Common use of Competitive Bid Procedure Clause in Contracts

Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, from time to time during the Availability Period the Company may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans; provided that the sum of the total Committed Credit Exposures plus the aggregate principal amount of outstanding Competitive Loans, at any time shall not exceed the Total Commitment. To request Competitive Bids, the Company shall notify the Administrative Agent of such request by telephone, in the case of a Eurodollar Borrowing, not later than 10:00 a.m., Charlotte, North Carolina, time, four Business Days before the date of the proposed Borrowing and, in the case of a Fixed Rate Borrowing, not later than 10:00 a.m., Charlotte, North Carolina, time, one Business Day before the date of the proposed Borrowing; provided that the Company may submit up to (but not more than) three Competitive Bid Requests on the same day, but a Competitive Bid Request shall not be made on any of the five Business Days next succeeding the date of any previous Competitive Bid Request, unless any and all such previous Competitive Bid Requests shall have been withdrawn or all Competitive Bids received in response thereto rejected. Each such telephonic Competitive Bid Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Competitive Bid Request signed by the Company. Each such telephonic and written Competitive Bid Request shall specify the following information in compliance with Section 2.02:

Appears in 5 contracts

Samples: Credit Agreement (Kinder Morgan Energy Partners L P), Credit Agreement (Kinder Morgan Energy Partners L P), Credit Agreement (Kinder Morgan Energy Partners L P)

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Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, from time to time during the Availability Period the Company Borrower may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans; provided that the sum of the total Committed Revolving Credit Exposures plus the aggregate principal amount of outstanding Competitive Loans, Loans at any time shall not exceed the Total Commitmenttotal Commitments. To request Competitive Bids, the Company Borrower shall notify the Administrative Agent of such request by telephone, in the case of a Eurodollar LIBOR Borrowing, not later than 10:00 11:00 a.m., Charlotte, North Carolina, New York City time, four Business Days before the date of the proposed Borrowing and, in the case of a Fixed Rate Borrowing, not later than 10:00 a.m., Charlotte, North Carolina, New York City time, one Business Day before the date of the proposed Borrowing; provided that the Company Borrower may submit up to (but not more than) three Competitive Bid Requests on the same day, but a Competitive Bid Request shall not be made on any of the within five Business Days next succeeding after the date of any previous Competitive Bid Request, unless any and all such previous Competitive Bid Requests shall have been withdrawn or all Competitive Bids received in response thereto rejected. Each such telephonic Competitive Bid Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Competitive Bid Request in a form approved by the Administrative Agent and signed by the CompanyBorrower. Each such telephonic and written Competitive Bid Request shall specify the following information in compliance with Section 2.02:

Appears in 5 contracts

Samples: Credit Agreement (McGraw-Hill Companies Inc), Assignment and Assumption (McGraw Hill Financial Inc), Day Credit Agreement (McGraw-Hill Companies Inc)

Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, from time to time during the Availability Period the Company Borrower may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans; provided that the sum of the total Committed Revolving Credit Exposures plus the aggregate principal amount of outstanding Competitive Loans, Loans at any time shall not exceed the Total Commitmenttotal Commitments. To request Competitive Bids, the Company Borrower shall notify the Administrative Agent of such request by telephone, in the case of a Eurodollar Borrowing, not later than 10:00 11:00 a.m., Charlotte, North Carolina, New York City time, four Business Days before the date of the proposed Borrowing and, in the case of a Fixed Rate Borrowing, not later than 10:00 11:00 a.m., Charlotte, North Carolina, New York City time, one Business Day before the date of the proposed Borrowing; provided that the Company Borrower may submit up to (but not more than) three five Competitive Bid Requests on the same day, but a Competitive Bid Request shall not be made on any of the within five Business Days next succeeding after the date of any previous Competitive Bid Request, unless any and all such previous Competitive Bid Requests shall have been withdrawn or all Competitive Bids received in response thereto rejected. Each such telephonic Competitive Bid Request shall be confirmed promptly by hand delivery or telecopy Telecopy to the Administrative Agent of a written Competitive Bid Request in a form approved by the Administrative Agent and signed by the CompanyBorrower. Each such telephonic and written Competitive Bid Request shall specify the following information in compliance with Section 2.02:

Appears in 4 contracts

Samples: Credit Agreement (Northrop Grumman Corp /De/), Credit Agreement (Northrop Grumman Corp /De/), 364 Day Credit Agreement (Northrop Grumman Corp /De/)

Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, from time to time during the Availability Period the Company Borrower may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans; provided that the sum of the total Committed Revolving Credit Exposures plus the aggregate principal amount of outstanding Competitive Loans, Loans at any time shall not exceed the Total Commitmenttotal Commitments. To request Competitive Bids, the Company Borrower shall notify the Administrative Agent of such request by telephone, in the case of a Eurodollar Borrowing, not later than 10:00 11:00 a.m., Charlotte, North Carolina, New York City time, four Business Days before the date of the proposed Borrowing and, in the case of a Fixed Rate Borrowing, not later than 10:00 11:00 a.m., Charlotte, North Carolina, New York City time, one Business Day before the date of the proposed Borrowing; provided that the Company Borrower may submit up to (but not more than) three Competitive Bid Requests on the same day, but a Competitive Bid Request shall not be made on any of the within five (5) Business Days next succeeding after the date of any previous Competitive Bid Request, unless any and all such previous Competitive Bid Requests shall have been withdrawn or all Competitive Bids received in response thereto rejected. Each such telephonic Competitive Bid Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Competitive Bid Request signed by the CompanyBorrower. Each such telephonic and written Competitive Bid Request shall specify the following information in compliance with Section 2.02:

Appears in 3 contracts

Samples: Year Revolving Credit Agreement (Enterprise Products Partners L P), Revolving Credit Agreement (Enterprise Products Partners L P), Credit Agreement (Enterprise Products Operating L P)

Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, from time to time during the Availability Period the Company Borrower may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans; provided that the sum of the total Committed Revolving Credit Exposures plus the aggregate principal amount of outstanding Competitive Loans, Loans at any time shall not exceed the Total Commitmenttotal Commitments. To request Competitive Bids, the Company Borrower shall notify the Administrative Agent of such request by telephone, in the case of a Eurodollar Borrowing, not later than 10:00 11:00 a.m., Charlotte, North Carolina, New York City time, four Business Days before the date of the proposed Borrowing and, in the case of a Fixed Rate Borrowing, not later than 10:00 a.m., Charlotte, North Carolina, New York City time, one Business Day before the date of the proposed Borrowing; provided that the Company Borrower may submit up to (but not more than) three Competitive Bid Requests on the same day, but a Competitive Bid Request shall not be made on any of the within five Business Days next succeeding after the date of any previous Competitive Bid Request, unless any and all such previous Competitive Bid Requests shall have been withdrawn or all Competitive Bids received in response thereto rejected. Each such telephonic Competitive Bid Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Competitive Bid Request in a form approved Table of Contents by the Administrative Agent and signed by the CompanyBorrower. Each such telephonic and written Competitive Bid Request shall specify the following information in compliance with Section 2.02:

Appears in 3 contracts

Samples: Credit Agreement (McGraw-Hill Companies Inc), Credit Agreement (McGraw-Hill Companies Inc), Credit Agreement (McGraw-Hill Companies Inc)

Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, from time to time during the Availability Period the Company Borrower may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans; provided that the sum of the total Committed Revolving Credit Exposures plus the aggregate principal amount of outstanding Competitive Loans, Loans at any time shall not exceed the Total Commitmenttotal Commitments. To request Competitive Bids, the Company Borrower shall notify the Administrative Agent of such request by telephone, in the case of a Eurodollar Borrowing, not later than 10:00 a.m.11: 00 a. m., Charlotte, North Carolina, New York City time, four Business Days before the date of the proposed Borrowing and, in the case of a Fixed Rate Borrowing, not later than 10:00 a.m.10: 00 a. m., Charlotte, North Carolina, New York City time, one Business Day before the date of the proposed Borrowing; provided that the Company Borrower may submit up to (but not more than) three Competitive Bid Requests on the same day, but a Competitive Bid Request shall not be made on any of the within five Business Days next succeeding after the date of any previous Competitive Bid Request, unless any and all such previous Competitive Bid Requests shall have been withdrawn or all Competitive Bids received in response thereto rejected. Each such telephonic Competitive Bid Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Competitive Bid Request in a form approved by the Administrative Agent and signed by the CompanyBorrower. Each such telephonic and written Competitive Bid Request shall specify the following information in compliance with Section 2.02:

Appears in 3 contracts

Samples: Credit Agreement (Ethan Allen Interiors Inc), Credit Agreement (Ethan Allen Interiors Inc), Credit Agreement (Ethan Allen Interiors Inc)

Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, from time to time during the Availability Period the Company Borrower may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans; provided that (1) the aggregate principal amount of outstanding Competitive Loans at any time shall not exceed $50,000,000, and (2) the sum of the total Committed Aggregate Revolving Credit Exposures plus the aggregate principal amount of outstanding Competitive Loans, Loans at any time shall not exceed the Total Aggregate Revolving Commitment. To request Competitive Bids, the Company Borrower shall notify the Administrative Agent of such request by telephone, in the case of a Eurodollar Borrowing, not later than 10:00 11:00 a.m., CharlotteDallas, North Carolina, Texas time, four Business Days before the date of the proposed Borrowing and, in the case of a Fixed Rate Borrowing, not later than 10:00 a.m., CharlotteDallas, North Carolina, Texas time, one Business Day before the date of the proposed Borrowing; provided that the Company Borrower may submit up to (but not more than) three two (2) Competitive Bid Requests on the same day, but a Competitive Bid Request shall not be made on any of the within five Business Days next succeeding after the date of any previous Competitive Bid Request, unless any and all such previous Competitive Bid Requests shall have been withdrawn or all Competitive Bids received in response thereto rejected. Each such telephonic Competitive Bid Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Competitive Bid Request signed in a form approved by the CompanyAdministrative Agent and executed by an Authorized Officer of the Borrower. Each such telephonic and written Competitive Bid Request shall specify the following information in compliance with Section 2.02:

Appears in 3 contracts

Samples: Credit Agreement (Trinity Marine Products, Inc.), Credit Agreement (Trinity Industries Inc), Credit Agreement (Trinity Industries Inc)

Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, from time to time during the Availability Period the Company Borrower may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans; provided that the sum of the total Committed Revolving Credit Exposures plus the aggregate principal amount of outstanding Competitive Loans, Loans at any time shall not exceed the Total Commitmenttotal Commitments. To request Competitive Bids, the Company Borrower shall notify the Administrative Agent of such request by telephone, in the case of a Eurodollar Borrowing, not later than 10:00 a.m., Charlotte, North Carolina, New York City time, four (4) Business Days before the date of the proposed Borrowing and, in the case of a Fixed Rate Borrowing, not later than 10:00 a.m., Charlotte, North Carolina, New York City time, one (1) Business Day before the date of the proposed Borrowing; provided that the Company Borrower may submit up to (but not more than) three two (2) Competitive Bid Requests on the same day, but a Competitive Bid Request shall not be made on any of the within five (5) Business Days next succeeding after the date of any previous Competitive Bid Request, unless any and all such previous Competitive Bid Requests shall have been withdrawn or all Competitive Bids received in response thereto rejected. Each such telephonic Competitive Bid Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Competitive Bid Request in a form approved by the Administrative Agent and signed by the CompanyBorrower. Each such telephonic and written Competitive Bid Request shall specify the following information in compliance with Section 2.02:

Appears in 2 contracts

Samples: Credit Agreement (Waddell & Reed Financial Inc), Credit Agreement (Waddell & Reed Financial Inc)

Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, from time to time during the Availability Period the Company Borrower may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans; provided that the sum of the total Committed Revolving Credit Exposures plus the aggregate principal amount of outstanding Competitive Loans, Loans at any time shall not exceed the Total Commitmenttotal Commitments. To request Competitive Bids, the Company Borrower shall notify the Administrative Agent of such request by telephone, in the case of a Eurodollar Borrowing, not later than 10:00 11:00 a.m., Charlotte, North Carolina, New York City time, four Business Days before the date of the proposed Borrowing and, in the case of a Fixed Rate Borrowing, not later than 10:00 a.m., Charlotte, North Carolina, New York City time, one Business Day before the date of the proposed Borrowing; provided that the Company Borrower may submit up to (but not more than) three Competitive Bid Requests on the same day, but a Competitive Bid Request shall not be made on any of the within five Business Days next succeeding after the date of any previous Competitive Bid Request, unless any and all such previous Competitive Bid Requests shall have been withdrawn or all Competitive Bids received in response thereto rejected. Each such telephonic Competitive Bid Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Competitive Bid Request in a form approved by the Agent and signed by the CompanyBorrower. Each such telephonic and written Competitive Bid Request shall specify the following information in compliance with Section 2.02:

Appears in 2 contracts

Samples: Credit Facility Agreement (Lee Sara Corp), Credit Facility Agreement (Lee Sara Corp)

Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, from time to time during the Availability Period the Company Borrower may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans; provided that the sum of the total Committed Revolving Credit Exposures plus the aggregate principal amount of outstanding Competitive Loans, Loans at any time shall not exceed the Total Commitmenttotal Commitments. To request Competitive Bids, the Company Borrower shall notify the Administrative Agent of such request by telephone, in the case of a Eurodollar Borrowing, not later than 10:00 11:00 a.m., Charlotte, North Carolina, New York City time, four Business Days before the date of the proposed Borrowing and, in the case of a Fixed Rate Borrowing, not later than 10:00 11:00 a.m., Charlotte, North Carolina, New York City time, one Business Day before the date of the proposed Borrowing; provided that the Company Borrower may submit up to (but not more than) three Competitive Bid Requests on the same day, but a Competitive Bid Request shall not be made on any of the within five Business Days next succeeding after the date of any previous Competitive Bid Request, unless any and all such previous Competitive Bid Requests shall have been withdrawn or all Competitive Bids received in response thereto rejected. Each such telephonic Competitive Bid Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Competitive Bid Request in a form approved by the Administrative Agent and signed by a Financial Officer of the CompanyBorrower. Each such telephonic and written Competitive Bid Request shall specify the following information in compliance with Section 2.02:

Appears in 2 contracts

Samples: Credit Facility Agreement (Sherwin Williams Co), Second Amendment and Restatement Agreement (Sherwin Williams Co)

Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, from time to time during the Availability Period the Company Borrower may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans; provided that the sum of the total Committed Revolving Credit Exposures plus the aggregate principal amount of outstanding Competitive Loans, Loans at any time shall not exceed the Total Commitmenttotal Commitments. To request Competitive Bids, the Company Borrower shall notify the Administrative Agent of such request by telephone, in the case of a Eurodollar Borrowing, not later than 10:00 11:00 a.m., Charlotte, North Carolina, New York City time, four Business Days before the date of the proposed Borrowing and, in the case of a Fixed Rate Borrowing, not later than 10:00 a.m., Charlotte, North Carolina, New York City time, one Business Day before the date of the proposed Borrowing; provided that the Company Borrower may submit up to (but not more than) three 5 Competitive Bid Requests on the same day, but a Competitive Bid Request shall not be made on any of the within five Business Days next succeeding after the date of any previous Competitive Bid Request, unless any and all such previous Competitive Bid Requests shall have been withdrawn or all Competitive Bids received in response thereto rejected. Each such telephonic Competitive Bid Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Competitive Bid Request in a form approved by the Administrative Agent and signed by the CompanyBorrower. Each such telephonic and written Competitive Bid Request shall specify the following information in compliance with Section 2.022.2:

Appears in 2 contracts

Samples: Day Credit Agreement (Fred Meyer Inc), Credit Agreement (Fred Meyer Inc)

Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, from time to time during the Availability Period period commencing on the Company Closing Date and ending on the date immediately prior to the Facility Termination Date the Borrower may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans; provided that the sum of the total Committed Aggregate Outstanding Credit Exposures plus the aggregate principal amount of outstanding Competitive Loans, Exposure at any time shall not exceed the Total Aggregate Commitment. To request Competitive Bids, the Company Borrower shall notify the Administrative Agent of such request by telephone, in the case of a Eurodollar BorrowingAdvance, not later than 10:00 11:00 a.m., Charlotte, North Carolina, New York time, four Business Days before the date of the proposed Borrowing Advance and, in the case of a Fixed Rate BorrowingAdvance, not later than 10:00 a.m., Charlotte, North Carolina, New York time, one Business Day before the date of the proposed BorrowingAdvance; provided that the Company Borrower may submit up to (but not more than) three two Competitive Bid Requests on the same day, but a Competitive Bid Request shall not be made on any of the within five Business Days next succeeding after the date of any previous Competitive Bid Request, unless any and all such previous Competitive Bid Requests shall have been withdrawn or all Competitive Bids received in response thereto rejected. Each such telephonic Competitive Bid Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Competitive Bid Request in a form approved by the Agent and signed by the CompanyBorrower. Each such telephonic and written Competitive Bid Request shall specify the following information in compliance with Section 2.02information:

Appears in 2 contracts

Samples: Credit Agreement (Union Electric Co), Credit Agreement (Union Electric Co)

Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, from time to time during the Availability Period the Company Borrower may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans; provided that the sum of the total Committed Revolving Credit Exposures plus the aggregate principal amount of outstanding Competitive Loans, Loans at any time shall not exceed the Total Commitmenttotal Commitments. To In order to request Competitive Bids, the Company Borrower shall notify the Administrative CAF Agent of such request by telephone, in the case of a Eurodollar Borrowing, not later than 10:00 11:00 a.m., Charlotte, North Carolina, New York time, four Business Days before the date of the proposed Borrowing and, in the case of a Fixed Rate Borrowing, not later than 10:00 a.m., Charlotte, North Carolina, New York time, one Business Day before the date of the proposed Borrowing; provided that the Company may submit up to (but not more than) three Competitive Bid Requests on the same day, but a Competitive Bid Request shall not be made on any of the within five Business Days next succeeding after the date of any previous Competitive Bid Request, unless any and all such previous Competitive Bid Requests shall have been withdrawn or all Competitive Bids received in response thereto rejected. Each such telephonic Competitive Bid Request shall be confirmed promptly by hand delivery or telecopy to the Administrative CAF Agent of a written Competitive Bid Request in a form approved by the CAF Agent and signed by the CompanyBorrower. Each such telephonic and written Competitive Bid Request shall specify the following information in compliance with Section 2.02:

Appears in 2 contracts

Samples: Credit Agreement (Belo Corp), Credit Agreement (Belo a H Corp)

Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, from time to time during the Availability Period Revolving Credit Period, the Company Borrower may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans; provided that the sum of the total Committed Credit Exposures plus including the aggregate principal amount of outstanding Competitive Loans, Loans at any time shall not exceed the Total Commitmenttotal Commitments. To request Competitive Bids, the Company Borrower shall notify the Administrative Agent of such request by telephonerequest, in the case of a Eurodollar Term Benchmark Borrowing, not later than 10:00 a.m.12:00 p.m., Charlotte, North Carolina, New York City time, four US Government Securities Business Days before the date of the proposed Borrowing and, in the case of a Fixed Rate Borrowing, not later than 10:00 a.m.12:00 p.m., Charlotte, North Carolina, New York City time, one Business Day before the date of the proposed Borrowing; provided that the Company Borrower may submit up to (but not more than) three five Competitive Bid Requests on the same day, but a Competitive Bid Request shall not be made on any of the within five Business Days next succeeding after the date of any previous Competitive Bid Request, unless any and all such previous Competitive Bid Requests shall have been withdrawn or all Competitive Bids received in response thereto rejected. Each such telephonic Competitive Bid Request shall be confirmed promptly made by hand delivery or telecopy to the Administrative Agent of a written Competitive Bid Request in a form approved by the Administrative Agent and signed by the CompanyBorrower (or by telephone if confirmed promptly by such delivery of a written Competitive Bid request). Each such telephonic and written Competitive Bid Request shall specify the following information in compliance with Section 2.02:

Appears in 2 contracts

Samples: Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/)

Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, from time to time during the Availability Period the Company Borrower may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans; provided that the sum of the total Committed Revolving Credit Exposures plus the aggregate principal amount of outstanding Competitive Loans, Loans at any time shall not exceed the Total Commitmenttotal Commitments. To request Competitive Bids, the Company Borrower shall notify the Administrative Agent of such request by telephone, in the case of a Eurodollar Borrowing, not later than 10:00 11:00 a.m., Charlotte, North Carolina, New York City time, four Business Days before the date of the proposed Borrowing and, in the case of a Fixed Rate Borrowing, not later than 10:00 a.m., Charlotte, North Carolina, New York City time, one Business Day before the date of the proposed Borrowing; provided that the Company Borrower may submit up to (but not more than) three two Competitive Bid Requests on the same day, but a Competitive Bid Request shall not be made on any of the within five Business Days next succeeding after the date of any previous Competitive Bid Request, unless any and all such previous Competitive Bid Requests shall have been withdrawn or all Competitive Bids received in response thereto rejected. Each such telephonic Competitive Bid Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Competitive Bid Request in a form approved by the Administrative Agent and signed by the CompanyBorrower. Each such telephonic and written Competitive Bid Request shall specify the following information in compliance with Section 2.02:

Appears in 2 contracts

Samples: Hubbell Incorporated Credit Agreement (Hubbell Inc), Credit Agreement (Hubbell Inc)

Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, from time to time during the Availability Period the Company Borrower may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans; provided that the sum of the total Committed Revolving Credit Exposures plus the aggregate principal amount of outstanding Competitive Loans, Loans at any time shall not exceed the Total CommitmentCommitments. To request Competitive Bids, the Company Borrower shall notify the Administrative Agent of such request by telephone, in the case of a Eurodollar Borrowing, not later than 10:00 11:00 a.m., Charlotte, North Carolina, New York City time, four Business Days before the date of the proposed Borrowing and, in the case of a Fixed Rate Borrowing, not later than 10:00 a.m., Charlotte, North Carolina, New York City time, one Business Day before the date of the proposed Borrowing; provided that the Company Borrower may submit up to (but not more than) three Competitive Bid Requests on the same day, but a Competitive Bid Request shall not be made on any of the within five Business Days next succeeding after the date of any previous Competitive Bid Request, unless any and all such previous Competitive Bid Requests shall have been withdrawn or all Competitive Bids received in response thereto rejected. Each such telephonic Competitive Bid Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Competitive Bid Request in a form approved by the Administrative Agent and signed by the CompanyBorrower. Each such telephonic and written Competitive Bid Request shall specify the following information in compliance with Section 2.02:

Appears in 2 contracts

Samples: Credit Agreement (Macy's, Inc.), Credit Agreement (Macy's, Inc.)

Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, from time to time during the Competitive Bid Availability Period the Company Borrower may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans; provided that the sum of the total Committed Revolving Credit Exposures plus the aggregate principal amount of outstanding Competitive Loans, at any time Loans shall not exceed the Total Commitmenttotal Commitments. To request Competitive Bids, the Company Borrower shall notify the Administrative Agent of such request by telephone, in the case of a Eurodollar Borrowing, not later than 10:00 11:00 a.m., Charlotte, North Carolina, New York City time, four Business Days before the date of the proposed Borrowing and, in the case of a Fixed Rate Borrowing, not later than 10:00 a.m., Charlotte, North Carolina, New York City time, one Business Day before the date of the proposed Borrowing; provided that the Company Borrower may submit up to (but not no more than) three than one Competitive Bid Requests Request on the same day, but day and a Competitive Bid Request shall not be made on any of the within five Business Days next succeeding after the date of any previous Competitive Bid Request, unless any and all such previous Competitive Bid Requests shall have been withdrawn or all Competitive Bids received in response thereto rejected. Each such telephonic Competitive Bid Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Competitive Bid Request in a form approved by the Administrative Agent and signed by the CompanyBorrower. Each such telephonic and written Competitive Bid Request shall specify the following information in compliance with Section 2.02:

Appears in 2 contracts

Samples: Bridge Facility Agreement (Convergys Corp), Bridge Facility Agreement (Convergys Corp)

Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, from time to time during the Availability Period the Company Borrower may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans; provided that the sum of the total Committed Revolving Credit Exposures plus the aggregate principal amount of outstanding Competitive Loans, Loans at any time shall not exceed the Total Commitmenttotal Commitments. To request Competitive Bids, the Company Borrower shall notify the Administrative Agent of such request by telephone, in the case of a Eurodollar Borrowing, not later than 10:00 11:00 a.m., Charlotte, North Carolina, New York City time, four Business Days before the date of the proposed Borrowing and, in the case of a Fixed Rate Borrowing, not later than 10:00 11:00 a.m., Charlotte, North Carolina, New York City time, one Business Day before the date of the proposed Borrowing; provided that the Company Borrower may submit up to (but not more than) three five Competitive Bid Requests on the same day, but a Competitive Bid Request shall not be made on any of the within five Business Days next succeeding after the date of any previous Competitive Bid Request, unless any and all such previous Competitive Bid Requests shall have been withdrawn or all Competitive Bids received in response thereto rejected. Each such telephonic Competitive Bid Request shall be confirmed promptly by hand delivery or telecopy Electronic Transmission to the Administrative Agent of a written Competitive Bid Request in a form approved by the Administrative Agent and signed by the CompanyBorrower. Each such telephonic and written Competitive Bid Request shall specify the following information in compliance with Section 2.02:

Appears in 2 contracts

Samples: Credit Agreement (Northrop Grumman Corp /De/), Credit Agreement (Northrop Grumman Corp /De/)

Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, from time to time during the Availability Period the Company Borrower may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans; provided that the sum of the total Committed Revolving Credit Exposures plus the aggregate principal amount of outstanding total Competitive Loans, Loan Exposures at any time shall not exceed the Total Commitmenttotal Commitments. To request Competitive Bids, the Company a Borrower shall notify the Administrative Agent of such request by telephone, in the case of a Eurodollar Eurocurrency Borrowing, not later than 10:00 11:00 a.m., Charlotte, North Carolina, New York City time, four Business Days before the date of the proposed Borrowing and, in the case of a Fixed Rate Borrowing, not later than 10:00 a.m., Charlotte, North Carolina, New York City time, one Business Day before the date of the proposed Borrowing; provided that the Company Borrower may submit up to (but not more than) three Competitive Bid Requests on the same day, but a Competitive Bid Request shall not be made on any of the within five Business Days next succeeding after the date of any previous Competitive Bid Request, unless any and all such previous Competitive Bid Requests shall have been withdrawn or all Competitive Bids received in response thereto rejected. Each such telephonic Competitive Bid Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Competitive Bid Request in a form approved by the Administrative Agent and signed by the CompanyBorrower. Each such telephonic and written Competitive Bid Request shall specify the following information in compliance with Section 2.02:

Appears in 2 contracts

Samples: Credit Agreement (Nielsen Media Research Inc), Credit Agreement (Nielsen Media Research Inc)

Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, from time to time during the Availability Period the Company Borrower may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans; provided that the sum aggregate Revolving Credit Exposure of the total Committed Credit Exposures all Lenders plus the aggregate principal amount of all outstanding Competitive Loans, Loans at any time shall not exceed the Total Commitmenttotal Commitments. To request Competitive Bids, the Company Borrower shall notify the Administrative Agent of such request by telephone, in the case of a Eurodollar Borrowing, not later than 10:00 11:00 a.m., Charlotte, North Carolina, New York City time, four Business Days before the date of the proposed Borrowing and, in the case of a Fixed Rate Borrowing, not later than 10:00 a.m., Charlotte, North Carolina, New York City time, one Business Day before the date of the proposed Borrowing; provided that the Company Borrower may submit up to (but not more than) three Competitive Bid Requests on the same day, but a Competitive Bid Request shall not be made on any of the within five Business Days next succeeding after the date of any previous Competitive Bid Request, unless any and all such previous Competitive Bid Requests shall have been withdrawn or all Competitive Bids received in response thereto rejected. Each such telephonic Competitive Bid Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Competitive Bid Request in a form approved by the Administrative Agent and signed by the CompanyBorrower. Each such telephonic and written Competitive Bid Request shall specify the following information in compliance with Section 2.02:

Appears in 2 contracts

Samples: Credit Agreement (Delhaize Group), Credit Agreement (Delhaize America Inc)

Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, from time to time during the Availability Period the Company any Borrower may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans, in each case denominated in US Dollars or any Designated Foreign Currency (other than Australian Dollars); provided that after giving effect to any Borrowing of Competitive Loans the sum of the total Committed Credit Revolving Exposures plus and the aggregate principal amount of outstanding total Competitive Loans, at any time Loan Exposures shall not exceed the Total Commitmenttotal Commitments. To request Competitive Bids, the Company or the applicable Borrowing Subsidiary shall notify the Administrative Applicable Agent of such request by telephone, in the case of a Eurodollar Eurocurrency Borrowing, not later than 10:00 11:00 a.m., Charlotte, North Carolina, timeLocal Time, four Business Days before the date of the proposed Borrowing and, in the case of a Fixed Rate Borrowing, not later than 10:00 a.m., Charlotte, North Carolina, timeLocal Time, one Business Day before the date of the proposed Borrowing; provided that the Company Borrowers may submit up to (but not more than) three Competitive Bid Requests on the same day, but a Competitive Bid Request shall not be made on any of the within five Business Days next succeeding after the date of any previous Competitive Bid Request, unless any and all such previous Competitive Bid Requests shall have been withdrawn or all Competitive Bids received in response thereto rejected. Each such telephonic Competitive Bid Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Applicable Agent of a written Competitive Bid Request in a form approved by the Applicable Agent and signed by the Companyrelevant Borrower. Each such telephonic and written Competitive Bid Request shall specify the following information in compliance with Section 2.02:

Appears in 2 contracts

Samples: Credit Agreement (Valspar Corp), Credit Agreement (Valspar Corp)

Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, from time to time during the Availability Period the Company Borrower may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans; provided that the sum of the total Committed Revolving Credit Exposures plus the aggregate principal amount of outstanding Competitive Loans, Loans at any time shall not exceed the Total Commitmenttotal Commitments. To request Competitive Bids, the Company Borrower shall notify the Administrative Payment Agent of such request by telephone, in the case of a Eurodollar Borrowing, not later than 10:00 11:00 a.m., Charlotte, North Carolina, New York City time, four Business Days before the date of the proposed Borrowing and, in the case of a Fixed Rate Borrowing, not later than 10:00 11:00 a.m., Charlotte, North Carolina, New York City time, one Business Day before the date of the proposed Borrowing; provided that the Company Borrower may submit up to (but not more than) three five Competitive Bid Requests on the same day, but a Competitive Bid Request shall not be made on any of the within five Business Days next succeeding after the date of any previous Competitive Bid Request, unless any and all such previous Competitive Bid Requests shall have been withdrawn or all Competitive Bids received in response thereto rejected. Each such telephonic Competitive Bid Request shall be confirmed promptly by hand delivery or telecopy Telecopy to the Administrative Payment Agent of a written Competitive Bid Request in a form approved by the Payment Agent and signed by the CompanyBorrower. Each such telephonic and written Competitive Bid Request shall specify the following information in compliance with Section 2.02:

Appears in 2 contracts

Samples: Credit Agreement (Northrop Grumman Corp /De/), Credit Agreement (Northrop Grumman Corp /De/)

Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, from time to time during the Availability Period the Company Borrower may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans; provided that the sum of the total Committed Revolving Credit Exposures plus the aggregate principal amount of outstanding Competitive Loans, Loans at any time shall not exceed the Total Commitmenttotal Commitments. To request Competitive Bids, the Company Borrower shall notify the Administrative Agent of such request by telephone, in the case of a Eurodollar Borrowing, not later than 10:00 11:00 a.m., Charlotte, North Carolina, New York City time, four Business Days before the date of the proposed Borrowing and, in the case of a Fixed Rate Borrowing, not later than 10:00 a.m., Charlotte, North Carolina, New York City time, one Business Day before the date of the proposed Borrowing; provided that the Company Borrower may submit up to (but not more than) three 3 Competitive Bid Requests on the same day, but a Competitive Bid Request shall not be made on any of the within five Business Days next succeeding after the date of any previous Competitive Bid Request, unless any and all such previous Competitive Bid Requests shall have been withdrawn or all Competitive Bids received in response thereto rejected. Each such telephonic Competitive Bid Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Competitive Bid Request in a form approved by the Administrative Agent and signed by the CompanyBorrower. Each such telephonic and written Competitive Bid Request shall specify the following information in compliance with Section 2.02:

Appears in 2 contracts

Samples: Credit Agreement (McGraw-Hill Companies Inc), Credit Agreement (McGraw-Hill Companies Inc)

Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, from time to time during the Availability Period the Company may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans; provided that the sum of the total Committed Revolving Credit Exposures plus the aggregate principal amount of outstanding Competitive Loans, Loans at any time shall not exceed the Total Commitmentaggregate amount of the Lenders' Commitments. To request Competitive Bids, the Company shall notify the Administrative Agent of such request by telephone, in the case of a Eurodollar Borrowing, not later than 10:00 11:00 a.m., Charlotte, North Carolina, New York City time, four Business Days before the date of the proposed Borrowing and, in the case of a Fixed Rate Borrowing, not later than 10:00 a.m., Charlotte, North Carolina, New York City time, one Business Day before the date of the proposed Borrowing; provided that the Company may submit up to (but not more than) three Competitive Bid Requests on the same day, but a Competitive Bid Request shall not be made on any of the within five Business Days next succeeding after the date of any previous Competitive Bid Request, unless any and all such previous Competitive Bid Requests shall have been withdrawn or all Competitive Bids received in response thereto rejected. Each such telephonic Competitive Bid Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Competitive Bid Request in a form approved by the Administrative Agent and signed by the Company. Each such telephonic and written Competitive Bid Request shall specify the following information in compliance with Section 2.02:

Appears in 1 contract

Samples: Credit Agreement (General Cable Corp /De/)

Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, from time to time during the Availability Period the Company any Borrower may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans; provided that the sum of the total Committed Revolving Credit Exposures plus the aggregate principal amount of outstanding Competitive Loans, Loans at any time shall not exceed the Total Commitmenttotal Commitments. To request Competitive Bids, the Company a Borrower shall notify the Administrative Agent of such request by telephone, in the case of a Eurodollar Borrowing, not later than 10:00 11:00 a.m., Charlotte, North Carolina, New York City time, four Business Days before the date of the proposed Borrowing and, in the case of a Fixed Rate Borrowing, not later than 10:00 a.m., Charlotte, North Carolina, New York City time, one Business Day before the date of the proposed Borrowing; provided that the Company Borrowers may submit up to (but not more than) three Competitive Bid Requests on the same day, but a Competitive Bid Request shall not be made on any of the within five Business Days next succeeding after the date of any previous Competitive Bid Request, unless any and all such previous Competitive Bid Requests shall have been withdrawn or all Competitive Bids received in response thereto rejected. Each such telephonic Competitive Bid Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Competitive Bid Request in a form approved by the Administrative Agent and signed by the Companyapplicable Borrower. Each such telephonic and written Competitive Bid Request shall specify the following information in compliance with Section 2.02:

Appears in 1 contract

Samples: Credit Agreement (Unocal Corp)

Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, from time to time during the Availability Period the Company Borrower may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans; provided that the sum of the total Committed Revolving Credit Exposures plus the aggregate principal amount of outstanding Competitive Loans, Loans at any time shall not exceed the Total Commitmenttotal Commitments. To request Competitive Bids, the Company Borrower shall notify the Administrative Agent of such request by telephone, in the case of a Eurodollar Borrowing, not later than 10:00 11:30 a.m., Charlotte, North Carolina, New York City time, four Business Days before the date of the proposed Borrowing and, in the case of a Fixed Rate Borrowing, not later than 10:00 11:30 a.m., Charlotte, North Carolina, New York City time, one Business Day before the date of the proposed Borrowing; provided that the Company Borrower may submit up to (but not more than) three Competitive Bid Requests on the same day, but a Competitive Bid Request shall not be made on any of the within five Business Days next succeeding after the date of any previous Competitive Bid Request, unless any and all such previous Competitive Bid Requests shall have been withdrawn or all Competitive Bids received in response thereto rejected. Each such telephonic Competitive Bid Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Competitive Bid Request in a form approved by the Administrative Agent and signed by the CompanyBorrower. Each such telephonic and written Competitive Bid Request shall specify the following information in compliance with Section 2.02:written

Appears in 1 contract

Samples: Credit Agreement (Gatx Financial Corp)

Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, from time to time during the Availability Period the Company Borrower may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans; provided that (a) the aggregate principal amount of outstanding Competitive Loans at any time shall not exceed $100,000,000, and (b) the sum of the total Committed Credit Exposures plus the aggregate principal amount of outstanding Competitive Loans, Loans at any time shall not exceed the Total Commitmenttotal Commitments. To request Competitive Bids, the Company Borrower shall notify the Administrative Agent of such request by telephone, in the case of a Eurodollar Borrowing, not later than 10:00 11:00 a.m., CharlotteDallas, North Carolina, Texas time, four Business Days before the date of the proposed Borrowing and, in the case of a Fixed Rate Borrowing, not later than 10:00 a.m., CharlotteDallas, North Carolina, Texas time, one Business Day before the date of the proposed Borrowing; provided that the Company Borrower may submit up to (but not more than) three two (2) Competitive Bid Requests on the same day, but a Competitive Bid Request shall not be made on any of the within five Business Days next succeeding after the date of any previous Competitive Bid Request, unless any and all such previous Competitive Bid Requests shall have been withdrawn or all Competitive Bids received in response thereto rejected. Each such telephonic Competitive Bid Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Competitive Bid Request signed in a form approved by the CompanyAdministrative Agent and executed by an Authorized Officer of the Borrower. Each such telephonic and written Competitive Bid Request shall specify the following information in compliance with Section 2.02:

Appears in 1 contract

Samples: Credit Agreement (Trinity Industries Inc)

Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, from time to time during the Availability Period the Company Borrower may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans; provided that the sum of the total Committed Revolving Credit Exposures plus the aggregate principal amount of outstanding Competitive Loans, Loans at any time shall not exceed the Total CommitmentAggregate Commitments. To request Competitive Bids, the Company Borrower shall notify the Administrative Agent of such request by telephone, in the case of a Eurodollar Borrowing, not later than 10:00 1 l :00 a.m., Charlotte, North Carolina, New York City time, four Business Days before the date of the proposed Borrowing and, in the case of a Fixed Rate Borrowing, not later than 10:00 a.m., Charlotte, North Carolina, New York City time, one Business Day before the date of the proposed Borrowing; provided that the Company Borrower may submit up to (but not more than) three Competitive Bid Requests on the same day, but a Competitive Bid Request shall not be made on any of the within five Business Days next succeeding after the date of any previous Competitive Bid Request, unless any and all such previous Competitive Bid Requests shall have been withdrawn or all Competitive Bids received in response thereto rejected. Each such telephonic Competitive Bid Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Competitive Bid Request in a form approved by the Administrative Agent and signed by the CompanyBorrower. Each such telephonic and written Competitive Bid Request shall specify the following information in compliance with Section 2.02:

Appears in 1 contract

Samples: Credit Agreement (Nisource Inc)

Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, from time to time during the Availability Period the Company Borrower may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans; provided that the sum of the total Committed Revolving Credit Exposures plus the aggregate principal amount of outstanding Competitive Loans, Loans at any time shall not exceed the Total Commitmenttotal Commitments. To request Competitive Bids, the Company Borrower shall notify the Administrative Agent of such request by telephone, in the case of a Eurodollar Borrowing, not later than 10:00 a.m.12:00 noon, Charlotte, North Carolina, New York City time, four Business Days before the date of the proposed Borrowing and, in the case of a Fixed Rate Borrowing, not later than 10:00 a.m., Charlotte, North Carolina, New York City time, one Business Day before the date of the proposed Borrowing; provided that the Company Borrower may submit up to (but not more than) three two Competitive Bid Requests on the same day, but a Competitive Bid Request shall not be made on any of the within five Business Days next succeeding after the date of any previous Competitive Bid Request, unless any and all such previous Competitive Bid Requests shall have been withdrawn or all Competitive Bids received in response thereto rejected. Each such telephonic Competitive Bid Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Competitive Bid Request in a form approved by the Administrative Agent and signed by the CompanyBorrower. Each such telephonic and written Competitive Bid Request shall specify the following information in compliance with Section 2.02:

Appears in 1 contract

Samples: Credit Agreement (ACA Capital Holdings Inc)

Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, from time to time during the Availability Period the Company Borrower may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans; provided that the sum of the total Committed Revolving Credit Exposures plus the aggregate principal amount of outstanding Competitive Loans, Loans at any time shall not exceed the Total Commitmenttotal Commitments. To request Competitive Bids, the Company Borrower shall notify the Administrative Agent of such request by telephone, in the case of a Eurodollar Borrowing, not later than 10:00 a.m.12:00 noon, Charlotte, North Carolina, New York City time, four Business Days before the date of the proposed Borrowing and, in the case of a Fixed Rate Borrowing, not later than 10:00 a.m., Charlotte, North Carolina, New York City time, one Business Day before the date of the proposed Borrowing; provided that the Company Borrower may submit up to (but not more than) three 2 Competitive Bid Requests on the same day, but a Competitive Bid Request shall not be made on any of the within five Business Days next succeeding after the date of any previous Competitive Bid Request, unless any and all such previous Competitive Bid Requests shall have been withdrawn or all Competitive Bids received in response thereto rejected. Each such telephonic Competitive Bid Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Competitive Bid Request in a form approved by the Administrative Agent and signed by the CompanyBorrower. Each such telephonic and written Competitive Bid Request shall specify the following information in compliance with Section 2.02:

Appears in 1 contract

Samples: Credit Agreement (ACA Capital Holdings Inc)

Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, from time to time during the Availability Period the Company Borrower may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans; provided that the sum of the total Committed Revolving Credit Exposures plus the aggregate principal amount of outstanding Competitive Loans, Loans at any time shall not exceed the Total Commitmenttotal Commitments. To request Competitive Bids, the Company Borrower shall notify the Administrative Agent of such request by telephone, in the case of a Eurodollar Borrowing, not later than 10:00 11:00 a.m., Charlotte, North Carolina, New York City time, four Business Days before the date of the proposed Borrowing and, in the case of a Fixed Rate Borrowing, not later than 10:00 11:00 a.m., Charlotte, North Carolina, New York City time, one Business Day before the date of the proposed Borrowing; provided that the Company Borrower may submit up to (but not more than) three Competitive Bid Requests on the same day, but a Competitive Bid Request shall not be made on any of the within five (5) Business Days next succeeding after the date of any previous Competitive Bid Request, unless any and all such previous Competitive Bid Requests shall have been withdrawn or all Competitive Bids received in response thereto rejected. Each such telephonic Competitive Bid Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Competitive Bid Request signed by the Company. Each such telephonic and written Competitive Bid Request shall specify the following information in compliance with Section 2.02:the

Appears in 1 contract

Samples: Revolving Credit Agreement (Duncan Energy Partners L.P.)

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Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, from time to time during the Availability Period the Company may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans; provided that after giving effect to any Borrowing of Competitive Loans the sum of the total Committed Revolving Credit Exposures plus the aggregate principal amount of outstanding total Competitive Loans, at any time Loans shall not exceed the Total Commitmenttotal Commitments. To request Competitive Bids, the Company shall notify the Administrative Agent of such request by telephonetelephone or by telecopy, in the case of a Eurodollar Borrowing, not later than 10:00 11:00 a.m., Charlotte, North Carolina, New York City time, four Business Days before the date of the proposed Borrowing and, in the case of a Fixed Rate Borrowing, not later than 10:00 a.m., Charlotte, North Carolina, New York City time, one Business Day before the date of the proposed Borrowing; provided that the Company may submit up to (but not more than) three five Competitive Bid Requests on the same day, but a Competitive Bid Request shall not be made on any of the within five Business Days next succeeding after the date of any previous Competitive Bid Request, unless any and all such previous Competitive Bid Requests shall have been withdrawn or all Competitive Bids received in response thereto rejected. Each such telephonic Competitive Bid Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Competitive Bid Request in a form approved by the Administrative Agent and signed by the Company. Each such telephonic and written Competitive Bid Request shall specify the following information in compliance with Section 2.02:

Appears in 1 contract

Samples: Bridge Credit Agreement (Kellogg Co)

Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, from time to time during the Availability Period the Company Borrower may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans; provided that the sum of the total Committed Revolving Credit Exposures plus the aggregate principal amount of outstanding Competitive Loans, Loans at any time shall not exceed the Total Commitmenttotal Commitments. To In order to request Competitive Bids, the Company Borrower shall notify the Administrative CAF Agent of such request by telephone, in the case of a Eurodollar Borrowing, not later than 10:00 11:00 a.m., Charlotte, North Carolina, Dallas time, four Business Days before the date of the proposed Borrowing and, in the case of a Fixed Rate Borrowing, not later than 10:00 a.m., Charlotte, North Carolina, Dallas time, one Business Day before the date of the proposed Borrowing; provided that the Company may submit up to (but not more than) three Competitive Bid Requests on the same day, but a Competitive Bid Request shall not be made on any of the within five Business Days next succeeding after the date of any previous Competitive Bid Request, unless any and all such previous Competitive Bid Requests shall have been withdrawn or all Competitive Bids received in response thereto rejected. Each such telephonic Competitive Bid Request shall be confirmed promptly by hand delivery or telecopy to the Administrative CAF Agent of a written Competitive Bid Request in a form approved by the CAF Agent and signed by the CompanyBorrower. Each such telephonic and written Competitive Bid Request 22 18 shall specify the following information in compliance with Section 2.02:

Appears in 1 contract

Samples: Credit Agreement (Belo a H Corp)

Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, from time to time during the Availability Period the Company Borrower may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans; provided that the sum of the total Committed Revolving Credit Exposures plus the aggregate principal amount of outstanding Competitive Loans, Loans at any time shall not exceed the Total Commitmenttotal Commitments. To request Competitive Bids, the Company Borrower shall notify the Administrative Agent of such request by telephone, in the case of a Eurodollar BorrowingBorrowing denominated in Dollars, not later than 10:00 11:00 a.m., Charlotte, North Carolina, New York City time, or in the case of a Eurodollar Borrowing denominated in an Alternative Currency, not later than 9:30 a.m., New York City time, in each case four Business Days before the date of the proposed Borrowing and, in the case of a Fixed Rate Borrowing, not later than 10:00 a.m., Charlotte, North Carolina, New York City time, one Business Day before the date of the proposed Borrowing; provided that the Company Borrower may submit up to (but not more than) three Competitive Bid Requests on the same day, but a Competitive Bid Request shall not be made on any of the within five Business Days next succeeding after the date of any previous Competitive Bid Request, unless any and all such previous Competitive Bid Requests shall have been withdrawn or all Competitive Bids received in response thereto rejected. Each such telephonic Competitive Bid Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Competitive Bid Request in a form approved by the Administrative Agent and signed by the CompanyBorrower. Each such telephonic and written Competitive Bid Request shall specify the following information in compliance with Section 2.02:

Appears in 1 contract

Samples: Credit Agreement Execution (Arch Chemicals Inc)

Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, from time to time during the Availability Period the Company Borrower may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans; provided that the sum of the total Committed Revolving Credit Exposures plus the aggregate principal amount of outstanding Competitive Loans, Loans at any time shall not exceed the Total Commitmenttotal Commitments. To request Competitive Bids, the Company Borrower shall notify the Administrative Agent of such request by telephone, in the case of a Eurodollar Borrowing, not later than 10:00 11:00 a.m., Charlotte, North Carolina, New York City time, four Business Days before the date of the proposed Borrowing and, in the case of a Fixed Rate Borrowing, not later than 10:00 a.m., Charlotte, North Carolina, New York City time, one Business Day before the date of the proposed Borrowing; provided that the Company Borrower may submit up to (but not no more than) three than one Competitive Bid Requests Request on the same day, but a Competitive Bid Request shall not be made on any of the within five Business Days next succeeding after the date of any previous Competitive Bid Request, unless any and all such previous Competitive Bid Requests Request shall have been withdrawn or all Competitive Bids received in response thereto rejected. Each such telephonic Competitive Bid Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Competitive Bid Request in a form approved by the Administrative Agent and signed by the CompanyBorrower. Each such telephonic and written Competitive Bid Request shall specify the following information in compliance with Section 2.02:

Appears in 1 contract

Samples: Subsidiary Guaranty Agreement (Valero L P)

Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, from time to time during the Availability Period the Company Borrower may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans; provided that the sum of the total Committed Revolving Credit Exposures plus the aggregate principal amount of outstanding Competitive Loans, Loans at any time shall not exceed the Total Commitmenttotal Commitments. To request Competitive Bids, the Company Borrower shall notify the Administrative Agent Agents of such request by telephone, in the case of a Eurodollar Borrowing, not later than 10:00 9:00 a.m., CharlotteHouston, North Carolina, Texas time, four Business Days before the date of the proposed Borrowing and, in the case of a Fixed Rate Borrowing, not later than 10:00 9:00 a.m., CharlotteHouston, North Carolina, Texas time, one Business Day before the date of the proposed Borrowing; provided that the Company Borrower may submit up to (but not more than) three Competitive Bid Requests on the same day, but a Competitive Bid Request shall not be made on any of the within five Business Days next succeeding after the date of any previous Competitive Bid Request, unless any and all such previous Competitive Bid Requests shall have been withdrawn or all Competitive Bids received in response thereto rejected. Each such telephonic Competitive Bid Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent Agents of a written Competitive Bid Request signed by the CompanyBorrower. Each such telephonic and written Competitive Bid Request shall specify the following information in compliance with Section 2.02:

Appears in 1 contract

Samples: Credit Agreement (BMC Software Inc)

Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, from time to time during the Availability Period the Company may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans; provided that the sum of the total Committed Revolving Credit Exposures plus the aggregate principal amount of outstanding Competitive Loans, at any time shall not exceed the Total Commitment. To request Competitive Bids, the Company shall notify the Administrative Agent of such request by telephone, in the case of a Eurodollar Borrowing, not later than 10:00 a.m., Charlotte, North Carolina, time, four Business Days before the date of the proposed Borrowing and, in the case of a Fixed Rate Borrowing, not later than 10:00 a.m., Charlotte, North Carolina, time, one Business Day before the date of the proposed Borrowing; provided that the Company may submit up to (but not more than) three Competitive Bid Requests on the same day, but a Competitive Bid Request shall not be made on any of the five Business Days next succeeding the date of any previous Competitive Bid Request, unless any and all such previous Competitive Bid Requests shall have been withdrawn or all Competitive Bids received in response thereto rejected. Each such telephonic Competitive Bid Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Competitive Bid Request signed by the Company. Each such telephonic and written Competitive Bid Request shall specify the following information in compliance with Section 2.02:

Appears in 1 contract

Samples: Credit Agreement (Kinder Morgan Energy Partners L P)

Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, from time to time during the Availability Period the Company Borrower may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans; provided that the sum of the total Committed Revolving Credit -------- Exposures plus the aggregate principal amount of outstanding Competitive Loans, Loans at any time shall not exceed the Total Commitmenttotal Commitments. To request Competitive Bids, the Company Borrower shall notify the Administrative Agent of such request by telephone, in the case of a Eurodollar Borrowing, not later than 10:00 11:00 a.m., Charlotte, North Carolina, New York City time, four Business Days before the date of the proposed Borrowing and, in the case of a Fixed Rate Borrowing, not later than 10:00 a.m., Charlotte, North Carolina, New York City time, one Business Day before the date of the proposed Borrowing; provided that the Company Borrower may submit -------- up to (but not more than) three Competitive Bid Requests on the same day, but a Competitive Bid Request shall not be made on any of the within five Business Days next succeeding after the date of any previous Competitive Bid Request, unless any and all such previous Competitive Bid Requests shall have been withdrawn or all Competitive Bids received in response thereto rejected. Each such telephonic Competitive Bid Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Competitive Bid Request in a form approved by the Administrative Agent and signed by the CompanyBorrower. Each such telephonic and written Competitive Bid Request shall specify the following information in compliance with Section 2.02:

Appears in 1 contract

Samples: Credit Agreement (Olin Corp)

Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, from time to time during the Availability Period the Company Borrower may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans; provided that the sum of the total Committed Revolving Credit Exposures plus the aggregate principal amount of outstanding Competitive Loans, Loans at any time shall not exceed the Total Commitmenttotal Commitments. To request Competitive Bids, the Company Borrower shall notify the Administrative Agent of such request by telephone, in the case of a Eurodollar Borrowing, not later than 10:00 11:30 a.m., Charlotte, North Carolina, New York City time, four Business Days before the date of the proposed Borrowing and, in the case of a Fixed Rate Borrowing, not later than 10:00 11:30 a.m., Charlotte, North Carolina, New York City time, one Business Day before the date of the proposed Borrowing; provided that the Company Borrower may submit up to (but not more than) three Competitive Bid Requests on the same day, but a Competitive Bid Request shall not be made on any of the within five Business Days next succeeding after the date of any previous Competitive Bid Request, unless any and all such previous Competitive Bid Requests shall have been withdrawn or all Competitive Bids received in response thereto rejected. Each such telephonic Competitive Bid Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Competitive Bid Request in a form approved by the Administrative Agent and signed by the CompanyBorrower. Each such telephonic and written Competitive Bid Request shall specify the following information in compliance with Section 2.02:

Appears in 1 contract

Samples: Credit Agreement (Gatx Financial Corp)

Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, from time to time during the Availability Period the Company Borrower may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans; provided that the sum of the total Committed Revolving Credit Exposures plus the aggregate principal amount of outstanding Competitive Loans, Loans at any time shall not exceed the Total Commitmenttotal Commitments. To request Competitive Bids, the Company Borrower shall notify the Administrative Agent of such request by telephone, in the case of a Eurodollar Borrowing, not later than 10:00 a.m., 11:00 a.m. (Charlotte, North Carolina, Carolina time), four Business Days before the date of the proposed Borrowing and, in the case of a Fixed Rate Borrowing, not later than 10:00 a.m., a.m. (Charlotte, North Carolina, Carolina time), one Business Day before the date of the proposed Borrowing; provided that the Company Borrower may submit up to (but not more than) three Competitive Bid Requests on the same day, but a Competitive Bid Request shall not be made on any of the within five Business Days next succeeding after the date of any previous Competitive Bid Request, unless any and all such previous Competitive Bid Requests shall have been withdrawn or all Competitive Bids received in response thereto rejected. Each such telephonic Competitive Bid Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Competitive Bid Request in a form approved by the Administrative Agent and signed by the CompanyBorrower. Each such telephonic and written Competitive Bid Request shall specify the following information in compliance with Section 2.02:

Appears in 1 contract

Samples: Credit Agreement (Wellpoint Health Networks Inc /De/)

Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, from time to time during the Availability Period the Company Borrower may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans; provided that the sum of the total Committed Revolving Credit Exposures plus the aggregate principal amount of outstanding Competitive Loans, Loans at any time shall not exceed the Total Commitmenttotal Revolving Commitments. To request Competitive Bids, the Company Borrower shall notify the Administrative Agent of such request by telephone, in the case of a Eurodollar Borrowing, not later than 10:00 11:00 a.m., Charlotte, North Carolina, New York City time, four Business Days before the date of the proposed Borrowing and, in the case of a Fixed Rate Borrowing, not later than 10:00 11:00 a.m., Charlotte, North Carolina, New York City time, one Business Day before the date of the proposed Borrowing; provided that the Company Borrower may submit up to (but not more than) three Competitive Bid Requests on the same day, but a Competitive Bid Request shall not be made on any of the within five (5) Business Days next succeeding after the date of any previous Competitive Bid Request, unless any and all such previous Competitive Bid Requests shall have been withdrawn or all Competitive Bids received in response thereto shall have been rejected. Each such telephonic Competitive Bid Request shall be confirmed promptly by hand delivery delivery, fax or telecopy emailed pdf to the Administrative Agent of a written Competitive Bid Request signed by the CompanyBorrower. Each such telephonic and written Competitive Bid Request shall specify the following information in compliance with Section 2.02:

Appears in 1 contract

Samples: Credit Agreement (Williams Partners L.P.)

Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, from time to time during the Availability Period the Company Borrower may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans; provided that the sum of the total Committed Revolving Credit Exposures plus the aggregate principal amount of outstanding Competitive Loans, Loans at any time shall not exceed the Total Commitmenttotal Commitments. To request Competitive Bids, the Company Borrower shall notify the Administrative Agent of such request by telephone, in the case of a Eurodollar Borrowing, not later than 10:00 11:00 a.m., Charlotte, North Carolina, Dallas time, four Business Days before the date of the proposed Borrowing and, in the case of a Fixed Absolute Rate Borrowing, not later than 10:00 a.m., Charlotte, North Carolina, Dallas time, one Business Day before the date of the proposed Borrowing; provided that the Company Borrower may submit up to (but not more than) three Competitive Bid Requests on the same day, but a Competitive Bid Request shall not be made on any of the five Business Days next succeeding the date of any previous Competitive Bid Request, unless any and all such previous Competitive Bid Requests shall have been withdrawn or all Competitive Bids received in response thereto rejected. Each such telephonic Competitive Bid Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Competitive Bid Request in a form approved by the Administrative Agent and signed by the CompanyBorrower. Each such telephonic and written Competitive Bid Request shall specify the following information in compliance with Section 2.02:: (i) the aggregate amount of the requested Borrowing;

Appears in 1 contract

Samples: Credit Agreement (Oryx Energy Co)

Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, from time to time during the Availability Revolving Period the Company any Borrower may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans; provided that the sum of the total Committed Revolving Credit Exposures plus the aggregate principal amount of outstanding total Competitive Loans, Loan Exposures at any time shall not exceed the Total Commitmenttotal Commitments. To request Competitive Bids, the Company a Borrower shall notify the Administrative Agent of such request by telephone, in the case of a Eurodollar Borrowing, not later than 10:00 11:00 a.m., Charlotte, North Carolina, New York City time, four Business Days before the date of the proposed Borrowing and, in the case of a Fixed Rate Borrowing, not later than 10:00 a.m., Charlotte, North Carolina, New York City time, one Business Day before the date of the proposed Borrowing; provided that the Company Borrowers may submit jointly up to (but not more than) three Competitive Bid Requests on the same day, but a Competitive Bid Request shall not be made on any of the within five Business Days next succeeding after the 21 27 date of any previous Competitive Bid Request, unless any and all such previous Competitive Bid Requests shall have been withdrawn or all Competitive Bids received in response thereto rejected. Each such telephonic Competitive Bid Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Competitive Bid Request in a form approved by the Administrative Agent and signed by the Companyapplicable Borrower. Each such telephonic and written Competitive Bid Request shall specify the following information in compliance with Section 2.02:

Appears in 1 contract

Samples: Assumption Agreement (New D&b Corp)

Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, from time to time during the Availability Period the Company Borrower may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans; provided that the sum of the total Committed Revolving Credit Exposures plus the aggregate principal amount of outstanding Competitive Loans, Loans at any time shall not exceed the Total Commitmenttotal Commitments. To request Competitive Bids, the Company Borrower shall notify the Administrative Agent of such request by telephone, in the case of a Eurodollar Borrowing, not later than 10:00 a.m.12:00 noon, (Charlotte, North Carolina, Carolina time), four Business Days before the date of the proposed Borrowing and, in the case of a Fixed Rate Borrowing, not later than 10:00 a.m.12:00 noon, (Charlotte, North Carolina, Carolina time), one Business Day before the date of the proposed Borrowing; provided that the Company Borrower may submit up to (but not more than) three Competitive Bid Requests on the same day, but a Competitive Bid Request shall not be made on any of the within five Business Days next succeeding after the date of any previous Competitive Bid Request, unless any and all such previous Competitive Bid Requests shall have been withdrawn or all Competitive Bids received in response thereto rejected. Each such telephonic Competitive Bid Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Competitive Bid Request in a form approved by the Administrative Agent and signed by the CompanyBorrower. Each such telephonic and written Competitive Bid Request shall specify the following information in compliance with Section 2.02:

Appears in 1 contract

Samples: Credit Agreement (Health Net Inc)

Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, from time to time during the Availability Period the Company Borrower may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans; provided that the sum of the total Committed Revolving Credit Exposures plus the aggregate principal amount of outstanding Competitive Loans, Loans at any time shall not exceed the Total Commitmenttotal Commitments. To request Competitive Bids, the Company Borrower shall notify the Administrative Agent of such request by telephone, in the case of a Eurodollar Borrowing, not later than 10:00 11:00 a.m., Charlotte, North Carolina, New York City time, four Business Days before the date of the proposed Borrowing and, in 24 19 the case of a Fixed Rate Borrowing, not later than 10:00 a.m., Charlotte, North Carolina, New York City time, one Business Day before the date of the proposed Borrowing; provided that the Company Borrower may submit up to (but not more than) three Competitive Bid Requests on the same day, but a Competitive Bid Request shall not be made on any of the within five Business Days next succeeding after the date of any previous Competitive Bid Request, unless any and all such previous Competitive Bid Requests shall have been withdrawn or all Competitive Bids received in response thereto rejected. Each such telephonic Competitive Bid Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Competitive Bid Request in a form approved by the Administrative Agent and signed by the CompanyBorrower. Each such telephonic and written Competitive Bid Request shall specify the following information in compliance with Section 2.02:

Appears in 1 contract

Samples: Seagram Co LTD

Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, from time to time during the Availability Period the Company a Borrower may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans; provided that the sum of the total Committed Revolving Credit Exposures plus the aggregate principal amount of outstanding Competitive Loans, Loans at any time shall not exceed the Total Commitmenttotal Commitments. To request Competitive Bids, the Company a Borrower shall notify the Administrative Agent of such request by telephone, in the case of a Eurodollar Borrowing, not later than 10:00 11:00 a.m., Charlotte, North Carolina, New York City time, four Business Days before the date of the proposed Borrowing and, in the case of a Fixed Rate Borrowing, not later than 10:00 a.m., Charlotte, North Carolina, New York City time, one Business Day before the date of the proposed Borrowing; provided that the Company a Borrower may submit up to (but not more than) three Competitive Bid Requests on the same day, but a Competitive Bid Request shall not be made on any of the within five Business Days next succeeding after the date of any previous Competitive Bid Request, unless any and all such previous Competitive Bid Requests shall have been withdrawn or all Competitive Bids received in response thereto rejected. Each such telephonic Competitive Bid Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Competitive Bid Request in a form approved by the Administrative Agent and signed by the Companyapplicable Borrower. Each such telephonic and written Competitive Bid Request shall specify the following information in compliance with Section 2.02:

Appears in 1 contract

Samples: Credit Agreement (Crane Co /De/)

Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, from time to time during the Availability Period the Company may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids Five-Year Facility 25 and borrow Competitive Loans; provided that the sum of the total Committed Revolving Credit Exposures plus the aggregate principal amount of outstanding Competitive Loans, at any time shall not exceed the Total Commitment. To request Competitive Bids, the Company shall notify the Administrative Agent of such request by telephone, in the case of a Eurodollar Borrowing, not later than 10:00 a.m., Charlotte, North Carolina, time, four Business Days before the date of the proposed Borrowing and, in the case of a Fixed Rate Borrowing, not later than 10:00 a.m., Charlotte, North Carolina, time, one Business Day before the date of the proposed Borrowing; provided that the Company may submit up to (but not more than) three Competitive Bid Requests on the same day, but a Competitive Bid Request shall not be made on any of the five Business Days next succeeding the date of any previous Competitive Bid Request, unless any and all such previous Competitive Bid Requests shall have been withdrawn or all Competitive Bids received in response thereto rejected. Each such telephonic Competitive Bid Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Competitive Bid Request signed by the Company. Each such telephonic and written Competitive Bid Request shall specify the following information in compliance with Section 2.02:

Appears in 1 contract

Samples: Credit Agreement (Kinder Morgan Energy Partners L P)

Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, from time to time during the Availability Period the Company Borrower may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans; provided that the sum of the total Committed Revolving Credit -------- Exposures plus the aggregate principal amount of outstanding Competitive Loans, Loans at any time shall not exceed the Total Commitmenttotal Commitments. To request Competitive Bids, the Company Borrower shall notify the Administrative Agent of such request by telephone, in the case of a Eurodollar Borrowing, not later than 10:00 11:00 a.m., Charlotte, North Carolina, New York City time, four Business Days before the date of the proposed Borrowing and, in the case of a Fixed Rate Borrowing, not later than 10:00 a.m., Charlotte, North Carolina, New York City time, one Business Day before the date of the proposed Borrowing; provided -------- that the Company Borrower may submit up to (but not more than) three Competitive Bid Requests on the same day, but a Competitive Bid Request shall not be made on any of the within five Business Days next succeeding after the date of any previous Competitive Bid Request, unless any and all such previous Competitive Bid Requests shall have been withdrawn or all Competitive Bids received in response thereto rejected. Each such telephonic Competitive Bid Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Competitive Bid Request in a form approved by the Administrative Agent and signed by the CompanyBorrower. Each such telephonic and written Competitive Bid Request shall specify the following information in compliance with Section 2.02:

Appears in 1 contract

Samples: Credit Agreement (Arch Chemicals Inc)

Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, from time to time during the Availability Period period commencing on the Company Restatement Effective Date and ending on the date immediately prior to the Facility Termination Date the Borrower may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans; provided that the sum of the total Committed Aggregate Outstanding Credit Exposures plus the aggregate principal amount of outstanding Competitive Loans, Exposure at any time shall not exceed the Total Aggregate Commitment. To request Competitive Bids, the Company Borrower shall notify the Administrative Agent of such request by telephone, in the case of a Eurodollar BorrowingAdvance, not later than 10:00 11:00 a.m., Charlotte, North Carolina, New York time, four Business Days before the date of the proposed Borrowing Advance and, in the case of a Fixed Rate BorrowingAdvance, not later than 10:00 a.m., Charlotte, North Carolina, New York time, one Business Day before the date of the proposed BorrowingAdvance; provided that the Company Borrower may submit up to (but not more than) three two Competitive Bid Requests on the same day, but a Competitive Bid Request shall not be made on any of the within five Business Days next succeeding after the date of any previous Competitive Bid Request, unless any and all such previous Competitive Bid Requests shall have been withdrawn or all Competitive Bids received in response thereto rejected. Each such telephonic Competitive Bid Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Competitive Bid Request in a form approved by the Agent and signed by the CompanyBorrower. Each such telephonic and written Competitive Bid Request shall specify the following information in compliance with Section 2.02information:

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Amerenenergy Generating Co)

Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, from time to time during the Availability Period the Company may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans; provided that the sum of the total Committed Revolving Credit Exposures plus the aggregate principal amount of outstanding Competitive Loans, at any time shall not exceed the Total Commitment. To request Competitive Bids, the Company shall notify the Administrative Agent of such request by telephone, in the case of a Eurodollar Borrowing, not later than 10:00 a.m., Charlotte, North Carolina, time, four Business Days before the date of the proposed Borrowing and, in the case of a Fixed Rate Borrowing, not later than 10:00 a.m., Charlotte, North Carolina, time, one Business Day before the date of the proposed Borrowing; provided that the Company may submit up to (but not more than) three Competitive Bid Requests on the same day, but a Competitive Bid Request shall not be made on any of the five Business Days next succeeding the date of any previous Competitive Bid Request, unless any and all such previous Competitive Bid Requests shall have been withdrawn or all Competitive Bids received Bidsreceived in response thereto rejected. Each such telephonic Competitive Bid Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Competitive Bid Request signed by the Company. Each such telephonic and written Competitive Bid Request shall specify the following information in compliance with Section 2.02:

Appears in 1 contract

Samples: Credit Agreement (Kinder Morgan Energy Partners L P)

Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, from time to time during the Availability Period the Company Borrower may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans; provided that the sum of the total Committed Revolving 22 18 Credit Exposures plus the aggregate principal amount of outstanding Competitive Loans, Loans at any time shall not exceed the Total Commitmenttotal Commitments. To In order to request Competitive Bids, the Company Borrower shall notify the Administrative CAF Agent of such request by telephone, in the case of a Eurodollar Borrowing, not later than 10:00 11:00 a.m., Charlotte, North Carolina, Dallas time, four Business Days before the date of the proposed Borrowing and, in the case of a Fixed Rate Borrowing, not later than 10:00 a.m., Charlotte, North Carolina, Dallas time, one Business Day before the date of the proposed Borrowing; provided that the Company may submit up to (but not more than) three Competitive Bid Requests on the same day, but a Competitive Bid Request shall not be made on any of the within five Business Days next succeeding after the date of any previous Competitive Bid Request, unless any and all such previous Competitive Bid Requests shall have been withdrawn or all Competitive Bids received in response thereto rejected. Each such telephonic Competitive Bid Request shall be confirmed promptly by hand delivery or telecopy to the Administrative CAF Agent of a written Competitive Bid Request in a form approved by the CAF Agent and signed by the CompanyBorrower. Each such telephonic and written Competitive Bid Request shall specify the following information in compliance with Section 2.02:

Appears in 1 contract

Samples: Credit Agreement (Belo a H Corp)

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