Form of Competitive Sample Clauses

Form of Competitive. Bid Note Exhibit B-1.......- Form of Notice of Revolving Credit Borrowing
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Form of Competitive. Bid provided that the Company may not accept offers that would result in the undersigned making Competitive Loans pursuant hereto in excess of $[ ] in the aggregate (the “Competitive Loan Limit”). Please notify, as provided in Section 2.03(d) of the Credit Agreement, the Company of this Competitive Bid. We understand and agree that the offer(s) set forth above, subject to the satisfaction of the applicable conditions set forth in the Credit Agreement, irrevocably obligate(s) us to make the Competitive Loan(s) for which any offer(s) [is] [are] accepted, in whole or in part (subject to the third sentence of Section 2.03(e) of the Credit Agreement and any Competitive Loan Limit specified above). Very truly yours, [NAME OF LENDER] By Name: Title: Form of Competitive Bid EXHIBIT E-1 [Form of Designation Letter] [Date] To JPMorgan Chase Bank, N.A., as Administrative Agent Loan and Agency Services Group 0000 Xxxxxx Xxxxxx, 10th Floor Houston, Texas 77002-8069 Attention: [ ] Ladies and Gentlemen: We make reference to the Credit Agreement (as amended, supplemented and otherwise modified and in effect from time to time, the “Credit Agreement”), dated as of November 14, 2005 among Xxxxxx Rubbermaid Inc. (the “Company”), the lenders party thereto (the “Lenders”) and JPMorgan Chase Bank, N.A., as Administrative Agent (in such capacity, the “Administrative Agent”). Terms defined in the Credit Agreement are used herein as defined therein. The Company hereby designates [ ] (the “Designated Borrower”), a Wholly-Owned Subsidiary of the Company and a corporation duly incorporated under the laws of [State/Country], as a Borrower in accordance with Section 2.05 of the Credit Agreement until such designation is terminated in accordance with said Section 2.05, entitled to borrow Competitive Loans. The Designated Borrower hereby accepts the above designation and hereby expressly and unconditionally accepts the obligations of a Borrower under the Credit Agreement, adheres to the Credit Agreement and agrees and confirms that, upon your execution and return to the Company of the enclosed copy of this letter, it shall be a Borrower for purposes of the Credit Agreement and agrees to be bound by and to perform and comply with the terms and provisions of the Credit Agreement applicable to it as if it had originally executed the Credit Agreement. The Designated Borrower hereby authorizes and empowers the Company to act as its representative and attorney-in-fact for the purposes of signin...
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Form of Competitive. Bid Request ------------------------------- EXHIBIT D [FORM OF COMPETITIVE BID] Competitive Bid [______________, 20__] The Chase Manhattan Bank, as Administrative Agent Loan and Agency Services Group 1 Chase Manhattan Plaza 8th Floor New York, New York 10081 Axxxxxxxx: Xxxxxx xxx Xxxxxxxxx: Xxxxxxxce is made to the 364-Day Credit Agreement dated as of October 23, 2000 (as amended, supplemented and otherwise modified and in effect from time to time, the "Credit Agreement"), among Newell Rubbermaid Inc., a Delaware corporation, the Lenders xxxxx thereto and The Chase Manhattan Bank, as Administrative Agent. Terms used but not defined herein have the respective meanings given to such terms under the Credit Agreement. This Competitive Bid is being delivered to the Administrative Agent pursuant to Section 2.03(c) of the Credit Agreement. In response to the Competitive Bid Request of the Company dated [_______, 200_], the undersigned hereby submits, as provided in Section 2.03(c) of the Credit Agreement, Competitive Bid(s) for the proposed Competitive Borrowing(s) described below: Borrowing Interest Borrower Date Currency Amount* Type** Period*** Rate**** -------- -------- -------- ------- ------ --------- -------- __________________ * Each amount must be per Section 2.03(c)(ii) or an integral multiple of $1,000,000 or the Foreign Currency Equivalent thereof. ** Insert either "Margin" (in the case of Competitive LIBOR Loans) or "Rate" (in the case of Set Rate Loans). *** 1, 2, 3 or 6 months (in the case of a Competitive LIBOR Loan) or a period of up to 180 days after the making of the Loan the last day of which is a Business Day (in the case of a Set Rate Loan). Form of Competitive Bid -----------------------
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Form of Competitive. Bid ----------------------- EXHIBIT E-1 [FORM OF DESIGNATION LETTER] [Date] To The Chase Manhattan Bank, as Administrative Agent Loan and Agency Services Group 1 Chase Manhattan Plaza 8th Floor New York, New York 10081 Axxxxxxxx:
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Form of Competitive. Bid Request Schedule 2.3(b)-2..........
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Form of Competitive. Bid Accept/Reject Letter Schedule 2.3(i)............ Form of Competitive Note Schedule 3.2...............
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Form of Competitive. Bid Quote To: AutoNation, Inc. (the “Borrower”) [or JPMorgan Chase Bank, N.A., as Administrative Agent] Attention: [__________] Re: Competitive Bid Quote This Competitive Bid Quote is given in accordance with Section 2.5 of the Third Amended and Restated Credit Agreement dated as of March 26, 2020 (as amended, supplemented or otherwise modified and in effect from time to time, the “Credit Agreement”) by and among AutoNation, Inc., the lenders named therein and JPMorgan Chase Bank, N.A., as administrative agent. Terms defined in the Credit Agreement are used herein as defined therein. In response to the Borrower’s invitation dated ______________, ____, we hereby make the following Competitive Bid Quote(s) on the following terms:
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Related to Form of Competitive

  • Indirect Competition Employee further agrees that, during the Term and the Non-Compete Period, he will not, directly or indirectly, assist or encourage any other person in carrying out, direct or indirectly, any activity that would be prohibited by the above provisions of this Section 6 if such activity were carried out by Employee, either directly or indirectly; and in particular Employee agrees that he will not, directly or indirectly, induce any employee of the Company to carry out, directly or indirectly, any such activity.

  • Competitive Activities For purposes of the Agreement, to which this Exhibit B is attached, “Competitive Activities” means any activities relating to products or services of the same or similar type as the products or services (1) which were or are sold (or, pursuant to an existing business plan, will be sold) to paying customers of the Company or any Related Company, and (2) for which you have any direct or indirect responsibility or any involvement to plan, develop, manage, market, sell, oversee, support, implement or perform, or had any such responsibility or involvement within your most recent 24 months of employment with the Company or any Related Company. Notwithstanding the previous sentence, an activity shall not be treated as a Competitive Activity if the geographic marketing area of such same or similar products or services does not overlap with the geographic marketing area for the applicable products and services of the Company or any Related Company.

  • Non Competition Non Solicitation and Confidentiality The Company and Executive acknowledge and agree that while Executive is employed pursuant to this Agreement, the Company will give Executive access to Confidential Information of the Company and its Affiliates to which Executive did not have access prior to signing this Agreement and which Executive may need and use during such employment, the receipt of which is hereby acknowledged by Executive; Executive will be provided under this Agreement (i) specialized training on how to perform his duties and (ii) contact with the Company’s and its Affiliates’ customers and potential customers. In consideration of all of the foregoing, the Company and Executive agree as follows:

  • Proprietary Notices Employee shall not, and shall not permit any other person to, remove any proprietary or other legends or restrictive notices contained in or included in any Confidential Information.

  • Non-Solicitation; Non-Competition (a) Executive agrees that, during the Term and until nine (9) months after the termination of his employment, Executive will not, directly or indirectly, including on behalf of any person, firm or other entity, employ or actively solicit for employment any employee of the Company or any of its Affiliated Entities, or anyone who was an employee of the Company or any of its Affiliated Entities within the nine (9) months prior to the termination of Executive’s employment, or induce any such employee to terminate his or his employment with the Company or any of its Affiliated Entities.

  • Confidentiality Non Competition Non Solicitation A. The Executive acknowledges that:

  • Solicitation of Customers During the periods in which the provisions of Section 8(a) shall be in effect, the Executive, directly or indirectly, will not seek nor accept Prohibited Business from any Customer (as defined below) on behalf of any enterprise or business other than the Company, refer Prohibited Business from any Customer to any enterprise or business other than the Company or receive commissions based on sales or otherwise relating to the Prohibited Business from any Customer, or any enterprise or business other than the Company. For purposes of this Agreement, the term “Customer” means any person, firm, corporation, partnership, limited liability company, association or other entity to which the Company or any of its affiliates sold or provided goods or services during the 24-month period prior to the time at which any determination is required to be made as to whether any such person, firm, corporation, partnership, limited liability company, association or other entity is a Customer, or who or which was approached by or who or which has approached an employee of the Company for the purpose of soliciting business from the Company or the third party, as the case may be. Provided, however, the goods or services must be competitive in some respect to the Company’s business during such time.

  • Confidentiality, Non-Solicitation and Non-Competition The Executive agrees that:

  • Protection of Confidential Information; Non-Competition 5.1 In view of the fact that the Executive's work for the Company will bring the Executive into close contact with many confidential affairs of the Company not readily available to the public, and plans for future developments, the Executive agrees:

  • Antisolicitation The Executive promises and agrees that, during the period of his employment by the Company and for a period of one year thereafter, he will not influence or attempt to influence customers of the Company or any of its present or future subsidiaries or affiliates, either directly or indirectly, to divert their business to any individual, partnership, firm, corporation or other entity then in competition with the business of the Company, or any subsidiary or affiliate of the Company.

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