Acceptance or Not Sample Clauses

Acceptance or Not. Borrower may, subject only to the provisions of this clause (e), accept or reject any or all of the Competitive Bids referred to in clause (c) above. However, the aggregate amount of the Competitive Bids so accepted by Borrower may not exceed the principal amount of the Competitive-Bid Borrowing requested by Borrower (subject to the further limitations of clause (a) above). Borrower shall notify Administrative Agent whether and to what extent it has decided to accept or reject any or all of those bids, (i) not later than 10:00 a.m. three Business Days before the Borrowing Date specified for a proposed Competitive-Bid Borrowing that is deemed a Eurodollar- Rate Borrowing or (ii) not later than 11:00 a.m. on the day specified for a proposed Competitive-Bid Borrowing that is deemed a Base-Rate Borrowing. However, (w) the failure by Borrower to give that notice shall be deemed to be a rejection of all the bids referred to in clause (c) above, (x) Borrower shall not accept a bid in the same or lower principal amount made at a particular Competitive-Bid Rate if Borrower has decided to reject a bid made at a lower Competitive-Bid Rate, (y) if Borrower shall accept bids made at a particular Competitive-Bid Rate but shall be restricted by other conditions hereof from borrowing the principal amount of the Competitive-Bid Borrowing in respect of which bids at that Competitive-Bid Rate have been made, then Borrower shall accept a ratable portion of each bid made at such Competitive-Bid Rate based as nearly as possible on the respective principal amounts of the Competitive-Bid Borrowing for which such bids were made, and (z) no bid shall be accepted for a Competitive-Bid Borrowing unless the aggregate principal amount to be funded pursuant to all accepted bids shall be in a minimum amount of $5,000,000 or a greater integral multiple of $1,000,000 for each respective Lender whose bid is accepted. Notwithstanding the foregoing, if it is necessary for Borrower to accept a ratable allocation of the bids made in response to a Competitive-Bid Request (whether pursuant to the events specified in clause (y) above or otherwise) and the available principal amount of the Competitive-Bid Borrowing to be allocated among the Lenders submitting Competitive Bids is not sufficient to enable Competitive-Bid Borrowings to be allocated to each such Lender in a minimum principal amount of $5,000,000 or a greater integral multiple of $1,000,000, then Borrower shall select the Lenders to be ...
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Related to Acceptance or Not

  • Acceptance of Contract This contract shall not be considered accepted, approved or otherwise effective until the statutorily required approvals and certifications have been given.

  • Acceptance of AAU You will have accepted an AAU for an Offering if: (a) we receive your acceptance, prior to the time specified in the Invitation Wire for such Offering, by wire, telex, telecopy or electronic data transmission, or other written communication (any such communication being deemed “In Writing”) or orally (if promptly confirmed In Writing), in the manner specified in the Invitation Wire, of our invitation to participate in the Offering, or (b) notwithstanding that we did not send you an Invitation Wire or you have not otherwise responded In Writing to any such Wire, you: (i) agree (orally or by a Wire) to be named as an Underwriter in the relevant Underwriting Agreement executed by us as Manager, or (ii) receive and retain an economic benefit for participating in the Offering as an Underwriter. Your acceptance of the invitation to participate will cause such AAU to constitute a valid and binding contract between us. Your acceptance of the AAU as provided above or an Invitation Wire will also constitute acceptance by you of the terms of subsequent Wires to you relating to the Offering unless we receive In Writing, within the time and in the manner specified in such subsequent Wire, a notice from you to the effect that you do not accept the terms of such subsequent Wire, in which case you will be deemed to have elected not to participate in the Offering.

  • Acceptance of Work The completion of the Work shall be subject to acceptance by NYSERDA in writing of all deliverables as defined in Exhibit A, Statement of Work.

  • Acceptance or Rejection All Goods, Services, and Deliverables are subject to acceptance by the JBE. The JBE may reject any Goods, Services or Deliverables that (i) fail to meet applicable acceptance criteria, (ii) are not as warranted, or (iii) are performed or delivered late (without prior consent by the JBE). If the JBE rejects any Good, Service, or Deliverable (other than for late performance or delivery), Contractor shall modify such rejected Good, Service, or Deliverable at no expense to the JBE to correct the relevant deficiencies and shall redeliver such Good, Service, or Deliverable to the JBE within ten (10) business days after the JBE’s rejection, unless otherwise agreed in writing by the JBE. Thereafter, the parties shall repeat the process set forth in this section until the JBE accepts such corrected Good, Service, or Deliverable. The JBE may terminate that portion of this Agreement which relates to a rejected Good, Service, or Deliverable at no expense to the JBE if the JBE rejects that Good, Service, or Deliverable (i) for late performance or delivery, or (ii) on at least two (2) occasions for other deficiencies. Description of Services or Deliverables provided by Contractor: _____________________________________ Date submitted to the JBE:_____________ The Services or Deliverables are:

  • Acceptance and Assumption Assignee hereby accepts the foregoing assignment and further hereby assumes and agrees to perform, from and after January 1, 2002, all duties, obligations and responsibilities of the property manager arising under the Agreement.