Common use of Competitive Bids Clause in Contracts

Competitive Bids. Each Lender may (but shall not have any ----------------- obligation to) make one or more Competitive Bids to the Borrower in response to a Competitive Bid Request. Each Competitive Bid by a Lender must be in the form of Exhibit 2.5B or such other form as shall be approved by the Administrative ------------- Agent and the Borrower and must be received by the Administrative Agent by telecopy, in the case of a Borrowing of Competitive Margin Loans, not later than 9:30 a.m., three (3) Business Days before the proposed date of such Borrowing, and in the case of a Borrowing of Competitive Fixed Rate Loans, not later than 9:30 a.m., on the proposed date of such Borrowing. Competitive Bids that do not conform substantially to the form approved by the Administrative Agent may be rejected by the Administrative Agent, and the Administrative Agent shall notify the applicable Lender as promptly as practicable. Each Competitive Bid shall specify (i) the principal amount (which shall be equal to or greater than $10,000,000 and in an integral multiple of $100,000 and which may equal the entire principal amount of the Competitive Borrowing requested by the Borrower) of the Competitive Loan or Loans that the Lender is willing to make, (ii) the Competitive Bid Rate or Rates at which the Lender is prepared to make such Loan or Loans (expressed as a percentage rate per annum in the form of a decimal to no more than four decimal places) and (iii) the Interest Period applicable to each such Loan and the last day thereof.

Competitive Bids. (i) Each Lender may may, in its sole discretion, make up to three (but shall not have any ----------------- obligation to3) make one or more Competitive Bids to the Borrower in response to a Competitive Bid Request. Each Competitive Bid by a Lender must be received by the Administrative Agent via facsimile, in the form of Exhibit 2.5B or such other form as shall be approved by the Administrative ------------- Agent and the Borrower and must be received by the Administrative Agent by telecopyA-7 hereto, in the case of a Borrowing of Competitive Margin Loans, (A) not later than 9:30 a.m., 10:30 a.m. three (3) Business Days before the any proposed date of such Borrowing, Eurodollar Competitive Bid Loan and in the case of a Borrowing of Competitive Fixed Rate Loans, (B) not later than 9:30 a.m., 10:30 a.m. on the same Business Day as a proposed date of Fixed Rate Loan, and any Competitive Bid received by the Administrative Agent after such Borrowingtime can be rejected by the Administrative Agent. Competitive Bids that do not conform substantially to the form approved by the Administrative Agent may of Exhibit A-7 or otherwise include additional conditions to funding shall be rejected by the Administrative Agent, Agent and the Administrative Agent shall notify the applicable Lender making such nonconforming bid of such rejection as promptly soon as practicable. Each Competitive Bid shall refer to this Agreement and specify (iA) the principal amount (of the Competitive Bid Loan or Loans that the Lender is willing to make to the Borrower which shall be equal to in a minimum principal amount of $1,000,000 or greater than $10,000,000 and in an integral a whole multiple of $100,000 1,000,000 in excess thereof and which may equal the entire principal amount of the Competitive Borrowing Bid Loan requested by the Borrower) of the Competitive Loan or Loans that the Lender is willing to make, (iiB) the Competitive Bid Rate or Rates at which the Lender is prepared to make such the Competitive Bid Loan or Loans (expressed as a percentage rate per annum in the form of a decimal to no more than four decimal places) and (iiiC) the Competitive Bid Interest Period applicable with respect thereto. A Competitive Bid submitted by a Lender pursuant to each such Loan and the last day thereofthis Section 2.04(b)(i) shall be irrevocable.

Competitive Bids. (i) Each Lender may may, in its sole discretion, make up to three (but shall not have any ----------------- obligation to3) make one or more Competitive Bids to the Borrower in response to a Competitive Bid Request. Each Competitive Bid by a Lender must be received by the Agent via facsimile, in the form of Exhibit 2.5B or such other form as shall be approved by the Administrative ------------- Agent and the Borrower and must be received by the Administrative Agent by telecopyA-3 hereto, in the case of a Borrowing of Competitive Margin Loans, (A) not later than 9:30 a.m., 10:30 a.m. three (3) Business Days before the any proposed date of such Borrowing, Eurodollar Competitive Bid Loan and in the case of a Borrowing of Competitive Fixed Rate Loans, (B) not later than 9:30 a.m., 10:30 a.m. on the same Business Day as a proposed date of Fixed Rate Loan, and any Competitive Bid received by the Agent after such Borrowingtime can be rejected by the Agent. Competitive Bids that do not conform substantially to the form approved by the Administrative Agent may of Exhibit A-3 or otherwise include additional conditions to funding shall be rejected by the Administrative Agent, Agent and the Administrative Agent shall notify the applicable Lender making such nonconforming bid of such rejection as promptly soon as practicable. Each Competitive Bid shall refer to this Agreement and specify (iA) the principal amount (of the Competitive Bid Loan or Loans that the Lender is willing to make to the Borrower which shall be equal to in a minimum principal amount of $1,000,000 or greater than $10,000,000 and in an integral a whole multiple of $100,000 1,000,000 in excess thereof and which may equal the entire principal amount of the Competitive Borrowing Bid Loan requested by the Borrower) of the Competitive Loan or Loans that the Lender is willing to make, (iiB) the Competitive Bid Rate or Rates at which the Lender is prepared to make such the Competitive Bid Loan or Loans (expressed as a percentage rate per annum in the form of a decimal to no more than four decimal places) and (iiiC) the Competitive Bid Interest Period applicable with respect thereto. A Competitive Bid submitted by a Lender pursuant to each such Loan and the last day thereofthis paragraph (b) shall be irrevocable.

Competitive Bids. (i) Each Lender may may, in its sole discretion, make up to three (but shall not have any ----------------- obligation to3) make one or more Competitive Bids to the Borrower in response to a Competitive Bid Request. Each Competitive Bid by a Lender must be received by the Administrative Agent via facsimile, in the form of Exhibit 2.5B or such other form as shall be approved by the Administrative ------------- Agent and the Borrower and must be received by the Administrative Agent by telecopyA-3 hereto, in the case of a Borrowing of Competitive Margin Loans, (A) not later than 9:30 a.m., 10:30 a.m. three (3) Business Days before the any proposed date of such Borrowing, Eurodollar Competitive Bid Loan and in the case of a Borrowing of Competitive Fixed Rate Loans, (B) not later than 9:30 a.m., 10:30 a.m. on the same Business Day as a proposed date of Fixed Rate Loan, and any Competitive Bid received by the Administrative Agent after such Borrowingtime can be rejected by the Administrative Agent. Competitive Bids that do not conform substantially to the form approved by the Administrative Agent may of Exhibit A-3 or otherwise include additional conditions to funding shall be rejected by the Administrative Agent, Agent and the Administrative Agent shall notify the applicable Lender making such nonconforming bid of such rejection as promptly soon as practicable. Each Competitive Bid shall refer to this Agreement and specify (iA) the principal amount (of the Competitive Bid Loan or Loans that the Lender is willing to make to the Borrower which shall be equal to in a minimum principal amount of $1,000,000 or greater than $10,000,000 and in an integral a whole multiple of $100,000 1,000,000 in excess thereof and which may equal the entire principal amount of the Competitive Borrowing Bid Loan requested by the Borrower) of the Competitive Loan or Loans that the Lender is willing to make, (iiB) the Competitive Bid Rate or Rates at which the Lender is prepared to make such the Competitive Bid Loan or Loans (expressed as a percentage rate per annum in the form of a decimal to no more than four decimal places) and (iiiC) the Competitive Bid Interest Period applicable with respect thereto. A Competitive Bid submitted by a Lender pursuant to each such Loan and the last day thereofthis paragraph (b) shall be irrevocable.

Competitive Bids. (i) Each Lender may may, in its sole discretion, make up to three (but shall not have any ----------------- obligation to3) make one or more Competitive Bids to the Borrower Company in response to a Competitive Bid Request. Each Competitive Bid by a Lender must be received by the Administrative Agent via telecopier or e-mail, in the form of Exhibit 2.5B or such other form as shall be approved by the Administrative ------------- Agent and the Borrower and must be received by the Administrative Agent by telecopyC-3 hereto, in the case of a Borrowing of Competitive Margin Loans, (A) not later than 9:30 a.m., 10:30 a.m. (Chicago time) three (3) Business Days before the any proposed date of such Borrowing, LIBOR Competitive Bid Loan and in the case of a Borrowing of Competitive Fixed Rate Loans, (B) not later than 9:30 a.m., 10:30 a.m. (Chicago time) on the same Business Day as a proposed date of Absolute Rate Loan, and any Competitive Bid received by the Administrative Agent after such Borrowingtime can be rejected by the Administrative Agent. Competitive Bids that do not conform substantially to the form approved by the Administrative Agent may of Exhibit C-3 or otherwise include additional conditions to funding shall be rejected by the Administrative Agent, Agent and the Administrative Agent shall notify the applicable Lender making such nonconforming bid of such rejection as promptly soon as practicable. Each Competitive Bid shall refer to this Agreement and specify (iA) the principal amount (of the Competitive Bid Loan or Competitive Bid Loans that the Lender is willing to make to the Company which shall be equal to in a minimum principal amount of $2,000,000 or greater than $10,000,000 and in an integral a whole multiple of $100,000 500,000 in excess thereof and which may equal the entire principal amount of the Competitive Borrowing Bid Loan requested by the Borrower) of the Competitive Loan or Loans that the Lender is willing to makeCompany, (iiB) the Competitive Bid Rate or Competitive Bid Rates at which the Lender is prepared to make such the Competitive Bid Loan or Loans (expressed as a percentage rate per annum in the form of a decimal to no more than four decimal places) and (iiiC) the Competitive Bid Interest Period applicable with respect thereto. A Competitive Bid submitted by a Lender pursuant to each such Loan and the last day thereofthis paragraph (b) shall be irrevocable.

Competitive Bids. (i) Each Revolving Credit Lender may may, in its sole discretion, make up to three (but shall not have any ----------------- obligation to3) make one or more Competitive Bids to the Borrower in response to a Competitive Bid Request. Each Competitive Bid by a Revolving Credit Lender must be in the form of Exhibit 2.5B or such other form as shall be approved by the Administrative ------------- Agent and the Borrower and must be received by the Administrative Agent by telecopyvia facsimile, in the case form of a Borrowing of Competitive Margin LoansExhibit A-7 hereto, (A) not later than 9:30 a.m., 10:30 a.m. three (3) Business Days before the any proposed date of such Borrowing, Eurodollar Competitive Bid Loan and in the case of a Borrowing of Competitive Fixed Rate Loans, (B) not later than 9:30 a.m., 10:30 a.m. on the same Business Day as a proposed date of Fixed Rate Loan, and any Competitive Bid received by the Administrative Agent after such Borrowingtime can be rejected by the Administrative Agent. Competitive Bids that do not conform substantially to the form approved by the Administrative Agent may of Exhibit A-7 or otherwise include additional conditions to funding shall be rejected by the Administrative Agent, Agent and the Administrative Agent shall notify the applicable Revolving Credit Lender making such nonconforming bid of such rejection as promptly soon as practicable. Each Competitive Bid shall refer to this Agreement and specify (iA) the principal amount (of the Competitive Bid Loan or Loans that the Revolving Credit Lender is willing to make to the Borrower which shall be equal to in a minimum principal amount of $1,000,000 or greater than $10,000,000 and in an integral a whole multiple of $100,000 1,000,000 in excess thereof and which may equal the entire principal amount of the Competitive Borrowing Bid Loan requested by the Borrower) of the Competitive Loan or Loans that the Lender is willing to make, (iiB) the Competitive Bid Rate or Rates at which the Revolving Credit Lender is prepared to make such the Competitive Bid Loan or Loans (expressed as a percentage rate per annum in the form of a decimal to no more than four decimal places) and (iiiC) the Competitive Bid Interest Period applicable with respect thereto. A Competitive Bid submitted by a Revolving Credit Lender pursuant to each such Loan and the last day thereofthis Section 2.04(b)(i) shall be irrevocable.

Competitive Bids. (i) Each Lender may may, in its sole discretion, make up to three (but shall not have any ----------------- obligation to3) make one or more Competitive Bids to the Borrower in response to a Competitive Bid Request. Each Competitive Bid by a Lender must be received by the Administrative Agent via telecopier, in the form of Exhibit 2.5B or such other form as shall be approved by the Administrative ------------- Agent and the Borrower and must be received by the Administrative Agent by telecopyC-3 hereto, in the case of a Borrowing of Competitive Margin Loans, (A) not later than 9:30 a.m., 10:30 a.m. (Charlotte time) three (3) Business Days before the any proposed date of such Borrowing, LIBOR Competitive Bid Loan and in the case of a Borrowing of Competitive Fixed Rate Loans, (B) not later than 9:30 a.m., 10:30 a.m. (Charlotte time) on the same Business Day as a proposed date of Absolute Rate Loan, and any Competitive Bid received by the Administrative Agent after such Borrowingtime can be rejected by the Administrative Agent. Competitive Bids that do not conform substantially to the form approved by the Administrative Agent may of Exhibit C-3 or otherwise include additional conditions to funding shall be rejected by the Administrative Agent, Agent and the Administrative Agent shall notify the applicable Lender making such nonconforming bid of such rejection as promptly soon as practicable. Each Competitive Bid shall refer to this Agreement and specify (iA) the principal amount (of the Competitive Bid Loan or Loans that the Lender is willing to make to the Borrower which shall be equal to in a minimum principal amount of $3,000,000 or greater than $10,000,000 and in an integral a whole multiple of $100,000 1,000,000 in excess thereof and which may equal the entire principal amount of the Competitive Borrowing Bid Loan requested by the Borrower) of the Competitive Loan or Loans that the Lender is willing to make, (iiB) the Competitive Bid Rate or Rates at which the Lender is prepared to make such the Competitive Bid Loan or Loans (expressed as a percentage rate per annum in the form of a decimal to no more than four decimal places) and (iiiC) the Competitive Bid Interest Period applicable with respect thereto. A Competitive Bid submitted by a Lender pursuant to each such Loan and the last day thereofthis paragraph (b) shall be irrevocable.

Competitive Bids. (i) Each Lender may may, in its sole discretion, make up to three (but shall not have any ----------------- obligation to3) make one or more Competitive Bids to the Borrower in response to a Competitive ompetitive Bid Request. Each Competitive Bid by a Lender must be received by the Administrative Agent via telecopier, in the form of Exhibit 2.5B or such other form as shall be approved by the Administrative ------------- Agent and the Borrower and must be received by the Administrative Agent by telecopyC-3, in the case of a Borrowing of Competitive Margin Loanshereto, (A) not later than 9:30 10:30 a.m., Charlotte time, three (3) Business Days before the any proposed date of such Borrowing, LIBOR Competitive Bid Loan and in the case of a Borrowing of Competitive Fixed Rate Loans, (B) not later than 9:30 10:30 a.m., Charlotte time, on the same Business Day as a proposed date of Absolute Rate Loan, and any Competitive Bid received by the Administrative Agent after such Borrowingtime can be rejected by the Administrative Agent. Competitive Bids that do not conform substantially to the form approved by the Administrative Agent may of Exhibit C-3 hereto or otherwise include additional conditions to funding shall be rejected by the Administrative Agent, Agent and the Administrative Agent shall notify the applicable Lender making such nonconforming Competitive Bid of such rejection as promptly soon as practicable. Each Competitive Bid shall refer to this Agreement and specify (iA) the principal amount (of the Competitive Bid Loan or Loans that the applicable Lender is willing to make to the Borrower which shall be equal to in a minimum principal amount of $5,000,000 or greater than $10,000,000 and in an integral a whole multiple of $100,000 1,000,000 in excess thereof and which may equal the entire principal amount of the Competitive Borrowing Bid Loan requested by the Borrower) of the Competitive Loan or Loans that the Lender is willing to make, (iiB) the Competitive Bid Rate or Rates at which the such Lender is prepared to make such the Competitive Bid Loan or Loans (expressed as a percentage rate per annum in the form of a decimal to no more than four decimal places) and (iiiC) the Competitive Bid Interest Period applicable to each such Loan and the last day thereof. A Competitive Bid submitted by a Lender pursuant to this paragraph (b) shall be irrevocable.