Common use of Optional Remarketing Clause in Contracts

Optional Remarketing. Pursuant to the Indenture and the Remarketing Agreement, holders of Separated Debt Securities may elect to have such Separated Debt Security remarketed if such holder, on or prior to 5:00 p.m. (New York City time) on the Election Date, delivers (a) to the Trustee and the Collateral Agent a notice of that election, substantially in the form of Exhibit __ of the Indenture Officers' Certificate and Exhibit __ of the Pledge Agreement, respectively, specifying the aggregate principal amount of Debt Securities to be remarketed, and (b) such Separated Debt Securities, by book-entry transfer or other appropriate procedures, to the Collateral Agent for Remarketing, in each case, pursuant to the Indenture. Once the holder of such Separated Debt Securities delivers such notice and Separated Debt Securities as specified in the preceding sentence, such election may not be withdrawn and may not be conditioned upon the level at which the Reset Rate is established in the Remarketing; provided, however, that if such a holder delivers only such a notice but not the Separated Debt Securities subject to the notice, then none of such holder's Separated Debt Securities shall be included in the Remarketing.

Appears in 3 contracts

Samples: Purchase Contract Agreement (Endurance Specialty Holdings LTD), Purchase Contract Agreement (Ohio Casualty Corp), Purchase Contract Agreement (Dqe Capital Corp)

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Optional Remarketing. Pursuant to the Indenture and the Remarketing Agreement, holders of Separated Debt Securities may elect to have such Separated Debt Security remarketed if such holder, on or prior to 5:00 p.m. (New York City time) on the Election Date, delivers (a) to the Trustee and the Collateral Agent a notice of that election, substantially in the form of Exhibit ___ of the Indenture Officers' Officer’s Certificate and Exhibit ___ of the Pledge Agreement, respectively, specifying the aggregate principal amount of Debt Securities to be remarketed, and (b) such Separated Debt Securities, by book-entry transfer or other appropriate procedures, to the Collateral Agent for Remarketing, in each case, pursuant to the Indenture. Once the holder of such Separated Debt Securities delivers such notice and Separated Debt Securities as specified in the preceding sentence, such election may not be withdrawn and may not be conditioned upon the level at which the Reset Rate is established in the Remarketing; provided, however, that if such a holder delivers only such a notice but not the Separated Debt Securities subject to the notice, then none of such holder's ’s Separated Debt Securities shall be included in the Remarketing.

Appears in 1 contract

Samples: Purchase Contract Agreement (Amerigroup Corp)

Optional Remarketing. Pursuant to the Indenture and the Remarketing Agreement, holders of Separated Debt Securities Senior Notes may elect to have such Separated Debt Security Senior Note remarketed if such holder, on or prior to 5:00 p.m. (New York City time) on the Election Date, delivers (a) to the Trustee and the Collateral Agent a notice of that election, substantially in the form of Exhibit __ B of the Indenture 56 Officers' Certificate and Exhibit __ F of the Pledge Agreement, respectively, specifying the aggregate principal amount of Debt Securities Senior Notes to be remarketed, and (b) such Separated Debt SecuritiesSenior Notes, by book-entry transfer or other appropriate procedures, to the Collateral Agent for Remarketing, in each case, pursuant to the Indenture. Once the holder of such Separated Debt Securities Senior Notes delivers such notice and Separated Debt Securities Senior Notes as specified in the preceding sentence, such election may not be withdrawn and may not be conditioned upon the level at which the Reset Rate is established in the Remarketing; providedPROVIDED, howeverHOWEVER, that if such a holder delivers only such a notice but not the Separated Debt Securities Senior Notes subject to the notice, then none of such holder's Separated Debt Securities Senior Notes shall be included in the Remarketing.

Appears in 1 contract

Samples: Purchase Contract Agreement (Sierra Pacific Resources Capital Trust Ii)

Optional Remarketing. Pursuant to the Indenture and the Remarketing Agreement, holders of Separated Debt Securities may elect to have such Separated Debt Security remarketed if such holder, on or prior to 5:00 p.m. (New York City time) on the Election Date, delivers (a) to the Trustee and the Collateral Agent a notice of that election, substantially in the form of Exhibit ______ of the Indenture Officers' Officer’s Certificate and Exhibit ______ of the Pledge Agreement, respectively, specifying the aggregate principal amount of Debt Securities to be remarketed, and (b) such Separated Debt Securities, by book-entry transfer or other appropriate procedures, to the Collateral Agent for Remarketing, in each case, pursuant to the Indenture. Once the holder of such Separated Debt Securities delivers such notice and Separated Debt Securities as specified in the preceding sentence, such election may not be withdrawn and may not be conditioned upon the level at which the Reset Rate is established in the Remarketing; provided, however, that if such a holder delivers only such a notice but not the Separated Debt Securities subject to the notice, then none of such holder's ’s Separated Debt Securities shall be included in the Remarketing.

Appears in 1 contract

Samples: Purchase Contract Agreement (Amerigroup Corp)

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Optional Remarketing. Pursuant to the Indenture and the Remarketing Agreement, holders of Separated Debt Securities Senior Notes may elect to have such Separated Debt Security Senior Note remarketed if such holder, on or prior to 5:00 p.m. (New York City time) on the Election Date, delivers (a) to the Trustee and the Collateral Agent a notice of that election, substantially in the form of Exhibit __ B of the Indenture Officers' Certificate and Exhibit __ F of the Pledge Agreement, respectively, specifying the aggregate principal amount of Debt Securities Senior Notes to be remarketed, and (b) such Separated Debt SecuritiesSenior Notes, by book-entry transfer or other appropriate procedures, to the Collateral Agent for Remarketing, in each case, pursuant to the Indenture. Once the holder of such Separated Debt Securities Senior Notes delivers such notice and Separated Debt Securities Senior Notes as specified in the preceding sentence, such election may not be withdrawn and may not be conditioned upon the level at which the Reset Rate is established in the Remarketing; providedPROVIDED, howeverHOWEVER, that if such a holder delivers only such a notice but not the Separated Debt Securities Senior Notes subject to the notice, then none of such holder's Separated Debt Securities Senior Notes shall be included in the Remarketing.

Appears in 1 contract

Samples: Purchase Contract Agreement (Sierra Pacific Resources)

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