Incorporation by Reference of Auction Procedures and Settlement Procedures Sample Clauses

Incorporation by Reference of Auction Procedures and Settlement Procedures. (a) On each Auction Date, the provisions of the Auction Procedures shall be followed by the Auction Agent for the purpose of determining the Auction Rate for each Auction Period after the Initial Period. Each periodic operation of such procedures is hereinafter referred to as an "Auction".
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Incorporation by Reference of Auction Procedures and Settlement Procedures. (a) During the Initial Interest Period, each of the Series 1997-1A Notes, the Series 1997-1B Notes, the Series 1997-1C Notes, the Series 1997- 1D Notes and the Series 1997-1E Notes shall bear interest at the Tax Exempt Auction Rate Series 1997-1 Note Initial Interest Rate for such series. Thereafter, the Tax Exempt Auction Rate Series 1997-1 Notes shall bear interest at the Auction Rate Series 1997-1 Note Interest Rate based on an Interest Period that shall be an Auction Period. The Auction Rate Series 1997-1 Note Interest Rate on each series of the Tax Exempt Auction Rate Series 1997-1 Notes for each Auction Period shall be the Auction Rate determined in accordance with Sections 3 through 12 of the First Supplemental Indenture (not to exceed 14% per annum). Pursuant to Section 8 of the First Supplemental Indenture, the Issuer has duly appointed Bankers Trust Company as Auction Agent for purposes of the Auction Procedures and to perform such other obligations and duties as are herein set forth. Bankers Trust Company hereby accepts such appointment and agrees that, on each Auction Date, it shall follow the procedures set forth in this Section 2 and the Auction Procedures for the purpose of, among other things, determining the Auction Rate, and ultimately the Auction Rate Series 1997-1 Note Interest Rate for each series of the Tax Exempt Auction Rate Series 1997-1 Notes for each Auction Period other than the Initial Interest Period. Each periodic operation of such procedures is hereinafter referred to as an "Auction."
Incorporation by Reference of Auction Procedures and Settlement Procedures. (a) During the Initial Interest Period, each of the Series 2001-1A Notes, the Series 2001-1B Notes and the Series 2001-1C Notes shall bear interest at the Series 2001-1 Note Initial Interest Rate for such series. Thereafter, the Series 2001-1 Notes shall bear interest at the Series 2001-1 Note Interest Rate based on an Interest Period that shall be an Auction Period. The Series 2001-1 Note Auction Rate on each series of the Series 2001-1 Notes for each Auction Period shall be the lesser of (i) the Net Loan Rate and (ii) the Auction Rate determined in accordance with Sections 3 through 12 of the Third Supplemental Indenture (not to exceed 18% per annum). Pursuant to Section 8 of the Third Supplemental Indenture, the Issuer has duly appointed Bankers Trust Company as Auction Agent for purposes of the Auction Procedures and to perform such other obligations and duties as are herein set forth. Bankers Trust Company hereby accepts such appointment and agrees that, on each Auction Date, it shall follow the procedures set forth in this Section 2 and the Auction Procedures for the purpose of, among other things, determining the Auction Rate, and ultimately the Series 2001-1 Note Auction Rate for each series of the Series 2001-1 Notes for each Auction Period other than the Initial Interest Period. Each periodic operation of such procedures is hereinafter referred to as an "Auction."
Incorporation by Reference of Auction Procedures and Settlement Procedures. (a) On each Auction Date, the provisions of the Auction Procedures will be followed by the Auction Agent for the purpose of determining the Applicable Interest Rate for each Auction Period after the Initial Period. Each periodic operation of such procedures is hereinafter referred to as an "Auction."
Incorporation by Reference of Auction Procedures and Settlement Procedures. (a) Pursuant to Section 2.1.5 of Annex I to the Indenture, Wachovia Capital Markets, LLC has been appointed as the initial Auction Agent for purposes of the Auction Procedures and to perform such other obligations and duties as are herein set forth. Wachovia Capital Markets, LLC hereby accepts such appointment and agrees that, on each Auction Date, it shall follow the procedures set forth in this Section 2 and the Auction Procedures for the purpose of, among other things, determining for the Auction Notes the Auction Rate, and the Note Rate for the Auction Notes for each Interest Period. Each periodic operation of such procedures is hereinafter referred to as an "Auction."
Incorporation by Reference of Auction Procedures and Settlement Procedures. (a) During the applicable Initial Period, each Class of Auction Rate Notes shall bear interest at the initial Class Interest Rate as set forth in the Third Terms Supplement. Thereafter, each Class of Auction Rate Notes shall bear interest at the applicable Class Interest Rate based on an Interest Period that shall be an Auction Period. The Class Interest Rate for each applicable Auction Period shall be the lesser of (i) the Net Loan Rate and (ii) the Auction Rate determined in accordance with Section 2.4 and Section 2.5 of the Third Terms Supplement (not to exceed the applicable Class Interest Rate Limitation) in the case of the Auction Rate Notes. Pursuant to Section 2.5.5 of the Third Terms Supplement, the Issuer has duly appointed Bankers Trust Company as Auction Agent for purposes of the Auction Procedures and to perform such other obligations and duties as are herein set forth. Bankers Trust Company hereby accepts such appointment and agrees that, on each Auction Date, it shall follow the procedures set forth in this Section 2 and the Auction Procedures for the purpose of, among other things, determining the Auction Rate, and ultimately the Class Interest Rate for each Auction Period other than the Initial Period. Each periodic operation of such procedures is hereinafter referred to as an "Auction."

Related to Incorporation by Reference of Auction Procedures and Settlement Procedures

  • Purpose; Incorporation by Reference of Auction Procedures and Settlement Procedures (a) On each Auction Date, the provisions of the Auction Procedures will be followed by the Auction Agent for the purpose of determining the Applicable Rate for the of APS, for the next Dividend Period therefor. Each periodic operation of such procedures is hereinafter referred to as an "Auction."

  • Purpose; Incorporation by Reference of Auction Procedures (a) On each Auction Date, the provisions of the Auction Procedures will be followed by the Auction Agent for the purpose of determining the Applicable Rate for each series of Preferred Shares, for each Dividend Period. Each periodic operation of such procedures is hereinafter referred to as an "Auction."

  • Amendment Procedures Amendments to this Agreement may be proposed only by the General Partner. To the fullest extent permitted by law, the General Partner shall have no duty or obligation to propose or approve any amendment to this Agreement and may decline to do so free of any duty or obligation whatsoever to the Partnership, any Limited Partner or any other Person bound by this Agreement, and, in declining to propose or approve an amendment to this Agreement, to the fullest extent permitted by law shall not be required to act in good faith or pursuant to any other standard imposed by this Agreement, any Group Member Agreement, any other agreement contemplated hereby or under the Delaware Act or any other law, rule or regulation or at equity, and the General Partner in determining whether to propose or approve any amendment to this Agreement shall be permitted to do so in its sole and absolute discretion. An amendment to this Agreement shall be effective upon its approval by the General Partner and, except as otherwise provided by Section 13.1 or Section 13.3, the holders of a Unit Majority, unless a greater or different percentage of Outstanding Units is required under this Agreement. Each proposed amendment that requires the approval of the holders of a specified percentage of Outstanding Units shall be set forth in a writing that contains the text of the proposed amendment. If such an amendment is proposed, the General Partner shall seek the written approval of the requisite percentage of Outstanding Units or call a meeting of the Unitholders to consider and vote on such proposed amendment. The General Partner shall notify all Record Holders upon final adoption of any amendments. The General Partner shall be deemed to have notified all Record Holders as required by this Section 13.2 if it has posted or made accessible such amendment through the Partnership’s or the Commission’s website.

  • Incorporation by Reference, Etc The provisions of the Plan are hereby incorporated herein by reference. Except as otherwise expressly set forth herein, this Agreement shall be construed in accordance with the provisions of the Plan and any capitalized terms not otherwise defined in this Agreement shall have the definitions set forth in the Plan. The Committee shall have final authority to interpret and construe the Plan and this Agreement and to make any and all determinations under them, and its decision shall be binding and conclusive upon the Participant and his legal representative in respect of any questions arising under the Plan or this Agreement.

  • IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an Account. When the Company opens an Account the Bank will ask for the depositor's name, address and other information that will allow the Bank to identify the depositor. The Bank may also ask to see other documents that substantiate the depositor's identity.

  • Incorporation by Reference of TIA Whenever this Indenture refers to a provision of the TIA, such provision is incorporated by reference in, and made a part of, this Indenture. The following TIA terms used in this Indenture have the following meanings:

  • Incorporation By Reference; Plan Document Receipt This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless such amendments are expressly intended not to apply to the Award provided hereunder), all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in the Plan. The Participant hereby acknowledges receipt of a true copy of the Plan and that the Participant has read the Plan carefully and fully understands its content. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control.

  • Incorporation of Plan by Reference The Option is granted pursuant to the terms of the Plan, the terms of which are incorporated herein by reference, and the Option shall in all respects be interpreted in accordance with the Plan. The Committee shall interpret and construe the Plan and this instrument, and its interpretations and determinations shall be conclusive and binding on the parties hereto and any other person claiming an interest hereunder, with respect to any issue arising hereunder or thereunder.

  • General Procedures If at any time on or after the date the Company consummates a Business Combination the Company is required to effect the Registration of Registrable Securities, the Company shall use its best efforts to effect such Registration to permit the sale of such Registrable Securities in accordance with the intended plan of distribution thereof, and pursuant thereto the Company shall, as expeditiously as possible:

  • Claim Procedures Claim forms or claim information as to the subject policy can be obtained by contacting Benmark, Inc. (800-544-6079). When the Named Fiduciary has a claim which may be covered under the provisions described in the insurance policy, they should contact the office named above, and they will either complete a claim form and forward it to an authorized representative of the Insurer or advise the named Fiduciary what further requirements are necessary. The Insurer will evaluate and make a decision as to payment. If the claim is payable, a benefit check will be issued in accordance with the terms of this Agreement. In the event that a claim is not eligible under the policy, the Insurer will notify the Named Fiduciary of the denial pursuant to the requirements under the terms of the policy. If the Named Fiduciary is dissatisfied with the denial of the claim and wishes to contest such claim denial, they should contact the office named above and they will assist in making an inquiry to the Insurer. All objections to the Insurer's actions should be in writing and submitted to the office named above for transmittal to the Insurer.

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