Common use of Bids Clause in Contracts

Bids. Each Bank may, in its sole discretion, offer to make a Bid Loan or Loans (a "Bid") to the Borrower responsive to the Bid Loan Request. Each Bid by a Bank must be received by the Agent by telephone not later than 9:00 a.m. (Chicago time) on the proposed Borrowing Date promptly confirmed in writing by a duly completed confirmation (a "Confirmation of Bid") delivered by telecopier or other means of facsimile communication substantially in the form of Exhibit E hereto or otherwise containing the information required by this subsection (c), to be received by the Agent on the same day; provided, however, that any Bid made by the Agent must be made by telephone to the Borrower by no later than 8:45 a.m. (Chicago time). Each Bid and each Confirmation of Bid shall refer to this Agreement and specify (i) the principal amount (which shall not be less than $5,000,000 and shall be an integral multiple of $1,000,000) of each Bid Loan that the Bank is willing to make to the Borrower, (ii) the interest rate (which shall be computed on the basis of a 360 day year and actual days elapsed for a period equal to the Interest Period applicable thereto) at which the Bank is prepared to make each Bid Loan, and (iii) the Interest Period applicable to each such offered Bid Loan. The Agent shall reject any Bid if such Bid (i) does not specify all of the information specified in the immediately preceding sentence, (ii) contains any qualifying, conditional, or similar language other than as provided for in the immediately preceding sentence, (iii) proposes terms other than or in addition to those set forth in the Bid Loan Request to which it responds other than as provided for in the immediately preceding sentence, or (iv) is received by the Agent later than 9:00 a.m. (Chicago time). Any Bid submitted by a Bank pursuant to this Section 1.7 shall be irrevocable and shall be promptly confirmed by a telecopy or other form of facsimile communication in the form of Exhibit E; provided that in all events the telephone Bid received by the Agent shall be binding on the relevant Bank and shall not be altered, modified, or in any other manner affected by any inconsistent terms contained in, or terms missing from, the Bank's Confirmation of Bid. Each offer contained in a Bid to make a Bid Loan in a certain amount, at a certain interest rate, and for a certain Interest Period is referred to herein as an "Offer".

Appears in 1 contract

Sources: Credit Agreement (Information Resources Inc)

Bids. Each Bank may, in its sole discretion, offer to make a Bid Loan or Loans (a "Bid") to the such Borrower responsive to the Bid Loan Request. Each Bid by a Bank must be received by the Agent by telephone not later than 9:00 9:30 a.m. (Chicago time) on the proposed Borrowing Date promptly confirmed in writing by a duly completed confirmation (a "Confirmation of Bid") Bid delivered by telecopier or other means of facsimile communication substantially in the form of Exhibit E hereto or otherwise containing the information required by this subsection (c) (a "Confirmation of Bid"), to be received by the Agent on the same day; provided, however, that any Bid made by the Agent must be made by telephone to the Borrower by no later than 8:45 9:15 a.m. (Chicago time). Each Bid and each Confirmation of Bid shall refer to this Agreement and specify (i) the principal amount (which shall not be less than $5,000,000 2,000,000 and shall be an integral multiple of $1,000,000500,000) of each Bid Loan that the Bank is willing to make to the such Borrower, (ii) the interest rate (which shall be computed on the basis of a 360 day year and actual days elapsed for a period equal to the Interest Period applicable thereto) at which the Bank is prepared to make each Bid Loan, Loan and (iii) the Interest Period applicable to each such offered Bid Loan. The Agent shall reject any Bid if such Bid (i) does not specify all of the information specified in the immediately preceding sentence, (ii) contains any qualifying, conditional, or similar language other than as provided for in the immediately preceding sentencelanguage, (iii) proposes terms other than or in addition to those set forth in the Bid Loan Request to which it responds other than as provided for in the immediately preceding sentenceresponds, or (iv) is received by the Agent later than 9:00 9:30 a.m. (Chicago time). Any Bid submitted by a Bank pursuant to this Section 1.7 3.2 shall be irrevocable and shall be promptly confirmed by a telecopy or other form of facsimile communication in the form of Exhibit E; provided that in all events the telephone Bid received by the Agent shall be binding on the relevant Bank and shall not be altered, modified, or in any other manner affected by any inconsistent terms contained in, or terms missing from, the Bank's Confirmation of Bid. Each offer contained in a Bid to make a Bid Loan in a certain amount, at a certain interest rate, and for a certain Interest Period is referred to herein as an "Offer".

Appears in 1 contract

Sources: Multicurrency Credit Agreement (Titan Wheel International Inc)

Bids. Each Bank may, in its sole discretion, offer to make a Bid Loan or Loans (a "BidBID") to the Borrower responsive to the Bid Loan Request. Each Bid by a Bank must be received by the Administrative Agent by telephone not later than (i) 9:00 a.m. (Chicago time) on the proposed Borrowing Date in the case of a Bid for a Stated Rate Loan and (ii) 11:00 a.m. (Chicago time) four (4) Business Days prior to the proposed Borrowing Date in the case of a Bid for a Eurodollar Loan, in each case promptly confirmed in writing by a duly completed confirmation (a "Confirmation of Bid") Bid delivered by telecopier or other means of facsimile communication substantially in the form of Exhibit E hereto or otherwise containing the information required by this subsection (c) (a "CONFIRMATION OF BID"), to be received by the Administrative Agent on the same day; providedPROVIDED, howeverHOWEVER, that any Bid made by the Administrative Agent must be made by telephone to the Borrower by no later than 8:45 a.m. (Chicago time)fifteen minutes prior to the time that Bids from the other Banks are required to be received. Each Bid and each Confirmation of Bid shall refer to this Agreement and specify (i) the principal amount (which shall not be less than $5,000,000 and shall be an integral multiple of $1,000,000) of each Bid Loan that the Bank is willing to make to the BorrowerBorrower and the type of Bid Loan (i.e., Stated Rate Bid Loan or Eurodollar Bid Loan), (ii) the interest rate (which shall be computed on the basis of a 360 day year and actual days elapsed for a period equal to the Interest Period applicable thereto) or spread above or below the applicable Adjusted LIBOR, in each case at which the Bank is prepared to make each Bid Loan, Loan and (iii) the Interest Period applicable to each such offered Bid Loan. The Administrative Agent shall reject any Bid if such Bid (i) does not specify all of the information specified in the immediately preceding sentence, (ii) contains any qualifying, conditional, or similar language other than as provided for in the immediately preceding sentencelanguage, (iii) proposes terms other than or in addition to those set forth in the Bid Loan Request to which it responds other than as provided for in the immediately preceding sentenceresponds, or (iv) is received by the Administrative Agent later than 9:00 a.m. (Chicago time)the time required for such Bid Loan. Any Bid submitted by a Bank pursuant to this Section 1.7 2.2 shall be irrevocable and shall be promptly confirmed by a telecopy or other form of facsimile communication in the form of Exhibit E; provided that PROVIDED THAT in all events the telephone Bid received by the Administrative Agent shall be binding on the relevant Bank and shall not be altered, modified, or in any other manner affected by any inconsistent terms contained in, or terms missing from, the Bank's Confirmation of Bid. Each offer contained in a Bid to make a Bid Loan in a certain amount, at a certain interest rate, and for a certain Interest Period is referred to herein as an "OfferOFFER".

Appears in 1 contract

Sources: Credit Agreement (Nash Finch Co)

Bids. Each Bank may, in its sole discretion, offer to make a Bid Loan loan or Bid Loans (a "Bid") to the relevant Borrower responsive to the Bid Loan Request. Each Bid by a Bank must be received by the Agent by telephone not later than 9:00 a.m. (Chicago time) on the proposed Borrowing Date promptly confirmed in writing by a duly completed confirmation (a "Confirmation of Bid") delivered by telecopier or other means of facsimile communication substantially in the form of Exhibit E H hereto or otherwise containing the information required by this subsection (c), to be received by the Agent on the same day; provided, however, that any Bid made by the Agent must be made by telephone to the relevant Borrower by no later than 8:45 a.m. (Chicago time). Each Bid and each Confirmation of Bid shall refer to this Agreement and specify (i) the principal amount (which shall not be less than $5,000,000 and shall be an integral multiple of $1,000,000) of each Bid Loan that the Bank is willing to make to the relevant Borrower, (ii) the interest rate (which shall be computed on the basis of a 360 day year and for the actual number of days elapsed for a period equal to the Interest Period applicable thereto) at which the Bank is prepared to make each Bid Loan, Loan and (iii) the Interest Period applicable to each such offered Bid Loan. The Agent shall reject any Bid if such Bid (i) does not specify all of the information specified in the immediately preceding sentence, (ii) contains any qualifying, conditional, or similar language other than as provided for in the immediately preceding sentencelanguage, (iii) proposes terms other than or in addition to those set forth in the Bid Loan Request to which it responds other than as provided for in the immediately preceding sentenceresponds, or (iv) is received by the Agent later than 9:00 a.m. (Chicago time). Any Bid submitted by a Bank pursuant to this Section 1.7 3.2 shall be irrevocable and shall be promptly confirmed by a telecopy or other form of facsimile communication in the form of Exhibit EH; provided that in all events the telephone Bid received by the Agent shall be binding on the relevant Bank and shall not be altered, modified, or in any other manner affected by any inconsistent terms contained in, or terms missing from, the Bank's Confirmation of Bid. Each offer contained in a Bid to make a Bid Loan in a certain amount, at a certain interest rate, and for a certain Interest Period is referred to herein as an "Offer".

Appears in 1 contract

Sources: Credit Agreement (Gallagher Arthur J & Co)

Bids. Each Bank may, in its sole discretion, offer to make a Bid Loan or Loans (a "Bid") to the such Borrower responsive to the Bid Loan Request. Each Bid by a Bank must be received by the Agent by telephone not later than 9:00 9:30 a.m. (Chicago time) on the proposed Borrowing Date promptly confirmed in writing by a duly completed confirmation (a "Confirmation of Bid") Bid delivered by telecopier or other means of facsimile communication substantially in the form of Exhibit E hereto or otherwise containing the information required by this subsection (c) (a "Confirmation of Bid"), to be received by the Agent on the same day; provided, however, that any Bid made by the Agent must be made by telephone to the Borrower Company (acting on behalf of the Borrowers) prior to any Bid by any other Bank by no later than 8:45 9:15 a.m. (Chicago time). Each Bid and each Confirmation of Bid shall refer to this Agreement and specify (i) the principal amount (which shall not be less than $5,000,000 2,000,000 and shall be an integral multiple of $1,000,000500,000) of each Bid Loan that the Bank is willing to make to the such Borrower, (ii) the interest rate (which shall be computed on the basis of a 360 day year and actual days elapsed for a period equal to the Interest Period applicable thereto) at which the Bank is prepared to make each Bid Loan, Loan and (iii) the Interest Period applicable to each such offered Bid Loan. The Agent shall reject any Bid if such Bid (i) does not specify all of the information specified in the immediately preceding sentence, (ii) contains ii)contains any qualifying, conditional, or similar language other than as provided for in the immediately preceding sentencelanguage, (iii) proposes terms other than or in addition to those set forth in the Bid Loan Request to which it responds other than as provided for in the immediately preceding sentenceresponds, or (iv) is received by the Agent later than 9:00 9:30 a.m. (Chicago time). Any Bid submitted by a Bank pursuant to this Section 1.7 3.2 shall be irrevocable and shall be promptly confirmed by a telecopy or other form of facsimile communication in the form of Exhibit E; provided that in all events the telephone Bid received by the Agent shall be binding on the relevant Bank and shall not be altered, modified, or in any other manner affected by any inconsistent terms contained in, or terms missing from, the Bank's Confirmation of Bid. Each offer contained in a Bid to make a Bid Loan in a certain amount, at a certain interest rate, and for a certain Interest Period is referred to herein as an "Offer".

Appears in 1 contract

Sources: Multicurrency Credit Agreement (Titan International Inc)