Optional Remarketing. Pursuant to the Indenture and the Remarketing Agreement, holders of Separated Senior Notes may elect to have such Separated Senior Note remarketed if such holder, on or prior to the second Business Day, but no earlier than the fifth Business Day, preceding the first of the three sequential remarketing dates of any Three-Day Remarketing Period, delivers (a) to the Trustee and the Collateral Agent a notice of that election, substantially in the form of Exhibit B of the Indenture Officers' Certificate and Exhibit F of the Pledge Agreement, respectively, specifying the aggregate principal amount of Senior Notes to be remarketed, and (b) such Separated Senior Notes, by book-entry transfer or other appropriate procedures, to the Collateral Agent for Remarketing, in each case, pursuant to the Indenture. Once the holder of such Separated Senior Notes delivers such notice and Separated Senior Notes as specified in the preceding sentence, such election may not be withdrawn and may not be conditioned upon the level at which the Reset Rate is established in the Remarketing; provided, however, that if such a holder delivers only such a notice but not the Separated Senior Notes subject to the notice, then none of such holder's Separated Senior Notes shall be included in the Remarketing.
Appears in 2 contracts
Sources: Purchase Contract Agreement (Sierra Pacific Resources /Nv/), Purchase Contract Agreement (Sierra Pacific Resources /Nv/)
Optional Remarketing. Pursuant to the Indenture and the Remarketing Agreement, holders of Separated Senior Notes may elect to have such Separated Senior Note remarketed if such holder, on or prior to 5:00 p.m. (New York City time) on the second Business Day, but no earlier than the fifth Business Day, preceding the first of the three sequential remarketing dates of any Three-Day Remarketing PeriodElection Date, delivers (a) to the Trustee and the Collateral Agent a notice of that election, substantially in the form of Exhibit B of the Indenture Officers' Certificate and Exhibit F of the Pledge Agreement, respectively, specifying the aggregate principal amount of Senior Notes to be remarketed, and (b) such Separated Senior Notes, by book-entry transfer or other appropriate procedures, to the Collateral Agent for Remarketing, in each case, pursuant to the Indenture. Once the holder of such Separated Senior Notes delivers such notice and Separated Senior Notes as specified in the preceding sentence, such election may not be withdrawn and may not be conditioned upon the level at which the Reset Rate is established in the Remarketing; providedPROVIDED, howeverHOWEVER, that if such a holder delivers only such a notice but not the Separated Senior Notes subject to the notice, then none of such holder's Separated Senior Notes shall be included in the Remarketing.
Appears in 1 contract
Sources: Purchase Contract Agreement (Sierra Pacific Resources)
Optional Remarketing. Pursuant to the Indenture and the Remarketing Agreement, holders of Separated Senior Notes may elect to have such Separated Senior Note remarketed if such holder, on or prior to 5:00 p.m. (New York City time) on the second Business Day, but no earlier than the fifth Business Day, preceding the first of the three sequential remarketing dates of any Three-Day Remarketing PeriodElection Date, delivers (a) to the Trustee and the Collateral Agent a notice of that election, substantially in the form of Exhibit B of the Indenture 56 Officers' Certificate and Exhibit F of the Pledge Agreement, respectively, specifying the aggregate principal amount of Senior Notes to be remarketed, and (b) such Separated Senior Notes, by book-entry transfer or other appropriate procedures, to the Collateral Agent for Remarketing, in each case, pursuant to the Indenture. Once the holder of such Separated Senior Notes delivers such notice and Separated Senior Notes as specified in the preceding sentence, such election may not be withdrawn and may not be conditioned upon the level at which the Reset Rate is established in the Remarketing; providedPROVIDED, howeverHOWEVER, that if such a holder delivers only such a notice but not the Separated Senior Notes subject to the notice, then none of such holder's Separated Senior Notes shall be included in the Remarketing.
Appears in 1 contract
Sources: Purchase Contract Agreement (Sierra Pacific Resources Capital Trust Ii)
Optional Remarketing. Pursuant to the Indenture and the Remarketing Agreement, on or prior to 5:00 p.m. (New York City time) on the Election Date, registered holders of Separated Senior Notes may elect to have such their Separated Senior Note Notes remarketed if such holderby Transferring their Separated Senior Notes, on or prior to the second Business Day, but no earlier than the fifth Business Day, preceding the first of the three sequential remarketing dates of any Three-Day Remarketing Period, delivers (a) to the Trustee and the Collateral Agent together with a notice of that such election, substantially in the form of Exhibit F hereto and Exhibit B of to the Indenture Officers' Certificate and Exhibit F of the Pledge Agreement, respectively, specifying the aggregate principal amount of Senior Notes to be remarketed, and (b) such Separated Senior Notes, by book-entry transfer or other appropriate proceduresCertificate, to the Collateral Agent for Remarketingand the Trustee, respectively, whereupon, the Collateral Agent shall hold such Separated Senior Notes in each case, an account separate from the Collateral Account and cause such Separated Senior Notes to be included in any Remarketing pursuant to the IndentureIndenture and the Remarketing Procedures. Once the such holder of such Separated Senior Notes delivers such notice and Separated Senior Notes as specified in the preceding sentence, such election may not be withdrawn and may not be conditioned upon the level at which the Reset Rate is established in the Remarketing; providedPROVIDED, howeverHOWEVER, that if such a holder delivers only such a notice but not the Separated Senior Notes subject to the notice, then none of such holder's holders' Separated Senior Notes shall be included in the Remarketing. If there is a Successful Remarketing, the Collateral Agent shall Transfer such Separated Senior Notes in accordance with the instructions provided by the Remarketing Agent pursuant to the Remarketing Agreement. If a Failed Remarketing occurs, the Remarketing Agent shall Transfer to the Collateral Agent, by the third Business Day following the Failed Remarketing, such Separated Senior Notes, whereupon the Collateral Agent shall promptly Transfer such Separated Senior Notes to the holders entitled thereto.
Appears in 1 contract
Sources: Pledge Agreement (Sierra Pacific Resources Capital Trust Ii)
Optional Remarketing. Pursuant to the Indenture and the Remarketing Agreement, on or prior to 5:00 p.m. (New York City time) on the Election Date, registered holders of Separated Senior Notes may elect to have such their Separated Senior Note Notes remarketed if such holderby Transferring their Separated Senior Notes, on or prior to the second Business Day, but no earlier than the fifth Business Day, preceding the first of the three sequential remarketing dates of any Three-Day Remarketing Period, delivers (a) to the Trustee and the Collateral Agent together with a notice of that such election, substantially in the form of Exhibit F hereto and Exhibit B of to the Indenture Officers' Certificate and Exhibit F of the Pledge Agreement, respectively, specifying the aggregate principal amount of Senior Notes to be remarketed, and (b) such Separated Senior Notes, by book-entry transfer or other appropriate proceduresCertificate, to the Collateral Agent for Remarketingand the Trustee, respectively, whereupon, the Collateral Agent shall hold such Separated Senior Notes in each case, an account separate from the Collateral Account and cause such Separated Senior Notes to be included in any Remarketing pursuant to the IndentureIndenture and the Remarketing Procedures. Once the such holder of such Separated Senior Notes delivers such notice and Separated Senior Notes as specified in the preceding sentence, such election may not be withdrawn and may not be conditioned upon the level at which the Reset Rate is established in the Remarketing; providedPROVIDED, howeverHOWEVER, that if such a holder delivers only such a notice but not the Separated Senior Notes subject to the notice, then none of such holder's holders' Separated Senior Notes shall be included in the Remarketing. If a Failed Remarketing occurs, the Remarketing Agent shall notify by telephone the Company, the Depositary, the Purchase Contract Agent, the Collateral Agent and the Trustee that a Failed Remarketing has occurred and shall Transfer to the Collateral Agent, by the third Business Day following the Failed Remarketing, such Separated Senior Notes, whereupon the Collateral Agent shall promptly Transfer such Separated Senior Notes to the holders entitled thereto.
Appears in 1 contract
Optional Remarketing. Pursuant to the Supplemental Indenture and the Remarketing Agreement, on or prior to 5:00 p.m. (New York City time) on the Election Date, registered holders of Separated Senior Notes may elect to have such their Separated Senior Note Notes remarketed if such holder, on or prior by Transferring their Separated Senior Notes to the second Business Day, but no earlier than the fifth Business Day, preceding the first of the three sequential remarketing dates of any Three-Day Remarketing Period, delivers (a) to the Trustee and the Collateral Agent and giving a notice of that such election, substantially in the form of Exhibit B of H to the Indenture Officers' Certificate and Exhibit F of the Pledge Purchase Contract Agreement, respectively, specifying the aggregate principal amount of Senior Notes to be remarketed, and (b) such Separated Senior Notes, by book-entry transfer or other appropriate procedures, to the Collateral Agent for Remarketingand the Trustee, whereupon, the Collateral Agent shall hold such Separated Senior Notes in each case, an account separate from the Collateral Account and cause such Separated Senior Notes to be included in the Remarketing pursuant to the IndentureSupplemental Indenture and the Remarketing Procedures. Once the such holder of such Separated Senior Notes delivers such notice and Separated Senior Notes as specified in the preceding sentence, such election may not be withdrawn and may not be conditioned upon the level at which the Reset Rate is established in the Remarketing; provided, however, that if such a holder delivers only such a notice but not the Separated Senior Notes subject to the notice, then none of such holder's Holders' Separated Senior Notes shall be included in the Remarketing. If there is a Successful Remarketing, the Collateral Agent shall Transfer such Separated Senior Notes in accordance with the instructions provided by the Remarketing Agent pursuant to the Remarketing Agreement. If a Failed Remarketing occurs, the Remarketing Agent shall Transfer to the Collateral Agent, by the third Business Day following the Failed Remarketing, such Separated Senior Notes, whereupon the Collateral Agent shall promptly Transfer such Separated Senior Notes to the holders entitled thereto.
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