Common use of Failed Remarketing Clause in Contracts

Failed Remarketing. If, by 4:00 p.m., New York City time, on any Remarketing Date, the Remarketing Agent is unable to remarket all of the Remarketed Senior Notes at the Remarketing Price pursuant to the terms and conditions hereof and of the Remarketing Agreement, a Failed Remarketing shall be deemed to have occurred.

Appears in 5 contracts

Samples: Supplemental Indenture (Genworth Financial Inc), Supplemental Indenture (Genworth Financial Inc), Supplemental Indenture (Genworth Financial Inc)

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Failed Remarketing. If, by 4:00 p.m., New York City time, on any Remarketing Date, the Remarketing Agent is unable to remarket all of the Remarketed Senior Notes at the Remarketing Price pursuant to the terms and conditions hereof and of the Remarketing Agreement, or the Remarketing has not occurred because a condition precedent to the Remarketing has not been fulfilled, a Failed Remarketing shall be deemed to have occurred.

Appears in 3 contracts

Samples: Johnson Controls Inc, Johnson Controls Inc, Johnson Controls Inc

Failed Remarketing. If, by 4:00 p.m., New York City time, on any the last Remarketing DateDate of the Applicable Remarketing Period, the Remarketing Agent is unable to remarket all of the Remarketed Senior Notes at the Remarketing Price pursuant to the terms and conditions hereof and of the Remarketing Agreement, or the Remarketing has not occurred because a condition precedent to the Remarketing has not been fulfilled, a Failed Remarketing shall be deemed to have occurred.

Appears in 2 contracts

Samples: Great Plains Energy Inc, Great Plains Energy Inc

Failed Remarketing. If, by 4:00 p.m., New York City time, on any Remarketing Date, the Remarketing Agent is unable to remarket all of the Remarketed Senior Notes Debentures at the Remarketing Price pursuant to the terms and conditions hereof and of the Remarketing Agreement, or the Remarketing has not occurred because a condition precedent to the Remarketing has not been fulfilled, a Failed Remarketing shall be deemed to have occurred.

Appears in 2 contracts

Samples: First Supplemental Indenture (Archer Daniels Midland Co), First Supplemental Indenture (Archer Daniels Midland Co)

Failed Remarketing. If, by 4:00 p.m., New York City time, on any the second Remarketing Date, the Remarketing Agent is Agents are unable to remarket all of the Remarketed Senior Convertible Notes at or above the Remarketing Price pursuant to the terms and conditions hereof and of the Remarketing Agreement, a Failed Remarketing shall be deemed to have occurred.

Appears in 1 contract

Samples: Stanley Works (Stanley Works)

Failed Remarketing. If, by 4:00 p.m., New York City time, on any Remarketing Date, the Remarketing Agent is unable to remarket all of the Remarketed Senior Notes at the Remarketing Price pursuant to the terms and conditions hereof and of the Remarketing Agreement, a Failed Optional Remarketing or Failed Final Remarketing, if occurring during the Final Remarketing Period, shall be deemed to have occurred.

Appears in 1 contract

Samples: Entergy Corp /De/

Failed Remarketing. If, by 4:00 p.m., New York City time, on any Remarketing Date, despite using reasonable efforts, the Remarketing Agent is unable to remarket all of the Remarketed Senior Subordinated Notes at the Remarketing Price pursuant to the terms and conditions hereof and of the Remarketing AgreementAgreement or the Remarketing has not occurred because a condition precedent to the Remarketing has not been fulfilled, a Failed Remarketing shall be deemed to have occurred.

Appears in 1 contract

Samples: E Trade Financial Corp

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Failed Remarketing. If, by 4:00 p.m., New York City time, on any Remarketing Date, the Remarketing Agent is unable to remarket all of the Remarketed Senior Subordinated Notes at the Remarketing Price pursuant to the terms and conditions hereof and of the Remarketing Agreement, a Failed Remarketing shall be deemed to have occurred.

Appears in 1 contract

Samples: E Trade Financial Corp

Failed Remarketing. If, by 4:00 p.m., New York City time, on any Remarketing Date, despite using reasonable efforts, the Remarketing Agent is Agents are unable to remarket all of the Remarketed Senior Notes at the Remarketing Price pursuant to the terms and conditions hereof and of the Remarketing AgreementAgreement or the Remarketing has not occurred because a condition precedent to the Remarketing has not been fulfilled, a Failed Remarketing shall be deemed to have occurred.

Appears in 1 contract

Samples: Supplemental Indenture (Cit Group Inc)

Failed Remarketing. If, by 4:00 p.m., New York City time, on any Remarketing Date, the Remarketing Agent is unable to remarket all of the Remarketed Senior Notes at the Remarketing Price pursuant to the terms and conditions hereof and of the Remarketing Agreement, or the Remarketing has not occurred because a condition precedent to the Remarketing has not been fulfilled, a Failed Remarketing shall be deemed to have occurred.

Appears in 1 contract

Samples: First Supplemental Indenture (Autoliv Inc)

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