Common use of Requests for Bids by the Borrowers Clause in Contracts

Requests for Bids by the Borrowers. Subject to the terms and conditions set forth herein, from time to time during the Availability Period a Borrower may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans denominated in Dollars or in any Foreign Currency; provided that the sum of the total Revolving Credit Exposures plus the aggregate principal amount of outstanding Competitive Loans at any time shall not exceed the total Commitments. To request Competitive Bids, a Borrower shall notify the Administrative Agent of such request by telephone, in the case of a Eurocurrency Borrowing, not later than 11:00 a.m., New York City time, four Business Days (or, in the case of a Eurocurrency Borrowing denominated in a Foreign Currency, 11:00 a.m., London time, five 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., New York City time (or, in the case of a Fixed Rate Borrowing denominated in a Foreign Currency, 10:00 a.m., London time), two Business Days before the date of the proposed Borrowing; provided that the Borrowers may in the aggregate submit up to (but not more than) three Competitive Bid Requests on the same day, and a Competitive Bid Request shall not be made within five Business Days 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date of any previous Competitive Bid Request, unless any and all such previous Competitive Bid Requests shall have been withdrawn or all Competitive Bids received in response thereto rejected.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 (on behalf of itself or, as applicable, an Approved Borrower). Each such telephonic and written Competitive Bid Request shall specify the following information in compliance with Section 2.02:

Requests for Bids by the Borrowers. Subject to the terms and conditions set forth herein, from time to time during the Availability Period a Borrower may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans denominated in Dollars or in any Foreign Currency; provided that the sum of the total Revolving Credit Exposures plus the aggregate principal amount of outstanding Competitive Loans at any time shall not exceed the total Commitments. To request Competitive Bids, a Borrower shall notify the Administrative Agent of such request by telephone, in the case of a Eurocurrency Borrowing, not later than 11:00 a.m., New York City time, four Business Days (or, in the case of a Eurocurrency Borrowing denominated in a Foreign Currency, 11:00 a.m., London time, five 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., New York City time (or, in the case of a Fixed Rate Borrowing denominated in a Foreign Currency, 10:00 a.m., London time), ) two Business Days Days, before the date of the proposed Borrowing; provided that the Borrowers may in the aggregate submit up to (but not more than) three Competitive Bid Requests on the same day, and a Competitive Bid Request shall not be made within five Business Days 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 (on behalf of itself or, as applicable, an Approved Borrower). Each such telephonic and written Competitive Bid Request shall specify the following information in compliance with Section 2.02:

Requests for Bids by the Borrowers. Subject to the terms and conditions set forth herein, from time to time during the Availability Period a period from the Effective Date to but excluding the Commitment Termination Date either Borrower or both Borrowers may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans denominated in Dollars or in any Foreign CurrencyLoans; provided that the sum of the total Revolving Credit Exposures plus the aggregate principal amount of outstanding Competitive Loans at any time shall not exceed the total Commitments. To request Competitive Bids, a the relevant Borrower shall notify the Administrative Agent of such request by telephone, in the case of a Eurocurrency Eurodollar Borrowing, not later than 11:00 a.m., New York City time, four Business Days (or, in the case of a Eurocurrency Borrowing denominated in a Foreign Currency, 11:00 a.m., London time, five 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., New York City time (ortime, in the case of a Fixed Rate Borrowing denominated in a Foreign Currency, 10:00 a.m., London time), two one Business Days Day before the date of the proposed Borrowing; provided that the Borrowers may in the aggregate submit up to (but not more than) three two Competitive Bid Requests on the same day, and but a Competitive Bid Request shall not be made within five Business Days 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 (on behalf of itself or, as applicable, an Approved relevant Borrower). Each such telephonic and written Competitive Bid Request shall specify the following information in compliance with Section 2.02:

Requests for Bids by the Borrowers. Subject to the terms and conditions set forth herein, from time to time during the Availability Period a period from the Effective Date to but excluding the Commitment Termination Date either Borrower or both Borrowers may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans denominated in Dollars or in under any Foreign CurrencyTranche available to it; provided that the sum of the total Revolving Credit Exposures under such Tranche plus the aggregate principal amount of outstanding Competitive Loans under such Tranche at any time shall not exceed the total CommitmentsCommitments under such Tranche. To request Competitive Bids, a the relevant Borrower shall notify the Administrative Agent of such request by telephone, in the case of a Eurocurrency Eurodollar Borrowing, not later than 11:00 a.m., New York City time, four Business Days (or, in the case of a Eurocurrency Borrowing denominated in a Foreign Currency, 11:00 a.m., London time, five 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., New York City time (ortime, in the case of a Fixed Rate Borrowing denominated in a Foreign Currency, 10:00 a.m., London time), two one Business Days Day before the date of the proposed Borrowing; provided that the Borrowers may in the aggregate submit up to (but not more than) three two Competitive Bid Requests under a Tranche on the same day, and but a Competitive Bid Request under such Tranche shall not be made within five Business Days after the date of any previous Competitive Bid RequestRequest under such Tranche, unless any and all such previous Competitive Bid Requests shall have been withdrawn 30 - 24 - 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 (on behalf of itself or, as applicable, an Approved relevant Borrower). Each such telephonic and written Competitive Bid Request shall specify the following information in compliance with Section 2.02:

Requests for Bids by the Borrowers. Subject to the terms and conditions set forth herein, from time to time during the Availability Period a period from the Effective Date to but excluding the Commitment Termination Date either Borrower or both Borrowers may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans denominated in Dollars or in under any Foreign CurrencyTranche available to it; provided that the sum of the total Revolving Credit Exposures under such Tranche plus the aggregate principal amount of outstanding Competitive Loans under such Tranche at any time shall not exceed the total CommitmentsCommitments under such Tranche. To request Competitive Bids, a the relevant Borrower shall notify the Administrative Agent of such request by telephone, in the case of a Eurocurrency Eurodollar Borrowing, not later than 11:00 a.m., New York City time, four Business Days (or, in the case of a Eurocurrency Borrowing denominated in a Foreign Currency, 11:00 a.m., London time, five 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., New York City time (ortime, in the case of a Fixed Rate Borrowing denominated in a Foreign Currency, 10:00 a.m., London time), two one Business Days Day before the date of the proposed Borrowing; provided that the Borrowers may in the aggregate submit up to (but not more than) three two Competitive Bid Requests under a Tranche on the same day, and but a Competitive Bid Request under such Tranche shall not be made within five Business Days after the date of any previous Competitive Bid RequestRequest under such Tranche, 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 (on behalf of itself or, as applicable, an Approved relevant Borrower). Each such telephonic and written Competitive Bid Request shall specify the following information in compliance with Section 2.02:

Requests for Bids by the Borrowers. Subject to the terms and conditions set forth herein, from time to time during the Availability Period a period from the Effective Date to but excluding the Commitment Termination Date either Borrower or both Borrowers may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans denominated in Dollars or in any Foreign CurrencyLoans; provided that the sum of the total Revolving Credit Exposures plus the aggregate principal amount of outstanding Competitive Loans at any time shall not exceed the sum of the total CommitmentsCommitments plus outstanding Term Loans and Non-Extending Lender Term Loans. To request Competitive Bids, a the relevant Borrower shall notify the Administrative Agent of such request by telephone, in the case of a Eurocurrency Eurodollar Borrowing, not later than 11:00 a.m., New York City time, four Business Days (or, in the case of a Eurocurrency Borrowing denominated in a Foreign Currency, 11:00 a.m., London time, five 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., New York City time (ortime, in the case of a Fixed Rate Borrowing denominated in a Foreign Currency, 10:00 a.m., London time), two one Business Days Day before the date of the proposed Borrowing; provided that the Borrowers may in the aggregate submit up to (but not more than) three two Competitive Bid Requests on the same day, and but a Competitive Bid Request shall not be made within five Business Days 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 (on behalf of itself or, as applicable, an Approved relevant Borrower). Each such telephonic and written Competitive Bid Request shall specify the following information in compliance with Section 2.02:

Requests for Bids by the Borrowers. Subject to the terms and conditions set forth herein, from time to time during the Availability Period a Borrower may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans denominated in Dollars or in any Foreign Currency; provided that the sum of the total Revolving Credit Exposures plus the aggregate principal amount of outstanding Competitive Loans at any time shall not exceed the total Commitments. To request Competitive Bids, a Borrower shall notify the Administrative Agent of such request by telephone, in the case of a Eurocurrency Borrowing, not later than 11:00 a.m., New York City time, four Business Days (or, in the case of a Eurocurrency Borrowing denominated in a Foreign Currency, 11:00 a.m., London time, five 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., New York City time (or, in the case of a Fixed Rate Borrowing denominated in a Foreign Currency, 10:00 a.m., London time), two Business Days before the date of the proposed Borrowing; provided that the Borrowers may in the aggregate submit up to (but not more than) three Competitive Bid Requests on the same day, and a Competitive Bid Request shall not be made within five Business Days 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 3-Year Credit Agreement approved by the Administrative Agent and signed by the Company (on behalf of itself or, as applicable, an Approved Borrower). Each such telephonic and written Competitive Bid Request shall specify the following information in compliance with Section 2.02: