Common use of Competitive Bid Requests Clause in Contracts

Competitive Bid Requests. To request Competitive Bids, the Company shall deliver a written Competitive Bid Request to the Agent not later than 1:00 p.m., New York City time, on the date not less than one Business Day prior to the Borrowing Date of the proposed Competitive Bid Borrowing; provided that (i) the Company may not submit more than one Competitive Bid Request on the same day and (ii) in lieu of delivering the written Competitive Bid Request described above, the Company may give the Agent telephonic notice of any request for Competitive Bids by the time required under this clause (a), provided, further, that such telephonic notice shall be confirmed by delivery of a written Competitive Bid Request to the Agent by no later than 3:00 p.m., New York City time, on the date of such telephonic notice. Each such Competitive Bid Request shall specify the aggregate amount of the requested Competitive Bid Borrowing, the proposed Borrowing Date of such Competitive Bid Borrowing, which shall be a Business Day, the date of maturity of the Competitive Bid Loans that are requested to be made as part of such Competitive Bid Borrowing, which date shall be a Business Day occurring on or before the Termination Date, and the Company's account to which funds are to be disbursed. Promptly following receipt of a Competitive Bid Request in accordance with this SECTION, the Agent shall notify the Banks of the details thereof by facsimile, inviting the Banks to submit Competitive Bids.

Competitive Bid Requests. To request Competitive Bids, the Company shall deliver a written Competitive Bid Request to the Administrative Agent not later than 1:00 p.m., New York City time, on the date not less than one Business Day prior to the Borrowing Date of the proposed Competitive Bid Borrowing; provided that (i) the Company may not submit more than one Competitive Bid Request on the same day and (ii) in lieu of delivering the written Competitive Bid Request described above, the Company may give the Administrative Agent telephonic notice of any request for Competitive Bids by the time required under this clause (a), provided, further, provided that such telephonic notice shall be confirmed by delivery of a written Competitive Bid Request to the Administrative Agent by no later than 3:00 p.m., New York City time, on the date of such telephonic notice. Each such Competitive Bid Request shall specify the aggregate amount of the requested Competitive Bid Borrowing, the proposed Borrowing Date of such Competitive Bid Borrowing, which shall be a Business Day, the date of maturity of the Competitive Bid Loans that are requested to be made as part of such Competitive Bid Borrowing, which date shall be a Business Day occurring on or before the Termination Date, and the Company's account to which funds are to be disbursed. Promptly following receipt of a Competitive Bid Request in accordance with this SECTIONSection, the Administrative Agent shall notify the Banks Lenders of the details thereof by facsimile, inviting the Banks Lenders to submit Competitive Bids.

Competitive Bid Requests. To The Borrower may request Competitive Bids, the Company shall deliver Bids by delivering a written duly completed Competitive Bid Request to the Administrative Agent in writing (or by telephone, immediately confirmed in writing), not later than 1:00 p.m., New York City time, on the date not less than 12:00 noon (x) one (1) Business Day prior to the Borrowing Date proposed date of the proposed related Competitive Bid Fixed Rate Borrowing; provided that , or (iy) three (3) Business Days prior to the Company may not submit more than one proposed date of the related Competitive Bid Request on the same day and (ii) in lieu of delivering the written Competitive Bid Request described above, the Company may give the Agent telephonic notice of any request for Competitive Bids by the time required under this clause (a), provided, further, that such telephonic notice shall be confirmed by delivery of a written Competitive Bid Request to the Agent by no later than 3:00 p.m., New York City time, on the date of such telephonic noticeEurodollar Borrowing. Each such Competitive Bid Request shall specify the aggregate amount of the requested Competitive Bid Borrowing, (i) the proposed Borrowing Date date of such Competitive Bid Borrowing, Borrowing (which shall be a Business Day), (ii) the aggregate amount of such Borrowing (which shall be in a minimum principal amount of $5,000,000 or a larger multiple of $1,000,000) , (iii) if such Borrowing is a Eurodollar Borrowing, the date of maturity duration of the Interest Period or Interest Periods applicable thereto (subject to the provisions of the definition of Interest Period), and (iv) whether the Competitive Bids requested are to set forth a Competitive Bid Loans Margin or a Fixed Rate. A Competitive Bid Request which does not conform substantially to the form of Exhibit 2.6-A may be rejected by the ------------- Administrative Agent in its sole discretion, and the Administrative Agent shall promptly notify the Borrower of such rejection by telecopy. The Borrower may request Competitive Bids for up to three (3) different Interest Periods in each Competitive Bid Request; provided, that are requested the request for each separate Interest -------- Period shall be deemed to be made as part of such a separate Competitive Bid Request for a separate Competitive Bid Borrowing, which date . No Competitive Bid Request shall be a given within five (5) Business Day occurring on Days of any other Competitive Bid Request, unless any and all such previous Competitive Bid Requests shall have been withdrawn or before the Termination Date, and the Company's account to which funds are to be disbursedall Competitive Bids received in response thereto rejected. Promptly following after its receipt of a Competitive Bid Request in accordance with this SECTIONwhich is not rejected as aforesaid, the Administrative Agent shall promptly notify the Banks of each Lender the details thereof by facsimiletelecopy, inviting the Banks Lenders to submit Competitive Bids., in a notice substantially similar to the form of Exhibit 2.6-B. -------------

Competitive Bid Requests. To request The Borrower may solicit Competitive Bids, the Company shall deliver Bids by delivery of a written Competitive Bid Request to the Administrative Agent not later than 1:00 p.m., New York City time, by 10:00 a.m. on the date a Business Day not less than one nor more than five Business Day Days prior to the Borrowing Date date of the proposed requested Competitive Bid Borrowing; provided that (i) the Company may not submit more than one Loan. A Competitive Bid Request on must be substantially in the same day form of Exhibit 2.1(b) and shall specify (iiA) in lieu of delivering the written Competitive Bid Request described above, the Company may give the Agent telephonic notice of any request for Competitive Bids by the time required under this clause (a), provided, further, that such telephonic notice shall be confirmed by delivery of a written Competitive Bid Request to the Agent by no later than 3:00 p.m., New York City time, on the date of such telephonic notice. Each such the requested Competitive Bid Request Loan (which shall specify be a Business Day), (B) the aggregate amount of the requested Competitive Bid BorrowingLoan, (C) the proposed Borrowing applicable Interest Period or Interest Periods requested, (D) the maturity date (the “Competitive Bid Maturity Date”) for repayment of the requested Competitive Bid Loan (which Competitive Bid Maturity Date of may not be earlier than the date occurring seven days after the date on which such requested Competitive Bid Loan is to be made and no later than 180 days after the date on which such requested Competitive Bid Loan is to be made; provided, however, that such Competitive Bid Borrowing, which Maturity Date shall be a Business Day, no later than the date of maturity of Maturity Date) and (E) other terms (if any) and must be accompanied by the Competitive Bid Loans that are requested to be made as part Fee. The Administrative Agent shall notify the Lenders of such Competitive Bid Borrowing, which date shall be a Business Day occurring on or before the Termination Date, and the Company's account to which funds are to be disbursed. Promptly following its receipt of a Competitive Bid Request in accordance with this SECTION, and the Agent shall notify contents thereof and invite the Banks of the details thereof by facsimile, inviting the Banks Lenders to submit Competitive BidsBids in response thereto. The Borrower may not request a Competitive Bid for more than three different Interest Periods per Competitive Bid Request and Competitive Bid Requests may be made no more frequently than four times every calendar month.