The Remarketing Agent. (a) The Remarketing Agent shall not, in fulfilling its obligations hereunder, be required to act as an underwriter for the Bonds and is in no way obligated, directly or indirectly, to advance its own funds to purchase Bonds tendered or deemed tendered for purchase in accordance with the Trust Agreement. The Remarketing Agent shall be acting as the Remarketing Agent pursuant to the Trust Agreement in the resale of the Bonds, and the Remarketing Agent’s responsibility is limited to the use of its best efforts to solicit offers to purchase the Bonds.
The Remarketing Agent. On or prior to the Business Day immediately preceding the effective date of a change to a Short-Term Mode, the Borrower shall appoint a Remarketing Agent who shall enter into a Remarketing Agreement at such time. The Remarketing Agent shall be a member of the National Association of Securities Dealers, Inc. having capitalization of at least $25,000,000, and be authorized by law to perform all the duties imposed upon it by this Agreement and the Remarketing Agreement. The Remarketing Agreement shall terminate on the Conversion Date to the Fixed Rate for all of the Bonds. The Remarketing Agent may at any time resign and be discharged of the duties and obligations created by this Agreement by giving at least 30 days' notice to the Issuer, the Borrower, the Trustee, the Paying Agent, and the Tender Agent. The Remarketing Agent may be removed at any time by the Borrower by an instrument signed by the Borrower and filed with the Remarketing Agent, the Tender Agent, and the Paying Agent upon at least 30 days' notice; provided that, prior to the Conversion Date to the Fixed Rate for all of the Bonds, an agreement in substantially the form of the Remarketing Agreement shall be entered into with a successor Remarketing Agent. In the event that, prior to the Conversion Date to the Fixed Rate for all of the Bonds, the Remarketing Agent shall resign or be removed or dissolved, or if the property or affairs of the Remarketing Agent shall be taken under the control of any state or federal court or administrative body because of bankruptcy or insolvency, or for any other reason, the Borrower shall use its best efforts to appoint a successor as Remarketing Agent.
The Remarketing Agent. (a) The Issuer hereby appoints First Union National Bank, with its corporate office in Charlotte, North Carolina, as Remarketing Agent under this Indenture. The Remarketing Agent and any successor Remarketing Agent, by written instrument delivered to the Issuer, the Trustee and the Company, shall accept the duties and obligations imposed on it under this Indenture and the Remarketing Agreement.
The Remarketing Agent. (a) The Issuer hereby appoints First Union Capital Markets Corp., with its corporate office in Charlotte, North Carolina, as Remarketing Agent under this Indenture. The Remarketing Agent and any successor Remarketing Agent, by written instrument delivered to the Issuer and the Trustee, shall accept the duties and obligations imposed on it under this Indenture and the Remarketing Agreement.
The Remarketing Agent. (a) The Issuer hereby appoints McDonald Investments Inc. as Remarketing Agent under this Indenture. The Issuer may appoint a different Remarketing Agent. Each Remarketing Agent, by written instrument delivered to the Trustee and the Issuer, shall accept the duties and obligations imposed on it under this Indenture and shall become a party to the Remarketing Agreement.
The Remarketing Agent. (A) will, by giving written notice (an "Automatic Suspension Notice") to the Issuer, the Borrower, the Trustee and the Bank, suspend its remarketing efforts immediately upon receipt of notice from the Trustee of the occurrence of an Event of Default under the Loan Agreement, which suspension may continue only so long as the event continues to exist if, in the Remarketing Agent's reasonable judgment, the continuance of the event has a material adverse effect on its ability to remarket the Bonds; and
The Remarketing Agent. (a) The Issuer hereby appoints Banc of America Securities LLC as Remarketing Agent under this Indenture. The Issuer, at the direction of the Company, may appoint additional Remarketing Agents. If, at any time, there is more than one Remarketing Agent (which term, as used hereinafter in this Section 13.01, means any one entity serving in the capacity of Remarketing Agent) hereunder, each such Remarketing Agent shall perform such of the duties of the Remarketing Agent hereunder as are set forth in the Remarketing Agreement and such Remarketing Agent shall deliver to the Trustee and the Tender Agent a written instrument specifying, in the event of conflicting directions given by those Remarketing Agents to the Trustee or Tender Agent, which set of directions shall be controlling for all purposes hereunder. Each Remarketing Agent, by written instrument delivered to the Issuer, the Trustee, the Credit Facility Issuer and the Company (which written instrument may be the Remarketing Agreement), shall accept the duties and obligations imposed on it under this Indenture, subject to the terms and provisions of the Remarketing Agreement, and shall become a party to the Remarketing Agreement.
The Remarketing Agent. (a) The Issuer hereby appoints KeyBank National Association as Remarketing Agent under this Indenture. The Company on behalf of the Issuer may appoint a different Remarketing Agent. Each Remarketing Agent, by written instrument delivered to the Trustee and the Issuer, shall accept the duties and obligations imposed on it under this Indenture and shall become a party to the Remarketing Agreement.
The Remarketing Agent. (a) At least 15 days prior to a Conversion Date for the Bonds, the Company shall appoint a Remarketing Agent or Co-Remarketing Agents that satisfy the requirements of this Section 13.1. The Remarketing Agent, by written instrument delivered to the Issuer, the Trustee, the Bank and the Company, shall accept the duties and obligations imposed on it under this Indenture and shall become a party to the Remarketing Agreement.
The Remarketing Agent and the Tender Agent --------------------
