Common use of Money Market Borrowings Clause in Contracts

Money Market Borrowings. (a) The Borrower may, as set forth in this Section, whenever at the time of the request therefor the Borrower has received an Acceptable Credit Rating, request the Lenders prior to the Maturity Date to make offers to make Money Market Loans to the Borrower, not to exceed, at such time, the lesser of (i) the difference between the Commitment and the aggregate Revolving Credit Exposures, and (ii) fifty percent (50%) of the Commitment. The Lenders may, but shall have no obligation to, make such offers and the Borrower may, but shall have no obligation to, accept any such offers in the manner set forth in this Section. The Borrower shall pay the Agent a fee of $2,000.00 for each Money Market Quote Request provided below, payable monthly based on the requests for the previous month. (b) When the Borrower wishes to request offers to make Money Market Loans under this Section, it shall transmit to the Agent (in care of Xx. Xxxxxxxx X. Castillo, Loan and Agency Services, 0000 Xxxxxx, Houston, Texas 77002, Facsimile No. 000-000-0000, telephone number 000-000-0000) by facsimile transmission a Money Market Quote Request (“Money Market Quote Request”) substantially in the form of Exhibit E hereto so as to be received no later than 12:00 noon, New York, New York time on (i) the fourth Eurodollar Business Day prior to the date of borrowing proposed therein, in the case of a LIBOR Auction or (ii) the Business Day next preceding the date of borrowing proposed therein, in the case of 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 Money Market Quote Request for the first LIBOR Auction or Absolute Rate Auction for which such change is to be effective) specifying:

Appears in 2 contracts

Samples: Credit Agreement (Archstone Smith Operating Trust), Credit Agreement (Archstone Smith Trust)

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Money Market Borrowings. (a) The Borrower may, as set forth in this Section, whenever at the time of the request therefor the Borrower has received an Acceptable Credit Rating, request the Lenders prior to the Maturity Date to make offers to make Money Market Loans to the Borrower, not to exceed, at such time, the lesser of (i) the difference between the Commitment and the aggregate Revolving Credit Exposures, and (ii) fifty percent (50%) of the Commitment. The Lenders may, but shall have no obligation to, make such offers and the Borrower may, but shall have no obligation to, accept any such offers in the manner set forth in this Section. The Borrower shall pay the Agent a fee of $2,000.00 for each Money Market Quote Request provided below, payable monthly based on the requests for the previous month. (b) When the Borrower wishes to request offers to make Money Market Loans under this Section, it shall transmit to the Agent (in care of XxMx. Xxxxxxxx X. Castillo, Loan and Agency Services, 0000 1000 Xxxxxx, HoustonXxxxxxx, Texas 77002, Facsimile No. 000700-000-0000, telephone number 000700-000-0000) by facsimile transmission a Money Market Quote Request (“Money Market Quote Request”) substantially in the form of Exhibit E hereto so as to be received no later than 12:00 noon, New York, New York time on (i) the fourth Eurodollar Business Day prior to the date of borrowing proposed therein, in the case of a LIBOR Auction or (ii) the Business Day next preceding the date of borrowing proposed therein, in the case of 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 Money Market Quote Request for the first LIBOR Auction or Absolute Rate Auction for which such change is to be effective) specifying:

Appears in 1 contract

Samples: Credit Agreement (Archstone Smith Operating Trust)

Money Market Borrowings. (a) The In addition to Syndicated Borrowings pursuant to Section 2.01, each Borrower may, as set forth in this Section, whenever at request the time of the request therefor Banks (or, if the Borrower has received an Acceptable requested Money Market Quotes only from Qualifying Banks pursuant to subsection (b)(iii) of this Section, the Qualifying Banks) during the Revolving Credit Rating, request the Lenders prior to the Maturity Date Period to make offers to make Money Market Loans to the such Borrower, not to exceed, at such time, the lesser of (i) the difference between the Commitment and the aggregate Revolving Credit Exposures, and (ii) fifty percent (50%) of the Commitment. The Lenders Banks may, but shall have no obligation to, make such offers and the Borrower may, but shall have no obligation to, accept any such offers in the manner set forth in this Section. The Borrower shall pay the Agent a fee of $2,000.00 for each Money Market Quote Request provided below, payable monthly based on the requests for the previous month. (b) When the a Borrower wishes to request offers to make Money Market Loans under this Section, it shall transmit to the Agent (in care of Xx. Xxxxxxxx X. Castillo, Loan and Agency Services, 0000 Xxxxxx, Houston, Texas 77002, Facsimile No. 000-000-0000, telephone number 000-000-0000) by telex or facsimile transmission a Money Market Quote Request (“Money Market Quote Request”) substantially in the form of Exhibit E B hereto so as to be received no later than 12:00 noon(x) 10:00 a.m., New YorkLondon time, New York time on (i) the fourth Eurodollar fifth Euro-Currency Business Day prior to the date of borrowing Borrowing proposed therein, in the case of a LIBOR Auction or in a Designated Currency other than Dollars, (iiy) 11:00 a.m., New York City time, on the fourth Euro-Currency Business Day next preceding prior to the date of borrowing Borrowing proposed therein, in the case of a LIBOR Auction in Dollars or (z) 11:00 a.m., New York City time, on the next Domestic Business Day before the date of Borrowing proposed therein, in the case of an Absolute Rate Auction (or, in either any such case, such other time or and date as the such Borrower and the Agent shall have mutually agreed and shall have notified to the Lenders Banks not later than the date of the Money Market Quote Request for the first LIBOR Auction or Absolute Rate Auction for which such change is to be effective) ), specifying: (i) the proposed date of Borrowing, which shall be a Euro-Currency Business Day in the case of a LIBOR Auction or a Domestic Business Day in the case of an Absolute Rate Auction; (ii) the proposed currency of such Borrowing, which shall be a Designated Currency in the case of a LIBOR Auction or Dollars in the case of an Absolute Rate Auction; provided that after giving effect to such Borrowing, the outstanding Loans shall be denominated in not more than six Designated Currencies (including Dollars); (iii) if the Borrower is a Foreign Subsidiary Borrower and will realize a tax benefit (or avoid a tax or reimbursement liability) with respect to Loans made by Qualifying Banks but not with respect to Loans made by other Banks, whether the Money Market Quotes are being requested from all of the Banks or only from Qualifying Banks, (iv) the aggregate amount of such Borrowing, which shall be at least $50,000,000 (or the Approximate Equivalent Amount thereof) or a larger multiple of $5,000,000 (or the Approximate Equivalent Amount thereof); provided that the Dollar Amount of such Borrowing shall not be more than the then aggregate amount of the Commitments and, in any period of five consecutive Domestic Business Days, the aggregate Dollar Amount of all Syndicated Borrowings and all Money Market Borrowings in Canadian dollars and French francs as of the respective dates of Borrowing shall not exceed $300,000,000 in each such currency; (v) the duration of the Interest Period applicable thereto, subject to the provisions of the definition of Interest Period; and (vi) whether the Money Market Quotes requested are to set forth a Money Market Margin or a Money Market Absolute Rate. Such Borrower may request offers to make Money Market Loans for more than one Interest Period but not more than one currency in a single Money Market Quote Request. No Money Market Quote Request shall be given within five Euro-Currency Business Days (or such other number of days as the Borrower and the Agent may agree) of any other Money Market Quote Request. (c) Promptly upon receipt of a Money Market Quote Request, the Agent shall send to the Banks (or, if the Borrower has requested Money Market Quotes only from Qualifying Banks pursuant to subsection (b)(iii) of this Section, to the Qualifying Banks) by telex or facsimile transmission an Invitation for Money Market Quotes substantially in the form of Exhibit C hereto, which shall constitute an invitation by such Borrower to each Bank to submit Money Market Quotes offering to make the Money Market Loans to which such Money Market Quote Request relates in accordance with this Section.

Appears in 1 contract

Samples: Credit Agreement (Atlantic Richfield Co /De)

Money Market Borrowings. (a) The Borrower may, as set forth in this Section, whenever at the time of the request therefor the Borrower has received an Acceptable Credit Rating, Rating request the Lenders prior to the Maturity Revolving Credit Termination Date to make offers to make Money Market Loans to the Borrower, not to exceed, at such time, the lesser of (i) the difference between unused portion of the Commitment and the aggregate Revolving Credit Exposures, and (ii) fifty percent (50%) of the Commitment$375,000,000. The Lenders may, but shall have no obligation to, make such offers and the Borrower may, but shall have no obligation to, accept any such offers in the manner set forth in this Section. The Borrower shall pay the Agent a fee of $2,000.00 2,500.00 for each Money Market Quote Request provided below, payable monthly based on the requests for the previous month. (b) When the Borrower wishes to request offers to make Money Market Loans under this Section, it shall transmit to the Agent (in care of Xx. Xxxxxxxx X. CastilloXxxxx Xxxxxxxx, Loan and Agency Services, 0000 XxxxxxXxx Xxxxx Xxxxx, Houston0xx Xxxxx, Texas 77002Xxx Xxxx, Xxx Xxxx 00000, Facsimile No. 000-000-0000, telephone number 000-000-0000) by facsimile transmission a Money Market Quote Request ("Money Market Quote Request") substantially in the form of Exhibit E hereto so as to be received no later than 12:00 noon, New York, New York time on (i) the fourth Eurodollar Business Day prior to the date of borrowing proposed therein, in the case of a LIBOR Auction or (ii) the Business Day next preceding the date of borrowing proposed therein, in the case of 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 Money Market Quote Request for the first LIBOR Auction or Absolute Rate Auction for which such change is to be effective) specifying:

Appears in 1 contract

Samples: Credit Agreement (Archstone Communities Trust/)

Money Market Borrowings. (a) The In addition to Syndicated ----------------------- Borrowings pursuant to Section 2.01, the Borrower may, as set forth in this Section, whenever at the time of the request therefor the Borrower has received an Acceptable Credit Rating, request the Lenders Banks at any time prior to the Maturity Termination Date (but not during any period when the Borrower's senior unsecured long-term public debt is rated either below Baa3 by Xxxxx'x Investor Service, Inc. (or its successor) or below BBB- by Standard & Poor's Corporation (or its successor)) to make offers to make Money Market Loans to the Borrower, not to exceed, at such time, the lesser of (i) the difference between the Commitment and the aggregate Revolving Credit Exposures, and (ii) fifty percent (50%) of the Commitment. The Lenders Banks may, but shall have no obligation to, make such offers and the Borrower may, but shall have no obligation to, accept any such offers in the manner set forth in this Section. The Borrower shall pay the Agent a fee of $2,000.00 for each Money Market Quote Request provided below, payable monthly based on the requests for the previous month. (b) When the Borrower wishes to request offers to make Money Market Loans under this Section, it shall transmit to the Agent (in care of Xx. Xxxxxxxx X. Castillo, Loan and Agency Services, 0000 Xxxxxx, Houston, Texas 77002, Facsimile No. 000-000-0000, telephone number 000-000-0000) by telex or facsimile transmission a Money Market Quote Request (“Money Market Quote Request”) substantially in the form of Exhibit E B hereto so as to be received no later than 12:00 noon(x) 3:00 p.m., New YorkLondon time, New York time on (i) the fourth Eurodollar fifth Euro-Currency Business Day prior to the date of borrowing Borrowing proposed therein, in the case of a LIBOR Auction in a Designated Currency other than Dollars, (y) 10:00 a.m., Chicago time, on the fifth Euro-Currency Business Day prior to the date of Borrowing proposed therein, in the case of a LIBOR Auction in Dollars or (iiz) 9:00 a.m., Chicago time, on the Domestic Business Day next preceding the date of borrowing Borrowing proposed therein, in the case of an Absolute Rate Auction (or, in either any such case, such other time or and date as the Borrower and the Agent shall have mutually agreed and shall have notified to the Lenders Banks of not later than the date of the Money Market Quote Request for the first LIBOR Auction or Absolute Rate Auction for which such change is to be effective) ), specifying: (i) the proposed date of Borrowing, which shall be a Euro-Currency Business Day in the case of a LIBOR Auction or a Domestic Business Day in the case of an Absolute Rate Auction; (ii) the proposed currency of such Borrowing, which shall be a Designated Currency in the case of a LIBOR Auction or Dollars in the case of an Absolute Rate Auction; (iii) the aggregate amount of such Borrowing, which shall be at least $10,000,000 (or the Approximate Equivalent Amount thereof) or a larger multiple of $1,000,000 (or the Approximate Equivalent Amount thereof); provided that upon giving effect to such Borrowing, the then aggregate -------- outstanding principal Dollar Amount of all Syndicated Loans and all Money Market Loans shall not exceed the aggregate amount of the Commitments then in effect; (iv) the duration of the Interest Period applicable thereto, subject to the provisions of the definition of Interest Period; and (v) whether the Money Market Quotes requested are to set forth a Money Market Margin or a Money Market Rate. The Borrower may request offers to make Money Market Loans for more than one Interest Period but not more than one currency in a single Money Market Quote Request. No Money Market Quote Request shall be given within five Euro-Currency Business Days (or such other number of days as the Borrower and the Agent may agree) of any other Money Market Quote Request (under and as defined in either this Agreement or the Other Agreement). (c) Promptly upon receipt of a Money Market Quote Request, the Agent shall send to the Banks by telex or facsimile transmission an Invitation for Money Market Quotes substantially in the form of Exhibit C hereto, which shall constitute an invitation by the Borrower to each Bank to submit Money Market Quotes offering to make the Money Market Loans to which such Money Market Quote Request relates in accordance with this Section. (d) (i) Each Bank may submit a Money Market Quote containing an offer or offers to make Money Market Loans in response to any Invitation for Money Market Quotes. Each Money Market Quote must comply with the requirements of this subsection and must be submitted to the Agent by telex or facsimile transmission at its offices specified in or pursuant to Section 9.01 not later than (x) 3:00 p.m., London time, on the fourth Euro-Currency Business Day prior to the proposed date of Borrowing, in the case of a LIBOR Auction in a Designated Currency other than Dollars, (y) 1:00 p.m., Chicago time, on the fourth Euro-Currency Business Day prior to the proposed date of Borrowing, in the case of a LIBOR Auction in Dollars, or (z) 9:00 a.m., Chicago time, on the proposed date of Borrowing, in the case of an Absolute Rate Auction (or, in any such case, such other time and date as the Borrower and the Agent shall have mutually agreed and shall have notified the Banks of not later than the date of the Money Market Quote Request for the first LIBOR Auction or Absolute Rate Auction for which such change is to be effective); provided that Money Market Quotes -------- submitted by the Agent (or any Affiliate of the Agent) in the capacity of a Bank may be submitted, and may only be submitted, if the Agent or such affiliate notifies the Borrower of the terms of the offer or offers contained therein not later than (A) 2:00 p.m., London time, on the fourth Euro-Currency Business Day prior to the proposed date of Borrowing, in the case of a LIBOR Auction in a Designated Currency other than Dollars, (B) noon, Chicago time, on the fourth Euro-Currency Business Day prior to the proposed date of Borrowing, in the case of a LIBOR Auction in Dollars, or (C) 8:45 a.m., Chicago time, on the proposed date of Borrowing, in the case of an Absolute Rate Auction. Subject to Articles III and VI, any Money Market Quote so made shall be irrevocable except with the written consent of the Agent given on the instructions of the Borrower.

Appears in 1 contract

Samples: Credit Agreement (Arco Chemical Co)

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Money Market Borrowings. (a) The In addition to Syndicated Borrowings pursuant to Section 2.01 each Borrower may, as set forth in this Section, whenever at request the time of the request therefor Banks (or, if the Borrower has received an Acceptable requested Money Market Quotes only from Qualifying Banks pursuant to subsection (b)(iii) of this Section, the Qualifying Banks) during the Revolving Credit Rating, request the Lenders prior to the Maturity Date Period to make offers to make Money Market Loans to the such Borrower, not to exceed, at such time, the lesser of (i) the difference between the Commitment and the aggregate Revolving Credit Exposures, and (ii) fifty percent (50%) of the Commitment. The Lenders Banks may, but shall have no obligation to, make such offers and the Borrower may, but shall have no obligation to, accept any such offers in the manner set forth in this Section. The Borrower shall pay the Agent a fee of $2,000.00 for each Money Market Quote Request provided below, payable monthly based on the requests for the previous month. (b) When the a Borrower wishes to request offers to make Money Market Loans under this Section, it shall transmit to the Agent (in care of Xx. Xxxxxxxx X. Castillo, Loan and Agency Services, 0000 Xxxxxx, Houston, Texas 77002, Facsimile No. 000-000-0000, telephone number 000-000-0000) by telex or facsimile transmission a Money Market Quote Request (“Money Market Quote Request”) substantially in the form of Exhibit E B hereto so as to be received no later than 12:00 noon(x) 10:00 a.m., New YorkLondon time, New York time on (i) the fourth Eurodollar fifth Euro-Currency Business Day prior to the date of borrowing Borrowing proposed therein, in the case of a LIBOR Auction or in a Designated Currency other than Dollars, (iiy) 11:00 a.m., New York City time, on the fourth Euro-Currency Business Day next preceding prior to the date of borrowing Borrowing proposed therein, in the case of a LIBOR Auction in Dollars or (z) 11:00 a.m., New York City time, on the next Domestic Business Day before the date of Borrowing proposed therein, in the case of an Absolute Rate Auction (or, in either any such case, such other time or and date as the such Borrower and the Agent shall have mutually agreed and shall have notified to the Lenders Banks not later than the date of the Money Market Quote Request for the first LIBOR Auction or Absolute Rate Auction for which such change is to be effective) ), specifying: (i) the proposed date of Borrowing, which shall be a Euro-Currency Business Day in the case of a LIBOR Auction or a Domestic Business Day in the case of an Absolute Rate Auction; (ii) the proposed currency of such Borrowing, which shall be a Designated Currency in the case of a LIBOR Auction or Dollars in the case of an Absolute Rate Auction; provided that after giving effect to such Borrowing, the outstanding Loans shall be denominated in not more than six Designated Currencies (including Dollars); (iii) if the Borrower is a Foreign Subsidiary Borrower and will realize a tax benefit (or avoid a tax or reimbursement liability) with respect to Loans made by Qualifying Banks but not with respect to Loans made by other Banks, whether the Money Market Quotes are being requested from all of the Banks or only from Qualifying Banks; (iv) the aggregate amount of such Borrowing, which shall be at least $50,000,000 (or the Approximate Equivalent Amount thereof) or a larger multiple of $5,000,000 (or the Approximate Equivalent Amount thereof); provided that the Dollar Amount of such Borrowing shall not be more than the then aggregate amount of the Commitments and, in any period of five consecutive Domestic Business Days, the aggregate Dollar Amount of all Syndicated Borrowings and all Money Market Borrowings in Canadian dollars and French francs as of the respective dates of Borrowing shall not exceed $300,000,000 in each such currency; (v) the duration of the Interest Period applicable thereto, subject to the provisions of the definition of Interest Period; and (vi) whether the Money Market Quotes requested are to set forth a Money Market Margin or a Money Market Absolute Rate. Such Borrower may request offers to make Money Market Loans for more than one Interest Period but not more than one currency in a single Money Market Quote Request. No Money Market Quote Request shall be given within five Euro-Currency Business Days (or such other number of days as the Borrower and the Agent may agree) of any other Money Market Quote Request. (c) Promptly upon receipt of a Money Market Quote Request, the Agent shall send to the Banks (or, if the Borrower has requested Money Market Quotes only from Qualifying Banks pursuant to subsection (b)(iii) of this Section, to the Qualifying Banks) by telex or facsimile transmission an Invitation for Money Market Quotes substantially in the form of Exhibit C hereto, which shall constitute an invitation by such Borrower to each Bank to submit Money Market Quotes offering to make the Money Market Loans to which such Money Market Quote Request relates in accordance with this Section. (d) (i) Each Bank (or, if the Borrower has requested Money Market Quotes only from Qualifying Banks pursuant to subsection (b)(iii) of this Section, each Qualifying Bank) may submit a Money Market Quote containing an offer or offers to make Money Market Loans in response to any Invitation for Money Market Quotes. Each Money Market Quote must comply with the requirements of this subsection and must be submitted to the Agent by telex or facsimile transmission at its offices specified in or pursuant to Section 10.01 not later than (x) 3:00 p.m., London time, on the fourth Euro-Currency Business Day prior to the proposed date of Borrowing, in the case of a LIBOR Auction in a Designated Currency other than Dollars, (y) 10:00 a.m., New York City time, on the third Euro-Currency Business Day prior to the proposed date of Borrowing, in the case of a LIBOR Auction in Dollars, or (z) 9:30 a.m., New York City time, on the proposed date of Borrowing, in the case of an Absolute Rate Auction (or, in any such case, such other time and date as such Borrower and the Agent shall have mutually agreed and shall have notified to the Banks not later than the date of the Money Market Quote Request for the first LIBOR Auction or Absolute Rate Auction for which such change is to be effective); provided that Money Market Quotes submitted by the Agent (or any affiliate of the Agent) in the capacity of a Bank may be submitted, and may only be submitted, if the Agent or such affiliate notifies such Borrower of the terms of the offer or offers contained therein not later than (A) 2:00 p.m., London time, on the fourth Euro-Currency Business Day prior to the proposed date of Borrowing, in the case of a LIBOR Auction in a Designated Currency other than Dollars, (B) 9:30 a.m., New York City time, on the third Euro-Currency Business Day prior to the proposed date of Borrowing, in the case of a LIBOR Auction in Dollars, or (C) 9:15 a.m., New York City time, on the proposed date of Borrowing, in the case of an Absolute Rate Auction. Subject to Articles III and VI, any Money Market Quote so made shall be irrevocable except with the written consent of the Agent given on the instructions of such Borrower.

Appears in 1 contract

Samples: Credit Agreement (Atlantic Richfield Co /De)

Money Market Borrowings. (a) The Borrower may, as set forth in this Section, whenever at the time of the request therefor the Borrower has received an Acceptable Credit Rating, Rating request the Lenders prior to the Maturity Date to make offers to make Money Market Loans to the Borrower, not to exceed, at such time, the lesser of (i) the difference between the Commitment and the aggregate Revolving Credit Exposures, and (ii) fifty percent (50%) of the Commitment. The Lenders may, but shall have no obligation to, make such offers and the Borrower may, but shall have no obligation to, accept any such offers in the manner set forth in this Section. The Borrower shall pay the Agent a fee of $2,000.00 2,500.00 for each Money Market Quote Request provided below, payable monthly based on the requests for the previous month. (b) When the Borrower wishes to request offers to make Money Market Loans under this Section, it shall transmit to the Agent (in care of Xx. Xxxxxxxx X. CastilloXxxxx Xxxxxxxx, Loan and Agency Services, 0000 XxxxxxXxx Xxxxx Xxxxx, Houston0xx Xxxxx, Texas 77002Xxx Xxxx, Xxx Xxxx 00000, Facsimile No. 000-000-0000, telephone number 000-000-0000) by facsimile transmission a Money Market Quote Request ("Money Market Quote Request") substantially in the form of Exhibit E hereto so as to be received no --------- later than 12:00 noon, New York, New York time on (i) the fourth Eurodollar Business Day prior to the date of borrowing proposed therein, in the case of a LIBOR Auction or (ii) the Business Day next preceding the date of borrowing proposed therein, in the case of 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 Money Market Quote Request for the first LIBOR Auction or Absolute Rate Auction for which such change is to be effective) specifying:

Appears in 1 contract

Samples: Credit Agreement (Archstone Communities Trust/)

Money Market Borrowings. (a) The In addition to Syndicated ----------------------- Borrowings pursuant to Section 2.01, the Borrower may, as set forth in this Section, whenever at the time of the request therefor the Borrower has received an Acceptable Credit Rating, request the Lenders Banks at any time prior to the Maturity Termination Date (but not during any period when the Borrower's senior unsecured long-term public debt is rated either below Baa3 by Xxxxx'x Investor Service, Inc. (or its successor) or below BBB- by Standard & Poor's Corporation (or its successor)) to make offers to make Money Market Loans to the Borrower, not to exceed, at such time, the lesser of (i) the difference between the Commitment and the aggregate Revolving Credit Exposures, and (ii) fifty percent (50%) of the Commitment. The Lenders Banks may, but shall have no obligation to, make such offers and the Borrower may, but shall have no obligation to, accept any such offers in the manner set forth in this Section. The Borrower shall pay the Agent a fee of $2,000.00 for each Money Market Quote Request provided below, payable monthly based on the requests for the previous month. (b) When the Borrower wishes to request offers to make Money Market Loans under this Section, it shall transmit to the Agent (in care of Xx. Xxxxxxxx X. Castillo, Loan and Agency Services, 0000 Xxxxxx, Houston, Texas 77002, Facsimile No. 000-000-0000, telephone number 000-000-0000) by telex or facsimile transmission a Money Market Quote Request (“Money Market Quote Request”) substantially in the form of Exhibit E B hereto so as to be received no later than 12:00 noon(x) 3:00 p.m., New YorkLondon time, New York time on (i) the fourth Eurodollar fifth Euro-Currency Business Day prior to the date of borrowing Borrowing proposed therein, in the case of a LIBOR Auction in a Designated Currency other than Dollars, (y) 10:00 a.m., Chicago time, on the fifth Euro-Currency Business Day prior to the date of Borrowing proposed therein, in the case of a LIBOR Auction in Dollars or (iiz) 9:00 a.m., Chicago time, on the Domestic Business Day next preceding the date of borrowing Borrowing proposed therein, in the case of an Absolute Rate Auction (or, in either any such case, such other time or and date as the Borrower and the Agent shall have mutually agreed and shall have notified to the Lenders Banks of not later than the date of the Money Market Quote Request for the first LIBOR Auction or Absolute Rate Auction for which such change is to be effective) ), specifying: (i) the proposed date of Borrowing, which shall be a Euro-Currency Business Day in the case of a LIBOR Auction or a Domestic Business Day in the case of an Absolute Rate Auction; (ii) the proposed currency of such Borrowing, which shall be a Designated Currency in the case of a LIBOR Auction or Dollars in the case of an Absolute Rate Auction; (iii) the aggregate amount of such Borrowing, which shall be at least $10,000,000 (or the Approximate Equivalent Amount thereof) or a larger multiple of $1,000,000 (or the Approximate Equivalent Amount thereof); provided that upon giving effect to such Borrowing, the then aggregate -------- outstanding principal Dollar Amount of all Syndicated Loans and all Money Market Loans shall not exceed the aggregate amount of the Commitments then in effect; (iv) the duration of the Interest Period applicable thereto, subject to the provisions of the definition of Interest Period; and (v) whether the Money Market Quotes requested are to set forth a Money Market Margin or a Money Market Rate. The Borrower may request offers to make Money Market Loans for more than one Interest Period but not more than one currency in a single Money Market Quote Request. No Money Market Quote Request shall be given within five Euro-Currency Business Days (or such other number of days as the Borrower and the Agent may agree) of any other Money Market Quote Request (under and as defined in either this Agreement or the Other Agreement). (c) Promptly upon receipt of a Money Market Quote Request, the Agent shall send to the Banks by telex or facsimile transmission an Invitation for Money Market Quotes substantially in the form of Exhibit C hereto, which shall constitute an invitation by the Borrower to each Bank to submit Money Market Quotes offering to make the Money Market Loans to which such Money Market Quote Request relates in accordance with this Section. (d) (i) Each Bank may submit a Money Market Quote containing an offer or offers to make Money Market Loans in response to any Invitation for Money Market Quotes. Each Money Market Quote must comply with the requirements of this subsection and must be submitted to the Agent by telex or facsimile transmission at its offices specified in or pursuant to Section 9.01 not later than (x) 3:00 p.m., London time, on the fourth Euro-Currency Business Day prior to the proposed date of Borrowing, in the case of a LIBOR Auction in a Designated Currency other than Dollars, (y) 1:00 p.m., Chicago time, on the fourth Euro- Currency Business Day prior to the proposed date of Borrowing, in the case of a LIBOR Auction in Dollars, or (z) 9:00 a.m., Chicago time, on the proposed date of Borrowing, in the case of an Absolute Rate Auction (or, in any such case, such other time and date as the Borrower and the Agent shall have mutually agreed and shall have notified the Banks of not later than the date of the Money Market Quote Request for the first LIBOR Auction or Absolute Rate Auction for which such change is to be effective); provided that Money Market Quotes -------- submitted by the Agent (or any Affiliate of the Agent) in the capacity of a Bank may be submitted, and may only be submitted, if the Agent or such affiliate notifies the Borrower of the terms of the offer or offers contained therein not later than (A) 2:00 p.m., London time, on the fourth Euro-Currency Business Day prior to the proposed date of Borrowing, in the case of a LIBOR Auction in a Designated Currency other than Dollars, (B) noon, Chicago time, on the fourth Euro-Currency Business Day prior to the proposed date of Borrowing, in the case of a LIBOR Auction in Dollars, or (C) 8:45 a.m., Chicago time, on the proposed date of Borrowing, in the case of an Absolute Rate Auction. Subject to Articles III and VI, any Money Market Quote so made shall be irrevocable except with the written consent of the Agent given on the instructions of the Borrower.

Appears in 1 contract

Samples: Credit Agreement (Arco Chemical Co)

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