Common use of Provisions Incorporated by Reference Clause in Contracts

Provisions Incorporated by Reference. (a) Subject to Section 3(b), the provisions of Sections ____ and ____ of the Underwriting Agreement shall be incorporated, as applicable into this Agreement and made applicable to the obligations of the Remarketing Underwriter, except as explicitly amended hereby. (b) With respect to the provisions of the Underwriting Agreement incorporated herein, for the purposes hereof, (i) all references therein to the "Underwriter" or "Underwriters" or the "Representative" or "Representatives", as the case may be, shall be deemed to refer to the Remarketing Underwriter; (ii) all references therein to the "Securities" which are the subject thereof shall be deemed to refer to the Debt Securities as defined herein; (iii) all references therein to the "Closing Date" shall be deemed to refer to the Remarketing Closing Date specified in Schedule I hereto (the "Remarketing Closing Date"); (iv) all references therein to the "Registration Statement", the "Basic Prospectus" and the "Final Prospectus" shall be deemed to refer to the Registration Statement, the Basic Prospectus and the Final Prospectus, respectively, as defined herein.

Appears in 5 contracts

Sources: Remarketing Agreement (Dte Energy Co), Remarketing Agreement (Amerus Group Co/Ia), Remarketing Agreement (Oneok Inc /New/)

Provisions Incorporated by Reference. (a) Subject to Section 3(b), the provisions of Sections ____ and ____ of the Underwriting Agreement shall be incorporated, as applicable applicable, into this Agreement and made applicable to the obligations of the Remarketing Underwriter, except as explicitly amended herebyhereby (with such changes as the Company, the Purchase Contract Agent and the Remarketing Agent may agree upon, it being understood that changes may be necessary in the representations, warranties, covenants and other provisions hereof due to changes in law or facts and circumstances). (b) With respect to the provisions of the Underwriting Agreement incorporated herein, for the purposes hereof, (i) all references therein to the "Underwriter" or "Underwriters" or the "Representative" or "Representatives", as the case may be, shall be deemed to refer to the Remarketing Underwriter; (ii) all references therein to the "Securities" which are the subject thereof shall be deemed to refer to the Debt Securities as defined herein; (iii) all references therein to the "Closing Date" shall be deemed to refer to the Remarketing Closing Date specified in Schedule I hereto (the "Remarketing Closing Date"); (iv) all references therein to the "Registration Statement", the "Basic Prospectus" and the "Final Prospectus" shall be deemed to refer to the Registration Statement, the Basic Prospectus Statement and the Final Prospectus, respectively, as defined herein.

Appears in 3 contracts

Sources: Remarketing Agreement (Ace LTD), Remarketing Agreement (Affiliated Managers Group Inc), Remarketing Agreement (Affiliated Managers Group Inc)

Provisions Incorporated by Reference. (a) Subject to Section 3(b), the provisions of Sections ____ the Underwriting Agreement (other than Section 2, Section 3, Section 4, Section 7, Section 8 and ____ Section 9 thereof) are incorporated herein by reference, mutatis mutandis, and the Company hereby makes the representations and warranties, and agrees to comply with the covenants and obligations, set forth in the provisions of the Underwriting Agreement shall be incorporatedincorporated by reference herein, as applicable into this Agreement and made applicable to modified by the obligations provisions of the Remarketing Underwriter, except as explicitly amended herebySection 3(b) hereof. (b) With respect to the provisions of the Underwriting Agreement incorporated herein, for the purposes hereof, (i) all references therein to the "Underwriter" or "Underwriters" or the "Representative" or "Representatives", as the case may be, shall be deemed to refer to the Remarketing UnderwriterAgent and all references to the "Representative" or the "Representatives" shall be deemed to refer to ▇▇▇▇▇▇▇ Lynch, Pierce, ▇▇▇▇▇▇ & ▇▇▇▇▇ Incorporated, ("▇▇▇▇▇▇▇ ▇▇▇▇▇"); (ii) all references therein to the "Securities" which are the subject thereof or "Initial Securities" shall be deemed to refer to the Debt Securities as defined herein; (iii) all references therein to the "Closing Date" shall be deemed to refer to the Remarketing Closing Date specified in Schedule I hereto (the "Remarketing Closing Date")hereto; (iv) all references therein to the "Registration Statement"" [, the "Basic Prospectus" and preliminary prospectus"] or the "Final Prospectus" shall be deemed to refer to the Registration Statement[, the Basic Prospectus preliminary prospectus] and the Final Prospectus, respectively, as defined herein; (v) all references therein to this "Agreement," the "Underwriting Agreement," "hereof," "herein" and all references of similar import, shall be deemed to mean and refer to this Supplemental Remarketing Agreement; (vi) all references therein to "the date hereof," "the date of this Agreement" and all similar references shall be deemed to refer to the date of this Supplemental Remarketing Agreement; (vii) all references therein to any "settlement date" shall be disregarded; and (viii) [other changes, including changes relating to the offer and sale of the Securities in connection with the Remarketing without registration under the Securities Act of 1933 in reliance upon an exemption therefrom (including the exemption afforded by Rule 144A)].]

Appears in 2 contracts

Sources: Remarketing Agreement (Electronic Data Systems Corp /De/), Remarketing Agreement (Electronic Data Systems Corp /De/)

Provisions Incorporated by Reference. (a) Subject to Section 3(b), the provisions of Sections ____ the Underwriting Agreement (other than Section 2, Section 3, Section 4, Section 7, Section 9 and ____ Section 10 thereof) are incorporated herein by reference, mutatis mutandis, and the Company hereby makes the representations and warranties, and agrees to comply with the covenants and obligations, set forth in the provisions of the Underwriting Agreement shall be incorporatedincorporated by reference herein, as applicable into this Agreement and made applicable to modified by the obligations provisions of the Remarketing Underwriter, except as explicitly amended herebySection 3(b) hereof. (b) With respect to the provisions of the Underwriting Agreement incorporated herein, for the purposes hereof, (i) all references therein to the "Underwriter" or "Underwriters" or the "Representative" or "Representatives", as the case may be, shall be deemed to refer to the Remarketing UnderwriterAgent and all references to the "Representative" or the "Representatives" shall be deemed to refer to [___] ("[___]"); (ii) all references therein to the "SecuritiesNotes" which are the subject thereof shall be deemed to refer to the Debt Securities Notes as defined herein; (iii) all references therein to the "Closing Date" shall be deemed to refer to the Remarketing Closing Date specified in Schedule I hereto (the "Remarketing Closing Date")hereto; (iv) all references therein to the "Registration Statement", the "Basic Prospectus" and the "Final Prospectus" shall be deemed to refer to the Registration Statement, the Basic Prospectus Statement and the Final Prospectus, respectively, as defined herein; (v) all references therein to this "Agreement," the "Underwriting Agreement," "hereof," "herein" and all references of similar import, shall be deemed to mean and refer to this Supplemental Remarketing Agreement; (vi) all references therein to "the date hereof," "the date of this Agreement" and all similar references shall be deemed to refer to the date of this Supplemental Remarketing Agreement; and (vii) [other required changes].]

Appears in 2 contracts

Sources: Remarketing Agreement (Sprint Corp), Remarketing Agreement (Sprint Corp)

Provisions Incorporated by Reference. (a) Subject to Section 3(b), the provisions of Sections ____ and ____ of the Underwriting Agreement shall be incorporated, as applicable into this Agreement and made applicable to the obligations of the Remarketing Underwriter, except as explicitly amended hereby. (b) With respect to the provisions of the Underwriting Agreement incorporated herein, for the purposes hereof, (i) all references therein to the "Underwriter" or "Underwriters" or the "Representative" or "Representatives", as the case may be, shall be deemed to refer to the Remarketing Underwriter; (ii) all references therein to the "Securities" which are the subject thereof shall be deemed to refer to the Debt Securities as defined herein; (iii) all references therein to the "Closing Date" shall be deemed to refer to the Remarketing Closing Date specified in Schedule I hereto (the "Remarketing Closing Date"); (iv) all references therein to the "Registration Statement", " the "Basic Prospectus" and the "Final Prospectus" shall be deemed to refer to the Registration Statement, the Basic Prospectus and the Final Prospectus, respectively, as defined herein.

Appears in 1 contract

Sources: Remarketing Agreement (PCHC Finance I)

Provisions Incorporated by Reference. (a) Subject to Section 3(b), the provisions of Sections ____ and ____ of the Underwriting Agreement shall be incorporated, as applicable applicable, into this Agreement and made applicable to the obligations of the Remarketing Underwriter, except as explicitly amended hereby. (b) With respect to the provisions of the Underwriting Agreement incorporated herein, for the purposes hereof, (i) all references therein to the "Underwriter" or "Underwriters" or the "Representative" or "Representatives", as the case may be, shall be deemed to refer to the Remarketing Underwriter; (ii) all references therein to the "Securities" which are the subject thereof shall be deemed to refer to the Debt Securities as defined herein; (iii) all references therein to the "Closing Date" shall be deemed to refer to the Remarketing Closing Date specified in Schedule I hereto (the "Remarketing Closing Date"); (iv) all references therein to the "Registration Statement", the "Basic Prospectus" and the "Final Prospectus" shall be deemed to refer to the Registration Statement, the Basic Prospectus Statement and the Final Prospectus, respectively, as defined herein.

Appears in 1 contract

Sources: Remarketing Agreement (Ace LTD)

Provisions Incorporated by Reference. (ai) Subject to Section 3(b), the provisions of Sections ____ and ____ of the Underwriting Agreement shall be incorporated, as applicable applicable, into this Agreement and made applicable to the obligations of the Remarketing Underwriter, except as explicitly amended hereby. (bii) With respect to the provisions of the Underwriting Agreement incorporated herein, for the purposes hereof, (i) all references therein to the "Underwriter" or "Underwriters" or the "Representative" or "Representatives", as the case may be, shall be deemed to refer to the Remarketing Underwriter; (ii) all references therein to the "Preferred Securities" which are the subject thereof shall be deemed to refer to the Debt Securities as defined herein; (iii) all references therein to the "Closing Date" shall be deemed to refer to the Remarketing Closing Date specified in Schedule I hereto (the "Remarketing Closing Date"); (iv) all references therein to the "Registration Statement", the "Basic Prospectus" and the "Final Prospectus" shall be deemed to refer to the Registration Statement, the Basic Prospectus and the Final Prospectus, ,respectively, as defined herein.

Appears in 1 contract

Sources: Remarketing Agreement (Lincoln National Corp)

Provisions Incorporated by Reference. (a) Subject to Section 3(b), the provisions of Sections ____ and ____ of the Underwriting Agreement shall be incorporated, as applicable into this Agreement and made applicable to the obligations of the Remarketing Underwriter, except as explicitly amended hereby. (b) With respect to the provisions of the Underwriting Agreement incorporated herein, for the purposes hereof, (i) all references therein to the "Underwriter" or "Underwriters" or the "Representative" or "Representatives", as the case may be, shall be deemed to refer to the Remarketing Underwriter; (ii) all references therein to the "Securities" which are the subject thereof shall be deemed to refer to the Debt Securities as defined herein; (iii) all references therein to the "Closing Date" shall be deemed to refer to the Remarketing Closing Date specified in Schedule I hereto (the "Remarketing Closing Date"); and (iv) all references therein to the "Registration Statement", the "Basic Prospectus" and the "Final Prospectus" shall be deemed to refer to the Registration Statement, the Basic Prospectus and the Final Prospectus, respectively, as defined herein.

Appears in 1 contract

Sources: Remarketing Agreement (Arvin Industries Inc)

Provisions Incorporated by Reference. (a) Subject to Section 3(b), the provisions of Sections ____ and ____ of the Underwriting Agreement shall be incorporated, ---- ---- as applicable into this Agreement and made applicable to the obligations of the Remarketing Underwriter, except as explicitly amended hereby. (b) With respect to the provisions of the Underwriting Agreement incorporated herein, for the purposes hereof, (i) all references therein to the "Underwriter" or "Underwriters" or the "Representative" or "Representatives", as the case may be, shall be deemed to refer to the Remarketing Underwriter; (ii) all references therein to the "Securities" which are the subject thereof shall be deemed to refer to the Debt Securities as defined herein; (iii) all references therein to the "Closing Date" shall be deemed to refer to the Remarketing Closing Date specified in Schedule I hereto (the "Remarketing Closing Date"); (iv) all references therein to the "Registration Statement", the "Basic Prospectus" and the "Final Prospectus" shall be deemed to refer to the Registration Statement, the Basic Prospectus and the Final Prospectus, respectively, as defined herein.

Appears in 1 contract

Sources: Remarketing Agreement (Texas Utilities Co /Tx/)

Provisions Incorporated by Reference. (a) Subject to Section 3(b), the provisions of Sections ____ and ____ of the Underwriting Agreement shall be incorporated, as applicable applicable, into this Agreement and made applicable to the obligations of the Remarketing Underwriter, except as explicitly amended hereby. (b) With respect to the provisions of the Underwriting Agreement incorporated herein, for the purposes hereof, (i) all references therein to the "Underwriter" or "Underwriters" or the "Representative" or "Representatives", as the case may be, shall be deemed to refer to the Remarketing Underwriter; (ii) all references therein to the "Securities" which are the subject thereof shall be deemed to refer to the Debt Securities as defined herein; (iii) all references therein to the "Closing Date" shall be deemed to refer to the Remarketing Closing Date specified in Schedule I hereto (the "Remarketing Closing Date"); (iv) all references therein to the "Registration Statement", the "Basic Prospectus" and the "Final Prospectus" shall be deemed to refer to the Registration Statement, the Basic Prospectus and the Final Prospectus, respectively, as defined herein.

Appears in 1 contract

Sources: Remarketing Agreement (Cox Communications Inc /De/)