Common use of Acceptance and Notice by Company Clause in Contracts

Acceptance and Notice by Company. Not later than (x) 9:00 a.m. (Chicago time) at least three (3) Business Days prior to the proposed Borrowing Date, in the case of a Eurocurrency Auction or (y) 10:00 a.m. (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 Lenders, such other time and date as the Company and the Administrative Agent may agree), the Company shall notify the Administrative Agent of its acceptance or rejection of the offers so notified to it pursuant to Section 2.1(E); provided, however, that the failure by the Company 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. The Company may accept any Competitive Bid Quote in whole or in part (subject to the terms of Section 2.1(D)(ii)(d)); provided that:

Appears in 2 contracts

Samples: Credit Agreement (American National Can Group Inc), Credit Agreement (American National Can Group Inc)

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Acceptance and Notice by Company. Not later than (xi) 9:00 a.m. 1:00 P.M. (Chicago New York City time) at least three (3) on the third Business Days Day prior to the proposed Borrowing Datedate of borrowing, in the case of a Eurocurrency Fixed Rate Auction or (yii) 10:00 a.m. 1:00 P.M. (Chicago New York City time) on the Business Day immediately preceding the proposed Borrowing Datedate of borrowing, in the case of an Absolute a Floating Rate Auction (or, in either case upon reasonable prior notice to the Lenders, such other time and date as the Company and the Administrative Agent may agree)Auction, the Company shall notify the Administrative Agent (which shall give prompt notice thereof to the Lenders) of its the relevant Borrower’s acceptance or rejection nonacceptance of the offers so notified to it pursuant to Section 2.1(E)2.13(c) substantially in the form of Exhibit E hereto; provided, however, provided that the failure by if the Company shall fail to give such notice to so notify the Administrative Agent by the times set forth above, the Company shall be deemed to be a rejection have notified the Administrative Agent of all the relevant Borrower’s nonacceptance of each such offersoffer. 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 Company relevant Borrower may accept any Competitive Bid Quote such offer in whole or in part (subject to the terms of Section 2.1(D)(ii)(d))part; provided that:

Appears in 2 contracts

Samples: Credit Agreement (Stanley Works), Credit Agreement (Stanley Works)

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Acceptance and Notice by Company. Not later than (x) 9:00 10:00 a.m. (Chicago New York time) at least three (3) Business Days prior to the proposed Borrowing Date, in the case of a Eurocurrency Auction or (y) 10:00 11:00 a.m. (Chicago 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 Lenders, such other time and date as the Company and the Administrative Agent may agree), the Company shall notify the Administrative Agent of its acceptance or rejection of the offers so notified to it pursuant to Section 2.1(E2.2(E); provided, however, that the failure by the Company 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. The Company may accept any Competitive Bid Quote in whole or in part (subject to the terms of Section 2.1(D)(ii)(d2.2(D)(ii)(d)); provided that:

Appears in 1 contract

Samples: Credit Agreement (Lanier Worldwide Inc)

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