Common use of Competitive Bid Procedure Clause in Contracts

Competitive Bid Procedure. (a) In order to request a CAF Advance, the Borrower shall deliver to the Administrative Agent a written notice in the form of Exhibit E, attached hereto (a "Competitive Bid Request"), to be received by the Administrative Agent (i) in the case of each CAF Eurodollar Rate Advance, not later than 3:00 P.M. (New York City time), four (4) Business Days before the Borrowing Date specified for such CAF Eurodollar Rate Advance and (ii) in the case of each Fixed Rate Advance, not later than 11:00 A.M. (New York City time), one (1) Business Day before the Borrowing Date specified for such Fixed Rate Advance. Each Competitive Bid Request shall in each case refer to this Agreement and specify (i) the date of Borrowing of such CAF Advances (which shall be a Business Day), (ii) the aggregate principal amount thereof, (iii) whether the CAF Advances then being requested are to be CAF Eurodollar Rate Advances or Fixed Rate Advances, (iv) the maturity date for each CAF Advance requested to be made and (v) the interest payment dates for each CAF Advance requested to be made. The Administrative Agent shall promptly notify each Lender by telex or facsimile transmission of the contents of each Competitive Bid Request received by it. Each Competitive Bid Request may solicit bids for CAF Advances in an aggregate principal amount of $5,000,000 or an integral multiple of $1,000,000 in excess thereof and for not more than three alternative maturity dates for such CAF Advances. The maturity date for each CAF Advance shall be not less than 15 days nor more than 180 days after the applicable date of CAF Borrowing (and in any event shall not extend beyond the Termination Date).

Competitive Bid Procedure. (a) In order to request a CAF Advance, the Borrower shall deliver to the Administrative Agent a written notice in the form of Exhibit E, attached hereto (a "CERC Credit Agreement “Competitive Bid Request"”), to be received by the Administrative Agent (i) in the case of each CAF Eurodollar Rate Advance, not later than 3:00 P.M. (New York City time), four (4) Business Days before the Borrowing Date specified for such CAF Eurodollar Rate Advance and (ii) in the case of each Fixed Rate Advance, not later than 11:00 A.M. (New York City time), one (1) Business Day before the Borrowing Date specified for such Fixed Rate Advance. Each Competitive Bid Request shall in each case refer to this Agreement and specify (i) the date of Borrowing of such CAF Advances (which shall be a Business Day), (ii) the aggregate principal amount thereof, (iii) whether the CAF Advances then being requested are to be CAF Eurodollar Rate Advances or Fixed Rate Advances, (iv) the maturity date for each CAF Advance requested to be made and (v) the interest payment dates for each CAF Advance requested to be made. The Administrative Agent shall promptly notify each Lender by telex or facsimile transmission of the contents of each Competitive Bid Request received by it. Each Competitive Bid Request may solicit bids for CAF Advances in an aggregate principal amount of $5,000,000 or an integral multiple of $1,000,000 in excess thereof and for not more than three alternative maturity dates for such CAF Advances. The maturity date for each CAF Advance shall be not less than 15 days nor more than 180 days after the applicable date of CAF Borrowing (and in any event shall not extend beyond the Termination Date).

Competitive Bid Procedure. (a) In order to request a CAF AdvanceCompetitive Bids, the Borrower Company shall hand deliver or deliver by facsimile to the Administrative Agent a written notice duly completed Competitive Bid Request in the form of Exhibit E, attached hereto (a "Competitive Bid Request")A-1 hereto, to be received by the Administrative Agent (i) in the case of each CAF Eurodollar Rate AdvanceLoans, not later than 3:00 P.M. (10:00 a.m. New York City time), four (4) Business Days before the Borrowing Date specified for such CAF Eurodollar Rate Advance a proposed Competitive Borrowing, and (ii) in the case of each Fixed Rate AdvanceLoans, not later than 12:00 noon New York time, one Business Day before a proposed Competitive Borrowing. No CD Loan or Alternate Base Loan shall be requested by the Company in a Competitive Bid Request. Competitive Bid Requests that do not conform substantially to the format of Exhibit A-1 shall be rejected and the Administrative Agent shall notify the Company of such rejection by telephone or facsimile (i) in the case of Eurodollar Loans, not later than 11:00 A.M. (a.m. New York City time), one time on the date of receipt or (1ii) Business Day before in the Borrowing Date specified for such case of Fixed Rate AdvanceLoans, not later than 1:00 p.m. New York time on the date of receipt. Each Competitive Bid Request Requests shall in each case refer to this Agreement and specify (ix) whether the Loans then being requested are to be Eurodollar Loans or Fixed Rate Loans, (y) the date of Borrowing of such CAF Advances Loans (which shall be a Business Day), (ii) and the aggregate principal amount thereof, thereof (iii) whether the CAF Advances then being requested are to which shall not be CAF Eurodollar Rate Advances or Fixed Rate Advances, (iv) the maturity date for each CAF Advance requested to less than $25,000,000 and shall be made and (v) the interest payment dates for each CAF Advance requested to be made. The Administrative Agent shall promptly notify each Lender by telex or facsimile transmission of the contents of each Competitive Bid Request received by it. Each Competitive Bid Request may solicit bids for CAF Advances in an aggregate principal amount of $5,000,000 or an integral multiple of $1,000,000 in excess thereof 5,000,000), and for (z) the Interest Period with respect thereto (which may not more than three alternative maturity dates for such CAF Advances. The maturity date for each CAF Advance shall be not less than 15 days nor more than 180 days end after the applicable Maturity Date). Not later than (i) in the case of Eurodollar Loans, 12:00 noon New York time on the date of CAF Borrowing receipt or (ii) in the case of Fixed Rate Loans, 3:00 p.m. New York time on the date of receipt by the Administrative Agent of a Competitive Bid Request, the Administrative Agent shall invite by facsimile the Banks to bid, on the terms and in any event shall not extend beyond conditions of this Agreement, to make Competitive Loans pursuant to the Termination Date)Competitive Bid Request.

Competitive Bid Procedure. (a) In order to request a CAF AdvanceLoan, the Borrower shall deliver to the Administrative Agent a written notice in the form of Exhibit E3.02-A, attached hereto (a "Competitive Bid Request"), to be received by the Administrative Agent (i) in the case of each CAF Eurodollar LIBOR Rate AdvanceLoan, not later than 3:00 P.M. (New York City time), four five (45) Business Days before the Borrowing Date borrowing date specified for such CAF Eurodollar LIBOR Rate Advance Loan and (ii) in the case of each Fixed Rate AdvanceLoan, not later than 11:00 A.M. (New York City time), one two (12) Business Day Days before the Borrowing Date borrowing date specified for such Fixed Rate AdvanceLoan. Each Competitive Bid Request shall in each case refer to this Agreement and specify (i) the date of Borrowing of such CAF Advances Loans (which shall be a Business Day), (ii) the aggregate principal amount thereof, (iii) whether the CAF Advances Loans then being requested are to be CAF Eurodollar LIBOR Rate Advances Loans or Fixed Rate AdvancesLoans, (iv) the maturity date for each CAF Advance Loan requested to be made and (v) the interest payment dates for each CAF Advance Loan requested to be made. The Administrative Agent shall promptly notify each Lender Bank by telex or facsimile transmission of the contents of each Competitive Bid Request received by it. Each Competitive Bid Request may solicit bids for CAF Advances Loans in an aggregate principal amount of $5,000,000 10,000,000 or an integral multiple of $1,000,000 in excess thereof and for not more than three alternative maturity dates for such CAF AdvancesLoans. The maturity date for each CAF Advance Loan shall be not less than 15 seven (7) days nor more than 180 two hundred seventy (270) days after the applicable date of CAF Borrowing (and in any event shall not extend beyond the Termination Date). On each date on which the Borrower delivers to the Agent a Competitive Bid Request, Borrower agrees to pay to the Agent, solely for the account of the Agent, a non-refundable fee in the amount of $3,500.

Competitive Bid Procedure. (a) In order to request a CAF AdvanceLoan, the Borrower shall deliver to the Administrative Agent a written notice in the form of Exhibit EB-1, attached hereto (a "Competitive Bid Request"), to be received by the Administrative Agent (i) in the case of each CAF Eurodollar LIBOR Rate AdvanceLoan, not later than 3:00 P.M. (New York City time), four (4) Business Days before the Borrowing Date specified for such CAF Eurodollar LIBOR Rate Advance Loan and (ii) in the case of each Fixed Rate AdvanceLoan, not later than 11:00 A.M. (New York City time), one (1) Business Day before the Borrowing Date specified for such Fixed Rate AdvanceLoan. Each Competitive Bid Request shall in each case refer to this Agreement and specify (i) the date of Borrowing of such CAF Advances Loans (which shall be a Business Day), (ii) the aggregate principal amount thereof, (iii) whether the CAF Advances Loans then being requested are to be CAF Eurodollar LIBOR Rate Advances Loans or Fixed Rate AdvancesLoans, (iv) the maturity date for each CAF Advance Loan requested to be made and (v) the interest payment dates for each CAF Advance Loan requested to be made. The Administrative Agent shall promptly notify each Lender Bank by telex or facsimile transmission of the contents of each Competitive Bid Request received by it. Each Competitive Bid Request may solicit bids for CAF Advances Loans in an aggregate principal amount of $5,000,000 or an integral multiple of $1,000,000 in excess thereof and for not more than three alternative maturity dates for such CAF AdvancesLoans. The maturity date for each CAF Advance Loan shall be not less than 15 days nor more than 180 days after the applicable date of CAF Borrowing (and in any event shall not extend beyond the Termination Date).

Competitive Bid Procedure. (a) In order to request a CAF AdvanceLoan, the Borrower shall deliver to the Administrative Agent a written notice in the form of Exhibit EB-1, attached hereto (a "Competitive Bid Request"), to be received by the Administrative Agent (i) in the case of each CAF Eurodollar LIBOR Rate AdvanceLoan, not later than 3:00 P.M. (New York City time), four (4) Business Days before the Borrowing Date borrowing date specified for such CAF Eurodollar LIBOR Rate Advance Loan and (ii) in the case of each Fixed Rate AdvanceLoan, not later than 11:00 A.M. (New York City time), one (1) Business Day before the Borrowing Date borrowing date specified for such Fixed Rate AdvanceLoan. Each Competitive Bid Request shall in each case refer to this Agreement and specify (i) the date of Borrowing of such CAF Advances Loans (which shall be a Business Day), (ii) the aggregate principal amount thereof, (iii) whether the CAF Advances Loans then being requested are to be CAF Eurodollar LIBOR Rate Advances Loans or Fixed Rate AdvancesLoans, (iv) the maturity date for each CAF Advance Loan requested to be made and (v) the interest payment dates for each CAF Advance Loan requested to be made. The Administrative Agent shall promptly notify each Lender Bank by telex or facsimile transmission of the contents of each Competitive Bid Request received by it. Each Competitive Bid Request may solicit bids for CAF Advances Loans in an aggregate principal amount of $5,000,000 or an integral multiple of $1,000,000 in excess thereof and for not more than three 35 30 alternative maturity dates for such CAF AdvancesLoans. The maturity date for each CAF Advance Loan shall be not less than 15 days nor more than 180 days after the applicable date of CAF Borrowing (and in any event shall not extend beyond the Termination Date).

Competitive Bid Procedure. (a) In order to request a CAF AdvanceLoan, the Borrower shall deliver to the Administrative Agent a written notice in the form of Exhibit E3.02-A, attached hereto (a "Competitive Bid Request"), to be received by the Administrative Agent (i) in the case of each CAF Eurodollar LIBOR Rate AdvanceLoan, not later than 3:00 P.M. (New York City time), four (4) Business Days before the Borrowing Date borrowing date specified for such CAF Eurodollar LIBOR Rate Advance Loan and (ii) in the case of each Fixed Rate AdvanceLoan, not later than 11:00 A.M. (New York City time), one (1) Business Day before the Borrowing Date borrowing date specified for such Fixed Rate AdvanceLoan. Each Competitive Bid Request shall in each case refer to this Agreement and specify (i) the date of Borrowing of such CAF Advances Loans (which shall be a Business Day), (ii) the aggregate principal amount thereof, (iii) whether the CAF Advances Loans then being requested are to be CAF Eurodollar LIBOR Rate Advances Loans or Fixed Rate AdvancesLoans, (iv) the maturity date for each CAF Advance Loan requested to be made and (v) the interest payment dates for each CAF Advance Loan requested to be made. The Administrative Agent shall promptly notify each Lender Bank by telex or facsimile transmission of the contents of each Competitive Bid Request received by it. Each Competitive Bid Request may solicit bids for CAF Advances Loans in an aggregate principal amount of $5,000,000 or an integral multiple of $1,000,000 in excess thereof and for not more than three alternative maturity dates for such CAF AdvancesLoans. The maturity date for each CAF Advance Loan shall be not less than 15 days nor more than 180 days after the applicable date of CAF Borrowing (and in any event shall not extend beyond the Termination Date).

Competitive Bid Procedure. (a) In order to request a CAF AdvanceLoan, the Borrower shall deliver to the Administrative Agent a written notice in the form of Exhibit E3.2-A, attached hereto (a "Competitive Bid Request"), to be received by the Administrative Agent (i) in the case of each CAF Eurodollar LIBOR Rate AdvanceLoan, not later than 3:00 P.M. (New York City time), four (4) Business Days before the Borrowing Date specified for such CAF Eurodollar LIBOR Rate Advance Loan and (ii) in the case of each Fixed Rate AdvanceLoan, not later than 11:00 A.M. (New York City time), one (1) Business Day before the Borrowing Date specified for such Fixed Rate AdvanceLoan. Each Competitive Bid Request shall in each case refer to this Agreement and specify (i) the date of Borrowing of such CAF Advances Loans (which shall be a Business Day), (ii) the aggregate principal amount thereof, (iii) whether the CAF Advances Loans then being requested are to be CAF Eurodollar LIBOR Rate Advances Loans or Fixed Rate AdvancesLoans, (iv) the maturity date for each CAF Advance Loan requested to be made and (v) the interest payment dates for each CAF Advance Loan requested to be made. The Administrative Agent shall promptly notify each Lender Bank by telex or facsimile transmission of the contents of each Competitive Bid Request received by it. Each Competitive Bid Request may solicit bids for CAF Advances Loans in an aggregate principal amount of $5,000,000 or an integral multiple of $1,000,000 in excess thereof and for not more than three alternative maturity dates for such CAF AdvancesLoans. The maturity date for each CAF Advance Loan shall be not less than 15 days nor more than 180 days after the applicable date of CAF Borrowing (and in any event shall not extend beyond the Termination Revolving Loan Maturity Date).