Common use of Date of Borrowing Clause in Contracts

Date of Borrowing. 4. We hereby offer to make Bid Rate Loan(s) in the following principal amounts, for the following Interest Periods and at the following rates: Principal Interest Bid Rate Amount** Period*** [(Indexed)****] [(General)*****] -------- --------- --------------- ---------------- $ $ provided, that the aggregate principal amount of Bid Rate Loans for which the above offers may be accepted shall not exceed $___________.] ------------------------ * As specified in the related Invitation. ** Principal amount bid for each Interest Period may not exceed principal amount requested. Specify aggregate limitation if the sum of the individual offers exceeds the amount the Bank is willing to lend. Bids must be made for $5,000,000 or a larger of multiple of $1,000,000. *** Not less than one month or less than 30 days, as specified in the related Invitation, but no bid may be submitted for an Interest Period extending beyond bidder's Commitment Termination Date. No more than five bids are permitted for each Interest Period. **** Margin over or under the London Interbank Offered Rate determined for the applicable Interest Period. Specify percentage (rounded to the nearest 1/10,000 of l%) and specify whether "PLUS" or "MINUS". ***** Specify rate of interest per annum (rounded to the nearest 1/10,000th of 1%). We understand and agree that the offer(s) set forth above, subject to the satisfaction of the applicable conditions set forth in the Three-Year Credit Agreement dated as of August 20, 2001 among the Borrower, the Banks listed on the signature pages thereof, Bank of America, N.A., as Syndication Agent, and yourselves, as Administrative Agent, irrevocably obligates us to make the Bid Rate Loan(s) for which any offer(s) are accepted, in whole or in part. Very truly yours, [NAME OF BANK] Dated: By: -------------------- ------------------------------------ Authorized Officer EXHIBIT E-1 OPINION OF GENERAL COUNSEL OF THE BORROWER August 20, 2001 To the Banks and the Administrative Agent Referred to Below c/o The Chase Manhattan Bank as Administrative Agent 000 Xxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Ladies and Gentlemen: I am the Deputy General Counsel of Duke Capital Corporation (the "Borrower") and have acted as its counsel in connection with the Three-Year Credit Agreement (the "Credit Agreement"), dated as of August 20, 2001, among the Borrower, the banks listed on the signature pages thereof, The Chase Manhattan Bank, as Administrative Agent, and Bank of America, N.A., as Syndication Agent. Capitalized terms defined in the Credit Agreement are used herein as therein defined. This opinion letter is being delivered pursuant to Section 3.01 (b) of the Credit Agreement. In such capacity, I or attorneys under my direct supervision have examined originals or copies, certified or otherwise identified to my satisfaction, of such documents, corporate records, certificates of public officials and other instruments and have conducted such other investigations of fact and law as I have deemed necessary or advisable for purposes of this opinion. Upon the basis of the foregoing, I am of the opinion that:

Date of Borrowing. 4. We hereby offer to make Bid Rate Money Market Loan(s) in the following principal amounts, for the following Interest Periods and at the following rates: Principal Interest Bid Rate Amount** Period*** [(Indexed)****] [(General)*****] -------- --------- --------------- ---------------- Money Market Amount/1/ Period/2/ Rate/3/ -------------------------------------------------------------------------------- $ $ provided[Provided, that the aggregate principal amount of Bid Rate Money Market Loans for which the above offers may be accepted shall not exceed $___________.] ------------------------ ]* As specified We understand and agree that the offer(s) set forth above, subject to the satisfaction of the applicable conditions set forth in the related InvitationCredit and Guaranty Agreement dated as of January 7, 1998 among the Borrower, [ARAMARK Uniform Services Group, Inc./ARAMARK Services, Inc.], ARAMARK Corporation, the Banks party thereto and The Chase Manhattan Bank and Xxxxxx Guaranty Trust Company of New York, as Agents (as amended from time to time, the "CREDIT AGREEMENT"), irrevocably obligates us to make the Money Market Loan(s) for which any offer(s) are accepted, in whole or in part. ** Terms used herein have the meanings assigned to them in the Credit Agreement. Very truly yours, [NAME OF BANK] Dated:_________________ By:__________________________ Authorized Officer --------------- /1/ Principal amount bid for each Interest Period may not exceed principal amount requested. Specify aggregate limitation if the sum of the individual offers exceeds the amount the Bank is willing to lend. Bids must be made for $5,000,000 or a larger of multiple of $1,000,000. *** /2/ Not less than one month or less 7 nor more than 30 270 days, as specified in the related Invitation, but no bid may be submitted for an Interest Period extending beyond bidder's Commitment Termination Date. No more than five bids are permitted for each Interest Period. **** Margin over or under the London Interbank Offered Rate determined for the applicable Interest Period. Specify percentage (rounded to the nearest 1/10,000 of l%) and specify whether "PLUS" or "MINUS". ***** Specify rate of interest per annum (rounded to the nearest 1/10,000th of 1%). We understand and agree that the offer(s) set forth above, subject to the satisfaction of the applicable conditions set forth in the Three-Year Credit Agreement dated as of August 20, 2001 among the Borrower, the Banks listed on the signature pages thereof, Bank of America, N.A., as Syndication Agent, and yourselves, as Administrative Agent, irrevocably obligates us to make the Bid Rate Loan(s) for which any offer(s) are accepted, in whole or in part. Very truly yours, [NAME OF BANK] Dated: By: -------------------- ------------------------------------ Authorized Officer EXHIBIT E-1 OPINION OF GENERAL COUNSEL OF THE BORROWER August 20, 2001 To the Banks and the Administrative Agent Referred to Below c/o The Chase Manhattan Bank as Administrative Agent 000 Xxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Ladies and Gentlemen: I am the Deputy General Counsel of Duke Capital Corporation (the "Borrower") and have acted as its counsel in connection with the Three-Year Credit Agreement (the "Credit Agreement"), dated as of August 20, 2001, among the Borrower, the banks listed on the signature pages thereof, The Chase Manhattan Bank, as Administrative Agent, and Bank of America, N.A., as Syndication Agent. Capitalized terms defined in the Credit Agreement are used herein as therein defined. This opinion letter is being delivered pursuant to Section 3.01 (b) of the Credit Agreement. In such capacity, I or attorneys under my direct supervision have examined originals or copies, certified or otherwise identified to my satisfaction, of such documents, corporate records, certificates of public officials and other instruments and have conducted such other investigations of fact and law as I have deemed necessary or advisable for purposes of this opinion. Upon the basis of the foregoing, I am of the opinion that:.

Date of Borrowing. 4. We hereby offer to make Bid Rate Loan(s) in the following principal amounts, for the following Interest Periods and at the following rates: Principal Interest Bid Rate Amount** Period*** [(Indexed)****] [(General)*****] -------- --------- --------------- ---------------- $ $ provided, that the aggregate principal amount of Bid Rate Loans for which the above offers may be accepted shall not exceed $___________.] ------------------------ ]** -------- *As specified in the related Invitation. ** *Principal amount bid for each Interest Period may not exceed principal amount requested. Specify aggregate limitation if the sum of the individual offers exceeds the amount the Bank is willing to lend. Bids must be made for $5,000,000 or a larger of multiple of $1,000,000. *** *Not less than one month or less than 30 days, as specified in the related Invitation, but no bid may be submitted for an Interest Period extending beyond bidder's Commitment Termination Date. No more than five bids are permitted for each Interest Period. **** *Margin over or under the London Interbank Offered Rate determined for the applicable Interest Period. Specify percentage (rounded to the nearest 1/10,000 of l%1%) and specify whether "PLUS" or "MINUS". ***** *Specify rate of interest per annum (rounded to the nearest 1/10,000th of 1%). provided, that the aggregate principal amount of Bid Rate Loans for which the above offers may be accepted shall not exceed $____________.]** We understand and agree that the offer(s) set forth above, subject to the satisfaction of the applicable conditions set forth in the ThreeFive-Year Credit Agreement dated as of August 2025, 2001 1997 among the Borrower, the Banks listed on the signature pages thereof, Bank of America, N.A., as Syndication Agent, thereof and yourselves, as Administrative Agent, irrevocably obligates us to make the Bid Rate Loan(s) for which any offer(s) are accepted, in whole or in part. Very truly yours, [NAME OF BANK] Dated: __________________________ By: -------------------- ------------------------------------ __________________________________ Authorized Officer EXHIBIT E-1 E OPINION OF GENERAL COUNSEL OF FOR THE BORROWER August 20, 2001 [Effective Date] To the Banks and the Administrative Agent Referred to Below c/o The Chase Manhattan Bank as Administrative Agent 000 Xxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Ladies and GentlemenDear Sirs: I am the Deputy General Counsel of We have acted as counsel for Duke Capital Corporation (the "BorrowerBORROWER") and have acted as its counsel in connection with the ThreeFive-Year Credit Agreement (the "Credit AgreementCREDIT AGREEMENT"), ) dated as of August 2025, 2001, 1997 among the Borrower, the banks listed on the signature pages thereof, thereof and The Chase Manhattan Bank, as Administrative Agent, and Bank of America, N.A., as Syndication Agent. Capitalized terms Terms defined in the Credit Agreement are used herein as therein defined. This opinion letter is being delivered pursuant to Section 3.01 (b) of the Credit Agreement. In such capacity, I or attorneys under my direct supervision We have examined originals or copies, certified or otherwise identified to my our satisfaction, of such documents, corporate records, certificates of public officials and other instruments and have conducted such other investigations of fact and law as I we have deemed necessary or advisable for purposes of this opinion. Upon the basis of the foregoing, I am we are of the opinion that:

Date of Borrowing. 4. We hereby offer to make Bid Rate Loan(s) in the following principal amounts, for the following Interest Periods and at the following rates: Principal Interest Bid Rate Amount** Period*** [(Indexed)****] [(General)*****] -------- --------- --------------- ---------------- $ $ provided, that the aggregate principal amount of Bid Rate Loans for which the above offers may be accepted shall not exceed $___________.] ------------------------ * -------- *As specified in the related Invitation. ** *Principal amount bid for each Interest Period may not exceed principal amount requested. Specify aggregate limitation if the sum of the individual offers exceeds the amount the Bank is willing to lend. Bids must be made for $5,000,000 or a larger of multiple of $1,000,000. *** *Not less than one month or less than 30 days, as specified in the related Invitation, but no bid may be submitted for an Interest Period extending beyond bidder's Commitment Termination Date. No more than five bids are permitted for each Interest Period. **** *Margin over or under the London Interbank Offered Rate determined for the applicable Interest Period. Specify percentage (rounded to the nearest 1/10,000 of l%1%) and specify whether "PLUS" or "MINUS". ***** *Specify rate of interest per annum (rounded to the nearest 1/10,000th of 1%). provided, that the aggregate principal amount of Bid Rate Loans for which the above offers may be accepted shall not exceed $____________.]** We understand and agree that the offer(s) set forth above, subject to the satisfaction of the applicable conditions set forth in the Three364-Year Day Credit Agreement dated as of August 2025, 2001 1997 among the Borrower, the Banks listed on the signature pages thereof, Bank of America, N.A., as Syndication Agent, thereof and yourselves, as Administrative Agent, irrevocably obligates us to make the Bid Rate Loan(s) for which any offer(s) are accepted, in whole or in part. Very truly yours, [NAME OF BANK] Dated: _________________________ By: -------------------- ------------------------------------ __________________________________ Authorized Officer EXHIBIT E-1 E OPINION OF GENERAL COUNSEL OF FOR THE BORROWER August 20, 2001 [Effective Date] To the Banks and the Administrative Agent Referred to Below c/o The Chase Manhattan Bank as Administrative Agent 000 Xxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Ladies and GentlemenDear Sirs: I am the Deputy General Counsel of We have acted as counsel for Duke Capital Corporation (the "BorrowerBORROWER") and have acted as its counsel in connection with the Three364-Year Day Credit Agreement (the "Credit AgreementCREDIT AGREEMENT"), ) dated as of August 2025, 2001, 1997 among the Borrower, the banks listed on the signature pages thereof, thereof and The Chase Manhattan Bank, as Administrative Agent, and Bank of America, N.A., as Syndication Agent. Capitalized terms Terms defined in the Credit Agreement are used herein as therein defined. This opinion letter is being delivered pursuant to Section 3.01 (b) of the Credit Agreement. In such capacity, I or attorneys under my direct supervision We have examined originals or copies, certified or otherwise identified to my our satisfaction, of such documents, corporate records, certificates of public officials and other instruments and have conducted such other investigations of fact and law as I we have deemed necessary or advisable for purposes of this opinion. Upon the basis of the foregoing, I am we are of the opinion that:

Date of Borrowing. 4. We hereby offer to make Competitive Bid Rate Loan(s) in the following principal amounts, for the following Interest Periods and at the following rates: Competitive Bid Absolute Principal Interest Bid Rate Amount** Interest Period*** [(Indexed)Margin**** Rate****] [(General)*****] -------- --------- --------------- ---------------- * $ $ provided, that the aggregate principal amount of Bid Rate Loans for which the above offers may be accepted shall not exceed $___________.] ------------------------ * As specified in the related Invitation. ** Principal amount bid for each Interest Period may not exceed principal amount requested. Specify aggregate limitation if the sum of the individual offers exceeds the amount the Bank Lender is willing to lend. Bids must be made for $5,000,000 or a larger of multiple of $1,000,000. *** Not less than one month (LIBOR Auction) or not less than 30 daysseven days (Absolute Rate Auction), as specified in the related Invitation, but no bid may be submitted for an Interest Period extending beyond bidder's Commitment Termination Date. No more than five bids are permitted for each Interest Period. **** Margin over or under the London Interbank Offered Rate determined for the applicable Interest Period. Specify percentage (rounded to the nearest 1/10,000 of l%1%) and specify whether "“PLUS" ” or "“MINUS"”. ***** Specify rate of interest per annum (rounded to the nearest 1/10,000th of 1%). [Provided, that the aggregate principal amount of Competitive Bid Loans for which the above offers may be accepted shall not exceed $ .]** We understand and agree that the offer(s) set forth above, subject to the satisfaction of the applicable conditions set forth in the Three-Year Second Amended and Restated Credit Agreement dated as of August 20October ___, 2001 2008 among the BorrowerXxxxxx Xxxxxxxx Materials, Inc., the Banks listed on the signature pages thereofLenders from time to time parties thereto, yourselves, as Administrative Agent and Bank of America, N.A., as Syndication AgentBranch Banking and Trust Company, Wachovia Bank, National Association and yourselvesXxxxx Fargo Bank, N.A., as Administrative Agent, Co-Syndication Agents irrevocably obligates us to make the Competitive Bid Rate Loan(s) for which any offer(s) are accepted, in whole or in part. Very truly yours, [NAME OF BANK] DatedBy: By: -------------------- ------------------------------------ Authorized Officer EXHIBIT E-1 OPINION OF GENERAL COUNSEL OF THE BORROWER August 20, 2001 To the Banks G — Assignment and the Administrative Agent Referred to Below c/o The Chase Manhattan Bank as Administrative Agent 000 Xxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Ladies and Gentlemen: I am the Deputy General Counsel of Duke Capital Corporation (the "Borrower") and have acted as its counsel in connection with the Three-Year Credit Assumption Agreement (the "Credit Agreement"), ASSIGNMENT AND ASSUMPTION AGREEMENT AGREEMENT dated as of August , 20___ among [ASSIGNOR] (the “Assignor”), 2001[ASSIGNEE] (the “Assignee”), among XXXXXX XXXXXXXX MATERIALS, INC. (the “Borrower”), the banks listed on the signature pages thereof, The Chase Manhattan Bank, as Administrative Agent, and Bank of AmericaJPMORGAN CHASE BANK, N.A., as Syndication Administrative Agent (the “Administrative Agent. Capitalized terms defined in the Credit Agreement are used herein ”) and [ISSUING LENDER(S)], as therein defined. This opinion letter is being delivered pursuant to Section 3.01 (b) of the Credit Agreement. In such capacity, I or attorneys under my direct supervision have examined originals or copies, certified or otherwise identified to my satisfaction, of such documents, corporate records, certificates of public officials and other instruments and have conducted such other investigations of fact and law as I have deemed necessary or advisable for purposes of this opinion. Upon the basis of the foregoing, I am of the opinion that:Issuing Lender(s).

Date of Borrowing. 4. We hereby offer to make Bid Rate Loan(s) in the following principal amounts, for the following Interest Periods and at the following rates: Principal Interest Bid Rate Principal Interest Bid Rate Amount** Period*** [(Indexed)****] [(General)]*****] -------- --------- --------------- ---------------- --------- -------------- ----------------- $ $ provided, that the aggregate principal amount of Bid Rate Loans for which the above offers may be accepted shall not exceed $___________.] ------------------------ * ----------------------------- *As specified in the related Invitation. ** *Principal amount bid for each Interest Period may not exceed principal amount requested. Specify aggregate limitation if the sum of the individual offers exceeds the amount the Bank is willing to lend. Bids must be made for $5,000,000 or a larger of multiple of $1,000,000. *** *Not less than one month or less than 30 days, as specified in the related Invitation, but no bid may be submitted for an Interest Period extending beyond bidder's Commitment Termination Date. No more than five bids are permitted for each Interest Period. **** *Margin over or under the London Interbank Offered Rate determined for the applicable Interest Period. Specify percentage (rounded to the nearest 1/10,000 of l%1%) and specify whether "PLUS" or "MINUS". ***** Specify *Specific rate of interest per annum (rounded to the nearest 1/10,000th of 1%). $ provided, that the aggregate principal amount of Bid Rate Loans for which the above offers may be accepted shall not exceed $_____________.]** We understand and agree that the offer(s) set forth above, subject to the satisfaction of the applicable conditions set forth in the Three-Year Credit Agreement dated as of August 2029, 2001 among the Borrower, the Banks listed on the signature pages thereof, Bank of America, N.A., as Syndication Agent, and yourselves, as Administrative Agent, irrevocably obligates us to make the Bid Rate Loan(s) for which any offer(s) are accepted, in whole or in part. Very truly yours, [NAME OF BANK] Dated: By: -------------------- ------------------------------------ ---------------------------- ---------------------------- Authorized Officer EXHIBIT E-1 OPINION OF GENERAL COUNSEL OF THE BORROWER August 2029, 2001 To the Banks and the Administrative Agent Referred to Below c/o The Chase Manhattan Bank as Administrative Agent 000 Xxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Ladies and Gentlemen: I am the Deputy General Counsel of Duke Capital Energy Corporation (the "Borrower") and have acted as its counsel in connection with the Three-Year Credit Agreement (the "Credit Agreement"), dated as of August 20, 200129,2001, among the Borrower, the banks listed on the signature pages thereof, The Chase Manhattan Bank, as Administrative Agent, and Bank of America, N.A., as Syndication Agent. Capitalized terms defined in the Credit Agreement are used herein as therein defined. This opinion letter is being delivered pursuant to Section 3.01 (b3.01(b) of the Credit Agreement. In such capacity, I or attorneys under my direct supervision have examined originals or copies, certified or otherwise identified to my satisfaction, of such documents, corporate records, certificates of public officials and other instruments and have conducted such other investigations of fact and law as I have deemed necessary or advisable for purposes of this opinion. Upon the basis of the foregoing, I am of the opinion that: