Common use of Comprised of Clause in Contracts

Comprised of. INTEREST PERIOD ABSOLUTE RATE BID OR BID LOAN NO. OFFERED BID MAXIMUM EURODOLLAR MARGIN BID* ------------ --------------- ---------------- ---------------------- 1 _______days/mos $_______________ (- +) _______% 2 _______days/mos $_______________ (- +) _______% 3 _______days/mos $_______________ (- +) _______% --------------- * Expressed in multiples of 1/100th of a basis point. Contact Person: __________________ Telephone:_________________ [LENDER] By: ____________________________________ Name: __________________________________ Title: _________________________________ ******************************************************************************* THIS SECTION IS TO BE COMPLETED BY THE BORROWER IF IT WISHES TO ACCEPT ANY OFFERS CONTAINED IN THIS COMPETITIVE BID: The offers made above are hereby accepted in the amounts set forth below: PRINCIPAL BID LOAN NO. AMOUNT ACCEPTED ------------ --------------- $ $ $ ALBERTSON'S, INC. By: ___________________________________ Name: _________________________________ Title: ________________________________ Date: _________________________________ EXHIBIT C FORM OF SWING LINE LOAN NOTICE To: Bank of America, N.A., as Swing Line Lender Bank of America, N.A., as Administrative Agent Ladies and Gentlemen: Reference is made to that certain Five-Year Credit Agreement, dated as of June 16, 2005 (as amended, amended and restated, extended, supplemented or otherwise modified in writing from time to time, the "Agreement"; the terms defined therein being used herein as therein defined), among Albertson's, Inc., a Delaware corporation (the "Borrower"), the Lenders from time to time party thereto, and Bank of America, N.A., as Administrative Agent and Swing Line Lender. The undersigned hereby requests a Swing Line Loan:

Appears in 1 contract

Samples: Credit Agreement (Albertsons Inc /De/)

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Comprised of. INTEREST PERIOD ABSOLUTE RATE BID OR BID LOAN NOBid Loan No. OFFERED BID MAXIMUM EURODOLLAR MARGIN BIDInterest Period offered Bid Maximum Absolute Rate Bid or Eurodollar Margin Bid* ------------ --------------- ---------------- ---------------------- 1 _______days/mos $_______________ $ (- +) ________ % 2 _______days/mos $_______________ $ (- +) ________ % 3 _______days/mos $_______________ $ (- +) ________ % --------------- * Expressed in multiples of 1/100th of a basis point. Contact Person: __________________ Telephone:_________________ : [LENDER] By: ____________________________________ Name: __________________________________ Title: _________________________________ ******************************************************************************* THIS SECTION IS TO BE COMPLETED BY THE BORROWER COMPANY IF IT WISHES TO ACCEPT ANY OFFERS CONTAINED IN THIS COMPETITIVE BID: The offers made above are hereby accepted in the amounts set forth below: PRINCIPAL BID LOAN NOBid Loan No. AMOUNT ACCEPTED ------------ --------------- Principal Amount Accepted $ $ $ ALBERTSON'SXXXXXXX-XXXXXX COMPANY (formerly known as New Aristotle Holdings, INC. Inc.), a Delaware corporation By: ___________________________________ Name: _________________________________ Title: ________________________________ Date: _________________________________ EXHIBIT C 2.04(a) FORM OF SWING LINE LOAN NOTICE To: Bank of America, N.A., as Swing Line Lender Bank of America, N.A., as Administrative Agent Ladies and Gentlemen: Reference is made to that certain Five-Year Credit AgreementBORROWING SUBSIDIARY AGREEMENT BORROWING SUBSIDIARY AGREEMENT, dated as of June 16(this “Agreement”) among [NAME OF BORROWING SUBSIDIARY], 2005 a (as amended, amended and restated, extended, supplemented or otherwise modified in writing from time to time, the "Agreement"; the terms defined therein being used herein as therein defined“Borrowing Subsidiary”), among Albertson'sNew Aristotle Holdings, Inc., a Delaware corporation Inc. (to be renamed Xxxxxxx-Xxxxxx Company) (the "Borrower"“Company”), the Lenders from time to time party thereto, and Bank of America, N.A., as agent (in such capacity, the “Administrative Agent Agent”) for the several lenders and Swing Line Lenderother financial institutions (the “Lenders”) from time to time parties to the Second Amended and Restated Credit Agreement, dated as of November 13, 2006 (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among the Company, the Borrowing Subsidiaries (as defined in the Credit Agreement) from time to time parties thereto, the Lenders and the Administrative Agent. The undersigned parties hereto hereby requests a Swing Line Loanagree as follows:

Appears in 1 contract

Samples: Credit Agreement (New Aristotle Holdings, Inc.)

Comprised of. BID LOAN INTEREST PERIOD BID ABSOLUTE RATE BID OR BID LOAN NO. OFFERED BID MAXIMUM EURODOLLAR MARGIN BID* ------------ --------------- ---------------- ---------------------- --------------------- ----------------------------- ----------------------------- ------------------------- 1 _______days/mos $_______________ (- +) _______% 2 _______days/mos $_______________ (- +) _______% 3 _______days/mos $________________ (- +) _______% --------------- ----------------------- * Expressed in multiples of 1/100th of a basis point. B-2-1 Form of Competitive Bid Contact Person: _____________ Telephone: ______ Telephone:_________________ [LENDER] By: ____________________________________ --------------------------------------- Name: __________________________________ ------------------------------------- Title: _________________________________ *------------------------------------ ****************************************************************************** THIS SECTION IS TO BE COMPLETED BY THE BORROWER IF IT WISHES TO ACCEPT ANY OFFERS CONTAINED IN THIS COMPETITIVE BID: The offers made above are hereby accepted in the amounts set forth below: PRINCIPAL ---------------------- -------------------------------------- BID LOAN NO. PRINCIPAL AMOUNT ACCEPTED ------------ --------------- ---------------------- -------------------------------------- $ ---------------------- -------------------------------------- $ ---------------------- -------------------------------------- $ ALBERTSON'S, INC. ---------------------- -------------------------------------- PALL CORPORATION By: ------------------------------------------------ Name: ---------------------------------------------- Title: --------------------------------------------- Date: ---------------------------------------------- B-2-2 Form of Competitive Bid [JPMorgan Logo] APPLICATION AND AGREEMENT FOR STANDBY LETTER OF CREDIT WHEN TRANSMITTING THIS APPLICATION BY FACSIMILE ALL PAGES MUST BE TRANSMITTED TO JPMORGAN. TO: JPMorgan Chase Bank Attention Standby Letter of Credit Department c/o JPMorgan Treasury Services Global Trade Services 00000 Xxxxxxxx Xxxxx Xxxxx Xxxxx, XX 00000 ("Issuer") -------------------------------------------------------------------------------, [NAME(S) OF APPLICANT(S)] JOINTLY AND SEVERALLY IF MORE THAN ONE, (INDIVIDUALLY AND COLLECTIVELY, "APPLICANT") HEREBY REQUESTS THAT PURSUANT TO THE TERMS AND CONDITIONS CONTAINED YOU ISSUE YOUR IRREVOCABLE STANDBY LETTER OF CREDIT REQUESTED BELOW (TOGETHER WITH ANY REPLACEMENTS, EXTENSIONS OR MODIFICATIONS, THE "CREDIT) AND TRANSMIT IT BY: [ ] Airmail [ ] Teletransmission [ ] Courier Service [ ] Other ___________________________________ Name(Please specify) IN FAVOR OF: _________________________________ Title: ________________________________ Date: _________________________________ EXHIBIT C FORM OF SWING LINE LOAN NOTICE To: Bank of America, N.A., as Swing Line Lender Bank of America, N.A., as Administrative Agent Ladies and Gentlemen: Reference is made to that certain Five-Year Credit Agreement, dated as of June 16, 2005 TO BE ADVISED THROUGH (as amended, amended and restated, extended, supplemented or otherwise modified in writing from time to time, the "Agreement"; the terms defined therein being used herein as therein defined), among Albertson's, Inc., a Delaware corporation (the "Borrower"), the Lenders from time to time party thereto, and Bank of America, N.A., as Administrative Agent and Swing Line Lender. The undersigned hereby requests a Swing Line Loan:If Applicable):

Appears in 1 contract

Samples: Credit Agreement (Pall Corp)

Comprised of. INTEREST PERIOD ABSOLUTE RATE BID OR BID LOAN NOBid Loan No. OFFERED BID MAXIMUM EURODOLLAR MARGIN BIDInterest Period offered Bid Maximum Absolute Rate Bid or Eurocurrency Margin Bid* ------------ --------------- ---------------- ---------------------- Currency 1 ________ days/mos $_______________ (- +) _______% 2 ________ days/mos $_______________ (- +) _______% 3 ________ days/mos $_______________ (- +) _______% --------------- * Expressed in multiples of 1/100th of a basis point. Contact Person: __________________ Telephone:_: ________________ * Expressed in multiples of 1/100th of a basis point. [LENDER] By: ____________________________________ Name: __________________________________ Title: _________________________________ ******************************************************************************* THIS SECTION IS TO BE COMPLETED BY THE BORROWER COMPANY IF IT WISHES TO ACCEPT ANY OFFERS CONTAINED IN THIS COMPETITIVE BID: The offers made above are hereby accepted in the amounts set forth below: PRINCIPAL BID LOAN NOBid Loan No. AMOUNT ACCEPTED ------------ --------------- Principal Amount Accepted Currency $ $ $ ALBERTSON'SHOST HOTELS & RESORTS, INC. L.P. By: ___________________________________ Host Hotels & Resorts, Inc., is general partner Name: _________________________________ Title: ________________________________ Date: EXHIBIT C-1 [INTENTIONALLY OMITTED] EXHIBIT C-2 [INTENTIONALLY OMITTED] EXHIBIT C-3 FORM OF CANADIAN DOLLAR SWING LINE LOAN NOTICE Date: ____________________________, _____ EXHIBIT C FORM OF SWING LINE LOAN NOTICE To: [Bank of America, N.A. Canada Branch] [JPMorgan Chase Bank, N.A.] [Xxxxx Fargo Bank, N.A.], as Swing Line Lender Bank of America, N.A., as Administrative Agent Ladies and Gentlemen: Reference is made to that certain Five-Year Fifth Amended and Restated Credit Agreement, dated as of June 16August 1, 2005 2019 (as amended, amended and restated, extended, supplemented or otherwise modified in writing from time to time, the "Agreement"; ;” the terms defined therein being used herein as therein defined), among Albertson'sHost Hotels & Resorts, Inc., a Delaware corporation L.P. (the "Borrower"“Company”), the Designated Borrowers from time to time party thereto, the Lenders from time to time party thereto, and Bank of America, N.A., as Administrative Agent Agent, an L/C Issuer and a Swing Line Lender. The undersigned hereby requests a Canadian Dollar Swing Line Loan:

Appears in 1 contract

Samples: Assignment and Assumption (Host Hotels & Resorts L.P.)

Comprised of. ABSOLUTE RATE OR INTEREST PERIOD ABSOLUTE RATE BID OR EUROCURRENCY BID LOAN NO. OFFERED BID MAXIMUM EURODOLLAR MARGIN BIDBID MARGIN* ------------ --------------- -------------- ---------------- ---------------------- 1 _______days/mos $_______________ (- +) _______% 2 _______days/mos $_______________ (- +) _______% 3 _______days/mos $_______________ (- +) _______% --------------- ---------- * Expressed in multiples of 1/100th of a basis point. Contact Person: __________________ Telephone:_________________ [LENDER] ByTelephone: ____________________________________ [NAME OF LENDER] By: ------------------------------------ Name: __________________________________ Title: _________________________________ ******************************************************************************* THIS SECTION IS TO BE COMPLETED BY THE BORROWER COMPANY IF IT WISHES TO ACCEPT ANY OFFERS CONTAINED IN THIS COMPETITIVE BID: The offers made above are hereby accepted in the amounts set forth below: PRINCIPAL AMOUNT BID LOAN NO. AMOUNT ACCEPTED ------------ --------------- $ $ $ ALBERTSON'S, INC. By: ____________________---------------- $_______________ Name: __________________$_______________ Title: _________________$_______________ FIDELITY NATIONAL INFORMATION SERVICES, INC. By: --------------------------------- Name: Title: Date: _________________________________ EXHIBIT C FORM OF SWING LINE LOAN NOTICE Date: ____________, _____ To: JPMorgan Chase Bank, N.A., as Swing Line Lender and Administrative Agent Bank of America, N.A., as Swing Line Lender Bank of America, N.A., as Administrative Agent Ladies and Gentlemen: Reference is made to that certain Five-Year the Credit Agreement, Agreement dated as of June 16January 18, 2005 2007 (as amended, restated, amended and restated, extended, supplemented or otherwise modified in writing from time to time, the "AgreementAGREEMENT"; the terms defined therein being used herein as therein defined), among Albertson'sFidelity National Information Services, Inc., a Delaware Georgia corporation (the "BorrowerCOMPANY"), the Lenders Designated Borrowers from time to time party thereto, each lender party thereto, JPMorgan Chase Bank, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer, and Bank of America, N.A., as Administrative Agent and Swing Line Lender. The undersigned Company hereby requests a Swing Line Loan:

Appears in 1 contract

Samples: Credit Agreement (Fidelity National Information Services, Inc.)

Comprised of. INTEREST PERIOD ABSOLUTE RATE BID OR BID LOAN NOBid Loan No. OFFERED BID MAXIMUM EURODOLLAR MARGIN BID* ------------ --------------- ---------------- ---------------------- Interest Period offered Bid Maximum Absolute Rate Bid or Eurocurrency Margin Bid1 1 _______days/mos $_______________ $ (- +) _______% 2 _______days/mos $_______________ $ (- +) _______% 3 _______days/mos $_______________ $ (- +) _______% --------------- * Expressed in multiples of 1/100th of a basis point. B-2-1 Form of Competitive Bid Contact Person: __________________ Telephone:_________________ [LENDER] ByTelephone: ____________________________________ [LENDER] By: Name: __________________________________ Title: _________________________________ ******************************************************************************* THIS SECTION IS TO BE COMPLETED BY THE BORROWER IF IT WISHES TO ACCEPT ANY OFFERS CONTAINED IN THIS COMPETITIVE BID: The offers made above are hereby accepted in the amounts set forth below: PRINCIPAL BID LOAN NOBid Loan No. AMOUNT ACCEPTED ------------ --------------- Principal Amount Accepted $ $ $ ALBERTSON'SBORROWER: Tanger Properties Limited Partnership, INC. a North Carolina limited partnership By: Tanger GP Trust, its sole general partner By: ________________________________ Name: Title: XXXXXXX X [XXXXXXXXXXXXX XXXXXXX] XXXXXXX X FORM OF NOTE FOR VALUE RECEIVED, the undersigned (the “Borrower”) hereby promises to pay to _____________________ or registered assigns (the “Lender”), in accordance with the provisions of the Agreement (as hereinafter defined), the principal amount of each Loan from time to time made by the Lender to the Borrower under that certain Fourth Amended and Restated Credit Agreement, dated as of July 13, 2021 (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, the “Agreement;” the terms defined therein being used herein as therein defined), among Tanger Properties Limited Partnership (the “Borrower”), the Lenders from time to time party thereto, and Bank of America, N.A., as Administrative Agent and L/C Issuer. The Borrower promises to pay interest on the unpaid principal amount of each Loan from the date of such Loan until such principal amount is paid in full, at such interest rates and at such times as provided in the Agreement. All payments of principal and interest shall be made to the Administrative Agent for the account of the Lender in the currency in which such Committed Loan is denominated and in Same Day Funds at the Administrative Agent’s Office for such currency. If any amount is not paid in full when due hereunder, such unpaid amount shall bear interest, to be paid upon demand, from the due date thereof until the date of actual payment (and before as well as after judgment) computed at the per annum rate set forth in the Agreement. This Note is one of the Notes referred to in the Agreement, is entitled to the benefits thereof and may be prepaid in whole or in part subject to the terms and conditions provided therein. This Note is also entitled to the benefits of the Guaranty. Upon the occurrence and continuation of one or more of the Events of Default specified in the Agreement, all amounts then remaining unpaid on this Note shall become, or may be declared to be, immediately due and payable all as provided in the Agreement. Loans made by the Lender shall be evidenced by one or more loan accounts or records maintained by the Lender in the ordinary course of business. The Lender may also attach schedules to this Note and endorse thereon the date, amount, currency and maturity of its Loans and payments with respect thereto. The Borrower, for itself, its successors and assigns, hereby waives diligence, presentment, protest and demand and notice of protest, demand, dishonor and non-payment of this Note. Form of Note THIS NOTE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK. BORROWER: Tanger Properties Limited Partnership, a North Carolina limited partnership By: Tanger GP Trust, its sole general partner By: ________________________________ Name: Title: Form of Note LOANS AND PAYMENTS WITH RESPECT THERETO Date Type of Loan Made Currency and Amount of Loan Made End of Interest Period Amount of Principal or Interest Paid This Date Outstanding Principal Balance This Date Notation Made By _________ Form of Note EXHIBIT E Form of COMPLIANCE CERTIFICATE Check for distribution to PUBLIC and Private Side Lenders2 Financial Statement Date: _______________, _____ To: Bank of America, N.A., as Administrative Agent Ladies and Gentlemen: Reference is made to that certain Fourth Amended and Restated Credit Agreement, dated as of July 13, 2021 (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, the “Agreement;” the terms defined therein being used herein as therein defined), among Tanger Properties Limited Partnership (the “Borrower”), the Lenders from time to time party thereto, and Bank of America, N.A., as Administrative Agent and L/C Issuer. The undersigned Responsible Officer hereby certifies as of the date hereof that he/she is the _______________________________________ Name: _________________________________ Title: ________________________________ Date: _________________________________ EXHIBIT C FORM OF SWING LINE LOAN NOTICE To: Bank of Americathe Borrower, N.A.and that, as Swing Line Lender Bank of Americasuch, N.A., as he/she is authorized to execute and deliver this Certificate to the Administrative Agent Ladies and Gentlemen: Reference is made to that certain Five-Year Credit Agreement, dated as on the behalf of June 16, 2005 (as amended, amended and restated, extended, supplemented or otherwise modified in writing from time to time, the "Agreement"; the terms defined therein being used herein as therein defined), among Albertson's, Inc., a Delaware corporation (the "Borrower"), the Lenders from time to time party thereto, and Bank of America, N.A., as Administrative Agent and Swing Line Lender. The undersigned hereby requests a Swing Line Loan:that: [Use following paragraph 1 for fiscal year-end financial statements]

Appears in 1 contract

Samples: Credit Agreement (Tanger Properties LTD Partnership /Nc/)

Comprised of. INTEREST PERIOD ABSOLUTE RATE BID OR BID LOAN NOBid Loan No. OFFERED BID MAXIMUM EURODOLLAR MARGIN BIDInterest Period offered Bid Maximum Absolute Rate or Eurocurrency Bid Margin* ------------ --------------- ---------------- ---------------------- 1 _______days/mos $_______________ $ (- +) _______% 2 _______days/mos $_______________ $ (- +) _______% 3 _______days/mos $_______________ $ (- +) _______% --------------- * Expressed Form of Competitive Bid 64015027 The undersigned hereby confirms that it shall, subject to the terms and conditions set forth in multiples the Agreement, extend credit to the Borrower identified in item 3 above upon acceptance by the Company, on behalf of 1/100th the Borrower, of a basis pointthis bid in accordance with Section 2.03(e) of the Agreement. Contact Person: __________________ Telephone:_________________ Very truly yours, [NAME OF LENDER] By: ____________________________________ Name: __________________________________ Title: _________________________________ ******************************************************************************* THIS SECTION IS TO BE COMPLETED BY THE BORROWER COMPANY IF IT WISHES TO ACCEPT ACCEPT, ON BEHALF OF THE BORROWER NAMED IN ITEM 3 ABOVE, ANY OFFERS CONTAINED IN THIS COMPETITIVE BID: The offers made above are hereby accepted in the amounts set forth below: PRINCIPAL BID LOAN NOBid Loan No. AMOUNT ACCEPTED ------------ --------------- Principal Amount Accepted $ $ $ ALBERTSON'S, W.P. XXXXX INC. By: Name: Title: Date: Form of Competitive Bid 64015027 EXHIBIT B-3 TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT FORM OF COMPETITIVE LOAN NOTE Dated: __________, ____ FOR VALUE RECEIVED, the undersigned, [W.P. XXXXX INC.][INSERT NAME OF DESIGNATED BORROWER] (the “Borrower”), HEREBY PROMISES TO PAY to the order of _________________________ Namethe (“Lender”) for the account of its applicable Lending Office (as defined in the Credit Agreement referred to below), on ___________, ____, the principal amount of _________. The Borrower promises to pay interest on the unpaid principal amount hereof from the date hereof until such principal amount is paid in full, at the interest rate and payable on the interest payment date or dates provided below: Interest Rate: ____% per annum (calculated on the basis of a year of ___ days for the actual number of days elapsed). Last day of Interest Period: _________________________________ Title: ________________________________ . (the “Payment Date: _________________________________ EXHIBIT C FORM OF SWING LINE LOAN NOTICE To: ”) Both principal and interest are payable in Dollars to Bank of America, N.A., as Swing Line Lender N.A. (“Bank of America, N.A.”), as Administrative Agent Ladies Agent, or any successor to Bank of America in such capacity, for the account of the Lender in accordance with the terms of the Credit Agreement in Same Day Funds (as defined in the Credit Agreement) on the Payment Date, free and Gentlemen: Reference clear and without any deduction, with respect to the payee named above, for any and all present and future taxes, deductions, charges or withholdings, and all liabilities with respect thereto. This Competitive Loan Note is made one of the Competitive Loan Notes referred to that certain Five-Year in, and is entitled to the benefits of, the Third Amended and Restated Credit Agreement, dated as of June 16February 22, 2005 2017 (as amended, amended and restated, extended, supplemented or otherwise modified in writing from time to time, the "“Credit Agreement"; ;” the terms defined therein being used herein as therein defined), among Albertson's, Inc., a Delaware corporation [W.P. Xxxxx Inc. (the "Borrower")together with its permitted successors and assigns, the Lenders “Company”),] the Borrower, the [other] Designated Borrowers from time to time party thereto, certain Subsidiaries of the [Borrower][Company] identified therein as Guarantors, the Lender and certain other Lenders party thereto, Bank of America, as Administrative Agent, and Bank of America, JPMorgan Chase Bank, N.A. and Xxxxx Fargo Bank, N.A., as Administrative Agent and Swing Line LenderLenders and L/C Issuers. The undersigned Credit Agreement, among other things, contains provisions for acceleration of the maturity hereof upon the happening of certain stated events. The Borrower hereby requests waives presentment, demand, protest and notice of any kind. No failure to exercise, and no delay in exercising, any rights hereunder on the part of the holder hereof shall operate as a Swing Line Loan:waiver of such rights. Form of Competitive Loan Notice 64015027 This Competitive Loan Note shall be governed by, and construed in accordance with, the law of the State of New York.

Appears in 1 contract

Samples: Credit Agreement (W. P. Carey Inc.)

Comprised of. INTEREST PERIOD [ ] Bid Loans based on an [ ] Bid Loans based on Base [ ] Bid Loans based on Absolute Rate Rate Eurocurrency Rate ABSOLUTE RATE BID, BASE RATE BID OR INTEREST PERIOD EUROCURRENCY ALTERNATIVE BID LOAN NO. OFFERED BID MAXIMUM EURODOLLAR MARGIN BID* CURRENCY OFFERED ------------ --------------- ---------------- ---------------------- ----------- ------------------ ---------------- 1 ________ days/mos $_______________ (- +) _______% 2 ________ days/mos $_______________ (- +) _______% 3 ________ days/mos $_______________ (- +) _______% --------------- ----------------- * Expressed in multiples of 1/100th of a basis point. B-2-1 Form of Competitive Bid Contact Person: ____________________________ Telephone:: ____________________ [LENDER] By: ______________________________________ Name: ____________________________________ Title: ___________________________________ ******************************************************************************** B-2-2 Form of Competitive Bid THIS SECTION IS TO BE COMPLETED BY THE BORROWER COMPANY IF IT WISHES TO ACCEPT ANY OFFERS CONTAINED IN THIS COMPETITIVE BID: The offers made above are hereby accepted in the amounts set forth below: PRINCIPAL BID LOAN NO. PRINCIPAL AMOUNT ACCEPTED ------------ --------------- ------------------------- $ $ $ ALBERTSON'S, INC. STARBUCKS CORPORATION By: ___________________________________ Name: _________________________________ Title: ________________________________ Date: _________________________________ EXHIBIT C FORM OF SWING LINE LOAN NOTICE Date: ___________, _____ To: Bank of America, N.A., as Swing Line Lender Bank of America, N.A., as Administrative Agent Ladies and Gentlemen: Reference is made to that certain Five-Year Credit Agreement, dated as of June 16August 12, 2005 (as amended, amended and restated, extended, supplemented or otherwise modified in writing from time to time, the "Agreement"; ;" the terms defined therein being used herein as therein defined), among Albertson's, Inc.Starbucks Corporation, a Delaware Washington corporation (the "BorrowerCompany"), the Lenders from time to time party thereto, and Bank of America, N.A., as Administrative Agent Agent, L/C Issuer and Swing Line Lender. The undersigned hereby requests a Swing Line Loan:

Appears in 1 contract

Samples: Credit Agreement (Starbucks Corp)

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Comprised of. INTEREST PERIOD ABSOLUTE RATE BID OR EUROCURRENCY BID LOAN NO. INTEREST PERIOD OFFERED BID MAXIMUM EURODOLLAR MARGIN BID* ------------ --------------- ---------------- ---------------------- ----------------------- ------------------ ----------------- 1 _______days/mos $_________________ (- +) )________% 2 _______days/mos $_________________ (- +) )________% 3 _______days/mos $_________________ (- +) )________% --------------- ------------- * Expressed in multiples of 1/100th of a basis point. B-2 - 1 Form of Competitive Bid Contact Person: ___:_______________ Telephone:_________________ [LENDER] By: __:__________________________________ Name: __________________________________ Title: _________________________________ ******************************************************************************** THIS SECTION IS TO BE COMPLETED BY THE BORROWER COMPANY IF IT WISHES TO ACCEPT ANY OFFERS CONTAINED IN THIS COMPETITIVE BID: The offers made above are hereby accepted in the amounts set forth below: PRINCIPAL BID LOAN NO. PRINCIPAL AMOUNT ACCEPTED ------------ --------------- $ $ $ ALBERTSON'S, INC. By: ------------------------- ____________ $____________________ ____________ $____________________ ____________ $____________________ Date:______________ IDEX CORPORATION By:______________________________ Name: ___________________Title: EXHIBIT C FORM OF SWING LINE LOAN NOTICE Date:______________ Title: ________________________________ Date: _________________________________ EXHIBIT C FORM OF SWING LINE LOAN NOTICE To: Bank of America, N.A., as Swing Line Lender Bank of America, N.A., as Administrative Agent Ladies and Gentlemen: Reference is made to that certain Five-Year Credit Agreement, dated as of June 16December 14, 2005 2004 (as amended, amended and restated, extended, supplemented or otherwise modified in writing from time to time, the "Agreement"; the terms defined therein being used herein as therein defined), among Albertson's, Inc.IDEX Corporation, a Delaware corporation (the "BorrowerCompany"), the Lenders from time to time party thereto, and Bank of America, N.A., as Administrative Agent Agent, L/C Issuer and Swing Line Lender. The undersigned hereby requests a Swing Line Loan:

Appears in 1 contract

Samples: Credit Agreement (Idex Corp /De/)

Comprised of. INTEREST PERIOD ABSOLUTE RATE BID OR BID LOAN NO. INTEREST PERIOD OFFERED BID MAXIMUM EURODOLLAR MARGIN BID* ------------ --------------- ---------------- ----------------------- ----------- ---------------------- 1 _______days/mos $_______________ (- +) _______% 2 _______days/mos $_______________ (- +) _______% 3 _______days/mos $_______________ (- +) _______% --------------- -------------------- * Expressed in multiples of 1/100th of a basis point. Contact Person: ____________________ Telephone:: __________________ [LENDER] By: _____________________________________ Name: ___________________________________ Title: __________________________________ ******************************************************************************* THIS SECTION IS TO BE COMPLETED BY THE BORROWER IF IT WISHES TO ACCEPT ANY OFFERS CONTAINED IN THIS COMPETITIVE BID: The offers made above are hereby accepted in the amounts set forth below: PRINCIPAL BID LOAN NO. PRINCIPAL AMOUNT ACCEPTED ------------ --------------- ------------------------- $ $ $ ALBERTSON'S, INC. By: ___________________________________ Name: _________________________________ Title: ________________________________ Date: _________________________________ B-2-2 Form of Competitive Bid EXHIBIT C FORM OF SWING LINE LOAN NOTICE To: Bank of America, N.A., as Swing Line Lender Bank of America, N.A., as Administrative Agent Ladies and Gentlemen: Reference is made to that certain Five-Year Credit Agreement, dated as of June 1617, 2005 2004 (as amended, amended and restated, extended, supplemented or otherwise modified in writing from time to time, the "Agreement"; ;" the terms defined therein being used herein as therein defined), among Albertson's, Inc., a Delaware corporation (the "Borrower"), the Lenders from time to time party thereto, and Bank of America, N.A., as Administrative Agent and Swing Line Lender. The undersigned hereby requests a Swing Line Loan:

Appears in 1 contract

Samples: Credit Agreement (Albertsons Inc /De/)

Comprised of. INTEREST PERIOD ABSOLUTE RATE BID OR BID LOAN NO[Type of Revolving Loan requested] 4. OFFERED BID MAXIMUM EURODOLLAR MARGIN BID* ------------ --------------- ---------------- ---------------------- 1 _______days/mos $_______________ (- +) _______% 2 _______days/mos $_______________ (- +) _______% 3 _______days/mos $_______________ (- +) _______% --------------- * Expressed in multiples For Eurodollar Rate Loans: with an Interest Period of 1/100th months. ------- The Revolving Borrowing requested herein complies with the proviso to the first sentence of a basis pointSection 2.01 of the Agreement. Contact Person: __________________ Telephone:_________________ [LENDER] SAFECO CORPORATION By: ____________________________________ ------------------------------- Name: __________________________________ ------------------------- Title: _________________________________ ******************************************************************************* THIS SECTION IS TO BE COMPLETED BY THE BORROWER IF IT WISHES TO ACCEPT ANY OFFERS CONTAINED IN THIS COMPETITIVE BID: The offers made above are hereby accepted in the amounts set forth below: PRINCIPAL BID LOAN NO. AMOUNT ACCEPTED ------------ --------------- $ $ $ ALBERTSON'S, INC. ------------------------- By: ___________________________________ -------------------------------- Name: _________________________________ ------------------------- Title: ________________________________ ------------------------- Exhibit B FORM OF SWING LINE LOAN NOTICE Date: ____________________________, _____ EXHIBIT C FORM OF SWING LINE LOAN NOTICE To: Bank of America, N.A., as Swing Line Lender Bank of America, N.A., as Administrative Agent Ladies and Gentlemen: Reference is made to that certain Five-Year Credit Agreement, dated as of June 16September 18, 2005 2002 (as amended, amended and restated, extended, supplemented or otherwise modified in writing from time to time, the "Agreement"; ;" the terms defined therein being used herein as therein defined), among Albertson's, Inc.SAFECO Corporation, a Delaware Washington corporation (the "Borrower"), the Lenders from time to time party thereto, and Bank of America, N.A., as Administrative Agent Agent, L/C Issuer and Swing Line Lender. The undersigned hereby requests a Swing Line Loan:: 1. On (a Business Day). -------------------------------------------------- 2. In the amount of $ . ---------------------------------- The Swing Line Borrowing requested herein complies with the requirements of the provisos to the first sentence of Section 2.04(a) of the Agreement. SAFECO CORPORATION By: --------------------------------------- Name: --------------------------------------- Title: --------------------------------------- By: ------------------------------------- Name: ------------------------------------- Title: ------------------------------------- Exhibit C FORM OF REVOLVING LOAN NOTE $--------------- --------------------- FOR VALUE RECEIVED, SAFECO CORPORATION, a Washington corporation (the "Borrower"), hereby promises to pay to the order of ___________________________ (the "Lender"), on the Maturity Date (as defined in the Credit Agreement referred to below) the principal amount of __________________Dollars ($____________), or such lesser principal amount of Revolving Loans (as defined in such Credit Agreement) due and payable by the Borrower to the Lender on the Maturity Date under that certain Credit Agreement, dated as of September 18, 2002 (as amended, extended, supplemented or otherwise modified in writing from time to time, the "Agreement;" the terms defined therein being used herein as therein defined), among the Borrower, the Lenders from time to time party thereto, and Bank of America, N.A., as Administrative Agent, L/C Issuer and Swing Line Lender. The Borrower promises to pay interest on the unpaid principal amount of each Revolving Loan from the date of such Revolving Loan until such principal amount is paid in full, at such interest rates, and at such times as are specified in the Agreement. All payments of principal and interest shall be made to the Administrative Agent for the account of the Lender in Dollars in immediately available funds at the Administrative Agent's Office. If any amount is not paid in full when due hereunder, such unpaid amount shall bear interest, to be paid upon demand, from the due date thereof until the date of actual payment (and before as well as after judgment) computed at the per annum rate set forth in the Agreement. This Note is one of the Revolving Loan Notes referred to in the Agreement, is entitled to the benefits thereof and is subject to optional and mandatory prepayment in whole or in part as provided therein. Upon the occurrence of one or more of the Events of Default specified in the Agreement, all amounts then remaining unpaid on this Note shall become, or may be declared to be, immediately due and payable all as provided in the Agreement. Revolving Loans made by the Lender shall be evidenced by one or more loan accounts or records maintained by the Lender in the ordinary course of business. The Lender may also attach schedules to this Note and endorse thereon the date, amount and maturity of its Revolving Loans and payments with respect thereto. The Borrower, for itself, its successors and assigns, hereby waives diligence, presentment, protest and demand and notice of protest, demand, intent to accelerate, acceleration, dishonor and non-payment of this Note. THIS NOTE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. SAFECO CORPORATION By: --------------------------------------- Name: ---------------------------------------- Title: --------------------------------------- By: --------------------------------------- Name: ---------------------------------------- Title: ---------------------------------------

Appears in 1 contract

Samples: Credit Agreement (Safeco Corp)

Comprised of. INTEREST PERIOD ABSOLUTE RATE BID OR BID LOAN NO¨ Bid Loans based on an Absolute Rate ¨ Bid Loans based on Base Rate ¨ Bid Loans based on Eurocurrency Rate Bid Loan No. OFFERED BID MAXIMUM EURODOLLAR MARGIN BIDInterest Period offered Bid Maximum Absolute Rate Bid, Base Rate Bid or Eurocurrency Margin Bid* ------------ --------------- ---------------- ---------------------- Alternative Currency offered 1 ________ days/mos $_______________ (- +) _______% 2 ________ days/mos $_______________ (- +) _______% 3 ________ days/mos $_______________ (- +) _______% --------------- * Expressed in multiples of 1/100th of a basis point. Form of Competitive Bid Contact Person: __________________ Telephone:_________________ : [LENDER] By: ____________________________________ Name: __________________________________ Title: _________________________________ ********************************************************************************************************** Form of Competitive Bid THIS SECTION IS TO BE COMPLETED BY THE BORROWER COMPANY IF IT WISHES TO ACCEPT ANY OFFERS CONTAINED IN THIS COMPETITIVE BID: The offers made above are hereby accepted in the amounts set forth below: PRINCIPAL BID LOAN NOBid Loan No. AMOUNT ACCEPTED ------------ --------------- Principal Amount Accepted $ $ $ ALBERTSON'S, INC. STARBUCKS CORPORATION By: ___________________________________ Name: _________________________________ Title: ________________________________ Date: _________________________________ Form of Competitive Bid EXHIBIT C FORM OF SWING LINE LOAN NOTICE Date: , 20__ To: Bank of America, N.A., as Swing Line Lender Bank of America, N.A., as Administrative Agent Ladies and Gentlemen: Reference is made to that certain Five-Year Credit Agreement, dated as of June 16November 6, 2005 2015 (as amended, amended and restated, extended, supplemented or otherwise modified in writing from time to time, the "Agreement"; the terms defined therein being used herein as therein defined), among Albertson's, Inc.Starbucks Corporation, a Delaware Washington corporation (the "Borrower"“Company”), the Lenders from time to time party thereto, and Bank of America, N.A., as Administrative Agent and Swing Line LenderLender and Xxxxx Fargo Bank, N.A., Citibank, N.A., and Bank of America, N.A. as L/C Issuers. The undersigned hereby requests a Swing Line Loan:

Appears in 1 contract

Samples: Credit Agreement (Starbucks Corp)

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