Appointment and Obligations of Remarketing Agent. (a) The Company hereby appoints Xxxxxxx Xxxxx and Xxxxxxx Xxxxx hereby accepts such appointment, (i) as the Reset Agent to determine in consultation with the Company, in the manner provided for herein and in the Indenture (as in effect on the date of this Remarketing Agreement) with respect to the Notes, (1) the Reset Rate that, in the opinion of the Reset Agent, will, when applied to the Notes, enable the Applicable Principal Amount of the Notes to have an approximate aggregate market value of 100.5% of the Treasury Portfolio Purchase Price as of the Initial Remarketing Date, and (2) in the event of a Failed Initial Remarketing, the Reset Rate that, in the opinion of the Reset Agent, will, when applied to the Notes, enable a Note to have an approximate market value of 100.5% of its principal amount as of the third Business Day preceding the Purchase Contract Settlement Date, provided, in each case, that the Company, by notice to the Reset Agent prior to the tenth Business Day preceding May 17, 2004, in the case of the Initial Remarketing (as defined below), or the Purchase Contract Settlement Date, in the case of the Secondary Remarketing (as defined below), shall, if applicable, limit the Reset Rate so that it does not exceed the maximum rate permitted by applicable law) and (ii) as the exclusive Remarketing Agent (subject to the right of Xxxxxxx Xxxxx to appoint additional remarketing agents hereunder as described below) to (1) remarket the Notes of the Note holders electing to have their Notes remarketed and of the Income PRIDES holders on the Initial Remarketing Date, for settlement on May 17, 2004 and (2) in the case of a Failed Initial Remarketing, remarket the Notes of the Note holders electing to have their Notes remarketed or of the Income PRIDES holders who have not early settled the related Purchase Contracts and have failed to notify the Purchase Contract Agent, on or prior to the fifth Business Day immediately preceding the Purchase Contract Settlement Date, of their intention to settle the related Purchase Contracts through Cash Settlement. In connection with the remarketing contemplated hereby, the Remarketing Agent will enter into a Supplemental Remarketing Agreement (the "Supplemental Remarketing Agreement") with the Company and the Purchase Contract Agent, which shall either be (i) substantially in the form attached hereto as Exhibit A (with such changes as the Company and the Remarketing Agent may agree upon, it being understood that ch...
Appointment and Obligations of Remarketing Agent. The Company hereby appoints Xxxxxxx Xxxxx and Xxxxxxx Xxxxx hereby accepts such appointment, (i) as the Reset Agent to determine in consultation with the Company, in the manner provided for by the terms of the Preferred Shares, the Reset Rate, that in the opinion of the Reset Agent, will, when applied to the Preferred Shares, enable a Preferred Share to have a market value of approximately 100.5% of the aggregate stated liquidation amount of such Preferred Share, provided, that the Company may limit such Reset Rate to be no higher than the One-Month Treasury Xxxx plus 200 basis points (2%), and (ii) as the exclusive Remarketing Agent to remarket the Preferred Shares, of such Preferred Shareholders electing to have their Preferred Shares remarketed, or of such Income PRIDES holders who have not early settled the related Purchase Contracts and have failed to notify the Purchase Contract Agent, on or prior to the fifth Business Day immediately preceding the Purchase Contract Settlement Date, of their intention to settle the related Purchase Contracts through Cash Settlement, for settlement on the Purchase Contract Settlement Date, pursuant to the Remarketing Underwriting Agreement with the Company and the Purchase Contract Agent, substantially in the form attached hereto as Exhibit A (with such changes as the Company, the Purchase Contract Agent and the Remarketing Agent may agree upon, it being understood that changes may be necessary in the representations, warranties, covenants and other provisions of the Remarketing Underwriting Agreement due to changes in law or facts and circumstances). rsuant to the Remarketing Underwriting Agreement, the Remarketing Agent, either as the sole remarketing underwriter or as the representative of a syndicate including the Remarketing Agent and one or more other remarketing underwriters designated by the Remarketing Agent, will agree, subject to the terms and conditions set forth therein, that the Remarketing Agent and any such other remarketing underwriters will purchase severally the Preferred Shares to be sold by the holder or holders of Preferred Shares or Income PRIDES on the Purchase Contract Settlement Date and use their reasonable efforts to remarket such Preferred Shares (such purchase and remarketing being hereinafter referred to as the "Remarketing"), at a price of approximately 100.5% of such Preferred Share's aggregate stated liquidation amount plus any accumulated and unpaid dividends. Notwithstanding the pre...
Appointment and Obligations of Remarketing Agent. The Company hereby appoints Merrxxx Xxxcx xxx Merrxxx Xxxcx xxxeby accepts such appointment, (i) as the Reset Agent to determine in consultation with the Company, in the manner provided for in the Declaration with respect to the Trust Securities and the Indenture with respect to the Debentures, the Reset Rate, that in the opinion of the Reset Agent, will, when applied to the Trust Securities (and, thus, the Debentures), enable a Trust Security (and, thus, a Debenture), to have an approximate market value of approximately 100.5% of the aggregate stated liquidation amount in the case of such Trust Security and the aggregate principal amount in the case of such Debenture, and (ii) as the exclusive Remarketing Agent to remarket the Preferred Securities, or the Debentures, as the case may be, provided that the Company may limit such Reset Rate to be no higher than the rate on the Two-Year Benchmark Treasury plus 200 basis points (2%), as the case may be, of such Income PRIDES holders who have not early settled the related Purchase Contracts and have failed to notify the Purchase Contract Agent, on or prior to the fifth Business Day immediately preceding the Purchase Contract Settlement Date, of their intention to settle the related Purchase Contracts through Cash Settlement, for settlement on the Purchase Contract Settlement Date, pursuant to the Remarketing Purchase Agreement with the Company, the Trust and the Purchase Contract Agent, substantially in
Appointment and Obligations of Remarketing Agent. (a) The Company hereby appoints [________] and [________] hereby accepts such appointment, (i) as the Remarketing Agent to determine, in consultation with the Company, in the manner provided for herein, in the Purchase Contract Agreement and in the Notes, the Reset Rate that, in the opinion of the Remarketing Agent, will, when applied to the Remarketed Notes, enable the aggregate market value of the Remarketed Notes equal 100.25% of the aggregate principal amount of such Remarketed Notes as of the Remarketing Date or as of any Subsequent Remarketing Date, as the case may be, and (ii) as the exclusive Remarketing Agent (subject to the right of such Remarketing Agent to appoint additional remarketing agents hereunder as described below) to remarket the Remarketed Notes to be included in the remarketing on the Remarketing Date, and, if necessary, on February 4, 2009 and, if necessary, on February 5, 2009 and, if necessary, on February 6, 2009 and, if necessary, on February 9, 2009 and, on February 10, 2009 and, if necessary, on February 11, 2009, as the case may be. The Remarketing Agent shall have the right, on 15 Business Days' notice to the Company, to appoint one or more additional remarketing agents so long as any such additional remarketing agents shall be reasonably acceptable to the Company; provided that any such appointment shall not increase the Remarketing Fee (as defined in Section 4 hereof). Upon any such appointment, the parties shall enter into an appropriate amendment to this Agreement to reflect the addition of any such additional remarketing agent.
Appointment and Obligations of Remarketing Agent. (a) The Company hereby appoints Credit Suisse First Boston Corporation, and Credit Suisse First Boston Corporation hereby accepts such appointment, as the Remarketing Agent to:
Appointment and Obligations of Remarketing Agent. (a) The Company hereby appoints [ ] and [ ] hereby accepts such appointment:
Appointment and Obligations of Remarketing Agent. (a) The Company hereby appoints each of Citigroup and JPMorgan as a remarketing agent, and Citigroup and JPMorgan each hereby accepts such appointment, for the purpose of (i) Remarketing the Debentures on behalf of the holders thereof and (ii) performing such other duties as are assigned to it as Remarketing Agent in the procedures set forth herein and in the Related Agreements.
Appointment and Obligations of Remarketing Agent. (a) The Company hereby appoints Merrxxx Xxxcx xxx Merrxxx Xxxcx xxxeby accepts such appointment, (i) as the Reset Agent to determine in consultation with the Company, in the manner provided for herein and in the Declaration (as in effect on the date of this Remarketing Agreement) with respect to the Trust Securities or the Indenture (as in effect on the date of
Appointment and Obligations of Remarketing Agent. (a) The Company hereby appoints X.X. Xxxxxx Securities LLC and X.X. Xxxxxx Securities LLC hereby accepts such appointment:
Appointment and Obligations of Remarketing Agent. (a) The Fund hereby appoints Xxxxx Xxxxxx, and Xxxxx Xxxxxx hereby accepts such appointment, as the exclusive Remarketing Agent of each series of the Shares for the purpose of (i) setting the Applicable Dividend Rate on such Shares from time to time, (ii) remarketing such Shares from time to time on behalf of the Beneficial Owners thereof, and (iii) performing such other duties as are assigned to the Remarketing Agent in the Articles; all pursuant to the procedures set forth in the Articles and the Prospectus dated May 11, 1993 relating to the offering of each series of the Shares (the "Prospectus"). The Fund shall have the right, on seven Business Days' notice to the Remarketing Agent, to appoint one or more additional Remarketing Agents with respect to the Shares under an agreement substantially in the form of this Agreement. Upon any such appointment, including any appointment of a successor Remarketing Agent pursuant to Section 4 hereof, all references in this Agreement to "Remarketing Agent" shall be deemed to refer also to each such additional or successor Remarketing Agent. Any such additional or successor Remarketing Agent shall accept its appointment by executing an agreement substantially in the form of this Agreement.
