Base Rate AuctionEurocurrency Auction denominated in an Alternative Currency or (iii) 11:00 a.m. (Atlanta time) on the proposed Borrowing Date, CD Rate Auction or 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 Borrower and the Administrative Agent may agree)Auction, the Borrower shall notify the Administrative Agent by telecopy at its Office each Lender of its acceptance or nonacceptance rejection of the Competitive Bid Loan Quotes offers so notified submitted to it pursuant to Section 2.03(e) hereof (and 2.03(c); PROVIDED, HOWEVER, that the failure of 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 time shall constitute nonacceptance) and the Administrative Agent shall promptly notify each affected Lender in accordance with Section 2.03(h) hereofLender. In the case of acceptance, such notice (a "COMPETITIVE BID BORROWING NOTICE") shall specify the aggregate principal amount of Competitive Bid Loan Quotes offers for each Interest Period that are accepted. The Borrower may accept one or more reject any Competitive Bid Loan Quotes Quote in whole or in part (provided that any Competitive Bid Loan Quote accepted in part shall be a Dollar Equivalent of at least $5,000,000 or a higher integral multiple of $1,000,000, subject to the extent practical in the case terms of Eurocurrency LoansSection 2.03(c)(iii)(D)); provided PROVIDED that: (iA) The the aggregate principal amount of each Competitive Bid Borrowing Advance may not exceed the applicable amount set forth in the related Competitive Bid Loan Quote Request; ; (iiB) The aggregate principal amount of each Competitive Bid Borrowing shall be a Dollar Equivalent of at least $5,000,000 (or a higher integral multiple of $1,000,000); (iii) Acceptance acceptance of offers may only be made only in on the basis of ascending yield order of LIBOR-based Margins, CD Rate Margins, Base Rate Competitive Bid Margins or Absolute Rates, as the case may be; and (C) the Borrower may not accept any offer of the type described in Section 2.03(c)(iii) or that otherwise fails to comply with the requirements of this Agreement for the purpose of obtaining a Competitive Bid Loan under this Agreement.

Acceptance and Notice by the Borrower. Not later than (x) 9:30 a.m., Los Angeles time on the third 10:00 a.m. (Local Time) at least two Business Day Days prior to the proposed date of the borrowingBorrowing Date, in the case of a LIBOR Eurocurrency Auction or a EURIBOR Auction or (y) 8:00 a.m., Los Angeles time 10:00 a.m. (Chicago time) on the proposed date of the borrowingBorrowing Date, in the case of a Base Rate Auction, CD Rate Auction or an Absolute Rate Auction (or, in either case upon reasonable prior notice to the LendersBanks, such other time and date as the Borrower and the Administrative Agent may agree), the Borrower shall notify the Administrative Agent by telecopy at its Office of its acceptance or nonacceptance non-acceptance of any or all of the Competitive Bid Loan Quotes offers so notified to it pursuant to Section 2.03(e) hereof (and 3.05; provided, however, that the failure of by the Borrower to give such notice by such time shall constitute nonacceptance) and to the Administrative Agent with respect to any such offer shall promptly notify each affected Lender in accordance with Section 2.03(h) hereofbe deemed to be a rejection of such offer. In the case of acceptance, such notice (a “Notice of Competitive Bid Borrowing”) shall be substantially in the form of Exhibit 3.06 hereto and shall specify the aggregate principal amount of Competitive Bid Loan Quotes offers for each Interest Period that are accepted. The Borrower may accept one or more any Competitive Bid Loan Quotes Quote in whole or in part (provided that any Competitive Bid Loan Quote accepted in part shall be a Dollar Equivalent of at least $5,000,000 or a higher integral multiple of $1,000,000, to the extent practical in the case of Eurocurrency Loans)part; provided that: (ia) The the aggregate principal amount of each Competitive Bid Borrowing Advances may not exceed the applicable amount set forth in the related Competitive Bid Loan Quote Request; , (iib) The aggregate principal amount of each Competitive Bid Borrowing shall be a Dollar Equivalent of at least $5,000,000 (or a higher integral multiple of $1,000,000); (iii) Acceptance acceptance of offers may only be made only in on the basis of ascending yield order of LIBOR-based Margins, CD Rate Margins, Base Rate Competitive Bid Margins or Absolute Rates, as the case may be; , starting with the lowest and continuing with the next lowest until offers in the aggregate amount specified by the Borrower for acceptance shall have been accepted, and (c) the Borrower may not accept any offer that is described in Section 3.04(c) or that otherwise fails to comply with the requirements of this Agreement.