Examples of Remarketed Debentures in a sentence
The Remarketing Agent or any person controlling the Remarketing Agent shall not be obligated to contribute any amount or amounts hereunder which in the aggregate exceeds the total price of the Remarketed Debentures sold by or through the Remarketing Agent under this Agreement, less the aggregate amount of any damages which the Remarketing Agent and its controlling persons have otherwise been required to pay in respect of the same claim or any substantially similar claim.
The Remarketing Agent may, but shall not be obligated to, purchase Remarketed Debentures for its own account.
In the event of a Successful Remarketing of the Remarketed Debentures, the Company shall pay the Remarketing Agent a remarketing fee to be agreed upon in writing by the Company and the Remarketing Agent prior to any such Remarketing (the “Remarketing Fee”).
The Remarketing Agent, acting under this Agreement, shall incur no liability to the Company or to any holder of Remarketed Debentures in its individual capacity or as Remarketing Agent for any action or failure to act, on its part in connection with a Remarketing or otherwise, except if such liability is judicially determined to have resulted from the bad faith, negligence or willful misconduct on its part.
The respective agreements, representations, warranties, indemnities and other statements of the Company or its officers and the Remarketing Agent set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of the Remarketing Agent, the Company or any of the indemnified persons referred to in Section 7 hereof, and will survive delivery of the Remarketed Debentures.
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In the event of a Successful Remarketing of the Remarketed Debentures, the Company shall pay the Remarketing Agent a remarketing fee to be agreed upon in writing by the Company and the Remarketing Agent prior to any such Remarketing (the “ Remarketing Fee ”).
If there is no Successful Optional Remarketing during the Optional Remarketing Period or no Optional Remarketing occurs on any Optional Remarketing Date, if any, and unless a Termination Event has occurred prior to such date, on each Remarketing Date in the Final Remarketing Period, the Remarketing Agent shall use its commercially reasonable efforts to remarket the Remarketed Debentures at the applicable Remarketing Price.
It is understood and agreed that the Remarketing Agent shall not have any obligation whatsoever to purchase any Remarketed Debentures, whether in the Remarketing or otherwise, and shall in no way be obligated to provide funds to make payment upon surrender of Remarketed Debentures for Remarketing or to otherwise expend or risk its own funds or incur or to be exposed to financial liability in the performance of its duties under this Agreement.
The Remarketing Agent, when acting as the Remarketing Agent or in its individual or any other capacity, may, to the extent permitted by law, buy, sell, hold and deal in any of the Remarketed Debentures, Corporate Units, Treasury Units or any of the securities of the Company (collectively, the “ Securities ”), but shall not be obligated to purchase any of the Remarketed Debentures for its own account.