Common use of Competitive Bids Clause in Contracts

Competitive Bids. (i) Each Lender may, in its sole discretion, make up to three (3) Competitive Bids to the Borrower in response to a Competitive Bid Request. Each Competitive Bid by a Lender must be received by the Agent via facsimile, in the form of Exhibit A-3 hereto, (A) not later than 10:30 a.m. three (3) Business Days before any proposed Eurodollar Competitive Bid Loan and (B) not later than 10:30 a.m. on the same Business Day as a proposed Fixed Rate Loan, and any Competitive Bid received by the Agent after such time can be rejected by the Agent. Competitive Bids that do not conform substantially to the form of Exhibit A-3 or otherwise include additional conditions to funding shall be rejected by the Agent and the Agent shall notify the Lender making such nonconforming bid of such rejection as soon as practicable. Each Competitive Bid shall refer to this Agreement and specify (A) the principal amount of the Competitive Bid Loan or Loans that the Lender is willing to make to the Borrower which shall be in a minimum principal amount of $1,000,000 or a whole multiple of $1,000,000 in excess thereof and may equal the entire principal amount of the Competitive Bid Loan requested by the Borrower, (B) the Competitive Bid Rate or Rates at which the Lender is prepared to make the Competitive Bid Loan or Loans and (C) the Competitive Bid Interest Period with respect thereto. A Competitive Bid submitted by a Lender pursuant to this paragraph (b) shall be irrevocable.

Competitive Bids. (i) Each Lender may, in its sole discretion, make up to three (3) Competitive Bids to the Borrower in response to a Competitive Bid Request. Each Competitive Bid by a Lender must be received by the Administrative Agent via facsimile, in the form of Exhibit A-3 A-7 hereto, (A) not later than 10:30 a.m. three (3) Business Days before any proposed Eurodollar Competitive Bid Loan and (B) not later than 10:30 a.m. on the same Business Day as a proposed Fixed Rate Loan, and any Competitive Bid received by the Administrative Agent after such time can be rejected by the Administrative Agent. Competitive Bids that do not conform substantially to the form of Exhibit A-3 A-7 or otherwise include additional conditions to funding shall be rejected by the Administrative Agent and the Administrative Agent shall notify the Lender making such nonconforming bid of such rejection as soon as practicable. Each Competitive Bid shall refer to this Agreement and specify (A) the principal amount of the Competitive Bid Loan or Loans that the Lender is willing to make to the Borrower which shall be in a minimum principal amount of $1,000,000 or a whole multiple of $1,000,000 in excess thereof and may equal the entire principal amount of the Competitive Bid Loan requested by the Borrower, (B) the Competitive Bid Rate or Rates at which the Lender is prepared to make the Competitive Bid Loan or Loans and (C) the Competitive Bid Interest Period with respect thereto. A Competitive Bid submitted by a Lender pursuant to this paragraph (bSection 2.04(b)(i) shall be irrevocable.

Competitive Bids. (i) Each Lender may, in its sole discretion, make up to three (3) Competitive Bids to the Borrower in response to a Competitive Bid Request. Each Competitive Bid by a Lender must be received by the Administrative Agent via facsimile, in the form of Exhibit A-3 hereto, (A) not later than 10:30 a.m. three (3) Business Days before any proposed Eurodollar Competitive Bid Loan and (B) not later than 10:30 a.m. on the same Business Day as a proposed Fixed Rate Loan, and any Competitive Bid received by the Administrative Agent after such time can be rejected by the Administrative Agent. Competitive Bids that do not conform substantially to the form of Exhibit A-3 or otherwise include additional conditions to funding shall be rejected by the Administrative Agent and the Administrative Agent shall notify the Lender making such nonconforming bid of such rejection as soon as practicable. Each Competitive Bid shall refer to this Agreement and specify (A) the principal amount of the Competitive Bid Loan or Loans that the Lender is willing to make to the Borrower which shall be in a minimum principal amount of $1,000,000 or a whole multiple of $1,000,000 in excess thereof and may equal the entire principal amount of the Competitive Bid Loan requested by the Borrower, (B) the Competitive Bid Rate or Rates at which the Lender is prepared to make the Competitive Bid Loan or Loans and (C) the Competitive Bid Interest Period with respect thereto. A Competitive Bid submitted by a Lender pursuant to this paragraph (b) shall be irrevocable.

Competitive Bids. (i) Each Lender may, in its sole discretion, may (but shall not have any ----------------- obligation to) make up to three (3) one or more Competitive Bids to the Borrower in response to a Competitive Bid Request. Each Competitive Bid by a Lender must be received by the Agent via facsimile, in the form of Exhibit A-3 hereto2.5B or such other form as shall be approved by the Administrative ------------- Agent and the Borrower and must be received by the Administrative Agent by telecopy, (A) in the case of a Borrowing of Competitive Margin Loans, not later than 10:30 a.m. 9:30 a.m., three (3) Business Days before any the proposed Eurodollar date of such Borrowing, and in the case of a Borrowing of Competitive Bid Loan and (B) Fixed Rate Loans, not later than 10:30 a.m. 9:30 a.m., on the same Business Day as a proposed Fixed Rate Loan, and any Competitive Bid received by the Agent after date of such time can be rejected by the AgentBorrowing. Competitive Bids that do not conform substantially to the form of Exhibit A-3 or otherwise include additional conditions to funding shall approved by the Administrative Agent may be rejected by the Agent Administrative Agent, and the Administrative Agent shall notify the applicable Lender making such nonconforming bid of such rejection as soon promptly as practicable. Each Competitive Bid shall refer to this Agreement and specify (Ai) the principal amount (which shall be equal to or greater than $10,000,000 and in an integral multiple of $100,000 and which may equal the entire principal amount of the Competitive Bid Borrowing requested by the Borrower) of the Competitive Loan or Loans that the Lender is willing to make to the Borrower which shall be in a minimum principal amount of $1,000,000 or a whole multiple of $1,000,000 in excess thereof and may equal the entire principal amount of the Competitive Bid Loan requested by the Borrowermake, (Bii) the Competitive Bid Rate or Rates at which the Lender is prepared to make the Competitive Bid such Loan or Loans (expressed as a percentage rate per annum in the form of a decimal to no more than four decimal places) and (Ciii) the Competitive Bid Interest Period with respect thereto. A Competitive Bid submitted by a Lender pursuant applicable to this paragraph (b) shall be irrevocableeach such Loan and the last day thereof.

Competitive Bids. (i) a. Each Lender may, in its sole discretion, make up to three (3) Competitive Bids to the Borrower in response to a Competitive Bid Request. Each Competitive Bid by a Lender must be received by the Administrative Agent via facsimile, in the form of Exhibit A-3 A-7 hereto, (A) not later than 10:30 a.m. three (3) Business Days before any proposed Eurodollar Competitive Bid Loan and (B) not later than 10:30 a.m. on the same Business Day as a proposed Fixed Rate Loan, and any Competitive Bid received by the Administrative Agent after such time can be rejected by the Administrative Agent. Competitive Bids that do not conform substantially to the form of Exhibit A-3 A-7 or otherwise include additional conditions to funding shall be rejected by the Administrative Agent and the Administrative Agent shall notify the Lender making such nonconforming bid of such rejection as soon as practicable. Each Competitive Bid shall refer to this Agreement and specify (A) the principal amount of the Competitive Bid Loan or Loans that the Lender is willing to make to the Borrower which shall be in a minimum principal amount of $1,000,000 or a whole multiple of $1,000,000 in excess thereof and may equal the entire principal amount of the Competitive Bid Loan requested by the Borrower, (B) the Competitive Bid Rate or Rates at which the Lender is prepared to make the Competitive Bid Loan or Loans and (C) the Competitive Bid Interest Period with respect thereto. A Competitive Bid submitted by a Lender pursuant to this paragraph (b) shall be irrevocable.and

Competitive Bids. (i) Each Lender may, in its sole discretion, may (but shall not have any obligation ---------------- to) make up to three (3) one or more Competitive Bids to the Borrower in response to a Competitive Bid Request. Each Competitive Bid by a Lender must be received by the Agent via facsimile, in the form of Exhibit A-3 hereto2.4B or such other form as shall be approved by the Administrative Agent ------------ and the Borrower and must be received by the Administrative Agent by telecopy, (A) in the case of a Borrowing of Competitive Margin Loans, not later than 10:30 a.m. 9:30 a.m., three (3) Business Days before any the proposed Eurodollar date of such Borrowing, and in the case of a Borrowing of Competitive Bid Loan and (B) Fixed Rate Loans, not later than 10:30 a.m. 9:30 a.m., on the same Business Day as a proposed Fixed Rate Loan, and any Competitive Bid received by the Agent after date of such time can be rejected by the AgentBorrowing. Competitive Bids that do not conform substantially to the form of Exhibit A-3 or otherwise include additional conditions to funding shall approved by the Administrative Agent may be rejected by the Agent Administrative Agent, and the Administrative Agent shall notify the applicable Lender making such nonconforming bid of such rejection as soon promptly as practicable. Each Competitive Bid shall refer to this Agreement and specify (Ai) the principal amount (which shall be equal to or greater than $10,000,000 and in an integral multiple of $100,000 and which may equal the entire principal amount of the Competitive Bid Borrowing requested by the Borrower) of the Competitive Loan or Loans that the Lender is willing to make to the Borrower which shall be in a minimum principal amount of $1,000,000 or a whole multiple of $1,000,000 in excess thereof and may equal the entire principal amount of the Competitive Bid Loan requested by the Borrowermake, (Bii) the Competitive Bid Rate or Rates at which the Lender is prepared to make the Competitive Bid such Loan or Loans (expressed as a percentage rate per annum in the form of a decimal to no more than four decimal places) and (Ciii) the Competitive Bid Interest Period with respect thereto. A Competitive Bid submitted by a Lender pursuant applicable to this paragraph (b) shall be irrevocableeach such Loan and the last day thereof.

Competitive Bids. (i) Each Lender may, in its sole discretion, make up to three (3) Competitive Bids to the Borrower in response to a Competitive ompetitive Bid Request. Each Competitive Bid by a Lender must be received by the Administrative Agent via facsimiletelecopier, in the form of Exhibit A-3 C-3, hereto, (A) not later than 10:30 a.m. a.m., Charlotte time, three (3) Business Days before any proposed Eurodollar LIBOR Competitive Bid Loan and (B) not later than 10:30 a.m. a.m., Charlotte time, on the same Business Day as a proposed Fixed Absolute Rate Loan, and any Competitive Bid received by the Administrative Agent after such time can be rejected by the Administrative Agent. Competitive Bids that do not conform substantially to the form of Exhibit A-3 C-3 hereto or otherwise include additional conditions to funding shall be rejected by the Administrative Agent and the Administrative Agent shall notify the Lender making such nonconforming bid Competitive Bid of such rejection as soon as practicable. Each Competitive Bid shall refer to this Agreement and specify (A) the principal amount of the Competitive Bid Loan or Loans that the applicable Lender is willing to make to the Borrower which shall be in a minimum principal amount of $1,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof and may equal the entire principal amount of the Competitive Bid Loan requested by the Borrower, (B) the Competitive Bid Rate or Rates at which the such Lender is prepared to make the Competitive Bid Loan or Loans and (C) the Competitive Bid Interest Period with respect theretoapplicable to each such Loan and the last day thereof. A Competitive Bid submitted by a Lender pursuant to this paragraph (b) shall be irrevocable.

Competitive Bids. (i) Each Lender may, in its sole discretion, may (but shall not have any obligation ---------------- to) make up to three (3) one or more Competitive Bids to the Borrower in response to a Competitive Bid Request. Each Competitive Bid by a Lender must be received by the Agent via facsimile, in the form of Exhibit A-3 hereto2.4B or such other form as shall be approved by the Administrative Agent ------------ and the Borrower and must be received by the Administrative Agent by telecopy, (A) in the case of a Borrowing of Competitive Margin Loans or a Borrowing of Competitive Fixed Rate Loans in Euros, Pounds or Kroner, not later than 10:30 a.m. 9:30 a.m., three (3) Business Days before any the proposed Eurodollar date of such Borrowing, and in the case of a Borrowing of Competitive Bid Loan and (B) Fixed Rate Loans in Dollars, not later than 10:30 a.m. 9:30 a.m., on the same Business Day as a proposed Fixed Rate Loan, and any Competitive Bid received by the Agent after date of such time can be rejected by the AgentBorrowing. Competitive Bids that do not conform substantially to the form of Exhibit A-3 or otherwise include additional conditions to funding shall approved by the Administrative Agent may be rejected by the Agent Administrative Agent, and the Administrative Agent shall notify the applicable Lender making such nonconforming bid of such rejection as soon promptly as practicable. Each Competitive Bid shall refer to this Agreement and specify (Ai) the principal amount (which shall be equal to or greater than the Dollar Equivalent of $10,000,000 and in an integral multiple of the Borrowing Multiple and which may equal the entire principal amount of the Competitive Bid Borrowing requested by the Borrower) of the Competitive Loan or Loans that the Lender is willing to make to the Borrower which shall be in a minimum principal amount of $1,000,000 or a whole multiple of $1,000,000 in excess thereof and may equal the entire principal amount of the Competitive Bid Loan requested by the Borrowermake, (Bii) the Competitive Bid Rate or Rates at which the Lender is prepared to make the Competitive Bid such Loan or Loans (expressed as a percentage rate per annum in the form of a decimal to no more than four decimal places) and (Ciii) the Competitive Bid Interest Period with respect thereto. A Competitive Bid submitted by a Lender pursuant applicable to this paragraph (b) shall be irrevocableeach such Loan and the last day thereof.

Competitive Bids. (i) Each Lender may, in its sole discretion, make up to three (3) Competitive Bids to the Borrower in response to a Competitive Bid Request. Each Competitive Bid by a Lender must be received by the Administrative Agent via facsimiletelecopier, in the form of Exhibit A-3 C-3 hereto, (A) not later than 10:30 a.m. (Charlotte time) three (3) Business Days before any proposed Eurodollar LIBOR Competitive Bid Loan and (B) not later than 10:30 a.m. (Charlotte time) on the same Business Day as a proposed Fixed Absolute Rate Loan, and any Competitive Bid received by the Administrative Agent after such time can be rejected by the Administrative Agent. Competitive Bids that do not conform substantially to the form of Exhibit A-3 C-3 or otherwise include additional conditions to funding shall be rejected by the Administrative Agent and the Administrative Agent shall notify the Lender making such nonconforming bid of such rejection as soon as practicable. Each Competitive Bid shall refer to this Agreement and specify (A) the principal amount of the Competitive Bid Loan or Loans that the Lender is willing to make to the Borrower which shall be in a minimum principal amount of $1,000,000 3,000,000 or a whole multiple of $1,000,000 in excess thereof and may equal the entire principal amount of the Competitive Bid Loan requested by the Borrower, (B) the Competitive Bid Rate or Rates at which the Lender is prepared to make the Competitive Bid Loan or Loans and (C) the Competitive Bid Interest Period with respect thereto. A Competitive Bid submitted by a Lender pursuant to this paragraph (b) shall be irrevocable.

Competitive Bids. (i) Each Revolving Credit Lender may, in its sole discretion, make up to three (3) Competitive Bids to the Borrower in response to a Competitive Bid Request. Each Competitive Bid by a Revolving Credit Lender must be received by the Administrative Agent via facsimile, in the form of Exhibit A-3 A-7 hereto, (A) not later than 10:30 a.m. three (3) Business Days before any proposed Eurodollar Competitive Bid Loan and (B) not later than 10:30 a.m. on the same Business Day as a proposed Fixed Rate Loan, and any Competitive Bid received by the Administrative Agent after such time can be rejected by the Administrative Agent. Competitive Bids that do not conform substantially to the form of Exhibit A-3 A-7 or otherwise include additional conditions to funding shall be rejected by the Administrative Agent and the Administrative Agent shall notify the Revolving Credit Lender making such nonconforming bid of such rejection as soon as practicable. Each Competitive Bid shall refer to this Agreement and specify (A) the principal amount of the Competitive Bid Loan or Loans that the Revolving Credit Lender is willing to make to the Borrower which shall be in a minimum principal amount of $1,000,000 or a whole multiple of $1,000,000 in excess thereof and may equal the entire principal amount of the Competitive Bid Loan requested by the Borrower, (B) the Competitive Bid Rate or Rates at which the Revolving Credit Lender is prepared to make the Competitive Bid Loan or Loans and (C) the Competitive Bid Interest Period with respect thereto. A Competitive Bid submitted by a Revolving Credit Lender pursuant to this paragraph (bSection 2.04(b)(i) shall be irrevocable.

Competitive Bids. (i) Each Lender may, in its sole discretion, make up to three (3) Competitive Bids to the Borrower Company in response to a Competitive Bid Request. Each Competitive Bid by a Lender must be received by the Administrative Agent via facsimiletelecopier or e-mail, in the form of Exhibit A-3 C-3 hereto, (A) not later than 10:30 a.m. (Chicago time) three (3) Business Days before any proposed Eurodollar LIBOR Competitive Bid Loan and (B) not later than 10:30 a.m. (Chicago time) on the same Business Day as a proposed Fixed Absolute Rate Loan, and any Competitive Bid received by the Administrative Agent after such time can be rejected by the Administrative Agent. Competitive Bids that do not conform substantially to the form of Exhibit A-3 C-3 or otherwise include additional conditions to funding shall be rejected by the Administrative Agent and the Administrative Agent shall notify the Lender making such nonconforming bid of such rejection as soon as practicable. Each Competitive Bid shall refer to this Agreement and specify (A) the principal amount of the Competitive Bid Loan or Competitive Bid Loans that the Lender is willing to make to the Borrower Company which shall be in a minimum principal amount of $1,000,000 2,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof and may equal the entire principal amount of the Competitive Bid Loan requested by the BorrowerCompany, (B) the Competitive Bid Rate or Competitive Bid Rates at which the Lender is prepared to make the Competitive Bid Loan or Loans and (C) the Competitive Bid Interest Period with respect thereto. A Competitive Bid submitted by a Lender pursuant to this paragraph (b) shall be irrevocable.