Common use of Date of Borrowing Clause in Contracts

Date of Borrowing. 7 · In an aggregate principal amount (with any sublimits set forth below) not exceeding $ .8 7 As specified in the related Competitive Bid Request. 8 Principal amount bid for each Interest Period may not exceed the principal amount requested for such Interest Period as specified in the related Competitive Bid Request. Specify aggregate limitation if the sum of the individual offers exceeds the amount the Lender is willing to lend. Bids may be greater than or less than the Commitment of the Lender, but must be made for a principal amount of $5,000,000 or a larger multiple of $1,000,000. • Comprised of: Bid Loan No. Principal Amount (Maximum)3 Interest Period4 Absolute Rate5 1 $ _________ _______months ____ % 2 $ _________ _______months ____ % 3 $ _________ _______months ____ % We understand and agree that the offer(s) set forth above, subject to the satisfaction of the applicable conditions set forth in the Credit Agreement irrevocably obligates us to make the Competitive Bid Loan(s) for which any offer(s) is accepted, in whole or in part. Very truly yours, WORTHINGTON INDUSTRIES, INC. By: Name: Title: 3 Principal amount bid for each Interest Period may not exceed the principal amount requested for such Interest Period as specified in the related Competitive Bid Request. Specify aggregate limitation if the sum of the individual offers exceeds the amount the Lender is willing to lend. Bids may be greater than or less than the Revolving Commitment of the Lender, but must be made for a principal amount of $5,000,000 or a larger multiple of $1,000,000. 4 Insert “one month”, “two months”, “three months” or “six months” in the case of Competitive Bid LIBOR Loans and Competitive Bid Absolute Rate Loans, in each case as specified in the related Competitive Bid Request. No more than three bids are permitted for each Interest Period. 5 Specify rate of interest per annum (to the nearest 1/100th of 1%).

Appears in 1 contract

Samples: Credit Agreement (Worthington Industries Inc)

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Date of Borrowing. 7 · In an aggregate 4. We hereby offer to make Competitive Bid Loan(s) in the following principal amount (with any sublimits set forth below) not exceeding amounts, for the following Interest Periods and at the following rates: Competitive Bid Absolute Principal Amount** Interest Period*** Margin**** Rate***** $ .8 7 $ * As specified in the related Competitive Bid RequestInvitation. 8 ** Principal amount bid for each Interest Period may not exceed the principal amount requested for such Interest Period as specified in the related Competitive Bid Requestrequested. Specify aggregate limitation if the sum of the individual offers exceeds the amount the Lender is willing to lend. Bids may be greater than or less than the Commitment of the Lender, but must be made for a principal amount of $5,000,000 or a larger multiple of $1,000,000. • Comprised of: *** Not less than one month (LIBOR Auction) or not less than seven days (Absolute Rate Auction), as specified in the related Invitation. No more than five bids are permitted for each Interest Period. **** Margin over or under the London Interbank Offered Rate determined for the applicable Interest Period. Specify percentage (to the nearest 1/10,000 of 1%) and specify whether “PLUS” or “MINUS”. ***** Specify rate of interest per annum (to the nearest 1/10,000th of 1%). [Provided, that the aggregate principal amount of Competitive Bid Loan No. Principal Amount (Maximum)3 Interest Period4 Absolute Rate5 1 Loans for which the above offers may be accepted shall not exceed $ _________ _______months ____ % 2 $ _________ _______months ____ % 3 $ _________ _______months ____ % .]** We understand and agree that the offer(s) set forth above, subject to the satisfaction of the applicable conditions set forth in the Second Amended and Restated Credit Agreement dated as of October ___, 2008 among Xxxxxx Xxxxxxxx Materials, Inc., the Lenders from time to time parties thereto, yourselves, as Administrative Agent and Bank of America, N.A., Branch Banking and Trust Company, Wachovia Bank, National Association and Xxxxx Fargo Bank, N.A., as Co-Syndication Agents irrevocably obligates us to make the Competitive Bid Loan(s) for which any offer(s) is are accepted, in whole or in part. Very truly yours, WORTHINGTON INDUSTRIES[NAME OF BANK] By: By: Authorized Officer EXHIBIT G — Assignment and Assumption Agreement ASSIGNMENT AND ASSUMPTION AGREEMENT AGREEMENT dated as of , 20___ among [ASSIGNOR] (the “Assignor”), [ASSIGNEE] (the “Assignee”), XXXXXX XXXXXXXX MATERIALS, INC. By: Name: Title: 3 Principal amount bid for each Interest Period may not exceed (the principal amount requested for such Interest Period “Borrower”), JPMORGAN CHASE BANK, N.A., as specified in Administrative Agent (the related Competitive Bid Request. Specify aggregate limitation if the sum of the individual offers exceeds the amount the Lender is willing to lend. Bids may be greater than or less than the Revolving Commitment of the Lender“Administrative Agent”) and [ISSUING LENDER(S)], but must be made for a principal amount of $5,000,000 or a larger multiple of $1,000,000. 4 Insert “one month”, “two months”, “three months” or “six months” in the case of Competitive Bid LIBOR Loans and Competitive Bid Absolute Rate Loans, in each case as specified in the related Competitive Bid Request. No more than three bids are permitted for each Interest Period. 5 Specify rate of interest per annum (to the nearest 1/100th of 1%Issuing Lender(s).

Appears in 1 contract

Samples: Credit Agreement (Martin Marietta Materials Inc)

Date of Borrowing. 7 · In an 4. We hereby offer to make Bid Rate Loan(s) in the following principal amounts, for the following Interest Periods and at the following rates: Principal Interest Bid Rate Amount** Period*** [(Indexed)****] [(General)*****] -------- --------- --------------- ---------------- $ $ provided, that the aggregate principal amount (with any sublimits set forth below) of Bid Rate Loans for which the above offers may be accepted shall not exceeding $ .8 7 exceed $___________.] ------------------------ * As specified in the related Competitive Bid RequestInvitation. 8 ** Principal amount bid for each Interest Period may not exceed the principal amount requested for such Interest Period as specified in the related Competitive Bid Requestrequested. Specify aggregate limitation if the sum of the individual offers exceeds the amount the Lender Bank is willing to lend. Bids may be greater than or less than the Commitment of the Lender, but must be made for a principal amount of $5,000,000 or a larger of multiple of $1,000,000. • Comprised of: Bid Loan No*** Not less than one month or less than 30 days, as specified in the related Invitation, but no bid may be submitted for an Interest Period extending beyond bidder's Commitment Termination Date. Principal Amount No more than five bids are permitted for each Interest Period. **** Margin over or under the London Interbank Offered Rate determined for the applicable Interest Period. Specify percentage (Maximum)3 Interest Period4 Absolute Rate5 1 $ _________ _______months ____ % 2 $ _________ _______months ____ % 3 $ _________ _______months ____ % rounded to the nearest 1/10,000 of l%) and specify whether "PLUS" or "MINUS". ***** Specify rate of interest per annum (rounded to the nearest 1/10,000th of 1%). We understand and agree that the offer(s) set forth above, subject to the satisfaction of the applicable conditions set forth in the Three-Year Credit Agreement dated as of August 20, 2001 among the Borrower, the Banks listed on the signature pages thereof, Bank of America, N.A., as Syndication Agent, and yourselves, as Administrative Agent, irrevocably obligates us to make the Competitive Bid Rate Loan(s) for which any offer(s) is are accepted, in whole or in part. Very truly yours, WORTHINGTON INDUSTRIES, INC. [NAME OF BANK] Dated: By: Name-------------------- ------------------------------------ Authorized Officer EXHIBIT E-1 OPINION OF GENERAL COUNSEL OF THE BORROWER August 20, 2001 To the Banks and the Administrative Agent Referred to Below c/o The Chase Manhattan Bank as Administrative Agent 000 Xxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Ladies and Gentlemen: Title: 3 Principal amount bid for each Interest Period may not exceed I am the principal amount requested for such Interest Period Deputy General Counsel of Duke Capital Corporation (the "Borrower") and have acted as specified its counsel in connection with the Three-Year Credit Agreement (the "Credit Agreement"), dated as of August 20, 2001, among the Borrower, the banks listed on the signature pages thereof, The Chase Manhattan Bank, as Administrative Agent, and Bank of America, N.A., as Syndication Agent. Capitalized terms defined in the related Competitive Bid RequestCredit Agreement are used herein as therein defined. Specify aggregate limitation if the sum This opinion letter is being delivered pursuant to Section 3.01 (b) of the individual offers exceeds Credit Agreement. In such capacity, I or attorneys under my direct supervision have examined originals or copies, certified or otherwise identified to my satisfaction, of such documents, corporate records, certificates of public officials and other instruments and have conducted such other investigations of fact and law as I have deemed necessary or advisable for purposes of this opinion. Upon the amount the Lender is willing to lend. Bids may be greater than or less than the Revolving Commitment basis of the Lenderforegoing, but must be made for a principal amount I am of $5,000,000 or a larger multiple of $1,000,000. 4 Insert “one month”, “two months”, “three months” or “six months” in the case of Competitive Bid LIBOR Loans and Competitive Bid Absolute Rate Loans, in each case as specified in the related Competitive Bid Request. No more than three bids are permitted for each Interest Period. 5 Specify rate of interest per annum (to the nearest 1/100th of 1%).opinion that:

Appears in 1 contract

Samples: Year Credit Agreement (Duke Energy Corp)

Date of Borrowing. 7 · In an aggregate 4. We hereby offer to make Bid Rate Loan(s) in the following principal amount amounts, for the following Interest Periods and at the following rates: Principal Interest Bid Rate Principal Interest Bid Rate Amount** Period*** [Indexed)****] [(with any sublimits set forth below) not exceeding General)]*****] --------- --------- -------------- ----------------- $ .8 7 ----------------------------- *As specified in the related Competitive Bid RequestInvitation. 8 **Principal amount bid for each Interest Period may not exceed the principal amount requested for such Interest Period as specified in the related Competitive Bid Requestrequested. Specify aggregate limitation if the sum of the individual offers exceeds the amount the Lender Bank is willing to lend. Bids may be greater than or less than the Commitment of the Lender, but must be made for a principal amount of $5,000,000 or a larger of multiple of $1,000,000. • Comprised of: ***Not less than one month or less than 30 days, as specified in the related Invitation, but no bid may be submitted for an Interest Period extending beyond bidder's Commitment Termination Date. No more than five bids are permitted for each Interest Period. ****Margin over or under the London Interbank Offered Rate determined for the applicable Interest Period. Specify percentage (rounded to the nearest 1/10,000 of 1%) and specify whether "PLUS" or "MINUS". *****Specific rate of interest per annum (rounded to the nearest 1/10,000th of 1%). $ provided, that the aggregate principal amount of Bid Loan No. Principal Amount (Maximum)3 Interest Period4 Absolute Rate5 1 $ Rate Loans for which the above offers may be accepted shall not exceed $_________ _______months ____ % 2 $ _________ _______months ____ % 3 $ _________ _______months ____ % .]** We understand and agree that the offer(s) set forth above, subject to the satisfaction of the applicable conditions set forth in the Three-Year Credit Agreement dated as of August 29, 2001 among the Borrower, the Banks listed on the signature pages thereof, Bank of America, N.A., as Syndication Agent, and yourselves, as Administrative Agent, irrevocably obligates us to make the Competitive Bid Rate Loan(s) for which any offer(s) is are accepted, in whole or in part. Very truly yours, WORTHINGTON INDUSTRIES, INC. [NAME OF BANK] Dated: By: Name---------------------------- ---------------------------- Authorized Officer EXHIBIT E-1 OPINION OF GENERAL COUNSEL OF THE BORROWER August 29, 2001 To the Banks and the Administrative Agent Referred to Below c/o The Chase Manhattan Bank as Administrative Agent 000 Xxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Ladies and Gentlemen: Title: 3 Principal amount bid for each Interest Period may not exceed I am the principal amount requested for such Interest Period Deputy General Counsel of Duke Energy Corporation (the "Borrower") and have acted as specified its counsel in connection with the Three-Year Credit Agreement (the "Credit Agreement"), dated as of August 29,2001, among the Borrower, the banks listed on the signature pages thereof, The Chase Manhattan Bank, as Administrative Agent, and Bank of America, N.A., as Syndication Agent. Capitalized terms defined in the related Competitive Bid RequestCredit Agreement are used herein as therein defined. Specify aggregate limitation if the sum This opinion letter is being delivered pursuant to Section 3.01(b) of the individual offers exceeds Credit Agreement. In such capacity, I or attorneys under my direct supervision have examined originals or copies, certified or otherwise identified to my satisfaction, of such documents, corporate records, certificates of public officials and other instruments and have conducted such other investigations of fact and law as I have deemed necessary or advisable for purposes of this opinion. Upon the amount the Lender is willing to lend. Bids may be greater than or less than the Revolving Commitment basis of the Lenderforegoing, but must be made for a principal amount I am of $5,000,000 or a larger multiple of $1,000,000. 4 Insert “one month”, “two months”, “three months” or “six months” in the case of Competitive Bid LIBOR Loans and Competitive Bid Absolute Rate Loans, in each case as specified in the related Competitive Bid Request. No more than three bids are permitted for each Interest Period. 5 Specify rate of interest per annum (to the nearest 1/100th of 1%).opinion that:

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Duke Energy Corp)

Date of Borrowing. 7 · In an aggregate 4. We hereby offer to make Bid Rate Loan(s) in the following principal amount amounts, for the following Interest Periods and at the following rates: Principal Interest Bid Rate Amount** Period*** [(with any sublimits set forth below) not exceeding Indexed)****] [(General)*****] -------- --------- --------------- ---------------- $ .8 7 $ -------- *As specified in the related Competitive Bid RequestInvitation. 8 **Principal amount bid for each Interest Period may not exceed the principal amount requested for such Interest Period as specified in the related Competitive Bid Requestrequested. Specify aggregate limitation if the sum of the individual offers exceeds the amount the Lender Bank is willing to lend. Bids may be greater than or less than the Commitment of the Lender, but must be made for a principal amount of $5,000,000 or a larger of multiple of $1,000,000. • Comprised of: ***Not less than one month or less than 30 days, as specified in the related Invitation, but no bid may be submitted for an Interest Period extending beyond bidder's Commitment Termination Date. No more than five bids are permitted for each Interest Period. ****Margin over or under the London Interbank Offered Rate determined for the applicable Interest Period. Specify percentage (rounded to the nearest 1/10,000 of 1%) and specify whether "PLUS" or "MINUS". *****Specify rate of interest per annum (rounded to the nearest 1/10,000th of 1%). provided, that the aggregate principal amount of Bid Loan No. Principal Amount (Maximum)3 Interest Period4 Absolute Rate5 1 $ Rate Loans for which the above offers may be accepted shall not exceed $_________ _______months ____ % 2 $ _________ _______months ____ % 3 $ _________ _______months ____ % .]** We understand and agree that the offer(s) set forth above, subject to the satisfaction of the applicable conditions set forth in the 364-Day Credit Agreement dated as of August 25, 1997 among the Borrower, the Banks listed on the signature pages thereof and yourselves, as Administrative Agent, irrevocably obligates us to make the Competitive Bid Rate Loan(s) for which any offer(s) is are accepted, in whole or in part. Very truly yours, WORTHINGTON INDUSTRIES, INC. [NAME OF BANK] Dated: _________________________ By: Name__________________________________ Authorized Officer EXHIBIT E OPINION OF COUNSEL FOR THE BORROWER [Effective Date] To the Banks and the Administrative Agent Referred to Below c/o The Chase Manhattan Bank as Administrative Agent 000 Xxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Dear Sirs: Title: 3 Principal amount bid We have acted as counsel for each Interest Period may not exceed Duke Capital Corporation (the principal amount requested for such Interest Period "BORROWER") in connection with the 364-Day Credit Agreement (the "CREDIT AGREEMENT") dated as specified of August 25, 1997 among the Borrower, the banks listed on the signature pages thereof and The Chase Manhattan Bank, as Administrative Agent. Terms defined in the related Competitive Bid RequestCredit Agreement are used herein as therein defined. Specify aggregate limitation if We have examined originals or copies, certified or otherwise identified to our satisfaction, of such documents, corporate records, certificates of public officials and other instruments and have conducted such other investigations of fact and law as we have deemed necessary or advisable for purposes of this opinion. Upon the sum basis of the individual offers exceeds the amount the Lender is willing to lend. Bids may be greater than or less than the Revolving Commitment foregoing, we are of the Lender, but must be made for a principal amount of $5,000,000 or a larger multiple of $1,000,000. 4 Insert “one month”, “two months”, “three months” or “six months” in the case of Competitive Bid LIBOR Loans and Competitive Bid Absolute Rate Loans, in each case as specified in the related Competitive Bid Request. No more than three bids are permitted for each Interest Period. 5 Specify rate of interest per annum (to the nearest 1/100th of 1%).opinion that:

Appears in 1 contract

Samples: Credit Agreement (Duke Energy Corp)

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Date of Borrowing. 7 · In an 4. We hereby offer to make Money Market Loan(s) in the following principal amounts, for the following Interest Periods and at the following rates: Principal Interest Money Market Amount/1/ Period/2/ Rate/3/ -------------------------------------------------------------------------------- $ $ [Provided, that the aggregate principal amount (with any sublimits set forth below) not exceeding $ .8 7 As specified in of Money Market Loans for which the related Competitive Bid Request. 8 Principal amount bid for each Interest Period above offers may be accepted shall not exceed the principal amount requested for such Interest Period as specified in the related Competitive Bid Request. Specify aggregate limitation if the sum of the individual offers exceeds the amount the Lender is willing to lend. Bids may be greater than or less than the Commitment of the Lender, but must be made for a principal amount of $5,000,000 or a larger multiple of $1,000,000. • Comprised of: Bid Loan No. Principal Amount (Maximum)3 Interest Period4 Absolute Rate5 1 $ _________ _______months ____ % 2 $ _________ _______months ____ % 3 $ _________ _______months ____ % .]* We understand and agree that the offer(s) set forth above, subject to the satisfaction of the applicable conditions set forth in the Credit and Guaranty Agreement dated as of January 7, 1998 among the Borrower, [ARAMARK Uniform Services Group, Inc./ARAMARK Services, Inc.], ARAMARK Corporation, the Banks party thereto and The Chase Manhattan Bank and Xxxxxx Guaranty Trust Company of New York, as Agents (as amended from time to time, the "CREDIT AGREEMENT"), irrevocably obligates us to make the Competitive Bid Money Market Loan(s) for which any offer(s) is are accepted, in whole or in part. Terms used herein have the meanings assigned to them in the Credit Agreement. Very truly yours, WORTHINGTON INDUSTRIES, INC. [NAME OF BANK] Dated:_________________ By: Name: Title: 3 :__________________________ Authorized Officer --------------- /1/ Principal amount bid for each Interest Period may not exceed the principal amount requested for such Interest Period as specified in the related Competitive Bid Requestrequested. Specify aggregate limitation if the sum of the individual offers exceeds the amount the Lender Bank is willing to lend. Bids may be greater than or less than the Revolving Commitment of the Lender, but must be made for a principal amount of $5,000,000 or a larger multiple of $1,000,000. 4 Insert “one month”/2/ Not less than 7 nor more than 270 days, “two months”, “three months” or “six months” in the case of Competitive Bid LIBOR Loans and Competitive Bid Absolute Rate Loans, in each case as specified in the related Competitive Bid RequestInvitation. No more than three five bids are permitted for each Interest Period. 5 Specify rate of interest per annum (to the nearest 1/100th of 1%).

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Aramark Corp)

Date of Borrowing. 7 · In an 4. We hereby offer to make Bid Rate Loan(s) in the following principal amounts, for the following Interest Periods and at the following rates: Principal Interest Bid Rate Amount** Period*** [(Indexed)****] [(General)*****] -------- --------- --------------- ---------------- $ $ provided, that the aggregate principal amount (with any sublimits set forth below) of Bid Rate Loans for which the above offers may be accepted shall not exceeding $ .8 7 exceed $___________.]** -------- *As specified in the related Competitive Bid RequestInvitation. 8 **Principal amount bid for each Interest Period may not exceed the principal amount requested for such Interest Period as specified in the related Competitive Bid Requestrequested. Specify aggregate limitation if the sum of the individual offers exceeds the amount the Lender Bank is willing to lend. Bids may be greater than or less than the Commitment of the Lender, but must be made for a principal amount of $5,000,000 or a larger of multiple of $1,000,000. • Comprised of: ***Not less than one month or less than 30 days, as specified in the related Invitation, but no bid may be submitted for an Interest Period extending beyond bidder's Termination Date. No more than five bids are permitted for each Interest Period. ****Margin over or under the London Interbank Offered Rate determined for the applicable Interest Period. Specify percentage (rounded to the nearest 1/10,000 of 1%) and specify whether "PLUS" or "MINUS". *****Specify rate of interest per annum (rounded to the nearest 1/10,000th of 1%). provided, that the aggregate principal amount of Bid Loan No. Principal Amount (Maximum)3 Interest Period4 Absolute Rate5 1 $ Rate Loans for which the above offers may be accepted shall not exceed $_________ _______months ____ % 2 $ _________ _______months ____ % 3 $ _________ _______months ____ % .]** We understand and agree that the offer(s) set forth above, subject to the satisfaction of the applicable conditions set forth in the Five-Year Credit Agreement dated as of August 25, 1997 among the Borrower, the Banks listed on the signature pages thereof and yourselves, as Administrative Agent, irrevocably obligates us to make the Competitive Bid Rate Loan(s) for which any offer(s) is are accepted, in whole or in part. Very truly yours, WORTHINGTON INDUSTRIES, INC. [NAME OF BANK] Dated: __________________________ By: Name__________________________________ Authorized Officer EXHIBIT E OPINION OF COUNSEL FOR THE BORROWER [Effective Date] To the Banks and the Administrative Agent Referred to Below c/o The Chase Manhattan Bank as Administrative Agent 000 Xxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Dear Sirs: Title: 3 Principal amount bid We have acted as counsel for each Interest Period may not exceed Duke Capital Corporation (the principal amount requested for such Interest Period "BORROWER") in connection with the Five-Year Credit Agreement (the "CREDIT AGREEMENT") dated as specified of August 25, 1997 among the Borrower, the banks listed on the signature pages thereof and The Chase Manhattan Bank, as Administrative Agent. Terms defined in the related Competitive Bid RequestCredit Agreement are used herein as therein defined. Specify aggregate limitation if We have examined originals or copies, certified or otherwise identified to our satisfaction, of such documents, corporate records, certificates of public officials and other instruments and have conducted such other investigations of fact and law as we have deemed necessary or advisable for purposes of this opinion. Upon the sum basis of the individual offers exceeds the amount the Lender is willing to lend. Bids may be greater than or less than the Revolving Commitment foregoing, we are of the Lender, but must be made for a principal amount of $5,000,000 or a larger multiple of $1,000,000. 4 Insert “one month”, “two months”, “three months” or “six months” in the case of Competitive Bid LIBOR Loans and Competitive Bid Absolute Rate Loans, in each case as specified in the related Competitive Bid Request. No more than three bids are permitted for each Interest Period. 5 Specify rate of interest per annum (to the nearest 1/100th of 1%).opinion that:

Appears in 1 contract

Samples: Credit Agreement (Duke Energy Corp)

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