Mandatory Tender. (a) The Unredeemed Bonds are subject to mandatory tender in whole and not in part on the Mandatory Tender Date and shall be purchased at a price (the “Purchase Price”) equal to 100% of the principal amount of such Bonds, without premium. No later than 10:00 a.m., Eastern time, on the Mandatory Tender Date, the Holders of the Unredeemed Bonds shall deliver such Bonds to the Trustee. The Trustee shall utilize the following sources of payments to pay the Purchase Price of the Unredeemed Bonds not later than 2:30 p.m. Eastern time on the Mandatory Tender Date, in the following priority: (i) amounts on deposit in the Remarketing Proceeds Account, and (ii) any other Eligible Funds available or made available for such purpose at the direction of an Authorized Borrower Representative. (b) Not less than thirty (30) days before the Mandatory Tender Date, the Trustee shall give written notice of tender and remarketing to the Holders of Unredeemed Bonds by first class mail, postage prepaid, at their respective addresses appearing in the Register. The notice shall state the Mandatory Tender Date and that: (i) all outstanding Unredeemed Bonds are subject to mandatory tender for purchase on the Mandatory Tender Date and must be tendered for purchase on the Mandatory Tender Date; (ii) all outstanding Unredeemed Bonds will be purchased on the Mandatory Tender Date at a price equal to the Purchase Price; (iii) Holders will not have the right to elect to retain their Unredeemed Bonds and any such Bonds not tendered will nevertheless be deemed to have been tendered and will cease to bear interest from and after the Mandatory Tender Date; and (iv) the address of the office of the Trustee at which Holders should deliver their Unredeemed Bonds for purchase on the Mandatory Tender Date. If notice is given as stated in this subsection, failure of any Holder to receive such notice, or any defect in the notice, shall not affect the remarketing or the validity of the proceedings for the remarketing of the Unredeemed Bonds.
Appears in 1 contract
Sources: Trust Indenture
Mandatory Tender. (a) The Unredeemed Bonds are subject to mandatory tender in whole and not in part on the Mandatory Tender Date and shall be purchased at a price (the “Purchase Price”) equal to 100% of the principal amount of such Bonds, plus accrued interest, if any to the Mandatory Tender Date, and OHSUSA:763098104.5 without premium. No later than 10:00 a.m., Eastern Pacific time, on the Mandatory Tender Date, the Holders of the Unredeemed Bonds shall deliver such the Bonds to the Trustee. The Trustee shall utilize the following sources of payments to pay the Purchase Price tender price of the Unredeemed Bonds not later than 2:30 p.m. Eastern time p.m., Pacific time, on the Mandatory Tender Date, in the following priority: ; (i) amounts representing proceeds of remarketed Bonds received pursuant to Section 3.08(c) hereof, to pay the principal amount, plus accrued interest, of Bonds tendered for purchase, (ii) amounts on deposit in the Remarketing Proceeds AccountCollateral Fund and the Project Fund, to pay the principal amount of Bonds tendered for purchase, (iii) amounts on deposit in the Negative Arbitrage Account of the Bond Fund to pay the accrued interest, if any, on Bonds tendered for purchase, and (iiiv) any other Eligible Funds available or made available for such purpose at the direction of an the Authorized Borrower Representative.
(b) In the event that the conditions set forth in Section 3.07 hereof are not satisfied and/or the Trustee shall not have received remarketing proceeds on the Mandatory Tender Date equal to the principal amount of the Bonds Outstanding on such date, the Bonds shall be purchased in whole on the Mandatory Tender Date using amounts on deposit in the Collateral Fund, the Project Fund and the Bond Fund, and, immediately following such purchase, the Bonds shall be deemed redeemed on the Mandatory Tender Date and cancelled by the Trustee.
(c) Not less than thirty (30) 30 days before the Mandatory Tender Date, the Trustee shall give written notice of tender and remarketing to the Holders of Unredeemed Bonds by first class mail, postage prepaid, at their respective addresses appearing in on the Register. The notice shall state the Mandatory Tender Date and that:
(i) all outstanding Unredeemed Outstanding Bonds are subject to mandatory tender for purchase on the Mandatory Tender Date and must be tendered for purchase on the Mandatory Tender Date;
(ii) all outstanding Unredeemed Outstanding Bonds will be purchased on the Mandatory Tender Date at a price equal to the Purchase Priceprincipal amount of the Outstanding Bonds plus interest accrued to the Mandatory Tender Date;
(iii) Holders will not have the right to elect to retain their Unredeemed Bonds and any such Bonds not tendered will nevertheless be deemed to have been tendered and will cease to bear interest from and after the Mandatory Tender Date; and
(iv) the address of the office of the Trustee at which Holders should deliver their Unredeemed Bonds for purchase on the Mandatory Tender Date. If notice is given as stated in this subsectionsection, failure of any Holder to receive such notice, or any defect in the notice, shall not affect the remarketing or the validity of the proceedings for the remarketing of the Unredeemed Bonds.. OHSUSA:763098104.5 Bonds:
Appears in 1 contract
Sources: Trust Indenture
Mandatory Tender. (a) The Unredeemed All Outstanding Bonds are shall be subject to mandatory tender by the Holders for purchase in whole and not in part on the each Mandatory Tender Date and Date. The purchase price for each such Bond shall be purchased at a price (payable in lawful money of the “Purchase Price”) United States of America by check or draft, shall equal to 100% of the principal amount of such Bondsto be purchased and accrued interest, without premium. No later than 10:00 a.m.if any, Eastern time, on to the Mandatory Tender Date, and shall be paid in full on the Holders applicable Mandatory Tender Date.
(b) While tendered Bonds are in the custody of the Unredeemed Trustee pending purchase pursuant hereto, the tendering Holders thereof shall be deemed the owners thereof for all purposes, and interest accruing on tendered Bonds shall deliver through the day preceding the applicable Mandatory Tender Date is to be paid as if such Bonds had not been tendered for purchase.
(c) Notwithstanding anything herein to the Trustee. contrary, any Bond tendered under this Section 3.05 will not be purchased if such Bond matures or is redeemed on or prior to the applicable Mandatory Tender Date.
(d) The Trustee shall utilize the following sources of payments to pay the Purchase Price tender price of the Unredeemed Bonds not later than 2:30 p.m. Eastern time Local Time on the Mandatory Tender Date, Date in the following priority: ; (i) amounts representing proceeds of remarketed Bonds deposited in the Remarketing Proceeds Account, to pay the principal amount, plus accrued interest, of Bonds tendered for purchase, (ii) amounts on deposit in the Remarketing Proceeds AccountCollateral Fund, to pay the principal amount of Bonds tendered for purchase, (iii) amounts on deposit in the Negative Arbitrage Account of the Bond Fund to pay the accrued interest; if any, on Bonds tendered for purchase, (iv) amounts on deposit in the Project Fund to pay the accrued interest, if any, on the Bonds tendered for purchase and (iiv) any other Eligible Funds available or made available for such purpose at the direction of an Authorized Borrower Representativethe Borrower.
(be) Not less than thirty (30) days before the Mandatory Tender Date, the Trustee Bonds shall give written notice of tender and remarketing to the Holders of Unredeemed Bonds by first class mail, postage prepaid, at their respective addresses appearing in the Register. The notice shall state the Mandatory Tender Date and that:
(i) all outstanding Unredeemed Bonds are subject to mandatory tender for purchase on the Mandatory Tender Date and must be tendered for purchase on the Mandatory Tender Date;
(ii) all outstanding Unredeemed Bonds will be purchased on the Mandatory Tender Date at a price equal to the Purchase Price;
(iii) Holders will not have the right to elect to retain their Unredeemed Bonds and any such Bonds not tendered will nevertheless be deemed to have been tendered and will cease to bear interest from and after the Mandatory Tender Date; and
(iv) the address for purposes of the office of the Trustee at which Holders should deliver their Unredeemed Bonds for purchase on the Mandatory Tender Date. If notice is given as stated in this subsection, failure of any Holder to receive such notice, or any defect in the notice, shall not affect the remarketing or the validity of the proceedings for the remarketing of the Unredeemed Bonds.Section
Appears in 1 contract
Sources: Trust Indenture