Appointment and Obligations of the Remarketing Agents. (a) Unless this Agreement is otherwise terminated in accordance with Section 11 hereof, in accordance with the terms, but subject to the conditions, of this Agreement, the Company hereby appoints Xxxxxx Xxxxxxx and Xxxxxxx Xxxxx, and Xxxxxx Xxxxxxx and Xxxxxxx Xxxxx, acting severally and not jointly, hereby accept such appointment, to use their reasonable best efforts to remarket the Debentures in accordance with the Indenture and this Agreement as the exclusive Remarketing Agents with respect to the Debentures not subject to a duly submitted (and not timely withdrawn) Hold Notice. The Company agrees that a Remarketing Agent shall have the right (with the agreement of the other Remarketing Agent), on prior notice to the Company, to appoint one or more additional remarketing agents so long as any such additional remarketing agents shall be reasonably acceptable to the Company. Upon any such appointment, the parties shall enter into an appropriate amendment to this Agreement to reflect the addition of any such remarketing agent.
Appointment and Obligations of the Remarketing Agents. (a) The Company hereby appoints, on a non-exclusive basis, each Remarketing Agent, and each Remarketing Agent hereby accepts such appointment as to each Note for each remarketing for which it is designated and has accepted in accordance with the following sentence, as the remarketing agent with respect to the Notes for the purpose of (i) setting the interest rate or rates and the Spread (if any) and/or the Spread Multiplier (if any) for such Notes, (ii) remarketing such Notes from time to time on behalf of the Beneficial Owners thereof and (iii) accepting such tendered Notes for remarketing and receiving payment, or using reasonable efforts to cause the Trustee to receive payment, of the purchase price for such Notes subject to remarketing and paying Beneficial Owners on whose behalf such Notes were remarketed. In connection with the remarketing on each Interest Rate Adjustment Date for each Note, the Company shall designate the Remarketing Agent therefor by notice (confirmed in writing) to such Remarketing Agent; which designation shall become effective only upon acceptance thereof (confirmed in writing) by the applicable Remarketing Agent. Unless otherwise agreed by the Company and the applicable Remarketing Agent(s) in writing, notice of designation shall be made and accepted not less than eight Business Days prior to (x) the applicable Interest Rate Adjustment Date, in the case of a Note being remarketed into a Short Term Rate Period, or (y) the third Business Day preceding the applicable Interest Rate Adjustment Date, in the case of a Note being remarketed into a Long Term Rate Period. Subject to the foregoing and to Section 6 hereof, the Company reserves the right to appoint or replace the Remarketing Agent with respect to any issue of Notes at any time.
Appointment and Obligations of the Remarketing Agents. (a) The Company hereby appoints Citigroup Global Markets Inc. and Xxxxxx Xxxxxxx & Co. Incorporated as the exclusive Remarketing Agents, and, subject to the terms and conditions set forth herein, Citigroup Global Markets Inc. and Xxxxxx Xxxxxxx & Co. Incorporated hereby accept appointment as Remarketing Agents, for the purpose of (i) remarketing the Remarketed Convertible Notes on behalf of the holders thereof, (ii) determining, in consultation with the Company, in the manner provided for herein and in the Purchase Contract and Pledge Agreement and the Supplemental Indenture No. 1, the Reset Rate for the Convertible Notes, and (iii) performing such other duties as are assigned to the Remarketing Agents in the Transaction Documents.
Appointment and Obligations of the Remarketing Agents. (a) The Company hereby appoints the Remarketing Agents as the exclusive remarketing agents with respect to the Remarketing. Each of the Remarketing Agents, subject to the terms and conditions set forth herein, hereby accepts such appointment, severally and not jointly, for the purpose of (i) remarketing the Remarketed Senior Notes on behalf of the holders thereof, (ii) determining, in consultation with the Company, in the manner provided for herein and in the Purchase Contract and Pledge Agreement and the Indenture, the Reset Rate for the Senior Notes, and (iii) performing such other duties as are assigned to the Remarketing Agent in the Transaction Documents.
Appointment and Obligations of the Remarketing Agents. (a) The Company hereby appoints each of Barclays Capital Inc., Citigroup Global Markets Inc., Xxxxxxx Sachs & Co. LLC, X.X. Xxxxxx Securities LLC, Xxxxxx Xxxxxxx & Co. LLC and Xxxxx Fargo Securities, LLC as a Remarketing Agent, and, subject to the terms and conditions set forth herein, each of Barclays Capital Inc., Citigroup Global Markets Inc., Xxxxxxx Xxxxx & Co. LLC, X.X. Xxxxxx Securities LLC, Xxxxxx Xxxxxxx & Co. LLC and Xxxxx Fargo Securities, LLC hereby accepts appointment as a Remarketing Agent, for the purpose of (i) remarketing the Remarketed Notes on behalf of the holders thereof, (ii) determining, in consultation with the Company, in the manner provided for herein and in the Purchase Contract and Pledge Agreement and the Supplemental Indentures, the Reset Rates for the Notes, and (iii) performing such other duties as are assigned to the Remarketing Agents in the Transaction Documents.
Appointment and Obligations of the Remarketing Agents. (a) The Company hereby appoints the several remarketing agents named in Schedule I hereto as the exclusive Remarketing Agents, and Citigroup Global Markets Inc. as Representative of the Remarketing Agents. Each Remarketing Agent appoints the Representative to act on its behalf under this Agreement. The Representative, on behalf of the Remarketing Agents, and subject to the terms and conditions set forth herein, hereby accepts such appointment for the purpose of (i) remarketing the Remarketed Senior Notes on behalf of the holders thereof, (ii) determining, in consultation with the Company, in the manner provided for herein and in the Purchase Contract Agreement and the Indenture, the Reset Rate for the Senior Notes, and (iii) performing such other duties as are assigned to the Remarketing Agents in the Transaction Documents.
Appointment and Obligations of the Remarketing Agents. (a) The Company hereby appoints Xxxxxxx, Xxxxx & Co. and X.X. Xxxxxx Securities LLC as the lead Remarketing Agents, and, subject to the terms and conditions set forth herein, Xxxxxxx, Xxxxx & Co. and X.X. Xxxxxx Securities LLC hereby accept appointment as Remarketing Agents, for the purpose of (i) remarketing the Remarketed Notes on behalf of the holders thereof, (ii)
Appointment and Obligations of the Remarketing Agents. (a) The Corporation hereby appoints BofA Securities, Inc., CIBC World Markets Corp. and RBC Capital Markets, LLC as the exclusive Remarketing Agents, and, subject to the terms and conditions set forth herein, each of BofA Securities, Inc., CIBC World Markets Corp. and RBC Capital Markets, LLC severally hereby accepts the appointment as a Remarketing Agent, for the purpose of: (i) Remarketing the Remarketed Notes on behalf of the holders thereof; (ii) determining, in consultation with the Corporation, in the manner provided for herein and in the Purchase Contract and Pledge Agreement and the Supplemental Indenture, the Reset Rate for the Notes; and (iii) performing such other duties as are assigned to the Remarketing Agent in the Transaction Documents.
Appointment and Obligations of the Remarketing Agents. (a) The Company hereby appoints the Remarketing Agents listed on Schedule A hereto as the initial Remarketing Agents, and the Remarketing Agents listed on Schedule A hereto hereby accept appointment as the initial Remarketing Agents, for the purpose of (i) remarketing the Remarketed Securities on behalf of the Trust, (ii) establishing the Reset Rate or Reset Spread for the Securities in connection with the Remarketing, and (iii) performing such other duties as are assigned to the Remarketing Agents in the Remarketing Procedures, all in accordance with and pursuant to the Remarketing Procedures.
Appointment and Obligations of the Remarketing Agents. (a) The Company hereby appoints [_______] as the exclusive Remarketing Agent[s], and, subject to the terms and conditions set forth herein, [_______][severally] hereby accepts appointment as a Remarketing Agent, for the purpose of (i) remarketing the Remarketed Notes on behalf of the holders thereof, (ii) determining, in consultation with the Company, in the manner provided for herein and in the Purchase Contract and Pledge Agreement and the Supplemental Indenture, the Reset Rate for the Notes, and (iii) performing such other duties as are assigned to the Remarketing Agent in the Transaction Documents.
