Common use of Competitive Bid Procedure Clause in Contracts

Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, during the period from and including the Effective Date to, but not including, the Revolving Termination Date (as it may be extended), Borrower may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans; provided that Outstanding Revolving Obligations of all Lenders plus the aggregate principal amount of outstanding Competitive Loans at any time shall not exceed the combined Revolving Commitments. To request Competitive Bids, Borrower shall notify Administrative Agent of such request by telephone not later than the Requisite Time therefor; provided that Borrower may submit up to (but not more than) two Competitive Bid Requests on the same day, but no Competitive Bid Request or Requests shall be made within five Business Days after the date of any previous Competitive Bid Request or Requests, unless any and all such previous Competitive Bid Requests shall have been withdrawn or all Competitive Bids received in response thereto rejected.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 Administrative Agent of a written Competitive Bid Request in a form approved by Administrative Agent and signed by Borrower. Each such telephonic and written Competitive Bid Request shall specify the following information:

Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, during the period from and including the Effective Date to, but not including, the Revolving Termination Date (as it may be extended), each Co-Borrower may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans; provided that Outstanding Revolving Obligations of all Lenders plus the aggregate principal amount of outstanding Competitive Loans at any time shall not exceed the combined Revolving Commitments. To request Competitive Bids, a Co-Borrower shall notify Administrative Agent of such request by telephone not later than the Requisite Time therefor; provided that a Co-Borrower may submit up to (but not more than) two Competitive Bid Requests on the same day, but no Competitive Bid Request or Requests shall be made within five Business Days after the date of any previous Competitive Bid Request or Requests, 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 Administrative Agent of a written Competitive Bid Request in a form approved by Administrative Agent and signed by Borrower. Each such telephonic and written Competitive Bid Request shall specify the following information:

Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, during the period from and including the Effective Date to, but not including, the Revolving Termination Date (as it may be extended), the Borrower may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans; provided that Outstanding Revolving Obligations of all Revolving Lenders plus the aggregate principal amount of outstanding Competitive Loans at any time shall not exceed the combined Revolving Commitments. To request Competitive Bids, the Borrower shall notify the Administrative Agent of such request by telephone not later than the Requisite Time therefor; provided that the Borrower may submit up to (but not more than) two Competitive Bid Requests on the same day, but no Competitive Bid Request or Requests shall be made within five Business Days after the date of any previous Competitive Bid Request or Requests, 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 Borrower. Each such telephonic and written Competitive Bid Request shall specify the following information:

Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, during the period from and including the Effective Date to, but not including, the Revolving Termination Date (as it may be extended)Date, each Co-Borrower may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans; provided that Outstanding Revolving Obligations of all Lenders plus the aggregate principal amount of outstanding Competitive Loans at any time shall not exceed the combined Revolving Commitments. To request Competitive Bids, a Co-Borrower shall notify Administrative Agent of such request by telephone not later than the Requisite Time therefor; provided that a Co-Borrower may submit up to (but not more than) two Competitive Bid Requests on the same day, but no Competitive Bid Request or Requests shall be made within five Business Days after the date of any previous Competitive Bid Request or Requests, 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 Administrative Agent of a written Competitive Bid Request in a form approved by Administrative Agent and signed by Borrower. Each such telephonic and written Competitive Bid Request shall specify the following information:

Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, during the period from and including the Restatement Effective Date to, but not including, the Revolving Termination Date (as it may be extended), the Borrower may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans; provided that Outstanding Revolving Obligations of all Lenders plus the aggregate principal amount of outstanding Competitive Loans at any time shall not exceed the combined Revolving Commitments. To request Competitive Bids, the Borrower shall notify the Administrative Agent of such request by telephone not later than the Requisite Time therefor; provided that the Borrower may submit up to (but not more than) two Competitive Bid Requests on the same day, but no Competitive Bid Request or Requests shall be made within five Business Days after the date of any previous Competitive Bid Request or Requests, 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 Borrower. Each such telephonic and written Competitive Bid Request shall specify the following information:

Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, from time to time during the period from and including the Effective Date to, but not including, the Revolving Termination Date (as it may be extended), Availability Period any Borrower or all Borrowers may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans; provided that Outstanding the sum of the total Revolving Obligations Credit Exposures of all Lenders plus the aggregate principal amount of all outstanding Competitive Loans at any time shall not exceed the combined Revolving CommitmentsAggregate Commitment. To request Competitive Bids, the Requesting Borrower shall notify the Administrative Agent of such request by telephone telephone, in the case of a Eurodollar Borrowing, not later than 10:00 a.m., Chicago time, four Business Days before the Requisite Time therefordate of the proposed Borrowing and, in the case of a Fixed Rate Borrowing, not later than 9:00 a.m., Chicago time, one Business Day before the date of the proposed Borrowing; provided that Borrower the Borrowers may submit up to (but not more than) two three Competitive Bid Requests on the same day, but no a Competitive Bid Request or Requests shall not be made within five Business Days after the date of any previous Competitive Bid Request or RequestsRequest, 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 Requesting Borrower. Each such telephonic and written Competitive Bid Request shall specify the following informationinformation in compliance with Section 2.2:

Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, during the period from and including the Effective Date to, but not including, the Revolving Termination Date (as it may be extended), Borrower may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans; provided that Outstanding Revolving Obligations of all Lenders plus the aggregate principal amount of outstanding Competitive Loans at any time shall not exceed the combined Revolving Commitments. To request Competitive Bids, Borrower shall notify Administrative Agent of such request by telephone not later than the Requisite Time therefor; provided that Borrower may submit up to (but not more than) two Competitive Bid Requests on the same day, but no Competitive Bid Request or Requests shall be made within five Business Days after the date of any previous Competitive Bid Request or Requests, 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 Administrative Agent of a written Competitive Bid Request in a form approved by Administrative Agent and signed by BorrowerXxxxxxxx. Each such telephonic and written Competitive Bid Request shall specify the following information:

Competitive Bid Procedure. (a) Subject to the terms and conditions set forth herein, from time to time during the period from Availability Period the Company (on its own behalf and including the Effective Date to, but not including, the Revolving Termination Date (as it may be extended), Borrower on behalf of any other Borrower) may request Competitive Bids and the Company (on its own behalf and on behalf of any other Borrower) may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans; provided PROVIDED that Outstanding the sum of the total Revolving Obligations of all Lenders Credit Exposures plus the aggregate principal amount of outstanding total Competitive Loans Loan Exposures at any time shall not exceed the combined Revolving total Commitments. To In order to request Competitive Bids, Borrower the Company shall notify the Administrative Agent of such request by telephone telephone, not later than 11:00 a.m., New York City time, one Business Day before the Requisite Time therefordate of the proposed Borrowing; provided PROVIDED that such Borrower may submit up to (but not more than) two three Competitive Bid Requests on the same day, but no a Competitive Bid Request or Requests shall not be made within five Business Days (or such lesser number of days as the Administrative Agent may agree) after the date of any previous Competitive Bid Request or RequestsRequest, 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 Borrowerthe Company. Each such telephonic and written Competitive Bid Request shall specify the following informationinformation in compliance with Section 2.02:

Competitive Bid Procedure. (a) Subject In order to the terms and conditions set forth herein, during the period from and including the Effective Date to, but not including, the Revolving Termination Date (as it may be extended), Borrower may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans; provided that Outstanding Revolving Obligations of all Lenders plus the aggregate principal amount of outstanding Competitive Loans at any time shall not exceed the combined Revolving Commitments. To request Competitive Bids, Borrower shall notify Administrative hand deliver, telex or telecopy to Agent of such request a duly completed Competitive Bid Request, to be received by telephone Agent not later than 12:00 noon (Dallas, Texas time), three (3) Business Days before the Requisite Time therefor; provided that Borrower may submit up to (but not more than) two date specified for a proposed Competitive Bid Requests on the same dayBorrowing. No Base Rate Loan or Eurodollar Loan shall be requested, but no or made pursuant to, a Competitive Bid Request. A Competitive Bid Request that does not conform substantially to the format of Exhibit C may be rejected at Agent's sole discretion, and Agent shall promptly notify Borrower of such rejection by telex or Requests shall be made within five Business Days after the date of any previous Competitive Bid Request or Requests, unless any and all such previous Competitive Bid Requests shall have been withdrawn or all Competitive Bids received in response thereto rejectedtelecopier. Each such telephonic Competitive Bid Request shall in each case refer to this Agreement and specify (y) the Borrowing date of such Competitive Bid Loans (which shall be confirmed promptly by hand delivery a Domestic Business Day) and the aggregate principal amount thereof (which shall not be less than $5,000,000 or telecopy to Administrative Agent greater than the Competitive Bid Availability on such Borrowing date and shall be an integral multiple of $100,000) and (z) the Interest Period with respect thereto. Promptly after its receipt of a written Competitive Bid Request that is not rejected as aforesaid, Agent shall invite by telex or telecopier (in a the form approved by Administrative Agent set forth in Exhibit D hereto) Banks to bid, on the terms and signed by Borrower. Each such telephonic and written conditions of this Agreement, to make Competitive Bid Request shall specify the following information:Loans pursuant to such Competitive Bid Request.