Form of Competitive. Bid provided that the Company may not accept offers that would result in the undersigned making Competitive Loans pursuant hereto in excess of $[ ] in the aggregate (the “Competitive Loan Limit”). Please notify, as provided in Section 2.03(d) of the Credit Agreement, the Company of this Competitive Bid. 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 obligate(s) us to make the Competitive Loan(s) for which any offer(s) [is] [are] accepted, in whole or in part (subject to the third sentence of Section 2.03(e) of the Credit Agreement and any Competitive Loan Limit specified above). Very truly yours, [NAME OF LENDER] By Name: Title: Form of Competitive Bid EXHIBIT E-1 [Form of Designation Letter] [Date] To JPMorgan Chase Bank, N.A., as Administrative Agent Loan and Agency Services Group 0000 Xxxxxx Xxxxxx, 10th Floor Houston, Texas 77002-8069 Attention: [ ] Ladies and Gentlemen: We make reference to the Credit Agreement (as amended, supplemented and otherwise modified and in effect from time to time, the “Credit Agreement”), dated as of November 14, 2005 among Xxxxxx Rubbermaid Inc. (the “Company”), the lenders party thereto (the “Lenders”) and JPMorgan Chase Bank, N.A., as Administrative Agent (in such capacity, the “Administrative Agent”). Terms defined in the Credit Agreement are used herein as defined therein. The Company hereby designates [ ] (the “Designated Borrower”), a Wholly-Owned Subsidiary of the Company and a corporation duly incorporated under the laws of [State/Country], as a Borrower in accordance with Section 2.05 of the Credit Agreement until such designation is terminated in accordance with said Section 2.05, entitled to borrow Competitive Loans. The Designated Borrower hereby accepts the above designation and hereby expressly and unconditionally accepts the obligations of a Borrower under the Credit Agreement, adheres to the Credit Agreement and agrees and confirms that, upon your execution and return to the Company of the enclosed copy of this letter, it shall be a Borrower for purposes of the Credit Agreement and agrees to be bound by and to perform and comply with the terms and provisions of the Credit Agreement applicable to it as if it had originally executed the Credit Agreement. The Designated Borrower hereby authorizes and empowers the Company to act as its representative and attorney-in-fact for the purposes of signin...
Form of Competitive. Bid Quote To: AutoNation, Inc. (the “Borrower”) [or JPMorgan Chase Bank, N.A., as Administrative Agent] Attention: [__________] Re: Competitive Bid Quote This Competitive Bid Quote is given in accordance with Section 2.5 of the Third Amended and Restated Credit Agreement dated as of March 26, 2020 (as amended, supplemented or otherwise modified and in effect from time to time, the “Credit Agreement”) by and among AutoNation, Inc., the lenders named therein and JPMorgan Chase Bank, N.A., as administrative agent. Terms defined in the Credit Agreement are used herein as defined therein. In response to the Borrower’s invitation dated ______________, ____, we hereby make the following Competitive Bid Quote(s) on the following terms:
Form of Competitive. Bid Request Schedule 2.3(b)-2..........
Form of Competitive. Bid Accept/Reject Letter Schedule 2.3(i)............ Form of Competitive Note Schedule 3.2...............
Form of Competitive. Bid Request ------------------------------- EXHIBIT D [FORM OF COMPETITIVE BID] Competitive Bid [______________, 20__] The Chase Manhattan Bank, as Administrative Agent Loan and Agency Services Group 1 Chase Manhattan Plaza 8th Floor New York, New York 10081 Axxxxxxxx: Xxxxxx xxx Xxxxxxxxx: Xxxxxxxce is made to the 364-Day Credit Agreement dated as of October 23, 2000 (as amended, supplemented and otherwise modified and in effect from time to time, the "Credit Agreement"), among Newell Rubbermaid Inc., a Delaware corporation, the Lenders xxxxx thereto and The Chase Manhattan Bank, as Administrative Agent. Terms used but not defined herein have the respective meanings given to such terms under the Credit Agreement. This Competitive Bid is being delivered to the Administrative Agent pursuant to Section 2.03(c) of the Credit Agreement. In response to the Competitive Bid Request of the Company dated [_______, 200_], the undersigned hereby submits, as provided in Section 2.03(c) of the Credit Agreement, Competitive Bid(s) for the proposed Competitive Borrowing(s) described below: Borrowing Interest Borrower Date Currency Amount* Type** Period*** Rate**** -------- -------- -------- ------- ------ --------- -------- __________________ * Each amount must be per Section 2.03(c)(ii) or an integral multiple of $1,000,000 or the Foreign Currency Equivalent thereof. ** Insert either "Margin" (in the case of Competitive LIBOR Loans) or "Rate" (in the case of Set Rate Loans). *** 1, 2, 3 or 6 months (in the case of a Competitive LIBOR Loan) or a period of up to 180 days after the making of the Loan the last day of which is a Business Day (in the case of a Set Rate Loan). Form of Competitive Bid -----------------------
Form of Competitive. Bid ----------------------- EXHIBIT E-1 [FORM OF DESIGNATION LETTER] [Date] To The Chase Manhattan Bank, as Administrative Agent Loan and Agency Services Group 1 Chase Manhattan Plaza 8th Floor New York, New York 10081 Axxxxxxxx:
