Common use of Borrower Selection of Lender Bids Clause in Contracts

Borrower Selection of Lender Bids. The Borrower proposing the Bid Borrowing shall, in turn, (A) before 11:00 a.m. (New York City time) on the date of such proposed Bid Borrowing, in the case of a proposed Bid Borrowing to be a Fixed Rate Borrowing, and (B) before 12:00 noon (New York City time) three Business Days before the date of such proposed Bid Borrowing, in the case of a proposed Bid Borrowing to be a Eurodollar Rate Bid Borrowing, either: (i) cancel such Bid Borrowing by giving the Agent notice to that effect, or (ii) accept, in its sole discretion, one or more of the offers made by a Lender or Lenders pursuant to Section 2.5(c), by giving notice to the Agent of the amount of each Bid Advance (which amount shall be equal to or greater than the minimum amount and equal to or less than the maximum amount, notified to such Borrower by the Agent on behalf of such Lender for such Bid Advance pursuant to Section 2.5(c)) to be made by each Lender as part of such Bid Borrowing, and reject any remaining offers made by Lenders pursuant to Section 2.5(c) by giving the Agent notice to that effect; provided that offers will be accepted, if at all, in order of lowest to highest interest rates, and, if two or more Lenders bid at the same rate, the Bid Borrowing with respect to such rate will be allocated among such Lenders in proportion to the amount bid by each such Lender. If the Borrower proposing the Bid Borrowing notifies the Agent that such Bid Borrowing is canceled pursuant to Section 2.5(d)(i), the Agent shall give prompt notice thereof to the Lenders and such Bid Borrowing shall not be made.

Appears in 18 contracts

Samples: Credit Agreement (Boeing Co), Credit Agreement (Boeing Co), Credit Agreement (Boeing Co)

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Borrower Selection of Lender Bids. The Borrower proposing the Bid Borrowing shall, in turn, (A) before 11:00 a.m. (New York City time) on the date of such proposed Bid Borrowing, in the case of a proposed Bid Borrowing to be a Fixed Rate Borrowing, and (B) before 12:00 noon (New York City time) three Business Days before the date of such proposed Bid Borrowing, in the case of a proposed Bid Borrowing to be a Eurodollar Rate Bid Borrowing, either: (i) cancel such Bid Borrowing by giving the Agent notice to that effect, or (ii) accept, in its sole discretion, one or more of the offers made by a Lender or Lenders pursuant to Section 2.5(c2.6(c), by giving notice to the Agent of the amount of each Bid Advance (which amount shall be equal to or greater than the minimum amount and equal to or less than the maximum amount, notified to such Borrower by the Agent on behalf of such Lender for such Bid Advance pursuant to Section 2.5(c2.6(c)) to be made by each Lender as part of such Bid Borrowing, and reject any remaining offers made by Lenders pursuant to Section 2.5(c2.6(c) by giving the Agent notice to that effect; provided that offers will be accepted, if at all, in order of lowest to highest interest rates, and, if two or more Lenders bid at the same rate, the Bid Borrowing with respect to such rate will be allocated among such Lenders in proportion to the amount bid by each such Lender. If the Borrower proposing the Bid Borrowing notifies the Agent that such Bid Borrowing is canceled pursuant to Section 2.5(d)(i2.6(d)(i), the Agent shall give prompt notice thereof to the Lenders and such Bid Borrowing shall not be made.

Appears in 8 contracts

Samples: Credit Agreement (Boeing Co), Credit Agreement (Boeing Co), Credit Agreement (Boeing Capital Corp)

Borrower Selection of Lender Bids. The Borrower proposing the Competitive Bid Borrowing shall, in turn, (A) before 11:00 a.m. 12:00 noon (New York City time) on the Business Day prior to the date of such proposed Competitive Bid Borrowing, in the case of a proposed Competitive Bid Borrowing to be a consisting of Fixed Rate Borrowing, Bid Advances and (B) before 12:00 noon (New York City time) three on the third Business Days before Day prior to the date of such proposed Competitive Bid Borrowing, in the case of a proposed Competitive Bid Borrowing to be a Eurodollar consisting of Floating Rate Bid BorrowingAdvances, either: (i) cancel such Competitive Bid Borrowing by giving the Agent JPMCB, as Administrative Agent, notice to that effect, or (ii) accept, in its sole discretion, one or more of the offers made by a any Lender or Lenders pursuant to Section 2.5(c2.07(c), by giving notice to the Agent JPMCB, as Administrative Agent, of the amount of each Competitive Bid Advance (which amount shall be equal to or greater than the minimum amount amount, and equal to or less than the maximum amount, notified to such Borrower by the JPMCB, as Administrative Agent on behalf of such Lender Lender, for such Competitive Bid Advance pursuant to Section 2.5(c)2.07(c) to be made by each Lender as part of such Competitive Bid Borrowing, ) and reject any remaining offers made by Lenders pursuant to Section 2.5(c2.07(c) by giving the Agent JPMCB, as Administrative Agent, notice to that effect; provided that . Such Borrower shall accept the offers will be accepted, if at all, made by any Lender or Lenders to make Competitive Bid Advances in order of the lowest to the highest rates of interest rates, and, if offered by such Lenders. If two or more Lenders bid at have offered the same interest rate, the Bid Borrowing with respect amount to be borrowed at such interest rate will be allocated among such Lenders in proportion to the maximum amount bid by that each such LenderLender offered at such interest rate. If the Borrower proposing the Competitive Bid Borrowing notifies the Agent JPMCB, as Administrative Agent, that such Competitive Bid Borrowing is canceled pursuant to Section 2.5(d)(i2.07(d)(i), the Agent or if such Borrower fails to give timely notice in accordance with Section 2.07(d), JPMCB, as Administrative Agent, shall give prompt notice thereof to the Lenders and such Competitive Bid Borrowing shall not be made.

Appears in 7 contracts

Samples: 5 Year Revolving Credit Agreement (Altria Group, Inc.), Credit Agreement (Altria Group, Inc.), Credit Agreement (Altria Group, Inc.)

Borrower Selection of Lender Bids. The Borrower proposing the Competitive Bid Borrowing shall, in turn, (A) before 11:00 a.m. 12:00 noon (New York City time) on the Business Day prior to the date of such proposed Competitive Bid Borrowing, in the case of a proposed Competitive Bid Borrowing to be a consisting of Fixed Rate Borrowing, Bid Advances and (B) before 12:00 noon (New York City time) three on the third Business Days before Day prior to the date of such proposed Competitive Bid Borrowing, in the case of a proposed Competitive Bid Borrowing to be a Eurodollar consisting of Floating Rate Bid BorrowingAdvances, either: (i) cancel such Competitive Bid Borrowing by giving the Agent JPMorgan Chase, as Administrative Agent, notice to that effect, or (ii) accept, in its sole discretion, one or more of the offers made by a any Lender or Lenders pursuant to Section 2.5(c2.07(c), by giving notice to the Agent JPMorgan Chase, as Administrative Agent, of the amount of each Competitive Bid Advance (which amount shall be equal to or greater than the minimum amount amount, and equal to or less than the maximum amount, notified to such Borrower by the JPMorgan Chase, as Administrative Agent on behalf of such Lender Lender, for such Competitive Bid Advance pursuant to Section 2.5(c)2.07(c) to be made by each Lender as part of such Competitive Bid Borrowing, ) and reject any remaining offers made by Lenders pursuant to Section 2.5(c2.07(c) by giving the Agent JPMorgan Chase, as Administrative Agent, notice to that effect; provided that . Such Borrower shall accept the offers will be accepted, if at all, made by any Lender or Lenders to make Competitive Bid Advances in order of the lowest to the highest rates of interest rates, and, if offered by such Lenders. If two or more Lenders bid at have offered the same interest rate, the Bid Borrowing with respect amount to be borrowed at such interest rate will be allocated among such Lenders in proportion to the maximum amount bid by that each such LenderLender offered at such interest rate. If the Borrower proposing the Competitive Bid Borrowing notifies the Agent JPMorgan Chase, as Administrative Agent, that such Competitive Bid Borrowing is canceled pursuant to Section 2.5(d)(i2.07(d)(i), the Agent or if such Borrower fails to give timely notice in accordance with Section 2.07(d), JPMorgan Chase, as Administrative Agent, shall give prompt notice thereof to the Lenders and such Competitive Bid Borrowing shall not be made.

Appears in 6 contracts

Samples: Revolving Credit Agreement (Kraft Foods Inc), 364 Day Revolving Credit Agreement (Altria Group, Inc.), 364 Day Revolving Credit Agreement (Altria Group, Inc.)

Borrower Selection of Lender Bids. The Borrower proposing the Competitive Bid Borrowing shall, in turn, (A) before 11:00 a.m. 12:00 noon (New York City time) on the Business Day prior to the date of such proposed Competitive Bid Borrowing, in the case of a proposed Competitive Bid Borrowing to be a consisting of Fixed Rate Borrowing, Bid Advances and (B) before 12:00 noon (New York City time) three on the third Business Days before Day prior to the date of such proposed Competitive Bid Borrowing, in the case of a proposed Competitive Bid Borrowing to be a Eurodollar consisting of Floating Rate Bid BorrowingAdvances, either: (i) cancel such Competitive Bid Borrowing by giving the Agent JPMorgan Chase, as Administrative Agent, notice to that effect, or (ii) accept, in its sole discretion, one or more of the offers made by a any Lender or Lenders pursuant to Section 2.5(c2.07(c), by giving notice to the Agent JPMorgan Chase, as Administrative Agent, of the amount of each Competitive Bid Advance (which amount shall be equal to or greater than the minimum amount amount, and equal to or less than the maximum amount, notified to such Borrower by the JPMorgan Chase, as Administrative Agent on behalf of such Lender Lender, for such Competitive Bid Advance pursuant to Section 2.5(c)2.07(c) to be made by each Lender as part of such Competitive Bid Borrowing, and reject any remaining offers made by Lenders pursuant to Section 2.5(c2.07(c) by giving the Agent JPMorgan Chase, as Administrative Agent, notice to that effect; provided that . Such Borrower shall accept the offers will be accepted, if at all, made by any Lender or Lenders to make Competitive Bid Advances in order of the lowest to the highest rates of interest rates, and, if offered by such Lenders. If two or more Lenders bid at have offered the same interest rate, the Bid Borrowing with respect amount to be borrowed at such interest rate will be allocated among such Lenders in proportion to the maximum amount bid by that each such LenderLender offered at such interest rate. If the Borrower proposing the Competitive Bid Borrowing notifies the Agent JPMorgan Chase, as Administrative Agent, that such Competitive Bid Borrowing is canceled pursuant to Section 2.5(d)(i2.07(d)(i), the Agent or if such Borrower fails to give timely notice in accordance with Section 2.07(d), JPMorgan Chase, as Administrative Agent, shall give prompt notice thereof to the Lenders and such Competitive Bid Borrowing shall not be made.

Appears in 3 contracts

Samples: 364 Day Revolving Credit Agreement (Altria Group Inc), 364 Day Revolving Credit Agreement (Kraft Foods Inc), 364 Day Revolving Credit Agreement (Kraft Foods Inc)

Borrower Selection of Lender Bids. The Borrower proposing the Competitive Bid Borrowing shall, in turn, (A) before 11:00 a.m. 12:00 noon (New York City time) on the Business Day prior to the date of such proposed Competitive Bid Borrowing, in the case of a proposed Competitive Bid Borrowing to be a consisting of Fixed Rate Borrowing, Bid Advances and (B) before 12:00 noon (New York City time) three on the third Business Days before Day prior to the date of such proposed Competitive Bid Borrowing, in the case of a proposed Competitive Bid Borrowing to be a Eurodollar consisting of Floating Rate Bid BorrowingAdvances, either: (i) cancel such Competitive Bid Borrowing by giving the Administrative Agent notice to that effect, or (ii) accept, in its sole discretion, one or more of the offers made by a any Lender or Lenders pursuant to Section 2.5(c2.07(c), by giving notice to the Administrative Agent of the amount of each Competitive Bid Advance (which amount shall be equal to or greater than the minimum amount amount, and equal to or less than the maximum amount, notified to such Borrower by the Administrative Agent on behalf of such Lender Lender, for such Competitive Bid Advance pursuant to Section 2.5(c)2.07(c) to be made by each Lender as part of such Competitive Bid Borrowing, ) and reject any remaining offers made by Lenders pursuant to Section 2.5(c2.07(c) by giving the Administrative Agent notice to that effect; provided that . Such Borrower shall accept the offers will be accepted, if at all, made by any Lender or Lenders to make Competitive Bid Advances in order of the lowest to the highest rates of interest rates, and, if offered by such Lenders. If two or more Lenders bid at have offered the same interest rate, the Bid Borrowing with respect amount to be borrowed at such interest rate will be allocated among such Lenders in proportion to the maximum amount bid by that each such LenderLender offered at such interest rate. If the Borrower proposing the Competitive Bid Borrowing notifies the Administrative Agent that such Competitive Bid Borrowing is canceled pursuant to Section 2.5(d)(i2.07(d)(i), or if such Borrower fails to give timely notice in accordance with Section 2.07(d), the Administrative Agent shall give prompt notice thereof to the Lenders and such Competitive Bid Borrowing shall not be made.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Kraft Foods Inc), Revolving Credit Agreement (Kraft Foods Inc)

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Borrower Selection of Lender Bids. The Borrower proposing the Competitive Bid Borrowing shall, in turn, (A) before 11:00 a.m. 12:00 noon (New York City time) on the Business Day prior to the date of such proposed Competitive Bid Borrowing, in the case of a proposed Competitive Bid Borrowing to be a consisting of Fixed Rate Borrowing, Bid Advances and (B) before 12:00 noon (New York City time) three on the third Business Days before Day prior to the date of such proposed Competitive Bid Borrowing, in the case of a proposed Competitive Bid Borrowing to be a Eurodollar consisting of Floating Rate Bid BorrowingAdvances, either: (i) cancel such Competitive Bid Borrowing by giving the Agent Chase, as Administrative Agent, notice to that effect, or (ii) accept, in its sole discretion, one or more of the offers made by a any Lender or Lenders pursuant to Section 2.5(c2.07(c), by giving notice to the Agent Chase, as Administrative Agent, of the amount of each Competitive Bid Advance (which amount shall be equal to or greater than the minimum amount amount, and equal to or less than the maximum amount, notified to such Borrower by the Chase, as Administrative Agent on behalf of such Lender Lender, for such Competitive Bid Advance pursuant to Section 2.5(c)2.07(c) to be made by each Lender as part of such Competitive Bid Borrowing, and reject any remaining offers made by Lenders pursuant to Section 2.5(c2.07(c) by giving the Agent Chase, as Administrative Agent, notice to that effect; provided that . Such Borrower shall accept the offers will be accepted, if at all, made by any Lender or Lenders to make Competitive Bid Advances in order of the lowest to the highest rates of interest rates, and, if offered by such Lenders. If two or more Lenders bid at have offered the same interest rate, the Bid Borrowing with respect amount to be borrowed at such interest rate will be allocated among such Lenders in proportion to the maximum amount bid by that each such LenderLender offered at such interest rate. If the Borrower proposing the Competitive Bid Borrowing notifies the Agent Chase, as Administrative Agent, that such Competitive Bid Borrowing is canceled pursuant to Section 2.5(d)(i2.07(d)(i), the Agent or if such Borrower fails to give timely notice in accordance with Section 2.07(d), Chase, as Administrative Agent, shall give prompt notice thereof to the Lenders and such Competitive Bid Borrowing shall not be made.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Kraft Foods Inc), Revolving Credit Agreement (Altria Group Inc)

Borrower Selection of Lender Bids. The Borrower proposing the Competitive Bid Borrowing shall, in turn, (A) before 11:00 a.m. 12:00 noon (New York City time) on the Business Day prior to the date of such proposed Competitive Bid Borrowing, in the case of a proposed Competitive Bid Borrowing to be a consisting of Fixed Rate Borrowing, Bid Advances and (B) before 12:00 noon (New York City time) three on the third Business Days before Day prior to the date of such proposed Competitive Bid Borrowing, in the case of a proposed Competitive Bid Borrowing to be a Eurodollar consisting of Floating Rate Bid BorrowingAdvances, either: : (i) cancel i)cancel such Competitive Bid Borrowing by giving the Agent JPMCB, as Administrative Agent, notice to that effect, or or (ii) acceptii)accept, in its sole discretion, one or more of the offers made by a any Lender or Lenders pursuant to Section 2.5(c2.07(c), by giving notice to the Agent JPMCB, as Administrative Agent, of the amount of each Competitive Bid Advance (which amount shall be equal to or greater than the minimum amount amount, and equal to or less than the maximum amount, notified to such Borrower by the JPMCB, as Administrative Agent on behalf of such Lender Lender, for such Competitive Bid Advance pursuant to Section 2.5(c)2.07(c) to be made by each Lender as part of such Competitive Bid Borrowing, ) and reject any remaining offers made by Lenders pursuant to Section 2.5(c2.07(c) by giving the Agent JPMCB, as Administrative Agent, notice to that effect; provided that . Such Borrower shall accept the offers will be accepted, if at all, made by any Lender or Lenders to make Competitive Bid Advances in order of the lowest to the highest rates of interest rates, and, if offered by such Lenders. If two or more Lenders bid at have offered the same interest rate, the Bid Borrowing with respect amount to be borrowed at such interest rate will be allocated among such Lenders in proportion to the maximum amount bid by that each such LenderLender offered at such interest rate. If the Borrower proposing the Competitive Bid Borrowing notifies the Agent JPMCB, as Administrative Agent, that such Competitive Bid Borrowing is canceled pursuant to Section 2.5(d)(i2.07(d)(i), the Agent or if such Borrower fails to give timely notice in accordance with Section 2.07(d), JPMCB, as 18 Administrative Agent, shall give prompt notice thereof to the Lenders and such Competitive Bid Borrowing shall not be made.

Appears in 1 contract

Samples: Credit Agreement

Borrower Selection of Lender Bids. The Borrower proposing the Bid Borrowing shall, in turn, (A) before 11:00 a.m. (New York City time) on the date of such proposed Bid Borrowing, in the case of a proposed Bid Borrowing to be a Fixed Rate BorrowingBorrowing , and (B) before 12:00 noon (New York City time) three Business Days before the date of such proposed Bid Borrowing, in the case of a proposed Bid Borrowing to be a Eurodollar Rate Bid Borrowing, either: (i) cancel such Bid Borrowing by giving the Agent notice to that effect, or (ii) accept, in its sole discretion, one or more of the offers made by a Lender or Lenders pursuant to Section 2.5(c), by giving notice to the Agent of the amount of each Bid Advance (which amount shall be equal to or greater than the minimum amount and equal to or less than the maximum amount, notified to such Borrower by the Agent on behalf of such Lender for such Bid Advance pursuant to Section 2.5(c)) to be made by each Lender as part of such Bid Borrowing, and reject any remaining offers made by Lenders pursuant to Section 2.5(c) by giving the Agent notice to that effect; provided that offers will be accepted, if at all, in order of lowest to highest interest rates, and, if two or more Lenders bid at the same rate, the Bid Borrowing with respect to such rate will be allocated among such Lenders in proportion to the amount bid by each such Lender. If the Borrower proposing the Bid Borrowing notifies the Agent that such Bid Borrowing is canceled pursuant to Section 2.5(d)(i), the Agent shall give prompt notice thereof to the Lenders and such Bid Borrowing shall not be made.

Appears in 1 contract

Samples: Credit Agreement (Boeing Capital Corp)

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