Bid Acceptance Procedure Clause Samples
The Bid Acceptance Procedure clause outlines the process by which a submitted bid is formally reviewed and accepted by the party soliciting offers. Typically, this clause details the steps required for acceptance, such as notification methods, timeframes for response, and any conditions that must be met before a bid becomes binding. For example, it may specify that acceptance must be communicated in writing within a certain number of days after bid submission. The core function of this clause is to ensure clarity and certainty in the contracting process by establishing a clear and enforceable method for finalizing agreements based on submitted bids.
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Bid Acceptance Procedure. Not later than 11:00 A.M. (Central time) on the same Banking Day, Borrower shall provide to the Bid Agent by facsimile or electronic mail notice, in the form of Exhibit 3.4 hereto, of its acceptance or rejection of each of the Bids submitted to Borrower by the Bid Results Notice (“Bid Selection Notice”). In the case of each acceptance the Bid Selection Notice shall specify the aggregate principal amount of Bid Advances for each of the Bids that are accepted. Regardless of the amounts or interest rates bid by any Syndication Party, Borrower may accept or decline any Bid in whole or in part, provided that (a) the aggregate principal amount of Bid Advances accepted may not exceed the applicable amount set forth in the related Bid Request, and (b) Borrower may not accept any offer that fails to comply with this Article 3. Bids not accepted by 11:00 A.M. (Central time) will be irrevocably deemed to have been rejected by Borrower. No later than 12:00 noon (Central time) on the same Banking Day, the Bid Agent shall send, by facsimile or electronic mail, a copy of such Bid Selection Notice to the Administrative Agent and the Administrative Agent shall inform each Syndication Party which submitted a Bid of the acceptance or rejection of such Bid and if accepted the terms thereof.