Competitive Bid Loan Quote Requests. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.03, it shall transmit to the Funding Agent by telex or telecopy, at its Office, notice (a "Competitive Bid Loan Quote Request") so as to be received no later than 11:00 a.m. Pittsburgh time on (x) the fourth Business Day prior to the date of borrowing proposed therein, in the case of a LIBOR Auction or (y) the Business Day next preceding the date of borrowing proposed therein, in the case of a Base Rate Auction, CD Rate Auction or Absolute Rate Auction (or, in any case, such other time as the Borrower and Funding Agent may agree). The Borrower may request offers to make Competitive Bid Loans for different Interest Periods in a single notice; provided that the request for each separate Interest Period shall be deemed to be a separate Competitive Bid Loan Quote Request for a separate Competitive Bid Loan (all Competitive Bid Loans proposed to be made at one time herein collectively referred to as a "Competitive Bid Borrowing"). Each such notice shall be substantially in the form of Exhibit B hereto and in any case shall specify as to each Competitive Bid Borrowing: (i) The proposed date of such Competitive Bid Borrowing, which shall be a Business Day; (ii) The currency or currencies in which such Competitive Borrowing is to be made; (iii) The aggregate amount of such Competitive Bid Borrowing which shall be a Dollar Equivalent Amount 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), but shall not cause the limits specified in Section 2.04 hereof to be violated; (iv) The duration of the initial Interest Period or Periods applicable thereto, subject to the provisions of the definition of "Interest Period" (including without limitation that no such Interest Period shall end after the Competitive Bid Expiration Date); and (v) Whether the Competitive Bid Loan Quotes requested are to set forth a LIBOR-based Margin, a Base Rate Margin, a CD Rate Margin or an Absolute Rate.
Appears in 2 contracts
Samples: Short Term Revolving Credit Agreement (Foster Wheeler Corp), Revolving Credit Agreement (Foster Wheeler Corp)
Competitive Bid Loan Quote Requests. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.03, it shall transmit to the Funding Administrative Agent by telex or telecopy, at its Office, notice (a "Competitive Bid Loan Quote RequestCOMPETITIVE BID LOAN QUOTE REQUEST") so as to be received no later than 11:00 a.m. Pittsburgh 10:00 a.m., Los Angeles time on (x) the fourth Business Day prior to the date of borrowing proposed therein, in the case of a LIBOR Auction Auction, (y) the third Business Day prior to the date of Borrowing proposed therein, in the case of a CD Rate Auction, or (yz) the Business Day next preceding the date of borrowing proposed therein, in the case of a Base Rate Auction, CD Rate Auction or Absolute Rate Auction (or, in any case, such other time as the Borrower and Funding Administrative Agent may agree). The Borrower may request offers to make Competitive Bid Loans for different Interest Periods in a single notice; provided PROVIDED that the request for each separate Interest Period shall be deemed to be a separate Competitive Bid Loan Quote Request for a separate Competitive Bid Loan (all Competitive Bid Loans proposed to be made at one time herein collectively referred to as a "Competitive Bid BorrowingCOMPETITIVE BID BORROWING"). Each such notice shall be substantially in the form of Exhibit B hereto and in any case shall specify as to each Competitive Bid Borrowing:
(i) The proposed date of such Competitive Bid Borrowing, which shall be a Business Day;
(ii) The currency or currencies in which such Competitive Borrowing is to be made;
(iii) The aggregate amount of such Competitive Bid Borrowing which shall be a Dollar Equivalent Amount 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), but shall not cause the limits specified in Section 2.04 hereof to be violated;
(iv) The duration of the initial Interest Period or Periods applicable thereto, subject to the provisions of the definition of "Interest Period" (including without limitation that no such Interest Period shall end after the Competitive Bid Expiration Date); and
(v) Whether the Competitive Bid Loan Quotes requested are to set forth a LIBOR-based Margin, a Base Rate Margin, a CD Rate Margin or an Absolute Rate. The Borrower may not request Competitive Bid Borrowings for more than three maturities nor request more than one type of Competitive Bid Loan in a single Competitive Bid Borrowing. Unless the Administrative Agent otherwise agrees, in its sole and absolute discretion, the Borrower may not submit a request for a Competitive Bid Borrowing if it has submitted another such request within the prior two Business Days.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Foster Wheeler Corp), Short Term Revolving Credit Agreement (Foster Wheeler Corp)
Competitive Bid Loan Quote Requests. When the Borrower Parent wishes to request offers to make Competitive Bid Loans under this Section 2.03Article III, it shall transmit to the Funding Administrative Agent by telex or telecopyfacsimile transmission, at its Office, a notice (a "“Competitive Bid Loan Quote Request"”) so as to be received no later than 11:00 a.m. Pittsburgh New York time on (x) the fourth Business Day prior to the date of borrowing proposed therein, in the case of a LIBOR Auction or (y) the Business Day next preceding the date of borrowing proposed therein, in the case of a Base Rate Auction, CD Rate Auction or an Absolute Rate Auction (or, in any case, such other time as the Borrower Parent and Funding Administrative Agent may agree). The Borrower Parent may request offers to make Competitive Bid Loans for different Interest Periods in a single notice; provided that the request for each separate Interest Period shall be deemed to be a separate Competitive Bid Loan Quote Request for a separate Competitive Bid Loan (all Competitive Bid Loans proposed to be made at one time herein collectively referred to as a "“Competitive Bid Borrowing"”). Each such notice shall be substantially in the form of Exhibit B C hereto and in any case shall specify as to each Competitive Bid Borrowing:
(i) The the identity of the Relevant Borrower for such Competitive Bid Borrowing;
(ii) the proposed date of such Competitive Bid Borrowing, which shall be a Business Day;
(iiiii) The the currency or currencies in which such Competitive Bid Borrowing is to be made;
(iiiiv) The the aggregate amount of such Competitive Bid Borrowing which shall be a Dollar Equivalent Amount of at least $5,000,000 (or a higher integral multiple of $1,000,000) (but only to the extent practical in the case of Eurocurrency LoansCompetitive Bid Loans denominated in a currency other than Dollars), but shall not cause the limits specified in Section 2.04 3.01 hereof to be violated;
(ivv) The the duration of the initial Interest Period or Interest Periods applicable thereto, subject to the provisions of the definition of "“Interest Period" ” (including without limitation that no such Interest Period shall end after the Competitive Bid Expiration Date); and
(vvi) Whether whether the Competitive Bid Loan Quotes requested are to set forth a LIBOR-based Margin, a Base Rate Margin, a CD Rate Margin or an Absolute Rate. No Competitive Bid Loan Request shall be given if such request could result in more than six Competitive Bid Loans being outstanding at any one time unless otherwise permitted by the Administrative Agent.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Air Products & Chemicals Inc /De/), Revolving Credit Agreement (Air Products & Chemicals Inc /De/)
Competitive Bid Loan Quote Requests. When the Borrower Parent wishes to request offers to make Competitive Bid Loans under this Section 2.03Article III, it shall transmit to the Funding Administrative Agent by telex or telecopyfacsimile transmission, at its Office, a notice (a "“Competitive Bid Loan Quote Request"”) so as to be received no later than 11:00 a.m. Pittsburgh New York time on (x) the fourth Business Day prior to the date of borrowing proposed therein, in the case of a LIBOR Auction or (y) the Business Day next preceding the date of borrowing proposed therein, in the case of a Base Rate Auction, CD Rate Auction or an Absolute Rate Auction (or, in any case, such other time as the Borrower Parent and Funding Administrative Agent may agree). The Borrower Parent may request offers to make Competitive Bid Loans for different Interest Periods in a single notice; provided that provided, the request for each separate Interest Period shall be deemed to be a separate Competitive Bid Loan Quote Request for a separate Competitive Bid Loan (all Competitive Bid Loans proposed to be made at one time herein collectively referred to as a "“Competitive Bid Borrowing"”). Each such notice shall be substantially in the form of Exhibit B C hereto and in any case shall specify as to each Competitive Bid Borrowing:
(i) The the identity of the Relevant Borrower for such Competitive Bid Borrowing;
(ii) the proposed date of such Competitive Bid Borrowing, which shall be a Business Day;
(iiiii) The the currency or currencies in which such Competitive Bid Borrowing is to be made;
(iiiiv) The the aggregate amount of such Competitive Bid Borrowing which shall be a Dollar Equivalent Amount of at least $5,000,000 (or a higher integral multiple of $1,000,000) (but only to the extent practical in the case of Eurocurrency LoansCompetitive Bid Loans denominated in a currency other than Dollars), but shall not cause the limits specified in Section 2.04 3.01 hereof to be violated;
(ivv) The the duration of the initial Interest Period or Periods applicable thereto, subject to the provisions of the definition of "“Interest Period" ” (including without limitation that no such Interest Period shall end after the Competitive Bid Expiration Date); and
(vvi) Whether whether the Competitive Bid Loan Quotes requested are to set forth a LIBOR-based Margin, a Base Rate Margin, a CD Rate Margin or an Absolute Rate. No Competitive Bid Loan Request shall be given if such request could result in more than six Competitive Bid Loans being outstanding at any one time unless otherwise permitted by the Administrative Agent.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Air Products & Chemicals Inc /De/), Revolving Credit Agreement (Air Products & Chemicals Inc /De/)
Competitive Bid Loan Quote Requests. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.03, it shall transmit to the Funding Administrative Agent by telex or telecopy, at its Office, notice (a "Competitive Bid Loan Quote Request") so as to be received no later than 11:00 a.m. Pittsburgh 10:00 a.m., Los Angeles time on (x) the fourth Business Day prior to the date of borrowing proposed therein, in the case of a LIBOR Auction Auction, (y) the third Business Day prior to the date of Borrowing proposed therein, in the case of a CD Rate Auction, or (yz) the Business Day next preceding the date of borrowing proposed therein, in the case of a Base Rate Auction, CD Rate Auction or Absolute Rate Auction (or, in any case, such other time as the Borrower and Funding Administrative Agent may agree). The Borrower may request offers to make Competitive Bid Loans for different Interest Periods in a single notice; provided that the request for each separate Interest Period shall be deemed to be a separate Competitive Bid Loan Quote Request for a separate Competitive Bid Loan (all Competitive Bid Loans proposed to be made at one time herein collectively referred to as a "Competitive Bid Borrowing"). Each such notice shall be substantially in the form of Exhibit B hereto and in any case shall specify as to each Competitive Bid Borrowing:
: (i) The proposed date of such Competitive Bid Borrowing, which shall be a Business Day;
; (ii) The currency or currencies in which such Competitive Borrowing is to be made;
; (iii) The aggregate amount of such Competitive Bid Borrowing which shall be a Dollar Equivalent Amount 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), but shall not cause the limits specified in Section 2.04 hereof to be violated;
; (iv) The duration of the initial Interest Period or Periods applicable thereto, subject to the provisions of the definition of "Interest Period" (including without limitation that no such Interest Period shall end after the Competitive Bid Expiration Date); and
and (v) Whether the Competitive Bid Loan Quotes requested are to set forth a LIBOR-based Margin, a Base Rate Margin, a CD Rate Margin or an Absolute Rate. The Borrower may not request Competitive Bid Borrowings for more than three maturities nor request more than one type of Competitive Bid Loan in a single Competitive Bid Borrowing. Unless the Administrative Agent otherwise agrees, in its sole and absolute discretion, the Borrower may not submit a request for a Competitive Bid Borrowing if it has submitted another such request within the prior two Business Days.
Appears in 1 contract
Samples: Short Term Revolving Credit Agreement (Foster Wheeler Corp)
Competitive Bid Loan Quote Requests. When the a Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.03, it the Company (acting on behalf of the applicable Borrower) shall transmit to the Funding Administrative Agent by telex or telecopy, at its Office, notice (a "Competitive Bid Loan Quote RequestCOMPETITIVE BID LOAN QUOTE REQUEST") so as to be received no later than 11:00 a.m. Pittsburgh 10:00 a.m., Los Angeles time on (x) the fourth Business Day prior to the date of borrowing proposed therein, in the case of a LIBOR Auction Auction, (y) the third Business Day prior to the date of Borrowing proposed therein, in the case of a CD Rate Auction, or (yz) the Business Day next preceding the date of borrowing proposed therein, in the case of a Base Rate Auction, CD Rate Auction or Absolute Rate Auction (or, in any case, such other time as the Borrower Company and Funding Administrative Agent may agree). The Borrower Company (acting on behalf of the applicable Borrower) may request offers to make Competitive Bid Loans for different Interest Periods in a single notice; provided PROVIDED that the request for each separate Interest Period shall be deemed to be a separate Competitive Bid Loan Quote Request for a separate Competitive Bid Loan (all Competitive Bid Loans proposed to be made at one time herein collectively referred to as a "Competitive Bid BorrowingCOMPETITIVE BID BORROWING"). Each such notice shall be substantially in the form of Exhibit B hereto and in any case shall specify as to each Competitive Bid Borrowing:
(i) The proposed date of such Competitive Bid Borrowing, which shall be a Business Day;
(ii) The currency or currencies in which such Competitive Borrowing is to be made;
(iii) The aggregate amount of such Competitive Bid Borrowing which shall be a Dollar Equivalent Amount 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), but shall not cause the limits specified in Section 2.04 hereof to be violated;
(iv) The duration of the initial Interest Period or Periods applicable thereto, subject to the provisions of the definition of "Interest Period" (including without limitation that no such Interest Period shall end after the Competitive Bid Expiration Date); and
(v) Whether the Competitive Bid Loan Quotes requested are to set forth a LIBOR-based Margin, a Base Rate Margin, a CD Rate Margin or an Absolute Rate. The Company (acting on behalf of any Borrower) may not request Competitive Bid Borrowings for more than three maturities nor request more than one type of Competitive Bid Loan in a single Competitive Bid Borrowing. Unless the Administrative Agent otherwise agrees, in its sole and absolute discretion, the Company (acting on behalf of any Borrower) may not submit a request for a Competitive Bid Borrowing if it has submitted another such request within the prior two Business Days.
Appears in 1 contract
Competitive Bid Loan Quote Requests. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.03, it shall transmit to the Funding Administrative Agent by telex or telecopy, at 18 27 its Office, notice (a "Competitive Bid Loan Quote Request") so as to be received no later than 11:00 a.m. Pittsburgh 10:00 a.m., Los Angeles time on (x) the fourth Business Day prior to the date of borrowing proposed therein, in the case of a LIBOR Auction Auction, (y) the third Business Day prior to the date of Borrowing proposed therein, in the case of a CD Rate Auction, or (yz) the Business Day next preceding the date of borrowing proposed therein, in the case of a Base Rate Auction, CD Rate Auction or Absolute Rate Auction (or, in any case, such other time as the Borrower and Funding Administrative Agent may agree). The Borrower may request offers to make Competitive Bid Loans for different Interest Periods in a single notice; provided that the request for each separate Interest Period shall be deemed to be a separate Competitive Bid Loan Quote Request for a separate Competitive Bid Loan (all Competitive Bid Loans proposed to be made at one time herein collectively referred to as a "Competitive Bid Borrowing"). Each such notice shall be substantially in the form of Exhibit B hereto and in any case shall specify as to each Competitive Bid Borrowing:
: (i) The proposed date of such Competitive Bid Borrowing, which shall be a Business Day;
; (ii) The currency or currencies in which such Competitive Borrowing is to be made;
; (iii) The aggregate amount of such Competitive Bid Borrowing which shall be a Dollar Equivalent Amount 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), but shall not cause the limits specified in Section 2.04 hereof to be violated;
; (iv) The duration of the initial Interest Period or Periods applicable thereto, subject to the provisions of the definition of "Interest Period" (including without limitation that no such Interest Period shall end after the Competitive Bid Expiration Date); and
and (v) Whether the Competitive Bid Loan Quotes requested are to set forth a LIBOR-based Margin, a Base Rate Margin, a CD Rate Margin or an Absolute Rate. The Borrower may not request Competitive Bid Borrowings for more than three maturities nor request more than one type of Competitive Bid Loan in a single Competitive Bid Borrowing. Unless the Administrative Agent otherwise agrees, in its sole and absolute discretion, the Borrower may not submit a request for a Competitive Bid Borrowing if it has submitted another such request within the prior two Business Days.
Appears in 1 contract
Competitive Bid Loan Quote Requests. When the Borrower Parent wishes to request offers to make Competitive Bid Loans under this Section 2.03Article III, it shall transmit to the Funding Administrative Agent by telex or telecopyfacsimile transmission, at its Office, a notice (a "“Competitive Bid Loan Quote Request"”) so as to be received no later than 11:00 a.m. Pittsburgh New York time on (x) the fourth Business Day prior to the date of borrowing proposed therein, in the case of a LIBOR Auction or (y) the Business Day next preceding the date of borrowing proposed therein, in the case of a Base Rate Auction, CD Rate Auction or an Absolute Rate Auction (or, in any case, such other time as the Borrower Parent and Funding Administrative Agent may agree). The Borrower Parent may request offers to make Competitive Bid Loans for different Interest Periods in a single notice; provided that the request for each separate Interest Period shall be deemed to be a separate Competitive Bid Loan Quote Request for a separate Competitive Bid Loan (all Competitive Bid Loans proposed to be made at one time herein collectively referred to as a "#89365364v21 “Competitive Bid Borrowing"”). Each such notice shall be substantially in the form of Exhibit B C hereto and in any case shall specify as to each Competitive Bid Borrowing:
(i) The the identity of the Relevant Borrower for such Competitive Bid Borrowing;
(ii) the proposed date of such Competitive Bid Borrowing, which shall be a Business Day;
(iiiii) The the currency or currencies in which such Competitive Bid Borrowing is to be made;
(iiiiv) The the aggregate amount of such Competitive Bid Borrowing which shall be a Dollar Equivalent Amount of at least $5,000,000 (or a higher integral multiple of $1,000,000) (but only to the extent practical in the case of Eurocurrency LoansCompetitive Bid Loans denominated in a currency other than Dollars), but shall not cause the limits specified in Section 2.04 3.01 hereof to be violated;
(ivv) The the duration of the initial Interest Period or Interest Periods applicable thereto, subject to the provisions of the definition of "“Interest Period" ” (including without limitation that no such Interest Period shall end after the Competitive Bid Expiration Date); and
(vvi) Whether whether the Competitive Bid Loan Quotes requested are to set forth a LIBOR-based Margin, a Base Rate Margin, a CD Rate Margin or an Absolute Rate. No Competitive Bid Loan Request shall be given if such request could result in more than six Competitive Bid Loans being outstanding at any one time unless otherwise permitted by the Administrative Agent.
Appears in 1 contract
Samples: Revolving Credit Agreement (Air Products & Chemicals Inc /De/)