Common use of Failed Remarketing Clause in Contracts

Failed Remarketing. (a) If, by 4:00 p.m. (New York City time) on any Remarketing Date, the Remarketing Agent is unable to remarket all of the Remarketed Senior Notes at the Remarketing Price or the Final Remarketing Price, as the case may be, pursuant to the terms and conditions hereof and the Remarketing Agreement or any such Remarketing is not settled in accordance with the terms of the Remarketing Agreement for any reason, a Failed Remarketing shall be deemed to have occurred, and the Remarketing Agent shall advise, by telephone the Depositary, the Purchase Contract Agent and the Company, and return the Remarketed Senior Notes to the Collateral Agent or the Custodial Agent, as the case may be. (b) The Company shall cause a notice of such Failed Remarketing to be published in a daily newspaper in the English language of general circulation in The City of New York, which is expected to be The Wall Street Journal.

Failed Remarketing. (a) If, by 4:00 p.m. (New York City time) on any Remarketing Date, the Remarketing Agent is unable to remarket all of the Remarketed Senior Notes at the Remarketing Price or the Final Remarketing Price, as the case may be, pursuant to the terms and conditions hereof and the Remarketing Agreement or any such Remarketing remarketing is not settled in accordance with the terms of the Remarketing Agreement for any reason, a Failed Remarketing shall be deemed to have occurred, and the Remarketing Agent shall advise, by telephone the Depositary, the Purchase Contract Agent and the Company, and return the Remarketed Senior Notes to the Collateral Agent or the Custodial Agent, as the case may be. (b) The Company shall cause a notice of such Failed Remarketing to be published in a daily newspaper in the English language of general circulation in The City of New York, which is expected to be The Wall Street Journal.

Failed Remarketing. (a) If, by 4:00 p.m. (New York City time) on any Remarketing Date, the Remarketing Agent is unable to remarket all of the Remarketed Senior Notes at the Remarketing Price or the Final Remarketing Price, as the case may be, pursuant to the terms and conditions hereof and the Remarketing Agreement or any such Remarketing is not settled in accordance with the terms of the Remarketing Agreement for any reasonhereof, a Failed Remarketing shall be deemed to have occurred, and the Remarketing Agent shall so advise, by telephone the Depositary, the Purchase Contract Agent and the Company. Promptly following any Failed Remarketing, and the Remarketing Agent shall return the Remarketed Separate Senior Notes submitted for remarketing, if any, to the Collateral Custodial Agent or for distribution to the Custodial Agent, as appropriate Holders pursuant to the case may beterms of the Purchase Contract and Pledge Agreement. (b) The Company shall cause a notice of such Failed Remarketing to be published in a daily newspaper in the English language of general circulation in The the City of New York, which is expected to be The Wall Street Journal.