Qualifications of Remarketing Agent Sample Clauses
Qualifications of Remarketing Agent. (a) The Remarketing Agent shall be a member of the National Association of Securities Dealers, Inc., having a capitalization of at least $30,000,000 and authorized by law to perform all the duties imposed upon it by this Agreement. The Remarketing Agent may at any time resign and be discharged of the duties and obligations created by this Agreement by giving at least sixty (60) days' notice to the Authority, the Trustee, the Paying Agent, the Tender Agent and the Company. The Remarketing Agent may be removed at any time by the Company, by an instrument, signed by an Authorized Officer of the Company, filed with the Remarketing Agent, the Authority, the Trustee, the Tender Agent and the Paying Agent.
(b) In the event of the resignation or removal of the Remarketing Agent, the Remarketing Agent shall pay over, assign and deliver any moneys and Bonds held by it in such capacity to its successor or, if there be no successor, to the Paying Agent.
(c) In the event that the Company shall fail to appoint a Remarketing Agent hereunder, or in the event that the Remarketing Agent shall resign or be removed, or be 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, and the Company shall not have appointed its successor as Remarketing Agent, the Paying Agent, notwithstanding the provisions of Subsection 719(a), shall ipso facto be deemed to be the Remarketing Agent for all purposes of this Agreement until the appointment by the Company of the Remarketing Agent or successor Remarketing Agent, as the case may be; provided, however, that the Paying Agent, in its capacity as Remarketing Agent, shall not be required to remarket Bonds pursuant to Section 314 or determine the interest rate on the Bonds pursuant to Section 301.
Qualifications of Remarketing Agent. The Remarketing Agent shall be a member of the National Association of Securities Dealers, Inc. and authorized by law to perform all the duties imposed upon it by this Indenture.
Qualifications of Remarketing Agent. The Remarketing Agent shall be a member of the National Association of Securities Dealers, Inc. and shall meet such capitalization and/or credit requirements as are acceptable to the Rating Agency, and authorized by law to perform all the duties imposed upon it by this Indenture. The Remarketing Agent may at any time resign and be discharged of the duties and obligations created by this Indenture by giving at least 30 days' written notice to the Issuer, the Borrower, the Tender Agent, the Trustee and the Credit Enhancer. The Remarketing Agent may be removed at any time, without cause, upon at least 30 days' written notice to the Remarketing Agent, at the direction of the Credit Enhancer or the Borrower by an instrument signed by an Authorized Borrower Representative, with the written consent of the Credit Enhancer, filed with the Trustee, the Credit Enhancer, the Tender Agent, the Issuer and the Remarketing Agent. In no event shall the resignation or removal of the Remarketing Agent be effective until a qualified successor has accepted appointment as such. In the event of the resignation or removal of the Remarketing Agent, the Remarketing Agent shall pay over, assign and deliver any moneys and Bonds held by it in such capacity to its successor. In the event that the Issuer shall fail to appoint a replacement Remarketing Agent hereunder, the Credit Enhancer with the written consent of the Borrower, or the Borrower with the written consent of the Credit Enhancer, may do so. [End of Article III]
Qualifications of Remarketing Agent. Any Remarketing Agent appointed pursuant to the provisions of Section 3.04 of this Indenture shall be, if there be such an institution willing, qualified and able to accept the duties of the Remarketing Agent upon customary terms, a member of the National Association of Securities Dealers, Inc., a bank or trust company or any entity rated Baa3/Prime-3 or better, within or without the State, in good standing and having reported capital and surplus of not less than $10,000,000 and rated Baa3/Prime-3 or better by Moody's (or a substantially equivalent rating by S&P). Any such Remar▇▇▇▇▇▇ Agent shall have an office in the State and shall be reasonably acceptable to the Trustee. Written notice of such appointment shall be given by the Company to the Trustee.
Qualifications of Remarketing Agent. 55 Section 11.02 Successor Remarketing Agent by Merger, Consolidation, Etc....................................55
Qualifications of Remarketing Agent. Resignation; Removal 57 Section 9.10 .......Construction of Ambiguous Provisions 58 ARTICLE X ........
Qualifications of Remarketing Agent. Any successor Remarketing Agent shall be an institution authorized by law to perform all the duties imposed upon it under this Indenture and the Remarketing Agreement. [Balance of page left blank]
Qualifications of Remarketing Agent. Remarketing Agent shall be a member of the National Association of Securities Dealers, Inc. or be a banking corporation or trust company, having a capitalization of at least $10,000,000 and shall be authorized by law to perform all the duties imposed upon it by this Indenture. Remarketing Agent may at any time resign and be discharged of the duties and obligations created by this Indenture by giving at least 30 days’ notice to Borrower, Credit Issuer, Tender Agent, Trustee, S&P and ▇▇▇▇▇’▇, to the extent each rating agency is then rating the Notes. With the prior written consent of Credit Issuer, Borrower may remove Remarketing Agent at any time by an instrument signed by Borrower and filed with Remarketing Agent, Credit Issuer, Tender Agent and Trustee. Borrower, with the written consent and approval of Credit Issuer, shall appoint a successor Remarketing Agent. Remarketing Agent shall designate to Trustee its principal office and signify its acceptance of the duties and obligations imposed on it hereunder by a written instrument of acceptance delivered to Borrower and Trustee and Tender Agent under which Remarketing Agent will agree to perform the obligations of Remarketing Agent set forth in Section 8.09 hereof. The initial Remarketing Agent is ▇▇▇▇▇▇▇▇▇ & Company LLC.
Qualifications of Remarketing Agent. The Remarketing Agent and any successor Remarketing Agent will be either a national banking association, a commercial bank or a trust company, an investment banking company, or any other corporation acceptable to Mood▇'▇ ▇▇ the Bonds are rated by Mood▇'▇ ▇▇ any other corporation acceptable to S&P if the Bonds are rated by S&P, and authorized by law to perform all the duties imposed upon it by this Indenture. The Remarketing Agent may at any time resign and be discharged of the duties and obligations created by this Indenture by giving at least 30 days' notice to the Issuer, the Company, the Paying Agent and the Trustee. The Remarketing Agent may be removed on 30 days' prior written notice, at the direction of the Company, by an instrument, signed by the Company and filed with the Remarketing Agent and the Trustee. If the Remarketing Agent resigns or is removed, the Remarketing Agent will pay over, assign and deliver any moneys and Bonds held by it in such capacity to its successor or, if no successor is appointed under the paragraph below, to the Trustee until such time as a successor is appointed. If the Remarketing Agent fails to remarket the Bonds or resigns or is removed pursuant to the provisions of this Indenture during any period for which the remarketing and operations fee has been prepaid, an appropriate pro-rata adjustment to the remarketing and operations fee shall be made pursuant to the provisions of the Placement and Remarketing Agreement.
Qualifications of Remarketing Agent. The Remarketing Agent shall be a member of the National Association of Securities Dealers, Inc. and authorized by law to perform all the duties imposed upon it by this Indenture. The Remarketing Agent may at any time resign and be discharged of its duties and obligations created by this Indenture by giving at least thirty (30) Business Days' notice to the Issuer, the Borrower and the Trustee or such shorter period as the Issuer, the Borrower, the Trustee and the Remarketing Agent agree. No resignation of the Remarketing Agent, however, shall become effective until a successor Remarketing Agent has been appointed and accepted such appointment as provided in Section 4.08 hereof.