Mondelez 2013 Annual Report Download - page 153

(i) the minimum amount and maximum amount of each Competitive Bid Advance which such Lender would be willing to make as
part of such proposed Competitive Bid Borrowing (which amounts may, subject to the proviso to the first sentence of Section 2.07(a),
exceed such Lender’s Commitment);
(ii) the rate or rates of interest therefor; and
(iii) such Lender’s Applicable Lending Office with respect to such Competitive Bid Advance.
If any Lender shall elect not to make such an offer, such Lender shall so notify the Administrative Agent before 9:30 a.m. (New York City time)
on the date on which notice of such election is to be given to the Administrative Agent by the other Lenders, and such Lender shall not be
obligated to, and shall not, make any Competitive Bid Advance as part of such Competitive Bid Borrowing; provided further that the failure by
any Lender to give such notice shall not cause such Lender to be obligated to make any Competitive Bid Advance as part of such proposed
Competitive Bid Borrowing.
(d) Selection of Lender Bids . The Borrower proposing the Competitive Bid Borrowing shall, in turn, (A) before 12:00 noon (New
York City time) on the Business Day prior to the date of such proposed Competitive Bid Borrowing, in the case of a Competitive Bid Borrowing
consisting of Fixed Rate Bid Advances and (B) before 12:00 noon (New York City time) on the third Business Day prior to the date of such
proposed Competitive Bid Borrowing, in the case of a Competitive Bid Borrowing consisting of Floating Rate Bid Advances, either:
(i) cancel such Competitive Bid Borrowing by giving the Administrative Agent notice to that effect, or
(ii) accept, in its sole discretion, one or more of the offers made by any Lender or Lenders pursuant to Section 2.07(c), by giving
notice to the Administrative Agent of the amount of each Competitive Bid Advance (which amount shall be equal to or greater than the
minimum amount, and equal to or less than the maximum amount, notified to such Borrower by the Administrative Agent on behalf of
such Lender, for such Competitive Bid Advance pursuant to Section 2.07(c) to be made by each Lender as part of such Competitive Bid
Borrowing) and reject any remaining offers made by Lenders pursuant to Section 2.07(c) by giving the Administrative Agent notice to that
effect. Such Borrower shall accept the offers made by any Lender or Lenders to make Competitive Bid Advances in order of the lowest to
the highest rates of interest offered by such Lenders. If two or more Lenders have offered the same interest rate, the amount to be borrowed
at such interest rate will be allocated among such Lenders in proportion to the maximum amount that each such Lender offered at such
interest rate.
If the Borrower proposing such Competitive Bid Borrowing notifies the Administrative Agent that such Competitive Bid Borrowing is canceled
pursuant to Section 2.07(d)(i), or if such Borrower fails to give timely notice in accordance with Section 2.07(d), the Administrative Agent shall
give prompt notice thereof to the Lenders and such Competitive Bid Borrowing shall not be made.
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