Tender Agent the Tender Agent shall be sufficient for every purpose hereunder if in writing and mailed, first-class postage prepaid, to the Tender Agent addressed to it at the address and to the attention specified in Clause A of this Section or at any other address previously furnished in writing to the Trustee by the Tender Agent, or
Tender Agent. (a) At the written request of the Trustee, the Users shall appoint an agent to act on behalf of the Trustee in the acceptance of delivery of Bonds tendered for purchase pursuant to the Optional Tender or Mandatory Tender provisions of this Indenture and in the authentication and delivery of Bonds pursuant to the transfer and exchange provisions of this Indenture. The Trustee shall initially be the Tender Agent. For all purpose of this Indenture, (i) Bonds to be purchased pursuant to the Optional Tender or Mandatory Tender provisions of this Indenture may be delivered to the Tender Agent, as well as the Trustee, and (ii) the authentication and delivery of Bonds by a duly authorized officer of the Tender Agent pursuant to the transfer and exchange provisions of this Indenture shall be deemed to be the authentication and delivery of Bonds "by the Trustee".
Tender Agent. There shall be no Tender Agent during any ------------ ------------ period that the Bonds are held in a Book Entry System. During any period that the Bonds are not held in a Book Entry System, the Borrower shall, with the consent of the Letter of Credit Issuer and the Remarketing Agent, appoint a Tender Agent for the Bonds. The Tender Agent shall accept its duties hereunder by written certificate or tender agent agreement delivered to the Trustee, which certificate or agreement shall designate the principal office of the Tender Agent. The Tender Agent may at any time resign by giving thirty (30) days' notice to the Issuer, the Trustee, the Borrower, the Letter of Credit Issuer and the Remarketing Agent. The Tender Agent may be removed at any time by an instrument in writing delivered to the Trustee, the Remarketing Agent and the Tender Agent by the Borrower, with the prior written approval of the Letter of Credit Issuer. In no event, however, shall any removal of the Tender Agent take effect until a successor Tender Agent shall have been appointed. In the case the Tender Agent shall resign or be removed or otherwise become incapable of acting, a successor may be appointed by the Borrower with the prior written approval of the Issuer, the Remarketing Agent and the Letter of Credit Issuer. Any such successor shall be acceptable to the Trustee, the Remarketing Agent and the Letter of Credit Issuer. Written notice of such appointment shall immediately be given by the Borrower to the Trustee and the Issuer and the Trustee shall cause written notice of such appointment to be given to the Bondholders. If no successor to a Tender Agent has accepted appointment in the manner provided above within 30 days after the Tender Agent has given notice of its resignation as provided above, the Trustee shall serve as Tender Agent or shall appoint an agent located in New York, New York to act in its stead. Any successor Tender Agent must be an institution rated at least "Baa3/P-3" by Xxxxx'x Investors Service (or Xxxxx'x Investors Service shall have provided written evidence that such successor Tender Agent is otherwise acceptable to Xxxxx'x Investors Service) if the bonds are then rated by Xxxxx'x Investors Service, and at least "BBB-" or "A-3" by S&P (or S&P shall have provided written evidence that such successor Tender Agent is otherwise acceptable to S&P) if the Bonds are then rated by S&P, and authorized by law to perform all the duties imposed upon it as Tender Agent b...
Tender Agent. (a) The Tender Agent agrees to:
Tender Agent. The Issuer shall with the approval of the Borrower, appoint the Tender Agent for the Bonds, subject to the condition of Section 10.15 hereof. The Tender Agent shall designate its principal office to the Paying Agent, the Trustee, the Remarketing Agent and the Bank and signify its acceptance of the duties and obligations imposed upon it hereunder by a written instrument of acceptance delivered to the Issuer, the Bank, the Remarketing Agent, the Borrower and the Trustee under which the Tender Agent will agree, particularly:
Tender Agent. 101 ------------
Tender Agent. The Authority shall, with the approval of the Company and the Bank, appoint the Tender Agent for the Bonds, subject to the conditions set forth in Section 15.07. The Tender Agent shall designate its Corporate Trust Office and signify its acceptance of the duties and obligations imposed upon it hereunder by a written instrument of acceptance delivered to the Authority, the Trustee, the Remarketing Agents, the Indexing Agent, the Bank and the Company under which the Tender Agent will agree, particularly to perform its obligations under Article II and to request the Trustee to draw on the Letter of Credit as provided in Section 6.07.1. Notwithstanding anything to the contrary in the Indenture, the Tender Agent shall not invest any moneys it receives from such a draw on the Letter of Credit. The Tender Agent may designate from time to time a different Corporate Trust Office within The City of New York, New York, by a written instrument delivered to the Authority, the Trustee, the Remarketing Agents, the Indexing Agent, the Bank and the Company. The Tender Agent undertakes to perform such duties, and only such duties, as are specifically set forth in the Indenture and in any written instrument of acceptance of duties hereunder and no implied covenants shall be read into the Indenture against the Tender Agent. Insofar as such provisions may be applicable, the Tender Agent shall enjoy the same protective provisions in the performance of its duties hereunder as are specified in Sections 11.03, 11.05, 11.06, 11.07 and 11.14 with respect to the Trustee.
Tender Agent. 70 ARTICLE XIII Defeasance ----------
Tender Agent. The Trustee, with the written consent of the Credit Facility Provider, shall appoint the Tender Agent for the Bonds, subject to the conditions set forth in Section 10.08 hereof. The Trustee shall initially serve as the Tender Agent. The Tender Agent shall designate to the Trustee at the Principal Office of the Tender Agent and signify its acceptance of the duties and obligations imposed upon it hereunder by a written instrument of acceptance delivered to the Issuer, the Trustee and the Remarketing Agent under which the Tender Agent acknowledges its qualifications and authority to act as Tender Agent under this Indenture and agrees, particularly, as follows:
Tender Agent. (a) During any period the Bonds shall not be in a BookEntry System, the Company shall appoint a Tender Agent for the Bonds, who shall be satisfactory to the Trustee and the Remarketing Agent and who, upon acceptance of its duties, will perform the obligations of the Tender Agent set forth in this Indenture. Any Tender Agent must be an institution rated at least "Baa3" by Moodx'x Xxxestors Service (or Moodx'x Xxxestors Service shall have provided written evidence that such successor Tender Agent is otherwise acceptable to Moodx'x Xxxestors Service) if the Bonds are then rated by Moodx'x Xxxestors Service, and at least "BBB" or "A-3" by S&P (or S&P shall have provided written evidence that such successor Tender Agent is otherwise acceptable to S&P) if the Bonds are then rated by S&P, and authorized by law to perform all the duties imposed upon it as Tender Agent by this
