Common use of Replacement and Resignation of Remarketing Agent Clause in Contracts

Replacement and Resignation of Remarketing Agent. (a) The Company may in its absolute discretion replace Merrxxx Xxxcx xx the Remarketing Agent and/or as the Reset Agent in its capacity hereunder by giving notice prior to 3:00 p.m., New York City time, on the eleventh Business Day immediately prior to the Purchase Contract Settlement Date. Any such replacement shall become effective upon the Company's appointment of a successor to perform the services that would otherwise be performed hereunder by the Remarketing Agent and/or the Reset Agent. Upon providing such notice, the Company shall use all reasonable efforts to appoint such a successor and to enter into a remarketing agreement with such successor as soon as reasonably practicable.

Appears in 3 contracts

Samples: Remarketing Agreement (Kennametal Financing I), Remarketing Agreement (Conseco Financing Trust Vii), Remarketing Agreement (PCHC Finance I)

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Replacement and Resignation of Remarketing Agent. (a) The Company may in its absolute discretion replace Merrxxx Xxxcx xx Xxxxxxx Xxxxx in its capacity hereunder as the Remarketing Agent and/or as the Reset Agent in its capacity hereunder by giving notice prior to 3:00 p.m., New York City time, on the eleventh Business Day immediately prior to the Purchase Contract Settlement Date. Any such replacement shall become effective upon the Company's appointment of a successor to perform the services that would otherwise be performed hereunder by the Remarketing Agent and/or the Reset Agent. Upon providing such notice, the Company shall use all commercially reasonable efforts to appoint such a successor and to enter into a remarketing agreement with such successor as soon as reasonably practicable.

Appears in 1 contract

Samples: Remarketing Agreement (Ace LTD)

Replacement and Resignation of Remarketing Agent. (a) The Company may in its absolute discretion replace Merrxxx Xxxcx xx the Remarketing Agent and/or as the Reset Agent Merrill Lynch in its capacity hereunder as the Remarketing Agent axx/xx xs xxx Xeset Agent by giving notice prior to 3:00 p.m., New York City time, on the eleventh Business Day immediately prior to the Purchase Contract Settlement Date. Any such replacement shall become effective upon the Company's appointment of a successor to perform the services that would otherwise be performed hereunder by the Remarketing Agent and/or the Reset Agent. Upon providing such notice, the Company shall use all reasonable efforts to appoint such a successor and to enter into a remarketing agreement with such successor as soon as reasonably practicable.

Appears in 1 contract

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

Replacement and Resignation of Remarketing Agent. (a) The Company may in its absolute discretion replace Merrxxx Xxxcx xx Xxxxxxx Xxxxx as the Remarketing Agent and/or as the Reset Agent in its capacity hereunder by giving notice prior to 3:00 p.m., New York City time, on the eleventh Business Day immediately prior to the Purchase Contract Settlement Date. Any such replacement shall become effective upon the Company's appointment of a successor to perform the services that would otherwise be performed hereunder by the Remarketing Agent and/or the Reset Agent. Upon providing such notice, the Company shall use all reasonable efforts to appoint such a successor and to enter into a remarketing agreement with such successor as soon as reasonably practicable.

Appears in 1 contract

Samples: Remarketing Agreement (Cendant Corp)

Replacement and Resignation of Remarketing Agent. (a) The Company may in its absolute discretion replace Merrxxx Xxxcx xx Xxxxxxx Xxxxx as the Remarketing Agent and/or as the and Reset Agent in its capacity hereunder by giving notice prior to 3:00 p.m., New York City time, on the eleventh Business Day immediately prior to the Purchase Contract Settlement Date. Any such replacement shall become effective upon the Company's appointment of a successor to perform the services that would otherwise be performed hereunder by the Remarketing Agent and/or the and Reset Agent. Upon providing such notice, the Company shall use all reasonable efforts to appoint such a successor and to enter into a remarketing agreement with such successor as soon as reasonably practicable.

Appears in 1 contract

Samples: Remarketing Agreement (Cinergy Corp)

Replacement and Resignation of Remarketing Agent. (a) The ------------------------------------------------ Company may in its absolute discretion replace Merrxxx Xxxcx xx Xxxxxxx Xxxxx in its capacity hereunder as the Remarketing Agent and/or as the Reset Agent in its capacity hereunder by giving notice prior to 3:00 p.m., New York City time, on the eleventh Business Day immediately prior to the Purchase Contract Settlement Date. Any such replacement shall become effective upon the Company's appointment of a successor to perform the services that would otherwise be performed hereunder by the Remarketing Agent and/or the Reset Agent. Upon providing such notice, the Company shall use all reasonable efforts to appoint such a successor and to enter into a remarketing agreement with such successor as soon as reasonably practicable.

Appears in 1 contract

Samples: Remarketing Agreement (Ace LTD)

Replacement and Resignation of Remarketing Agent. (a) The Company may in its absolute discretion replace Merrxxx Xxxcx xx [ ] as the Remarketing Agent and/or as the Reset Agent in its capacity hereunder by giving notice prior to 3:00 p.m., New York City time, on the eleventh fourteenth Business Day immediately prior to the Purchase Contract Settlement Date. Any such replacement shall become effective upon the Company's appointment of a successor to perform the services that would otherwise be performed hereunder by preceding the Remarketing Agent and/or the Reset AgentDate. Upon providing such notice, the Company shall use all reasonable best efforts to appoint such a successor and to enter into a remarketing agreement with such successor as soon as reasonably practicable.

Appears in 1 contract

Samples: Remarketing Agreement (Avery Dennison Corporation)

Replacement and Resignation of Remarketing Agent. (ai) The Company may in its absolute discretion replace Merrxxx Xxxcx xx the Remarketing Agent and/or as the Reset Agent in its either such capacity hereunder by giving notice prior to 3:00 p.m., New York City time, on the eleventh Business Day immediately prior to the Purchase Contract Settlement Date. Any such replacement shall become effective effective, and Merrxxx Xxxcx xxxll be discharged from its duties and obligations hereunder, as Remarketing Agent and/or Reset Agent upon the Company's appointment of a successor to perform the services that would otherwise be performed hereunder by the Remarketing Agent and/or the Reset AgentAgent and the agreement of any such successor so to serve. Upon providing such notice, the Company shall use all reasonable efforts to appoint such a successor and to enter into a new remarketing agreement with such successor as soon as reasonably practicable.

Appears in 1 contract

Samples: Remarketing Agreement (Lincoln National Corp)

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Replacement and Resignation of Remarketing Agent. (a) The Company may in its absolute discretion replace Merrxxx Xxxcx xx [ ] as the Remarketing Agent and/or as the Reset Agent in its capacity hereunder by giving notice prior to 3:00 p.m., New York City time, time on the eleventh [eleventh] Business Day immediately prior to the Purchase Contract Settlement Remarketing Date. Any such replacement shall become effective upon the Company's appointment of a successor to perform the services that would otherwise be performed hereunder by the Remarketing Agent and/or the Reset Agent. Upon providing such notice, the Company shall use all reasonable efforts to appoint such a successor and to enter into a remarketing agreement with such successor as soon as reasonably practicable.

Appears in 1 contract

Samples: Remarketing Agreement (Berkshire Hathaway Inc)

Replacement and Resignation of Remarketing Agent. (a) The Company may in its absolute discretion replace Merrxxx Xxxcx xx Xxxxxxx Xxxxx as the Remarketing Agent and/or as the Reset Agent in its capacity hereunder by giving notice prior to 3:00 p.m., New York City time, on the eleventh Business Day immediately prior to the Purchase Contract Settlement Date. Any such replacement shall become effective upon the Company's appointment of a successor to perform the services that would otherwise be performed hereunder by the Remarketing Agent and/or the Reset Agent. Upon providing such notice, the Company shall use all reasonable efforts to appoint such a successor and to enter into a remarketing agreement with such successor as soon as reasonably reason ably practicable.

Appears in 1 contract

Samples: Form of Remarketing Agreement (Cendant Capital Iii)

Replacement and Resignation of Remarketing Agent. (a) The Company may in its absolute discretion replace Merrxxx Xxxcx xx the Remarketing Agent and/or and as the Reset Agent in its capacity hereunder by giving notice prior to 3:00 p.m., New York City time, on the eleventh Business Day immediately prior to the Purchase Contract Settlement Date, provided that the Company must replace Merrxxx Xxxcx xxxh as Remarketing Agent and as Reset Agent unless Merrxxx Xxxcx xxxll otherwise agree. Any such replacement shall become effective upon the Company's appointment of a successor to perform the services that would otherwise be performed hereunder by the Remarketing Agent and/or and the Reset Agent. Upon providing such notice, the Company shall use all reasonable efforts to appoint such a successor and to enter into a remarketing agreement with such successor as soon as reasonably practicable.

Appears in 1 contract

Samples: Remarketing Agreement (Kaufman & Broad Home Corp)

Replacement and Resignation of Remarketing Agent. (a) The Company may in its absolute discretion replace Merrxxx Xxxcx xx Xxxxxxx Xxxxx as the Remarketing Agent and/or as the Reset Agent in its capacity hereunder by giving notice prior to 3:00 p.m., New York City time, on the eleventh Business Day immediately prior to the Purchase Contract Settlement Datecommencement of any Three-Day Remarketing Period. Any such replacement shall become effective upon the Company's appointment of a successor to perform the services that would otherwise be performed hereunder by the Remarketing Agent and/or the Reset Agent. Upon providing such notice, the Company shall use all reasonable efforts to appoint such a successor and to enter into a remarketing agreement with such successor as soon as reasonably practicable. The Company shall notify the Purchase Contract Agent, the Collateral Agent and the Custodial Agent of the appointment of any such successor.

Appears in 1 contract

Samples: Remarketing Agreement (Great Plains Energy Inc)

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