Acceptance by Xxxxxxxx Sample Clauses

Acceptance by Xxxxxxxx. (i) Not later than 11:30 a.m. Eastern time (x) on the proposed date of borrowing, in the case of an Absolute Rate Auction and (y) on the date 3 U.S. Government Securities Business Days prior to the proposed date of borrowing, in the case of a LIBORSOFR Auction, the Borrower shall notify the Administrative Agent of its acceptance or nonacceptance of the Bid Rate Quotes so notified to it pursuant to Section 2.2.(d). which notice shall be in the form of Exhibit N. In the case of acceptance, such notice shall specify the aggregate principal amount of Bid Rate Quotes for each Interest Period that are accepted. The failure of the Borrower to give such notice by such time shall constitute nonacceptance. The Borrower may accept any Bid Rate Quote in whole or in part; provided that: (A) the aggregate principal amount of each Bid Rate Borrowing may not exceed the applicable amount set forth in the related Bid Rate Quote Request; (B) the aggregate principal amount of each Bid Rate Borrowing shall comply with the provisions of Section 2.2.(b)(ii) and together with all other Bid Rate Loans then outstanding shall not cause the limits specified in Section 2.16. to be violated; (C) acceptance of Bid Rate Quotes may be made only in ascending order of Absolute Rates or LIBORSOFR Margins, as applicable, in each case beginning with the lowest rate so offered; (D) any acceptance in part by the Borrower shall be in a minimum amount of $5,000,000 and integral multiples of $1,000,000 in excess thereof; and (E) the Borrower may not accept any Bid Rate Quote that fails to comply with Section 2.2.(c) or otherwise fails to comply with the requirements of this Agreement. (ii) If Bid Rate Quotes are made by two or more Revolving Lenders with the same Absolute Rates or LIBORSOFR Margins, as applicable, for a greater aggregate principal amount than the amount in respect of which Bid Rate Quotes are permitted to be accepted for the related Interest Period, the principal amount of Bid Rate Loans in respect of which such Bid Rate Quotes are accepted shall be allocated by the Administrative Agent among such Revolving Lenders in proportion to the aggregate principal amount of such Bid Rate Quotes. Determinations by the Administrative Agent of the amounts of Bid Rate Loans shall be conclusive in the absence of manifest error.

Acceptance by Xxxxxxxx. Customer’s acceptance is limited to acceptance of ThermoFab’s Terms and Conditions, and XxxxxxXxx hereby objects to and rejects any proposal by Customer for additional or different terms, whether contained in Customer’s Purchase Order or otherwise. If Customer proposes additional or different terms which relate to the description, quantity, price or delivery schedule of the goods (whether contained in Customer’s Purchase Order or otherwise), ThermoFab’s Terms and Conditions shall supersede and be controlling, and ThermoFab’s Terms and Conditions will be deemed accepted by Customer without Customer’s changes or additions to such Terms and Conditions. ThermoFab's acceptance of the Customer’s Purchase Order is expressly conditional on Customer's assent to ThermoFab’s Terms and Conditions which shall be superseding. Customer and XxxxxxXxx agree that, notwithstanding the prior or subsequent use by Customer of any order form, invoice or other document containing printed terms or conditions, such other additional or different terms and conditions shall be of no force and effect. The Parties expressly acknowledge that they are contracting solely on the basis of ThermoFab’s Terms and Conditions, which contain the entire understanding of the Parties and is intended as a final expression of their agreement and a complete statement of the terms thereof, and may not be amended, modified or otherwise supplemented unless such amendments, modifications or supplements are in writing and signed by ThermoFab's CEO. A provision contained in any order form, invoice or other document used by Customer (whether prior or subsequent to the date of this order) which is inconsistent with any provision contained herein or as contained in ThermoFab’s Terms and Conditions will have no force or effect and will not be binding on XxxxxxXxx unless such provision is specifically signed by ThermoFab's CEO.