Common use of Submission and Contents of Competitive Clause in Contracts

Submission and Contents of Competitive. Bid Quotes. (i) Each Lender may, in its sole discretion, submit a Competitive Bid Quote containing an offer or offers to make Competitive Bid Loans in response to any Invitation for Competitive Bid Quotes. Each Competitive Bid Quote must comply with the requirements of this Section 2.1(D) and must be submitted to the Administrative Agent by facsimile at its offices specified in or pursuant to Article XVII not later than (x) 1:00 p.m. (Chicago time) at least four (4) Business Days prior to the proposed Borrowing Date, in the case of a Eurocurrency Auction or (y) 9:00 a.m. (Chicago time) on the proposed Borrowing Date, in the case of an Absolute Rate Auction (or, in either case upon reasonable prior notice to the Lenders, such other time and date as the Company and the Administrative Agent may agree); provided that Competitive Bid Quotes submitted by the Administrative Agent may only be submitted if the Administrative Agent notifies the Company of the terms of the offer or offers contained therein not later than 15 minutes prior to the latest time at which the relevant Competitive Bid Quotes must be submitted by the other Lenders. Subject to Articles V and XI, any Competitive Bid Quote so made shall be irrevocable except with the written consent of the Administrative Agent given on the instructions of the Company.

Appears in 2 contracts

Samples: Credit Agreement (American National Can Group Inc), Credit Agreement (American National Can Group Inc)

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Submission and Contents of Competitive. Bid QuotesQuotes (a) . (ia) Each Lender may, in its sole discretion, submit a Competitive Bid Quote containing an offer or offers to make Competitive Bid Loans in response to any Invitation for Competitive Bid Quotes. Each Competitive Bid Quote must comply with the requirements of this Section 2.1(D) 2.05.4 and must be submitted to the Administrative Agent by facsimile telecopy at its offices specified in or pursuant to Article XVII Section 9.01 not later than (xi) 1:00 p.m. 9:00 a.m. (Chicago time) at least four (4) three Business Days prior to the proposed Borrowing Date, in the case of a Eurocurrency Auction or (yii) 9:00 a.m. (Chicago time) on the proposed Borrowing Date, in the case of an Absolute Rate Auction (or, in either case upon reasonable prior notice to the Lenders, such other time and date as the Company applicable Borrower and the Administrative Agent may agree); provided that Competitive Bid Quotes submitted by the Administrative Agent JPMCB may only be submitted if the Administrative Agent or JPMCB notifies the Company such Borrower of the terms of the offer or offers contained therein not later than 15 minutes prior to the latest time at which the relevant Competitive Bid Quotes must be submitted by the other Lenders. Subject to Articles V Article 3 and XISection 6.03, any Competitive Bid Quote so made shall be irrevocable except with the written consent of the Administrative Agent given on the instructions of the Companyapplicable Borrower.

Appears in 1 contract

Samples: Credit Agreement (Emerson Electric Co)

Submission and Contents of Competitive. Bid Quotes. ------------------------------------------------------- (ia) Each Lender may, in its sole discretion, submit a Competitive Bid Quote containing an offer or offers to make Competitive Bid Loans in response to any Invitation for Competitive Bid Quotes. Each Competitive Bid Quote must comply with the requirements of this Section 2.1(D) 2.3.4 and must be submitted to the ------------- Administrative Agent by facsimile telex or telecopy at its offices specified in or pursuant to Article XVII XIII not later than (xi) 1:00 p.m. 9:00 a.m. (Chicago time) at least four (4) Business Days prior to the proposed Borrowing Date, in the case of a Eurocurrency Eurodollar Auction or (yii) 9:00 a.m. (Chicago time) on the proposed Borrowing Date, in the case of an Absolute Rate Auction (or, in either case upon reasonable prior notice to the Lenders, such other time and date as the Company Borrower and the Administrative Agent may agree); provided that Competitive Bid Quotes -------- submitted by the Administrative Agent Bank One may only be submitted if the Administrative Agent or Bank One notifies the Company Borrower of the terms of the offer or offers contained therein not later than 15 minutes prior to the latest time at which the relevant Competitive Bid Quotes must be submitted by the other Lenders. Subject to Articles V IV and XIVIII, any Competitive Bid Quote so made shall be irrevocable except with the written consent of the Administrative Agent given on the instructions of the CompanyBorrower.

Appears in 1 contract

Samples: Credit Agreement (Ralcorp Holdings Inc /Mo)

Submission and Contents of Competitive. Bid Quotes. (i) Each Lender may, in its sole discretion, submit a Competitive Bid Quote containing an offer or offers to make Competitive Bid Loans in response to any Invitation for Competitive Bid Quotes. Each Competitive Bid Quote must comply with the requirements of this Section 2.1(D) 2.3.4 and must be submitted to the Administrative Agent by facsimile telex or telecopy at its offices specified in or pursuant to Article XVII XIII not later than (xa) 1:00 p.m. 9:00 a.m. (Chicago time) at least four (4) three Business Days prior to the proposed Borrowing Date, in the case of a Eurocurrency Eurodollar Auction or (yb) 9:00 a.m. (Chicago time) on the proposed Borrowing Date, in the case of an Absolute Rate Auction (or, in either case upon reasonable prior notice to the Lenders, such other time and date as the Company Borrower and the Administrative Agent may agree); provided that Competitive Bid Quotes submitted by a Lender which is also the Administrative Agent may only be submitted if the Administrative Agent notifies the Company Borrower of the terms of the offer or offers contained therein not later than 15 minutes prior to the latest time at which the relevant Competitive Bid Quotes must be submitted by the other Lenders. Subject to Articles V IV and XIVIII, any Competitive Bid Quote so made shall be irrevocable except with the written consent of the Administrative Agent given on the instructions of the CompanyBorrower.

Appears in 1 contract

Samples: Credit Agreement (National Computer Systems Inc)

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Submission and Contents of Competitive. Bid Quotes. (i) Each Lender may, in its sole discretion, submit a Competitive Bid Quote containing an offer or offers to make Competitive Bid Loans in response to any Invitation for Competitive Bid Quotes. Each Competitive Bid Quote must comply with the requirements of this Section 2.1(D) 2.3.4 and must be submitted to the Administrative Agent by facsimile telecopy at its offices specified in or pursuant to Article XVII XIII not later than (xa) 1:00 p.m. 9:00 a.m. (Chicago time) at least four (4) three Business Days prior to the proposed Borrowing Date, in the case of a Eurocurrency Eurodollar Auction or (yb) 9:00 a.m. (Chicago time) on the proposed Borrowing Date, in the case of an Absolute Rate Auction (or, in either case upon reasonable prior notice to the Lenders, such other time and date as the Company Borrower and the Administrative Agent may agree); provided that Competitive Bid Quotes submitted by the Administrative Agent JPMCB may only be submitted if the Administrative Agent or JPMCB notifies the Company Borrower of the terms of the offer or offers contained therein not later than 15 30 minutes prior to the latest time at which the relevant Competitive Bid Quotes must be submitted by the other Lenders. Subject to Articles V IV and XIVIII, any Competitive Bid Quote so made shall be irrevocable except with the written consent of the Administrative Agent given on the instructions of the CompanyBorrower.

Appears in 1 contract

Samples: Ratable Note (Amli Residential Properties Trust)

Submission and Contents of Competitive. Bid Quotes. (i) Each Lender may, in its sole discretion, submit a Competitive Bid Quote containing an offer or offers to make Competitive Bid Loans in response to any Invitation for Competitive Bid Quotes. Each Competitive Bid Quote must comply with the requirements of this Section 2.1(D2.2(D) and must be submitted to the Administrative Agent by facsimile at its offices specified in or pursuant to Article XVII not later than (x) 1:00 2:00 p.m. (Chicago New York time) at least four (4) Business Days prior to the proposed Borrowing Date, in the case of a Eurocurrency Auction or (y) 9:00 10:00 a.m. (Chicago New York time) on the proposed Borrowing Date, in the case of an Absolute Rate Auction (or, in either case upon reasonable prior notice to the Lenders, such other time and date as the Company and the Administrative Agent may agree); provided that Competitive Bid Quotes submitted by the Administrative Agent may only be submitted if the Administrative Agent notifies the Company of the terms of the offer or offers contained therein not later than 15 minutes prior to the latest time at which the relevant Competitive Bid Quotes must be submitted by the other Lenders. Subject to Articles V and XI, any Competitive Bid Quote so made shall be irrevocable except with the written consent of the Administrative Agent given on the instructions of the Company.

Appears in 1 contract

Samples: Credit Agreement (Lanier Worldwide Inc)

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