Common use of Notice of Competitive Bid Borrowing Clause in Contracts

Notice of Competitive Bid Borrowing. Any Borrower may request a Competitive Bid Borrowing under this Section 2.07 by delivering to the Administrative Agent, by email or telecopier, a notice of a Competitive Bid Borrowing (a “Notice of Competitive Bid Borrowing”), in substantially the form of Exhibit B-2 hereto, specifying therein the following: (i) date of such proposed Competitive Bid Borrowing; (ii) aggregate amount of such proposed Competitive Bid Borrowing; (iii) interest rate basis and day count convention to be offered by the Lenders; (iv) in the case of a Competitive Bid Borrowing consisting of Floating Rate Bid Advances, Interest Period, or in the case of a Competitive Bid Borrowing consisting of Fixed Rate Bid Advances, maturity date for repayment of each Fixed Rate Bid Advance to be made as part of such Competitive Bid Borrowing (which maturity date may not be earlier than the date occurring seven days after the date of such Competitive Bid Borrowing or later than the earlier of (A) 360 days after the date of such Competitive Bid Borrowing and (B) the Termination Date); (v) interest payment date or dates relating thereto; location of such Borrower’s account to which funds are to be advanced; and (vi) other terms (if any) to be applicable to such Competitive Bid Borrowing. A Borrower requesting a Competitive Bid Borrowing shall deliver a Notice of Competitive Bid Borrowing to the Administrative Agent not later than 10:00 a.m. (New York City time) (x) at least two Business Days prior to the date of the proposed Competitive Bid Borrowing, if such Borrower shall specify in the Notice of Competitive Bid Borrowing that the Competitive Bid Borrowing shall be Fixed Rate Bid Advances, or (y) at least four Business Days prior to the date of the proposed Competitive Bid Borrowing, if such Borrower shall specify in the Notice of Competitive Bid Borrowing that the Competitive Bid Borrowing shall be Floating Rate Bid Advances. Each Notice of Competitive Bid Borrowing shall be irrevocable and binding on such Borrower. The Administrative Agent shall in turn promptly notify each Lender of each request for a Competitive Bid Borrowing received by it from such Borrower by sending such Lender a copy of the related Notice of Competitive Bid Borrowing.

Appears in 13 contracts

Samples: Revolving Credit Agreement, 364 Day Revolving Credit Agreement (Mondelez International, Inc.), 364 Day Revolving Credit Agreement (Mondelez International, Inc.)

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Notice of Competitive Bid Borrowing. Any Borrower may request a Competitive Bid Borrowing under this Section 2.07 by delivering to the JPMorgan Chase, as Administrative Agent, by email or telecopier, a notice of a Competitive Bid Borrowing (a “Notice of Competitive Bid Borrowing”), in substantially the form of Exhibit B-2 hereto, specifying therein the following: (i) date of such proposed Competitive Bid Borrowing; (ii) aggregate amount of such proposed Competitive Bid Borrowing; (iii) interest rate basis and day count convention to be offered by the Lenders; (iv) in the case of a Competitive Bid Borrowing consisting of Floating Rate Bid Advances, Interest Period, or in the case of a Competitive Bid Borrowing consisting of Fixed Rate Bid Advances, maturity date for repayment of each Fixed Rate Bid Advance to be made as part of such Competitive Bid Borrowing (which maturity date may not be earlier than the date occurring seven days after the date of such Competitive Bid Borrowing or later than the earlier of (A) 360 days after the date of such Competitive Bid Borrowing and (B) the Termination Date); (v) interest payment date or dates relating thereto; ; (vi) location of such Borrower’s account to which funds are to be advanced; and (vivii) other terms (if any) to be applicable to such Competitive Bid Borrowing. A Borrower requesting a Competitive Bid Borrowing shall deliver a Notice of Competitive Bid Borrowing to the JPMorgan Chase, as Administrative Agent Agent, not later than 10:00 a.m. A.M. (New York City time) (x) at least two Business Days prior to the date of the proposed Competitive Bid Borrowing, if such Borrower shall specify in the Notice of Competitive Bid Borrowing that the Competitive Bid Borrowing shall be Fixed Rate Bid Advances, or (y) at least four Business Days prior to the date of the proposed Competitive Bid Borrowing, if such Borrower shall specify in the Notice of Competitive Bid Borrowing that the Competitive Bid Borrowing shall be Floating Rate Bid Advances. Each Notice of Competitive Bid Borrowing shall be irrevocable and binding on such Borrower. The JPMorgan Chase, as Administrative Agent Agent, shall in turn promptly notify each Lender of each request for a Competitive Bid Borrowing received by it from such Borrower by sending such Lender a copy of the related Notice of Competitive Bid Borrowing.

Appears in 7 contracts

Samples: Revolving Credit Agreement (Altria Group Inc), 364 Day Revolving Credit Agreement (Altria Group, Inc.), 364 Day Revolving Credit Agreement (Altria Group Inc)

Notice of Competitive Bid Borrowing. Any Borrower may request a Competitive Bid Borrowing under this Section 2.07 by delivering to the JPMCB, as Administrative Agent, by email or telecopier, a notice of a Competitive Bid Borrowing (a “Notice of Competitive Bid Borrowing”), in substantially the form of Exhibit B-2 hereto, specifying therein the following: (i) date of such proposed Competitive Bid Borrowing; (ii) aggregate amount of such proposed Competitive Bid Borrowing; (iii) interest rate basis and day count convention to be offered by the Lenders; (iv) in the case of a Competitive Bid Borrowing consisting of Floating Rate Bid Advances, Interest Period, or in the case of a Competitive Bid Borrowing consisting of Fixed Rate Bid Advances, maturity date for repayment of each Fixed Rate Bid Advance to be made as part of such Competitive Bid Borrowing (which maturity date may not be earlier than the date occurring seven days after the date of such Competitive Bid Borrowing or later than the earlier of (A) 360 days after the date of such Competitive Bid Borrowing and (B) the Termination Date); (v) interest payment date or dates relating thereto; ; (vi) location of such Borrower’s account to which funds are to be advanced; and (vivii) other terms (if any) to be applicable to such Competitive Bid Borrowing. A Borrower requesting a Competitive Bid Borrowing shall deliver a Notice of Competitive Bid Borrowing to the JPMCB, as Administrative Agent Agent, not later than 10:00 a.m. A.M. (New York City time) (x) at least two Business Days prior to the date of the proposed Competitive Bid Borrowing, if such Borrower shall specify in the Notice of Competitive Bid Borrowing that the Competitive Bid Borrowing shall be Fixed Rate Bid Advances, or (y) at least four Business Days prior to the date of the proposed Competitive Bid Borrowing, if such Borrower shall specify in the Notice of Competitive Bid Borrowing that the Competitive Bid Borrowing shall be Floating Rate Bid Advances. Each Notice of Competitive Bid Borrowing shall be irrevocable and binding on such Borrower. The JPMCB, as Administrative Agent Agent, shall in turn promptly notify each Lender of each request for a Competitive Bid Borrowing received by it from such Borrower by sending such Lender a copy of the related Notice of Competitive Bid Borrowing.

Appears in 5 contracts

Samples: Credit Agreement (Altria Group, Inc.), Credit Agreement (Altria Group, Inc.), Credit Agreement (Altria Group, Inc.)

Notice of Competitive Bid Borrowing. Any Borrower (or Mondelēz International on its behalf) may request a Competitive Bid Borrowing under this Section 2.07 by delivering to the Administrative Agent, by email or telecopierfacsimile, a notice of a Competitive Bid Borrowing (a “Notice of Competitive Bid Borrowing”), signed by a duly authorized officer of such Borrower (or of Mondelēz International, as applicable) and in substantially the form of Exhibit B-2 hereto, specifying therein the following: (i) the date of such proposed Competitive Bid Borrowing; (ii) the aggregate amount of such proposed Competitive Bid Borrowing; (iii) the interest rate basis and day count convention to be offered by the Lenders; (iv) in the case of a Competitive Bid Borrowing consisting of Floating Rate Bid Advances, Interest Period, or in the case of a Competitive Bid Borrowing consisting of Fixed Rate Bid Advances, the maturity date for repayment of each Fixed Rate Bid Advance to be made as part of such Competitive Bid Borrowing (which maturity date may not be earlier than the date occurring seven days after the date of such Competitive Bid Borrowing or later than the earlier of (A) 360 days after the date of such Competitive Bid Borrowing and (B) the Termination Date); (v) the interest payment date or dates relating thereto; ; (vi) the location of such Borrower’s account to which funds are to be advanced; and (vivii) other terms (if any) to be applicable to such Competitive Bid Borrowing. A Borrower requesting a Competitive Bid Borrowing shall deliver a Notice of Competitive Bid Borrowing to the Administrative Agent not later than 10:00 a.m. (New York City time) (x) at least two Business Days prior to the date of the proposed Competitive Bid Borrowing, if such Borrower shall specify in the Notice of Competitive Bid Borrowing that the Competitive Bid Borrowing shall be Fixed Rate Bid Advances, or (y) at least four Business Days prior to the date of the proposed Competitive Bid Borrowing, if such Borrower shall specify in the Notice of Competitive Bid Borrowing that the Competitive Bid Borrowing shall be Floating Rate Bid Advances. Each Notice of Competitive Bid Borrowing shall be irrevocable and binding on such Borrower. The Administrative Agent shall in turn promptly notify each Lender of each request for a Competitive Bid Borrowing received by it from such Borrower by sending such Lender a copy of the related Notice of Competitive Bid Borrowing.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Mondelez International, Inc.), 364 Day Revolving Credit Agreement (Mondelez International, Inc.)

Notice of Competitive Bid Borrowing. Any Borrower may request a Competitive Bid Borrowing under this Section 2.07 by delivering to the Chase, as Administrative Agent, by email or telecopier, a notice of a Competitive Bid Borrowing (a "Notice of Competitive Bid Borrowing"), in substantially the form of Exhibit B-2 hereto, specifying therein the following: (i) date of such proposed Competitive Bid Borrowing; (ii) aggregate amount of such proposed Competitive Bid Borrowing; (iii) interest rate basis and day count convention to be offered by the Lenders; (iv) in the case of a Competitive Bid Borrowing consisting of Floating Rate Bid Advances, Interest Period, or in the case of a Competitive Bid Borrowing consisting of Fixed Rate Bid Advances, maturity date for repayment of each Fixed Rate Bid Advance to be made as part of such Competitive Bid Borrowing (which maturity date may not be earlier than the date occurring seven days after the date of such Competitive Bid Borrowing or later than the earlier of (A) 360 days after the date of such Competitive Bid Borrowing and (B) the Termination Date); (v) interest payment date or dates relating thereto; ; (vi) location of such Borrower’s 's account to which funds are to be advanced; and (vivii) other terms (if any) to be applicable to such Competitive Bid Borrowing. A Borrower requesting a Competitive Bid Borrowing shall deliver a Notice of Competitive Bid Borrowing to the Chase, as Administrative Agent Agent, not later than 10:00 a.m. A.M. (New York City time) (x) at least two Business Days prior to the date of the proposed Competitive Bid Borrowing, if such Borrower shall specify in the Notice of Competitive Bid Borrowing that the Competitive Bid Borrowing shall be Fixed Rate Bid Advances, or (y) at least four Business Days prior to the date of the proposed Competitive Bid Borrowing, if such Borrower shall specify in the Notice of Competitive Bid Borrowing that the Competitive Bid Borrowing shall be Floating Rate Bid Advances. Each Notice of Competitive Bid Borrowing shall be irrevocable and binding on such Borrower. The Chase, as Administrative Agent Agent, shall in turn promptly notify each Lender of each request for a Competitive Bid Borrowing received by it from such Borrower by sending such Lender a copy of the related Notice of Competitive Bid Borrowing.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Kraft Foods Inc), Revolving Credit Agreement (Altria Group Inc)

Notice of Competitive Bid Borrowing. Any Borrower may request a Competitive Bid Borrowing under this Section 2.07 by delivering to the JPMCB, as Administrative Agent, by email telecopier or telecopiere-mail, a notice of a Competitive Bid Borrowing (a “Notice of Competitive Bid Borrowing”), in substantially the form of Exhibit B-2 hereto, specifying therein the following: (i) date of such proposed Competitive Bid Borrowing; (ii) aggregate amount of such proposed Competitive Bid Borrowing; (iii) interest rate basis and day count convention to be offered by the Lenders; (iv) in the case of a Competitive Bid Borrowing consisting of Floating Rate Bid Advances, Interest Period, or in the case of a Competitive Bid Borrowing consisting of Fixed Rate Bid Advances, maturity date for repayment of each Fixed Rate Bid Advance to be made as part of such Competitive Bid Borrowing (which maturity date may not be earlier than the date occurring seven days after the date of such Competitive Bid Borrowing or later than the earlier of (A) 360 days after the date of such Competitive Bid Borrowing and (B) the Termination Date); (v) interest payment date or dates relating thereto; ; (vi) location of such Borrower’s account to which funds are to be advanced; and (vivii) other terms (if any) to be applicable to such Competitive Bid Borrowing. A Borrower requesting a Competitive Bid Borrowing shall deliver a Notice of Competitive Bid Borrowing to the JPMCB, as Administrative Agent Agent, not later than 10:00 a.m. A.M. (New York City time) (x) at least two Business Days prior to the date of the proposed Competitive Bid Borrowing, if such Borrower shall specify in the Notice of Competitive Bid Borrowing that the Competitive Bid Borrowing shall be Fixed Rate Bid Advances, or (y) at least four Business Days prior to the date of the proposed Competitive Bid Borrowing, if such Borrower shall specify in the Notice of Competitive Bid Borrowing that the Competitive Bid Borrowing shall be Floating Rate Bid Advances. Each Notice of Competitive Bid Borrowing shall be irrevocable and binding on such Borrower. The JPMCB, as Administrative Agent Agent, shall in turn promptly notify each Lender of each request for a Competitive Bid Borrowing received by it from such Borrower by sending such Lender a copy of the related Notice of Competitive Bid Borrowing.

Appears in 2 contracts

Samples: 5 Year Revolving Credit Agreement (Altria Group, Inc.), Credit Agreement (Altria Group, Inc.)

Notice of Competitive Bid Borrowing. Any Borrower Kraft Foods Global may request a Competitive Bid Borrowing under this Section 2.07 by delivering to the Administrative Agent, by email or telecopier, a notice of a Competitive Bid Borrowing (a “Notice of Competitive Bid Borrowing”), in substantially the form of Exhibit B-2 hereto, specifying therein the following: (i) date of such proposed Competitive Bid Borrowing; (ii) aggregate amount of such proposed Competitive Bid Borrowing; (iii) interest rate basis and day count convention to be offered by the Lenders; (iv) in the case of a Competitive Bid Borrowing consisting of Floating Rate Bid Advances, Interest Period, or in the case of a Competitive Bid Borrowing consisting of Fixed Rate Bid Advances, maturity date for repayment of each Fixed Rate Bid Advance to be made as part of such Competitive Bid Borrowing (which maturity date may not be earlier than the date occurring seven days after the date of such Competitive Bid Borrowing or later than the earlier of (A) 360 days after the date of such Competitive Bid Borrowing and (B) the Termination Date); (v) interest payment date or dates relating thereto; location of such BorrowerKraft Foods Global’s account to which funds are to be advanced; and (vi) other terms (if any) to be applicable to such Competitive Bid Borrowing. A Borrower requesting a Competitive Bid Borrowing Kraft Foods Global shall deliver a Notice of Competitive Bid Borrowing to the Administrative Agent not later than 10:00 a.m. (New York City time) (x) at least two Business Days prior to the date of the proposed Competitive Bid Borrowing, if such Borrower Kraft Foods Global shall specify in the Notice of Competitive Bid Borrowing that the Competitive Bid Borrowing shall be Fixed Rate Bid Advances, or (y) at least four Business Days prior to the date of the proposed Competitive Bid Borrowing, if such Borrower Kraft Foods Global shall specify in the Notice of Competitive Bid Borrowing that the Competitive Bid Borrowing shall be Floating Rate Bid Advances. Each Notice of Competitive Bid Borrowing shall be irrevocable and binding on such BorrowerKraft Foods Global. The Administrative Agent shall in turn promptly notify each Lender of each request for a Competitive Bid Borrowing received by it from such Borrower Kraft Foods Global by sending such Lender a copy of the related Notice of Competitive Bid Borrowing.

Appears in 2 contracts

Samples: 364 Day Revolving Credit Agreement (Kraft Foods Group, Inc.), 364 Day Revolving Credit Agreement (Kraft Foods Inc)

Notice of Competitive Bid Borrowing. Any The Borrower may request a Competitive Bid Borrowing under this Section 2.07 section 2.3 by delivering to the Administrative Agent, by email telecopier, electronic e-mail transmission, telex or telecopiercable, confirmed immediately in writing, a notice of a Competitive Bid Borrowing (a “Notice of Competitive Bid Borrowing”"NOTICE OF COMPETITIVE BID BORROWING"), in substantially the form of Exhibit B-2 hereto, specifying therein (x) the following: (i) date and aggregate amount of such the proposed Competitive Bid Borrowing; , (iiy) aggregate amount of such proposed Competitive Bid Borrowing; (iii) interest rate basis and day count convention to be offered by the Lenders; (iv) in the case of a Competitive Bid Borrowing consisting of Floating Rate Bid Advances, Interest Period, or in the case of a Competitive Bid Borrowing consisting of Fixed Rate Bid Advances, maturity date for repayment of each Fixed Rate Competitive Bid Advance Loan to be made as part of such Competitive Bid Borrowing (which maturity date may not shall be earlier than the date occurring seven days after last day of an Interest Period of one, two, three or six months duration following the date of such Competitive Bid Borrowing or Borrowing, but in no event later than the earlier of Maturity Date), (A) 360 days after the date of such Competitive Bid Borrowing and (Bz) the Termination Date); (v) interest payment date or dates relating thereto; location of such Borrower’s account to which funds are to be advanced; and (vi) , and any other terms (if any) to be applicable to such Competitive Bid Borrowing. A Borrower requesting a Competitive Bid Borrowing shall deliver a Notice of Competitive Bid Borrowing to the Administrative Agent , not later than 10:00 a.m. A.M. (New York City time) local time at the Notice Office) (xA) at least two Business Days prior to the date of the proposed Competitive Bid Borrowing, if such the Borrower shall specify in the Notice of Competitive Bid Borrowing that the Competitive Bid Borrowing shall be a Fixed Rate Competitive Bid AdvancesBorrowing), or or (yB) at least four five Business Days prior to the date of the proposed Competitive Bid Borrowing, if such the Borrower shall instead specify in the Notice of Competitive Bid Borrowing that the Competitive Bid Borrowing shall be Floating an Adjusted LIBO Rate Competitive Bid AdvancesBorrowing. Each A Notice of Competitive Bid Borrowing shall specify that the requested Borrowing is either a Fixed Rate Competitive Bid Borrowing or an Adjusted LIBO Rate Competitive Bid Borrowing, but not both or either in the alternative. Competitive Bid Loans shall only be irrevocable made in Dollars. If the Borrower and binding on the Administrative Agent shall have so agreed, the Borrower shall pay to the Administrative Agent, for its own account, in connection with each request for a Competitive Bid Borrowing, promptly after receipt of an invoice therefor, a competitive bid administrative fee in such Borroweramount as has been so agreed. The Administrative Agent shall in turn promptly notify each Lender of each request for a Competitive Bid Borrowing received by it from such the Borrower by sending such Lender a copy of the related Notice of Competitive Bid Borrowing.

Appears in 1 contract

Samples: 364 Day Credit Agreement (Ferro Corp)

Notice of Competitive Bid Borrowing. Any Borrower may request a Competitive Bid Borrowing under this Section 2.07 by delivering to the Administrative Agent, by email or telecopierfacsimile, a notice of a Competitive Bid Borrowing (a “Notice of Competitive Bid Borrowing”), signed by its duly authorized officer and in substantially the form of Exhibit B-2 hereto, specifying therein the following: (i) the date of such proposed Competitive Bid Borrowing; (ii) the aggregate amount and currency of such proposed Competitive Bid Borrowing; (iii) the interest rate basis and day count convention to be offered by the Revolving Lenders; (iv) in the case of a Competitive Bid Borrowing consisting of Floating Rate Bid Advances, Interest Period, or in the case of a Competitive Bid Borrowing consisting of Fixed Rate Bid Advances, the maturity date for repayment of each Fixed Rate Bid Advance to be made as part of such Competitive Bid Borrowing (which maturity date may not be earlier than the date occurring seven days after the date of such Competitive Bid Borrowing or later than the earlier of (A) 360 days after the date of such Competitive Bid Borrowing and (B) the Termination Revolving Maturity Date); (v) the interest payment date or dates relating thereto; ; (vi) location of such Borrower’s account to which funds are to be advanced; and (vivii) other terms (if any) to be applicable to such Competitive Bid Borrowing. A Borrower requesting a Competitive Bid Borrowing shall deliver a Notice of Competitive Bid Borrowing to the Administrative Agent not later than 10:00 a.m. (New York City timeLocal Time) (x) at least two Business Days prior to the date of the proposed Competitive Bid Borrowing, if such Borrower shall specify in the Notice of Competitive Bid Borrowing that the Competitive Bid Borrowing shall be Fixed Rate Bid Advances, or (y) at least four Business Days prior to the date of the proposed Competitive Bid Borrowing, if such Borrower shall specify in the Notice of Competitive Bid Borrowing that the Competitive Bid Borrowing shall be Floating Rate Bid AdvancesAdvances denominated in US Dollars or (z) at least five Business Days prior to the date of the proposed Competitive Bid Borrowing, if such Borrower shall specify in the Notice of Competitive Bid Borrowing that the Competitive Bid Borrowing shall be Floating Rate Bid Advances denominated in Euro, Sterling or Canadian Dollars or in any other Alternative Currency. Each Notice of Competitive Bid Borrowing shall be irrevocable and binding on such Borrower. The Administrative Agent shall in turn promptly notify each Revolving Lender of each request for a Competitive Bid Borrowing received by it from such Borrower by sending such Lender a copy of the related Notice of Competitive Bid Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Kraft Heinz Co)

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Notice of Competitive Bid Borrowing. Any Borrower may request a Competitive Bid Borrowing under this Section 2.07 by delivering to the JPMCB, as Administrative Agent, by email or telecopier, a notice of a Competitive Bid Borrowing (a “Notice of Competitive Bid Borrowing”), in substantially the form of Exhibit B-2 hereto, specifying therein the following: : 16 (i) date i)date of such proposed Competitive Bid Borrowing; ; (ii) aggregate ii)aggregate amount of such proposed Competitive Bid Borrowing; ; (iii) interest iii)interest rate basis and day count convention to be offered by the Lenders; ; (iv) in iv)in the case of a Competitive Bid Borrowing consisting of Floating Rate Bid Advances, Interest Period, or in the case of a Competitive Bid Borrowing consisting of Fixed Rate Bid Advances, maturity date for repayment of each Fixed Rate Bid Advance to be made as part of such Competitive Bid Borrowing (which maturity date may not be earlier than the date occurring seven days after the date of such Competitive Bid Borrowing or later than the earlier of (A) 360 days after the date of such Competitive Bid Borrowing and (B) the Termination Date); ; (v) interest v)interest payment date or dates relating thereto; location (vi)location of such Borrower’s account to which funds are to be advanced; and and (vi) other vii)other terms (if any) to be applicable to such Competitive Bid Borrowing. A Borrower requesting a Competitive Bid Borrowing shall deliver a Notice of Competitive Bid Borrowing to the JPMCB, as Administrative Agent Agent, not later than 10:00 a.m. A.M. (New York City time) (x) at least two Business Days prior to the date of the proposed Competitive Bid Borrowing, if such Borrower shall specify in the Notice of Competitive Bid Borrowing that the Competitive Bid Borrowing shall be Fixed Rate Bid Advances, or (y) at least four Business Days prior to the date of the proposed Competitive Bid Borrowing, if such Borrower shall specify in the Notice of Competitive Bid Borrowing that the Competitive Bid Borrowing shall be Floating Rate Bid Advances. Each Notice of Competitive Bid Borrowing shall be irrevocable and binding on such Borrower. The JPMCB, as Administrative Agent Agent, shall in turn promptly notify each Lender of each request for a Competitive Bid Borrowing received by it from such Borrower by sending such Lender a copy of the related Notice of Competitive Bid Borrowing.

Appears in 1 contract

Samples: Credit Agreement

Notice of Competitive Bid Borrowing. Any Borrower may request a Competitive Bid Borrowing under this Section 2.07 by delivering to the Administrative Agent, by email or telecopierfacsimile, a notice of a Competitive Bid Borrowing (a “Notice of Competitive Bid Borrowing”), in substantially the form of Exhibit B-2 hereto, specifying therein the following: (i) the date of such proposed Competitive Bid Borrowing; (ii) the aggregate amount and currency of such proposed Competitive Bid Borrowing; (iii) the interest rate basis and day count convention to be offered by the Revolving Lenders; (iv) in the case of a Competitive Bid Borrowing consisting of Floating Rate Bid Advances, Interest Period, or in the case of a Competitive Bid Borrowing consisting of Fixed Rate Bid Advances, the maturity date for repayment of each Fixed Rate Bid Advance to be made as part of such Competitive Bid Borrowing (which maturity date may not be earlier than the date occurring seven days after the date of such Competitive Bid Borrowing or later than the earlier of (A) 360 days after the date of such Competitive Bid Borrowing and (B) the Termination Revolving Maturity Date); (v) the interest payment date or dates relating thereto; ; (vi) location of such Borrower’s account to which funds are to be advanced; and (vivii) other terms (if any) to be applicable to such Competitive Bid Borrowing. A Borrower requesting a Competitive Bid Borrowing shall deliver a Notice of Competitive Bid Borrowing to the Administrative Agent not later than 10:00 a.m. (New York City timeLocal Time) (x) at least two Business Days prior to the date of the proposed Competitive Bid Borrowing, if such Borrower shall specify in the Notice of Competitive Bid Borrowing that the Competitive Bid Borrowing shall be Fixed Rate Bid Advances, or (y) at least four Business Days prior to the date of the proposed Competitive Bid Borrowing, if such Borrower shall specify in the Notice of Competitive Bid Borrowing that the Competitive Bid Borrowing shall be Floating Rate Bid AdvancesAdvances denominated in US Dollars or (z) at least five Business Days prior to the date of the proposed Competitive Bid Borrowing, if such Borrower shall specify in the Notice of Competitive Bid Borrowing that the Competitive Bid Borrowing shall be Floating Rate Bid Advances denominated in Euro, Sterling or Canadian Dollars. Each Notice of Competitive Bid Borrowing shall be irrevocable and binding on such Borrower. The Administrative Agent shall in turn promptly notify each Revolving Lender of each request for a Competitive Bid Borrowing received by it from such Borrower by sending such Lender a copy of the related Notice of Competitive Bid Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Kraft Heinz Co)

Notice of Competitive Bid Borrowing. Any Borrower may request a Competitive Bid Borrowing under this Section 2.07 by delivering to the JPMorgan Chase, as Administrative Agent, by email or telecopier, a notice of a Competitive Bid Borrowing (a "Notice of Competitive Bid Borrowing"), in substantially the form of Exhibit B-2 hereto, specifying therein the following: (i) date of such proposed Competitive Bid Borrowing; (ii) aggregate amount of such proposed Competitive Bid Borrowing; (iii) interest rate basis and day count convention to be offered by the Lenders; (iv) in the case of a Competitive Bid Borrowing consisting of Floating Rate Bid Advances, Interest Period, or in the case of a Competitive Bid Borrowing consisting of Fixed Rate Bid Advances, maturity date for repayment of each Fixed Rate Bid Advance to be made as part of such Competitive Bid Borrowing (which maturity date may not be earlier than the date occurring seven days after the date of such Competitive Bid Borrowing or later than the earlier of (A) 360 days after the date of such Competitive Bid Borrowing and (B) the Termination Date); (v) interest payment date or dates relating thereto; ; (vi) location of such Borrower’s 's account to which funds are to be advanced; and (vivii) other terms (if any) to be applicable to such Competitive Bid Borrowing. A Borrower requesting a Competitive Bid Borrowing shall deliver a Notice of Competitive Bid Borrowing to the JPMorgan Chase, as Administrative Agent Agent, not later than 10:00 a.m. A.M. (New York City time) (x) at least two Business Days prior to the date of the proposed Competitive Bid Borrowing, if such Borrower shall specify in the Notice of Competitive Bid Borrowing that the Competitive Bid Borrowing shall be Fixed Rate Bid Advances, or (y) at least four Business Days prior to the date of the proposed Competitive Bid Borrowing, if such Borrower shall specify in the Notice of Competitive Bid Borrowing that the Competitive Bid Borrowing shall be Floating Rate Bid Advances. Each Notice of Competitive Bid Borrowing shall be irrevocable and binding on such Borrower. The JPMorgan Chase, as Administrative Agent Agent, shall in turn promptly notify each Lender of each request for a Competitive Bid Borrowing received by it from such Borrower by sending such Lender a copy of the related Notice of Competitive Bid Borrowing.

Appears in 1 contract

Samples: 364 Day Revolving Credit Agreement (Kraft Foods Inc)

Notice of Competitive Bid Borrowing. Any Borrower (or Mondelēz International on its behalf) may request a Competitive Bid Borrowing under this Section 2.07 by delivering to the Administrative Agent, by email or telecopierfacsimile, a notice of a Competitive Bid Borrowing (a “Notice of Competitive Bid Borrowing”), signed by a duly authorized officer of such Borrower (or of Mondelēz International, as applicable) and in substantially the form of Exhibit B-2 hereto, specifying therein the following: (i) the Borrower requesting such proposed Competitive Bid Borrowing; (ii) the date of such proposed Competitive Bid Borrowing; (iiiii) the aggregate amount of such proposed Competitive Bid Borrowing; (iiiiv) the interest rate basis and day count convention to be offered by the Lenders; (ivv) in the case of a Competitive Bid Borrowing consisting of Floating Rate Bid Advances, Interest Period, or in the case of a Competitive Bid Borrowing consisting of Fixed Rate Bid Advances, the maturity date for repayment of each Fixed Rate Bid Advance to be made as part of such Competitive Bid Borrowing (which maturity date may not be earlier than the date occurring seven days after the date of such Competitive Bid Borrowing or later than the earlier of (A) 360 days after the date of such Competitive Bid Borrowing and (B) the Termination Date); (vvi) the interest payment date or dates relating thereto; ; (vii) the location and number of such the applicable Borrower’s account to which funds are to be advanced; and (viviii) other terms (if any) to be applicable to such Competitive Bid Borrowing. A The Borrower requesting a Competitive Bid Borrowing (or Mondelēz International on its behalf) shall deliver a Notice of Competitive Bid Borrowing to the Administrative Agent not later than 10:00 a.m. (New York City time) (x) at least two Business Days prior to the date of the proposed Competitive Bid Borrowing, if such Borrower shall specify in the such Notice of Competitive Bid Borrowing that the Competitive Bid Borrowing shall be Fixed Rate Bid Advances, or (y) at least four Business Days prior to the date of the proposed Competitive Bid Borrowing, if such Borrower shall specify in the such Notice of Competitive Bid Borrowing that the Competitive Bid Borrowing shall be Floating Rate Bid Advances. Each Notice of Competitive Bid Borrowing shall be irrevocable and binding on such Borrower. The Administrative Agent shall in turn promptly notify each Lender of each request for a Competitive Bid Borrowing received by it from such Borrower by sending such Lender a copy of the related Notice of Competitive Bid Borrowing.

Appears in 1 contract

Samples: 364 Day Revolving Credit Agreement (Mondelez International, Inc.)

Notice of Competitive Bid Borrowing. Any Borrower may request a Competitive Bid Borrowing under this Section 2.07 by delivering to the JPMorgan Chase, as Administrative Agent, by email or telecopier, a notice of a Competitive Bid Borrowing (a “Notice of Competitive Bid Borrowing”"NOTICE OF COMPETITIVE BID BORROWING"), in substantially the form of Exhibit B-2 hereto, specifying therein the following: (i) date of such proposed Competitive Bid Borrowing; (ii) aggregate amount of such proposed Competitive Bid Borrowing; (iii) interest rate basis and day count convention to be offered by the Lenders; (iv) in the case of a Competitive Bid Borrowing consisting of Floating Rate Bid Advances, Interest Period, or in the case of a Competitive Bid Borrowing consisting of Fixed Rate Bid Advances, maturity date for repayment of each Fixed Rate Bid Advance to be made as part of such Competitive Bid Borrowing (which maturity date may not be earlier than the date occurring seven days after the date of such Competitive Bid Borrowing or later than the earlier of (A) 360 days after the date of such Competitive Bid Borrowing and (B) the Termination Date); (v) interest payment date or dates relating thereto; ; (vi) location of such Borrower’s 's account to which funds are to be advanced; and (vivii) other terms (if any) to be applicable to such Competitive Bid Borrowing. A Borrower requesting a Competitive Bid Borrowing shall deliver a Notice of Competitive Bid Borrowing to the JPMorgan Chase, as Administrative Agent Agent, not later than 10:00 a.m. A.M. (New York City time) (x) at least two Business Days prior to the date of the proposed Competitive Bid Borrowing, if such Borrower shall specify in the Notice of Competitive Bid Borrowing that the Competitive Bid Borrowing shall be Fixed Rate Bid Advances, or (y) at least four Business Days prior to the date of the proposed Competitive Bid Borrowing, if such Borrower shall specify in the Notice of Competitive Bid Borrowing that the Competitive Bid Borrowing shall be Floating Rate Bid Advances. Each Notice of Competitive Bid Borrowing shall be irrevocable and binding on such Borrower. The JPMorgan Chase, as Administrative Agent Agent, shall in turn promptly notify each Lender of each request for a Competitive Bid Borrowing received by it from such Borrower by sending such Lender a copy of the related Notice of Competitive Bid Borrowing.

Appears in 1 contract

Samples: 364 Day Revolving Credit Agreement (Kraft Foods Inc)

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