Common use of Failure to Deposit Clause in Contracts

Failure to Deposit. (a) If any Failure to Deposit shall have occurred with respect to APS during any Rate Period thereof (other than any Special Rate Period of more than 364 Rate Period Days or any Rate Period succeeding any Special Rate Period of more than 364 Rate Period Days during which a Failure to Deposit occurred that has not been cured), but, prior to 12:00 Noon, New York City time, on the third Business Day next succeeding the date on which such Failure to Deposit occurred, such Failure to Deposit shall have been cured in accordance with Section 2.8(c) hereof and the Trust shall have paid to the Auction Agent a late charge (a “Late Charge”) equal to the sum of (1) if such Failure to Deposit consisted of the failure timely to pay to the Auction Agent the full amount of dividends with respect to any Dividend Period on such shares, an amount computed by multiplying (x) 200% of the Reference Rate for the Rate Period during which such Failure to Deposit occurs on the Dividend Payment Date for such Dividend Period by (y) a fraction, the numerator of which shall be the number of days for which such Failure to Deposit has not been cured in accordance with Section 2.8(c) hereof (including the day such Failure to Deposit occurs and excluding the day such Failure to Deposit is cured) and the denominator of which shall be 360, and applying the rate obtained against the aggregate liquidation preference of the outstanding APS and (2) if such Failure to Deposit consisted of the failure timely to pay to the Auction Agent the Redemption Price of the APS, if any, for which Notice of Redemption has been given by the Trust, an amount computed by multiplying (x) 300% of the Reference Rate for the Rate Period during which such Failure to Deposit occurs on the redemption date by (y) a fraction, the numerator of which shall be the number of days for which such Failure to Deposit is not cured in accordance with Section 2.8(c) hereof (including the day such Failure to Deposit occurs and excluding the day such Failure to Deposit is cured) and the denominator of which shall be 360, and applying the rate obtained against the aggregate liquidation preference of the outstanding APS to be redeemed, then the Auction Agent shall deliver a notice in the form of Exhibit G hereto by first-class mail, postage prepaid, to the Broker-Dealers not later than one Business Day after its receipt of the payment from the Trust curing such Failure to Deposit and such Late Charge.

Failure to Deposit. (a) If If: (i) any Failure to Deposit shall have occurred with respect to shares of any series of APS of the Trust during any Rate Period thereof (other than any Special Rate Period of more than 364 Rate Period Days or any Rate Period succeeding any Special Rate Period of more than 364 Rate Period Days during which a Failure to Deposit occurred that has not been cured), but, prior to 12:00 Noon, New York City time, on the third Business Day next succeeding the date on which such Failure to Deposit occurred, such Failure to Deposit shall have been cured in accordance with Section 2.8(c) hereof of the Auction Agency Agreement and the Trust shall have paid to the Auction Agent a late charge for such series the applicable Late Charge as described in Section 2.8(a) of the Auction Agency Agreement; or (a “Late Charge”ii) equal to the sum of (1) if such any Failure to Deposit consisted of the failure timely to pay to the Auction Agent the full amount of dividends shall have occurred with respect to shares of any Dividend Period on such shares, an amount computed by multiplying (x) 200% series of APS of the Reference Rate for the Trust during a Special Rate Period thereof of more than 364 Rate Period Days, or during any Rate Period thereof succeeding any Special Rate Period of more than 364 Rate Period Days during which a Failure to Deposit occurred that has not been cured, but, prior to 12:00 Noon, New York City time, on the third Business Day next succeeding the date on which such Failure to Deposit occurs on the Dividend Payment Date for such Dividend Period by (y) a fractionoccurred, the numerator of which shall be the number of days for which such Failure to Deposit has not shall have been cured in accordance with Section 2.8(c) hereof (including of the day such Failure to Deposit occurs and excluding the day such Failure to Deposit is cured) Auction Agency Agreement and the denominator of which Trust shall be 360, and applying the rate obtained against the aggregate liquidation preference of the outstanding APS and (2) if such Failure to Deposit consisted of the failure timely to pay have paid to the Auction Agent for such series the Redemption Price applicable Late Charge as described in Section 2.8(a) of the APSAuction Agency Agreement; then, if anyBD is a Broker- Dealer for such series, for which Notice of Redemption has been given by the Trust, an amount computed by multiplying (x) 300% of the Reference Rate for the Rate Period during which such Failure to Deposit occurs on the redemption date by (y) a fraction, the numerator of which shall be the number of days for which such Failure to Deposit is not cured in accordance with Section 2.8(c) hereof (including the day such Failure to Deposit occurs and excluding the day such Failure to Deposit is cured) and the denominator of which shall be 360, and applying the rate obtained against the aggregate liquidation preference of the outstanding APS to be redeemed, then the Auction Agent shall deliver a notice in the form of Exhibit G hereto to the Auction Agency Agreement by first-class mail, postage prepaid, to the Broker-Dealers BD not later than one Business Day after its receipt of the payment from the Trust curing such Failure to Deposit and such Late Charge.

Failure to Deposit. (a) If any Failure to Deposit shall have occurred with respect to APS any series of AMPS during any Rate Period thereof (other than any Special Rate Period consisting of more than 364 Rate Period Days days or any Rate Period succeeding any Special Rate Period consisting of more than 364 Rate Period Days days during which a Failure to Deposit occurred that has not been cured), but, prior to 12:00 Noon, New York City time, on the third fourth Business Day next succeeding the date on which such Failure to Deposit occurred, such Failure to Deposit shall have been cured in accordance with Section 2.8(c) hereof and the Trust Fund shall have paid to the Auction Agent a late charge (a “"Late Charge”") equal to the sum of (1) if such Failure to Deposit consisted of the failure timely to pay to the Auction Agent the full amount of dividends with respect to any Dividend Rate Period on such shares, an amount computed by multiplying (x) 200% of the Reference Rate for the Rate Period during which such Failure to Deposit occurs on the Dividend Payment Date for such Dividend Rate Period by (y) a fraction, the numerator of which shall be the number of days for which such Failure to Deposit has not been cured in accordance with Section 2.8(c) hereof (including the day such Failure to Deposit occurs and excluding the day such Failure to Deposit is cured) and the denominator of which shall be 360, and applying the rate obtained against the aggregate liquidation preference of the outstanding APS AMPS and (2) if such Failure to Deposit consisted of the failure timely to pay to the Auction Agent the Redemption Price of the APSshares of any series of AMPS, if any, for which Notice of Redemption has been given by the TrustFund, an amount computed by multiplying (x) 300200% of the Reference Rate for the Rate Period during which such Failure to Deposit occurs on the redemption date by (y) a fraction, the numerator of which shall be the number of days for which such Failure to Deposit is not cured in accordance with Section 2.8(c) hereof (including the day such Failure to Deposit occurs and excluding the day such Failure to Deposit is cured) and the denominator of which shall be 360, and applying the rate obtained against the aggregate liquidation preference of the outstanding APS shares of such series of AMPS to be redeemed, then the Auction Agent shall deliver a notice in the form of Exhibit G F hereto by first-class mail, postage prepaid, to the Broker-Dealers for such series not later than one Business Day after its receipt of the payment from the Trust Fund curing such Failure to Deposit and such Late Charge.

Failure to Deposit. (a) If any Failure to Deposit shall have occurred with respect to APS any series of AMPS during any Rate Period thereof (other than any Special Rate Period consisting of more than 364 Rate Period Days or any Rate Period succeeding any Special Rate Period consisting of more than 364 Rate Period Days during which a Failure to Deposit occurred that has not been cured), but, prior to 12:00 Noon, New York City time, on the third fourth Business Day next succeeding the date on which such Failure to Deposit occurred, such Failure to Deposit shall have been cured in accordance with Section 2.8(c) hereof and the Trust Fund shall have paid to the Auction Agent a late charge (a “"Late Charge”") equal to the sum of (1) if such Failure to Deposit consisted of the failure timely to pay to the Auction Agent the full amount of dividends with respect to any Dividend Period on such shares, an amount computed by multiplying (x) 200% of the Reference Rate for the Rate Period during which such Failure to Deposit occurs on the Dividend Payment Date for such Dividend Period by (y) a fraction, the numerator of which shall be the number of days for which such Failure to Deposit has not been cured in accordance with Section 2.8(c) hereof (including the day such Failure to Deposit occurs and excluding the day such Failure to Deposit is cured) and the denominator of which shall be 360, and applying the rate obtained against the aggregate liquidation preference of the outstanding APS AMPS and (2) if such Failure to Deposit consisted of the failure timely to pay to the Auction Agent the Redemption Price of the APSshares of any series of AMPS, if any, for which Notice of Redemption has been given by the TrustFund, an amount computed by multiplying (x) 300200% of the Reference Rate for the Rate Period during which such Failure to Deposit occurs on the redemption date by (y) a fraction, the numerator of which shall be the number of days for which such Failure to Deposit is not cured in accordance with Section 2.8(c) hereof (including the day such Failure to Deposit occurs and excluding the day such Failure to Deposit is cured) and the denominator of which shall be 360, and applying the rate obtained against the aggregate liquidation preference of the outstanding APS shares of such series of AMPS to be redeemed, then the Auction Agent shall deliver a notice in the form of Exhibit G F hereto by first-class mail, postage prepaid, to the Broker-Dealers for such series not later than one Business Day after its receipt of the payment from the Trust Fund curing such Failure to Deposit and such Late Charge.

Failure to Deposit. (a) If any Failure failure to Deposit deposit shall have occurred with respect to APS any series of AMPS during any Rate Period thereof (other than any Special Rate Period consisting of more than 364 Rate Period Days days or any Rate Period succeeding any Special Rate Period consisting of more than 364 Rate Period Days days during which a Failure failure to Deposit deposit occurred that has not been cured), but, prior to 12:00 Noon, New York City time, on the third fourth Business Day next succeeding the date on which such Failure failure to Deposit deposit occurred, such Failure failure to Deposit deposit shall have been cured in accordance with Section 2.8(c) hereof and the Trust Fund shall have paid to the Auction Agent a late charge (a “"Late Charge”") equal to the sum of (1) if such Failure failure to Deposit deposit consisted of the failure timely to pay to the Auction Agent the full amount of dividends with respect to any Dividend Rate Period on such shares, an amount computed by multiplying (x) 200300% of the Reference Rate for the Rate Period during which such Failure failure to Deposit deposit occurs on the Dividend Payment Date for such Dividend Rate Period by (y) a fraction, the numerator of which shall be the number of days for which such Failure failure to Deposit deposit has not been cured in accordance with Section 2.8(c) hereof (including the day such Failure failure to Deposit deposit occurs and excluding the day such Failure failure to Deposit deposit is cured) and the denominator of which shall be 360, and applying the rate obtained against the aggregate liquidation preference of the outstanding APS AMPS and (2) if such Failure failure to Deposit deposit consisted of the failure timely to pay to the Auction Agent the Redemption Price redemption price of the APSshares of any series of AMPS, if any, for which Notice notice of Redemption redemption has been given by the TrustFund, an amount computed by multiplying (x) 300% of the Reference Rate for the Rate Period during which such Failure failure to Deposit deposit occurs on the redemption date by (y) a fraction, the numerator of which shall be the number of days for which such Failure failure to Deposit deposit is not cured in accordance with Section 2.8(c) hereof (including the day such Failure failure to Deposit deposit occurs and excluding the day such Failure failure to Deposit deposit is cured) and the denominator of which shall be 360, and applying the rate obtained against the aggregate liquidation preference of the outstanding APS shares of such series of AMPS to be redeemed, then the Auction Agent shall deliver a notice it received in the form of Exhibit G F hereto by first-class mail, postage prepaid, to the Broker-Dealers for such series not later than one Business Day after its receipt of the payment from the Trust Fund curing such Failure failure to Deposit deposit and such Late Charge.

Failure to Deposit. (a) If any Failure to Deposit shall have occurred with respect to APS during any Rate Period thereof (other than any Special Rate Period of more than 364 Rate Period Days or any Rate Period succeeding any Special Rate Period of more than 364 Rate Period Days during which a Failure to Deposit occurred that has not been cured), but, prior to 12:00 Noon, New York City time, on the third Business Day next succeeding the date on which such Failure to Deposit occurred, such Failure to Deposit shall have been cured in accordance with Section 2.8(c) hereof and the Trust shall have paid to the Auction Agent a late charge (a “"Late Charge”") equal to the sum of (1) if such Failure to Deposit consisted of the failure timely to pay to the Auction Agent the full amount of dividends with respect to any Dividend Period on such shares, an amount computed by multiplying (x) 200% of the Reference Rate for the Rate Period during which such Failure to Deposit occurs on the Dividend Payment Date for such Dividend Period by (y) a fraction, the numerator of which shall be the number of days for which such Failure to Deposit has not been cured in accordance with Section 2.8(c) hereof (including the day such Failure to Deposit occurs and excluding the day such Failure to Deposit is cured) and the denominator of which shall be 360, and applying the rate obtained against the aggregate liquidation preference of the outstanding APS and (2) if such Failure to Deposit consisted of the failure timely to pay to the Auction Agent the Redemption Price of the APS, if any, for which Notice of Redemption has been given by the Trust, an amount computed by multiplying (x) 300% of the Reference Rate for the Rate Period during which such Failure to Deposit occurs on the redemption date by (y) a fraction, the numerator of which shall be the number of days for which such Failure to Deposit is not cured in accordance with Section 2.8(c) hereof (including the day such Failure to Deposit occurs and excluding the day such Failure to Deposit is cured) and the denominator of which shall be 360, and applying the rate obtained against the aggregate liquidation preference of the outstanding APS to be redeemed, then the Auction Agent shall deliver a notice in the form of Exhibit G hereto by first-class mail, postage prepaid, to the Broker-Dealers not later than one Business Day after its receipt of the payment from the Trust curing such Failure to Deposit and such Late Charge.

Failure to Deposit. (a) If any Failure to Deposit shall have occurred with respect to APS during any Rate Period thereof (other than any Special Rate Period of more than 364 Rate Period Days or any Rate Period succeeding any Special Rate Period of more than 364 Rate Period Days during which a Failure to Deposit occurred that has not been cured), but, prior to 12:00 Noon, New York City time, on the third Business Day next succeeding the date on which such Failure to Deposit occurred, such Failure to Deposit shall have been cured in accordance with Section 2.8(c) hereof and the Trust shall have paid to the Auction Agent a late charge (a “"Late Charge”") equal to the sum of (1) if such Failure to Deposit consisted of the failure timely to pay to the Auction Agent the full amount of dividends with respect to any Dividend Period on such shares, an amount computed by multiplying (x) 200% of the Reference Rate for the Rate Period during which such Failure to Deposit occurs on the Dividend Payment Date for such Dividend Period by (y) a fraction, the numerator of which shall be the number of days for which such Failure to Deposit has not been cured in accordance with Section 2.8(c) hereof (including the day such Failure to Deposit occurs and excluding the day such Failure to Deposit is cured) and the denominator of which shall be 360, and applying the rate obtained against the aggregate liquidation preference of the outstanding APS and (2) if such Failure to Deposit consisted of the failure timely to pay to the Auction Agent the Redemption Price of the APS, if any, for which Notice of Redemption has been given by the Trust, an amount computed by multiplying (x) 300200% of the Reference Rate for the Rate Period during which such Failure to Deposit occurs on the redemption date by (y) a fraction, the numerator of which shall be the number of days for which such Failure to Deposit is not cured in accordance with Section 2.8(c) hereof (including the day such Failure to Deposit occurs and excluding the day such Failure to Deposit is cured) and the denominator of which shall be 360, and applying the rate obtained against the aggregate liquidation preference of the outstanding APS to be redeemed, then the Auction Agent shall deliver a notice in the form of Exhibit G hereto by first-class mail, postage prepaid, to the Broker-Dealers for such series not later than one Business Day after its receipt of the payment from the Trust curing such Failure to Deposit and such Late Charge.