Common use of Refunding Bonds Clause in Contracts

Refunding Bonds. In the event that an offer shall be made by an obligor of any of the Bonds to issue new obligations in exchange and substitution for any issue of Bonds pursuant to a plan for the refunding or refinancing of such Bonds, the Depositor shall instruct the Trustee in writing to reject such offer and either to hold or sell such Bonds in accordance with Section 3.7, except that if (1) the issuer is in default with respect to such Bonds or (2) in the opinion of the Depositor, given in writing to the Trustee, the issuer will probably default with respect to such Bonds in the reasonably foreseeable future, the Depositor shall instruct the Trustee in writing to accept or reject such offer or take any other action with respect thereto as the Depositor may deem proper; provided, however, that the Trustee may accept such an offer only if such substitute or refunding bonds shall be eligible for coverage of, and upon deposit into the Trust shall be subject to the terms and conditions of this Indenture to the same extent as the Bonds originally deposited hereunder. Within five days after such deposit, notice of such exchange and deposit shall be given by the Trustee to each Certificateholder, including an identification of the Bonds eliminated and the Bonds substituted thereof. Except as set forth in this Section 3.8, the acquisition by the Trust Fund of any securities other than the Bonds is prohibited.

Appears in 1 contract

Samples: Special Situations (Glickenhaus Special Situations Trust Series 1)

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Refunding Bonds. In the event that an offer shall be made by an obligor of any of the Bonds to issue new obligations in exchange and substitution for any issue of Bonds pursuant to a plan for the refunding or refinancing of such Bonds, the Depositor Depositors shall instruct the Trustee in writing to reject such offer and either to hold or sell such Bonds in accordance with Section 3.7, except that if (1) the issuer is in default with respect to such Bonds or (2) in the opinion of the DepositorDepositors, given in writing to the Trustee, the issuer will probably default with respect to such Bonds in the reasonably foreseeable future, the Depositor Depositors shall instruct the Trustee in writing to accept or reject such offer or take any other action with respect thereto as the Depositor Depositors may deem proper; provided, however, that the Trustee may accept such an offer only if such substitute or refunding bonds shall be eligible for coverage of, and upon deposit into the Trust shall be subject to the terms and conditions of this Indenture to the same extent as the Bonds originally deposited hereunder. Within five days after such deposit, notice of such exchange and deposit shall be given by the Trustee to each Certificateholder, including an identification of the Bonds eliminated and the Bonds substituted thereof. Except as set forth in this Section 3.8, the -25- 433559.1 acquisition by the Trust Fund of any securities other than the Bonds is prohibited.

Appears in 1 contract

Samples: Trust Indenture and Agreement (Empire State Municipal Exempt Trust Guaranteed Series 134)

Refunding Bonds. In the event that an offer shall be made by an obligor of any of the Bonds to issue new obligations in exchange and substitution for any issue of Bonds pursuant to a plan for the refunding or refinancing of such Bonds, the Depositor shall instruct the Trustee in writing to reject such offer and either to hold or sell such Bonds in accordance with Section 3.7Bonds, except that if (1a) the issuer is in default with respect to such Bonds or (2b) in the opinion of the Depositor, given in writing to the Trustee, the issuer will probably default with respect to such Bonds in the reasonably foreseeable future, the Depositor shall instruct the Trustee in writing to accept or reject such offer or take any other action with respect thereto as the Depositor may deem proper; provided, however, that the Trustee may accept such an offer only if such substitute or refunding bonds . Any obligation so received in exchange shall be eligible for coverage of, deposited in trust hereunder and upon deposit into the Trust shall be subject to the terms and conditions of this Indenture to the same extent as the Bonds originally deposited in trust hereunder. Within five days after such deposit, notice of such exchange and deposit shall be given by the Trustee to each Certificateholder, including an identification of the Bonds Bond eliminated and the Bonds substituted thereoftherefor. Except as set forth in this Section 3.83.08 and in Section 3.14, the acquisition by the Trust Fund of any securities other than the Bonds is prohibited.

Appears in 1 contract

Samples: Trust Indenture and Agreement (Voyageur Unit Investment Trust Series 1)

Refunding Bonds. In the event that an offer shall be made by an obligor of any of the Bonds to issue new obligations in exchange and substitution for any issue of Bonds pursuant to a plan for the refunding or refinancing of such Bonds, the Depositor shall instruct the Trustee in writing to reject such offer and either to hold or sell such Bonds in accordance with Section 3.73.8, except that if (1) the issuer is in default with respect to such Bonds or (2) in the opinion of the Depositor, given in writing to the Trustee, the issuer will probably default with respect to such Bonds in the reasonably foreseeable future, the Depositor shall instruct the Trustee in writing to accept or reject such offer or take any other action with respect thereto as the Depositor may deem proper; provided, however, that the Trustee may accept such an offer only if such substitute or refunding bonds shall be eligible for coverage of, and upon deposit into the Trust shall be subject to the terms and conditions of this Indenture to the same extent as the Bonds originally deposited hereunder. Within five days after such deposit, notice of such exchange and deposit shall be given by the Trustee to each Certificateholder, including an identification of the Bonds eliminated and the Bonds substituted thereof. Except as set forth in this Section 3.83.9, the acquisition by the Trust Fund of any securities other than the Bonds is prohibited.

Appears in 1 contract

Samples: Trust Indenture and Agreement (Empire State Municipal Exempt Trust Guaranteed Series 182)

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Refunding Bonds. In the event that an offer shall be made by an obligor of any of the Bonds in the Trust to issue new obligations in exchange and substitution for any issue of Bonds pursuant to a plan for the refunding or refinancing of such Bonds, the Depositor of the Trust shall instruct the Trustee in writing to reject such offer and either to hold or sell such Bonds in accordance with Section 3.7Bonds, except that if (1) the issuer is in default with respect to such Bonds or (2) in the opinion of the Depositor, given in writing to the Trustee, the issuer will probably default with respect to such Bonds in the reasonably foreseeable future, and in either case, Insurance is not available to protect the Trust if the Trust is an insured Trust, the Depositor shall instruct the Trustee in writing to accept or reject such offer or take any other action with respect thereto as the Depositor may deem proper; provided, however, that if the Trust is an insured Trust, the Trustee may shall accept such an offer only if such substitute or refunding bonds new obligations that are insured. Any obligation so received in exchange shall be eligible for coverage of, deposited hereunder and upon deposit into the Trust shall be subject to the terms and conditions of this Indenture to the same extent as the Bonds originally deposited hereunder. Within five days after such deposit, notice of such exchange and deposit shall be given by the Trustee to each CertificateholderUnit Holder, including an identification of the Bonds eliminated and the Bonds substituted thereof. Except as set forth in this Section 3.8, the acquisition by the Trust Fund of any securities other than the Bonds is prohibitedtherefor.

Appears in 1 contract

Samples: Trust Indenture and Agreement (National Municipal Trust Series 164)

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