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 Xxxxxxx Xxxxx as the Remarketing Agent and as the Reset Agent hereunder by giving notice prior to 3:00 p.m., New York City time (i) on the eleventh Business Day immediately prior to August 17, 2004, or (ii) in the event of a Failed Initial Remarketing, prior to 3:00 p.m., New York City time on the eleventh Business Day immediately prior to the Purchase Contract Settlement Date, provided, in either case, that the Company must replace Xxxxxxx Xxxxx both as Remarketing Agent and as Reset Agent unless Xxxxxxx Xxxxx shall 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 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.

Replacement and Resignation of Remarketing Agent. (a) The Company may in its absolute discretion replace Xxxxxxx Xxxxx Merrill Lynch as the Remarketing Agent and as the Reset Agent hereunder by giving hexxxxxxx xx xxving notice prior to 3:00 p.m., New York City time (i) on the eleventh Business Day immediately prior to August 17November 16, 2004, or (ii) in the event of a Failed Initial Remarketing, prior to 3:00 p.m., New York City time on the eleventh Business Day immediately prior to the Purchase Contract Settlement Date, provided, in either case, that the Company must replace Xxxxxxx Xxxxx Merrill Lynch both as Remarketing Agent and as Reset Agent unless Xxxxxxx Xxxxx unlesx Xxxxxlx Xxxch shall otherwise agree. Any such replacement shall become effective xxxxxx exxxxxive upon the Company's appointment of a successor to perform the services that would otherwise be performed hereunder by the Remarketing Agent 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. The Company shall notify the Purchase Contract Agent and the Collateral Agent of the appointment of any such successor.

Replacement and Resignation of Remarketing Agent. (a) The Company may in its absolute discretion replace Xxxxxxx Xxxxx JPMorgan as the Remarketing Agent and as the Reset Agent hereunder by giving notice prior to 3:00 p.m., New York City time (i) on the eleventh Business Day immediately prior to August May 17, 2004, or (ii) in the event of a Failed Initial Remarketing, prior to 3:00 p.m., New York City time on the eleventh Business Day immediately prior to the Purchase Contract Settlement Date, provided, in either case, that the Company must replace Xxxxxxx Xxxxx JPMorgan both as Remarketing Agent and as Reset Agent unless Xxxxxxx Xxxxx JPMorgan shall 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 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.

Replacement and Resignation of Remarketing Agent. (a) The Company may in its absolute discretion replace Xxxxxxx Xxxxx as Merrxxx Xxxcx xx the Remarketing Agent and as the Reset Agent hereunder by giving notice prior to 3:00 p.m., New York City time (i) on the eleventh Business Day immediately prior to August 17_______________, 20042003, or (ii) in the event of a Failed Initial Remarketing, prior to 3:00 p.m., New York City time on the eleventh Business Day immediately prior to the Purchase Contract Settlement Date, provided, in either case, that the Company must replace Xxxxxxx Xxxxx both Merrxxx Xxxcx xxxh as Remarketing Agent and as Reset Agent unless Xxxxxxx Xxxxx shall 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 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.

Replacement and Resignation of Remarketing Agent. (a) The Company may in its absolute discretion replace Xxxxxxx Xxxxx * as the Remarketing Agent and as the Reset Agent hereunder by giving notice prior to 3:00 p.m., New York City time (i) on the eleventh Business Day immediately prior to August February 17, 20042005, or (ii) in the event of a Failed Initial Remarketing, on the eleventh Business Day immediately prior to 3:00 p.m.April 17, New York City time 2005, or (iii) in the event of a Failed Secondary Remarketing, on the eleventh Business Day immediately prior to the Purchase Contract Settlement Date, provided, in either case, that the Company must replace Xxxxxxx Xxxxx * both as Remarketing Agent and as Reset Agent unless Xxxxxxx Xxxxx * shall 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 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 and the Collateral Agent of the appointment of any such successor.

Replacement and Resignation of Remarketing Agent. (a) The Company may in its absolute discretion replace Xxxxxxx Xxxxx as the Remarketing Agent and as the Reset Agent hereunder by giving notice prior to 3:00 p.m., New York City time (i) on the eleventh Business Day immediately prior to August February 17, 20042005, or (ii) in the event of a Failed Initial Remarketing, prior to 3:00 p.m., New York City time on the eleventh Business Day immediately prior to the Purchase Contract Settlement Date, provided, in either case, that the Company must replace Xxxxxxx Xxxxx both as Remarketing Agent and as Reset Agent unless Xxxxxxx Xxxxx shall otherwise agreeagree to continue to serve solely in one such capacity. 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 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 and the Collateral Agent of the appointment of any such successor.