Common use of Mandatory Tender Clause in Contracts

Mandatory Tender. (1) Subject to 3.6(c), if the Callholder shall have purchased the Securities pursuant to the Call Option Agreement and the Issuer shall have elected the Floating Rate Option, the Securities shall be automatically tendered, or deemed tendered, by the Holders thereof to the Remarketing Agent for purchase on the Floating Rate Period Termination Date. On the Reset Date corresponding to the Floating Rate Period Termination Date, the interest rate on the Securities shall be reset to equal the Interest Rate to Maturity in accordance with, and the Securities shall be remarketed pursuant to, the Remarketing Agreement. (2) The purchase price for the Securities tendered pursuant to paragraph (a) of this Section 3.5 shall equal 100% of the Floating Rate Purchase Price plus accrued and unpaid interest, if any, thereon to but excluding the Floating Rate Period Termination Date. If for any reason the Remarketing Agent does not purchase all of the Securities on the Floating Rate Period Termination Date, the Issuer shall redeem the Securities on the Floating Rate Period Termination Date at a redemption price equal to 100% of the Floating Rate Purchase Price plus accrued and unpaid interest, if any, thereon to but excluding the Floating Rate Period Termination Date. If the Remarketing Agent elects to purchase the Securities, such obligation of the Remarketing Agent is subject to the conditions set forth in the Remarketing Agreement.

Appears in 1 contract

Sources: Indenture (NRG Energy Inc)

Mandatory Tender. (1a) Subject to 3.6(c), if If the Callholder shall have purchased the Securities Senior Notes pursuant to the Call Option Agreement and the Issuer Company shall have elected the Floating Rate Option, the Securities Senior Notes shall be automatically tendered, or deemed tendered, by the Holders thereof to the Remarketing Agent for purchase on the Floating Rate Period Termination Date. On the Reset Date corresponding to the Floating Rate Period Termination Date, the interest rate on the Securities Senior Notes shall be reset to equal the Interest Rate to Maturity in accordance with, and the Securities Senior Notes shall be remarketed pursuant to, the Remarketing Agreement. (2b) The purchase price for the Securities Senior Notes tendered pursuant to paragraph (a) of this Section 3.5 211 shall equal 100% of the Floating Rate Purchase Price plus accrued and unpaid interest, if any, thereon to but excluding the Floating Rate Period Termination Date. If for any reason the Remarketing Agent does not purchase all of the Securities Senior Notes on the Floating Rate Period Termination Date, the Issuer Company shall redeem the Securities Senior Notes on the Floating Rate Period Termination Date at a redemption price equal to 100% of the Floating Rate Purchase Price plus accrued and unpaid interest, if any, thereon to but excluding the Floating Rate Period Termination Date. If the Remarketing Agent elects to purchase the SecuritiesSenior Notes, such obligation of the Remarketing Agent is subject to the conditions set forth in the Remarketing Agreement.

Appears in 1 contract

Sources: First Supplemental Indenture (Midamerican Energy Holdings Co /New/)

Mandatory Tender. Provided that the Remarketing Dealer gives notice to the Company and the Trustee on a Business Day not earlier than ten nor later than five Business Days prior to the Initial Investor Maturity Date of its election to purchase the TERMS for remarketing (1) Subject to 3.6(cthe "Notification Date"), if the Callholder shall have purchased the Securities pursuant to the Call Option Agreement and the Issuer shall have elected the Floating Rate Option, the Securities shall each TERMS will be automatically tendered, or deemed tendered, by the Holders thereof to the Remarketing Agent Dealer for purchase on each of (i) the Floating Rate Initial Investor Maturity Date and (ii) if the Initial Investor Maturity Date is designated as a Window Period Termination Date. On the Reset Remarketing Date corresponding to the Floating Rate Period Termination Dateas described in Section 302, the interest rate on Additional Remarketing Date thereafter, except in the Securities shall be reset to equal the Interest Rate to Maturity circumstances described in accordance with, Sections 401 and the Securities shall be remarketed pursuant to, the Remarketing Agreement. (2) 501. The purchase price for the Securities tendered pursuant TERMS to paragraph (a) of this Section 3.5 shall be paid by the Remarketing Dealer on the Remarketing Date will equal 100% of the Floating Rate Purchase Price plus principal amount thereof and will be payable as provided in Section 304. On the Remarketing Date, the Company shall pay accrued and unpaid interestinterest on the TERMS to, if anybut excluding, thereon to but excluding the Floating Rate Period Termination Remarketing Date. If When the TERMS are tendered for any reason remarketing on the Remarketing Agent does not purchase all of the Securities on the Floating Rate Period Termination Date, the Issuer shall redeem Remarketing Dealer may remarket the Securities on TERMS for its own account at varying prices to be determined by the Floating Rate Period Termination Date Remarketing Dealer at a redemption price equal to 100% the time of the Floating Rate Purchase Price plus accrued and unpaid interest, if any, thereon to but excluding the Floating Rate Period Termination Dateremarketing. If the Remarketing Agent Dealer elects to purchase the SecuritiesTERMS, such the obligation of the Remarketing Agent Dealer to purchase the TERMS on the Remarketing Date is subject to to, among other things, the conditions set forth in that no "Termination Event" under the Remarketing AgreementAgreement shall have occurred and be continuing.

Appears in 1 contract

Sources: Supplemental Indenture (Noram Energy Corp/)