Common use of Bids Clause in Contracts

Bids. Each Bank may, in its sole discretion, offer to make a Bid Loan or Bid Loans (a "Bid") to the Borrower responsive to the Bid Loan Request. Each Bid by a Bank must be received by the Administrative Agent by telephone not later than 8:45 a.m. (Chicago time) on the Business Day following the date the Administrative Agent receives a Bid Loan Request from the Borrower (the "Auction Date"), promptly confirmed in writing by a duly completed Confirmation of Bid delivered by telecopier or other means of facsimile communication substantially in the form of Exhibit E hereto, to be received by the Administrative Agent on the same day; provided, however, that any Bid made by the Administrative Agent must be made by telephone to the Borrower by no later than fifteen minutes prior to the time that Bids from the other Banks are required to be received. Each Bid and each Confirmation of Bid shall refer to this Agreement and specify (i) the principal amount of each Bid Loan that the Bank is willing to make to the Borrower and the type of Bid Loan (i.e., Stated Rate or Eurodollar), (ii) the interest rate (which shall be computed on the basis of a 360-day year and actual days elapsed and, in the case of a Eurodollar Bid Loan, shall be expressed in terms of the Bid Margin to be added to or subtracted from the Adjusted Eurodollar Rate for the Interest Period to be applicable to such Eurodollar Bid Loan) at which the Bank is prepared to make each Bid Loan and (iii) the Interest Period applicable thereto. The Administrative Agent shall reject any Bid if such Bid (i) does not specify all of the information specified in the immediately preceding sentence, (ii) contains any qualifying, conditional, or similar language, (iii) proposes terms other than or in addition to those set forth in the Bid Loan Request to which it responds, or (iv) is received by the Administrative Agent later than the times provided for above. Any Bid submitted by a Bank pursuant to this Section 2.2 shall be irrevocable and shall be promptly confirmed by a telecopy or other form of facsimile communication in the form of Exhibit E, provided that in all events the telephone Bid received by the Administrative Agent shall be binding on the relevant Bank and shall not be altered, modified, or in any other manner affected by any inconsistent terms contained in, or terms missing from, the Bank's Confirmation of Bid. Each offer contained in a Bid to make a Bid Loan in a certain amount, at a certain interest rate, and for a certain Interest Period is referred to herein as an "Offer".

Appears in 1 contract

Samples: Credit Agreement (Mississippi Chemical Corp /MS/)

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Bids. Each Bank may, in its sole discretion, offer to make a Bid Loan or Bid Loans (a "Bid") to the Borrower responsive to the Bid Loan Request. Each Bid by a Bank must be received by the Administrative Agent in the form of Exhibit F delivered by telephone telecopier not later than 8:45 a.m. (i) 9:00 A.M. (Chicago time) on the Business Day following proposed Borrowing Date in the date the Administrative Agent receives case of a bid for a Stated Rate Bid Loan Request from and (ii) 1:00 P.M. (Chicago time) four Business Days prior to the Borrower (the "Auction Date"), promptly confirmed in writing by a duly completed Confirmation of Bid delivered by telecopier or other means of facsimile communication substantially proposed Borrowing Date in the form case of Exhibit E hereto, to be received by the Administrative Agent on the same daya bid for a Eurocurrency Bid Loan; provided, however, that any Bid made by the Administrative Agent must be made by telephone telecopy to the Borrower by no later than fifteen minutes prior to the time that Bids bids from the other Banks are required to be received. Each Bid and each Confirmation of Bid shall refer to this Agreement and specify (i) the principal amount of each Bid Loan that the Bank is willing to make to the Borrower and the type of Bid Loan (i.e., Stated Rate or EurodollarEurocurrency), (ii) the interest rate (which shall be computed on the basis of a 360-day year and actual days elapsed and, in the case of a Eurodollar Eurocurrency Bid Loan, shall be expressed in terms of the Bid Margin a percentage margin to be added to or subtracted from the Adjusted Eurodollar Rate applicable LIBOR for the Interest Period to be applicable to such Eurodollar Eurocurrency Bid Loan) at which the Bank is prepared to make each Bid Loan, (iii) the currency of such Bid Loan (which shall be denominated in either U.S Dollars or an Alternative Currency) and (iiiiv) the Interest Period applicable thereto. The Administrative Agent shall reject any Bid if such Bid (i) does not specify all of the information specified in the immediately preceding sentence, (ii) contains any qualifying, conditional, or similar language, (iii) proposes terms other than or in addition to those set forth in the Bid Loan Request to which it responds, or (iv) is received by the Administrative Agent later than the times provided time required for abovesuch Bid Loan. Any Bid submitted by a Bank pursuant to this Section 2.2 1.7 shall be irrevocable and shall be promptly confirmed by a telecopy or other form of facsimile communication in the form of Exhibit E, provided that in all events the telephone Bid received by the Administrative Agent shall be binding on the relevant Bank and shall not be altered, modified, or in any other manner affected by any inconsistent terms contained in, or terms missing from, the Bank's Confirmation of Bidirrevocable. Each offer contained in a Bid to make a Bid Loan of a certain type in a certain amount, at a certain interest rate, and for a certain Interest Period is referred to herein as an "Offer".

Appears in 1 contract

Samples: Credit Agreement (U S Robotics Corp/De/)

Bids. Each Bank may, in its sole discretion, offer to make a Bid Loan loan or Bid Loans (a "Bid") to the relevant Borrower responsive to the Bid Loan Request. Each Bid by a Bank must be received by the Administrative Agent by telephone not later than 8:45 9:00 a.m. (Chicago time) on the Business Day following the date the Administrative Agent receives a Bid Loan Request from the Borrower (the "Auction Date"), proposed Borrowing Date promptly confirmed in writing by a duly completed confirmation (a "Confirmation of Bid Bid") delivered by telecopier or other means of facsimile communication substantially in the form of Exhibit E heretoH hereto or otherwise containing the information required by this subsection (c), to be received by the Administrative Agent on the same day; provided, however, that any Bid made by the Administrative Agent must be made by telephone to the relevant Borrower by no later than fifteen minutes prior to the time that Bids from the other Banks are required to be received8:45 a.m. (Chicago time). Each Bid and each Confirmation of Bid shall refer to this Agreement and specify (i) the principal amount (which shall not be less than $5,000,000 and shall be an integral multiple of $1,000,000) of each Bid Loan that the Bank is willing to make to the Borrower and the type of Bid Loan (i.e., Stated Rate or Eurodollar)relevant Borrower, (ii) the interest rate (which shall be computed on the basis of a 360-360 day year and for the actual number of days elapsed and, in the case of for a Eurodollar Bid Loan, shall be expressed in terms of the Bid Margin period equal to be added to or subtracted from the Adjusted Eurodollar Rate for the Interest Period to be applicable to such Eurodollar Bid Loanthereto) at which the Bank is prepared to make each Bid Loan and (iii) the Interest Period applicable theretoto each such offered Bid Loan. The Administrative Agent shall reject any Bid if such Bid (i) does not specify all of the information specified in the immediately preceding sentence, (ii) contains any qualifying, conditional, or similar language, (iii) proposes terms other than or in addition to those set forth in the Bid Loan Request to which it responds, or (iv) is received by the Administrative Agent later than the times provided for above9:00 a.m. (Chicago time). Any Bid submitted by a Bank pursuant to this Section 2.2 3.2 shall be irrevocable and shall be promptly confirmed by a telecopy or other form of facsimile communication in the form of Exhibit E, H; provided that in all events the telephone Bid received by the Administrative Agent shall be binding on the relevant Bank and shall not be altered, modified, or in any other manner affected by any inconsistent terms contained in, or terms missing from, the Bank's Confirmation of Bid. Each offer contained in a Bid to make a Bid Loan in a certain amount, at a certain interest rate, and for a certain Interest Period is referred to herein as an "Offer".

Appears in 1 contract

Samples: Credit Agreement (Gallagher Arthur J & Co)

Bids. Each Bank may, in its sole discretion, offer to make a Bid Loan or Bid Loans (a "Bid") to the relevant Borrower responsive to the Bid Loan Request. Each Bid by a Bank must be received by the Administrative Agent in the form of Exhibit H (each, a "Confirmation of Bid") delivered by telephone telecopier not later than 8:45 (i) 9:30 a.m. (Chicago time) on the Business Day following proposed Borrowing Date in the date the Administrative Agent receives case of a bid for a Stated Rate Bid Loan Request from and (ii) 1:00 p.m. (Chicago time) four Business Days prior to the Borrower (the "Auction Date"), promptly confirmed in writing by a duly completed Confirmation of Bid delivered by telecopier or other means of facsimile communication substantially proposed Borrowing Date in the form case of Exhibit E hereto, to be received by the Administrative Agent on the same daya bid for a Eurocurrency Bid Loan; provided, however, that any Bid made by the Administrative Agent must be made by telephone telecopy to the Borrower Company by no later than fifteen minutes prior to the time that Bids bids from the other Banks are required to be received. Each Bid and each Confirmation of Bid shall refer to this Agreement and specify (i) the principal amount of each Bid Loan that the Bank is willing to make to the applicable Borrower and the type of Bid Loan (i.e., Stated Rate or EurodollarEurocurrency), (ii) the interest rate (which shall be computed on the basis of a 360-day year and of 365 or 366 days, as applicable, for the actual number of days elapsed in the case of Stated Rate Bid Loans and, in the case of a Eurodollar Eurocurrency Bid Loan, shall be computed on the basis of a year of 360 days and actual days elapsed and expressed in terms of the Bid Margin a percentage margin to be added to or subtracted from the Adjusted Eurodollar Rate applicable LIBOR for the Interest Period to be applicable to such Eurodollar Eurocurrency Bid Loan) at which the Bank is prepared to make each Bid Loan and Loan, (iii) the currency of such Bid Loan (which shall be denominated in either U.S Dollars or an Alternative Currency), (iv) the Interest Period applicable thereto, (v) the jurisdiction in which such Bid Loan is to be disbursed and (vi) the jurisdiction in which payments on such Bid Loan are to be made. The Administrative Agent shall reject any Bid if such Bid (i) does not specify all of the information specified in the immediately preceding sentence, (ii) contains any qualifying, conditional, or similar language, (iii) proposes terms other than or in addition to those set forth in the Bid Loan Request to which it responds, or (iv) is received by the Administrative Agent later than the times provided for above. Any Bid submitted by a Bank pursuant to this Section 2.2 shall be irrevocable and shall be promptly confirmed by a telecopy or other form of facsimile communication in the form of Exhibit E, provided that in all events the telephone Bid received by the Administrative Agent shall be binding on the relevant Bank and shall not be altered, modified, or in any other manner affected by any inconsistent terms contained in, or terms missing from, the Bank's Confirmation of Bid. Each offer contained in a Bid to make a Bid Loan in a certain amount, at a certain interest rate, and for a certain Interest Period is referred to herein as an "Offer".information

Appears in 1 contract

Samples: Credit Agreement (Sickinger Co)

Bids. Each Bank may, in its sole discretion, offer to make a Bid Loan or Bid Loans (a "Bid") to the applicable Borrower responsive to the Bid Loan Request. Each Bid by a Bank must be received by the Administrative Agent by telephone not later than 8:45 a.m. (Chicago time) on the Business Day following the date the Administrative Agent receives a Bid Loan Request from the Borrower Company (the "Auction Date"), promptly confirmed in writing by a duly completed Confirmation of Bid delivered by telecopier or other means of facsimile communication substantially in the form of Exhibit E D hereto, to be received by the Administrative Agent on the same day; provided, however, that any Bid made by the Administrative Agent must be made by telephone to the Borrower Company by no later than fifteen minutes prior to the time that Bids from the other Banks are required to be received. Each Bid and each Confirmation of Bid shall refer to this Agreement and specify (i) the principal amount of each Bid Loan that the Bank is willing to make to the Borrower Company and the type of Bid Loan (i.e., Stated Rate or Eurodollar), (ii) the interest rate (which shall be computed on the basis of a 360-day year and actual days elapsed and, in the case of a Eurodollar Bid Loan, shall be expressed in terms of the Bid Margin to be added to or subtracted from the Adjusted Eurodollar Rate for the Interest Period to be applicable to such Eurodollar Bid Loan) at which the Bank is prepared to make each Bid Loan and (iii) the Interest Period applicable thereto. The Administrative Agent shall reject any Bid if such Bid (i) does not specify all of the information specified in the immediately preceding sentence, (ii) contains any qualifying, conditional, or similar language, (iii) proposes terms other than or in addition to those set forth in the Bid Loan Request to which it responds, or (iv) is received by the Administrative Agent later than the times provided for above. Any Bid submitted by a Bank pursuant to this Section 2.2 shall be irrevocable and shall be promptly confirmed by a telecopy or other form of facsimile communication in the form of Exhibit ED, provided that in all events the telephone Bid received by the Administrative Agent shall be binding on the relevant Bank and shall not be altered, modified, or in any other manner affected by any inconsistent terms contained in, or terms missing from, the Bank's Confirmation of Bid. Each offer contained in a Bid to make a Bid Loan in a certain amount, at a certain interest rate, and for a certain Interest Period is referred to herein as an "Offer".

Appears in 1 contract

Samples: Mississippi Chemical Corp /MS/

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Bids. Each Bank may, in its sole discretion, offer to make a Bid Loan or Bid Loans (a "Bid") to the such Borrower responsive to the Bid Loan Request. Each Bid by a Bank must be received by the Administrative Agent by telephone not later than 8:45 9:30 a.m. (Chicago time) on the Business Day following the date the Administrative Agent receives a Bid Loan Request from the Borrower (the "Auction Date"), proposed Borrowing Date promptly confirmed in writing by a duly completed Confirmation of Bid delivered by telecopier or other means of facsimile communication substantially in the form of Exhibit E heretohereto or otherwise containing the information required by this subsection (c) (a "Confirmation of Bid"), to be received by the Administrative Agent on the same day; provided, however, that any Bid made by the Administrative Agent must be made by telephone to the Borrower by no later than fifteen minutes prior to the time that Bids from the other Banks are required to be received9:15 a.m. (Chicago time). Each Bid and each Confirmation of Bid shall refer to this Agreement and specify (i) the principal amount (which shall not be less than $2,000,000 and shall be an integral multiple of $500,000) of each Bid Loan that the Bank is willing to make to the Borrower and the type of Bid Loan (i.e., Stated Rate or Eurodollar)such Borrower, (ii) the interest rate (which shall be computed on the basis of a 360-360 day year and actual days elapsed and, in the case of for a Eurodollar Bid Loan, shall be expressed in terms of the Bid Margin period equal to be added to or subtracted from the Adjusted Eurodollar Rate for the Interest Period to be applicable to such Eurodollar Bid Loanthereto) at which the Bank is prepared to make each Bid Loan and (iii) the Interest Period applicable theretoto each such offered Bid Loan. The Administrative Agent shall reject any Bid if such Bid (i) does not specify all of the information specified in the immediately preceding sentence, (ii) contains any qualifying, conditional, or similar language, (iii) proposes terms other than or in addition to those set forth in the Bid Loan Request to which it responds, or (iv) is received by the Administrative Agent later than the times provided for above9:30 a.m. (Chicago time). Any Bid submitted by a Bank pursuant to this Section 2.2 3.2 shall be irrevocable and shall be promptly confirmed by a telecopy or other form of facsimile communication in the form of Exhibit E, ; provided that in all events the telephone Bid received by the Administrative Agent shall be binding on the relevant Bank and shall not be altered, modified, or in any other manner affected by any inconsistent terms contained in, or terms missing from, the Bank's Confirmation of Bid. Each offer contained in a Bid to make a Bid Loan in a certain amount, at a certain interest rate, and for a certain Interest Period is referred to herein as an "Offer".

Appears in 1 contract

Samples: Titan Wheel International Inc

Bids. Each Bank may, in its sole discretion, offer to make a Bid Loan or Bid Loans (a "Bid") to the Borrower Company responsive to the Bid Loan Request. Each Bid by a Bank must shall be received made by delivery to the Administrative Agent by telephone not later than 8:45 a.m. (Chicago time) on the Business Day following the date the Administrative Agent receives of a Bid Loan Request from the Borrower (the "Auction Date"), promptly confirmed in writing by a duly completed Confirmation of Bid delivered by telecopier or other means (a 'Confirmation of facsimile communication substantially Bid") in the form of Exhibit E hereto, to be received C by the Administrative Agent telecopier not later than (i) 10:00 A.M. (New York time) on the same dayproposed Borrowing Date in the case of a Bid for a Stated Rate Bid Loan and (ii) 2:00 P.M. (New York, New York time) four Business Days prior to the proposed Borrowing Date in the case of a Bid for a Eurodollar Bid Loan; provided, however, that any Bid made by the Administrative Agent must be made by telephone telecopy to the Borrower Company by no later than fifteen minutes prior to the time that Bids bids from the other Banks are required to be received. Each Bid and each Confirmation of Bid shall refer to this Agreement and specify (i) the principal amount of each Bid Loan that the Bank is willing to make to the Borrower Company and the type of Bid Loan (i.e., Stated Rate or Eurodollar), (ii) the interest rate (which shall be computed on the basis of a 360-day year and actual days elapsed and, elapsed) and in the case of a Eurodollar Bid Loan, Loan shall be expressed in terms of the Bid Margin a percentage margin to be added to or subtracted from the Adjusted Eurodollar Rate LIBOR for the Interest Period to be applicable to such Eurodollar Bid Loan) at which the Bank is prepared to make each Bid Loan and (iii) the Interest Period applicable thereto. The Administrative Agent shall reject any Bid if such Bid (i) does not specify all of the information specified in the immediately preceding sentence, (ii) contains any qualifying, conditional, or similar language, (iii) proposes terms other than or in addition to those set forth in the Bid Loan Request to which it responds, or (iv) is received by the Administrative Agent later than the times provided for above. Any Bid submitted by a Bank pursuant to this Section 2.2 1.5 shall be irrevocable and shall be promptly confirmed by a telecopy or other form of facsimile communication in the form of Exhibit E, provided that in all events the telephone Bid received by the Administrative Agent shall be binding on the relevant Bank and shall not be altered, modified, or in any other manner affected by any inconsistent terms contained in, or terms missing from, the Bank's Confirmation of Bidirrevocable. Each offer contained in a Bid to make a Bid Loan in a certain amount, at a certain interest rate, and for a certain Interest Period is referred to herein as an "Offer".

Appears in 1 contract

Samples: Credit Agreement (Alumax Inc)

Bids. Each Bank may, in its sole discretion, offer to make a Bid Loan or Bid Loans (a "Bid") to the applicable Borrower responsive to the Bid Loan Request. Each Bid by a Bank must be received by the Administrative Agent by telephone not later than 8:45 a.m. (Chicago time) on the Business Day following the date the Administrative Agent receives a Bid Loan Request from the Borrower Chemical (the "Auction Date"), promptly confirmed in writing by a duly completed Confirmation of Bid delivered by telecopier or other means of facsimile communication substantially in the form of Exhibit E hereto, to be received by the Administrative Agent on the same day; provided, however, that any Bid made by the Administrative Agent must be made by telephone to the Borrower Chemical by no later than fifteen minutes prior to the time that Bids from the other Banks are required to be received. Each Bid and each Confirmation of Bid shall refer to this Agreement and specify (i) the principal amount of each Bid Loan that the Bank is willing to make to the Borrower and the type of Bid Loan (i.e., Stated Rate or Eurodollar), (ii) the interest rate (which shall be computed on the basis of a 360-day year and actual days elapsed and, in the case of a Eurodollar Bid Loan, shall be expressed in terms of the Bid Margin to be added to or subtracted from the Adjusted Eurodollar Rate for the Interest Period to be applicable to such Eurodollar Bid Loan) at which the Bank is prepared to make each Bid Loan and (iii) the Interest Period applicable thereto. The Administrative Agent shall reject any Bid if such Bid (i) does not specify all of the information specified in the immediately preceding sentence, (ii) contains any qualifying, conditional, or similar language, (iii) proposes terms other than or in addition to those set forth in the Bid Loan Request to which it responds, or (iv) is received by the Administrative Agent later than the times provided for above. Any Bid submitted by a Bank pursuant to this Section 2.2 shall be irrevocable and shall be promptly confirmed by a telecopy or other form of facsimile communication in the form of Exhibit E, provided that in all events the telephone Bid received by the Administrative Agent shall be binding on the relevant Bank and shall not be altered, modified, or in any other manner affected by any inconsistent terms contained in, or terms missing from, the Bank's Confirmation of Bid. Each offer contained in a Bid to make a Bid Loan in a certain amount, at a certain interest rate, and for a certain Interest Period is referred to herein as an "Offer".

Appears in 1 contract

Samples: Credit Agreement (Mississippi Chemical Corp /MS/)

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