Common use of Notice of Competitive Clause in Contracts

Notice of Competitive. Bid Borrowing"), in substantially the form of Exhibit B-2 hereto, specifying therein the requested (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) currency of such proposed Competitive Bid Borrowing, (v) in the case of a Competitive Bid Borrowing consisting of Floating Rate Loans, Interest Period, or in the case of a Competitive Bid Borrowing consisting of Fixed Rate Loans, maturity date for repayment of each Fixed Rate Loan 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) 365 days after the date of such Competitive Bid Borrowing and (B) the Revolving Credit Termination Date), (vi) interest payment date or dates relating thereto, (vii) location of the Borrower's account to which funds are to be advanced and (viii) other terms (if any) to be applicable to such Competitive Bid Borrowing, not later than (1) 10:00 A.M. (Charlotte time) at least two Business Days prior to the date of the proposed Competitive Bid Borrowing, if the Borrower shall specify in the Notice of Competitive Bid Borrowing that the rates of interest to be offered by the Lenders shall be fixed rates per annum (the Loans comprising any such Competitive Bid Borrowing being referred to herein as "Fixed Rate Loans") and that the Loans comprising such proposed Competitive Bid Borrowing shall be denominated in Dollars, (2) 10:00 A.M. (Charlotte time) at least four Business Days prior to the date of the proposed Competitive Bid Borrowing, if the Borrower shall specify in the Notice of Competitive Bid Borrowing that the Loans comprising such Competitive Bid Borrowing shall be Floating Rate Loans denominated in Dollars, (3) 10:00 A.M. (London time) at least two Business Days prior to the date of the proposed Competitive Bid Borrowing, if the Borrower shall specify in the Notice of Competitive Bid Borrowing that the Loans comprising such proposed Competitive Bid Borrowing shall be Fixed Rate Loans denominated in any Alternative Currency and (4) 10:00 A.M. (London time) at least four Business Days prior to the date of the proposed Competitive Bid Borrowing, if the Borrower shall instead specify in the Notice of Competitive Bid Borrowing that the Loans comprising such Competitive Bid Borrowing shall be Floating Rate Loans denominated in any Alternative Currency. Each Notice of Competitive Bid Borrowing shall be irrevocable and binding on the Borrower. The Administrative Agent shall in turn promptly notify each Lender of each request for a Competitive Bid Borrowing received by it from the Borrower by sending such Lender a copy of the related Notice of Competitive Bid Borrowing.

Notice of Competitive. Bid Borrowing"”), in substantially the form of Exhibit B-2 F hereto, specifying therein the requested (iA) date of such proposed Competitive Bid Borrowing, (iiB) aggregate amount of such proposed Competitive Bid Borrowing, (iii) interest rate basis and day count convention to be offered by the Lenders, (iv) currency of such proposed Competitive Bid Borrowing, (vC) in the case of a Competitive Bid Borrowing consisting of Floating Rate LoansAdvances, Interest Period, or (D) in the case of a Competitive Bid Borrowing consisting of Fixed Rate LoansAdvances, the maturity date for repayment of each Fixed Rate Loan Advance to be made as part of such Competitive Bid Borrowing (which maturity date may not be earlier than the date occurring seven 14 days after the date of such Competitive Bid Borrowing or later than the earlier of (AI) 365 180 days after the date of such Competitive Bid Borrowing and (BII) the Revolving Credit Termination Date), (viE) interest payment date or dates relating thereto, (viiF) location of the proposed U.S. Borrower's account to which funds are to be advanced , and (viiiG) other terms (if any) to be applicable to such Competitive Bid Borrowing, not later than 1:00 P.M. (1New York City time) 10:00 A.M. (Charlotte timex) at least two one Business Days Day prior to the date of the proposed Competitive Bid Borrowing, if the applicable U.S. Borrower shall specify in the Notice of Competitive Bid Borrowing that the rates of interest to be offered by the Lenders shall be fixed rates per annum (the Loans Advances comprising any such Competitive Bid Borrowing being referred to herein as "“Fixed Rate Loans"Advances”) and that the Loans comprising such proposed Competitive Bid Borrowing shall be denominated in Dollars, (2) 10:00 A.M. (Charlotte timey) at least four (4) Business Days prior to the date of the proposed Competitive Bid Borrowing, if the Borrower shall specify in the Notice of Competitive Bid Borrowing that the Loans comprising such Competitive Bid Borrowing shall be Floating Rate Loans denominated in Dollars, (3) 10:00 A.M. (London time) at least two Business Days prior to the date of the proposed Competitive Bid Borrowing, if the Borrower shall specify in the Notice of Competitive Bid Borrowing that the Loans comprising such proposed Competitive Bid Borrowing shall be Fixed Rate Loans denominated in any Alternative Currency and (4) 10:00 A.M. (London time) at least four Business Days prior to the date of the proposed Competitive Bid Borrowing, if the applicable U.S. Borrower shall instead specify in the Notice of Competitive Bid Borrowing that the Loans Advances comprising such Competitive Bid Borrowing shall be Floating Rate Loans denominated in any Alternative CurrencyAdvances. Each Notice of Competitive Bid Borrowing shall be irrevocable and binding on the BorrowerBorrowers except to the extent provided in Section 2.02(c)(iii). The Administrative Agent shall in turn promptly notify each U.S. Dollar Revolving Lender of each request for a Competitive Bid Borrowing received by it from the such U.S. Borrower by sending such U.S. Dollar Revolving Lender a copy of the related Notice of Competitive Bid Borrowing.

Notice of Competitive. Bid Borrowing"”), in substantially the form of Exhibit B-2 F hereto, specifying therein the requested (iA) the date of such proposed Competitive Bid Borrowing, (iiB) aggregate amount of such proposed Competitive Bid Borrowing, (iii) interest rate basis and day count convention to be offered by the Lenders, (iv) currency of such proposed Competitive Bid Borrowing, (vC) in the case of a Competitive Bid Borrowing consisting of Floating Rate LoansAdvances, Interest Period, or in the case of a Competitive Bid Borrowing consisting of Fixed Rate LoansAdvances, maturity date for repayment of each Fixed Rate Loan Advance to be made as part of such Competitive Bid Borrowing (which maturity date may not be earlier than the date occurring seven 14 days after the date of such Competitive Bid Borrowing or later than the earlier of (AI) 365 180 days after the date of such Competitive Bid Borrowing and (BII) the Revolving Credit Termination Date), (viD) interest payment date or dates relating thereto, (viiE) location of the proposed U.S. Borrower's account to which funds are to be advanced , and (viiiF) other terms (if any) to be applicable to such Competitive Bid Borrowing, not later than 1:00 P.M. (1New York City time) 10:00 A.M. (Charlotte timex) at least two one Business Days Day prior to the date of the proposed Competitive Bid Borrowing, if the applicable U.S. Borrower shall specify in the Notice of Competitive Bid Borrowing that the rates of interest to be offered by the Lenders shall be fixed rates per annum (the Loans Advances comprising any such Competitive Bid Borrowing being referred to herein as "“Fixed Rate Loans"Advances”) and that the Loans comprising such proposed Competitive Bid Borrowing shall be denominated in Dollars, (2) 10:00 A.M. (Charlotte timey) at least four (4) Business Days prior to the date of the proposed Competitive Bid Borrowing, if the Borrower shall specify in the Notice of Competitive Bid Borrowing that the Loans comprising such Competitive Bid Borrowing shall be Floating Rate Loans denominated in Dollars, (3) 10:00 A.M. (London time) at least two Business Days prior to the date of the proposed Competitive Bid Borrowing, if the Borrower shall specify in the Notice of Competitive Bid Borrowing that the Loans comprising such proposed Competitive Bid Borrowing shall be Fixed Rate Loans denominated in any Alternative Currency and (4) 10:00 A.M. (London time) at least four Business Days prior to the date of the proposed Competitive Bid Borrowing, if the applicable U.S. Borrower shall instead specify in the Notice of Competitive Bid Borrowing that the Loans Advances comprising such Competitive Bid Borrowing shall be Floating Rate Loans denominated in any Alternative CurrencyAdvances. Each Notice of Competitive Bid Borrowing shall be irrevocable and binding on the BorrowerBorrowers. The Administrative Agent shall in turn promptly notify each U.S. Dollar Revolving Lender of each request for a Competitive Bid Borrowing received by it from the such U.S. Borrower by sending such U.S. Dollar Revolving Lender a copy of the related Notice of Competitive Bid Borrowing.

Notice of Competitive. Bid Borrowing"”), in substantially the form of Exhibit B-2 hereto, specifying therein the requested (iA) date of such proposed Competitive Bid Borrowing, (iiB) aggregate amount of such proposed Competitive Bid Borrowing, (iiiC) interest rate basis and day count convention to be offered by the Lenders, (ivD) currency of such proposed Competitive Bid Borrowing, (vE) in the case of a Competitive Bid Borrowing consisting of Floating LIBO Rate LoansAdvances, Interest Period, or in the case of a Competitive Bid Borrowing consisting of Fixed Local Rate LoansAdvances, maturity date for repayment of each Fixed Local Rate Loan 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 (AI) 365 180 days after the date of such Competitive Bid Borrowing and (BII) the Revolving Credit Termination Date), (viF) interest payment date or dates relating thereto, (viiG) location of the such Borrower's ’s account to which funds are to be advanced and (viiiH) other terms (if any) to be applicable to such Competitive Bid Borrowing, not later than (1x) 10:00 A.M. (Charlotte London time) at least two four Business Days prior to the date of the proposed Competitive Bid Borrowing, if the such Borrower shall specify in the Notice of Competitive Bid Borrowing that the rates of interest to be offered by the Lenders shall be fixed rates per annum (the Loans Advances comprising any such Competitive Bid Borrowing being referred to herein as "“Fixed Rate Loans"Advances”) and that the Loans comprising such proposed Competitive Bid Borrowing shall be denominated in Dollars, (2) 10:00 A.M. (Charlotte time) at least four Business Days prior to the date of the proposed Competitive Bid Borrowing, if the Borrower shall specify in the Notice of Competitive Bid Borrowing that the Loans comprising such Competitive Bid Borrowing shall be Floating or Local Rate Loans denominated in Dollars, (3) 10:00 A.M. (London time) at least two Business Days prior to the date of the proposed Competitive Bid Borrowing, if the Borrower shall specify in the Notice of Competitive Bid Borrowing that the Loans comprising such proposed Competitive Bid Borrowing shall be Fixed Rate Loans denominated in any Alternative Currency Advances and (4y) 10:00 A.M. 10:00AM (London time) at least four Business Days prior to the date of the proposed Competitive Bid Borrowing, if the such Borrower shall instead specify in the Notice of Competitive Bid Borrowing that the Loans Advances comprising such Competitive Bid Borrowing shall be Floating LIBO Rate Loans denominated Advances. Each Notice of Competitive Bid Borrowing shall be appropriately completed and signed by a Responsible Officer of the Borrower (or any individual designated by such Responsible Officer in any Alternative Currencywriting to the Administrative Agent). Each Notice of Competitive Bid Borrowing shall be irrevocable and binding on the BorrowerBorrower giving such Notice. Any Notice of Competitive Bid Borrowing by a Designated Subsidiary shall be given to the Administrative Agent in accordance with the preceding sentence through the Company on behalf of such Designated Subsidiary. The Administrative Agent shall in turn promptly notify each Lender of each request for a Competitive Bid Borrowing received by it from the any Borrower by sending such Lender a copy of the related Notice of Competitive Bid Borrowing.

Notice of Competitive. Bid Borrowing"”), in substantially the form of Exhibit B-2 E hereto, specifying therein the requested (iA) date of such proposed Competitive Bid Borrowing, (iiB) aggregate amount of such proposed Competitive Bid Borrowing, (iii) interest rate basis and day count convention to be offered by the Lenders, (iv) currency of such proposed Competitive Bid Borrowing, (vC) in the case of a Competitive Bid Borrowing consisting of Floating Rate LoansAdjusted Term SOFR Advances, the Interest Period, or in the case of a Competitive Bid Borrowing consisting of Fixed Rate LoansAdvances, the maturity date for repayment of each Fixed Rate Loan Advance to be made as part of such Competitive Bid Borrowing (which maturity date may not be earlier than the date occurring seven 14 days after the date of such Competitive Bid Borrowing or later than the earlier of (AI) 365 180 days after the date of such Competitive Bid Borrowing and (BII) the Revolving Credit Termination RC Maturity Date), (viD) interest payment date or dates relating thereto, (vii) location of the Borrower's account to which funds are to be advanced and (viiiE) other terms (if any) to be applicable to such Competitive Bid Borrowing, not later than 1:00 P.M. (1New York City time) 10:00 A.M. (Charlotte timex) at least two one Business Days Day prior to the date of the proposed Competitive Bid Borrowing, if the Borrower shall specify in the Notice of Competitive Bid Borrowing that the rates of interest to be offered by the Lenders shall be fixed rates per annum (the Loans Advances comprising any such Competitive Bid Borrowing being referred to herein as "“Fixed Rate Loans"Advances”) and that the Loans comprising such proposed Competitive Bid Borrowing shall be denominated in Dollars, (2) 10:00 A.M. (Charlotte time) at least four Business Days prior to the date of the proposed Competitive Bid Borrowing, or if the Borrower shall specify in the Notice of Competitive Bid Borrowing that the Loans Advances comprising such Competitive Bid Borrowing shall be Floating Rate Loans denominated in Dollars, (3) 10:00 A.M. (London time) at least two Business Days prior to the date of the proposed Competitive Bid Borrowing, if the Borrower shall specify in the Notice of Competitive Bid Borrowing that the Loans comprising such proposed Competitive Bid Borrowing shall be Fixed Rate Loans denominated in any Alternative Currency Adjusted DSS Advances and (4) 10:00 A.M. (London timey) at least four (4) Business Days prior to the date of the proposed Competitive Bid Borrowing, if the Borrower shall instead specify in the Notice of Competitive Bid Borrowing that the Loans Advances comprising such Competitive Bid Borrowing shall be Floating Rate Loans denominated in any Alternative CurrencyAdjusted Term SOFR Advances. Each Notice of Competitive Bid Borrowing shall be irrevocable and binding on the Borrower. The Administrative Agent shall in turn promptly notify each Revolving Credit Lender of each request for a Competitive Bid Borrowing received by it from the Borrower by sending such Revolving Credit Lender a copy of the related Notice of Competitive Bid Borrowing.