Remarketing of Bonds Clause Samples
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Remarketing of Bonds. (a) Upon the receipt by the Remarketing Agent of any notice from the Trustee that any Bondholder (or DTC Participant, with respect to any Bonds in “book entry only” form) has delivered a notice pursuant to Section 5.1(b) hereof, or upon receipt of any notice from the Trustee of Bonds deemed to have been tendered in accordance with the provisions of Section 5.2, the Remarketing Agent shall offer for sale and use its best efforts to market the Bonds referred to in such notice from a Bondholder or such notice from the Trustee at a price of par plus accrued interest to the Bond Purchase Date, in accordance with the Remarketing Agreement; provided, however, that the Remarketing Agent shall not knowingly offer for sale or sell such Bonds to the Issuer, the Borrower or any general partner, member or any guarantor of the Borrower. The Remarketing Agent has no obligation to remarket Bonds registered in the name of the Borrower, the Credit Facility Provider or any general partner, member or guarantor of the Borrower unless the Credit Facility shall be in full force and effect after such remarketing.
(b) No Bond or portion thereof tendered pursuant to Section 5.1 or Section 5.2 hereof shall be remarketed at a price less than 100% of the principal amount thereof plus accrued interest, if any. The Remarketing Agent shall have the right to purchase any Bond tendered or deemed tendered pursuant to Section 5.1 or Section 5.2 hereof at 100% of the principal amount thereof, and to thereafter sell such Bond. Any such purchase shall constitute a remarketing hereunder.
(c) By 4:00 p.m., New York, New York time on the Business Day immediately prior to each Bond Purchase Date (other than in the case of the exercise of an optional tender right when the Bonds are in Daily Interest Rate Mode) or by 10:00 a.m., New York, New York time on the Bond Purchase Date (in the case of the exercise of an optional tender right when the Bonds are in Daily Interest Rate Mode), the Remarketing Agent shall give telephonic notice, promptly confirmed in writing and transmitted by facsimile, to the Trustee, the Borrower and the Credit Facility Provider stating the principal amount of Bonds that have been remarketed successfully, specifying the names, addresses, and taxpayer identification numbers of the purchasers of, and the principal amount and denominations of, such Bonds, if any, for which it has found purchasers as of such date, and the Purchase Price at which the Bonds are to be sold (which sha...
Remarketing of Bonds. The Remarketing Agent shall remarket, in accordance with the terms of the Remarking Agreement, Bonds or beneficial interests tendered pursuant to the terms of Sections 4.01 and 4.02 hereof at a price equal to the principal amount thereof plus accrued interest thereon from the last previous Interest Payment Date upon which interest has been paid to the date of such remarketing. The Remarketing Agent will deliver any proceeds derived from remarketing the Bonds to the Trustee prior to 12:00 Noon New York City time on the Mandatory Purchase Date or the Tender Date, as applicable. The Trustee shall not authenticate and release Bonds or beneficial interests in Bonds prior to 12:00 Noon New York City time on the date of any remarketing.
Remarketing of Bonds. The Remarketing Agent for the Bonds of a subseries shall use its best efforts to offer for sale:
(1) all Bonds of such subseries or portions thereof as to which notice of tender has been given pursuant to Section 4.06;
(2) all Bonds of such subseries required to be purchased pursuant to Sections 4.07, 4.08, 4.09 and 4.10; and
(3) all Liquidity Facility Bonds of such subseries. Notwithstanding the foregoing, in no event may the Remarketing Agent remarket Bonds or any subseries thereof to any Excluded Purchaser while a Credit Facility for such Bond is in effect hereunder.
Remarketing of Bonds. Upon the receipt by the Remarketing Agent of notice of the receipt by the Tender Agent of any notice of tender, the Remarketing Agent, subject to the terms of the Remarketing Agreement, shall offer for sale, and shall use its best efforts to sell, the Bonds in respect of which such notice has been given on the related Purchase Date. Unless otherwise instructed by the Borrower, the Remarketing Agent will offer for sale and use its best efforts to sell any Bonds subject to mandatory tender for purchase on the related Mandatory Purchase Date. Any such Bonds shall be offered: (i) at a purchase price equal to the principal amount thereof, plus accrued interest, if any, to the Purchase Date or Mandatory Purchase Date, as the case may be, and (ii) pursuant to terms calling for payment of the purchase price on such Purchase Date or Mandatory Purchase Date, as the case may be, against delivery of such Bonds. In addition, the Remarketing Agent shall, unless otherwise directed by the Borrower, and subject to the terms of the Remarketing Agreement, offer for sale, and use its best efforts to sell any Bonds purchased by the Borrower. Any such Bonds shall be offered at a purchase price equal to the principal amount thereof, plus accrued interest to the sale date. The Remarketing Agent shall not be required to remarket any Bonds after the occurrence and during the continuance of a default in the payment of the Bonds. By 10:30 A.M., New York City time, on any Purchase Date or Mandatory Purchase Date, the Remarketing Agent shall give notice by telephone of the principal amount of Bonds for which it has arranged a remarketing and the principal amount of Bonds subject to tender for purchase on such Purchase Date or Mandatory Purchase Date for which it has not arranged a remarketing to the Trustee, the Tender Agent, and the Borrower. By 12:30 P.M., New York City time, on such Purchase Date or Mandatory Purchase Date, the Remarketing Agent shall transfer to the Tender Agent the proceeds of the remarketing of such Bonds. If by 12:30 P.M., New York City time, on any Purchase Date or Mandatory Purchase Date, the Tender Agent has not obtained sufficient remarketing proceeds to pay the purchase price of Bonds subject to tender for purchase on such Purchase Date or Mandatory Purchase Date, the Tender Agent shall immediately inform the Trustee and the Trustee shall immediately demand payment by the Borrower of moneys sufficient for such purchase. The Borrower shall deliver any such m...
Remarketing of Bonds. The Remarketing Agent shall use its best efforts to offer for sale:
(i) all Bonds or portions thereof as to which notice of tender pursuant to Section 513 hereof has been given; and
(ii) all Bonds required to be purchased on a Mandatory Purchase Date described in clauses (i), (ii) or (iii) of the definition thereof; and
(iii) any Liquidity Provider Bonds (A) purchased on a Purchase Date described in clause (i) or (ii) above, (B) with respect to which the Liquidity Provider has provided notice to the Trustee and the Remarketing Agent that it is ready to reinstate the Available Amount, (C) with respect to which an Alternate Liquidity Facility and Alternate Credit Enhancement are in effect (if such funds were secured by a Credit Enhancement prior to becoming Liquidity Provider Bonds which Credit Enhancement is no longer in effect), or (D) which are being marketed as Fixed Rate Bonds.
Remarketing of Bonds. (a) Upon receipt of any notice given pursuant to Section 2.05 that any Bonds will be or are required to be tendered for purchase in accordance with Section 2.05, the Remarketing Agents shall use their best efforts to remarket such Bonds (or portions thereof in authorized denominations) on any Optional Tender Date or Purchase Date at the Purchase Price. By 2:00 p.m., New York City time, on the Business Day prior to each Optional Tender Date or Purchase Date, the Remarketing Agents shall give notice by telecopy or telephone (confirmed in writing) of the principal amount of such Bonds (or portions thereof in authorized denominations) and the registration information concerning the new Bondowners, for which they have arranged a remarketing and for which the Remarketing Agents hold remarketing proceeds on hand, to the Trustee, the Tender Agent, the Paying Agent and the Bank and, by 12:00 noon, New York City time, on each Optional Tender Date or Purchase Date shall transfer to the Tender Agent the proceeds of the remarketing of such Bonds for delivery to the Bank upon verification that sufficient amounts relating to such Bonds have been paid under the Letter of Credit and upon reinstatement of the related amount under the Letter of Credit. Bonds remarketed pursuant to the provisions of this Indenture shall not be released until a Letter of Credit meeting the terms of this Indenture shall be reinstated for such Bonds.
Remarketing of Bonds. Pursuant to the Remarketing Agreement, the Remarketing Agent will use its best efforts to remarket the Bonds at a price of par plus accrued interest, if any, and shall give notice by telephone or telex, promptly confirmed in writing, at or prior to 12:00 noon, New York City time, on the Business Day preceding the date any Bonds are to be purchased, to the Company, the Trustee and the Tender Agent, specifying the principal amount of such Bonds, if any, remarketed and the registration information of the purchasers, and shall deliver the proceeds of such sale to the Trustee.
Remarketing of Bonds. (a) No later than the close of business on the Business Day on which it receives an Optional Tender Notice with respect to any Bonds which are Tendered Bonds, the Tender Agent shall notify the Remarketing Agent and the Company in writing if requested or by telephone, telegram, telex or other electronic or wire transmission, specifying the principal amount of such Tendered Bonds, the name of the Registered Owner thereof and the Variable Rate Purchase Date specified in such Optional Tender Notice.
(b) Not later than 10:30 a.m. on the Variable Rate Purchase Date or the Conversion Date for the Bonds (the "Conversion Date") as the case may be, the Tender Agent shall notify the Trustee by telephone, telegram wire or otherwise of the amount of any drawing under the Letter of Credit necessary to purchase the Tendered Bonds, and the Bank (upon receipt of the documentation required by, and in the form prescribed by, the Letter of Credit prior to 11:00 a.m. on the Variable Rate Purchase Date or the Conversion Date, as the case may be) shall wire or otherwise deliver funds drawn under the Letter of Credit in the appropriate amount to the Trustee to be deposited into the Bank Account of the Bond Purchase Fund, which funds shall be received by the Tender Agent prior to 2:30 p.m. on the Variable Rate Purchase Date or the Conversion Date, as the case may be.
Remarketing of Bonds. (a) By 11:30 a.m., New York time, on the date the Trustee receives notice from any Bondholder in accordance with Section 4.01(a) hereof, and promptly, but in no event later than 11:30 a.m., New York time, on the Business Day following the day on which the Trustee receives notice from any Bondholder of its demand to have the Trustee purchase Bonds pursuant to Section 4.01(b) or (c) hereof, the Trustee shall give facsimile or telephonic notice, confirmed in writing thereafter, to the Remarketing Agent specifying the principal amount of Bonds which such Bondholder has demanded to have purchased and the date on which such Bonds are demanded to be purchased, with a copy of such notice to the Liquidity Provider, if a Liquidity Facility is in effect with respect to such Series of Bonds.
(b) Upon the giving of notice to the Trustee by any Bondholder in accordance with Section 4.01(a), (b) or (c) hereof and the giving of notice by the Trustee to the Remarketing Agent as provided in Section 4.04(a) hereof with respect to such notices, and on each date on which Bonds are to be purchased in accordance with Section 4.02 hereof, the Remarketing Agent shall offer for sale and use its reasonable best efforts to sell such Bonds on the date such Bonds are to be purchased at a purchase price equal to 100% of the principal amount thereof plus
Remarketing of Bonds. The Issuer shall use its best efforts to cause the Regarding the Pledge. Chapter 1208, Texas Government Code provides that no filing, registering, recording or publication of this Agreement is required to establish a pledge of Net Revenues to perfect, protect or maintain the lien securing the obligations of the Issuer under this Agreement. In the event Chapter 1208, Texas Government Code is amended at any time while any obligations of the Issuer remain outstanding under this Agreement, such that the lien on the Net Revenues is to be subject to the filing requirements of Chapter 9, Texas Business & Commerce Code, the Issuer agrees to take such action to comply with the applicable provisions of Chapter 9, Texas Business & Commerce Code, to maintain perfection of the lien on the Net Revenues.