Common use of Competitive Bid Request Clause in Contracts

Competitive Bid Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this SECTION 2.03, it shall transmit to the Administrative Agent by telephone call followed promptly by facsimile transmission (a "COMPETITIVE BID REQUEST") substantially in the form of EXHIBIT A-2 hereto so as to be received by the Administrative Agent at the Administrative Agent's Office not later than 12:00 Noon on (x) the fourth Business Day before the date of Borrowing proposed therein, in the case of a LIBOR Auction or (y) the Business Day next preceding the date of Borrowing proposed therein, in the case of an Absolute Rate Auction, or, in any such 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 Request for the first LIBOR Auction or Absolute Rate Auction for which such change is to be effective. Each such Competitive Bid Request shall specify: (i) the proposed date of Borrowing, which shall be a Business Day; (ii) the aggregate amount of such Borrowing, which shall be $5,000,000 in aggregate principal amount (or 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 Borrowing quote requested (each, a "COMPETITIVE BID QUOTE") are to set forth a Competitive Bid Margin or a Competitive Bid Absolute Rate. The Borrower may request offers to make Competitive Bid Loans for more than one Interest Period in a single Competitive Bid Request. No more than two Competitive Bid Requests 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 Request.

Appears in 2 contracts

Samples: 364 Day Revolving Credit Agreement (Worthington Industries Inc), Revolving Credit Agreement (Worthington Industries Inc)

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Competitive Bid Request. When In order to request Competitive Bids, the Borrower wishes shall deliver to request offers to make the Agent a duly completed Competitive Bid Loans under this SECTION 2.03, it shall transmit to the Administrative Agent by telephone call followed promptly by facsimile transmission (a "COMPETITIVE BID REQUEST") substantially Request in the form of EXHIBIT A-2 Exhibit A-1 hereto so as (a “Competitive Bid Request”) to be received by the Administrative Agent at the Administrative Agent's Office not later than 12:00 Noon on p.m. (xi) five (5) Business Days before each proposed Eurodollar Competitive Bid Loan and (ii) two (2) Business Days before each proposed Fixed Rate Loan; provided that, the fourth Borrower may not submit more than two (2) Competitive Bid Requests during any period of five (5) consecutive Business Day before Days. Notwithstanding the foregoing, the Borrower may not submit more than six (6) Competitive Bid Requests during any calendar month. No Eurocurrency Loan or ABR Loan shall be requested in, or made pursuant to, a Competitive Bid Request. A Competitive Bid Request that does not conform substantially to the form of Exhibit A-1 may be rejected in the Agent’s sole discretion, and the Agent shall promptly notify the Borrower of such rejection by telephone promptly confirmed by telecopy. Such request shall in each case refer to this Agreement and specify (i) whether the borrowing then being requested is to be a Eurodollar Competitive Bid Loan or a Fixed Rate Loan, (ii) the date of Borrowing proposed therein, in the case of a LIBOR Auction or such borrowing (y) the Business Day next preceding the date of Borrowing proposed therein, in the case of an Absolute Rate Auction, or, in any such 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 Request for the first LIBOR Auction or Absolute Rate Auction for which such change is to be effective. Each such Competitive Bid Request shall specify: (i) the proposed date of Borrowing, which shall be a Business Day; (ii) the aggregate amount of such Borrowing), which shall be $5,000,000 in aggregate principal amount (or any larger multiple of $1,000,000); (iii) the duration aggregate principal amount of the Interest Period applicable theretosuch borrowing which shall be in a minimum principal amount of $1,000,000 or a whole multiple of $1,000,000 in excess thereof, subject to the provisions of the definition of Interest Period; and and (iv) whether the Competitive Bid Borrowing quote requested Interest Periods with respect to each Eurodollar Competitive Bid Loan and each Fixed Rate Loan which Competitive Bid Interest Periods may not expire on a date later than the first Business Day prior to the Revolving Maturity Date; provided, that the Borrower may not request bids for more than three (each, a "COMPETITIVE BID QUOTE"3) are to set forth different durations of Competitive Bid Interest Periods in the same Competitive Bid Request. Promptly after its receipt of a Competitive Bid Margin or a Competitive Bid Absolute Rate. The Borrower may request offers Request that is not rejected as aforesaid, the Agent shall invite by facsimile (in the form set forth in Exhibit A-2 hereto) the Lenders to bid, on the terms and conditions of this Agreement, to make Competitive Bid Loans for more than one Interest Period in a single Competitive Bid Request. No more than two Competitive Bid Requests shall be given within five Business Days (or such other number of days as pursuant to the Borrower and the Administrative Agent may agree) of any other Competitive Bid Request.

Appears in 2 contracts

Samples: Senior Unsecured Revolving Credit Agreement (Choice Hotels International Inc /De), Senior Unsecured Revolving Credit Agreement (Choice Hotels International Inc /De)

Competitive Bid Request. When the Borrower wishes In order to request offers to make Competitive Bid Loans under this SECTION 2.03Bids, it the Company shall transmit deliver to the Administrative Agent by telephone call followed promptly by facsimile transmission (a "COMPETITIVE BID REQUEST") substantially duly completed Competitive Bid Request in the form of EXHIBIT A-2 Exhibit C-1 hereto so as (a “Competitive Bid Request”) to be received by the Administrative Agent at not later than 11:00 a.m. (Chicago time) (i) five (5) Business Days before each proposed LIBOR Competitive Bid Loan and (ii) two (2) Business Days before each proposed Absolute Rate Loan; provided that, the Company may not submit more than two (2) Competitive Bid Requests during any period of five (5) consecutive Business Days. Notwithstanding the foregoing, the Company may not submit more than six (6) Competitive Bid Requests during any calendar month. A Competitive Bid Request that does not conform substantially to the form of Exhibit C-1 may be rejected in the Administrative Agent's Office not later than 12:00 Noon on (x) the fourth Business Day before the date of Borrowing proposed therein’s sole discretion, in the case of a LIBOR Auction or (y) the Business Day next preceding the date of Borrowing proposed therein, in the case of an Absolute Rate Auction, or, in any such case, such other time or date as the Borrower and the Administrative Agent shall have mutually agreed promptly notify the Company of such rejection by telephone promptly confirmed by telecopy. Such request shall in each case refer to this Agreement and shall have notified specify (i) whether the borrowing then being requested is to the Lenders not later than be a LIBOR Competitive Bid Loan or an Absolute Rate Loan, (ii) the date of the Competitive Bid Request for the first LIBOR Auction or Absolute Rate Auction for which such change is to be effective. Each such Competitive Bid Request shall specify: borrowing (i) the proposed date of Borrowing, which shall be a Business Day; (ii) the aggregate amount of such Borrowing), which shall be $5,000,000 in aggregate principal amount (or any larger multiple of $1,000,000); (iii) the duration aggregate principal amount of the Interest Period applicable thereto, subject to the provisions such borrowing which shall be in Dollars in a minimum principal amount of the definition $2,000,000 or a whole multiple of Interest Period; and $500,000 in excess thereof and (iv) whether the Competitive Bid Borrowing quote requested Interest Periods with respect to each LIBOR Competitive Bid Loan and each Absolute Rate Loan which Competitive Bid Interest Periods may not expire on a date later than the first Business Day prior to the Revolving Credit Termination Date; provided, that the Company may not request bids for more than three (each, a "COMPETITIVE BID QUOTE"3) are to set forth different durations of Competitive Bid Interest Periods in the same Competitive Bid Request. Promptly after its receipt of a Competitive Bid Margin or a Competitive Bid Absolute Rate. The Borrower may request offers Request that is not rejected as aforesaid, the Administrative Agent shall invite by telecopier (in the form set forth in Exhibit C-2 hereto) the Lenders to bid, on the terms and conditions of this Agreement, to make Competitive Bid Loans for more than one Interest Period in a single Competitive Bid Request. No more than two Competitive Bid Requests shall be given within five Business Days (or such other number of days as pursuant to the Borrower and the Administrative Agent may agree) of any other Competitive Bid Request.

Appears in 1 contract

Samples: Credit Agreement (Grainger W W Inc)

Competitive Bid Request. When Subject to the terms and conditions set forth herein, from time to time prior to the Termination Date, the Borrower wishes to may request offers to make Competitive Bid Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans, provided that (i) in no event may the aggregate principal balance of all outstanding Competitive Loans under this SECTION 2.03exceed $300,000,000 and (ii) in no event may the Aggregate Credit Exposure exceed the Aggregate Commitment. To request Competitive Bids, it the Borrower shall transmit to notify the Administrative Agent of such request by telephone call followed promptly by facsimile transmission (a "COMPETITIVE BID REQUEST") substantially in the form of EXHIBIT A-2 hereto so as to be received by the Administrative Agent at the Administrative Agent's Office not later than 12:00 Noon on (x) the fourth 10:00 a.m., Chicago time, one Business Day before the date of Borrowing the proposed therein, in the case of a LIBOR Auction or (y) the Business Day next preceding the date of Borrowing proposed therein, in the case of an Absolute Rate Auction, or, in any such case, such other time or date as Competitive Loan; provided that the Borrower and the Administrative Agent shall have mutually agreed and shall have notified may submit up to the Lenders (but not later than the date of the more than) three (3) Competitive Bid Request for Requests on the first LIBOR Auction or Absolute Rate Auction for which such change is to be effective. Each such same day, but a Competitive Bid Request shall specifynot be made within five Business Days after the date of any previous Competitive Bid Request, unless any and all such previous Competitive Bid Requests shall have been withdrawn or all Competitive Bids received in response thereto rejected. Each such telephonic Competitive Bid Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Competitive Bid Request in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Competitive Bid Request shall specify the following information: (i) the proposed date aggregate amount of Borrowingthe requested Competitive Loan; (ii) the Borrowing Date of such Competitive Loan, which shall be a Business Day; (iiiii) the aggregate amount of Interest Period to be applicable to such BorrowingCompetitive Loan, which shall be $5,000,000 in aggregate principal amount (or any larger multiple of $1,000,000); (iii) the duration of the Interest Period applicable thereto, subject to the provisions of a period contemplated by the definition of the term “Interest Period; and (iv) whether the Competitive Bid Borrowing quote requested (each, a "COMPETITIVE BID QUOTE") location and number of the Borrower’s account to which funds are to set forth be disbursed, which shall comply with the requirements of Section 2.05. Promptly following receipt of a Competitive Bid Margin or a Competitive Bid Absolute Rate. The Borrower may request offers to make Competitive Bid Loans for more than one Interest Period Request in a single Competitive Bid Request. No more than two Competitive Bid Requests shall be given within five Business Days (or such other number of days as the Borrower and accordance with this Section, the Administrative Agent may agree) shall notify the Lenders of any other the details thereof by telecopy, inviting the Lenders to submit Competitive Bid RequestBids.

Appears in 1 contract

Samples: Credit Agreement (Lennar Corp /New/)

Competitive Bid Request. When Subject to the terms and conditions set forth herein, from time to time prior to the Termination Date, the Borrower wishes to may request offers to make Competitive Bid Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans, provided that (i) in no event may the aggregate principal balance of all outstanding Competitive Loans under this SECTION 2.03exceed $300,000,000 and (ii) in no event may the Aggregate Credit Exposure exceed the Aggregate Commitment. To request Competitive Bids, it the Borrower shall transmit to notify the Administrative Agent of such request by telephone call followed promptly by facsimile transmission (a "COMPETITIVE BID REQUEST") substantially in the form of EXHIBIT A-2 hereto so as to be received by the Administrative Agent at the Administrative Agent's Office not later than 12:00 Noon on (x) the fourth 11:00 a.m., New York time, one Business Day before the date of Borrowing the proposed therein, in the case of a LIBOR Auction or (y) the Business Day next preceding the date of Borrowing proposed therein, in the case of an Absolute Rate Auction, or, in any such case, such other time or date as Competitive Loan; provided that the Borrower and the Administrative Agent shall have mutually agreed and shall have notified may submit up to the Lenders (but not later than the date of the more than) three (3) Competitive Bid Request for Requests on the first LIBOR Auction or Absolute Rate Auction for which such change is to be effective. Each such same day, but a Competitive Bid Request shall specifynot be made within five Business Days after the date of any previous Competitive Bid Request, unless any and all such previous Competitive Bid Requests shall have been withdrawn or all Competitive Bids received in response thereto rejected. Each such telephonic Competitive Bid Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Competitive Bid Request in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Competitive Bid Request shall specify the following information: (i) the proposed date aggregate amount of Borrowingthe requested Competitive Loan; (ii) the Borrowing Date of such Competitive Loan, which shall be a Business Day; (iiiii) the aggregate amount of Interest Period to be applicable to such BorrowingCompetitive Loan, which shall be $5,000,000 in aggregate principal amount (or any larger multiple of $1,000,000); (iii) the duration of the Interest Period applicable thereto, subject to the provisions of a period contemplated by the definition of the term “Interest Period; and (iv) whether the Competitive Bid Borrowing quote requested (each, a "COMPETITIVE BID QUOTE") location and number of the Borrower’s account to which funds are to set forth be disbursed, which shall comply with the requirements of Section 2.05. Promptly following receipt of a Competitive Bid Margin or a Competitive Bid Absolute Rate. The Borrower may request offers to make Competitive Bid Loans for more than one Interest Period Request in a single Competitive Bid Request. No more than two Competitive Bid Requests shall be given within five Business Days (or such other number of days as the Borrower and accordance with this Section, the Administrative Agent may agree) shall notify the Lenders of any other the details thereof by telecopy, inviting the Lenders to submit Competitive Bid RequestBids.

Appears in 1 contract

Samples: Credit Agreement (Lennar Corp /New/)

Competitive Bid Request. When In order to request Competitive Bids, the Borrower wishes to request offers to make Competitive Bid Loans under this SECTION 2.03, it shall transmit deliver to the Administrative Agent by telephone call followed promptly by facsimile transmission (a "COMPETITIVE BID REQUEST") substantially duly completed Competitive Bid Request in the form of EXHIBIT A-2 Exhibit A-5 hereto so as (a “Competitive Bid Request”) to be received by the Administrative Agent at the Administrative Agent's Office not later than 12:00 Noon on p.m. (xi) five (5) Business Days before each proposed Eurodollar Competitive Bid Loan and (ii) two (2) Business Days before each proposed Fixed Rate Loan, provided that the fourth Borrower may not submit more than two (2) Competitive Bid Requests during any period of five (5) consecutive Business Day before Days. Notwithstanding the date foregoing, the Borrower may not submit more than six (6) Competitive Bid Requests during any calendar month. No Eurocurrency Loan or ABR Loan shall be requested in, or made pursuant to, a Competitive Bid Request. A Competitive Bid Request that does not conform substantially to the form of Borrowing proposed therein, Exhibit A-5 may be rejected in the case of a LIBOR Auction or (y) the Business Day next preceding the date of Borrowing proposed thereinAdministrative Agent’s sole discretion, in the case of an Absolute Rate Auction, or, in any such case, such other time or date as the Borrower and the Administrative Agent shall have mutually agreed promptly notify the Borrower of such rejection by telephone promptly confirmed by telecopy. Such request shall in each case refer to this Agreement and shall have notified specify (i) whether the borrowing then being requested is to the Lenders not later than be a Eurodollar Competitive Bid Loan or a Fixed Rate Loan, (ii) the date of the Competitive Bid Request for the first LIBOR Auction or Absolute Rate Auction for which such change is to be effective. Each such Competitive Bid Request shall specify: borrowing (i) the proposed date of Borrowing, which shall be a Business Day; (ii) the aggregate amount of such Borrowing), which shall be $5,000,000 in aggregate principal amount (or any larger multiple of $1,000,000); (iii) the duration aggregate principal amount of the Interest Period applicable theretosuch borrowing which shall be in a minimum principal amount of $1,000,000 or a whole multiple of $1,000,000 in excess thereof, subject to the provisions of the definition of Interest Period; and and (iv) whether the Competitive Bid Borrowing quote requested Interest Periods with respect to each Eurodollar Competitive Bid Loan and each Fixed Rate Loan which Competitive Bid Interest Periods may not expire on a date later than the first Business Day prior to the Maturity Date, provided that the Borrower may not request bids for more than three (each, a "COMPETITIVE BID QUOTE"3) are to set forth different durations of Competitive Bid Interest Periods in the same Competitive Bid Request. Promptly after its receipt of a Competitive Bid Margin or a Competitive Bid Absolute Rate. The Borrower may request offers Request that is not rejected as aforesaid, the Administrative Agent shall invite by facsimile (in the form set forth in Exhibit A-6 hereto) the Revolving Credit Lenders to bid, on the terms and conditions of this Agreement, to make Competitive Bid Loans for more than one Interest Period in a single Competitive Bid Request. No more than two Competitive Bid Requests shall be given within five Business Days (or such other number of days as pursuant to the Borrower and the Administrative Agent may agree) of any other Competitive Bid Request.

Appears in 1 contract

Samples: Senior Secured Credit Agreement (Choice Hotels International Inc /De)

Competitive Bid Request. When In order to request Competitive Bids, the Borrower wishes to request offers to make Competitive Bid Loans under this SECTION 2.03, it shall transmit deliver to the Administrative Agent by telephone call followed promptly by facsimile transmission (a "COMPETITIVE BID REQUEST") substantially duly completed Competitive Bid Request in the form of EXHIBIT A-2 Exhibit C-1 hereto so as (a "Competitive Bid Request") to be received by the Administrative Agent at not later than 11:00 a.m. (Charlotte time) (i) five (5) Business Days before each proposed LIBOR Competitive Bid Loan and (ii) two (2) Business Days before each proposed Absolute Rate Loan; provided that, the Borrower may not submit more than two (2) Competitive Bid Requests during any period of five (5) consecutive Business Days. Notwithstanding the foregoing, the Borrower may not submit more than six (6) Competitive Bid Requests during any calendar month. A Competitive Bid Request that does not conform substantially to the form of Exhibit C-1 may be rejected in the Administrative Agent's Office not later than 12:00 Noon on (x) the fourth Business Day before the date of Borrowing proposed thereinsole discretion, in the case of a LIBOR Auction or (y) the Business Day next preceding the date of Borrowing proposed therein, in the case of an Absolute Rate Auction, or, in any such case, such other time or date as the Borrower and the Administrative Agent shall have mutually agreed promptly notify the Borrower of such rejection by telephone promptly confirmed by telecopy. Such request shall in each case refer to this Agreement and shall have notified specify (i) whether the borrowing then being requested is to the Lenders not later than be a LIBOR Competitive Bid Loan or an Absolute Rate Loan, (ii) the date of the Competitive Bid Request for the first LIBOR Auction or Absolute Rate Auction for which such change is to be effective. Each such Competitive Bid Request shall specify: borrowing (i) the proposed date of Borrowing, which shall be a Business Day; (ii) the aggregate amount of such Borrowing), which shall be $5,000,000 in aggregate principal amount (or any larger multiple of $1,000,000); (iii) the duration aggregate principal amount of the Interest Period applicable thereto, subject to the provisions such borrowing which shall be in a minimum principal amount of the definition $3,000,000 or a whole multiple of Interest Period; and $1,000,000 in excess thereof and (iv) whether the Competitive Bid Borrowing quote requested Interest Periods with respect to each LIBOR Competitive Bid Loan and each Absolute Rate Loan which Competitive Bid Interest Periods may not expire on a date later than the first Business Day prior to the Maturity Date; provided, that the Borrower may not request bids for more than three (each, a "COMPETITIVE BID QUOTE"3) are to set forth different durations of Competitive Bid Interest Periods in the same Competitive Bid Request. Promptly after its receipt of a Competitive Bid Margin or a Competitive Bid Absolute Rate. The Borrower may request offers Request that is not rejected as aforesaid, the Administrative Agent shall invite by telecopier (in the form set forth in Exhibit C-2 hereto) the Lenders to bid, on the terms and conditions of this Agreement, to make Competitive Bid Loans for more than one Interest Period in a single Competitive Bid Request. No more than two Competitive Bid Requests shall be given within five Business Days (or such other number of days as pursuant to the Borrower and the Administrative Agent may agree) of any other Competitive Bid Request.

Appears in 1 contract

Samples: Credit Agreement (Performance Food Group Co)

Competitive Bid Request. When In order to request Competitive Bids, the Borrower wishes to request offers to make Competitive Bid Loans under this SECTION 2.03, it shall transmit deliver to the Administrative Agent by telephone call followed promptly by facsimile transmission (a "COMPETITIVE BID REQUEST") substantially duly completed Competitive Bid Request in the form of EXHIBIT A-2 Exhibit A-1 hereto so as (a “Competitive Bid Request”) to be received by the Administrative Agent at the Administrative Agent's Office not later than 12:00 Noon on p.m. (xi) five (5) Business Days before each proposed Eurodollar Competitive Bid Loan and (ii) two (2) Business Days before each proposed Fixed Rate Loan; provided that, the fourth Borrower may not submit more than two (2) Competitive Bid Requests during any period of five (5) consecutive Business Day before Days. Notwithstanding the date foregoing, the Borrower may not submit more than six (6) Competitive Bid Requests during any calendar month. No Eurocurrency Loan or ABR Loan shall be requested in, or made pursuant to, a Competitive Bid Request. A Competitive Bid Request that does not conform substantially to the form of Borrowing proposed therein, Exhibit A-1 may be rejected in the case of a LIBOR Auction or (y) the Business Day next preceding the date of Borrowing proposed thereinAdministrative Agent’s sole discretion, in the case of an Absolute Rate Auction, or, in any such case, such other time or date as the Borrower and the Administrative Agent shall have mutually agreed promptly notify the Borrower of such rejection by telephone promptly confirmed by telecopy. Such request shall in each case refer to this Agreement and shall have notified specify (i) whether the borrowing then being requested is to the Lenders not later than be a Eurodollar Competitive Bid Loan or a Fixed Rate Loan, (ii) the date of the Competitive Bid Request for the first LIBOR Auction or Absolute Rate Auction for which such change is to be effective. Each such Competitive Bid Request shall specify: borrowing (i) the proposed date of Borrowing, which shall be a Business Day; (ii) the aggregate amount of such Borrowing), which shall be $5,000,000 in aggregate principal amount (or any larger multiple of $1,000,000); (iii) the duration aggregate principal amount of the Interest Period applicable theretosuch borrowing which shall be in a minimum principal amount of $1,000,000 or a whole multiple of $1,000,000 in excess thereof, subject to the provisions of the definition of Interest Period; and and (iv) whether the Competitive Bid Borrowing quote requested Interest Periods with respect to each Eurodollar Competitive Bid Loan and each Fixed Rate Loan which Competitive Bid Interest Periods may not expire on a date later than the first Business Day prior to the Revolving Maturity Date; provided, that the Borrower may not request bids for more than three (each, a "COMPETITIVE BID QUOTE"3) are to set forth different durations of Competitive Bid Interest Periods in the same Competitive Bid Request. Promptly after its receipt of a Competitive Bid Margin or a Competitive Bid Absolute Rate. The Borrower may request offers Request that is not rejected as aforesaid, the Administrative Agent shall invite by facsimile (in the form set forth in Exhibit A-2 hereto) the Lenders to bid, on the terms and conditions of this Agreement, to make Competitive Bid Loans for more than one Interest Period in a single Competitive Bid Request. No more than two Competitive Bid Requests shall be given within five Business Days (or such other number of days as pursuant to the Borrower and the Administrative Agent may agree) of any other Competitive Bid Request.

Appears in 1 contract

Samples: Senior Unsecured Revolving Credit Agreement (Choice Hotels International Inc /De)

Competitive Bid Request. When To request Competitive Bids, the Borrower wishes shall deliver to request offers to make the Agent a duly completed Competitive Bid Loans under this SECTION 2.03, it shall transmit to the Administrative Agent by telephone call followed promptly by facsimile transmission (a "COMPETITIVE BID REQUEST") substantially Request in the form of EXHIBIT A-2 Exhibit C-1 hereto so as (a "Competitive Bid Request") to be received by the Administrative Agent at the Administrative Agent's Office (i) not later than 12:00 Noon on 11:00 a.m. (xCharlotte time) five (5) Business Days before a proposed borrowing of LIBOR Competitive Loans and (ii) not later than 11:00 a.m. (Charlotte time) two (2) Business Days before a proposed borrowing of Absolute Rate Loans; provided that the fourth Borrower shall not submit a Competitive Bid Request within five (5) Business Day before Days after the date of Borrowing proposed therein, any previous Competitive Bid Request. A Competitive Bid Request that does not conform substantially to the form of Exhibit C-1 may be rejected in the Agent's sole discretion, and the Agent shall promptly notify the Borrower of such rejection by telephone promptly confirmed by telecopy. Such request shall in each case of refer to this Agreement and specify (i) whether the borrowing then being requested is to be a LIBOR Auction Competitive Loan or an Absolute Rate Loan, (yii) the Business Day next preceding the date of Borrowing proposed therein, in the case of an Absolute Rate Auction, or, in any such 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 Request for the first LIBOR Auction or Absolute Rate Auction for which such change is to be effective. Each such Competitive Bid Request shall specify: borrowing (i) the proposed date of Borrowing, which shall be a Business Day; (ii) the aggregate amount of such Borrowing), which shall be $5,000,000 in aggregate principal amount (or any larger multiple of $1,000,000); (iii) the duration aggregate principal amount of such borrowing which shall be in a minimum principal amount of $10,000,000 or a whole multiple of $5,000,000 in excess thereof and (iv) the Interest Period applicable theretowith respect to each LIBOR Competitive Loan and each Absolute Rate Loan, subject which Interest Periods may not expire on a date later than the first (1st) Business Day prior to the provisions of Termination Date; provided that the definition Borrower may not request bids for more than three (3) different durations of Interest Period; and (iv) whether Periods in the same Competitive Bid Borrowing quote requested (each, a "COMPETITIVE BID QUOTE") are to set forth Request. Promptly after its receipt of a Competitive Bid Margin or a Competitive Bid Absolute Rate. The Borrower may request offers Request that is not rejected as aforesaid, the Agent shall invite by telecopier (in the form set forth in Exhibit C-2 hereto) the Lenders to bid, on the terms and conditions of this Agreement, to make Competitive Bid Loans for more than one Interest Period in a single Competitive Bid Request. No more than two Competitive Bid Requests shall be given within five Business Days (or such other number of days as pursuant to the Borrower and the Administrative Agent may agree) of any other Competitive Bid Request.

Appears in 1 contract

Samples: Credit Agreement (Quorum Health Group Inc)

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Competitive Bid Request. When In order to request Competitive Bids, the Borrower wishes to request offers to make Competitive Bid Loans under this SECTION 2.03, it shall transmit deliver to the Administrative Agent by telephone call followed promptly by facsimile transmission (a "COMPETITIVE BID REQUEST") substantially duly completed Competitive Bid Request in the form of EXHIBIT A-2 Exhibit C-1 hereto so as (a "Competitive Bid Request") to be received by the Administrative Agent at not later than 11:00 a.m. (Charlotte time) (i) five (5) Business Days before each proposed LIBOR Competitive Bid Loan and (ii) two (2) Business Days before each proposed Absolute Rate Loan; provided that, the Borrower may not submit more than three (3) Competitive Bid Requests during any period of ten (10) consecutive Business Days, and provided further, that the Borrower shall not submit more than three (3) Competitive Bid Requests in any one (1) calendar month. A Competitive Bid Request that does not conform substantially to the form of Exhibit C-1 hereto may be rejected in the Administrative Agent's Office not later than 12:00 Noon on (x) the fourth Business Day before the date of Borrowing proposed thereinsole discretion, in the case of a LIBOR Auction or (y) the Business Day next preceding the date of Borrowing proposed therein, in the case of an Absolute Rate Auction, or, in any such case, such other time or date as the Borrower and the Administrative Agent shall have mutually agreed promptly notify the Borrower of such rejection by telephone promptly confirmed by telecopy. Such request shall in each case refer to this Agreement and shall have notified specify (i) whether the borrowing then being requested is to the Lenders not later than be a LIBOR Competitive Bid Loan or an Absolute Rate Loan, (ii) the date of the Competitive Bid Request for the first LIBOR Auction or Absolute Rate Auction for which such change is to be effective. Each such Competitive Bid Request shall specify: borrowing (i) the proposed date of Borrowing, which shall be a Business Day; (ii) the aggregate amount of such Borrowing), which shall be $5,000,000 in aggregate principal amount (or any larger multiple of $1,000,000); (iii) the duration aggregate principal amount of the Interest Period applicable thereto, subject to the provisions such borrowing which shall be in a minimum principal amount of the definition $5,000,000 or a whole multiple of Interest Period; and $1,000,000 in excess thereof and (iv) whether the Competitive Bid Borrowing quote requested Interest Periods with respect to each LIBOR Competitive Bid Loan and each Absolute Rate Loan which Competitive Bid Interest Periods may not expire on a date later than the first Business Day prior to the Credit Facility Termination Date; provided, that the Borrower may not request bids for more than three (each, a "COMPETITIVE BID QUOTE"3) are to set forth different durations of Competitive Bid Interest Periods in the same Competitive Bid Request. Promptly after its receipt of a Competitive Bid Margin or Request that is not rejected as aforesaid, the Administrative Agent shall invite by telecopier the Lenders to bid in the form set forth in Exhibit C-2 hereto (a "Competitive Bid Absolute Rate. The Borrower may request offers Invitation"), on the terms and conditions of this agreement, to make Competitive Bid Loans for more than one Interest Period in a single Competitive Bid Request. No more than two Competitive Bid Requests shall be given within five Business Days (or such other number of days as pursuant to the Borrower and the Administrative Agent may agree) of any other Competitive Bid Request.

Appears in 1 contract

Samples: Credit Agreement (Checkpoint Systems Inc)

Competitive Bid Request. When the Borrower wishes Borrowers wish to request offers to make Competitive Bid Loans under this SECTION 2.03Section 2.4, it the Company, on behalf of the Borrowers, shall transmit to the Administrative Agent by telephone call followed promptly by facsimile or electronic mail transmission (a "COMPETITIVE BID REQUEST"“Competitive Bid Request”) substantially in the form of EXHIBIT A-2 Exhibit B-2 hereto so as to be received by the Administrative Agent at the Administrative Agent's ’s Office not later than 12:00 Noon on 11:00 a.m. (x) the fourth at least four (4) Business Day Days before the date of Borrowing borrowing proposed therein, in the case of a LIBOR Auction or (y) the one (1) Business Day next preceding prior to the date of Borrowing borrowing proposed therein, in the case of an Absolute Rate Auction, or, in any such case, such other time or date as the Borrower Borrowers and the Administrative Agent shall have mutually agreed and shall have notified to the Lenders not later than the date of the Competitive Bid Request for the first LIBOR Auction or Absolute Rate Auction for which such change is to be effective. Each such Competitive Bid Request shall specify: (i) the proposed date of Borrowingborrowing, which shall be a Business Day; (ii) the aggregate principal amount of such Borrowingborrowing, which shall be $5,000,000 in aggregate principal amount (3,000,000 or any larger a whole multiple of $1,000,000)1,000,000 in excess thereof or, if less, the aggregate amount of the unused Aggregate Commitment; (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 Borrowing quote Loan requested (each, a "COMPETITIVE BID QUOTE") are is to set forth be a Competitive Bid Margin LIBOR Loan or a Competitive Bid Absolute RateRate Loan. The Borrower Borrowers may request offers to make Competitive Bid Loans for more than one Interest Period in a single Competitive Bid Request. No more than two Competitive Bid Requests shall be given within five (5) Business Days (or such other number of days as the Borrower Borrowers and the Administrative Agent may agree) of any other Competitive Bid Request.

Appears in 1 contract

Samples: Credit Agreement (Family Dollar Stores Inc)

Competitive Bid Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this SECTION 2.03Section, it shall transmit to the Administrative Agent by telephone call followed promptly by facsimile transmission (a "COMPETITIVE BID REQUEST") Competitive Bid Request substantially in the form of EXHIBIT A-2 Exhibit C hereto so as to be received by the Administrative Agent at the Administrative Agent's Office not later than 12:00 Noon 11:00 A.M. (New York City time) on (x) the fourth fifth Euro-Dollar Business Day before prior to the date of Borrowing proposed therein, in the case of a LIBOR Auction or (y) the Domestic Business Day next preceding the date of Borrowing proposed therein, in the case of an Absolute Rate Auction, Auction (or, in any such 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 Banks not later than the date of the Competitive Bid Request for the first LIBOR Auction or Absolute Rate Auction for which such change is to be effective. Each such Competitive Bid Request shall specify) specifying: (i) the proposed date of Borrowing, which shall be a Euro-Dollar Business Day;Day in the case of a LIBOR Auction or a Domestic Business Day in the case of an Absolute Rate Auction, (ii) the aggregate amount of such Borrowing, which shall be $5,000,000 in aggregate principal amount (10,000,000 or any 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 Borrowing quote Bids requested (each, a "COMPETITIVE BID QUOTE") are to set forth a Competitive Bid Margin or a Competitive Bid Absolute Rate. The Borrower may request offers to make Competitive Bid Loans for more than one Interest Period in a single Competitive Bid Request. No more than two Competitive Bid Requests 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 Request.

Appears in 1 contract

Samples: Credit Agreement (Dean Foods Co)

Competitive Bid Request. When In order to request Competitive Bids, the Borrower wishes to request offers to make Competitive Bid Loans under this SECTION 2.03, it shall transmit deliver to the Administrative Agent by telephone call followed promptly by facsimile transmission (a "COMPETITIVE BID REQUEST") substantially duly completed Competitive Bid Request in the form of EXHIBIT A-2 Exhibit A-5 hereto so as (a “Competitive Bid Request”) to be received by the Administrative Agent at the Administrative Agent's Office not later than 12:00 Noon on p.m. (xi) five (5) Business Days before each proposed Eurodollar Competitive Bid Loan and (ii) two (2) Business Days before each proposed Fixed Rate Loan, provided that the fourth Borrower may not submit more than two (2) Competitive Bid Requests during any period of five (5) consecutive Business Day before Days. Notwithstanding the date foregoing, the Borrower may not submit more than six (6) Competitive Bid Requests during any calendar month. No Eurocurrency Loan, RFR Loan denominated in Sterling or ABR Loan shall be requested in, or made pursuant to, a Competitive Bid Request. A Competitive Bid Request that does not conform substantially to the form of Borrowing proposed therein, Exhibit A-5 may be rejected in the case of a LIBOR Auction or (y) the Business Day next preceding the date of Borrowing proposed thereinAdministrative Agent’s sole discretion, in the case of an Absolute Rate Auction, or, in any such case, such other time or date as the Borrower and the Administrative Agent shall have mutually agreed promptly notify the Borrower of such rejection by telephone promptly confirmed by telecopy. Such request shall in each case refer to this Agreement and shall have notified specify (i) whether the borrowing then being requested is to the Lenders not later than be a Eurodollar Competitive Bid Loan or a Fixed Rate Loan, (ii) the date of the Competitive Bid Request for the first LIBOR Auction or Absolute Rate Auction for which such change is to be effective. Each such Competitive Bid Request shall specify: borrowing (i) the proposed date of Borrowing, which shall be a Business Day; (ii) the aggregate amount of such Borrowing), which shall be $5,000,000 in aggregate principal amount (or any larger multiple of $1,000,000); (iii) the duration aggregate principal amount of the Interest Period applicable theretosuch borrowing which shall be in a minimum principal amount of $1,000,000 or a whole multiple of $1,000,000 in excess thereof, subject to the provisions of the definition of Interest Period; and and (iv) whether the Competitive Bid Borrowing quote requested Interest Periods with respect to each Eurodollar Competitive Bid Loan and each Fixed Rate Loan which Competitive Bid Interest Periods may not expire on a date later than the first Business Day prior to the Maturity Date, provided that the Borrower may not request bids for more than three (each, a "COMPETITIVE BID QUOTE"3) are to set forth different durations of Competitive Bid Interest Periods in the same Competitive Bid Request. Promptly after its receipt of a Competitive Bid Margin or a Competitive Bid Absolute Rate. The Borrower may request offers Request that is not rejected as aforesaid, the Administrative Agent shall invite by facsimile (in the form set forth in Exhibit A-6 hereto) the Lenders to bid, on the terms and conditions of this Agreement, to make Competitive Bid Loans for more than one Interest Period in a single Competitive Bid Request. No more than two Competitive Bid Requests shall be given within five Business Days (or such other number of days as pursuant to the Borrower and the Administrative Agent may agree) of any other Competitive Bid Request.

Appears in 1 contract

Samples: Senior Unsecured Credit Agreement (Choice Hotels International Inc /De)

Competitive Bid Request. When the Borrower wishes to request offers to make Competitive Bid Loans under this SECTION Section 2.03, it shall transmit to the Administrative Agent by telephone call followed promptly by facsimile transmission (a "COMPETITIVE BID REQUEST"“Competitive Bid Request”) substantially in the form of EXHIBIT Exhibit A-2 hereto so as to be received by the Administrative Agent at the Administrative Agent's ’s Office not later than 12:00 Noon on (x) the fourth Business Day before the date of Borrowing proposed therein, in the case of a LIBOR Auction or (y) the Business Day next preceding the date of Borrowing proposed therein, in the case of an Absolute Rate Auction, or, in any such 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 Request for the first LIBOR Auction or Absolute Rate Auction for which such change is to be effective. Each such Competitive Bid Request shall specify: (i) the proposed date of Borrowing, which shall be a Business Day; (ii) the aggregate amount of such Borrowing, which shall be $5,000,000 in aggregate principal amount (or 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 Borrowing quote requested (each, a "COMPETITIVE BID QUOTE"“Competitive Bid Quote”) are to set forth a Competitive Bid Margin or a Competitive Bid Absolute Rate. The Borrower may request offers to make Competitive Bid Loans for more than one Interest Period in a single Competitive Bid Request. No more than two Competitive Bid Requests 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 Request.

Appears in 1 contract

Samples: Revolving Credit Agreement (Worthington Industries Inc)

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