Duties of the Remarketing Agent Sample Clauses

The "Duties of the Remarketing Agent" clause defines the responsibilities and obligations of the party appointed to resell or remarket certain assets, such as securities or equipment, on behalf of the owner or issuer. Typically, this clause outlines tasks such as determining appropriate pricing, conducting sales efforts, and ensuring compliance with relevant laws and regulations. By clearly specifying the remarketing agent's role, this clause helps ensure accountability and smooth execution of the remarketing process, thereby minimizing misunderstandings and facilitating the successful resale of the assets.
Duties of the Remarketing Agent. The Remarketing Agent will undertake to perform the duties, and only those duties, as are specifically set forth in the Series Certificate Agreement and in the Remarketing Agreement.
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Duties of the Remarketing Agent. (a) During the Variable Rate Period for any Bonds, upon receipt of notification from the Tender Agent of a demand to purchase any such Bonds from a Bondholder as provided in the Indenture until the date of such purchase specified in such notice, and thereafter, the Remarketing Agent will use its best efforts to arrange for the sale of such Bonds at 100% of the principal amount thereof, plus accrued and unpaid interest to the date of such sale (a "Remarketing"). (b) The Remarketing Agent agrees to keep such books and records as shall be consistent with prudent industry practice and to make those books and records available for inspection by the Issuer, the Trustee and the Company at all reasonable times.
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Duties of the Remarketing Agent. (a) The Remarketing Agent hereby accepts and agrees to perform the duties and obligations imposed upon it as Remarketing Agent under the Indenture and hereunder and agrees to keep such books and records relating thereto as shall be consistent with prudent industry practice and to make such books and records available for inspection by the Issuer, the Trustee and the Company upon request. Each Daily Rate, Weekly Rate, Commercial Paper Rate and Long-Term Interest Rate and each Commercial Paper Period shall be determined by the Remarketing Agent as provided in the Indenture. (b) Upon receipt of written notice from the Trustee of an Event of Default under the Indenture, the Remarketing Agent shall not remarket or use any efforts to remarket any Bonds. (c) The Remarketing Agent shall hold all moneys delivered to it hereunder or under the Indenture for the purchase of Bonds as agent and bailee of, and in escrow for the exclusive benefit of, the Bondholder who shall have so delivered such monies until the Bonds purchased with such monies shall have been delivered to or for the account of such Bondholder. (d) During an Auction Rate Period, the Remarketing Agent shall approve (which approval shall not be unreasonably withheld) any additional Broker-Dealers selected by the Company.
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Duties of the Remarketing Agent. The Remarketing Agent hereby agrees: (a) to use its best efforts to arrange for the remarketing of any Bond delivered to the Trustee for purchase pursuant to Section 4.06 of the Indenture in accordance with Section 3(a) hereof, except as otherwise provided in this Remarketing Agreement; (b) to determine the Variable Rate at the times and in the manner provided in Sections 2.02(c) (ii) of the Indenture and to notify the Trustee, the Borrower and the Bank of each change in the Variable Rate at the times and in the manner provided in Section 2.02(c) of the Indenture; (c) if the Remarketing Agent is requested by the Borrower to use its best efforts to arrange for the remarketing of the Bonds on the Conversion Date pursuant to Section 4, to prepare and deliver to the Trustee, the Bank and the Borrower the schedule of the interest rate or rates constituting the Fixed Rates, at the time and in the manner provided in Section 2.02(d)(i) of the Indenture; (d) to carry out all of the other duties and obligations of the Remarketing Agent under the Indenture; and (e) to keep such books and records as shall be consistent with prudent industry practice and to make such books and records available for inspection by the Issuer, the Borrower, the Bank and the Trustee at all reasonable times.
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Related to Duties of the Remarketing Agent

  • Duties of the Master Servicer The Certificateholders, by their purchase and acceptance of the Certificates, appoint Aurora Loan Services Inc., as Master Servicer. For and on behalf of the Depositor, the Trustee and the Certificateholders, the Master Servicer shall master service the Mortgage Loans in accordance with the provisions of this Agreement and the provisions of the applicable Servicing Agreement.

  • Duties of the Trading Advisor (a) Upon the commencement of trading operations on April 1, 2008 by the Trading Advisor on behalf of the Trading Company, the Trading Advisor hereby agrees to act as a Trading Advisor for the Trading Company and, as such, shall have authority and responsibility for directing the investment and reinvestment of the Trading Company’s assets, which shall consist of the Trading Company’s Net Assets (as defined in Section 5(c) hereof) plus “notional” funds, if any, as specified in writing by the Trading Manager and consented to by the Trading Advisor (the “Assets”), on the terms and conditions and in accordance with the prohibitions and the trading policies set forth in Exhibit A to this Agreement as amended from time to time and provided in writing to the Trading Advisor by the Trading Manager (the “Trading Policies”); provided, however, that the Trading Manager may override the instructions of the Trading Advisor without notice to the Trading Advisor to the extent necessary (i) to comply with the Trading Policies and with applicable speculative position limits, (ii) to fund any distributions or redemptions, (iii) to pay the Trading Company’s expenses, (iv) to the extent the Trading Manager believes doing so is necessary for the protection of the Trading Company, (v) to terminate the futures interest trading of the Trading Company with the Trading Advisor, or (vi) to comply with any applicable law or regulation. The Trading Manager agrees not to override any such instructions for the reasons specified in clauses (ii) or (iii) of the preceding sentence unless the Trading Advisor fails to comply with a request of the Trading Manager to make the necessary amount of funds available to the Trading Company within two trading days of such request. The Trading Advisor shall not be liable for the consequences of any decision by the Trading Manager to override instructions of the Trading Advisor, except to the extent that such consequences result from a material breach of this Agreement by the Trading Advisor or the Trading Advisor fails to comply with the Trading Manager’s decision to override an instruction. (b) The Trading Advisor shall: (i) Exercise good faith and due care in trading futures interests for the account of the Trading Company in accordance with the prohibitions and Trading Policies, and the trading systems, methods, and strategies of the Trading Advisor described in the Disclosure Document, with such changes and additions to such trading systems, methods or strategies as the Trading Advisor, from time to time, incorporates into its trading approach for accounts the size of the Trading Company. (ii) Provide the Trading Manager, within 10 Business Days of receiving the Monthly Package (as defined below) from the Trading Manager, and within 30 days of a separate request which the Trading Manager may make from time to time, with information comparing the performance of the Trading Company’s account and the performance of all other client accounts (“Other Accounts”) directed by the Trading Advisor using the trading systems used by the Trading Advisor on behalf of the Trading Company over a specified period of time for the purpose of confirming that the Trading Company has been treated equitably compared to such Other Accounts. In providing such information, the Trading Advisor may take such steps as are necessary to assure the confidentiality of the Trading Advisor’s clients’ identities. The Trading Advisor shall, upon the Trading Manager’s request, consult with the Trading Manager concerning any discrepancies between the performance of such Other Accounts and the Trading Company’s account. The Trading Advisor shall promptly inform the Trading Manager in writing of any material discrepancies of which the Trading Advisor is aware. The Trading Manager acknowledges that the following differences in accounts may cause divergent trading results: different trading strategies, methods or degrees of leverage, different trading policies, accounts experiencing differing inflows or outflows of equity, different risk profiles, accounts which commence trading at different times and accounts which have different portfolios or different fiscal years, different commission rates and trading costs, different interest amounts, different account sizes leading to different levels of diversification, different fill levels, partial fills which may mean some accounts can miss trades altogether.

  • Duties of the Trustee The Trustee, before the occurrence of an Event of Default and after the curing of all Events of Default that may have occurred, shall undertake to perform such duties and only such duties as are specifically set forth in this Agreement. In case an Event of Default has occurred and remains uncured, the Trustee shall exercise such of the rights and powers vested in it by this Agreement, and use the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's own affairs. The Trustee, upon receipt of all resolutions, certificates, statements, opinions, reports, documents, orders or other instruments furnished to the Trustee that are specifically required to be furnished pursuant to any provision of this Agreement shall examine them to determine whether they are in the form required by this Agreement. The Trustee shall not be responsible for the accuracy or content of any such resolution, certificate, statement, opinion, report, document, order, or other instrument. No provision of this Agreement shall be construed to relieve the Trustee from liability for its own negligent action, its own negligent failure to act or its own willful misconduct; provided, however, that, unless an Event of Default known to the Trustee has occurred and is continuing, (a) the duties and obligations of the Trustee shall be determined solely by the express provisions of this Agreement, the Trustee shall not be liable except for the performance of the duties and obligations specifically set forth in this Agreement, no implied covenants or obligations shall be read into this Agreement against the Trustee, and the Trustee may conclusively rely, as to the truth of the statements and the correctness of the opinions expressed therein, upon any certificates or opinions furnished to the Trustee and conforming to the requirements of this Agreement which it believed in good faith to be genuine and to have been duly executed by the proper authorities respecting any matters arising hereunder; (b) the Trustee shall not be liable for an error of judgment made in good faith by a Responsible Officer or Responsible Officers of the Trustee, unless it is finally proven that the Trustee was negligent in ascertaining the pertinent facts; and (c) the Trustee shall not be liable with respect to any action taken, suffered, or omitted to be taken by it in good faith in accordance with the direction of Holders of Certificates evidencing not less than 25% of the Voting Rights of Certificates relating to the time, method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred upon the Trustee under this Agreement.

  • Duties of the Transfer Agent The Transfer Agent shall be responsible, separately and through its subsidiaries or affiliates, for the following functions:

  • Duties of the Fund 5.1 Subject to the possible suspension of the sale of Shares as provided herein, the Fund agrees to sell its Shares so long as it has Shares of the respective class and/or series available. 5.2 The Fund shall furnish the Distributor copies of all information, financial statements and other papers which the Distributor may reasonably request for use in connection with the distribution of Shares, and this shall include one certified copy, upon request by the Distributor, of all financial statements prepared for the Fund by independent public accountants. The Fund shall make available to the Distributor such number of copies of its Prospectus and annual and interim reports as the Distributor shall reasonably request. 5.3 The Fund shall take, from time to time, but subject to the necessary approval of the Board and the shareholders, all necessary action to register the same under the Securities Act, to the end that there will be available for sale such number of Shares as the Distributor reasonably may expect to sell. The Fund agrees to file from time to time such amendments, reports and other documents as may be necessary in order that there will be no untrue statement of a material fact in the Registration Statement, or necessary in order that there will be no omission to state a material fact in the Registration Statement which omission would make the statements therein misleading. 5.4 The Fund shall use its best efforts to notify such states as the Distributor and the Fund may approve of its intention to sell any appropriate number of its Shares; provided that the Fund shall not be required to amend its Declaration of Trust or By-Laws to comply with the laws of any state, to maintain an office in any state, to change the terms of the offering of its Shares in any state from the terms set forth in its Registration Statement, to qualify as a foreign corporation in any state or to consent to service of process in any state other than with respect to claims arising out of the offering of its Shares. Any such notification may be withheld, terminated or withdrawn by the Fund at any time in its discretion. As provided in Section 9 hereof, the expense of notification and maintenance of notification shall be borne by the Fund. The Distributor shall furnish such information and other material relating to its affairs and activities as may be required by the Fund in connection with such notifications.