Common use of Bid Loan Requests Clause in Contracts

Bid Loan Requests. Except as otherwise provided herein, any Borrower may from time to time prior to the Expiration Date request that the Banks make Bid Loans by delivery to the Agent not later than 10:00 A.M. New York time of a duly completed request therefor substantially in the form of Exhibit 2.08(a) hereto or a request by telephone immediately confirmed in writing by letter, facsimile, email, or telex (each, a "Bid Loan Request") at least three (3) Business Days prior to the proposed Bid Loan Borrowing Date if the applicable Borrower is requesting Fixed Rate Bid Loans and four (4) Business Days prior to the proposed Bid Loan Borrowing Date if the applicable Borrower is requesting Euro-Rate Bid Loans of one, two, three, or six months' duration. Each Bid Loan Request shall be irrevocable and shall specify (i) the identity of the applicable Borrower; (ii) the respective Approved Currency for such Loan; (iii) the proposed Bid Loan Borrowing Date; (iv) whether the applicable Borrower is electing the Bid Loan Fixed Rate Option or the Bid Loan LIBOR Option; (v) the term of the proposed Bid Loan (the "Bid Loan Interest Period"), which may be no less than seven (7) day(s) and no longer than one hundred eighty (180) days if the applicable Borrower is requesting a Fixed Rate Bid Loan and one, two, three, or six months if the applicable Borrower is requesting a LIBOR Bid Loan; and (vi) the maximum principal amount (the "Requested Amount") of such Bid Loan, which shall be not less than $10,000,000 and shall be an integral multiple of $1,000,000. After giving effect to such Bid Loan and any other Loan made on or before the Bid Loan Borrowing Date, the aggregate Principal Amount of all Revolving Credit Loans and Bid Loans outstanding shall not exceed the aggregate amount of the Revolving Credit Commitments of the Banks. In addition, after giving effect to any such Bid Loan incurred by the UK Borrower and any other Loan made on or before the Bid Loan Borrowing Date, the aggregate Principal Amount of all Bid Loans and Revolving Credit Loans incurred by the UK Borrower shall not exceed $12,500,000 in Principal Amount outstanding. Notwithstanding any provision hereof to the contrary, no Bid Loan may be requested for a period that would end beyond the Expiration Date.

Bid Loan Requests. Except as otherwise provided herein, any Borrower may from time to time prior to the Expiration Date request that the Banks make Bid Loans by delivery to the Agent not later than 10:00 A.M. A.M., New York time time, of a duly completed request therefor substantially in the form of Exhibit 2.08(a) hereto or a request by telephone immediately confirmed in writing by letter, facsimile, email, or telex (each, a "“Bid Loan Request"”) at least three (3) Business Days prior to the proposed Bid Loan Borrowing Date if the applicable Borrower is requesting Fixed Rate Bid Loans and four (4) Business Days prior to the proposed Bid Loan Borrowing Date if the applicable Borrower is requesting Euro-Rate Bid Loans with the Bid Loan LIBOR Rate Option of one, two, three, or six months' ’ duration. Each Bid Loan Request shall be irrevocable and shall specify (i) the identity of the applicable Borrower; (ii) the respective Approved Currency for such Loan; (iii) the proposed Bid Loan Borrowing Date; (iv) whether the applicable Borrower is electing the Bid Loan Fixed Rate Option or the Bid Loan LIBOR Option; (v) the term of the proposed Bid Loan (the "“Bid Loan Interest Period"”), which may be no less than seven (7) day(s) and no longer than one hundred eighty (180) days if the applicable Borrower is requesting a Fixed Rate Bid Loan and one, two, three, or six months if the applicable Borrower is requesting a LIBOR Bid Loan; and (vi) the maximum principal amount (the "“Requested Amount"”) of such Bid Loan, which (x) in the case of Bid Loans to Holdings, the Company, AGRI and AGRO, shall be not less than $10,000,000 and shall be an integral multiple of $1,000,000 and (y) in the case of Bid Loans to the UK Borrower, shall be not less than $1,000,000 and shall be an integral multiple of $1,000,000. After giving effect to such Bid Loan and any other Loan made on or before the Bid Loan Borrowing Date, the sum of the aggregate Principal Amount of all Revolving Credit Loans and Bid Loans outstanding plus the Letter of Credit Outstandings shall not exceed the aggregate amount of the Revolving Credit Commitments of the Banks. In addition, after giving effect to any such Bid Loan incurred by (i) Holdings, AGRI and AGRO and any other Loan made on or before the Bid Loan Borrowing Date, the aggregate outstanding Principal Amount of all Bid Loans and Revolving Credit Loans incurred by all such Borrowers plus the Letter of Credit Outstandings in respect of Letters of Credit issued for the account of all such Borrowers shall not exceed the Holdings Sub-Limit; and (ii) the UK Borrower and any other Loan made on or before the Bid Loan Borrowing Date, the aggregate outstanding Principal Amount of all Bid Loans and Revolving Credit Loans incurred by the UK Borrower plus the Letter of Credit Outstandings in respect of Letters of Credit issued for the account of the UK Borrower shall not exceed $12,500,000 in Principal Amount outstanding20,000,000. Notwithstanding any provision hereof to the contrary, no Bid Loan may be requested for a period that would end beyond the Expiration Date.

Bid Loan Requests. Except as otherwise provided herein, any the Borrower may from time to time prior to the Revolving Credit Expiration Date request that the Banks make Bid Loans by delivery to the Agent at its Principal Office in New York not later than 10:00 A.M. 12:00 noon, New York time time, of a duly completed request therefor substantially in the form of Exhibit 2.08(a) 2.8.1 hereto or a request by telephone immediately confirmed in writing by letter, facsimile, email, or telex (each, a "Bid Loan Request") at least three two (32) Business Days prior to the proposed Bid Loan Borrowing Date if the applicable Borrower is requesting Fixed Rate Bid Loans and four (4) Business Days prior to the proposed Bid Loan Borrowing Date if the applicable Borrower is requesting Euro-Rate Bid Loans Loans. The Agent may rely on the authority of one, two, three, or six months' durationany individual making a telephonic request referred to in the preceding sentence without the necessity of receipt of written confirmation. Each Bid Loan Request shall be irrevocable and shall specify (i) the identity of the applicable Borrower; (ii) the respective Approved Currency for such Loan; (iii) the proposed Bid Loan Borrowing Date; , (ivii) whether the applicable Borrower is electing the Bid Loan Fixed Rate Option or the Bid Loan LIBOR Euro-Rate Option; , (viii) the term of the proposed Bid Loan (the "Bid Loan Interest Period"), ) which may be no less than seven thirty (730) day(s) days and no longer than one hundred eighty (180) days days, if the applicable Borrower is requesting a Fixed Rate Bid Loan and Loan, or one, two, three, or six months Months, if the applicable Borrower is requesting a LIBOR Euro-Rate Bid Loan; , and (viiv) the maximum principal amount (the "Requested Amount") of such Bid Loan, which shall be not less than $10,000,000 5,000,000 and shall be an integral multiple of $1,000,000. After giving effect to such Bid Loan and any other Loan made on or before the Bid Loan Borrowing Date, (i) the aggregate Principal Amount amount of the Bid Loans of all Banks outstanding shall not exceed $100,000,000 (the "Bid Loan Aggregate Sublimit"), (ii) the aggregate amount of all Revolving Credit Loans Loans, Swingline Loans, and Bid Loans outstanding plus the Letters of Credit Outstanding shall not exceed the aggregate amount of the Revolving Credit Commitments then existing of the Banks, and (iii) the aggregate amount of all Revolving Credit Loans, Convertible Revolving Credit Loans, Swingline Loans and Bid Loans outstanding plus the Letters of Credit Outstanding shall not exceed the aggregate amount of the Revolving Credit Commitments and Convertible Revolving Credit Commitments then existing of the Banks. In addition, after giving effect to any such Bid Loan incurred by the UK Borrower and any other Loan made on or before the There shall be at least fifteen (15) Business Days between each Bid Loan Borrowing Date, the aggregate Principal Amount of all Bid Loans and Revolving Credit Loans incurred by the UK Borrower shall not exceed $12,500,000 in Principal Amount outstanding. Notwithstanding any provision hereof to the contrary, no Bid Loan may be requested for a period that would end beyond the Expiration Date.

Bid Loan Requests. Except as otherwise provided herein, any Borrower may from time to time prior to the Expiration Date request that the Banks make Bid Loans by delivery to the Agent not later than 10:00 A.M. New York time of a duly completed request therefor substantially in the form of Exhibit 2.08(a) hereto or a request by telephone immediately confirmed in writing by letter, facsimile, email, or telex (each, a "“Bid Loan Request"”) at least three (3) Business Days prior to the proposed Bid Loan Borrowing Date if the applicable Borrower is requesting Fixed Rate Bid Loans and four (4) Business Days prior to the proposed Bid Loan Borrowing Date if the applicable Borrower is requesting Euro-Rate Bid Loans with the Bid Loan LIBOR Rate Option of one, two, three, or six months' ’ duration. Each Bid Loan Request shall be irrevocable and shall specify (i) the identity of the applicable Borrower; (ii) the respective Approved Currency for such Loan; (iii) the proposed Bid Loan Borrowing Date; (iv) whether the applicable Borrower is electing the Bid Loan Fixed Rate Option or the Bid Loan LIBOR Option; (v) the term of the proposed Bid Loan (the "“Bid Loan Interest Period"”), which may be no less than seven (7) day(s) and no longer than one hundred eighty (180) days if the applicable Borrower is requesting a Fixed Rate Bid Loan and one, two, three, or six months if the applicable Borrower is requesting a LIBOR Bid Loan; and (vi) the maximum principal amount (the "“Requested Amount"”) of such Bid Loan, which (x) in the case of Bid Loans to Holdings and the Company, shall be not less than $10,000,000 and shall be an integral multiple of $1,000,000 and (y) in the case of Bid Loans to the UK Borrower, shall be not less than $1,000,000 and shall be an integral multiple of $1,000,000. After giving effect to such Bid Loan and any other Loan made on or before the Bid Loan Borrowing Date, the aggregate Principal Amount of all Revolving Credit Loans and Bid Loans outstanding shall not exceed the aggregate amount of the Revolving Credit Commitments of the Banks. In addition, after giving effect to any such Bid Loan incurred by (i) Holdings and any other Loan made on or before the Bid Loan Borrowing Date, the aggregate Principal Amount of all Bid Loans and Revolving Credit Loans incurred by Holdings shall not exceed $50,000,000 in Principal Amount outstanding and (ii) the UK Borrower and any other Loan made on or before the Bid Loan Borrowing Date, the aggregate Principal Amount of all Bid Loans and Revolving Credit Loans incurred by the UK Borrower shall not exceed $12,500,000 in Principal Amount outstanding. Notwithstanding any provision hereof to the contrary, no Bid Loan may be requested for a period that would end beyond the Expiration Date.

Bid Loan Requests. Except as otherwise provided herein, any the Borrower may from time to time prior to the Expiration Date request that the Revolving Credit Banks make Bid Loans by delivery to the Administrative Agent not later than 10:00 A.M. New York time a.m., Pittsburgh time, of a duly completed request therefor substantially in the form of Exhibit 2.08(a) EXHIBIT 2.9.1 hereto or a request by telephone immediately confirmed in writing by letter, facsimile, email, facsimile or telex (each, a "Bid Loan Request") at least three one (31) Business Days prior to the proposed Bid Loan Borrowing Date if the applicable Borrower is requesting Fixed Rate Bid Loans and four (4) Business Days prior to the proposed Bid Loan Borrowing Date if the applicable Borrower is requesting Euro-Rate Bid Loans Loans. The Administrative Agent may rely on the authority of one, two, three, or six months' durationany individual making a telephonic request referred to in the preceding sentence without the necessity of receipt of written confirmation. Each Bid Loan Request shall be irrevocable and shall specify (i) the identity of the applicable Borrower; (ii) the respective Approved Currency for such Loan; (iii) the proposed Bid Loan Borrowing Date; , (ivii) whether the applicable Borrower is electing the Bid Loan Fixed Rate Option or the Bid Loan LIBOR Euro-Rate Option; , (viii) the term of the proposed Bid Loan (the "Bid Loan Interest Period"), which may be no less than seven (7) 7 day(s) and no longer than one hundred eighty (180) 270 days if the applicable Borrower is requesting a Fixed Rate Bid Loan and one, two, three, three or six months (or nine months, if the applicable available) if Borrower is requesting a LIBOR Euro-Rate Bid Loan; , and (viiv) the maximum principal amount (the "Requested Amount") of such Bid Loan, which shall be not less than $10,000,000 5,000,000 and shall be an integral multiple of $1,000,000. After giving effect to such Bid Loan and any other Loan made on or before the Bid Loan Borrowing Date, the aggregate Principal Amount amount of all Revolving Credit Loans, Swing Loans and Bid Loans outstanding plus the Letter of Credit Outstandings shall not exceed the aggregate amount of the Revolving Credit Commitments of the Revolving Credit Banks. In addition, after giving effect to any such Bid Loan incurred by the UK Borrower and any other Loan made on or before the There shall be at least one Business Day between each Bid Loan Borrowing Date, the aggregate Principal Amount of all . There shall be no requests for Bid Loans and Revolving Credit nor any Bid Loans incurred by made until the UK Borrower shall not exceed $12,500,000 in Principal Amount outstanding. Notwithstanding any provision hereof to Business Day following the contrary, no Bid Loan may be requested for a period that would end beyond the Expiration Syndication Date.

Bid Loan Requests. Except as otherwise provided herein, any Borrower the Company may from time to time prior to the Expiration Date request that the Banks Lenders make Bid Loans by delivery to the Administrative Agent not later than 10:00 A.M. New York Eastern time of a duly completed request therefor substantially in the form of Exhibit 2.08(a) 3.01 hereto or a request by telephone immediately confirmed in writing by letter, facsimile, email, facsimile or telex (each, a "Bid Loan Request") at least three one (31) Business Days Day prior to the proposed Bid Loan Borrowing Date if the applicable Borrower Company is requesting Fixed Rate Bid Loans and four (4) Business Days prior to the proposed Bid Loan Borrowing Date if the applicable Borrower Company is requesting Euro-Rate Bid Loans Loans, it being understood that the Administrative Agent may rely on the authority of one, two, three, or six months' durationany individual making such a telephonic request without the necessity of receipt of such written confirmation. Each Bid Loan Request shall be irrevocable irrevocable, shall be accompanied by payment of any Fee provided for in the Fee Letters (which Fee shall be nonrefundable) and shall specify (i) the identity of the applicable Borrower; (ii) the respective Approved Currency for such Loan; (iiia) the proposed Bid Loan Borrowing Date; , (ivb) whether the applicable Borrower Company is electing the Fixed Rate Bid Loan Fixed Rate Option or the Euro-Rate Bid Loan LIBOR Option; , (vc) the term of the proposed Bid Loan (the "Bid Loan Interest Period"), ) which may be no less than seven (7) day(s) days and no longer than one two hundred eighty and seventy (180270) days if the applicable Borrower Company is requesting a Fixed Rate Bid Loan and one, two, three, three or six months if the applicable Borrower Company is requesting a LIBOR Euro-Rate Bid Loan; Loan and the last day thereof shall end no later than the Expiration Date, (d) the Borrower which is to receive such Bid Loan and (vie) the maximum principal amount (the "Requested Amount") of such Bid Loan, which shall be not less than $10,000,000 and shall be an integral multiple of $1,000,000. After giving effect to such Bid Loan and any other Loan made on or before the Bid Loan Borrowing Date, the aggregate Principal Amount amount of all Revolving Credit Loans and Bid Loans outstanding Total Facility Usage shall not exceed the aggregate amount of the Revolving Credit Commitments of the BanksLenders. In addition, after giving effect to any such Bid Loan incurred by the UK Borrower and any other Loan made on or before the There shall be at least five (5) Business Days between Bid Loan Borrowing Date, the aggregate Principal Amount of all Bid Loans and Revolving Credit Loans incurred by the UK Borrower shall not exceed $12,500,000 in Principal Amount outstanding. Notwithstanding any provision hereof to the contrary, no Bid Loan may be requested for a period that would end beyond the Expiration DateDates.

Bid Loan Requests. Except as otherwise provided herein, any Borrower may from time to time prior to the Expiration Date request that the Banks make Bid Loans by delivery to the Agent not later than 10:00 A.M. A.M., New York time time, of a duly completed request therefor substantially in the form of Exhibit 2.08(a) hereto or a request by telephone immediately confirmed in writing by letter, facsimile, email, or telex (each, a "“Bid Loan Request"”) at least three (3) Business Days prior to the proposed Bid Loan Borrowing Date if the applicable Borrower is requesting Fixed Rate Bid Loans and four (4) Business Days prior to the proposed Bid Loan Borrowing Date if the applicable Borrower is requesting Euro-Rate Bid Loans with the Bid Loan LIBOR Rate Option of one, two, three, or six months' ’ duration. Each Bid Loan Request shall be irrevocable and shall specify (i) the identity of the applicable Borrower; (ii) the respective Approved Currency for such Loan; (iii) the proposed Bid Loan Borrowing Date; (iv) whether the applicable Borrower is electing the Bid Loan Fixed Rate Option or the Bid Loan LIBOR Option; (v) the term of the proposed Bid Loan (the "“Bid Loan Interest Period"”), which may be no less than seven (7) day(s) and no longer than one hundred eighty (180) days if the applicable Borrower is requesting a Fixed Rate Bid Loan and one, two, three, or six months if the applicable Borrower is requesting a LIBOR Bid Loan; and (vi) the maximum principal amount (the "“Requested Amount"”) of such Bid Loan, which (x) in the case of Bid Loans to Holdings, the Company, AGRI and AGRO, shall be not less than $10,000,000 and shall be an integral multiple of $1,000,000 and (y) in the case of Bid Loans to the UK Borrower, shall be not less than $1,000,000 and shall be an integral multiple of $1,000,000. After giving effect to such Bid Loan and any other Loan made on or before the Bid Loan Borrowing Date, the sum of the aggregate Principal Amount of all Revolving Credit Loans and Bid Loans outstanding plus the Letter of Credit Outstandings shall not exceed the aggregate amount of the Revolving Credit Commitments of the Banks. In addition, after giving effect to any such Bid Loan incurred by (i) Holdings, AGRI and AGRO and any other Loan made on or before the Bid Loan Borrowing Date, the aggregate outstanding Principal Amount of all Bid Loans and Revolving Credit Loans incurred by all such Borrowers plus the Letter of Credit Outstandings in respect of Letters of Credit issued for the account of all such Borrowers shall not exceed the Holdings Sub-Limit; and (ii) the UK Borrower and any other Loan made on or before the Bid Loan Borrowing Date, the aggregate outstanding Principal Amount of all Bid Loans and Revolving Credit Loans incurred by the UK Borrower plus the Letter of Credit Outstandings in respect of Letters of Credit issued for the account of the UK Borrower shall not exceed $12,500,000 in Principal Amount outstanding12,500,000. Notwithstanding any provision hereof to the contrary, no Bid Loan may be requested for a period that would end beyond the Expiration Date.

Bid Loan Requests. Except as otherwise provided herein, any the Borrower may from time to time prior to the Expiration Date request that the Banks make Bid Loans by delivery to the Administrative Agent not later than 10:00 A.M. New York time a.m., Columbus time, of a duly completed request therefor substantially in the form of Exhibit 2.08(a) 2.9.1 hereto or a request by telephone immediately confirmed in writing by letter, facsimile, email, facsimile or telex (each, a "Bid Loan Request") at least three (3) Business Days prior to the proposed Bid Loan Borrowing Date if the applicable Borrower is requesting Fixed Rate Bid Loans and four (4) Business Days prior to the proposed Bid Loan Borrowing Date if Borrower is requesting Fixed Rate Bid Loans and five (5) Business Days prior to the applicable proposed Bid Loan Borrowing Date if Borrower is requesting Euro-Rate Bid Loans Loans. The Administrative Agent may rely on the authority of one, two, three, or six months' durationany individual making a telephonic request referred to in the preceding sentence without the necessity of receipt of written confirmation. Each Bid Loan Request shall be irrevocable and shall specify (i) the identity of the applicable Borrower; (ii) the respective Approved Currency for such Loan; (iii) the proposed Bid Loan Borrowing Date; , (ivii) whether the applicable Borrower is electing the Fixed Rate Bid Loan Fixed Rate Option or the Euro-Rate Bid Loan LIBOR Option; , (viii) the term of the proposed Bid Loan (the "Bid Loan Interest Period"), ) which may be no less than seven (7) day(s) days and no longer than one hundred eighty (180) days if the applicable Borrower is requesting a Fixed Rate Bid Loan and onethirty (30), twosixty (60), three, ninety (90) or six months one hundred eighty (180) days if the applicable Borrower is requesting a LIBOR Euro-Rate Bid Loan; , and (viiv) the maximum principal amount (the "Requested Amount") of such Bid Loan, which shall be not less than Ten Million and 00/100 Dollars ($10,000,000 10,000,000.00) and shall be an integral multiple of Five Million and 00/100 Dollars ($1,000,0005,000,000.00). After giving effect to such Bid Loan and any other Loan made on or before the Bid Loan Borrowing Date, (i) the aggregate Principal Amount amount of the Bid Loans of all Banks outstanding shall not exceed Fifty Million and 00/100 Dollars ($50,000,000.00) (the "Bid Loan Aggregate Sublimit"), (ii) the aggregate amount of the Bid Loans of any one Bank outstanding shall not exceed Fifty Million and 00/100 Dollars ($50,000,000.00) (the "Bid Loan Individual Bank Sublimit"), and (iii) the aggregate amount of all Revolving Credit Loans, Bid Loans and Bid Swing Loans outstanding plus the Letter of Credit Outstanding shall not exceed the aggregate amount of the Revolving Credit Commitments of the Banks. In addition, after giving effect to any such Bid Loan incurred by the UK Borrower and any other Loan made on or before the There shall be at least fourteen (14) Business Days between each Bid Loan Borrowing Date, the aggregate Principal Amount of all Bid Loans and Revolving Credit Loans incurred by the UK Borrower shall not exceed $12,500,000 in Principal Amount outstanding. Notwithstanding any provision hereof to the contrary, no Bid Loan may be requested for a period that would end beyond the Expiration Date.

Bid Loan Requests. Except as otherwise provided herein, any The Borrower may at its option from time to time prior to the Expiration Date request that the Banks make Bid Loans, provided that each of the following conditions is true and correct on the date of such request: (i) no Potential Default or Event of Default exists and is continuing, (ii) Borrower's Debt to Capital Ratio was less than .55 to 1.0 on the date of, and as reported on, the compliance certificate which Borrower most recently delivered pursuant to Section 8.3.3, and (iii) Borrower's Debt to Capital Ratio is less than .55 to 1.0 on the date of such request as warranted by Borrower in such request. Borrower shall make its request for Bid Loans by delivery delivering to the Agent not later than 10:00 A.M. New York 1:00 p.m. Pittsburgh time of a duly completed request therefor substantially in the form of Exhibit 2.08(a) 2.5.1 hereto or a request by telephone immediately confirmed in writing by letter, facsimile, email, facsimile or telex (each, a "Bid Loan Request") at least three two (32) Business Days prior to the proposed Bid Loan Borrowing Date if the applicable Borrower is requesting Fixed Rate Bid Loans and four (4) Business Days prior to the proposed Bid Loan Borrowing Date if the applicable Borrower is requesting Euro-Rate Bid Loans Loans. The Agent may rely on the authority of one, two, three, or six months' durationany individual making a telephonic request referred to in the preceding sentence without the necessity of receipt of written confirmation. Each Bid Loan Request shall be irrevocable and shall specify (i) the identity of the applicable Borrower; (ii) the respective Approved Currency for such Loan; (iii) the proposed Bid Loan Borrowing Date; , (ivii) whether the applicable Borrower is electing the Fixed Rate Bid Loan Fixed Rate Option or the Euro-Rate Bid Loan LIBOR Option; , (viii) the term of the proposed Bid Loan (the "Bid Loan Interest Period"), ) which may be no less than seven (7) day(s) and no longer than one hundred eighty sixty (18060) days if the applicable Borrower is requesting a Fixed Rate Bid Loan and onedays, two, three, or six months if the applicable Borrower is requesting a LIBOR Bid Loan; and (viiv) the maximum principal amount (the "Requested Amount") of such Bid Loan, which shall be not less than $10,000,000 2,500,000 and shall be an integral multiple of $1,000,000500,000. After giving effect to such Bid Loan and any other Loan made on or before the Bid Loan Borrowing Date, the aggregate Principal Amount of all Revolving Credit Loans and Facility Usage plus Bid Loans outstanding shall not exceed the aggregate amount of the Revolving Credit Commitments of the Banks. In addition, after giving effect to any such Bid Loan incurred by the UK Borrower and any other Loan made on or before the There shall be at least five (5) Business Days between each Bid Loan Borrowing Date, the aggregate Principal Amount of all Bid Loans and Revolving Credit Loans incurred by the UK Borrower shall not exceed $12,500,000 in Principal Amount outstanding. Notwithstanding any provision hereof to the contrary, no Bid Loan may be requested for a period that would end beyond the Expiration Date.

Bid Loan Requests. Except as otherwise provided herein, beginning on the date that the Borrower's senior unsecured long-term debt, on a consolidated basis, has been rated Investment Grade and during any period thereafter when the Borrower's senior unsecured long-term debt, on a consolidated basis, is rated BBB- or better by Standard & Poor's or Baa3 or better by Xxxxx'x, the Borrower may from time to time prior to the Expiration Date request that the Banks make Bid Loans by delivery to the Administrative Agent not later than 10:00 A.M. New York time a.m., Pittsburgh time, of a duly completed request therefor substantially in the form of Exhibit 2.08(a) EXHIBIT 2.9.1 hereto or a request by telephone immediately confirmed in writing by letter, facsimile, email, facsimile or telex (each, a "Bid Loan Request") at least three one (31) Business Days Day prior to the proposed Bid Loan Borrowing Date if the applicable Borrower is requesting Fixed Rate Bid Loans and four (4) Business Days prior to the proposed Bid Loan Borrowing Date if the applicable Borrower is requesting Euro-Rate Bid Loans Loans. The Administrative Agent may rely on the authority of one, two, three, or six months' durationany individual making a telephonic request referred to in the preceding sentence without the necessity of receipt of written confirmation. Each Bid Loan Request shall be irrevocable and shall specify (i) the identity of the applicable Borrower; (ii) the respective Approved Currency for such Loan; (iii) the proposed Bid Loan Borrowing Date; , (ivii) whether the applicable Borrower is electing the Bid Loan Fixed Rate Option or the Bid Loan LIBOR Euro-Rate Option; , (viii) the term of the proposed Bid Loan (the "Bid Loan Interest Period"), which may be no less than seven (7) day(s) 7 days and no longer than one hundred eighty (180) 270 days if the applicable Borrower is requesting a Fixed Rate Bid Loan and one, two, three, three or six months Months if the applicable Borrower is requesting a LIBOR Euro-Rate Bid Loan; , and (viiv) the maximum principal amount (the "Requested Amount") of such Bid LoanLoan (provided that a Bid Loan Interest Period shall in no event expire later than one (1) Business Days prior to the Expiration Date), which shall be not less than $10,000,000 and shall be an integral multiple of $1,000,0005,000,000. After giving effect to such Bid Loan and any other Loan made on or before the Bid Loan Borrowing Date, the aggregate Principal Amount amount of all Revolving Credit Loans, Swing Loans and Bid Loans outstanding plus the Letters of Credit Outstanding shall not exceed the aggregate amount of the Revolving Credit Commitments of the Banks. In addition, after giving effect to any such Bid Loan incurred by the UK Borrower and any other Loan made on or before the There shall be at least one Business Day between each Bid Loan Borrowing Date, the aggregate Principal Amount of all . There shall be no requests for Bid Loans and Revolving Credit nor any Bid Loans incurred by made until the UK Borrower shall not exceed $12,500,000 in Principal Amount outstanding. Notwithstanding any provision hereof to Business Day following the contrary, no Bid Loan may be requested for a period that would end beyond the Expiration Syndication Date.

Bid Loan Requests. Except as otherwise provided herein, any each Borrower may from time to time prior to the Expiration Date request that in lieu of Revolving Credit Loans the Banks make Euro-Rate Bid Loans or Fixed Rate Bid Loans by delivery delivering to the Agent at its Applicable Lending Office not later than 10:00 11:00 A.M. New York time Pittsburgh or London time, as the case may be, one Business Day prior to the proposed Borrowing Date if it is a Fixed Rate Bid Loan and 11:00 A.M. Pittsburgh or London time, as the case may be, four (4) Business Days prior to the proposed Borrowing Date if it is a Euro-Rate Bid Loan of a duly completed request therefor substantially in the form of Exhibit 2.08(a) hereto EXHIBIT 3.1 or a request by telephone immediately confirmed in writing by letter, facsimile, email, facsimile or telex (each, a "Bid Loan Request") at least three (3) Business Days prior to ), it being understood that the proposed Bid Loan Borrowing Date if Agent may rely on the applicable Borrower is requesting Fixed Rate Bid Loans and four (4) Business Days prior to authority of any individual making such a telephonic request without the proposed Bid Loan Borrowing Date if the applicable Borrower is requesting Euro-Rate Bid Loans necessity of one, two, three, or six months' durationreceipt of such written confirmation. Each Bid Loan Request shall be irrevocable and shall specify the following: (i) the identity of the applicable Borrower; proposed Borrowing Date, (ii) whether the respective Approved Currency for Borrower desires that such Bid Loan bear interest at (A) a fixed rate per annum (which shall be expressed as a percentage rate per annum in the form of a decimal to no more than four places and computed on a year of 365 or 366 days) specified by the Bank making such Bid Loan in its Bid (a "Fixed Rate Bid Loan; ") or (B) the applicable Euro-Rate plus or minus a margin (the "Margin") (which shall be expressed as a percentage rate per annum in the form of a decimal to no more than four decimal places and based on a year of 360 days, in the case of TEC Bid Loans, or a year of 365 days in the case of CIH Bid Loans) as specified by the Bank making such Bid Loan in its Bid (a "Euro-Rate Bid Loan"); (iii) the proposed Bid Loan Borrowing Date; (iv) whether the applicable Borrower is electing the Bid Loan Fixed Rate Option or the Bid Loan LIBOR Option; (v) the term of the proposed Bid Loan (the "Bid Loan Interest Period"), which may be (A) no less than seven (7) day(s) days and no longer than one hundred eighty ninety (18090) days if in the applicable Borrower is requesting case of a Fixed Rate Bid Loan and Loan, or (B) one, two, three, two or six months if three Months in the applicable Borrower is requesting case of a LIBOR Euro-Rate Bid Loan; and in all cases, such term may not extend beyond the Expiration Date; and (viiv) the maximum principal amount (the "Requested Amount") of such Bid Loan, which shall be (i) not less than $10,000,000 5,000,000 and shall be an integral multiple of $1,000,000, in the case of TEC Bid Loans, and (ii) not less than (pound)1,000,000 and shall be an integral multiple of (pound)500,000 in the case of CIH Bid Loans. After giving effect to any such TEC Bid Loan and any other Loan TEC Revolving Credit Loans made to TEC on or before the Borrowing Date for such TEC Bid Loan Borrowing DateLoan, (i) the aggregate Principal Amount amount of the TEC Bid Loans of all Banks outstanding shall not exceed $25,000,000, (ii) the aggregate amount of the TEC Bid Loans of any one Bank outstanding shall not exceed $25,000,000, and (iii) the aggregate amount of all TEC Revolving Credit Loans, TEC Bid Loans and Bid Loans Letter of Credit/Guarantee Outstandings to TEC then outstanding shall not exceed the aggregate amount of the TEC Revolving Credit Commitments of the BanksCommitments. In addition, after After giving effect to any such CIH Bid Loan incurred by the UK Borrower and any other Loan CIH Revolving Credit Loans made to CIH on or before the Borrowing Date for such CIH Bid Loan Borrowing DateLoan, (i) the aggregate Principal Amount amount of the CIH Bid Loans of all Bid Loans and Revolving Credit Loans incurred by the UK Borrower Banks outstanding shall not exceed $12,500,000 in Principal Amount outstanding. Notwithstanding 5,000,000 or its Dollar Equivalent, (ii) the aggregate amount of the CIH Bid Loans of any provision hereof one Bank outstanding shall not exceed $5,000,000 or its Dollar Equivalent, and (iii) the aggregate amount of all CIH Revolving Credit Loans, CIH Bid Loans and Letter of Credit/Guarantee Outstandings to CIH shall not exceed the contrary, no Bid Loan may be requested for a period that would end beyond aggregate amount of the Expiration DateCIH Revolving Credit Commitments.