Modification of Terms in Connection with a Successful Remarketing Sample Clauses

Modification of Terms in Connection with a Successful Remarketing. Following any Successful Remarketing of the Series A Notes:
Sample 1Sample 2Sample 3See All (7)
AutoNDA by SimpleDocs
Modification of Terms in Connection with a Successful Remarketing. (a) In connection with a Successful Remarketing of the Notes, without the consent of any of the Holders of the Notes, in consultation with the Remarketing Agent, the Company may (but will not be required to) make any of the following elections:
Sample 1Sample 2Sample 3See All (6)
Modification of Terms in Connection with a Successful Remarketing. In consultation with the Remarketing Agent and without the consent of any Holders of the Notes, the Company may (but shall not be required to) elect in connection with a Remarketing to:
Sample 1Sample 2
Modification of Terms in Connection with a Successful Remarketing. (a) In consultation with the Remarketing Agent and without the consent of any Holders of the Debentures, the Company may (but will not be required to) elect to, pursuant to Section 9.03, remarket any Debentures as fixed-rate notes or floating-rate notes and, in the case of floating-rate notes, provide that the interest rate on the Debentures shall be equal to an index selected by the Company plus the reset spread (as determined by the Remarketing Agent), in consultation with the Company, in which case interest on the Debentures may be calculated on the basis of a 360 day year and the actual number of days elapsed (or such other basis as is customarily used for floating-rate Debentures bearing interest at a rate based on such index rate).
Sample 1Sample 2
Modification of Terms in Connection with a Successful Remarketing. (a) The Notes to be remarketed in an Optional Remarketing or a Final Remarketing shall be divided into two Tranches, such that neither Tranche will have an aggregate principal amount of less than the lesser of $300 million and 50% of the aggregate principal amount of the Notes to be remarketed. One Tranche shall mature on or about the third anniversary of the Remarketing Settlement Date and the other shall mature on or about the fifth anniversary of the Remarketing Settlement Date. The interest deferral provisions of the Notes shall not apply to the Notes remarketed in a Remarketing. The subordination provisions of the Notes and the Guarantee shall not apply to the Notes remarketed in a Final Remarketing, unless the Company makes an irrevocable election otherwise, which shall apply to both Tranches, by notice to the Trustee at any time on or prior to December 28, 2010. Unless the Company so elects, the Notes remarketed in the Final Remarketing shall be the senior, unsecured obligations of the Company guaranteed on a senior, unsecured basis by the Guarantor and governed by the Senior Indenture and a supplemental indenture reflecting any terms of the Notes that the Company and the Guarantor elect to modify (consistent with Section 1202 of the Original Indenture and Article 6 of this Supplemental Indenture No.2) without the consent of any Holders of Notes in connection with the Remarketing. The Company shall allocate the Notes whose Holders elect not to participate in any Remarketing, without any requirement for the consent of such Holders, into these two Tranches, such that neither Tranche immediately after the related Remarketing Settlement Date will have an aggregate principal amount of less than the lesser of $300 million and 50% of the aggregate principal amount of the Notes then Outstanding. On the Business Day following the Optional Remarketing Date or the Final Remarketing Date, as applicable, the Company shall notify Holders of Separate Notes who decided not to participate in the Remarketing how the Company allocated the Notes of such Holders between the two Tranches. Such Holders shall deliver their Separate Notes to the Trustee for cancellation and shall receive in exchange therefor notes issued under the Indenture or Senior Indenture, as applicable, having the terms related to the Tranche allocated to such Holders (the “New Notes”). Until such Holders have delivered their Separate Notes as aforesaid and received the applicable New Notes in exchang...
Sample 1
Modification of Terms in Connection with a Successful Remarketing. Following any Successful Remarketing of the Notes and without the consent of the Holders:
Sample 1

Related to Modification of Terms in Connection with a Successful Remarketing

  • Termination in Connection with a Change of Control If the Executive’s employment is terminated by the Company other than for Cause or by the Executive for Good Reason during the Effective Period, then the Executive shall be entitled to receive the following from the Company:

  • Termination in Connection with Change of Control If Executive’s employment is terminated by the Company without Cause or by Executive for Good Reason within sixty (60) days prior to or twelve (12) months following a Change of Control, Executive shall be entitled to receive, in lieu of any severance benefits to which Executive may otherwise be entitled under any severance plan or program of the Company, the benefits provided below:

  • NEGOTIATION OF SUCCESSOR AGREEMENT For the purposes of negotiating a successor Agreement, APSOU and the University will meet between April 1, 2018, and June 30, 2018, to begin negotiations of a Successor Agreement. APSOU will send written notice to the University within ten (10) university days after the meeting specifying those subjects, sections, or articles it proposes to open for negotiations. Ten (10) university days after the University receives APSOU’s request, the University will send written notice to APSOU specifying those subjects, sections or articles it proposes for negotiations. Those sections of this Agreement not reopened by said notices or by subsequent mutual agreement shall automatically become part of any Successor Agreement. Negotiations of the Successor Agreement shall begin no later than ten (10) university days after APSOU receives the University’s notification, or such date thereafter as may be mutually agreed upon by the parties. The terms of the 2015-18 CBA remain in effect until the completion of bargaining the successor agreement or until the dispute resolution procedures governing negotiations described in ORS 243.712-ORS 243.726 are completed.

  • MODIFICATION OF CONTRACT TERMS The terms and conditions set forth in the Contract shall govern all transactions by Authorized User(s) under this Contract. The Contract may only be modified or amended upon mutual written agreement of the Commissioner and Contractor. The Contractor may, however, offer Authorized User(s) more advantageous pricing, payment, or other terms and conditions than those set forth in the Contract. In such event, a copy of such terms shall be furnished to the Authorized User(s) and Commissioner by the Contractor at the time of such offer. Other than where such terms are more advantageous for the Authorized User(s) than those set forth in the Contract, no alteration or modification of the terms of the Contract, including substitution of Product, shall be valid or binding against Authorized User(s) unless authorized by the Commissioner or specified in the Contract Award Notification. No such alteration or modification shall be made by unilaterally affixing such terms to Product upon delivery (including, but not limited to, attachment or inclusion of standard pre-printed order forms, product literature, “shrink wrap” terms accompanying software upon delivery, or other documents) or by incorporating such terms onto order forms, purchase orders or other documents forwarded by the Contractor for payment, notwithstanding Authorized User’s subsequent acceptance of Product, or that Authorized User has subsequently processed such document for approval or payment.

  • Termination in Connection with a Change in Control a. For purposes of this Agreement, a “

  • Delivery of Opinion of Counsel in Connection with Substitutions and Repurchases (a) Notwithstanding any contrary provision of this Agreement, with respect to any Mortgage Loan that is not in default or as to which default is not reasonably foreseeable, no repurchase or substitution pursuant to Sections 2.02 or 2.03 shall be made unless EMC delivers to the Trustee and the Securities Administrator an Opinion of Counsel, addressed to the Trustee and the Securities Administrator, to the effect that such repurchase or substitution would not (i) result in the imposition of the tax on “prohibited transactions” of REMIC I, REMIC II, REMIC III, REMIC IV or REMIC V or contributions after the Closing Date, as defined in Sections 860F(a)(2) and 860G(d) of the Code, respectively, or (ii) cause any of REMIC I, REMIC II, REMIC III, REMIC IV or REMIC V to fail to qualify as a REMIC at any time that any Certificates are outstanding. Any Mortgage Loan as to which repurchase or substitution was delayed pursuant to this paragraph shall be repurchased or the substitution therefor shall occur (subject to compliance with Sections 2.02 or 2.03) upon the earlier of (a) the occurrence of a default or a default becoming reasonably foreseeable with respect to such Mortgage Loan and (b) receipt by the Trustee of an Opinion of Counsel addressed to the Trustee and the Securities Administrator to the effect that such repurchase or substitution, as applicable, will not result in the events described in clause (i) or clause (ii) of the preceding sentence.

  • Confirmation of no default The Borrower will, within 2 Business Days after service by the Agent of a written request, serve on the Agent a notice which is signed by 2 directors of the Borrower and which:

  • Modification of the Agreement Notwithstanding any of the provisions of this Agreement, the parties may agree to amend this Agreement. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. No oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto.

  • Certification of Funds; Budget and Fiscal Provisions; Termination in the Event of Non-Appropriation This Agreement is subject to the budget and fiscal provisions of the City’s Charter. Charges will accrue only after prior written authorization certified by the Controller, and the amount of City’s obligation hereunder shall not at any time exceed the amount certified for the purpose and period stated in such advance authorization. This Agreement will terminate without penalty, liability or expense of any kind to City at the end of any fiscal year if funds are not appropriated for the next succeeding fiscal year. If funds are appropriated for a portion of the fiscal year, this Agreement will terminate, without penalty, liability or expense of any kind at the end of the term for which funds are appropriated. City has no obligation to make appropriations for this Agreement in lieu of appropriations for new or other agreements. City budget decisions are subject to the discretion of the Mayor and the Board of Supervisors. Contractor’s assumption of risk of possible non-appropriation is part of the consideration for this Agreement. THIS SECTION CONTROLS AGAINST ANY AND ALL OTHER PROVISIONS OF THIS AGREEMENT.

  • METHOD OF CALCULATION OF PROPORTIONATE SHARE WHEREVER REFERRED TO IN THE AGREEMENT Wherever in this Agreement it is stipulated that the Allottee has to make any payment, in common with other Allottee(s) in Project, the same shall be the proportion which the carpet area of the [Apartment/Plot] bears to the total carpet area of all the [Apartments/Plots] in the Project.

Time is Money Join Law Insider Premium to draft better contracts faster.