Common use of Successful Remarketing Clause in Contracts

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 the Collateral Agent receives Proceeds of the Pledged Senior 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 Normal 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 Collateral Agent shall Transfer the Treasury Portfolio to the Collateral Account and the Pledged Applicable Ownership Interests in the Treasury Portfolio (as specified in clause (i) of the definition of such term) will secure the obligation of all Holders of Corporate Normal Units to purchase Common Stock of the Company under the Purchase Contracts constituting a part of such Corporate Normal Units, in substitution for the Pledged Applicable Ownership Interests in Senior Notes and the related Pledged Senior Notes, which shall be released from the Collateral Account.

Successful Remarketing. In the event the Collateral Agent receives Proceeds of the Pledged Notes from any a Successful Remarketing prior to the Final Remarketing Date (after deducting any Remarketing Fee to the extent permitted under the terms of the Remarketing Agreement)Remarketing, the Collateral Agent willshall on the Purchase Contract Settlement Date, at the written direction of the Company, apply an amount equal instruct the Securities Intermediary to (i) Transfer the Pledged Senior Notes to the Treasury Portfolio Purchase Price to purchase from Remarketing Agent upon confirmation of deposit by the Quotation Remarketing Agent of the Treasury Portfolio Proceeds of such Successful Remarketing in the Collateral Account and promptly (ii) remit the remaining a portion of such Proceeds equal to the aggregate principal amount of the Pledged Senior Notes to satisfy in full the Obligations of Holders of Corporate Units to pay the Purchase Price for the shares of Common Stock or Preferred Stock, as applicable, under the related Purchase Contracts, less the amount of any accrued and unpaid Contract Adjustment Payments payable to such Holders, and to remit the balance of such Proceeds, if any, to the Purchase Contract Agent for payment distribution to the Holders of Corporate Units, in accordance with their respective interestsHolders. With respect to Separate Senior Notes, any Proceeds of such Successful 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 Collateral Agent In the event of a Failed Final Remarketing, the Pledged Senior Notes shall Transfer the Treasury Portfolio be redeposited into and remain credited 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 Section 5.07 shall be released from the Collateral Accountapply.

Successful Remarketing. In the event the Collateral Agent receives Proceeds of the Pledged Senior 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 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 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 Senior Notes, which shall be released from the Collateral Account.