Common use of Acceptance and Notice by Borrower Clause in Contracts

Acceptance and Notice by Borrower. Not later than (i) 1:00 P.M. (New York City time) on the third Business Day prior to the proposed date of borrowing, in the case of a Fixed Rate Auction or (ii) 1:00 P.M. (New York City time) on the Business Day immediately preceding the proposed date of borrowing, in the case of a Floating Rate Auction, the Borrower shall notify the Agent (which shall give prompt notice thereof to the Lenders) of its acceptance or nonacceptance of the offers so notified to it pursuant to Section 2.13(c) substantially in the form of Exhibit G hereto; provided that if the Borrower shall fail to so notify the Agent by the times set forth above, the Borrower shall be deemed to have notified the Agent of its nonacceptance of each such offer. In the case of acceptance, each such notice shall specify the aggregate principal amount of offers that are accepted. The Borrower may accept any such offer in whole or in part; provided that:

Acceptance and Notice by Borrower. Not later than (i) 1:00 P.M. (New York City time) on the third Business Day prior to the proposed date of borrowing, in the case of a Fixed Rate Auction or (ii) 1:00 P.M. (New York City time) on the Business Day immediately preceding the proposed date of borrowing, in the case of a Floating Rate Auction, the Borrower shall notify the Administrative Agent (which shall give prompt notice thereof to the Lenders) of its acceptance or nonacceptance of the offers so notified to it pursuant to Section 2.13(c) substantially in the form of Exhibit G E hereto; provided that if the Borrower shall fail to so notify the Administrative Agent by the times set forth above, the Borrower shall be deemed to have notified the Administrative Agent of its nonacceptance of each such offer. In the case of acceptance, each such notice shall specify the aggregate principal amount of offers that are accepted. The Borrower may accept any such offer in whole or in part; provided that:

Acceptance and Notice by Borrower. Not later than (i) 1:00 P.M. 10:00 a.m. (New York City San Francisco time) on the third at least three Business Day Days prior to the proposed date of borrowingBorrowing Date, in the case of a Fixed Rate Auction Eurodollar Auction, or (ii) 1:00 P.M. 10:00 a.m. (New York City San Francisco time) on the Business Day immediately preceding the proposed date of borrowingBorrowing Date, in the case of a Floating an Absolute Rate AuctionAuction (or, in either case upon reasonable prior notice to the Banks, such other time and date as the Borrower and the Administrative Agent may agree), the Borrower shall notify the Administrative Agent (which shall give prompt notice thereof to the Lenders) of its acceptance or nonacceptance rejection of the offers so notified to it pursuant to Section 2.13(c) substantially in 2.3.5; provided, however, that the form of Exhibit G hereto; provided that if failure by the Borrower shall fail to so notify give such notice to the Administrative Agent by the times set forth above, the Borrower shall be deemed to have notified the Agent be a rejection of its nonacceptance of each all such offeroffers. In the case of acceptance, each such notice (a “Competitive Bid Borrowing Notice”) shall specify the aggregate principal amount of offers for each Interest Period that are accepted. The Borrower may accept any such offer Competitive Bid Quote in whole or in partpart (subject to the terms of Section 2.3.4(b)(iv)); provided provided, that:

Acceptance and Notice by Borrower. Not later than (ia) 1:00 P.M. 11:00 a.m. (New York City time) on the third at least three Business Day Days prior to the proposed date of borrowingBorrowing Date, in the case of a Fixed Rate Eurodollar Auction or (iib) 1:00 P.M. 11:00 a.m. (New York City time) on the Business Day immediately preceding the proposed date of borrowingBorrowing Date, in the case of a Floating an Absolute Rate AuctionAuction (or, in either case upon reasonable prior notice to the Lenders, such other time and date as the Requesting Borrower and the Agent may agree), the Requesting Borrower shall notify the Agent (which shall give prompt notice thereof to the Lenders) of its acceptance or nonacceptance rejection of the offers so notified to it pursuant to Section 2.13(c) substantially in 2.3.5; provided, however, that the form of Exhibit G hereto; provided that if failure by the Requesting Borrower shall fail to so notify give such notice to the Agent by the times set forth above, the Borrower shall be deemed to have notified the Agent be a rejection of its nonacceptance of each all such offeroffers. In the case of acceptance, each such notice (a “Competitive Bid Borrowing Notice”) shall specify the aggregate principal amount of offers for each Interest Period that are accepted. The Requesting Borrower may accept any such offer Competitive Bid Quote in whole or in partpart (subject to the terms of Section 2.3.4(b)(iv)); provided that:

Acceptance and Notice by Borrower. Not later than (i) 1:00 P.M. (New York City time) on the third Business Day prior to the proposed date of borrowing, in the case of a Fixed Rate Auction or (ii) 1:00 P.M. (New York City time) on the Business Day immediately preceding the proposed date of borrowing, in the case of a Floating Rate Auction, the Borrower shall notify the Agent (which shall give prompt notice thereof to the Lenders) of its acceptance or nonacceptance of the offers so notified to it pursuant to Section 2.13(c) substantially in the form of Exhibit G hereto; provided that if the Borrower shall fail to so notify the Agent by the times set forth above, the Borrower shall be deemed to have notified the Agent of its nonacceptance of each such offer. In the case of acceptance, each such notice shall specify the aggregate principal amount of offers that are accepted. The Borrower may accept any such offer in whole or in part; provided that:: BII\64959_5 26

Acceptance and Notice by Borrower. Not later than (i) 1:00 P.M. 7:00 p.m. (New York City time) at least four Business Days prior to the proposed Borrowing Date in the case of a request for a Competitive LIBOR Margin or (ii) 11:00 a.m. (New York time) on the third Business Day prior to the proposed date of borrowingBorrowing Date, in the case of a Fixed request for an Absolute Rate Auction or (ii) 1:00 P.M. (New York City time) on the Business Day immediately preceding the proposed date of borrowingor, in either case upon reasonable prior notice to the case of a Floating Rate AuctionLenders, such other time and date as the Borrower and the Administrative Agent may agree), the Borrower shall notify the Administrative Agent (which shall give prompt notice thereof to the Lenders) of its acceptance or nonacceptance rejection of the offers so notified to it pursuant to Section 2.13(c) substantially in 2.18(e); provided, however, that the form of Exhibit G hereto; provided that if failure by the Borrower shall fail to so notify give such notice to the Administrative Agent by the times set forth above, the Borrower shall be deemed to have notified the Agent be a rejection of its nonacceptance of each all such offeroffers. In the case of acceptance, each such notice (a “Competitive Bid Borrowing Notice”) shall specify the aggregate principal amount of offers for each Interest Period that are accepted. The Borrower may accept any such offer Competitive Bid Quote in whole or in partpart (subject to the terms of Section 2.18(d)(iii)); provided that:

Acceptance and Notice by Borrower. Not later than (i) 1:00 P.M. 7:00 p.m. (New York City time) at least four Business Days prior to the proposed Borrowing Date in the case of a request for a Competitive LIBOR Margin or (ii) 11:00 a.m. (New York time) on the third Business Day prior to the proposed date of borrowingBorrowing Date, in the case of a Fixed request for an Absolute Rate Auction or (ii) 1:00 P.M. (New York City time) on the Business Day immediately preceding the proposed date of borrowingor, in either case upon reasonable prior notice to the case of a Floating Rate AuctionLenders, such other time and date as the Borrower and the Administrative Agent may agree), the Borrower shall notify the Administrative Agent (which shall give prompt notice thereof to the Lenders) of its acceptance or nonacceptance rejection of the offers so notified to it pursuant to Section 2.13(c) substantially in 2.17(e); provided, however, that the form of Exhibit G hereto; provided that if failure by the Borrower shall fail to so notify give such notice to the Administrative Agent by the times set forth above, the Borrower shall be deemed to have notified the Agent be a rejection of its nonacceptance of each all such offeroffers. In the case of acceptance, each such notice (a “Competitive Bid Borrowing Notice”) shall specify the aggregate principal amount of offers for each Interest Period that are accepted. The Borrower may accept any such offer Competitive Bid Quote in whole or in partpart (subject to the terms of Section 2.17(d)(iii)); provided that: