Common use of Acceptance and Notice by Borrower Clause in Contracts

Acceptance and Notice by Borrower. Not later than (i) 11:00 a.m. (New York time) at least three Business Days prior to the proposed Borrowing Date, in the case of a Eurodollar Auction or (ii) 11:00 a.m. (New York time) on the proposed Borrowing Date, in the case of an Absolute Rate Auction (or, in either case upon reasonable prior notice to the Revolving Credit Lenders, such other time and date as the Borrower and the Administrative Agent may agree), the Borrower shall notify the Administrative Agent of its acceptance or rejection of the offers received by it pursuant to Section 2.3.4 or so notified to it pursuant to Section 2.3.5; provided, however, that the failure by the Borrower to give such notice to the Administrative Agent shall be deemed to be a rejection of all such offers. In the case of acceptance, such notice (a “Competitive Bid Borrowing Notice”) shall specify the aggregate principal amount of offers for each Interest Period that are accepted and (if the Administrative Agent is not the Competitive Bid Agent) shall include copies of each Competitive Bid Quote that is accepted. The Borrower may accept any Competitive Bid Quote in whole or in part (subject to the terms of Section 2.3.4(b)(iv) and (vi)); provided that:

Appears in 11 contracts

Samples: Credit Agreement (Horton D R Inc /De/), Credit Agreement (Horton D R Inc /De/), Credit Agreement (Toll Brothers Inc)

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Acceptance and Notice by Borrower. Not later than (ia) 11:00 10:00 a.m. (New York Chicago time) at least three Business Days prior to the proposed Borrowing Date, in the case of a Eurodollar Eurocurrency Auction or (iib) 11:00 10:00 a.m. (New York Chicago time) on the proposed Borrowing Date, in the case of an Absolute Rate Auction (or, in either case upon reasonable prior notice to the Revolving Credit Lenders, such other time and date as the Borrower and the Administrative Agent may agree), the Borrower shall notify the Administrative Agent of its acceptance or rejection of the offers received by it pursuant to Section 2.3.4 or so notified to it pursuant to Section 2.3.52.05.5; provided, however, that the failure by the Borrower to give such notice to the Administrative Agent shall be deemed to be a rejection of all such offers. In the case of acceptance, such notice (a “Competitive Bid Borrowing Notice”) shall specify the aggregate principal amount of offers for each Interest Period that are accepted and (if the Administrative Agent is not the Competitive Bid Agent) shall include copies of each Competitive Bid Quote that is accepted. The Borrower may accept any Competitive Bid Quote in whole or in part (subject to the terms of Section 2.3.4(b)(iv) and (vi))part; provided that:

Appears in 5 contracts

Samples: Credit Agreement (Emerson Electric Co), Credit Agreement (Emerson Electric Co), Assignment and Assumption Agreement (Emerson Electric Co)

Acceptance and Notice by Borrower. Not later than (i) 11:00 a.m. 6:00 p.m. (New York Chicago time) at least three four Business Days prior to the proposed Borrowing Date, Date in the case of a Eurodollar Auction request for a Competitive LIBOR Margin or (ii) 11:00 10:00 a.m. (New York Chicago time) on the proposed Borrowing Date, in the case of a request for an Absolute Rate Auction (or, in either case upon reasonable prior notice to the Revolving Credit Lenders, such other time and date as the Borrower and the Administrative Agent may agree), the Borrower shall notify the Administrative Agent of its acceptance or rejection of the offers received by it pursuant to Section 2.3.4 or so notified to it pursuant to Section 2.3.52.16(e); provided, however, that the failure by the Borrower to give such notice to the Administrative Agent shall be deemed to be a rejection of all such offers. In the case of acceptance, such notice (a "Competitive Bid Borrowing Notice") shall specify the aggregate principal amount of offers for each Interest Period that are accepted and (if the Administrative Agent is not the Competitive Bid Agent) shall include copies of each Competitive Bid Quote that is accepted. The Borrower may accept any Competitive Bid Quote in whole or in part (subject to the terms of Section 2.3.4(b)(iv) and (vi2.16(d)(iii)); provided that:

Appears in 5 contracts

Samples: Revolving Credit Agreement (First Industrial Realty Trust Inc), Credit Agreement (First Industrial Realty Trust Inc), Assignment Agreement (First Industrial Realty Trust Inc)

Acceptance and Notice by Borrower. Not later than (i) 11:00 10:00 a.m. (New York Chicago time) at least three Business Days prior to the proposed Borrowing Date, Date in the case of a Eurodollar Auction request for a Competitive LIBOR Margin or (ii) 11:00 10:00 a.m. (New York Chicago time) on the proposed Borrowing Date, in the case of a request for an Absolute Rate Auction (or, in either case upon reasonable prior notice to the Revolving Credit Lenders, such other time and date as the Borrower and the Administrative Agent may agree), the Borrower shall notify the Administrative Agent of its acceptance or rejection of the offers received by it pursuant to Section 2.3.4 or so notified to it pursuant to Section 2.3.52.15(e); provided, however, that the failure by the Borrower to give such notice to the Administrative Agent shall be deemed to be a rejection of all such offers. In the case of acceptance, such notice (a “Competitive Bid Borrowing Notice”) shall specify the aggregate principal amount of offers for each Interest Period that are accepted and (if the Administrative Agent is not the Competitive Bid Agent) shall include copies of each Competitive Bid Quote that is accepted. The Borrower may accept any Competitive Bid Quote in whole or in part (subject to the terms of Section 2.3.4(b)(iv) and (vi2.15(d)(iii)); provided that:

Appears in 4 contracts

Samples: Revolving Credit Agreement (Duke Realty Limited Partnership/), Revolving Credit Agreement (Duke Realty Corp), Revolving Credit Agreement (Duke Realty Corp)

Acceptance and Notice by Borrower. Not later than (ia) 11:00 10:00 a.m. (New York Chicago time) at least three Business Days prior to the proposed Borrowing Date, in the case of a Eurodollar Auction or (iib) 11:00 10:00 a.m. (New York Chicago time) on the proposed Borrowing Date, in the case of an Absolute Rate Auction (or, in either case upon reasonable prior notice to the Revolving Credit Lenders, such other time and date as the Requesting Borrower and the Administrative Agent may agree), the Requesting Borrower shall notify the Administrative Agent of its acceptance or rejection of the offers received by it pursuant to Section 2.3.4 or so notified to it pursuant to Section 2.3.5; provided, however, that the failure by the Requesting Borrower to give such notice to the Administrative Agent shall be deemed to be a rejection of all such offers. In the case of acceptance, such notice (a “Competitive Bid Borrowing Notice”) shall specify the aggregate principal amount of offers for each Interest Period that are accepted and (if the Administrative Agent is not the Competitive Bid Agent) shall include copies of each Competitive Bid Quote that is accepted. The Requesting Borrower may accept any Competitive Bid Quote in whole or in part (subject to the terms of Section 2.3.4(b)(iv) and (vi)); provided that:

Appears in 3 contracts

Samples: Five Year Credit Agreement (Nationwide Financial Services Inc/), Credit Agreement (Nationwide Financial Services Inc/), 364 Day Credit Agreement (Nationwide Financial Services Inc/)

Acceptance and Notice by Borrower. Not later than (i) 11:00 a.m. 7:00 p.m. (New York time) at least three four Business Days prior to the proposed Borrowing Date, Date in the case of a Eurodollar Auction request for a Competitive LIBOR Margin or (ii) 11:00 a.m. (New York time) on the proposed Borrowing Date, in the case of a request for an Absolute Rate Auction (or, in either case upon reasonable prior notice to the Revolving Credit Lenders, such other time and date as the Borrower and the Administrative Agent may agree), the Borrower shall notify the Administrative Agent of its acceptance or rejection of the offers received by it pursuant to Section 2.3.4 or so notified submitted to it pursuant to Section 2.3.52.22(d); provided, however, that the failure by the Borrower to give such notice to the Administrative Agent shall be deemed to be a rejection of all such offers. In the case of acceptance, such notice (a “Competitive Bid Borrowing NoticeRequest”) shall specify the aggregate principal amount of offers for each Interest Period that are accepted and (if the applicable interest rate. The Administrative Agent is not shall immediately advise the Lenders making the accepted offers of the contents of the Competitive Bid Agent) shall include copies of each Competitive Bid Quote that is acceptedBorrowing Request. The Borrower may accept any Competitive Bid Quote in whole or in part (subject to the terms of Section 2.3.4(b)(iv) and (vi2.22(c)(iii)); provided that:

Appears in 2 contracts

Samples: Credit Agreement (Developers Diversified Realty Corp), Credit Agreement (DDR Corp)

Acceptance and Notice by Borrower. Not later than (i) 11:00 10:00 a.m. (New York Chicago time) at least three Business Days prior to the proposed Borrowing Date, in the case of a Eurodollar Auction or (ii) 11:00 10:00 a.m. (New York Chicago time) on the proposed Borrowing Date, in the case of an Absolute Rate Auction (or, in either case upon reasonable prior notice to the Revolving Credit Lenders, such other time and date as the Borrower and the Administrative Agent may agree), the Borrower shall notify the Administrative Agent of its acceptance or rejection of the offers received by it pursuant to Section 2.3.4 or so notified to it pursuant to Section 2.3.5; provided, however, that the failure by the Borrower to give such notice to the Administrative Agent shall be deemed to be a rejection of all such offers. In the case of acceptance, such notice (a "Competitive Bid Borrowing Notice") shall specify the aggregate principal amount of offers for each Interest Period that are accepted and (if the Administrative Agent is not the Competitive Bid Agent) shall include copies of each Competitive Bid Quote that is accepted. The Borrower may accept any Competitive Bid Quote in whole or in part (subject to the terms of Section 2.3.4(b)(iv) and (vi2.3.4(ii)(d)); provided that:

Appears in 2 contracts

Samples: Ratable Note (Amli Residential Properties Trust), Credit Agreement (National Computer Systems Inc)

Acceptance and Notice by Borrower. Not later than (i) 11:00 10:00 a.m. (New York Chicago time) at least three (3) Business Days prior to the proposed Borrowing Date, Date in the case of a Eurodollar Auction request for a Competitive LIBOR Margin or (ii) 11:00 10:00 a.m. (New York Chicago time) on the proposed Borrowing Date, in the case of a request for an Absolute Rate Auction (or, in either case upon reasonable prior notice to the Revolving Credit Lenders, such other time and date as the Borrower and the Administrative Agent may agree), the Borrower shall notify the Administrative Agent of its acceptance or rejection of the offers received by it pursuant to Section 2.3.4 or so notified to it pursuant to Section 2.3.52.15(e); provided, however, that the failure by the Borrower to give such notice to the Administrative Agent shall be deemed to be a rejection of all such offers. In the case of acceptance, such notice (a “Competitive Bid Borrowing Notice”) shall specify the aggregate principal amount of offers for each Interest Period that are accepted and (if the Administrative Agent is not the Competitive Bid Agent) shall include copies of each Competitive Bid Quote that is accepted. The Borrower may accept any Competitive Bid Quote in whole or in part (subject to the terms of Section 2.3.4(b)(iv) and (vi2.15(d)(iii)); provided that:

Appears in 2 contracts

Samples: Credit and Term Loan Agreement (Duke Realty Limited Partnership/), Revolving Credit Agreement (Duke Realty Limited Partnership/)

Acceptance and Notice by Borrower. Not later than (i) 11:00 a.m. 7:00 p.m. (New York time) at least three four (4) Business Days prior to the proposed Borrowing Date, Date in the case of a Eurodollar Auction request for a Competitive LIBOR Margin or (ii) 11:00 a.m. (New York time) on the proposed Borrowing Date, in the case of a request for an Absolute Rate Auction (or, in either case upon reasonable prior notice to the Revolving Credit Lenders, such other time and date as the Borrower and the Administrative Agent may agree), the Borrower shall notify the Administrative Agent of its acceptance or rejection of the offers received by it pursuant to Section 2.3.4 or so notified submitted to it pursuant to Section 2.3.52.22(d); provided, however, that the failure by the Borrower to give such notice to the Administrative Agent shall be deemed to be a rejection of all such offers. In the case of acceptance, such notice (a “Competitive Bid Borrowing NoticeRequest”) shall specify the aggregate principal amount of offers for each Interest Period that are accepted and (if the applicable interest rate. The Administrative Agent is not shall immediately advise the Lenders making the accepted offers of the contents of the Competitive Bid Agent) shall include copies of each Competitive Bid Quote that is acceptedBorrowing Request. The Borrower may accept any Competitive Bid Quote in whole or in part (subject to the terms of Section 2.3.4(b)(iv) and (vi2.22(c)(iii)); provided that:

Appears in 2 contracts

Samples: Credit Agreement (SITE Centers Corp.), Credit Agreement (DDR Corp)

Acceptance and Notice by Borrower. Not later than (i) 11:00 10:00 a.m. (New York time) at least three Business Days prior to the proposed Borrowing Date, in the case of a Eurodollar Auction or (ii) 11:00 10:00 a.m. (New York time) on the proposed Borrowing Date, in the case of an Absolute Bid Rate Auction (or, in either case upon reasonable prior notice to the Revolving Credit Lenders, such other time and date as the Borrower and the Administrative Agent may agree), the Borrower shall notify the Administrative Agent (such notice, a “Competitive Bid Borrowing Notice”) of its acceptance or rejection of the offers received by it pursuant to Section 2.3.4 or so notified to it pursuant to Section 2.3.52.3.5 (which notice shall be irrevocable, except, with respect to notices that have not yet been relied upon by any Lender, in the case of manifest error); provided, however, that the failure by the Borrower to give such notice to the Administrative Agent shall be deemed to be a rejection of all such offers. In the case of acceptance, such notice (a “Competitive Bid Borrowing Notice”) Notice shall specify the aggregate principal amount of offers for each Interest Period that are accepted and (if the Administrative Agent is not the Competitive Bid Agent) shall include copies of each Competitive Bid Quote that is accepted. The Borrower may accept any Competitive Bid Quote in whole or in part (subject to the terms of Section 2.3.4(b)(iv) and (vi2.3.4(ii)(d)); provided that:

Appears in 2 contracts

Samples: Assignment Agreement (Washington Gas Light Co), Assignment Agreement (Washington Gas Light Co)

Acceptance and Notice by Borrower. Not later than (i) 11:00 10:00 a.m. (New York time) at least three Business Days prior to the proposed Borrowing Date, in the case of a Eurodollar Auction or (ii) 11:00 10:00 a.m. (New York time) on the proposed Borrowing Date, in the case of an Absolute Bid Rate Auction (or, in either case upon reasonable prior notice to the Revolving Credit Lenders, such other time and date as the Borrower and the Administrative Agent may agree), the Borrower shall notify the Administrative Agent (such notice, a “Competitive Bid Borrowing Notice”) of its acceptance or rejection of the offers received by it pursuant to Section 2.3.4 or so notified to it pursuant to Section 2.3.52.3.5 (which notice shall be irrevocable, except, with respect to notices that have not yet been relied upon by any Lender, in the case of manifest error); provided, however, that the failure by the Borrower to give such notice to the Administrative Agent shall be deemed to be a rejection of all such offers. In the case of acceptance, such notice (a “Competitive Bid Borrowing Notice”) Notice shall specify the aggregate principal amount of offers for each Interest Period that are accepted and (if the Administrative Agent is not the Competitive Bid Agent) shall include copies of each Competitive Bid Quote that is accepted. The Borrower may accept any Competitive Bid Quote in whole or in part (subject to the terms of Section 2.3.4(b)(iv) and (vi2.3.4(ii)(f)); provided that:

Appears in 2 contracts

Samples: Assignment Agreement (WGL Holdings Inc), Assignment Agreement (WGL Holdings Inc)

Acceptance and Notice by Borrower. Not later than (i) 11:00 a.m. (New York Cleveland time) at least three Business Banking Days prior to the proposed Borrowing Date, Date in the case of a Eurodollar Auction request for a Competitive LIBOR Margin or (ii) 11:00 a.m. (New York Cleveland time) on the proposed Borrowing Date, in the case of a request for an Absolute Rate Auction (or, in either case upon reasonable prior notice to the Revolving Credit Lenders, such other time and date as the Borrower and the Administrative Agent may agree), the Borrower shall notify the Administrative Agent of its acceptance or rejection of the offers received by of which it has been notified pursuant to Section 2.3.4 or so notified to it pursuant to Section 2.3.52.4(e); provided, however, that the failure by the Borrower to give such notice to the Administrative Agent shall be deemed to be a rejection of all such offers. In the case of acceptance, such notice (a “Competitive Bid Borrowing Notice”) shall specify the aggregate principal amount of offers for each Interest Period that are accepted and (if the Administrative Agent is not the Competitive Bid Agent) shall include copies of each Competitive Bid Quote that is accepted. The Borrower may accept any Competitive Bid Quote in whole or in part (subject to the terms of Section 2.3.4(b)(iv) and (vi2.4(d)(iii)); provided that:

Appears in 2 contracts

Samples: Unsecured Credit Agreement (BioMed Realty L P), Unsecured Credit Agreement (BioMed Realty L P)

Acceptance and Notice by Borrower. Not later than (i) 11:00 a.m. 6:00 p.m. (New York Chicago time) at least three four Business Days prior to the proposed Borrowing Date, Date in the case of a Eurodollar Auction request for a Competitive LIBOR Margin or (ii) 11:00 10:00 a.m. (New York Chicago time) on the proposed Borrowing Date, in the case of a request for an Absolute Rate Auction (or, in either case upon reasonable prior notice to the Revolving Credit Lenders, such other time and date as the Borrower and the Administrative Agent may agree), the Borrower shall notify the Administrative Agent of its acceptance or rejection of the offers received by it pursuant to Section 2.3.4 or so notified submitted to it pursuant to Section 2.3.52.22(d); provided, however, that the failure by the Borrower to give such notice to the Administrative Agent shall be deemed to be a rejection of all such offers. In the case of acceptance, such notice (a “Competitive Bid Borrowing Notice”) shall specify the aggregate principal amount of offers for each Interest Period that are accepted and (if the applicable interest rate. The Administrative Agent is not shall immediately advise the Lenders making the accepted offers of the contents of the Competitive Bid Agent) shall include copies of each Competitive Bid Quote that is acceptedBorrowing Notice. The Borrower may accept any Competitive Bid Quote in whole or in part (subject to the terms of Section 2.3.4(b)(iv) and (vi2.22(c)(iii)); provided that:

Appears in 1 contract

Samples: Credit Agreement (Developers Diversified Realty Corp)

Acceptance and Notice by Borrower. Not later than (i) 11:00 a.m. 6:00 p.m. (New York Chicago time) at least three four Business Days prior to the proposed Borrowing Date, Date in the case of a Eurodollar Auction request for a Competitive LIBOR Margin or (ii) 11:00 10:00 a.m. (New York Chicago time) on the proposed Borrowing Date, in the case of a request for an Absolute Rate Auction (or, in either case upon reasonable prior notice to the Revolving Credit Lenders, such other time and date as the Borrower and the Administrative Agent may agree), the Borrower shall notify the Administrative Agent of its acceptance or rejection of the offers received by it pursuant to Section 2.3.4 or so notified to it pursuant to Section 2.3.52.14(e); provided, however, that the failure by the Borrower to give such notice to the Administrative Agent shall be deemed to be a rejection of all such offers. In the case of acceptance, such notice (a “Competitive Bid Borrowing Notice”) shall specify the aggregate principal amount of offers for each Interest Period that are accepted and (if the Administrative Agent is not the Competitive Bid Agent) shall include copies of each Competitive Bid Quote that is accepted. The Borrower may accept any Competitive Bid Quote in whole or in part (subject to the terms of Section 2.3.4(b)(iv) and (vi2.14(d)(iii)); provided that:

Appears in 1 contract

Samples: Unsecured Revolving Credit Agreement (Centerpoint Properties Trust)

Acceptance and Notice by Borrower. Not later than (ia) 11:00 10:00 a.m. (New York Chicago time) at least three Business Days prior to the proposed Borrowing Date, in the case of a Eurodollar Auction or (iib) 11:00 10:00 a.m. (New York Chicago time) on the proposed Borrowing Date, in the case of an Absolute Rate Auction (or, in either case upon reasonable prior notice to the Revolving Credit Lenders, such other time and date as the Borrower and the Administrative Agent may agree), the Borrower shall notify the Administrative Agent of its acceptance or rejection of the offers received by it pursuant to Section 2.3.4 or so notified to it pursuant to Section 2.3.5; provided, however, that the failure by the Borrower to give such notice to the Administrative Agent shall be deemed to be a rejection of all such offers. In the case of acceptance, such notice (a "Competitive Bid Borrowing Notice") shall specify the aggregate principal amount of offers for each Interest Period that are accepted and (if the Administrative Agent is not the Competitive Bid Agent) shall include copies of each Competitive Bid Quote that is accepted. The Borrower may accept any Competitive Bid Quote in whole or in part (subject to the terms of Section 2.3.4(b)(iv) and (vi)); provided that:

Appears in 1 contract

Samples: Credit Agreement (Ralcorp Holdings Inc /Mo)

Acceptance and Notice by Borrower. Not later than (ia) 11:00 10:00 a.m. (New York Chicago time) at least three Business Days prior to the proposed Borrowing Date, in the case of a Eurodollar Auction or (iib) 11:00 10:00 a.m. (New York Chicago time) on the proposed Borrowing Date, in the case of an Absolute Rate Auction (or, in either case upon reasonable prior notice to the Revolving Credit Lenders, such other time and date as the Requesting Borrower and the Administrative Agent may agree), the Requesting Borrower shall notify the Administrative Agent of its acceptance or rejection of the offers received by it pursuant to Section 2.3.4 or so notified to it pursuant to Section SECTION 2.3.5; providedPROVIDED, howeverHOWEVER, that the failure by the Requesting Borrower to give such notice to the Administrative Agent shall be deemed to be a rejection of all such offers. In the case of acceptance, such notice (a “Competitive Bid Borrowing Notice”"COMPETITIVE BID BORROWING NOTICE") shall specify the aggregate principal amount of offers for each Interest Period that are accepted and (if the Administrative Agent is not the Competitive Bid Agent) shall include copies of each Competitive Bid Quote that is accepted. The Requesting Borrower may accept any Competitive Bid Quote in whole or in part (subject to the terms of Section SECTION 2.3.4(b)(iv) and (vi)); provided PROVIDED that:

Appears in 1 contract

Samples: Credit Agreement (Nationwide Financial Services Inc/)

Acceptance and Notice by Borrower. Not later than (i) 11:00 i)10:00 a.m. (New York Chicago time) at least three Business Days prior to the proposed Borrowing Date, in the case of a Eurodollar Auction or (ii) 11:00 10:00 a.m. (New York Chicago time) on the proposed Borrowing Date, in the case of an Absolute Rate Auction (or, in either case upon reasonable prior notice to the Revolving Credit Lenders, such other time and date as the Borrower and the Administrative Agent may agree), the Borrower shall notify the Administrative Agent of its acceptance or rejection of the offers received by it pursuant to Section 2.3.4 or so notified to it pursuant to Section 2.3.5; provided, however, that the failure by the Borrower to give such notice to the Administrative Agent AdministrativeAgent shall be deemed to be a rejection of all such offers. In the case of acceptance, such notice (a "Competitive Bid Borrowing Notice") shall specify the aggregate principal amount of offers for each Interest Period that are accepted and (if the Administrative Agent is not the Competitive Bid Agent) shall include copies of each Competitive Bid Quote that is accepted. The Borrower may accept any Competitive Bid Quote in whole or in part (subject to the terms of Section 2.3.4(b)(iv) and (vi)); provided that:

Appears in 1 contract

Samples: Credit Agreement (Toll Brothers Inc)

Acceptance and Notice by Borrower. Not later than (ia) 11:00 10:00 a.m. (New York Chicago time) at least three Business Days prior to the proposed Borrowing Date, in the case of a Eurodollar Auction or (iib) 11:00 10:00 a.m. (New York Chicago time) on the proposed Borrowing Date, in the case of an Absolute Rate Auction (or, in either case upon reasonable prior notice to the Revolving Credit Lenders, such other time and date as the Borrower and the Administrative Agent may agree), the Borrower shall notify the Administrative Agent of its acceptance or rejection of the offers received by it pursuant to Section 2.3.4 or so notified to it pursuant to Section 2.3.5; provided, however, that the failure by the Borrower to give such notice to the Administrative Agent shall be deemed to be a rejection of all such offers. In the case of acceptance, such notice (a "Competitive Bid Borrowing Notice") shall specify the aggregate principal amount of offers for each Interest Period that are accepted and (if the Administrative Agent is not the Competitive Bid Agent) shall include copies of each Competitive Bid Quote that is accepted. The Borrower may accept any Competitive Bid Quote in whole or in part (subject to the terms of Section 2.3.4(b)(iv) and (vi)); provided that:

Appears in 1 contract

Samples: Credit Agreement (Ralcorp Holdings Inc /Mo)

Acceptance and Notice by Borrower. Not later than (i) 11:00 10:00 a.m. (New York Chicago time) at least three Business Days prior to the proposed Borrowing Date, in the case of a Eurodollar Auction or (ii) 11:00 10:00 a.m. (New York Chicago time) on the proposed Borrowing Date, in the case of an Absolute Rate Auction (or, in either case upon reasonable prior notice to the Revolving Credit Lenders, such other time and date as the Borrower and the Administrative Agent may agree), the Borrower shall notify the Administrative Agent of its acceptance or rejection of the offers received by it pursuant to Section 2.3.4 or so notified to it pursuant to Section 2.3.5; provided, however, that the failure by the Borrower to give such notice to the Administrative Agent shall be deemed to be a rejection of all such offers. In the case of acceptance, such notice (a "Competitive Bid Borrowing Notice") shall specify the aggregate principal amount of offers for each Interest Period that are accepted and (if the Administrative Agent is not the Competitive Bid Agent) shall include copies of each Competitive Bid Quote that is accepted. The Borrower may accept any Competitive Bid Quote in whole or in part (subject to the terms of Section 2.3.4(b)(iv) and (vi)); provided that:

Appears in 1 contract

Samples: Credit Agreement (Toll Brothers Inc)

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Acceptance and Notice by Borrower. Not later than (ia) 11:00 10:00 a.m. (New York Chicago time) at least three Business Days prior to the proposed Borrowing Date, in the case of a Eurodollar Auction or (iib) 11:00 10:00 a.m. (New York Chicago time) on the proposed Borrowing Date, in the case of an Absolute Rate Auction (or, in either case upon reasonable prior notice to the Revolving Credit Lenders, such other time and date as the Borrower and the Administrative Agent may agree), the Borrower shall notify the Administrative Agent of its acceptance or rejection of the offers received by it pursuant to Section 2.3.4 or so notified to it pursuant to Section 2.3.52.8.5; provided, however, that the failure by the Borrower to give such notice to the Administrative Agent shall be deemed to be a rejection of all such offers. In the case of acceptance, such notice (a "Competitive Bid Borrowing Notice") shall specify the aggregate principal amount of offers for each Interest Period that are accepted and (if the Administrative Agent is not the Competitive Bid Agent) shall include copies of each Competitive Bid Quote that is accepted. The Borrower may accept any Competitive Bid Quote in whole or in part (subject to the terms of Section 2.3.4(b)(iv) and (vi2.8.4(b)(iv)); provided that:

Appears in 1 contract

Samples: Assignment Agreement (Cooper Cameron Corp)

Acceptance and Notice by Borrower. Not later than (i) 11:00 10:00 a.m. (New York Chicago time) at least three (3) Business Days prior to the proposed Borrowing Date, Date in the case of a Eurodollar Auction request for a Competitive LIBOR Margin or (ii) 11:00 10:00 a.m. (New York Chicago time) on the proposed Borrowing Date, in the case of a request for an Absolute Rate Auction (or, in either case upon reasonable prior notice to the Revolving Credit Lenders, such other time and date as the Borrower and the Administrative Competitive Bid Option Agent may agree), the Borrower shall notify the Administrative Competitive Bid Option Agent of its acceptance or rejection of the offers received by it pursuant to Section 2.3.4 or so notified to it pursuant to Section 2.3.52.17(e); provided, however, that the failure by the Borrower to give such notice to the Administrative Competitive Bid Option Agent shall be deemed to be a rejection of all such offers. In the case of acceptance, such notice (a “Competitive Bid Borrowing Notice”) shall specify the aggregate principal amount of offers for each Interest Period that are accepted and (if the Administrative Agent is not the Competitive Bid Agent) shall include copies of each Competitive Bid Quote that is accepted. The Borrower may accept any Competitive Bid Quote in whole or in part (subject to the terms of Section 2.3.4(b)(iv) and (vi2.17(d)(iii)); , provided that:

Appears in 1 contract

Samples: Assignment Agreement (Rouse Company)

Acceptance and Notice by Borrower. Not later than (i) 11:00 10:00 a.m. (New York Chicago time) at least three Business Days prior to the proposed Borrowing Date, in the case of a Eurodollar Auction or (ii) 11:00 10:00 a.m. (New York Chicago time) on the proposed Borrowing Date, in the case of an Absolute Rate Auction (or, in either case upon reasonable prior notice to the Revolving Credit Lenders, such other time and date as the Borrower and the Administrative Agent may agree), the Borrower shall notify the Administrative Agent of its acceptance or rejection of the offers received by it pursuant to Section 2.3.4 or so notified to it pursuant to Section 2.3.5; providedPROVIDED, howeverHOWEVER, that the failure by the Borrower to give such notice to the Administrative Agent shall be deemed to be a rejection of all such offers. In the case of acceptance, such notice (a "Competitive Bid Borrowing Notice") shall specify the aggregate principal amount of offers for each Interest Period that are accepted and (if the Administrative Agent is not the Competitive Bid Agent) shall include copies of each Competitive Bid Quote that is accepted. The Borrower may accept any Competitive Bid Quote in whole or in part (subject to the terms of Section 2.3.4(b)(iv) and (vi2.3.4(ii)(d)); provided PROVIDED that:

Appears in 1 contract

Samples: Credit Agreement (Amli Residential Properties Trust)

Acceptance and Notice by Borrower. Not later than (ia) 11:00 a.m. (New York time) at least three Business Days prior to the proposed Borrowing Date, in the case of a Eurodollar Auction or (iib) 11:00 a.m. (New York time) on the proposed Borrowing Date, in the case of an Absolute Rate Auction (or, in either case upon reasonable prior notice to the Revolving Credit Lenders, such other time and date as the Borrower and the Administrative Agent may agree), the Borrower shall notify the Administrative Agent of its acceptance or rejection of the offers received by it pursuant to Section 2.3.4 or so notified to it pursuant to Section 2.3.5; provided, however, that the failure by the Borrower to give such notice to the Administrative Agent shall be deemed to be a rejection of all such offers. In the case of acceptance, such notice (a "Competitive Bid Borrowing Notice") shall specify the aggregate principal amount of offers for each Interest Period that are accepted and (if the Administrative Agent is not the Competitive Bid Agent) shall include copies of each Competitive Bid Quote that is accepted. The Borrower may accept any Competitive Bid Quote in whole or in part (subject to the terms of Section 2.3.4(b)(iv) and (vi)); provided that:

Appears in 1 contract

Samples: Credit Agreement (Cna Surety Corp)

Acceptance and Notice by Borrower. Not later than (i) 11:00 a.m. (New York Chicago time) at least three Business Days prior to the proposed Borrowing Date, in the case of a Eurodollar Auction or (ii) 11:00 a.m. (New York Chicago time) on the proposed Borrowing Date, in the case of an Absolute Rate Auction (or, in either case upon reasonable prior notice to the Revolving Credit Lenders, such other time and date as the Borrower and the Administrative Agent may agree), the Borrower shall notify the Administrative Agent of its acceptance or rejection of the offers received by it pursuant to Section 2.3.4 or so notified to it pursuant to Section 2.3.5; provided, however, that the failure by the Borrower to give such notice to the Administrative Agent shall be deemed to be a rejection of all such offers. In the case of acceptance, such notice (a "Competitive Bid Borrowing Notice") shall specify the aggregate principal amount of offers for each Interest Period that are accepted and (if the Administrative Agent is not the Competitive Bid Agent) shall include copies of each Competitive Bid Quote that is accepted. The Borrower may accept any Competitive Bid Quote in whole or in part (subject to the terms of Section 2.3.4(b)(iv) and (vi2.3.4(ii)(d)); provided that:

Appears in 1 contract

Samples: Credit Agreement (Washington Natural Gas Co)

Acceptance and Notice by Borrower. Not later than (i) 11:00 a.m. 7:00 p.m. (New York time) at least three four Business Days prior to the proposed Borrowing Date, Date in the case of a Eurodollar Auction request for a Competitive LIBOR Margin or (ii) 11:00 a.m. (New York time) on the proposed Borrowing Date, in the case of a request for an Absolute Rate Auction (or, in either case upon reasonable prior notice to the Revolving Credit Lenders, such other time and date as the Borrower and the Administrative Agent may agree), the Borrower shall notify the Administrative Agent of its acceptance or rejection of the offers received by it pursuant to Section 2.3.4 or so notified submitted to it pursuant to Section 2.3.52.22(d); provided, however, that the failure by the Borrower to give such notice to the Administrative Agent shall be deemed to be a rejection of all such offers. In the case of acceptance, such notice (a "Competitive Bid Borrowing Notice”Request") shall specify the aggregate principal amount of offers for each Interest Period that are accepted and (if the applicable interest rate. The Administrative Agent is not shall immediately advise the Lenders making the accepted offers of the contents of the Competitive Bid Agent) shall include copies of each Competitive Bid Quote that is acceptedBorrowing Request. The Borrower may accept any Competitive Bid Quote in whole or in part (subject to the terms of Section 2.3.4(b)(iv) and (vi2.22(c)(iii)); provided that:

Appears in 1 contract

Samples: Credit Agreement (Developers Diversified Realty Corp)

Acceptance and Notice by Borrower. Not Subject to the receipt of the notice from the Administrative Agent referred to in Section 2.4.5, not later than (i) 11:00 a.m. (New York Chicago time) at least three Business Days prior to the proposed Borrowing Date, in the case of a Eurodollar Auction or (ii) 11:00 a.m. (New York Chicago time) on the proposed Borrowing Date, in the case of an Absolute Rate Auction (or, in either case upon reasonable prior notice to the Revolving Credit Lenders, such other time and date as the Borrower and the Administrative Agent may agree)Auction, the Borrower shall notify the Administrative Agent of its the Borrower's acceptance or rejection of the offers received by it pursuant to Section 2.3.4 or so notified to it pursuant to Section 2.3.52.4.5; provided, however, that the failure by the Borrower to give such notice to the Administrative Agent shall be deemed to be a rejection by the Borrower of all such offers. In the case of acceptance, such notice (a "Competitive Bid Borrowing Acceptance Notice") shall specify the aggregate principal amount of offers for each Interest Period that are accepted and (if the Administrative Agent is not the Competitive Bid Agent) shall include copies of each Competitive Bid Quote that is accepted. The Borrower may accept or reject any Competitive Bid Quote in whole or in part (subject to the terms of Section 2.3.4(b)(iv) and (vi)2.4.4(ii)(d); provided that:

Appears in 1 contract

Samples: Credit Agreement (Central Newspapers Inc)

Acceptance and Notice by Borrower. Not later than (i) 11:00 10:00 a.m. (New York Chicago time) at least three (3) Business Days prior to the proposed Borrowing Date, Date in the case of a Eurodollar Auction request for a Competitive LIBOR Margin or (ii) 11:00 10:00 a.m. (New York Chicago time) on the proposed Borrowing Date, in the case of a request for an Absolute Rate Auction (or, in either case upon reasonable prior notice to the Revolving Credit Lenders, such other time and date as the Borrower and the Administrative Agent may agree), the Borrower shall notify the Administrative Agent of its acceptance or rejection of the offers received by it pursuant to Section 2.3.4 or so notified to it pursuant to Section 2.3.52.15(e); provided, however, that the failure by the Borrower to give such notice to the Administrative Agent shall be deemed to be a rejection of all such offers. In the case of acceptance, such notice (a “Competitive Bid Borrowing Notice”) shall specify the aggregate principal amount of offers for each Interest Period that are accepted and (if the Administrative Agent is not the Competitive Bid Agent) shall include copies of each Competitive Bid Quote that is accepted. The Borrower may accept any Competitive Bid Quote in whole or in part (subject to the terms of Section 2.3.4(b)(iv) and (vi2.15(d)(iii)); provided that:

Appears in 1 contract

Samples: Revolving Credit Agreement (Duke Realty Corp)

Acceptance and Notice by Borrower. Not later than (i) 11:00 _________________________________ 10:00 a.m. (New York San Francisco time) at least three Business Days prior to the proposed Borrowing Date, in the case of a Eurodollar Auction Auction, or (ii) 11:00 10:00 a.m. (New York San Francisco time) on the proposed Borrowing Date, in the case of an Absolute Rate Auction (or, in either case upon reasonable prior notice to the Revolving Credit LendersBanks, such other time and date as the Borrower and the Administrative Agent may agree), the Borrower shall notify the Administrative Agent of its acceptance or rejection of the offers received by it pursuant to Section 2.3.4 or so notified to it pursuant to Section 2.3.5; provided, however, ________ _______ that the failure by the Borrower to give such notice to the Administrative Agent shall be deemed to be a rejection of all such offers. In the case of acceptance, such notice (a "Competitive Bid _______________ Borrowing Notice") shall specify the aggregate principal amount of ________________ offers for each Interest Period that are accepted and (if the Administrative Agent is not the Competitive Bid Agent) shall include copies of each Competitive Bid Quote that is accepted. The Borrower may accept any Competitive Bid Quote in whole or in part (subject to the terms of Section 2.3.4(b)(iv) and (vi)); provided that:: ________

Appears in 1 contract

Samples: Credit Agreement (Nike Inc)

Acceptance and Notice by Borrower. Not later than (i) 11:00 a.m. 6:00 p.m. (New York Chicago time) at least three four Business Days prior to the proposed Borrowing Date, Date in the case of a Eurodollar Auction request for a Competitive LIBOR Margin or (ii) 11:00 10:00 a.m. (New York Chicago time) on the proposed Borrowing Date, in the case of a request for an Absolute Rate Auction (or, in either case upon reasonable prior notice to the Revolving Credit Lenders, such other time and date as the Borrower and the Administrative Agent may agree), the Borrower shall notify the Administrative Agent of its acceptance or rejection of the offers received by it pursuant to Section 2.3.4 or so notified submitted to it pursuant to Section 2.3.5SECTION 2.23(d); providedPROVIDED, howeverHOWEVER, that the failure by the Borrower to give such notice to the Administrative Agent shall be deemed to be a rejection of all such offers. In the case of acceptance, such notice (a “Competitive Bid Borrowing Notice”"COMPETITIVE BID BORROWING NOTICE") shall specify the aggregate principal amount of offers for each Interest Period that are accepted and (if the applicable interest rate. The Administrative Agent is not shall immediately advise the Lenders making the accepted offers of the contents of the Competitive Bid Agent) shall include copies of each Competitive Bid Quote that is acceptedBorrowing Notice. The Borrower may accept any Competitive Bid Quote in whole or in part (subject to the terms of Section 2.3.4(b)(iv) and (viSECTION 2.23(c)(iii)); provided PROVIDED that:

Appears in 1 contract

Samples: Credit Agreement (Developers Diversified Realty Corp)

Acceptance and Notice by Borrower. Not later than (i) 11:00 a.m. A.M. (New York City time) at least three on the third (3rd) Business Days Day prior to the proposed date of Borrowing Date, in the case of a Eurodollar Auction (or (ii) 11:00 a.m. (New York time) on the proposed Borrowing Date, in the case of an Absolute Rate Auction (or, in either case upon reasonable prior notice to the Revolving Credit Lenders, such other time and or date as the Borrower and the Administrative Agent may agreeshall have mutually agreed and shall have notified the Lenders not later than the date of the Competitive Bid Quote Request for the first LIBOR Auction for which such change is to be effective), the Borrower shall telephonically notify the Administrative Agent of its acceptance or rejection non-acceptance of the offers received by it pursuant to Section 2.3.4 or so notified to it pursuant to Section 2.3.5; providedsubsection (e) of this Section, however, that the failure by and the Borrower to give shall confirm such notice telephonic notification in writing not later than the third (3rd) Business Day prior to the Administrative Agent shall be deemed to be a rejection proposed date of all such offersBorrowing. In the case of acceptance, such notice (a “Competitive Bid Borrowing Notice”) "NOTICE OF COMPETITIVE BID BORROWING"), whether telephonic or in writing, shall specify the aggregate principal amount of offers for each Eurodollar Interest Period that are accepted and shall be accompanied by an Officer's Certificate of the Borrower with respect to compliance with (if the Administrative Agent is not the Competitive Bid Agentincluding calculation of) shall include copies of each Competitive Bid Quote that is acceptedSections 10.11(a) and (e). The Borrower may accept any Competitive Bid Quote in whole or in part (subject to the terms of Section 2.3.4(b)(iv) and (vi))part; provided that:

Appears in 1 contract

Samples: Credit Agreement (Reckson Associates Realty Corp)

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