Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.16, it shall transmit to the Administrative Agent by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 hereto so as to be received no later than (i) 10:00 a.m. (Chicago time) at least five Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin or (ii) 9:00 a.m. (Chicago time) at least one Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate specifying: (i) the proposed Borrowing Date for the proposed Competitive Bid Loan, (ii) the requested aggregate principal amount of such Competitive Bid Loan, (iii) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Margin or an Absolute Rate, or both, and (iv) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or the Absolute Interest Period, if an Absolute Rate is requested. The Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five Interest Periods) in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five Business Days (or such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote Request. A Competitive Bid Quote Request that does not conform substantially to the form of Exhibit C-1 hereto shall be rejected, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopy.
Appears in 7 contracts
Samples: Unsecured Term Loan Agreement (First Industrial Realty Trust Inc), Unsecured Revolving Credit Agreement (First Industrial Realty Trust Inc), Unsecured Term Loan Agreement (First Industrial Realty Trust Inc)
Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.162.05, it shall transmit to the Administrative Agent by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 hereto so as to be received no later than (ia) 10:00 a.m. (Chicago time) at least five Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin Eurocurrency Auction, or (iib) 9:00 a.m. (Chicago time) at least one Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate Auction (or, in either case, such other time or date as the Borrower and the Agent shall have mutually agreed and shall have notified to the Lenders not later than the date of the Competitive Bid Quote Request for the first Eurocurrency Auction or Absolute Rate Auction for which such change is to be effective), specifying:
(i) the proposed Borrowing Date Date, which shall be a Business Day, for the proposed such Competitive Bid LoanAdvance,
(ii) the requested aggregate principal amount of such Competitive Bid LoanAdvance, which shall be $10,000,000 or a larger multiple of $5,000,000,
(iii) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Bid Margin or an Absolute Rate, or both, and
(iv) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or the Absolute Interest Period, if an Absolute Rate is requestedPeriod applicable thereto. The Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five Interest Periods) and for a Eurocurrency Auction and an Absolute Rate Auction in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five (5) Business Days (or such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote Request. A Competitive Bid Quote Request that does not conform substantially to the form format of Exhibit C-1 F hereto shall may be rejected, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopyfacsimile.
Appears in 5 contracts
Samples: Credit Agreement (Emerson Electric Co), Credit Agreement (Emerson Electric Co), Long Term Credit Agreement (Emerson Electric Co)
Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.16Section, it shall transmit to the Administrative Servicing Agent by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 B hereto so as to be received no not later than 1:00 P.M. (i) 10:00 a.m. (Chicago New York City time) at least five on (x) the fifth Business Days Day prior to the date of Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin Auction or (iiy) 9:00 a.m. (Chicago time) at least one the Business Day prior to next preceding the date of Borrowing Date proposed therein, in the case of a request for an Absolute Rate Auction (or, in either case, such other time or date as the Borrower and the Servicing Agent shall have mutually agreed and shall have notified to the Banks not later than the date of the Competitive Bid Quote Request for the first LIBOR Auction or Absolute Rate Auction for which such change is to be effective) specifying:
(i) the proposed Borrowing Date for the proposed Competitive Bid Loandate of Borrowing, which shall be a Business Day,
(ii) the requested aggregate principal amount of such Competitive Bid LoanBorrowing, which shall be $10,000,000 or a larger multiple of $1,000,000 and which shall not exceed the aggregate amount of the unused Commitments,
(iii) the duration of the Interest Period applicable thereto, subject to the provisions of the definition of Interest Period, and
(iv) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Bid Margin or an a Competitive Bid Absolute Rate, or both, and
(iv) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or the Absolute Interest Period, if an Absolute Rate is requested. The Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five Interest Periods) in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five Business Days (or such other number of days as the Borrower and the Administrative Servicing Agent may agree) of any other Competitive Bid Quote Request. A Competitive Bid Quote Request that does not conform substantially to the form of Exhibit C-1 hereto shall be rejected, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopy.
Appears in 5 contracts
Samples: Credit Agreement (Clorox Co /De/), Credit Agreement (Clorox Co /De/), Credit Agreement (Clorox Co /De/)
Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.162.3, it shall transmit to the Administrative Agent (whether or not it is the Competitive Bid Agent) by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 hereto M so as to be received no later than (i) 10:00 a.m. (Chicago time) at least five (5) Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin Eurodollar Auction or (ii) 9:00 a.m. (Chicago time) at least two (2) Business Days (or, if so agreed by the Borrower and the Administrative Agent, one (1) (but not less than one (1)) Business Day Day) prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate specifyingAuction. The Competitive Bid Quote Request shall specify whether the Borrower or the Administrative Agent shall be the Competitive Bid Agent with respect thereto, and, if the Administrative Agent is the Competitive Bid Agent, the Borrower shall deliver the Competitive Bid Quote Request to the Administrative Agent not later than 10:00 a.m. (New York time) on the day on which it is required to be delivered. Each Competitive Bid Quote Request shall specify:
(i) the proposed Borrowing Date Date, which shall be a Business Day, for the proposed Competitive Bid Loan,Advance;
(ii) the requested aggregate principal amount of such proposed Competitive Bid Loan,Advance, which shall be not less than $10,000,000 and in an integral multiple of $1,000,000 if in excess thereof;
(iii) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Bid Margin or an Absolute Rate, or both, ; and
(iv) the LIBOR Competitive Bid Interest Period, if a Competitive LIBOR Margin is requested, or Period applicable thereto (which may not end after the Absolute Interest Period, if an Absolute Rate is requestedlatest Revolving Credit Facility Termination Date). The Borrower may request offers to make Competitive Bid Loans for more than one Competitive Bid Interest Period (Period, but not more than five Competitive Bid Interest Periods) , in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five (5) Business Days (or such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote RequestRequest that did not result in a Competitive Bid Advance being made. A If the Administrative Agent is the Competitive Bid Agent, it may reject a Competitive Bid Quote Request that does not conform substantially to the form of Exhibit C-1 hereto shall be rejected, M and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopy.
Appears in 4 contracts
Samples: Credit Agreement (Horton D R Inc /De/), Credit Agreement (Horton D R Inc /De/), Credit Agreement (Horton D R Inc /De/)
Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.162.15, it shall transmit to the Administrative Agent by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 hereto so as to be received no later than (i) 10:00 a.m. (Chicago time) at least five Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin or (ii) 9:00 a.m. (Chicago time) at least one Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate specifying:
(i) the proposed Borrowing Date for the proposed Competitive Bid Loan,
(ii) the requested aggregate principal amount of such Competitive Bid LoanLoan which must be at least $10,000,000 and an integral multiple of $1,000,000,
(iii) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Margin or an Absolute Rate, or both, and
(iv) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or the Absolute Interest Period, if an Absolute Rate is requested. The Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five five) Interest Periods) Periods in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five Business Days (or such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote Request. A Competitive Bid Quote Request that does not conform substantially to the form of Exhibit C-1 hereto shall be rejected, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopy.
Appears in 4 contracts
Samples: Revolving Credit Agreement (Duke Realty Corp), Revolving Credit Agreement (Duke Realty Corp), Revolving Credit Agreement (Duke Realty Limited Partnership/)
Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.162.22, it shall transmit to the Administrative Agent by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 I-1 hereto so as to be received no later than (i) 10:00 11:00 a.m. (Chicago New York time) at least five Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin or (ii) 9:00 10:00 a.m. (Chicago New York time) at least one Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate specifying:
(i) the proposed Borrowing Date for the proposed Competitive Bid Loan,
(ii) the requested aggregate principal amount of such Competitive Bid LoanLoan which shall be at least $5,000,000 and in an integral multiple of $1,000,000,
(iii) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Margin or an Absolute Rate, or both, and
(iv) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or the Absolute Interest Period, if an Absolute Rate is requested. The Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five five) Interest Periods) Periods in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five Business Days (or such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote Request. A Competitive Bid Quote Request that does not conform substantially to the form of Exhibit C-1 I-1 hereto shall be rejected, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopy.
Appears in 3 contracts
Samples: Credit Agreement (DDR Corp), Credit Agreement (Developers Diversified Realty Corp), Credit Agreement (Developers Diversified Realty Corp)
Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.162.3, it shall transmit to the Administrative Agent (whether or not it is the Competitive Bid Agent) by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 hereto C so as to be received no later than (i) 10:00 a.m. (Chicago time) at least five (5) Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin Eurodollar Auction or (ii) 9:00 a.m. (Chicago time) at least two (2) Business Days (or, if so agreed by the Borrower and the Administrative Agent, one (1) (but not less than one (1)) Business Day Day) prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate specifyingAuction. The Competitive Bid Quote Request shall specify whether the Borrower or the Administrative Agent shall be the Competitive Bid Agent with respect thereto, and, if the Administrative Agent is the Competitive Bid Agent, the Borrower shall deliver the Competitive Bid Quote Request to the Administrative Agent not later than 10:00 a.m. (New York time) on the day on which it is required to be delivered. Each Competitive Bid Quote Request shall specify:
(i) the proposed Borrowing Date Date, which shall be a Business Day, for the proposed Competitive Bid Loan,Advance;
(ii) the requested aggregate principal amount of such proposed Competitive Bid Loan,Advance, which shall be not less than $10,000,000 and in an integral multiple of $1,000,000 if in excess thereof;
(iii) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Bid Margin or an Absolute Rate, or both, ; and
(iv) the LIBOR Competitive Bid Interest Period, if a Competitive LIBOR Margin is requested, or Period applicable thereto (which may not end after the Absolute Interest Period, if an Absolute Rate is requestedRevolving Credit Facility Termination Date). The Borrower may request offers to make Competitive Bid Loans for more than one Competitive Bid Interest Period (Period, but not more than five Competitive Bid Interest Periods) , in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five (5) Business Days (or such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote RequestRequest that did not result in a Competitive Bid Advance being made. A If the Administrative Agent is the Competitive Bid Agent, it may reject a Competitive Bid Quote Request that does not conform substantially to the form of Exhibit C-1 hereto shall be rejected, C and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopy.
Appears in 3 contracts
Samples: Credit Agreement (Toll Brothers Inc), Credit Agreement (Toll Brothers Inc), Credit Agreement (Toll Brothers Inc)
Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.162.4, it the Borrower shall transmit to the Administrative Agent by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 hereto so as to be received no later than (ix) 10:00 a.m. (Chicago time) at least five Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin Eurodollar Auction, or (iiy) 9:00 a.m. (Chicago time) at least one Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate specifyingAuction, specifying in accordance with all of the terms of this Agreement:
(i) the proposed Borrowing Date Date, which shall be a Business Day, for the proposed Competitive Bid Loan,Advance;
(ii) the requested aggregate principal amount of such Competitive Bid Loan,Advance;
(iii) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Bid Margin or an Absolute Rate, or both, ; and
(iv) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or the Absolute Interest Period, if an Absolute Rate is requestedPeriod applicable thereto. The Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five Interest Periods) and for a Eurodollar Auction and an Absolute Rate Auction in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five Business Days (or upon reasonable prior notice to the Lenders, such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote Request. Each Competitive Bid Quote Request shall be in a minimum amount of $5,000,000 (and in multiples of $500,000 in excess thereof). A Competitive Bid Quote Request that does not conform substantially to the form format of Exhibit C-1 "B" hereto shall be rejected, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopy.
Appears in 2 contracts
Samples: Credit Agreement (Firstar Corp /Wi/), Credit Agreement (Firstar Corp /Wi/)
Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.16Section, it the Borrower shall transmit to the Administrative Agent by telecopy telex or facsimile transmission a Competitive Bid Quote Request substantially in the form of Exhibit C-1 EXHIBIT H hereto so as to be received no not later than 10:30 A.M. (i) 10:00 a.m. (Chicago New York City time) at least five Business Days prior to on the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin or fourth (ii4th) 9:00 a.m. (Chicago time) at least one Business Day prior to the date of Borrowing Date proposed therein, in therein (or such other time or date as the case Borrower and the Administrative Agent shall have mutually agreed and shall have notified to the Lenders not later than the date of a request the Competitive Bid Quote Request for an Absolute Rate the first LIBOR Auction for which such change is to be effective) specifying:
(i) the proposed Borrowing Date for the proposed Competitive Bid Loan,date of Borrowing, which shall be a Business Day;
(ii) the requested aggregate principal amount of such Competitive Bid Loan,Borrowing, which shall be $20,000,000 or a larger multiple of $1,000,000 (which shall not exceed the Revolving Credit Availability);
(iii) whether the Competitive Bid Quotes requested are duration of the Eurodollar Interest Period applicable thereto, subject to set forth a Competitive LIBOR Margin or an Absolute Rate, or both, the provisions of Section 5.2(b); and
(iv) the LIBOR Interest Periodamount of all Competitive Bid Loans then outstanding (which, if a Competitive LIBOR Margin is requestedtogether with the requested Borrowing shall not exceed, or in the Absolute Interest Periodaggregate, if an Absolute Rate is requestedfifty percent (50%) of the Maximum Revolving Credit Amount). The Borrower may request offers to make Competitive Bid Loans for more than one one, two or three Eurodollar Interest Period (but not more than five Interest Periods) Periods in a single Competitive Bid Quote Request. No Borrower may not make more than two (2) Competitive Bid Quote Request shall be given within five Business Days Requests in any thirty (or such other number of days as the Borrower and the Administrative Agent may agree30) of any other Competitive Bid Quote Request. A Competitive Bid Quote Request that does not conform substantially to the form of Exhibit C-1 hereto shall be rejected, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopyday period.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Reckson Associates Realty Corp), Credit Agreement (Reckson Operating Partnership Lp)
Competitive Bid Quote Request. When the a Borrower (in such capacity, a “Requesting Borrower”) wishes to request offers to make Competitive Bid Loans under this Section 2.162.3, it shall transmit to the Administrative Agent by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 hereto so as to be received no later than (i) 10:00 11:00 a.m. (Chicago New York time) at least five Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin Eurodollar Auction, or (ii) 9:00 10:00 a.m. (Chicago New York time) at least one Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate Auction, specifying:
(ia) the proposed Borrowing Date Date, which shall be a Business Day, for the proposed such Competitive Bid LoanAdvance,
(iib) the requested aggregate principal amount of such Competitive Bid LoanAdvance,
(iiic) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Bid Margin or an Absolute Rate, or both,
(d) whether the proposed Competitive Bid Advance will be subject to prepayment, and
(ive) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or Period applicable thereto (which may not end after the Absolute Interest Period, if an Absolute Rate is requestedFacility Termination Date). The Requesting Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five Interest Periods) and for a Eurodollar Auction and an Absolute Rate Auction in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five 5 Business Days (or such other number of days as the requesting Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote Request. A Competitive Bid Quote Request that does not conform substantially to the form format of Exhibit C-1 E hereto shall be rejected, and the Administrative Agent shall promptly notify the Requesting Borrower of such rejection by telecopyrejection.
Appears in 2 contracts
Samples: Five Year Credit Agreement (Nationwide Financial Services Inc/), Five Year Credit Agreement (Nationwide Financial Services Inc/)
Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.162.22, it shall transmit to the Administrative Agent by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 I-1 hereto so as to be received no later than (i) 10:00 11:00 a.m. (Chicago New York time) at least five (5) Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin or (ii) 9:00 10:00 a.m. (Chicago New York time) at least one Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate specifying:
(i) the proposed Borrowing Date for the proposed Competitive Bid Loan,
(ii) the requested aggregate principal amount of such Competitive Bid LoanLoan which shall be at least $5,000,000 and in an integral multiple of $1,000,000,
(iii) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Margin or an Absolute Rate, or both, and
(iv) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or the Absolute Interest Period, if an Absolute Rate is requested. The Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five five) Interest Periods) Periods in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five Business Days (or such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote Request. A Competitive Bid Quote Request that does not conform substantially to the form of Exhibit C-1 I-1 hereto shall be rejected, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopy.
Appears in 2 contracts
Samples: Credit Agreement (SITE Centers Corp.), Credit Agreement (DDR Corp)
Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans Advances under this Section 2.16Article III, it shall transmit deliver to the Administrative Agent by telecopy a Competitive Bid Quote Request substantially by telephone (confirmed immediately in the form of Exhibit C-1 hereto writing), telecopier or telex so as to be received no later than (ix) 10:00 a.m. (Chicago time) at least five four Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin Eurocurrency Auction or EURIBOR Auction or (iiy) 9:00 a.m. (Chicago time) at least one Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate Auction (or, in either case upon reasonable prior notice to the Banks, such other time and date as the Borrower and the Administrative Agent may agree), specifying:
(ia) the proposed Borrowing Date Date, which shall be a Business Day, for the proposed Competitive Bid Loan,Advances;
(iib) the requested aggregate principal amount and currency of such Competitive Bid Loan,Advances;
(iiic) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Bid Margin (and, if so, whether based on a Eurocurrency Rate or EURIBOR) or an Absolute Rate, or both, ;
(d) the Interest Period and Agreed Currency applicable thereto; and
(ive) if fewer than all Banks are to be solicited, the LIBOR Interest Periodnames of the Banks to be solicited; provided that the Borrower shall not specify fewer than all of the Banks, and the Administrative Agent shall reject any Competitive Bid Quote Request that specifies fewer than all of the Banks, if a the aggregate Dollar Amount of all Competitive LIBOR Margin is requested, Bid Advances which will be outstanding after giving effect to the Competitive Bid Advances requested in such Competitive Bid Quote Request and which shall have been made in response to one or more Competitive Bid Quote Requests that specified fewer than all of the Absolute Interest Period, if an Absolute Rate is requestedBanks exceeds $150,000,000. The Borrower may request offers to make Competitive Bid Loans Advances for more than one Interest Period (Period, but not more than five eight Interest Periods) , in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five Business Days (or such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote Request. A Competitive Bid Quote Request that does not conform substantially to the form format of Exhibit C-1 3.02 hereto shall be rejected, and the Administrative Agent shall promptly notify the Borrower of such rejection by telephone, telex, or telecopy.
Appears in 2 contracts
Samples: Credit Agreement (Baxter International Inc), Credit Agreement (Baxter International Inc)
Competitive Bid Quote Request. When the a Borrower (in such capacity, a “Requesting Borrower”) wishes to request offers to make Competitive Bid Loans under this Section 2.162.3, it shall transmit to the Administrative Agent by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 hereto so as to be received no later than (i) 10:00 a.m. (Chicago time) at least five Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin Eurodollar Auction, or (ii) 9:00 a.m. (Chicago time) at least one Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate Auction, specifying:
(ia) the proposed Borrowing Date Date, which shall be a Business Day, for the proposed such Competitive Bid LoanAdvance,
(iib) the requested aggregate principal amount of such Competitive Bid LoanAdvance,
(iiic) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Bid Margin or an Absolute Rate, or both,
(d) whether the proposed Competitive Bid Advance will be subject to prepayment, and
(ive) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or Period applicable thereto (which may not end after the Absolute Interest Period, if an Absolute Rate is requestedRevolving Credit Termination Date). The Requesting Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five Interest Periods) and for a Eurodollar Auction and an Absolute Rate Auction in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five 5 Business Days (or such other number of days as the requesting Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote Request. A Competitive Bid Quote Request that does not conform substantially to the form format of Exhibit C-1 F hereto shall be rejected, and the Administrative Agent shall promptly notify the Requesting Borrower of such rejection by telecopyrejection.
Appears in 2 contracts
Samples: 364 Day Credit Agreement (Nationwide Financial Services Inc/), 364 Day Credit Agreement (Nationwide Financial Services Inc/)
Competitive Bid Quote Request. When the Borrower wishes to ----------------------------- request offers to make Competitive Bid Loans under this Section 2.162.3, it shall transmit to the Administrative Agent by telex or telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 "C" hereto so as to be received no later than (i) 10:00 a.m. (Chicago time) at least five four Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin Eurodollar Auction or (ii) 9:00 a.m. (Chicago time) at least one Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate Auction specifying:
(i) the proposed Borrowing Date Date, which shall be a Business Day, for the proposed Competitive Bid Loan,Advance;
(ii) the requested aggregate principal amount of such Competitive Bid Loan,Advance;
(iii) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Margin or Eurodollar Bid Rate, an Absolute Rate, or both, ; and
(iv) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or Period applicable thereto (which may not end after the Absolute Interest Period, if an Absolute Rate is requestedTermination Date). The Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five Interest Periods) in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five 5 Business Days (or such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote Request. A Competitive Bid Quote Request that does not conform substantially to the form format of Exhibit C-1 "C" hereto shall be rejected, and the Administrative Agent shall promptly notify the Borrower of such rejection by telex or telecopy.
Appears in 2 contracts
Samples: Credit Agreement (Torchmark Corp), Credit Agreement (Torchmark Corp)
Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.162.15, it shall transmit to the Administrative Agent by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 hereto so as to be received no later than (i) 10:00 a.m. (Chicago time) at least five (5) Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin or (ii) 9:00 a.m. (Chicago time) at least one (1) Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate specifying:
(i) the proposed Borrowing Date for the proposed Competitive Bid Loan,
(ii) the requested aggregate principal amount of such Competitive Bid LoanLoan which must be at least $5,000,000 and an integral multiple of $1,000,000,
(iii) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Margin or an Absolute Rate, or both, and
(iv) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or the Absolute Interest Period, if an Absolute Rate is requested. The Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (1) (but not more than five (5)) Interest Periods) Periods in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five (5) Business Days (or such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote Request. A Competitive Bid Quote Request that does not conform substantially to the form of Exhibit C-1 hereto shall be rejected, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopy.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Duke Realty Limited Partnership/), Revolving Credit and Term Loan Agreement (Duke Realty Limited Partnership/)
Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.162.3, it Borrower shall transmit to the Administrative Agent by telecopy a Competitive Bid Quote Request substantially (in the form of as attached hereto as Exhibit C-1 hereto so as E-1) to be received no later than (i) 10:00 a.m. (Chicago 11:00 a.m., Dallas time) , at least five (5) Business Days prior to the Borrowing Date proposed therein, therein in the case of a request for a Competitive LIBOR Margin or Bid Pricing Loan and three (ii3) 9:00 a.m. (Chicago time) at least one Business Day Days prior to the Borrowing Date proposed therein, therein in the case of a request for an Absolute Competitive Bid Fixed Rate specifyingLoan, specifying in accordance with all of the terms of this Agreement:
(i) the proposed Borrowing Date for the proposed Competitive Bid Loan,Advance;
(ii) the requested aggregate principal amount of such Competitive Bid Loan,Advance (which must be at least $10,000,000 or a larger multiple of $1,000,000);
(iii) whether the Interest Period applicable thereto in the case of a Competitive Bid Quotes requested are to set forth a Pricing Loan (provided that the seven (7) day and the twelve (12) month Interest Period options shall not be available in the case for Competitive LIBOR Margin Bid Pricing Loans) or an Absolute Ratethe term in the case of Competitive Bid Fixed Rate Loan (which term must be not shorter than fourteen (14) days and not longer than six (6) months), and in the case of any Competitive Bid Loan such Interest Period or bothterm, andas the case may be, shall not extend past the Termination Date;
(iv) the LIBOR Interest Periodwhether such request is for a Competitive Bid Pricing Loan or a Competitive Bid Fixed Rate Loan; and
(v) whether a Competitive Bid Auction Fee is due in connection with such Competitive Bid Quote Request and, if a Competitive LIBOR Margin is requestedso, or the Absolute Interest Period, if an Absolute Rate is requestedagreement to pay same. The Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five Interest Periods) and term and for both Competitive Bid Pricing Loans and Competitive Bid Fixed Rate Loans in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five (5) Business Days (or upon reasonable prior notice to the Lenders, such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote Request. Each Competitive Bid Quote Request shall be in a minimum amount of $10,000,000 or a larger multiple of $1,000,000. Borrower shall not be entitled to have more than four (4) Competitive Bid Loans outstanding at any time. A Competitive Bid Quote Request that does not conform substantially to the form format of Exhibit C-1 hereto E-1 hereto, or for which any Competitive Bid Auction Fee, if applicable, is not timely paid, shall be rejected, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopy.
Appears in 2 contracts
Samples: Credit Agreement (Camden Property Trust), Credit Agreement (Camden Property Trust)
Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.162.3, it shall transmit to the Administrative Agent (whether or not it is the Competitive Bid Agent) by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 hereto C so as to be received no later than (i) 10:00 a.m. (Chicago time) at least five (5) Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin Eurodollar Auction or (ii) 9:00 a.m. (Chicago time) at least two (2) Business Days (or, if so agreed by the Borrower and the Administrative Agent, one (1) (but not less than one (1)) Business Day Day) prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate specifyingAuction. The Competitive Bid Quote Request shall specify whether the Borrower or the Administrative Agent shall be the Competitive Bid Agent with respect thereto, and, if the Administrative Agent is the Competitive Bid Agent, the Borrower shall deliver the Competitive Bid Quote Request to the Administrative Agent not later than 10:00 a.m. (New York time) on the day on which it is required to be delivered. Each Competitive Bid Quote Request shall specify:
(i) the proposed Borrowing Date Date, which shall be a Business Day, for the proposed Competitive Bid Loan,Advance;
(ii) the requested aggregate principal amount of such proposed Competitive Bid Loan,Advance, which shall be not less than $10,000,000 and in an integral multiple of $1,000,000 if in excess thereof;
(iii) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Bid Margin or an Absolute Rate, or both, ; and
(iv) the LIBOR Competitive Bid Interest Period, if a Competitive LIBOR Margin is requested, or Period applicable thereto (which may not end after the Absolute Interest Period, if an Absolute Rate is requestedRevolving Credit Facility Termination Date). The Borrower may request offers to make Competitive Bid Loans for more than one Competitive Bid Interest Period (Period, but not more than five Competitive Bid Interest Periods) , in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five (5) Business Days (or such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote RequestRequest that did not result in a Competitive Bid Advance being made. A If the Administrative Agent is the Competitive Bid Agent, it may reject a Competitive Bid Quote Request that does not conform substantially to the form of Exhibit C-1 hereto shall be rejectedC, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopy.
Appears in 2 contracts
Samples: Credit Agreement (Toll Brothers Inc), Credit Agreement (Toll Brothers Inc)
Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.162.3, it shall transmit to the Administrative Agent by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 hereto so as to be received no later than (i) 10:00 11:00 a.m. (Chicago time) at least five Business Days prior to the Borrowing Date proposed therein; provided that, in the case of a request for a Competitive LIBOR Margin or (ii) 9:00 Bid Quote Request solely requesting an Absolute Bid Rate Auction does not need to be received by the Administrative Agent until no later than 10:00 a.m. (Chicago time) at least one Business Day prior to the Borrowing Date proposed therein, and in the each case of a request for an Absolute Rate specifying:
(ia) the proposed Borrowing Date Date, which shall be a Business Day, for the proposed Competitive Bid Loan,
(ii) the requested aggregate principal amount of such Competitive Bid Loan,;
(iiib) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Margin or Bid Margin, an Absolute Bid Rate, or both, ;
(c) the aggregate principal amount of each Type of Competitive Bid Loan requested;
(d) the Interest Periods applicable thereto (which may not end after the Facility Termination Date); and
(ive) the LIBOR Interest Period, if a whether such Competitive LIBOR Margin is requested, or the Absolute Interest Period, if an Absolute Rate is requestedBid Loans shall be subject to prepayment. The Borrower may request offers to make Competitive Bid Loans for more than one (1) Interest Period (and either a Eurodollar Auction or an Absolute Bid Rate Auction, but not more than five Interest Periods) both, in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given (x) while another Competitive Bid Quote Request is outstanding or (y) within five (5) Business Days (or such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote Request. A Competitive Bid Quote Request that does not conform substantially to the form format of Exhibit C-1 2.3.2 hereto shall be rejectedrejected by the Administrative Agent, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopyrejection.
Appears in 2 contracts
Samples: Credit Agreement (WGL Holdings Inc), Credit Agreement (WGL Holdings Inc)
Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.162.3, it shall transmit to the Administrative Agent by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 hereto so as to be received no later than (i) 10:00 a.m. (Chicago time) at least five Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin Eurodollar Auction, or (ii) 9:00 a.m. (Chicago time) at least one Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate Auction, specifying:
(ia) the proposed Borrowing Date Date, which shall be a Business Day, for the proposed such Competitive Bid LoanAdvance,
(iib) the requested aggregate principal amount of such Competitive Bid LoanAdvance,
(iiic) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Bid Margin or an Absolute Rate, or both, and
(ivd) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or Period applicable thereto (which may not end after the Absolute Interest Period, if an Absolute Rate is requestedFacility Termination Date). The Borrower may request offers to make Competitive Bid Loans for more than one Interest Period and for a Eurodollar Auction and an Absolute Rate Auction (but not more than five Interest Periodsalternatively or in combination) in within a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five 5 Business Days (or such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote Request. A Competitive Bid Quote Request that does not conform substantially to the form format of Exhibit C-1 F hereto shall be rejected, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopyrejection.
Appears in 2 contracts
Samples: Credit Agreement (Amli Residential Properties Trust), Credit Agreement (Amli Residential Properties Trust)
Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.162.3, it Borrower shall transmit to the Administrative Agent by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 hereto so as to be received no later than (i) 10:00 a.m. (Chicago 11:00 a.m., Dallas time) , at least five Business Days prior to the Borrowing Date proposed therein, specifying in accordance with all of the case terms of a request for a Competitive LIBOR Margin or (ii) 9:00 a.m. (Chicago time) at least one Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate specifyingthis Agreement:
(i) the proposed Borrowing Date for the proposed Competitive Bid Loan,Advance;
(ii) the requested aggregate principal amount in Dollar Equivalents of such Competitive Bid Loan,Advance;
(iii) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Margin or an Absolute Rate, or both, andInterest Period applicable thereto;
(iv) the LIBOR Interest Period, if whether such request is for a Competitive LIBOR Margin Bid Pricing Loan or a Competitive Bid Foreign Currency Loan; and
(v) in the case of Competitive Bid Foreign Currency Loans, the currency in which such Advance is requested, or the Absolute Interest Period, if an Absolute Rate is requestedto be made. The Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five Interest Periods) and for both Competitive Bid Pricing Loans and Competitive Bid Foreign Currency Loans in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five Business Days (or upon reasonable prior notice to the Revolving Lenders, such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote Request. Each Competitive Bid Quote Request shall be in a minimum amount of $5,000,000 or a larger multiple of $1,000,000. Borrower shall not be entitled to have more than six Competitive Bid Loans outstanding at any time. A Competitive Bid Quote Request that does not conform substantially to the form format of Exhibit C-1 E hereto shall be rejected, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopy.
Appears in 2 contracts
Samples: Credit Agreement (Amresco Inc), Credit Agreement (Amresco Inc)
Competitive Bid Quote Request. When the a Borrower (in such capacity, a "REQUESTING BORROWER") wishes to request offers to make Competitive Bid Loans under this Section 2.16SECTION 2.3, it shall transmit to the Administrative Agent by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 hereto so as to be received no later than (i) 10:00 a.m. (Chicago time) at least five Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin Eurodollar Auction, or (ii) 9:00 a.m. (Chicago time) at least one Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate Auction, specifying:
(ia) the proposed Borrowing Date Date, which shall be a Business Day, for the proposed such Competitive Bid LoanAdvance,
(iib) the requested aggregate principal amount of such Competitive Bid LoanAdvance,
(iiic) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Bid Margin or an Absolute Rate, or both,
(d) whether the proposed Competitive Bid Advance will be subject to prepayment, and
(ive) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or Period applicable thereto (which may not end after the Absolute Interest Period, if an Absolute Rate is requestedFacility Termination Date). The Requesting Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five Interest Periods) and for a Eurodollar Auction and an Absolute Rate Auction in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five 5 Business Days (or such other number of days as the requesting Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote Request. A Competitive Bid Quote Request that does not conform substantially to the form format of Exhibit C-1 EXHIBIT F hereto shall be rejected, and the Administrative Agent shall promptly notify the Requesting Borrower of such rejection by telecopyrejection.
Appears in 2 contracts
Samples: 364 Day Credit Agreement (Nationwide Financial Services Inc/), Credit Agreement (Nationwide Financial Services Inc/)
Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.162.3, it shall transmit to the Administrative Agent by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 C hereto so as to be received no later than (ia) 10:00 a.m. (Chicago time) at least five Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin Eurodollar Auction or (iib) 9:00 a.m. (Chicago time) at least one Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate Auction specifying:
(ia) the proposed Borrowing Date Date, which shall be a Business Day, for the proposed Competitive Bid Loan,Advance;
(iib) the requested aggregate principal amount of such Competitive Bid Loan,Advance;
(iiic) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Margin or Eurodollar Bid Rate, an Absolute Rate, or both, ; and
(ivd) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or Period applicable thereto (which may not end after the Absolute Interest Period, if an Absolute Rate is requestedFacility Termination Date). The Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five Interest Periods) in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five 5 Business Days (or such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote Request. A Competitive Bid Quote Request that does not conform substantially to the form format of Exhibit C-1 C hereto shall be rejected, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopy.
Appears in 2 contracts
Samples: Credit Agreement (Ralcorp Holdings Inc /Mo), Credit Agreement (Ralcorp Holdings Inc /Mo)
Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.162.3, it shall transmit to the Administrative Agent (whether or not it is the Competitive Bid Agent) by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 hereto M so as to be received no later than (i) 10:00 a.m. (Chicago time) at least five (5) Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin Eurodollar Auction or (ii) 9:00 a.m. (Chicago time) at least two (2) Business Days (or, if so agreed by the Borrower and the Administrative Agent, one (1) (but not less than one (1)) Business Day Day) prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate specifyingAuction. The Competitive Bid Quote Request shall specify whether the Borrower or the Administrative Agent shall be the Competitive Bid Agent with respect thereto, and, if the Administrative Agent is the Competitive Bid Agent, the Borrower shall deliver the Competitive Bid Quote Request to the Administrative Agent not later than 10:00 a.m. (New York time) on the day on which it is required to be delivered. Each Competitive Bid Quote Request shall specify:
(i) the proposed Borrowing Date Date, which shall be a Business Day, for the proposed Competitive Bid Loan,Advance;
(ii) the requested aggregate principal amount of such proposed Competitive Bid Loan,Advance, which shall be not less than $10,000,000 and in an integral multiple of $1,000,000 if in excess thereof;
(iii) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Bid Margin or an Absolute Rate, or both, ; and
(iv) the LIBOR Competitive Bid Interest Period, if a Competitive LIBOR Margin is requested, or Period applicable thereto (which may not end after the Absolute Interest Period, if an Absolute Rate is requestedRevolving Credit Facility Termination Date). The Borrower may request offers to make Competitive Bid Loans for more than one Competitive Bid Interest Period (Period, but not more than five Competitive Bid Interest Periods) , in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five (5) Business Days (or such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote RequestRequest that did not result in a Competitive Bid Advance being made. A If the Administrative Agent is the Competitive Bid Agent, it may reject a Competitive Bid Quote Request that does not conform substantially to the form of Exhibit C-1 hereto shall be rejected, M and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopy.
Appears in 2 contracts
Samples: 364 Day Credit Agreement (Horton D R Inc /De/), Credit Agreement (Horton D R Inc /De/)
Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.16SECTION 2.14, it shall transmit to the Administrative Agent by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit EXHIBIT C-1 hereto so as to be received no later than (i) 10:00 a.m. (Chicago time) at least five Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin or (ii) 9:00 a.m. (Chicago time) at least one Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate specifying:
(i) the proposed Borrowing Date for the proposed Competitive Bid Loan,
(ii) the requested aggregate principal amount of such Competitive Bid LoanLoan which must be at least $10,000,000 and an integral multiple of $1,000,000,
(iii) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Margin or an Absolute Rate, or both, and
(iv) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or the Absolute Interest Period, if an Absolute Rate is requested. The Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five five) Interest Periods) Period in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five Business Days (or such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote Request. A Competitive Bid Quote Request that does not conform substantially to the form of Exhibit EXHIBIT C-1 hereto shall be rejected, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopy.
Appears in 2 contracts
Samples: Unsecured Revolving Credit Agreement (Centerpoint Properties Trust), Unsecured Revolving Credit Agreement (Centerpoint Properties Trust)
Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.16, it shall transmit to the Administrative Agent by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 hereto so as to be received no later than (i) 10:00 a.m. (Chicago time) at least five Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin Margin, or (ii) 9:00 a.m. (Chicago time) at least one Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate Rate, specifying:
: (i) i0 the proposed Borrowing Date for the proposed Competitive Bid Loan,
, (ii) ii0 the requested aggregate principal amount of such Competitive Bid Loan,
, which shall not be less than $5,000,000 and which shall be an integral multiple of $1,000,000, (iii) iii0 whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Margin or an Absolute Rate, or both, and
and (iv) iv0 the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or the Absolute Interest Period, if an Absolute Rate is requested. The Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five Interest Periods) in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five Business Days (or such other number of days as the Borrower and the Administrative Agent may agree) of any other conforming Competitive Bid Quote Request. A Competitive Bid Quote Request that does not conform substantially to the form of Exhibit C-1 hereto shall be rejected, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopy.
Appears in 1 contract
Samples: Unsecured Revolving Credit Agreement (Bradley Real Estate Inc)
Competitive Bid Quote Request. When the a Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.162.05, it such Borrower shall transmit to the Administrative Agent by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 hereto so as to be received no later than 11:30 A.M. (i) 10:00 a.m. (Chicago New York City time) at least (x) five Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin Eurocurrency Auction, or (iiy) 9:00 a.m. (Chicago time) at least one Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate specifyingAuction, specifying in accordance with all of the terms of this Credit Agreement:
(i) the proposed Borrowing Date for the proposed Competitive Bid Loan,Advance;
(ii) the requested aggregate principal amount of such Competitive Bid Loan,Advance;
(iii) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Bid Margin or an Absolute Rate, or both, and;
(iv) the LIBOR Interest Period, if a Period applicable thereto; and
(v) the Borrower to which such proposed Competitive LIBOR Margin Bid Advance is requested, or the Absolute Interest Period, if an Absolute Rate is requestedto be made. The A Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five Interest Periods) and for a Eurocurrency Auction and an Absolute Rate Auction in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five Business Days (or upon reasonable prior notice to the Lenders, such other number of days as the Borrower Borrowers and the Administrative Agent may agree) of any other Competitive Bid Quote Request. Each Competitive Bid Quote Request shall be in a minimum amount of $25,000,000 or a larger multiple of $5,000,000. A Competitive Bid Quote Request that does not conform substantially to the form format of Exhibit C-1 "B" hereto shall be rejected, and the Administrative Agent shall promptly notify the applicable Borrower of such rejection by telecopy.
Appears in 1 contract
Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.16Section, it shall transmit to the Administrative Servicing Agent by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 B hereto so as to be received no not later than 10:30 A.M. (i) 10:00 a.m. (Chicago New York City time) at least five on (x) the fifth Business Days Day prior to the date of Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin Auction or (iiy) 9:00 a.m. (Chicago time) at least one the Business Day prior to next preceding the date of Borrowing Date proposed therein, in the case of a request for an Absolute Rate Auction (or, in either case, such other time or date as the Borrower and the Servicing Agent shall have mutually agreed and shall have notified to the Banks not later than the date of the Competitive Bid Quote Request for the first LIBOR Auction or Absolute Rate Auction for which such change is to be effective) specifying:
: (i) the proposed Borrowing Date for the proposed Competitive Bid Loan,
date of Borrowing, which shall be a Business Day, (ii) the requested aggregate principal amount of such Competitive Bid Loan,
Borrowing, which shall be $10,000,000 or a larger multiple of $1,000,000 and which shall not exceed the aggregate amount of the unused Commitments, (iii) the duration of the Interest Period applicable thereto, subject to the provisions of the definition of Interest Period, and (iv) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Bid Margin or an a Competitive Bid Absolute Rate, or both, and
(iv) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or the Absolute Interest Period, if an Absolute Rate is requested. The Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five Interest Periods) in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five Business Days (or such other number of days as the Borrower and the Administrative Servicing Agent may agree) of any other Competitive Bid Quote Request. A Competitive Bid Quote Request that does not conform substantially to the form of Exhibit C-1 hereto shall be rejected, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopy.
Appears in 1 contract
Samples: Credit Agreement (Clorox Co /De/)
Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.16SECTION 2.22, it shall transmit to the Administrative Agent by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 EXHIBIT I-1 hereto so as to be received no later than (i) 10:00 a.m. (Chicago time) at least five Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin or (ii) 9:00 a.m. (Chicago time) at least one Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate specifying:
(i) the proposed Borrowing Date for the proposed Competitive Bid Loan,
(ii) the requested aggregate principal amount of such Competitive Bid LoanLoan which shall be at least $5,000,000 and in an integral multiple of $1,000,000,
(iii) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Margin or an Absolute Rate, or both, and
(iv) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or the Absolute Interest Period, if an Absolute Rate is requested. The Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five five) Interest Periods) Periods in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five Business Days (or such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote RequestRequest or Invitation for Competitive Bid Quotes. A Competitive Bid Quote Request that does not conform substantially to the form of Exhibit C-1 EXHIBIT I-1 hereto shall be rejected, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopy.
Appears in 1 contract
Samples: Credit Agreement (Developers Diversified Realty Corp)
Competitive Bid Quote Request. When the Borrower Company or a Borrowing Subsidiary wishes to request offers to make Competitive Bid Loans under this Section 2.162.4, it shall the Company shall, on its behalf or on behalf of a Borrowing Subsidiary, transmit to the Administrative Agent by telecopy or electronic mail a Competitive Bid Quote Request substantially in the form of Exhibit C-1 hereto so as to be received no later than (ix) 1:00 p.m. (London time) at least five Business Days prior to the Borrowing Date proposed therein, in the case of a Eurocurrency Auction in an Agreed Currency other than Dollars, (y) 10:00 a.m. (Chicago time) at least five Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin Eurocurrency Auction in Dollars, or (iiz) 9:00 a.m. (Chicago time) at least one Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate Auction, specifying:
(ia) the proposed Borrowing Date Date, which shall be a Business Day, for such Competitive Bid Advance;
(b) the proposed currency of such Competitive Bid Loan,Advance, which shall be an Agreed Currency in the case of a Eurocurrency Auction or Dollars in the case of an Absolute Rate Auction; provided that after giving effect to such Competitive Bid Advance, the outstanding Advances shall be denominated in not more than eight Agreed Currencies (including Dollars);
(iic) the requested aggregate principal amount of such Competitive Bid Loan,Advance;
(iiid) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Bid Margin or an Absolute Rate, or both, ;
(e) the Interest Period applicable thereto (which may not end after the Termination Date); and
(ivf) whether such Competitive Bid Advance is to be made to the LIBOR Interest Period, if Company or to a Competitive LIBOR Margin is requested, or the Absolute Interest Period, if an Absolute Rate is requestedBorrowing Subsidiary. The Borrower Company may request offers to make Competitive Bid Loans for more than one Interest Period (and for a Eurocurrency Auction and an Absolute Rate Auction but for not more than five Interest Periods) one currency in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five 5 Business Days (or upon reasonable prior notice to the Lenders, such other number of days as the Borrower Company and the Administrative Agent may agree) of any other Competitive Bid Quote Request. Each Competitive Bid Quote Request shall be in a minimum amount of $5,000,000 or a larger multiple of $1,000,000 (or the Approximate Equivalent Amount if denominated in an Agreed Currency other than Dollars); provided that upon giving effect to such Competitive Bid Advance, the then aggregate outstanding principal Dollar Amount of all Advances shall not exceed the aggregate amount of the Commitments then in effect. A Competitive Bid Quote Request that does not conform substantially to the form format of Exhibit C-1 D hereto shall be rejected, and the Administrative Agent shall promptly notify the Borrower Company of such rejection by telecopy.
Appears in 1 contract
Competitive Bid Quote Request. When the a Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.162.05, it shall transmit to the Administrative Agent by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 hereto so as to be received no later than (ia) 10:00 a.m. (Chicago time) at least five Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin Eurocurrency Auction, or (iib) 9:00 a.m. (Chicago time) at least one Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate Auction (or, in either case, such other time or date as such Borrower and the Agent shall have mutually agreed and shall have notified to the Lenders not later than the date of the Competitive Bid Quote Request for the first Eurocurrency Auction or Absolute Rate Auction for which such change is to be effective), specifying:
(i) the proposed Borrowing Date Date, which shall be a Business Day, for the proposed such Competitive Bid LoanAdvance,
(ii) the requested aggregate principal amount of such Competitive Bid LoanAdvance, which shall be $10,000,000 or a larger multiple of $5,000,000,
(iii) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Bid Margin or an Absolute Rate, or both, and
(iv) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or the Absolute Interest Period, if an Absolute Rate is requestedPeriod applicable thereto. The A Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five Interest Periods) and for a Eurocurrency Auction and an Absolute Rate Auction in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five (5) Business Days (or such other number of days as the applicable Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote Request. A Competitive Bid Quote Request that does not conform substantially to the form format of Exhibit C-1 F hereto shall may be rejected, and the Administrative Agent shall promptly notify the applicable Borrower of such rejection by telecopyfacsimile.
Appears in 1 contract
Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.16SECTION 2.15, it shall transmit to the Administrative Agent by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit EXHIBIT C-1 hereto so as to be received no later than (i) 10:00 a.m. (Chicago time) at least five Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin or (ii) 9:00 a.m. (Chicago time) at least one Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate specifying:
(i) the proposed Borrowing Date for the proposed Competitive Bid Loan,
(ii) the requested aggregate principal amount of such Competitive Bid LoanLoan which must be at least $10,000,000 and an integral multiple of $1,000,000,
(iii) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Margin or an Absolute Rate, or both, and
(iv) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or the Absolute Interest Period, if an Absolute Rate is requested. The Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five five) Interest Periods) Period in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five Business Days (or such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote Request. A Competitive Bid Quote Request that does not conform substantially to the form of Exhibit EXHIBIT C-1 hereto shall be rejected, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopy.
Appears in 1 contract
Samples: Revolving Credit Agreement (Duke Weeks Realty Limited Partnership)
Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.162.14, it shall transmit to the Administrative Agent by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 hereto so as to be received no later than (i) 10:00 a.m. (Chicago time) at least five Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin or (ii) 9:00 a.m. (Chicago time) at least one Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate specifying:
(i) the proposed Borrowing Date for the proposed Competitive Bid Loan,;
(ii) the requested aggregate principal amount of such Competitive Bid Loan,Loan which must be at least $10,000,000 and an integral multiple of $1,000,000;
(iii) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Margin or an Absolute Rate, or both, ; and
(iv) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or the Absolute Interest Period, if an Absolute Rate is requested. The Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five five) Interest Periods) Period in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five Business Days (or such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote Request. A Competitive Bid Quote Request that does not conform substantially to the form of Exhibit C-1 hereto shall be rejected, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopy.
Appears in 1 contract
Samples: Unsecured Revolving Credit Agreement (Centerpoint Properties Trust)
Competitive Bid Quote Request. When the Borrower wishes to ----------------------------- request offers to make Competitive Bid Loans under this Section 2.162.17, it shall ------------ transmit to the Administrative Competitive Bid Option Agent by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 hereto so as to be received no ----------- later than (i) 10:00 a.m. (Chicago time) at least five four (4) Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin or (ii) 9:00 a.m. (Chicago time) at least one Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate specifying:
(i) the proposed Borrowing Date for the proposed Competitive Bid Loan,
(ii) the requested aggregate principal amount of such Competitive Bid Loan,
(iii) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Margin or an Absolute Rate, or both, and
(iv) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or the Absolute Interest Period, if an Absolute Rate is requested. The Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five five) Interest Periods) Period in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five Business Days if two (or such other number of days as the Borrower and the Administrative Agent may agree2) of any other Competitive Bid Quote RequestRequests have already been made during the preceding 30 days. A Competitive Bid Quote Request that does not conform substantially to the form of Exhibit C-1 hereto shall be rejected, and the Administrative Competitive Bid Option ----------- Agent shall promptly notify the Borrower of such rejection by telecopy.
Appears in 1 contract
Samples: Unsecured Revolving Credit Agreement (Rouse Company)
Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.16SECTION 2.3, it Borrower shall transmit to the Administrative Agent by telecopy a Competitive Bid Quote Request substantially (in the form of Exhibit C-1 as attached hereto so as EXHIBIT E-1) to be received no later than (i) 10:00 a.m. (Chicago 11:00 a.m., Dallas time) , at least five (5) Business Days prior to the Borrowing Date proposed therein, therein in the case of a request for a Competitive LIBOR Margin or Bid Pricing Loan and three (ii3) 9:00 a.m. (Chicago time) at least one Business Day Days prior to the Borrowing Date proposed therein, therein in the case of a request for an Absolute Competitive Bid Fixed Rate specifyingLoan, specifying in accordance with all of the terms of this Agreement:
(i) the proposed Borrowing Date for the proposed Competitive Bid Loan,Advance;
(ii) the requested aggregate principal amount of such Competitive Bid Loan,Advance (which must be at least $10,000,000 or a larger multiple of $1,000,000);
(iii) whether the Interest Period applicable thereto in the case of a Competitive Bid Quotes requested are to set forth a Pricing Loan (provided that the seven (7) day and the twelve (12) month Interest Period options shall not be available in the case for Competitive LIBOR Margin Bid Pricing Loans) or an Absolute Ratethe term in the case of Competitive Bid Fixed Rate Loan (which term must be not shorter than fourteen (14) days and not longer than six (6) months), and in the case of any Competitive Bid Loan such Interest Period or bothterm, andas the case may be, shall not extend past the Termination Date;
(iv) the LIBOR Interest Periodwhether such request is for a Competitive Bid Pricing Loan or a Competitive Bid Fixed Rate Loan; and
(v) whether a Competitive Bid Auction Fee is due in connection with such Competitive Bid Quote Request and, if a Competitive LIBOR Margin is requestedso, or the Absolute Interest Period, if an Absolute Rate is requestedagreement to pay same. The Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five Interest Periods) and term and for both Competitive Bid Pricing Loans and Competitive Bid Fixed Rate Loans in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five (5) Business Days (or upon reasonable prior notice to the Lenders, such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote Request. Each Competitive Bid Quote Request shall be in a minimum amount of $10,000,000 or a larger multiple of $1,000,000. Borrower shall not be entitled to have more than four (4) Competitive Bid Loans outstanding at any time. A Competitive Bid Quote Request that does not conform substantially to the form format of Exhibit C-1 hereto EXHIBIT E-1 hereto, or for which any Competitive Bid Auction Fee, if applicable, is not timely paid, shall be rejected, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopy.
Appears in 1 contract
Competitive Bid Quote Request. When the Borrower wishes to -------------------------------- request offers to make Competitive Bid Loans under this Section 2.162.3, it shall ----------- transmit to the Administrative Agent by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 C hereto so as to be received no later than (i) 10:00 a)10:00 a.m. --------- (Chicago time) at least five Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin Eurodollar Auction or (iib) 9:00 a.m. (Chicago time) at least one Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate Auction specifying:
(ia) the proposed Borrowing Date Date, which shall be a Business Day, for the proposed Competitive Bid Loan,Advance;
(iib) the requested aggregate principal amount of such Competitive Bid Loan,Advance;
(iiic) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Margin or Eurodollar Bid Rate, an Absolute Rate, or both, ; and
(ivd) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or Period applicable thereto (which may not end after the Absolute Interest Period, if an Absolute Rate is requestedFacility Termination Date). The Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five Interest Periods) in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five 5 Business Days (or such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote Request. A Competitive Bid Quote Request that does not conform substantially to the form format of Exhibit C-1 C hereto shall be rejected, and the Administrative Agent shall promptly --------- notify the Borrower of such rejection by telecopy.
Appears in 1 contract
Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.162.3, it shall transmit to the Administrative Agent (whether or not it is the Competitive Bid Agent) by telex or telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 hereto C so as to be received no later than (i) 10:00 a.m. (Chicago time) at least five Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin Eurodollar Auction or (ii) 9:00 a.m. (Chicago time) at least two Business Days (or, if so agreed by the Borrower and the Administrative Agent, one (1) (but not less than one Business Day Day) prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate specifyingAuction. The Competitive Bid Quote Request shall specify whether the Borrower or the Administrative Agent shall be the Competitive Bid Agent with respect thereto, and, if the Administrative Agent is the Competitive Bid Agent, the Borrower shall deliver the Competitive Bid Quote Request to the Administrative Agent not later than 9:00 a.m. (Chicago time) on the day on which it is required to be delivered. Each Competitive Bid Quote Request shall specify:
(i) the proposed Borrowing Date Date, which shall be a Business Day, for the proposed Competitive Bid Loan,Advance;
(ii) the requested aggregate principal amount of such proposed Competitive Bid Loan,Advance, which shall be not less than $10,000,000 and in an integral multiple of $1,000,000 if in excess thereof;
(iii) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Bid Margin or an Absolute Rate, or both, ; and
(iv) the LIBOR Competitive Bid Interest Period, if a Competitive LIBOR Margin is requested, or Period applicable thereto (which may not end after the Absolute Interest Period, if an Absolute Rate is requestedFacility Termination Date). The Borrower may request offers to make Competitive Bid Loans for more than one Competitive Bid Interest Period (Period, but not more than five Competitive Bid Interest Periods) , in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five (5) Business Days (or such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote RequestRequest that did not result in a Competitive Bid Advance being made. A If the Administrative Agent is the Competitive Bid Agent, it may reject a Competitive Bid Quote Request that does not conform substantially to the form of Exhibit C-1 hereto shall be rejectedC, and the Administrative Agent shall promptly notify the Borrower of such rejection by telex or telecopy.
Appears in 1 contract
Samples: Credit Agreement (Toll Brothers Inc)
Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.16Section, it shall transmit to the Administrative Agent by telecopy telex or facsimile transmission a Competitive Bid Quote Request substantially in the form of Exhibit C-1 B hereto so as to be received no later than 9:00 A.M. on (ix) 10:00 a.m. (Chicago time) at least five the fifth Euro-Dollar Business Days Day prior to the date of Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin Auction or (iiy) 9:00 a.m. (Chicago time) at least one the Domestic Business Day prior to next preceding the date of Borrowing Date proposed therein, in the case of a request for an Absolute Rate Auction (or, in either case, such other time or date as the Borrower and the Administrative Agent shall have mutually agreed and shall have notified to the Banks not later than the date of the Competitive Bid Quote Request for the first LIBOR Auction or Absolute Rate Auction for which such change is to be effective) specifying:
(i) the proposed Borrowing Date for date of Borrowing, which shall be a Euro-Dollar Business Day in the proposed Competitive Bid Loancase of a LIBOR Auction or a Domestic Business Day in the case of an Absolute Rate Auction,
(ii) the requested aggregate principal amount of such Competitive Bid LoanBorrowing, which shall be $10,000,000 or a larger multiple of $1,000,000,
(iii) the duration of the Interest Period applicable thereto, subject to the provisions of the definition of Interest Period, and
(iv) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Bid Margin or an a Competitive Bid Absolute Rate, or both, and
(iv) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or the Absolute Interest Period, if an Absolute Rate is requested. The Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five Interest Periods) in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five Euro-Dollar Business Days (or such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote Request. A Competitive Bid Quote Request that does not conform substantially to the form of Exhibit C-1 hereto shall be rejected, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopy.
Appears in 1 contract
Samples: Credit Agreement (Pacificorp /Or/)
Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.162.17, it shall transmit to the Administrative Agent by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 hereto so as to be received no later than (i) 10:00 a.m. (Chicago time) at least five Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin or (ii) 9:00 a.m. (Chicago time) at least one Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate specifying:
(i) the proposed Borrowing Date for the proposed Competitive Bid Loan,
(ii) the requested aggregate principal amount of such Competitive Bid Loan,
(iii) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Margin or an Absolute Rate, or both, and
(iv) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or the Absolute Interest Period, if an Absolute Rate is requested. The Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five five) Interest Periods) Period in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five Business Days (or such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote Request. A Competitive Bid Quote Request that does not conform substantially to the form of Exhibit C-1 hereto shall be rejected, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopy.
Appears in 1 contract
Samples: Unsecured Revolving Credit Agreement (First Industrial Realty Trust Inc)
Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.162.3, it shall transmit to the Administrative Agent (whether or not it is the Competitive Bid Agent) by telex or telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 hereto C so as to be received no later than (i) 10:00 a.m. (Chicago time) at least five (5) Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin Eurodollar Auction or (ii) 9:00 a.m. (Chicago time) at least two (2) Business Days (or, if so agreed by the Borrower and the Administrative Agent, one (1) (but not less than one (1)) Business Day Day) prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate specifyingAuction. The Competitive Bid Quote Request shall specify whether the Borrower or the Administrative Agent shall be the Competitive Bid Agent with respect thereto, and, if the Administrative Agent is the Competitive Bid Agent, the Borrower shall deliver the Competitive Bid Quote Request to the Administrative Agent not later than 9:00 a.m. (Chicago time) on the day on which it is required to be delivered. Each Competitive Bid Quote Request shall specify:
(i) the proposed Borrowing Date Date, which shall be a Business Day, for the proposed Competitive Bid Loan,Advance;
(ii) the requested aggregate principal amount of such proposed Competitive Bid Loan,Advance, which shall be not less than $10,000,000 and in an integral multiple of $1,000,000 if in excess thereof;
(iii) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Bid Margin or an Absolute Rate, or both, ; and
(iv) the LIBOR Competitive Bid Interest Period, if a Competitive LIBOR Margin is requested, or Period applicable thereto (which may not end after the Absolute Interest Period, if an Absolute Rate is requestedFacility Termination Date). The Borrower may request offers to make Competitive Bid Loans for more than one Competitive Bid Interest Period (Period, but not more than five Competitive Bid Interest Periods) , in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five (5) Business Days (or such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote RequestRequest that did not result in a Competitive Bid Advance being made. A If the Administrative Agent is the Competitive Bid Agent, it may reject a Competitive Bid Quote Request that does not conform substantially to the form of Exhibit C-1 hereto shall be rejectedC, and the Administrative Agent shall promptly notify the Borrower of such rejection by telex or telecopy.
Appears in 1 contract
Samples: Credit Agreement (Toll Brothers Inc)
Competitive Bid Quote Request. When the Borrower Company wishes to request offers to make Competitive Bid Loans under this Section 2.16Agreement, it shall transmit to the Global Administrative Agent by telex or telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 E hereto so as to be received no later than (i) 10:00 11:00 a.m. (Chicago time) at least five four (4) Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin Eurodollar Auction or (ii) 9:00 a.m. (Chicago time) at least one (1) Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Floating Rate Auction specifying:
(i) the proposed Borrowing Date Date, which shall be a Business Day, for the proposed Competitive Bid Loan,Advance;
(ii) the requested aggregate principal amount of such Competitive Bid Loan,Advance;
(iii) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Margin Eurodollar Bid Rate or an Absolute a Floating Bid Rate, or both, and;
(iv) in the LIBOR case of each Floating Rate Auction, the maturity date (relative to each Competitive Bid Loan, its "Stated Maturity Date") for the proposed Competitive Bid Advance (which Stated Maturity Date may not be earlier than the date occurring seven (7) days after the proposed Borrowing Date of such Competitive Bid Advance or later than the earlier of (x) the date occurring 185 days after the proposed Borrowing Date of such Competitive Bid Advance and (y) the Termination Date); and
(v) in the case of each Eurodollar Bid Rate Advance, the Interest Period, if a Competitive LIBOR Margin is requested, or Period applicable thereto (which may not end after the Absolute Termination Date); provided that the final day of the Interest Period, if an Absolute Period applicable to each Eurodollar Bid Rate is requestedLoan shall be the Stated Maturity Date thereof. The Borrower Company may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five Interest Periods) in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five 5 Business Days (or such other number of days as the Borrower Company and the Global Administrative Agent may agree) of any other Competitive Bid Quote Request. A Competitive Bid Quote Request that does not conform substantially to the form format of Exhibit C-1 E hereto shall be rejected, and the Global Administrative Agent shall promptly notify the Borrower Company of such rejection by telex or telecopy.
Appears in 1 contract
Samples: Credit Agreement (Apache Corp)
Competitive Bid Quote Request. When the Borrower Xxxxxxxxx wishes to request offers to make Competitive Bid Loans under this Section 2.16Section, it shall transmit to the Administrative Agent by telecopy telephone call followed promptly by facsimile transmission a Competitive Bid Quote Request request substantially in the form of Exhibit C-1 A–2 hereto (a “Competitive Bid Quote Request”) so as to be received no by the Administrative Agent at the Administrative Agent’s Office not later than (i) 10:00 a.m. (Chicago time) at least five 12:00 Noon on the Business Days prior Day next preceding the date of Borrowing proposed therein or such other time or date as Xxxxxxxxx and the Administrative Agent shall have mutually agreed and shall have notified to the Borrowing Date proposed therein, in Lenders not later than the case date of a request the Competitive Bid Quote Request for a the first Competitive LIBOR Margin or (ii) 9:00 a.m. (Chicago time) at least one Business Day prior Bid Auction for which such change is to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate specifyingbe effective. Each such Competitive Bid Quote Request shall specify:
(i) the proposed Borrowing Date for the proposed Competitive Bid Loan,date of Borrowing, which shall be a Business Day;
(ii) the requested proposed currency, the aggregate principal amount (in such currency) and the Dollar Amount, if applicable, of such Competitive Bid Loan,Borrowing, which shall be $2,000,000 in aggregate Dollar Amount (or any larger multiple of $1,000,000);
(iii) whether the Xxxxxxxxx is requesting a Eurocurrency Rate Competitive Bid Quotes requested are to set forth a Competitive LIBOR Margin Loan or an Absolute Rate, or both, Rate Competitive Bid Loan; and
(iv) the LIBOR duration of the Interest Period applicable thereto, subject to the provisions of the definition of Interest Period, if a Competitive LIBOR Margin is requested, or the Absolute Interest Period, if an Absolute Rate is requested. The Borrower Xxxxxxxxx may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five Interest Periods) in a single Competitive Bid Quote Request. No more than two Competitive Bid Quote Request Requests shall be given within five Business Days for the applicable currency (or such other number of days as the Borrower Xxxxxxxxx and the Administrative Agent may agree) of any other Competitive Bid Quote Request. A Competitive Bid Quote Request that does not conform substantially to for a Borrowing in the form of Exhibit C-1 hereto shall be rejected, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopysame currency.
Appears in 1 contract
Samples: Revolving Credit Agreement (Carpenter Technology Corp)
Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.162.17, it shall transmit to the Administrative Agent by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 hereto so as to be received no later than (i) 10:00 11:00 a.m. (Chicago New York time) at least five Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin or (ii) 9:00 10:00 a.m. (Chicago New York time) at least one Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate specifying:
(i) the proposed Borrowing Date for the proposed Competitive Bid Loan,
(ii) the requested aggregate principal amount of such Competitive Bid Loan,
(iii) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Margin or an Absolute Rate, or both, and
(iv) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or the Absolute Interest Period, if an Absolute Rate is requested. The Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five Interest Periods) in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five Business Days (or such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote Request. A Competitive Bid Quote Request that does not conform substantially to the form of Exhibit C-1 hereto shall be rejected, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopy.
Appears in 1 contract
Samples: Unsecured Revolving Credit Agreement (First Industrial Realty Trust Inc)
Competitive Bid Quote Request. When the Borrower Company wishes to request offers to make Competitive Bid Loans under this Section 2.162.2, it shall transmit to the Administrative Agent by telecopy facsimile a Competitive Bid Quote Request substantially in the form of Exhibit C-1 J hereto so as to be received no later than (ix) 10:00 11:00 a.m. (Chicago New York time) at least five (5) Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin Eurocurrency Auction or (iiy) 9:00 10:00 a.m. (Chicago New York time) at least one (1) Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate Auction specifying:
(i) the proposed Borrowing Date Date, which shall be a Business Day, for the proposed Competitive Bid LoanAdvance,
(ii) the requested aggregate principal amount of such Competitive Bid LoanAdvance, which must be at least $10,000,000 (and in integral multiples of $1,000,000 if in excess thereof),
(iii) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Margin Eurocurrency Bid Rate or an Absolute Rate, or both, and
(iv) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or Period applicable thereto (which may not end after the Absolute Interest Period, if an Absolute Rate is requestedRevolving Loan Termination Date). The Borrower Company may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five Interest Periods) in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five (5) Business Days (or such other number of days as the Borrower Company and the Administrative Agent may agree) of any other Competitive Bid Quote Request. A Competitive Bid Quote Request that does not conform substantially to the form format of Exhibit C-1 J hereto shall be rejected, and the Administrative Agent shall promptly notify the Borrower Company of such rejection by telecopyfacsimile. The aggregate amount of outstanding Competitive Bid Advances shall not exceed $50,000,000. All Competitive Bid Loans shall be in Dollars.
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Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.162.3, it shall transmit to the Administrative Agent by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 hereto so as to be received no later than (i) 10:00 11:00 a.m. (Chicago time) at least five Business Days prior to the Borrowing Date proposed therein; provided that, in the case of a request for a Competitive LIBOR Margin or (ii) 9:00 Bid Quote Request solely requesting an Absolute Bid Rate Auction does not need to be received by the Administrative Agent until no later than 10:00 a.m. (Chicago time) at least one Business Day prior to the Borrowing Date proposed therein, and in the each case of a request for an Absolute Rate specifying:
(ia) the proposed Borrowing Date Date, which shall be a Business Day, for the proposed Competitive Bid Loan,
(ii) the requested aggregate principal amount of such Competitive Bid Loan,;
(iiib) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Margin or Bid Margin, an Absolute Rate, Bid Rate or both, ;
(c) the aggregate principal amount of each Type of Competitive Bid Loan requested; and
(ivd) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or Periods applicable thereto (which may not end after the Absolute Interest Period, if an Absolute Rate is requestedFacility Termination Date). The Borrower may request offers to make Competitive Bid Loans for more than one (1) Interest Period (but not more than five Interest Periods) and for a Eurodollar Auction and an Absolute Bid Rate Auction in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given (x) while another Competitive Bid Quote Request is outstanding or (y) within five (5) Business Days (or such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote Request. A Competitive Bid Quote Request that does not conform substantially to the form format of Exhibit C-1 2.3.2 hereto shall be rejectedrejected by the Administrative Agent, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopyrejection.
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Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.162.3, it shall transmit to the Administrative Agent by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 C hereto so as to be received no later than (ia) 10:00 a.m. (Chicago time) at least five Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin Eurodollar Auction or (iib) 9:00 a.m. (Chicago time) at least one Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate Auction specifying:
(i) 1. the proposed Borrowing Date Date, which shall be a Business Day, for the proposed Competitive Bid Loan,Advance;
(ii) 1. the requested aggregate principal amount of such Competitive Bid Loan,Advance;
(iii) 1. whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Margin or Eurodollar Bid Rate, an Absolute Rate, or both, and
; and 2. the Interest Period applicable thereto (iv) which may not end after the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or the Absolute Interest Period, if an Absolute Rate is requestedFacility Termination Date). The Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five Interest Periods) in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five 5 Business Days (or such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote Request. A Competitive Bid Quote Request that does not conform substantially to the form format of Exhibit C-1 C hereto shall be rejected, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopy.
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Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans Advances under this Section 2.16Article III, it shall transmit deliver to the Administrative Agent by telecopy a Competitive Bid Quote Request substantially by telephone (confirmed immediately in the form of Exhibit C-1 hereto writing), telecopier or telex so as to be received no later than (ix) 10:00 a.m. (Chicago timeLocal Time) at least five four Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin Eurocurrency Auction or EURIBOR Auction or (iiy) 9:00 a.m. (Chicago time) at least one Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate Auction (or, in either case upon reasonable prior notice to the Banks, such other time and date as the Borrower and the Administrative Agent may agree), specifying:
(ia) the proposed Borrowing Date Date, which shall be a Business Day, for the proposed Competitive Bid Loan,Advances;
(iib) the requested aggregate principal amount and currency of such Competitive Bid Loan,Advances;
(iiic) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Bid Margin (and, if so, whether based on a Eurocurrency Rate or EURIBOR) or an Absolute Rate, or both, ;
(d) the Interest Period and Agreed Currency applicable thereto; and
(ive) if fewer than all Banks are to be solicited, the LIBOR Interest Periodnames of the Banks to be solicited; provided that the Borrower shall not specify fewer than all of the Banks, and the Administrative Agent shall reject any Competitive Bid Quote Request that specifies fewer than all of the Banks, if a the aggregate Dollar Amount of all Competitive LIBOR Margin is requested, Bid Advances which will be outstanding after giving effect to the Competitive Bid Advances requested in such Competitive Bid Quote Request and which shall have been made in response to one or more Competitive Bid Quote Requests that specified fewer than all of the Absolute Interest Period, if an Absolute Rate is requestedBanks exceeds $150,000,000. The Borrower may request offers to make Competitive Bid Loans Advances for more than one Interest Period (Period, but not more than five eight Interest Periods) , in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five Business Days (or such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote Request. A Competitive Bid Quote Request that does not conform substantially to the form format of Exhibit C-1 3.02 hereto shall be rejected, and the Administrative Agent shall promptly notify the Borrower of such rejection by telephone, telex, or telecopy.
Appears in 1 contract
Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.162.3, it shall transmit to the Administrative Agent by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 C hereto so as to be received no later than (ia) 10:00 a.m. (Chicago time) at least five Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin Eurodollar Auction, or (iib) 9:00 a.m. (Chicago time) at least one Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate Auction, specifying:
(ia) the proposed Borrowing Date Date, which shall be a Business Day, for the proposed Competitive Bid Loan,Advance;
(iib) the requested aggregate principal amount of such Competitive Bid Loan,Advance;
(iiic) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Margin or Eurodollar Bid Rate, an Absolute Rate, or both, ; and
(ivd) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or Period applicable thereto (which may not end after the Absolute Interest Period, if an Absolute Rate is requestedFacility Termination Date). The Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five Interest Periods) in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five Business Days (or such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote Request. A Competitive Bid Quote Request that does not conform substantially to the form format of Exhibit C-1 C hereto shall be rejected, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopy.
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Competitive Bid Quote Request. When the Borrower wishes to ----------------------------- request offers to make Competitive Bid Loans under this Section 2.162.04, it the Borrower shall transmit to the Administrative Agent by telecopy telex or facsimile transmission a Competitive Bid Quote Request substantially in the form of Exhibit C-1 hereto so as to be received no not later than (ix) 10:00 a.m. (Chicago time) at least five Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin Eurodollar Auction, or (iiy) 9:00 10:00 a.m. (Chicago time) at least one Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate Auction (or, in either case, such other time or date as the Borrower and the Administrative Agent shall have mutually agreed upon and shall have notified to the Lenders not later than the date of the Competitive Bid Quote Request for the first Eurodollar Auction or Absolute Rate Auction for which such change is to be effective), specifying:
(i) the proposed Borrowing Date for the proposed Competitive Bid Loan,Advance;
(ii) the requested aggregate principal amount of such Competitive Bid Loan,Advance, which shall be in the minimum amount of $5,000,000 and in multiples of $1,000,000 if in excess thereof);
(iii) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Bid Margin or an Absolute Rate, or both, ; and
(iv) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or the Absolute Interest Period, if an Absolute Rate is requested. The Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five Interest Periods) in a single Competitive Bid Quote Requestapplicable thereto. No Competitive Bid Quote Request shall be given within five Business Days (or such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote Request. A Competitive Bid Quote Request that does not conform substantially to the form of Exhibit C-1 hereto shall be rejected, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopytelex or facsimile transmission.
Appears in 1 contract
Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.162.3, it shall transmit to the Administrative Agent by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 B hereto so as to be received no later than (i) 10:00 8:00 a.m. (Chicago San Francisco time) at least five four Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin Eurodollar Auction, or (ii) 9:00 8:00 a.m. (Chicago San Francisco time) at least one Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate Auction specifying:
(ia) the proposed Borrowing Date Date, which shall be a Business Day, for the proposed Competitive Bid Loan,Advance;
(iib) the requested aggregate principal amount of such Competitive Bid Loan,Advance;
(iiic) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Margin Eurodollar Bid Rate or an Absolute Rate, or both, ; and
(ivd) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or Period applicable thereto (which may not end after the Absolute Interest Period, if an Absolute Rate is requestedTermination Date). The Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five Interest Periods) in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five 5 Business Days (or or, in either case upon reasonable prior notice to the Banks, such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote Request. Each Competitive Bid Quote Request shall be in Dollars in a minimum amount of $5,000,000 (and in integral multiples of $1,000,000 in excess thereof). A Competitive Bid Quote Request that does not conform substantially to the form format of Exhibit C-1 B hereto shall be rejected, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopy.
Appears in 1 contract
Samples: Credit Agreement (Nike Inc)
Competitive Bid Quote Request. When the a Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.162.05, it such Borrower shall transmit to the Administrative Agent by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 hereto so as to be received no later than 11:30 A.M. (i) 10:00 a.m. (Chicago New York City time) at least (x) five Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin Eurocurrency Auction, or (iiy) 9:00 a.m. (Chicago time) at least one Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate specifyingAuction, specifying in accordance with all of the terms of this Credit Agreement:
(i) the proposed Borrowing Date for the proposed Competitive Bid Loan,Advance;
(ii) the requested aggregate principal amount of such Competitive Bid Loan,Advance;
(iii) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Bid Margin or an Absolute Rate, or both, and;
(iv) the LIBOR Interest Period, if a Period applicable thereto; and
(v) the Borrower to which such proposed Competitive LIBOR Margin Bid Advance is requested, or the Absolute Interest Period, if an Absolute Rate is requestedto be made. The A Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five Interest Periods) and for a Eurocurrency Auction and an Absolute Rate Auction in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five Business Days (or upon reasonable prior notice to the Lenders, such other number of days as the Borrower Borrowers and the Administrative Agent may agree) of any other Competitive Bid Quote Request. Each Competitive Bid Quote Request shall be in a minimum amount of $25,000,000 or a larger multiple of $5,000,000. A Competitive Bid Quote Request that does not conform substantially to the form format of Exhibit C-1 “B” hereto shall be rejected, and the Administrative Agent shall promptly notify the applicable Borrower of such rejection by telecopy.
Appears in 1 contract
Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.16Section, it shall transmit to the Administrative Agent by telecopy facsimile or other electronic transmission a Competitive Bid Quote Request substantially in the form of Exhibit C-1 B hereto so as to be received no not later than 12:00 noon (i) 10:00 a.m. (Chicago New York City time) at least five on (x) the fifth Euro-Dollar Business Days Day prior to the date of Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin Auction or (iiy) 9:00 a.m. (Chicago time) at least one the Domestic Business Day prior to next preceding the date of Borrowing Date proposed therein, in the case of a request for an Absolute Rate Auction (or, in either case, such other time or date as the Borrower and the Administrative Agent shall have mutually agreed and shall have notified the Lenders not later than the date of the Competitive Bid Quote Request for the first LIBOR Auction or Absolute Rate Auction for which such change is to be effective) specifying:
(i) the proposed Borrowing Date for date of Borrowing, which shall be a Euro-Dollar Business Day in the proposed Competitive Bid Loancase of a LIBOR Auction or a Domestic Business Day in the case of an Absolute Rate Auction,
(ii) the requested aggregate principal amount of such Competitive Bid LoanBorrowing, which shall be $5,000,000 or a larger multiple of $1,000,000,
(iii) the duration of the Interest Period applicable thereto, subject to the provisions of the definition of Interest Period, and
(iv) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Bid Margin or an a Competitive Bid Absolute Rate, or both, and
(iv) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or the Absolute Interest Period, if an Absolute Rate is requested. The Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five Interest Periods) in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five Business Days (or such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote Request. A Competitive Bid Quote Request that does not conform substantially to the form of Exhibit C-1 hereto shall be rejected, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopy.
Appears in 1 contract
Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.162.4, it shall transmit to the Administrative Agent by telecopy or electronic mail a Competitive Bid Quote Request substantially in the form of Exhibit C-1 hereto so as to be received no later than (i) 10:00 11:00 a.m. (Chicago Cleveland time) at least five Business Banking Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin or (ii) 9:00 10:00 a.m. (Chicago Cleveland time) at least one Business Banking Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate specifying:
(i) the proposed Borrowing Date for the proposed Competitive Bid Loan,
(ii) the requested aggregate principal amount of such Competitive Bid LoanLoan which must be at least $25,000,000 and an integral multiple of $1,000,000,
(iii) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Margin or an Absolute Rate, or both, and,
(iv) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or the Absolute Interest Period, if an Absolute Rate is requested, and
(v) whether or not such Competitive Bid Loan may be prepaid at the Borrower’s option prior to the end of the Interest Period applicable thereto and, if so, whether partial prepayments will be permitted and whether any minimum amount or increments in excess of such minimum will apply to such prepayments. The Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five Interest Periods) in a single Competitive Bid Quote Request, but in no event shall there be more than ten (10) different Interest Periods for Competitive Bid Loans in existence at any time. No Not more than two (2) Competitive Bid Quote Request Requests shall be given within five Business Days (or such other number any period of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote Request30 days. A Competitive Bid Quote Request that does not conform substantially to the form of Exhibit C-1 hereto shall be rejected, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopytelecopy or electronic mail.
Appears in 1 contract
Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.162.4, it the Borrower shall transmit to the Administrative Agent by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 hereto so as to be received no later than (ix) 10:00 a.m. (Chicago time) at least five Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin Eurodollar Auction, or (iiy) 9:00 a.m. (Chicago time) ), at least one Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate Auction, specifying, in accordance with all of the terms of this Agreement:
(i) the The proposed Borrowing Date for the proposed such Competitive Bid Loan,Advance;
(ii) the requested The aggregate principal amount of such Competitive Bid Loan,Advance;
(iii) whether Whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Bid Margin or an Absolute Rate, or both, ; and
(iv) the LIBOR The Interest Period, if a Competitive LIBOR Margin is requested, or the Absolute Interest Period, if an Absolute Rate is requestedPeriod applicable thereto. The A Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five Interest Periods) and for a Eurodollar Auction and an Absolute Rate Auction in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five Business Days (or upon reasonable prior notice to the Lenders, such other number of days as the Borrower and the Administrative Agent may agreeagree upon) of any other Competitive Bid Quote Request. Each Competitive Bid Quote Request shall be in a minimum amount of $10,000,000 or a larger multiple of $5,000,000. A Competitive Bid Quote Request that does not conform substantially to the form format of Exhibit C-1 hereto C shall be rejected, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopy.
Appears in 1 contract
Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.162.17, it shall transmit to the Administrative Competitive Bid Option Agent by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 hereto so as to be received no later than (i) 10:00 a.m. (Chicago time) at least five four (4) Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin or (ii) 9:00 a.m. (Chicago time) at least one Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate specifying:
(i) the proposed Borrowing Date for the proposed Competitive Bid Loan,
(ii) the requested aggregate principal amount of such Competitive Bid Loan,
(iii) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Margin or an Absolute Rate, or both, and
(iv) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or the Absolute Interest Period, if an Absolute Rate is requested. The Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five five) Interest Periods) Period in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five Business Days if two (or such other number of days as the Borrower and the Administrative Agent may agree2) of any other Competitive Bid Quote RequestRequests have already been made during the preceding 30 days. A Competitive Bid Quote Request that does not conform substantially to the form of Exhibit C-1 hereto shall be rejected, and the Administrative Competitive Bid Option Agent shall promptly notify the Borrower of such rejection by telecopy.
Appears in 1 contract
Samples: Unsecured Revolving Credit Agreement (Rouse Company)
Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.162.4, it shall transmit to the Administrative Agent by telecopy or electronic mail a Competitive Bid Quote Request substantially in the form of Exhibit C-1 hereto so as to be received no later than (i) 10:00 11:00 a.m. (Chicago Cleveland time) at least five Business Banking Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin or (ii) 9:00 10:00 a.m. (Chicago Cleveland time) at least one Business Banking Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate specifying:
(i) the proposed Borrowing Date for the proposed Competitive Bid Loan,
(ii) the requested aggregate principal amount of such Competitive Bid LoanLoan which must be at least $25,000,000 and an integral multiple of $1,000,000,
(iii) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Margin or an Absolute Rate, or both, and,
(iv) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or the Absolute Interest Period, if an Absolute Rate is requested, and
(v) whether or not such Competitive Bid Loan may be prepaid at the Borrower’s option prior to the end of the Interest Period applicable thereto and, if so, whether partial prepayments will be permitted and whether any minimum amount or increments in excess of such minimum will apply to such prepayments. The Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five Interest Periods) in a single Competitive Bid Quote Request, but in no event shall there be more than ten (10) different Interest Periods for Competitive Bid Loans in existence at any time. No Not more than two (2) Competitive Bid Quote Request Requests shall be given within five Business Days (or such other number any period of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote Request30 days. A Competitive Bid Quote Request that does not conform substantially to the form of Exhibit C-1 hereto shall be rejected, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopytelecopy or electronic mail.
Appears in 1 contract
Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.16, it shall transmit to the Administrative Agent by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 hereto so as to be received no later than (i) 10:00 a.m. (Chicago time) at least five Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin or (ii) 9:00 a.m. (Chicago time) at least one Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate specifying:
(i1) the proposed Borrowing Date for the proposed Competitive Bid Loan,
(ii2) the requested aggregate principal amount of such Competitive Bid LoanLoan which must be at least $10,000,000 and an integral multiple of $1,000,000,
(iii3) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Margin or an Absolute Rate, or both, and
(iv4) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or the Absolute Interest Period, if an Absolute Rate is requested.
(5) whether the Competitive Bid Loan shall be subject to prepayment. The Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five five) Interest Periods) Periods in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five Business Days (or such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote Request. Competitive Bid requests will be limited to a maximum of two bid auctions each 30 days. A Competitive Bid Quote Request that does not conform substantially to the form of Exhibit C-1 hereto shall be rejected, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopy.
Appears in 1 contract
Samples: Unsecured Revolving Credit Agreement (Susa Partnership Lp)
Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.162.3, it shall transmit to the Administrative Agent (whether or not it is the Competitive Bid Agent) by telex or telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 hereto C so as to be received no later than (i) 10:00 a.m. (Chicago time) at least five (5) Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin Eurodollar Auction or (ii) 9:00 a.m. (Chicago time) at least two (2) Business Days (or, if so agreed by the Borrower and the Administrative Agent, one (1) (but not less than one (1) Business Day Day) prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate specifying:
Auction. The Competitive Bid Quote Request shall specify whether the Borrower or the Administrative Agent shall be the Competitive Bid Agent with respect thereto, and, if the Administrative Agent is the Competitive Bid Agent, the Borrower shall deliver the Competitive Bid Quote Request to the Administrative Agent not later than 9:00 a.m. (Chicago time) on the day on which it is required to be delivered. Each Competitive Bid Quote Request shall specify: (i) the proposed Borrowing Date Date, which shall be a Business Day, for the proposed Competitive Bid Loan,
Advance; (ii) the requested aggregate principal amount of such proposed Competitive Bid Loan,
Advance, which shall be not less than $10,000,000 and in an integral multiple of $1,000,000 if in excess thereof; (iii) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Bid Margin or an Absolute Rate, or both, and
; and (iv) the LIBOR Competitive Bid Interest Period, if a Competitive LIBOR Margin is requested, or Period applicable thereto (which may not end after the Absolute Interest Period, if an Absolute Rate is requestedFacility Termination Date). The Borrower may request offers to make Competitive Bid Loans for more than one Competitive Bid Interest Period (Period, but not more than five Competitive Bid Interest Periods) , in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five (5) Business Days (or such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote RequestRequest that did not result in a Competitive Bid Advance being made. A If the Administrative Agent is the Competitive Bid Agent, it may reject a Competitive Bid Quote Request that does not conform substantially to the form of Exhibit C-1 hereto shall be rejectedC, and the Administrative Agent shall promptly notify the Borrower of such rejection by telex or telecopy.
Appears in 1 contract
Samples: Credit Agreement (Toll Brothers Inc)
Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.162.15, it shall transmit to the Administrative Agent by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 hereto so as to be received no later than (i) 10:00 a.m. (Chicago time) at least five (5) Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin or (ii) 9:00 a.m. (Chicago time) at least one (1) Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate specifying:
(i) the proposed Borrowing Date for the proposed Competitive Bid Loan,
(ii) the requested aggregate principal amount of such Competitive Bid LoanLoan which must be at least $10,000,000 and an integral multiple of $1,000,000,
(iii) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Margin or an Absolute Rate, or both, and
(iv) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or the Absolute Interest Period, if an Absolute Rate is requested. The Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five five) Interest Periods) Periods in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five (5) Business Days (or such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote Request. A Competitive Bid Quote Request that does not conform substantially to the form of Exhibit C-1 hereto shall be rejected, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopy.
Appears in 1 contract
Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.16Section, it shall transmit to the Administrative Agent by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 B hereto so as to be received no later than 11:00 A.M. (iPrevailing Eastern Time) 10:00 a.m. on (Chicago timex) at least five the fourth Business Days Day prior to the date of Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin Auction or (iiy) 9:00 a.m. (Chicago time) at least one the Business Day prior to next preceding the date of Borrowing Date proposed therein, in the case of a request for an Absolute Rate Auction (or, in either case, such other time or date as the Borrower and the Administrative Agent shall have mutually agreed and shall have notified to the Lenders not later than the date of the Competitive Bid Quote Request for the first LIBOR Auction or Absolute Rate Auction for which such change is to be effective) specifying:
(i) the proposed Borrowing Date for the proposed Competitive Bid Loandate of Borrowing, which shall be a Business Day,
(ii) the requested aggregate principal amount of such Competitive Bid LoanBorrowing, which shall be $5,000,000 or a larger multiple of $1,000,000,
(iii) the duration of the Interest Period applicable thereto, subject to the provisions of the definition of Interest Period, and
(iv) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Bid Margin or an a Competitive Bid Absolute Rate, or both, and
(iv) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or the Absolute Interest Period, if an Absolute Rate is requested. The Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five Interest Periods) in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five Business Days (or such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote Request. A Competitive Bid Quote Request that does not conform substantially to the form of Exhibit C-1 hereto shall be rejected, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopy.
Appears in 1 contract
Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.162.3, it shall transmit to the Administrative Agent by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 "C" hereto so as to be received no later than (ix) 10:00 a.m. (Chicago time) at least five four Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin Eurodollar Auction, or (iiy) 9:00 a.m. (Chicago time) at least one Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate Auction, specifying:
(i) the proposed Borrowing Date Date, which shall be a Business Day, for the proposed Competitive Bid Loan,Advance;
(ii) the requested aggregate principal amount of such Competitive Bid Loan,Advance;
(iii) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Bid Margin or an Absolute Rate, or both, ; and
(iv) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or Period applicable thereto (which may not end after the Absolute Interest Period, if an Absolute Rate is requestedTermination Date). The Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five Interest Periods) in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five Business Days (or such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote Request. A To the extent that a Competitive Bid Quote Request that does not conform substantially to the form format of Exhibit C-1 hereto "C" hereto, it shall be rejected, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopy.
Appears in 1 contract
Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.16Section, it shall transmit to the Administrative Agent by telecopy telex or facsimile transmission a Competitive Bid Quote Request substantially in the form of Exhibit C-1 B hereto so as to be received no not later than (i) 10:00 10:30 a.m. (Chicago New York City time) at least five on (x) the fourth Business Days Day prior to the date of Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin Auction or (iiy) 9:00 a.m. (Chicago time) at least one the Business Day prior to the date of Borrowing Date proposed therein, in the case of a request for an Absolute Rate Auction (or, in either case, such other time or date as the Borrower and the Administrative Agent shall have mutually agreed and shall have notified to the Lenders not later than the date of the Competitive Bid Quote Request for the first LIBOR Auction or Absolute Rate Auction for which such change is to be effective) specifying:
(i) the proposed Borrowing Date for the proposed Competitive Bid Loandate of Borrowing, which shall be a Business Day,
(ii) the requested aggregate principal amount of such Competitive Bid LoanBorrowing, which shall be in a minimum aggregate amount of $20,000,000 and any larger multiple of $1,000,000,
(iii) the duration of the Interest Period applicable thereto, subject to the provisions of the definition of Interest Period, and
(iv) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Bid Margin or an a Competitive Bid Absolute Rate, or both, and
(iv) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or the Absolute Interest Period, if an Absolute Rate is requested. The Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five Interest Periods) in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five four Business Days (or such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote Request. A Competitive Bid Quote Request that does not conform substantially to the form of Exhibit C-1 hereto shall be rejected, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopy.
Appears in 1 contract
Samples: 364 Day Credit Agreement (Estee Lauder Companies Inc)
Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.162.22, it shall transmit to the Administrative Agent by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 I-1 hereto so as to be received no later than (i) 10:00 a.m. (Chicago time) at least five Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin or (ii) 9:00 a.m. (Chicago time) at least one Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate specifying:
(i) the proposed Borrowing Date for the proposed Competitive Bid Loan,
(ii) the requested aggregate principal amount of such Competitive Bid LoanLoan which shall be at least $5,000,000 and in an integral multiple of $1,000,000,
(iii) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Margin or an Absolute Rate, or both, and
(iv) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or the Absolute Interest Period, if an Absolute Rate is requested. The Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five five) Interest Periods) Periods in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five Business Days (or such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote RequestRequest or Invitation for Competitive Bid Quotes. A Competitive Bid Quote Request that does not conform substantially to the form of Exhibit C-1 I-1 hereto shall be rejected, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopy.
Appears in 1 contract
Samples: Credit Agreement (Developers Diversified Realty Corp)
Competitive Bid Quote Request. When the Borrower wishes Co-Borrowers wish to request offers to make Competitive Bid Loans under this Section 2.16ss. 2.4, it they shall transmit to the Administrative Agent by telecopy telephone or facsimile (in each case confirmed in writing by the Co-Borrowers) a Competitive Bid Quote Request substantially in the form of Exhibit C-1 B-1 hereto (a "Competitive Bid Quote Request") so as to be received no later than (i) 10:00 a.m. (Chicago time) at least five Business Days prior to the Borrowing Date proposed thereinreceived, in the case of a request for a Eurocurrency Competitive LIBOR Margin or (ii) 9:00 Loan, no later than 11:00 a.m. (Chicago Eastern time) at least one four (4) Business Day Days prior to the Borrowing requested Drawdown Date proposed thereinand, in the case of a request for an Absolute Fixed Rate specifying:
Competitive Loan, one (i1) Business Day prior to the proposed Borrowing Date for the proposed Competitive Bid Loan,
requested Drawdown Date, specifying (iia) the requested aggregate Drawdown Date (which must be a Business Day), (b) the principal amount of such Competitive Bid Loan,
Loan stated in Dollars (iiiwhich must be a minimum of $5,000,000 or any greater integral multiple of $1,000,000 and may not exceed the lesser of (i) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Margin or an Absolute Rate, or both, and
Sublimit and (ivii) the LIBOR Total Commitment), (c) the Type of such Competitive Bid Loan and (d) the Interest Period of such Competitive Bid Loan, subject to the provisions of the definition of Interest Period, if and be accompanied by a Competitive LIBOR Margin is requested, or Bid fee of $750 payable to the Absolute Interest Period, if an Absolute Rate is requestedAdministrative Agent with respect to each Competitive Bid Quote Request. The Borrower Co-Borrowers may request offers to make Competitive Bid Loans for no more than one amount and one Interest Period (but not more than five Interest Periods) in a single Competitive Bid Quote Request. No new Competitive Bid Quote Request shall be given within five Business Days (or such other number of days as until the Borrower and Co-Borrowers have notified the Administrative Agent may agree) of any other their acceptance or non-acceptance of the Competitive Bid Quote Request. A Quotes relating to any outstanding Competitive Bid Quote Request that does and in any event not conform substantially to sooner than five (5) Business Days after the form of Exhibit C-1 hereto shall be rejected, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopylast Competitive Bid Quote Request has been given.
Appears in 1 contract
Samples: Multicurrency Revolving Credit Agreement (Borders Group Inc)
Competitive Bid Quote Request. When the a Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.162.04, it such Borrower shall transmit to the Administrative Agent by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 hereto so as to be received no later than 11:30 A.M. (i) 10:00 a.m. (Chicago New York City time) at least (x) five Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin Eurocurrency Auction, or (iiy) 9:00 a.m. (Chicago time) at least one Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate specifyingAuction, specifying in accordance with all of the terms of this Credit Agreement:
(i) the proposed Borrowing Date for the proposed Competitive Bid Loan,Advance;
(ii) the requested aggregate principal amount of such Competitive Bid Loan,Advance;
(iii) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Bid Margin or an Absolute Rate, or both, and;
(iv) the LIBOR Interest Period, if a Period applicable thereto; and
(v) the Borrower to which such proposed Competitive LIBOR Margin Bid Advance is requested, or the Absolute Interest Period, if an Absolute Rate is requestedto be made. The A Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five Interest Periods) and for a Eurocurrency Auction and an Absolute Rate Auction in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five Business Days (or upon reasonable prior notice to the Lenders, such other number of days as the Borrower Borrowers and the Administrative Agent may agree) of any other Competitive Bid Quote Request. Each Competitive Bid Quote Request shall be in a minimum amount of $25,000,000 or a larger multiple of $5,000,000. A Competitive Bid Quote Request that does not conform substantially to the form format of Exhibit C-1 "B" hereto shall be rejected, and the Administrative Agent shall promptly notify the applicable Borrower of such rejection by telecopy.
Appears in 1 contract
Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.162.22, it shall transmit to the Administrative Agent by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 I-1 hereto so as to be received no later than (i) 10:00 a.m. (Chicago time) at least five Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin or (ii) 9:00 a.m. (Chicago time) at least one Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate specifying:
(i) the proposed Borrowing Date for the proposed Competitive Bid Loan,
(ii) the requested aggregate principal amount of such Competitive Bid LoanLoan which shall be at least $5,000,000 and in an integral multiple of $1,000,000,
(iii) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Margin or an Absolute Rate, or both, and
(iv) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or the Absolute Interest Period, if an Absolute Rate is requested. The Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five five) Interest Periods) Periods in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five Business Days (or such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote Request. A Competitive Bid Quote Request that does not conform substantially to the form of Exhibit C-1 I-1 hereto shall be rejected, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopy.
Appears in 1 contract
Samples: Credit Agreement (Developers Diversified Realty Corp)
Competitive Bid Quote Request. When the a Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.162.05, it such Borrower shall transmit to the Administrative Agent by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 hereto so as to be received no later than (i) 10:00 10:30 a.m. (Chicago Dallas, Texas time) at least (x) five Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin Eurocurrency Auction, or (iiy) 9:00 a.m. (Chicago time) at least one Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate specifyingAuction, specifying in accordance with all of the terms of this Credit Agreement:
(i) the proposed Borrowing Date for the proposed Competitive Bid Loan,Advance;
(ii) the requested aggregate principal amount of such Competitive Bid Loan,Advance;
(iii) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Bid Margin or an Absolute Rate, or both, and;
(iv) the LIBOR Interest Period, if a Period applicable thereto; and
(v) the Borrower to which such proposed Competitive LIBOR Margin Bid Advance is requested, or the Absolute Interest Period, if an Absolute Rate is requestedto be made. The A Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five Interest Periods) and for a Eurocurrency Auction and an Absolute Rate Auction in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five Business Days (or upon reasonable prior notice to the Lenders, such other number of days as the Borrower Borrowers and the Administrative Agent may agree) of any other Competitive Bid Quote Request. Each Competitive Bid Quote Request shall be in a minimum amount of $25,000,000 or a larger multiple of $5,000,000. A Competitive Bid Quote Request that does not conform substantially to the form format of Exhibit C-1 "B" hereto shall be rejected, and the Administrative Agent shall promptly notify the applicable Borrower of such rejection by telecopy.
Appears in 1 contract
Competitive Bid Quote Request. When the Borrower Company or, solely in the case of Hasbro SA Loans, Hasbro SA wishes to request offers to make Competitive Bid Loans under this Section 2.16section 2.5, it shall transmit to the Administrative Agent by telecopy telephone, telex, cable or facsimile (in each case confirmed in writing by the Company or, solely in the case of Hasbro SA Loans, Hasbro SA) a Competitive Bid Quote Request substantially in the form of Exhibit C-1 B-2 hereto (a "Competitive Bid Quote Request") so as to be received no later than (i) 10:00 11:00 a.m. (Chicago Boston time) at least five on the first Business Days prior to the Borrowing Date proposed therein, Day (except in the case of a Hasbro SA Loans, which request for a Competitive LIBOR Margin or (iishall be received not later than the second Business Day) 9:00 a.m. (Chicago time) at least one Business Day prior to the Borrowing Date proposed thereinrequested Drawdown Date, in the case of a request for an Absolute Rate specifying:
specifying (i) the proposed Borrowing requested Drawdown Date for (which must be a Business Day) and the proposed Competitive Bid Loan,
(ii) the requested aggregate principal amount of such Competitive Bid Loan,
Loan (iiiwhich must be a minimum of $5,000,000 or any greater integral multiple of $1,000,000 and may not exceed the Total Commitment, and (ii) whether the Interest Period of such Competitive Bid Quotes requested are Loan, subject to set forth a Competitive LIBOR Margin or an Absolute Rate, or both, and
(iv) the LIBOR provisions of the definition of Interest Period, if and be accompanied by a Competitive LIBOR Margin is requested, or Bid fee of $750 payable to the Absolute Interest Period, if an Absolute Rate is requestedAgent with respect to each Competitive Bid Quote Request. The Borrower Company or, solely in the case of Hasbro SA Loans, Hasbro SA may request offers to make Competitive Bid Loans for no more than one (1) amount and three (3) Interest Period (but not more than five Interest Periods) Periods in a single Competitive Bid Quote Request. No new Competitive Bid Quote Request shall be given within five Business Days (until the Company or, solely in the case of Hasbro SA Loans, Hasbro SA has notified the Agent of its acceptance or such other number non-acceptance of days as the Borrower and the Administrative Agent may agree) of Competitive Bid Quotes relating to any other outstanding Competitive Bid Quote Request. A Competitive Bid Quote Request that does not conform substantially to the form of Exhibit C-1 hereto shall be rejected, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopy.
Appears in 1 contract
Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.16SECTION 2.23, it shall transmit to the Administrative Agent by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 EXHIBIT I-1 hereto so as to be received no later than (i) 10:00 a.m. (Chicago time) at least five Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin or (ii) 9:00 a.m. (Chicago time) at least one Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate specifying:
(i) the proposed Borrowing Date for the proposed Competitive Bid Loan,
(ii) the requested aggregate principal amount of such Competitive Bid LoanLoan which shall be at least $5,000,000 and in an integral multiple of $1,000,000,
(iii) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Margin or an Absolute Rate, or both, and
(iv) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or the Absolute Interest Period, if an Absolute Rate is requested. The Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five five) Interest Periods) Periods in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five Business Days (or such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote RequestRequest or Invitation for Competitive Bid Quotes. A Competitive Bid Quote Request that does not conform substantially to the form of Exhibit C-1 EXHIBIT I-1 hereto shall be rejected, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopy.
Appears in 1 contract
Samples: Credit Agreement (Developers Diversified Realty Corp)
Competitive Bid Quote Request. When the Borrower Company wishes to request offers to make Competitive Bid Loans under this Section 2.162.2, it shall transmit to the Administrative Agent by telecopy facsimile a Competitive Bid Quote Request substantially in the form of Exhibit C-1 J hereto so as to be received no later than (ix) 10:00 11:00 a.m. (Chicago New York time) at least five (5) Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin Eurocurrency Auction or (iiy) 9:00 10:00 a.m. (Chicago New York time) at least one (1) Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate Auction specifying:
(i) the proposed Borrowing Date Date, which shall be a Business Day, for the proposed Competitive Bid LoanAdvance,
(ii) the requested aggregate principal amount of such Competitive Bid LoanAdvance, which must be at least $10,000,000 (and in integral multiples of $1,000,000 if in excess thereof),
(iii) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Margin Eurocurrency Bid Rate or an Absolute Rate, or both, and
(iv) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or Period applicable thereto (which may not end after the Absolute Interest Period, if an Absolute Rate is requestedRevolving Loan Termination Date). The Borrower Company may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five Interest Periods) in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five (5) Business Days (or such other number of days as the Borrower Company and the Administrative Agent may agree) of any other Competitive Bid Quote Request. A Competitive Bid Quote Request that does not conform substantially to the form format of Exhibit C-1 EXHIBIT J hereto shall be rejected, and the Administrative Agent shall promptly notify the Borrower Company of such rejection by telecopyfacsimile. The aggregate amount of outstanding Competitive Bid Advances shall not exceed $50,000,000. All Competitive Bid Loans shall be in Dollars.
Appears in 1 contract
Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.16, it shall transmit to the Administrative Agent by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 hereto so as to be received no later than (i) 10:00 a.m. (Chicago time) at least five Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin or (ii) 9:00 a.m. (Chicago time) at least one Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate specifying:
(i1) the proposed Borrowing Date for the proposed Competitive Bid Loan,
(ii2) the requested aggregate principal amount of such Competitive Bid LoanLoan which must be at least $10,000,000 and an integral multiple of $1,000,000,
(iii3) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Margin or an Absolute Rate, or both, and
(iv4) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or the Absolute Interest Period, if an Absolute Rate is requested.
(5) whether the Competitive Bid Loan shall be subject to prepayment. The Borrower may request offers to make Competitive Bid Loans for more than that one Interest Period (but not more than five five) Interest Periods) Periods in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five Business Days (or such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote Request. Competitive Bid requests will be limited to a maximum of two bid auctions each 30 days. A Competitive Bid Quote Request that does not conform substantially to the form of Exhibit C-1 hereto shall be rejected, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopy.
Appears in 1 contract
Samples: Unsecured Revolving Credit Agreement (Susa Partnership Lp)
Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.162.3, it Borrower shall transmit to the Administrative Agent by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 hereto so as to be received no later than (i) 10:00 a.m. (Chicago 11:00 a.m., Dallas time) , at least five Business Days prior to the Borrowing Date proposed therein, specifying in accordance with all of the case terms of a request for a Competitive LIBOR Margin or (ii) 9:00 a.m. (Chicago time) at least one Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate specifyingthis Agreement:
(i) the proposed Borrowing Date for the proposed Competitive Bid Loan,Advance;
(ii) the requested aggregate principal amount of such Competitive Bid Loan,Advance; and
(iii) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Margin or an Absolute Rate, or both, and
(iv) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or the Absolute Interest Period, if an Absolute Rate is requestedPeriod applicable thereto. The Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five Interest Periods) in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five Business Days (or upon reasonable prior notice to the Revolving Lenders, such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote Request. Each Competitive Bid Quote Request shall be in a minimum amount of $5,000,000 or a larger multiple of $1,000,000. Borrower shall not be entitled to have more than four Competitive Bid Loans outstanding at any time. A Competitive Bid Quote Request that does not conform substantially to the form format of Exhibit C-1 E hereto shall be rejected, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopy.
Appears in 1 contract
Samples: Loan Agreement (Amresco Inc)
Competitive Bid Quote Request. When the Borrower wishes to ----------------------------- request offers to make Competitive Bid Loans under this Section 2.162.4, it the Borrower shall transmit to the Administrative Agent by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 hereto so as to be received no later than (ix) 10:00 a.m. (Chicago time) at least five Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin Eurocurrency Auction, or (iiy) 9:00 10:00 a.m. (Chicago time) at least one Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate specifyingAuction, specifying in accordance with all of the terms of this Agreement:
(i) the proposed Borrowing Date Date, which shall be a Business Day, for the proposed Competitive Bid Loan,Advance;
(ii) the requested aggregate principal amount of such Competitive Bid Loan,Advance;
(iii) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Bid Margin or an Absolute Rate, or both, and;
(iv) in the LIBOR case of each Eurocurrency Bid Rate Advance, the Eurocurrency applicable thereto; and
(v) the Interest Period, if a Competitive LIBOR Margin is requested, or the Absolute Interest Period, if an Absolute Rate is requestedPeriod applicable thereto. The Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five Interest Periods) and for a Eurocurrency Auction and an Absolute Rate Auction in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five Business Days (or upon reasonable prior notice to the Lenders, such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote Request. Each Competitive Bid Quote Request shall be in a minimum amount of $5,000,000 (and in multiples of $1,000,000 in excess thereof). A Competitive Bid Quote Request that does not conform substantially to the form format of Exhibit C-1 "B" hereto shall be rejected, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopytelecopy and telephone.
Appears in 1 contract
Samples: Credit Agreement (Jostens Inc)
Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.162.3, it shall transmit to the Administrative Agent (whether or not it is the Competitive Bid Agent) by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 hereto M so as to be received no later than (i) 10:00 a.m. (Chicago time) at least five (5) U.S. Government Securities Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin Term SOFR Auction or (ii) 9:00 a.m. (Chicago time) at least two (2) Business Days (or, if so agreed by the Borrower and the Administrative Agent, one (1) (but not less than one (1)) Business Day Day) prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate specifyingAuction. The Competitive Bid Quote Request shall specify whether the Borrower or the Administrative Agent shall be the Competitive Bid Agent with respect thereto, and, if the Administrative Agent is the Competitive Bid Agent, the Borrower shall deliver the Competitive Bid Quote Request to the Administrative Agent not later than 10:00 a.m. (New York time) on the day on which it is required to be delivered. Each Competitive Bid Quote Request shall specify:
(i) the proposed Borrowing Date Date, which shall be a Business Day, for the proposed Competitive Bid Loan,Advance;
(ii) the requested aggregate principal amount of such proposed Competitive Bid Loan,Advance, which shall be not less than $10,000,000 and in an integral multiple of $1,000,000 if in excess thereof;
(iii) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Bid Margin or an Absolute Rate, or both, ; and
(iv) the LIBOR Competitive Bid Interest Period, if a Competitive LIBOR Margin is requested, or Period applicable thereto (which may not end after the Absolute Interest Period, if an Absolute Rate is requestedlatest Revolving Credit Facility Termination Date). The Borrower may request offers to make Competitive Bid Loans for more than one Competitive Bid Interest Period (Period, but not more than five Competitive Bid Interest Periods) , in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five (5) Business Days (or such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote RequestRequest that did not result in a Competitive Bid Advance being made. A If the Administrative Agent is the Competitive Bid Agent, it may reject a Competitive Bid Quote Request that does not conform substantially to the form of Exhibit C-1 hereto shall be rejected, M and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopy.
Appears in 1 contract
Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.162.3, it shall transmit to the Administrative Agent by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 hereto so as to be received no later than (ia) 10:00 a.m. (Chicago time) at least five Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin Eurodollar Auction, or (iib) 9:00 a.m. (Chicago time) at least one Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate Auction, specifying:
(i) the proposed Borrowing Date Date, which shall be a Business Day, for the proposed such Competitive Bid LoanAdvance,
(ii) the requested aggregate principal amount of such Competitive Bid LoanAdvance,
(iii) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Bid Margin or an Absolute Rate, or both, and
(iv) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or Period applicable thereto (which may not end after the Absolute Interest Period, if an Absolute Rate is requestedFacility Termination Date). The Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five Interest Periods) and for a Eurodollar Auction and an Absolute Rate Auction in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five (5) Business Days (or such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote Request. A Competitive Bid Quote Request that does not conform substantially to the form format of Exhibit C-1 F hereto shall be rejected, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopyrejection.
Appears in 1 contract
Competitive Bid Quote Request. When the Borrower ----------------------------- wishes to request offers to make Competitive Bid Loans under this Section 2.162.3, ----------- it shall transmit to the Administrative Agent by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 D hereto so as to be received no later than --------- (ia) 10:00 a.m. (Chicago time) at least five four Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin Eurodollar Auction or (iib) 9:00 10:00 a.m. (Chicago time) at least one Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate Auction specifying:
(ia) the proposed Borrowing Date Date, which shall be a Business Day, for the proposed Competitive Bid Loan,Advance;
(iib) the requested aggregate principal amount of such Competitive Bid Loan,Advance;
(iiic) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Margin or Eurodollar Bid Rate, an Absolute Rate, or both, ; and
(ivd) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or Period applicable thereto (which may not end after the Absolute Interest Period, if an Absolute Rate is requestedFacility Termination Date). The Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five Interest Periods) in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five 5 Business Days (or such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote Request. A Competitive Bid Quote Request that does not conform substantially to the form format of Exhibit C-1 D hereto shall be rejected, and the Administrative Agent shall promptly --------- notify the Borrower of such rejection by telecopy.
Appears in 1 contract
Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.162.3, it shall transmit to the Administrative Agent by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 "A" hereto so as to be received no later than (ia) 10:00 11:00 a.m. (Chicago New York time) at least five four Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin Eurodollar Auction or (iib) 9:00 10:00 a.m. (Chicago New York time) at least one Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate Auction specifying:
(ia) the proposed Borrowing Date Date, which shall be a Business Day, for the proposed Competitive Bid Loan,Advance;
(iib) the requested aggregate principal amount of such Competitive Bid Loan,Advance;
(iiic) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Margin or Eurodollar Bid Rate, an Absolute Rate, or both, ; and
(ivd) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or Period applicable thereto (which may not end after the Absolute Interest Period, if an Absolute Rate is requestedTermination Date). The Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five Interest Periods) in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five 5 Business Days (or such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote Request. A Competitive Bid Quote Request that does not conform substantially to the form format of Exhibit C-1 "A" hereto shall be rejected, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopy.
Appears in 1 contract
Samples: Credit Agreement (Cna Surety Corp)
Competitive Bid Quote Request. When the Borrower wishes Caxxxxxxx xishes to request offers to make Competitive Bid Loans under this Section 2.16Section, it shall transmit to the Administrative Agent by telecopy telephone call followed promptly by facsimile transmission a Competitive Bid Quote Request request substantially in the form of Exhibit C-1 A-2 hereto (a "Competitive Bid Quote Request") so as to be received no by the Administrative Agent at the Administrative Agent's Office not later than (i) 10:00 a.m. (Chicago time) at least five 12:00 Noon on the Business Days prior Day next preceding the date of Borrowing proposed therein or such other time or date as Caxxxxxxx xnd the Administrative Agent shall have mutually agreed and shall have notified to the Borrowing Date proposed therein, in Lenders not later than the case date of a request the Competitive Bid Quote Request for a Competitive LIBOR Margin or (ii) 9:00 a.m. (Chicago time) at least one Business Day prior to the Borrowing Date proposed therein, in the case of a request for an first Absolute Rate specifying:
(i) the proposed Borrowing Date Auction for the proposed Competitive Bid Loan,
(ii) the requested aggregate principal amount of which such change is to be effective. Each such Competitive Bid Loan,
Quote Request shall specify: the proposed date of Borrowing, which shall be a Business Day; the proposed currency, the aggregate amount (iiiin such currency) whether and the Competitive Bid Quotes requested are Dollar Amount, if applicable, of such Borrowing, which shall be $2,000,000 in aggregate Dollar Amount (or any larger multiple of $1,000,000); and the duration of the Interest Period applicable thereto, subject to set forth a Competitive LIBOR Margin or an Absolute Rate, or both, and
(iv) the LIBOR provisions of the definition of Interest Period, if a Competitive LIBOR Margin is requested, or the Absolute Interest Period, if an Absolute Rate is requested. The Borrower may Caxxxxxxx xay request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five Interest Periods) in a single Competitive Bid Quote Request. No more than two Competitive Bid Quote Request Requests shall be given within five Business Days for the applicable currency (or such other number of days as the Borrower and Caxxxxxxx xnd the Administrative Agent may agree) of any other Competitive Bid Quote Request. A Competitive Bid Quote Request that does not conform substantially to for a Borrowing in the form of Exhibit C-1 hereto shall be rejected, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopysame currency.
Appears in 1 contract
Samples: Revolving Credit Agreement (Carpenter Technology Corp)
Competitive Bid Quote Request. When the a Borrower (in such capacity, a “Requesting Borrower”) wishes to request offers to make Competitive Bid Loans under this Section 2.162.3, it shall transmit to the Administrative Agent by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 hereto so as to be received no later than (i) 10:00 a.m. (Chicago time) at least five Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin Eurodollar Auction, or (ii) 9:00 a.m. (Chicago time) at least one Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate Auction, specifying:
(ia) the proposed Borrowing Date Date, which shall be a Business Day, for the proposed such Competitive Bid LoanAdvance,
(iib) the requested aggregate principal amount of such Competitive Bid LoanAdvance,
(iiic) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Bid Margin or an Absolute Rate, or both,
(d) whether the proposed Competitive Bid Advance will be subject to prepayment, and
(ive) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or Period applicable thereto (which may not end after the Absolute Interest Period, if an Absolute Rate is requestedFacility Termination Date). The Requesting Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five Interest Periods) and for a Eurodollar Auction and an Absolute Rate Auction in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five 5 Business Days (or such other number of days as the requesting Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote Request. A Competitive Bid Quote Request that does not conform substantially to the form format of Exhibit C-1 F hereto shall be rejected, and the Administrative Agent shall promptly notify the Requesting Borrower of such rejection by telecopyrejection.
Appears in 1 contract
Samples: Credit Agreement (Nationwide Financial Services Inc/)
Competitive Bid Quote Request. When the a Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.16Section, it shall transmit to the Administrative Agent by telecopy telex or facsimile transmission or electronic mail a Competitive Bid Quote Request substantially in the form of Exhibit C-1 B hereto so as to be received no later than (ix) 10:00 a.m. 9:00 A.M. (Chicago New York City time) at least five on the third Euro-Dollar Business Days Day prior to the date of Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin Auction or (iiy) 9:00 a.m. 10:30 A.M. (Chicago New York City time) at least one on the Domestic Business Day prior to next preceding the date of Borrowing Date proposed therein, in the case of a request for an Absolute Rate Auction (or, in either case, such other time or date as the relevant Borrower and the Administrative Agent shall have mutually agreed and shall have notified to the Banks not later than the date of the Competitive Bid Quote Request for the first LIBOR Auction or Absolute Rate Auction for which such change is to be effective) specifying:
(i) the proposed Borrowing Date for date of Borrowing, which shall be a Euro-Dollar Business Day in the proposed Competitive Bid Loancase of a LIBOR Auction or a Domestic Business Day in the case of an Absolute Rate Auction,
(ii) the requested aggregate principal amount of such Competitive Bid LoanBorrowing, which shall be $25,000,000 or a larger multiple of $5,000,000,
(iii) the duration of the Interest Period applicable thereto, subject to the provisions of the definition of Interest Period, and
(iv) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Bid Margin or an a Competitive Bid Absolute Rate, or both, and
(iv) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or the Absolute Interest Period, if an Absolute Rate is requested. The A Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five Interest Periods) in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five Business Days (or such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote Request. A Competitive Bid Quote Request that does not conform substantially to the form of Exhibit C-1 hereto shall be rejected, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopy.
Appears in 1 contract
Samples: Credit Agreement (Heinz H J Co)
Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.162.8, it shall transmit to the Administrative Agent by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 hereto so as to be received no later than (ia) 10:00 a.m. (Chicago time) at least five four Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin Eurodollar Auction or (iib) 9:00 10:00 a.m. (Chicago time) at least one Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate Auction specifying:
(i) the proposed Borrowing Date Date, which shall be a Business Day, for the proposed Competitive Bid Loan,Advance;
(ii) the requested aggregate principal amount of such Competitive Bid Loan,Advance;
(iii) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Margin or Eurodollar Bid Rate, an Absolute Rate, or both, ; and
(iv) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or Period applicable thereto (which may not end after the Absolute Interest Period, if an Absolute Rate is requestedFacility Termination Date). The Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five Interest Periods) in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five Business Days (or such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote Request. A Competitive Bid Quote Request that does not conform substantially to the form format of Exhibit C-1 hereto C shall be rejected, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopy.
Appears in 1 contract
Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.16, it shall transmit to the Administrative Agent by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 hereto so as to be received no later than (i) 10:00 a.m. (Chicago time) at least five Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin or (ii) 9:00 a.m. (Chicago time) at least one Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate specifying:
(i1) the proposed Borrowing Date for the proposed Competitive Bid Loan,
(ii2) the requested aggregate principal amount of such Competitive Bid LoanLoan which must be at least $10,000,000 and an integral multiple of $1,000,000,
(iii3) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Margin or an Absolute Rate, or both, and,
(iv4) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or the Absolute Interest Period, if an Absolute Rate is requested, and
(5) whether the Competitive Bid Loan shall be subject to prepayment. The Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five five) Interest Periods) Periods in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five Business Days (or such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote Request. Competitive Bid requests will be limited to a maximum of two bid auctions each 30 days. A Competitive Bid Quote Request that does not conform substantially to the form of Exhibit C-1 hereto shall be rejected, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopy.
Appears in 1 contract
Samples: Unsecured Revolving Credit Agreement (Storage Usa Inc)
Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.162.3, it shall transmit to the Administrative Agent by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 C hereto so as to be received no later than (ia) 10:00 11:00 a.m. (Chicago time) at least five four Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin Eurodollar Auction or (iib) 9:00 11:00 a.m. (Chicago time) at least one Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate Auction specifying:
(ia) the proposed Borrowing Date Date, which shall be a Business Day, for the proposed Competitive Bid Loan,Advance;
(iib) the requested aggregate principal amount of such Competitive Bid Loan,Advance;
(iiic) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Margin or Eurodollar Bid Rate, an Absolute Rate, or both, ; and
(ivd) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or Period applicable thereto (which may not end after the Absolute Interest Period, if an Absolute Rate is requestedFacility Termination Date). The Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five Interest Periods) in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five 5 Business Days (or such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote Request. A Competitive Bid Quote Request that does not conform substantially to the form format of Exhibit C-1 C hereto shall be rejected, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopy.
Appears in 1 contract
Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.162.3, it shall transmit to the Administrative Agent by telex or telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 "C" hereto so as to be received no later than (i) 10:00 a.m. (Chicago time) at least five four Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin Eurodollar Auction or (ii) 9:00 10:00 a.m. (Chicago time) at least one Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate Auction specifying:
(ia) the proposed Borrowing Date Date, which shall be a Business Day, for the proposed Competitive Bid LoanAdvance,
(iib) the requested aggregate principal amount of such Competitive Bid LoanAdvance,
(iiic) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Margin Eurodollar Bid Rate or an Absolute Rate, or both, Rate and
(ivd) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or Period applicable thereto (which may not end after the Absolute Interest Period, if an Absolute Rate is requestedTermination Date). The Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five Interest Periods) in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five 5 Business Days (or such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote Request. A Competitive Bid Quote Request that does not conform substantially to the form format of Exhibit C-1 "C" hereto shall be rejected, and the Administrative Agent shall promptly notify the Borrower of such rejection by telex or telecopy.
Appears in 1 contract
Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.162.18, it shall transmit to the Administrative Agent by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 hereto so as to be received no later than (i) 10:00 11:00 a.m. (Chicago New York time) at least five Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin or (ii) 9:00 10:00 a.m. (Chicago New York time) at least one Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate specifying:
(i) the proposed Borrowing Date for the proposed Competitive Bid Loan,
(ii) the requested aggregate principal amount of such Competitive Bid Loan,
(iii) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Margin or an Absolute Rate, or both, and
(iv) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or the Absolute Interest Period, if an Absolute Rate is requested. The Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five Interest Periods) in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five Business Days (or such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote Request. A Competitive Bid Quote Request that does not conform substantially to the form of Exhibit C-1 hereto shall be rejected, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopy.
Appears in 1 contract
Samples: Unsecured Revolving Credit and Term Loan Agreement (First Industrial Realty Trust Inc)
Competitive Bid Quote Request. When the Borrower wishes to ----------------------------- request offers to make Competitive Bid Loans under this Section 2.162.4, it the ----------- Borrower shall transmit to the Administrative Agent by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 hereto so as to be received no later than (ix) 10:00 a.m. (11:00 a.m., Chicago time) , at least five Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin Eurodollar Auction, or (iiy) 9:00 a.m. (11:00 a.m., Chicago time) , at least one three Business Day Days prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate specifyingAuction, specifying in accordance with all of the terms of this Agreement:
(i) the proposed Borrowing Date for the proposed Competitive Bid Loan,Advance;
(ii) the requested aggregate principal amount of such Competitive Bid Loan,Advance;
(iii) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Bid Margin or an Absolute Rate, or both, ; and
(iv) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or the Absolute Interest Period, if an Absolute Rate is requestedPeriod applicable thereto. The A Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five Interest Periods) and for a Eurodollar Auction and an Absolute Rate Auction in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five Business Days (or upon reasonable prior notice to the Lenders, such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote Request. Each Competitive Bid Quote Request shall be in a minimum amount of $10,000,000 or a larger multiple of $1,000,000. A Competitive Bid Quote Request that does not conform substantially to the form format of Exhibit C-1 B --------- hereto shall be rejected, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopy.
Appears in 1 contract
Competitive Bid Quote Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this Section 2.162.3, it shall transmit to the Administrative Agent by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 hereto so as to be received no later than (i) 10:00 11:00 a.m. (Chicago time) at least five Business Days prior to the Borrowing Date proposed therein; provided that, in the case of a request for a Competitive LIBOR Margin or (ii) 9:00 Bid Quote Request solely requesting an Absolute Bid Rate Auction does not need to be received by the Administrative Agent until no later than 10:00 a.m. (Chicago time) at least one Business Day prior to the Borrowing Date proposed therein, and in the each case of a request for an Absolute Rate specifying:
(ia) the proposed Borrowing Date Date, which shall be a Business Day, for the proposed Competitive Bid Loan,
(ii) the requested aggregate principal amount of such Competitive Bid Loan,;
(iiib) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Margin or Bid Margin, an Absolute Bid Rate, or both, ;
(c) the aggregate principal amount of each Type of Competitive Bid Loan requested; and
(ivd) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or Periods applicable thereto (which may not end after the Absolute Interest Period, if an Absolute Rate is requestedFacility Termination Date). The Borrower may request offers to make Competitive Bid Loans for more than one (1) Interest Period (but not more than five Interest Periods) and for a Eurodollar Auction and an Absolute Bid Rate Auction in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given (x) while another Competitive Bid Quote Request is outstanding or (y) within five (5) Business Days (or such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote Request. A Competitive Bid Quote Request that does not conform substantially to the form format of Exhibit C-1 2.3.2 hereto shall be rejectedrejected by the Administrative Agent, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopyrejection.
Appears in 1 contract
Competitive Bid Quote Request. When the Borrower Company wishes to request offers to make Competitive Bid Loans under this Section 2.162.1, it shall transmit to the Administrative Agent by telecopy facsimile a Competitive Bid Quote Request substantially in the form of Exhibit C-1 L hereto so as to be received no later than (ix) 10:00 a.m. (Chicago time) at least five (5) Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin Eurocurrency Auction or (iiy) 9:00 a.m. (Chicago time) at least one (1) Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate Auction specifying:
(i) the proposed Borrowing Date Date, which shall be a Business Day, for the proposed Competitive Bid LoanAdvance,
(ii) the requested aggregate principal amount of such Competitive Bid LoanAdvance,
(iii) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Margin Eurocurrency Bid Rate or an Absolute Rate, or both, and
(iv) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or Period applicable thereto (which may not end after the Absolute Interest Period, if an Absolute Rate is requestedTermination Date). The Borrower Company may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five Interest Periods) in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five (5) Business Days (or such other number of days as the Borrower Company and the Administrative Agent may agree) of any other Competitive Bid Quote Request. A Competitive Bid Quote Request that does not conform substantially to the form format of Exhibit C-1 L hereto shall be rejected, and the Administrative Agent shall promptly notify the Borrower Company of such rejection by telecopyfacsimile.
Appears in 1 contract
Samples: 364 Day Credit Agreement (American National Can Group Inc)
Competitive Bid Quote Request. When the Borrower wishes to request ------------------------------- offers to make Competitive Bid Loans under this Section 2.162.3, it shall transmit ----------- to the Administrative Agent by telecopy a Competitive Bid Quote Request substantially in the form of Exhibit C-1 C hereto so as to be received no later than --------- (ia) 10:00 a.m. (Chicago time) at least five Business Days prior to the Borrowing Date proposed therein, in the case of a request for a Competitive LIBOR Margin Eurodollar Auction or (iib) 9:00 a.m. (Chicago time) at least one Business Day prior to the Borrowing Date proposed therein, in the case of a request for an Absolute Rate Auction specifying:
(ia) the proposed Borrowing Date Date, which shall be a Business Day, for the proposed Competitive Bid Loan,Advance;
(iib) the requested aggregate principal amount of such Competitive Bid Loan,Advance;
(iiic) whether the Competitive Bid Quotes requested are to set forth a Competitive LIBOR Margin or Eurodollar Bid Rate, an Absolute Rate, or both, ; and
(ivd) the LIBOR Interest Period, if a Competitive LIBOR Margin is requested, or Period applicable thereto (which may not end after the Absolute Interest Period, if an Absolute Rate is requestedFacility Termination Date). The Borrower may request offers to make Competitive Bid Loans for more than one Interest Period (but not more than five Interest Periods) in a single Competitive Bid Quote Request. No Competitive Bid Quote Request shall be given within five 5 Business Days (or such other number of days as the Borrower and the Administrative Agent may agree) of any other Competitive Bid Quote Request. A Competitive Bid Quote Request that does not conform substantially to the form format of Exhibit C-1 C hereto shall be rejected, and --------- the Administrative Agent shall promptly notify the Borrower of such rejection by telecopy.
Appears in 1 contract
