Successful Remarketing. 22 Section 7.04. Substitutions.................................................................. 23
Successful Remarketing. In the event of a Successful Remarketing, the Collateral Agent shall, at the written direction of the Company, instruct the Securities Intermediary to (i) Transfer the applicable Pledged Trust Preferred Securities to the Remarketing Agent upon confirmation of deposit by the Remarketing Agent of the Proceeds of such Successful Remarketing (after deducting any Remarketing Fee in accordance with the Remarketing Agreement) in the applicable Collateral Account, (ii) apply an amount equal to the aggregate Purchase Price for the shares of Common Stock to be issued under the related Stock Purchase Contracts on the applicable Stock Purchase Date in full satisfaction of such Holders' obligations to pay the Purchase Price under the related Stock Purchase Contracts, and (iii) promptly remit the remaining portion of such Proceeds to the Stock Purchase Contract Agent for payment to the Holders of Normal Common Equity Units, in accordance with their respective interests and the Stock Purchase Contract Agreement. With respect to Separate Trust Preferred Securities, any Proceeds of such Remarketing (after deducting any Remarketing Fee in accordance with the Remarketing Agreement) attributable to the Separate Trust Preferred Securities will be remitted to the Custodial Agent for payment to the holders of Separate Trust Preferred Securities. In the event of a Final Failed Remarketing, the Pledged Trust Preferred Securities shall remain credited to the Collateral Account and Section 5.07 shall apply.
Successful Remarketing. In the event the Collateral Agent receives Proceeds of the Pledged Notes from any Successful Remarketing prior to the Final Remarketing Date (after deducting any Remarketing Fee to the extent permitted under the terms of the Remarketing Agreement), the Collateral Agent will, at the written direction of the Company, apply an amount equal to the Treasury Portfolio Purchase Price to purchase from the Quotation Agent the Treasury Portfolio and promptly remit the remaining portion of such Proceeds to the Purchase Contract Agent for payment to the Holders of Corporate Units, in accordance with their respective interests. With respect to Separate Notes, any Proceeds of such Remarketing (after deducting any Remarketing Fee to the extent permitted under the terms of the Remarketing Agreement) attributable to the Separate Notes will be remitted to the Custodial Agent for payment to the holders of Separate Notes. The Collateral Agent shall Transfer the Treasury Portfolio to the Collateral Account and the Pledged Applicable Ownership Interests will secure the obligation of all Holders of Corporate Units to purchase Common Stock of the Company under the Purchase Contracts constituting a part of such Corporate Units, in substitution for the Pledged Notes, which shall be released from the Collateral Account.
Successful Remarketing. In the event of a Successful Remarketing prior to the Final Remarketing Date, the Collateral Agent shall, at the direction of the Company, instruct the Securities Intermediary to (i) Transfer the Pledged Senior Notes to the Remarketing Agent upon confirmation of deposit by the Remarketing Agent of the Proceeds of such Successful Remarketing (after deducting any Remarketing Fee to the extent permitted under the terms of the Remarketing Agreement) in the Collateral Account, (ii) apply an amount equal to the Treasury Portfolio Purchase Price to purchase from the Quotation Agent the Treasury Portfolio, (iii) credit the Applicable Ownership Interests specified in clause (i) of the definition of such term to the Collateral Account, and (iv) promptly remit the remaining portion of such Proceeds to the Purchase Contract Agent for payment to the Holders of Corporate Units, in accordance with their respective interests. With respect to Separate Senior Notes, any Proceeds of such Remarketing (after deducting any Remarketing Fee to the extent permitted under the terms of the Remarketing Agreement) attributable to the Separate Senior Notes will be remitted to the Custodial Agent for payment to the holders of Separate Senior Notes. The Pledged Applicable Ownership Interests thus credited to the Collateral Account will secure the obligation of all Holders of Corporate Units to purchase Common Stock of the Company under the Purchase Contracts represented by such Corporate Units, in substitution for the Pledged Senior Notes, which shall be released from the Collateral Account. In the event of a Failed Final Remarketing, the Pledged Senior Notes shall remain credited to the Collateral Account.
Successful Remarketing. If any remarketing is successful (a "SUCCESSFUL REMARKETING" and the date thereof, the "REMARKETING DATE"), then:
Successful Remarketing. If this Agreement is terminated pursuant to any of the other provisions hereof, except as otherwise provided herein, the Company shall not be under any liability to any Remarketing Agent and no Remarketing Agent shall be under any liability to the Company, except that if this Agreement is terminated by any Remarketing Agent because of any failure or refusal on the part of the Company to comply with the terms or to fulfill any of the conditions of this Agreement, the Company will reimburse such Remarketing Agent for all out-of-pocket expenses (including the fees and disbursements of its counsel) reasonably incurred by them. Section 9, Section 10 and Section 13 hereof shall survive the termination of this Agreement or the resignation or removal of any Remarketing Agent.
Successful Remarketing. Section 5(d) of the Remarketing Agreement shall be amended by the addition of the following new sentence after the last sentence thereof: On the Remarketing Settlement Date following the settlement of the and sale of the Preferred Securities (or, if applicable, the Senior Notes), the provisions of this Section 5 (other than Sections 5(i) and 5(j)) shall terminate and shall be of no further effect.
Successful Remarketing. In the event of a Successful Remarketing, the Collateral Agent shall, at the direction of the Company, instruct the Securities Intermediary to (i) Transfer the Pledged STACKS to the Remarketing Agent upon confirmation of deposit by the Remarketing Agent of the Proceeds of such Successful Remarketing (after deducting any Remarketing Fee in accordance with the Remarketing Agreement) in the Collateral Account, (ii) apply an amount equal to the aggregate Purchase Price for the shares of Common Stock to be issued under the related Stock Purchase Contracts in full satisfaction of such Holders’ obligations to pay the Purchase Price under the related Stock Purchase Contracts, and (iii) promptly remit the remaining portion of such Proceeds to the Stock Purchase Contract Agent for payment to the Holders of Normal Common SPACES, in accordance with their respective interests and the Stock Purchase Contract Agreement. With respect to Separate STACKS, any Proceeds of such Remarketing (after deducting any Remarketing Fee in accordance with the Remarketing Agreement) attributable to the Separate STACKS will be remitted to the Custodial Agent for payment to the holders of Separate STACKS. In the event of a Failed Remarketing with respect to the August 15, 2008 Remarketing Settlement Date, the Pledged STACKS shall remain credited to the Collateral Account and Section 5.07 shall apply.
Successful Remarketing. Section 6.02(d) of the Trust Agreement shall be amended by the addition of the following new sentence after the last sentence thereof: On the Remarketing Settlement Date following the settlement of the purchase and sale of the Preferred Securities (or, if applicable, the Senior Notes), the provisions of this Section 6.02 (other than Sections 6.02(i) and 6.02(j)) shall terminate and shall be of no further effect.
Successful Remarketing. Section 8.02(d) of the First Supplemental Indenture shall be supplemented by the following: On the Remarketing Settlement Date following the settlement of the purchase and sale of the Senior Notes, the provisions of this Section 8.02 (other than Sections 8.02(i) and 8.02(j)) shall terminate and shall be of no further effect.
